INTRODUCTION TO CRIMINOLOGY

WITH
PSYCHOLOGY OF CRIMES
 HISTORICAL DEVELOPMENT

Introduction

The discipline of criminology has evolved in five phases.

The first two phases were the early origins and the dark
ages wherein criminological theories have evolved and
became more multidisciplinary. This became the forerunner
of independent criminology that seeks to understand crime
itself rather than study crime as one aspect of an overall
sociological or psychological theory. The third phase begins
in the 18th century. This, in turn, allowed for the
dispassionate, scientific study of why crime occurs. The
development of this study is now known as the era of
classical and neo-classical criminology.
The fourth phase, which began in the 19th
century, is referred to as positivist criminology.
During this era, criminology distinguished itself
as a subspecialty within the emerging disciplines
of psychology, sociology, and economics.
The fifth phase, beginning in the second half of
the 20th century, may best be called
independent criminology. During this period,
criminology began to assert its independence
from the traditional disciplines that spawned it.
Definition of Criminology

It is the scientific study of criminals and

criminal behavior. Criminologists attempt to
build theories that explain why crimes occur and
test those theories by observing behavior.
Criminological theories help shape society's
response to crime both in terms of preventing
criminal behavior and responding to it after it
occurs.
Early Origins

The concept of crime was recognized in the earliest

surviving legal codes. One of the first was developed in about
2000 B.C. by King Dungi of Sumer. Its content is known today
because it was later adopted by Hamurabi (1750-1799 B.C.), the
sixth king of Babylon, in his famous set of written laws that is
today know as the Code of Hamurabi.

Preserved on basalt rock columns, the code set out crimes

and their correction. Punishment was based on physical
retaliations or lex talionis or an eye for an eye. The severity of
punishment depended on class standing for assault, slaves
would be put to death; freemen might lose a limb. The laws
were strictly enforced by judges who were themselves
controlled by advisers to the king.
Eighteenth Century

Despite the progress made in human culture and

knowledge during the Renaissance—1300-1500, as
the eighteenth century begun, European life was
still extremely harsh for all but the few wealthy
members of society. Class and family position at
birth determined the entire course of a person’s life.
Those who inherited lands and title flaunted their
wealth through excessive behavior, such as gorging
themselves on food and drink; gastrointestinal
ailments were common complaints of the affluent.

 Crime was viewed as a rebellious act against
the political structure; punishments were severe
in order to convince the poor that disobedience
to the established order was futile. Execution of
criminals drew crowds in the tens of thousands.
In later decades, unfair punishments, inherited
power, and an economic system that condoned
taxing the poor to pay for the life-styles of the
powerful would help produce revolutions first in
the American colonies, then in France, and much
later in Russia.
Nineteenth Century

The positivist tradition has two main

elements. The first is the belief that human
behavior is a function of external forces that are
beyond individual control. Some of these forces
are social, such as the effect of wealth and class,
while others are political and famine. Other
forces are more personal and psychological,
such as individual’s brain structure and his or her
biological makeup and or mental ability. Each of
these forces operates to influence human
behavior.
The second aspect of positivism is the embrace of
the scientific method to solve problems.
Positivism relies on the strict use of empirical
methods to test hypotheses. That is, they
believe in the factual, first hand observation and
measurement of conditions and events. A
positivist would agree that an abstract concept
such as “intelligence” exists because it can be
measured by an IQ test. They would challenge a
concept such as “the soul” because it is a
condition that cannot be verified by the
scientific method.
Twentieth Century

For most of the twentieth century,

criminology’s primary orientation has been
sociological. However, it has also been deeply
influenced by the contributions of persons in
several diverse fields. Other contributions are
being made by historians and political
economists who study the history of laws and
the evolving definition of crime in this
contemporary society. Criminology, despite of
its historical antecedents, is a young inter-
disciplinary science.
 Criminologists are called upon to assist
governments in devising strategies to deal with
a wide variety of international and transnational
crimes. There are number of requirements for
successful criminological research; studying law,
understanding criminal justice system, learning
about culture, collecting reliable data, engaging
in research, and when needed, doing cross-
cultural empirical research and studies.
 SCHOOL OF THOUGHTS

Criminologists traditionally consider that their field has

its origins as science in the eighteen century, when what
came to be known as the classical school of criminology
was established. But when to look at what some much
earlier thinkers had to say about crime, it may have to
consider this assumption. Scholars have speculated
about the causes of crime and possible remedies since
ancient times. Modern criminology is based on their
accumulated knowledge. The two leading schools of
criminological thought are the classical, neo-classical,
and the positivist.

Classical Criminology

The classical criminology, which dated to the

middle of the eighteenth century, is based on the
assumptions that criminal choose to commit crimes
after weighing the consequences of their actions.
According to classical criminologists, individuals
have free will to choose legal or illegal means to get
what they want; the test of punishment can deter
people from committing crime; and society can
control behavior by making the pain in punishment
greater than the pleasure of the criminal gains.

The classical criminologists of the 18th century
were primarily concerned with ending brutality
and inequality against criminals by enforcing
limitations on government power. They believed
that criminal behavior was the product of the
offender's rational choice, and that crime could
be prevented through the speedy and certain
application of penalties that attached painful
and unattractive consequences to such behavior.
Advocates of Classical Criminology

The hereunder advocates of the classical school of

criminology laid the foundation for the first school of thoughts
of criminology, and they are as follows:

1. Cesare Beccaria

Cesare Bonesana, Marchese di Beccaria (1738-1794) was

rather undistinguished law student who joined a group of
articulates and radical intellectuals after graduation.
Disenchanted with contemporary European society, the group
organized themselves into the Academy of Fists. It was one of
many young men’s clubs that flourished in Italy at the time.
Their purpose was to investigate the types of reforms that were
needed to modernize Italian society.
2. Jeremy Bentham

Legal scholars and reformers throughout

Europe proclaimed their indebtedness to
Beccaria, but none owned more to him that the
English legal philosopher Jeremy Bentham
(1748-1832). Bentham devoted his life to
developing a scientific approach to the making
and breaking of laws. Like Beccaria, he was
concerned with the achieving “the greatest
happiness of the greatest number.” His work
was governed by utilitarian principles.
Neo-Classical Criminology

The neo-classical criminology, which flourished

during the nineteenth century, had the same basis as
the classical school—-a belief in free will. But the neo-
classical criminologists that were mainly British began
complaining about the need for individualized reaction
to offenders, as they believed the classical approach
was far too harsh and, in reality unjust. Neo-classical
criminology continues the traditions of the classical
criminology within the framework of Right Realism.
Hence, the utilitarianism of Jeremy Bentham and Cesare
Beccaria remains a relevant social philosophy in policy
term for using punishment as a deterrent through law
enforcement, the courts, and imprisonment.
Positivist Criminology

The positivist criminology was composed of several Italians

whose approaches differs to some extent, but they all agreed that
emphasis in the study of crime should be on the scientific treatment
of the criminal, not on the penalties to be imposed after conviction.
The classical criminology, defining crime in legal terms, emphasized
the concept of free will and the position that punishment gauged to
fit the crime would be a deterrent.

Positivism alone, however, was not sufficient to being about a

fundamental change in criminological thinking. Not until Charles
Darwin (1809-1882), challenged the doctrine of creation with his
theory of the evolution of species did the next generation of
criminologists have the tools with which challenges criticism.
Advocates of Positivist Criminology

Advocates of the positivist school, laid the foundation for the

third school of thoughts of criminology, and they are as follows:

1. Cesare Lombroso

After completing his medical studies, Cesare Lombroso (1836-

1909), served as an army physician, became a professor of psychiatry
at the University of Turin, and later in life accepted an appointment as
professor of criminal anthropology. His theory of the “born criminal”
stated that criminals are a lower form of life, nearer to the apelike
ancestors than non-criminals in traits and dispositions. They are
distinguishable from non-criminals by various atavistic stigmata—-
physical features of creatures at an earlier stage of development
before they became fully human.
2. Enrico Ferri

Although Enrico Ferri (1856-1929) agreed with Lombroso on the

biological bases of criminal behavior, his interest in socialism led to
recognize the importance of social, economic, and political
determination. He did, however, stress that society needed
protection against criminal acts and that is was the purpose of
criminal law and penal policy to provide that protection.

3. Rafael Garofalo

Rafael Garofallo (1952-1934), rejected the doctrine of free will

and supported the position that the only way to understand crime
was to study it by scientific methods. Garofalo traced the roots of
criminal behavior not to physical features but to their psychological
equivalents, which he called “moral anomalies.” According to this
theory, natural crimes are found in all human societies, regardless of
the views of lawmakers, and no civilized society can afford to
disregard them.
4. Gabriel Tarde

One of the earliest sociological theories of criminal

behavior was formulated by Gabriel Tarde (1843-1904),
who serve fifteen years as a provincial judge and then
place in charge of France’s national statistics. Tarde
rejected the Lombrosian theory of biological
abnormality, which was popular in his time, arguing that
criminals were normal people who learned crime just as
others learned legitimate trades. He formulated his
theory in terms of laws of imitation—principles that
governed the process by which people became
criminals. According to Tarde’s thesis, individuals
emulate behavior patterns in much the same way that
they copy styles of dress.
5. Emile Durkheim

Of all the nineteenth century writers on the

relationship between crime and social factors, none has
more powerfully influenced contemporary criminology
than Emile Durkheim (1858-1917), who is universally
acknowledged as one of the founders of sociology.
Durkheim pointed out that all societies have not only
crime but sanctions. The rationale for the sanctions
varies in accordance with the structure of the society.
The most important of Durkheim’s many contributions
to contemporary sociology is his concept of anomie, a
breakdown of social order as a result of a loss of
standards and values. In a society plagued by anomie,
disintegration and chaos replace social cohesion.
 BIOLOGICAL, PSYCHOLOGICAL &
SOCIOLOGICAL

Biological variables and their interactions are

important to the understanding the origins of
the criminal behavior; psychologists have
considered a variety of possibilities to account
for individual differences, while sociological
theories of crimes assume that the offender’s
personality and action are molded by contact
with the social environment.
 Early Developments of Biological Theories

Two different types of biological or, more

accurately, biosocial theories exist. One set of
theories emphasizes genetic factors—that is, the
traits transmitted from parents to offspring. Other
studies emphasize irregularities in neurological
development that might undermine certain self-
controls that inhibit criminality. These irregularities
may occur in the structure of the brain or in the
chemical composition of the brain.
 Generic Factors

1. The evidence for an association between genetic makeup and

criminality comes from empirical studies of identical twins--who had
the same genetic makeup, and adopted children—who are
genetically dissimilar from other family members. These studies
attempt to show that biological inheritance affects the tendency
toward criminality independently of or in conjunction with the social
environment.

2. Neurological Abnormalities

Abnormalities affecting aggression may occur in the structure of

the brain. Researchers have discovered a positive relationship
between aggressive behavior—including violent crime—and an
impairment of the frontal lobe of the brain’s cerebrum. This means
that when researchers look for one factor, either abnormality or
aggression, they often find the other factor as well.
Modern Bio-Criminology

Bio-criminology is the study of the physical

aspects of psychological disorders. It has been
known for some time that adult who suffer from
depression show abnormalities in brainwaves
during sleep, experience disturbed nervous
system functioning, and display bio-chemical
abnormalities. Criminologist once again began
to consider the possibility that there are indeed
traits that predispose a person to criminality and
that these traits maybe passed from parent to
child through the genes
Biological Perspectives on Crime

In the past, theories of the biological aspects

of criminal behavior were marked by a general
lack of knowledge regarding the human brain
and by serious methodological shortcoming.
Indeed, “biological criminology” was eventually
discredited because findings were largely
unscientific, simplistic, and uni-causal caused.
Biological facts were globally rejected due to the
inability of theories to posit a rational
explanation for the development of criminal
behavior.
Early Developments of Psychological Theories

To account for criminal motivation in people,

criminologists have used various psychological
theories that attempts to explain human
intellectual and emotional development. These
theories can be divided into three categories, as
follows:
1. Moral Development Theory

Between two and seven years of age children

learn to think about and understand objects using
thoughts that are independent of immediate
experience. During this stage children are
egocentric—that is, they believe that others
experience the same reality that they do. From age
seven to adolescence the child learns to think
logically and to organize and classify objects.
Beginning in adolescence, the child develops the
ability to think logically about the future and to
understand theoretical concepts.
2. Social Learning Theory

Social learning theory proposes that people

internalize moral codes more through the
process of socialization—learning behaviors
through interaction with others—rather than
through a stage-by-stage development process.
Specifically, social learning theory maintains
that young person learns how to behave based
on how elders—primarily parent figures,
respond to the person’s violations of and
compliance with rules.
3. Personality Theory

Personality theory attempts to explain how

people acquire predispositions toward certain
behavior. These predispositions are sometimes
discussed in terms of personality traits, such as
impulsiveness and stubbornness, or personality
types, such as introvert and extrovert. All other
things being equal, people will consistently display
behaviors that they are predisposed toward. Some
social scientists believe that certain predispositions
or personality types may be associated with
criminal tendencies or activities.
 Psychological Explanations of Crime

Psychological explanations of crimes have firm

foundations in the pre-destined actor model of
crime and criminal behavior. It is the implication of
both the psychodynamic and behavior learning
traditions that there is such a thing as the criminal
mind or personality. In some way this determined
the behavior of the individual. The causes are
dysfunctional, abnormal emotional adjustment or
deviant personality traits formed in early
socialization and childhood development.
 Psychological Perspectives on Crime

Psychological perspectives on crime have

long been important in determining the legal
responsibility of people who violate the law.
Modern psychology questions the ability of
some people to form criminal intent, a necessary
element of most crimes, and the legal system
sometimes relieved people of responsibility for
their actions that violate the law if they cannot
form criminal intent.
Human mind performs three separate functions.
The conscious mind is the aspect of the mind
that people are most aware of--hunger, pain,
thirst, and desire. The pre-conscious mind
contains elements of experiences that are out of
awareness but can be brought back to
consciousness at any time—memories, and
experiences. The unconscious part of the mind
contains biological desires and urges that cannot
readily be experienced as thoughts. Part of the
unconscious contains feelings about sex and
hostility, which people keep below the surface of
consciousness by a process called repression.
Early Developments of Sociological Theories

The most common criminological theories

attribute criminal motivation to environmental
or social factors rather than biological or
psychological traits. These theories may focus
on social influences on crime or on economic
factors.
1. Social Cause

One of the first theories describing the

influence of social factors on crime came from
French sociologist Gabriel Tarde. In the late
1880s Tarde criticized the physical typology
theories of Lombroso and his followers.
Although Tarde did not deny the relevance of
biological factors in enhancing criminal
tendencies, he asserted that the causes of crime
are chiefly social. His basic theory on the causes
of crime was founded on laws of imitation.
a. Social-Structure Theories

The social-structural approach emphasizes the effects of an

individual's position in society and the constraints that the person’s
status puts on his or her perceptions and behavior. According to this
model, all members of society subscribe to the same moral code but
some people—because of their position in society—are more able
than others to follow that code. Social-structural theorists assert that
crime is an adaptation to the limitations that social position places on
individual behavior.

b. Sub-Cultural Theories

While social-structural or strain theories assume that people

share similar values and differ only with respect to access to
resources, sub-cultural theories assume that certain groups have
values quite distinct from those of the rest of society. Moreover,
these differences are enduring. Members of these groups will be
disproportionately involved in crime because they acquire and follow
the values of their group.
2. Economic Cause

Studies concerning the influence of economic

factors on criminal behavior have attempted to
link economic deprivation to increased
motivation to commit crimes—especially
property crimes. Such studies assume that when
economic conditions worsen more people
experience deprivation and turn to crime to
reduce that deprivation. These same theories
have been used to explain why people of lower
socioeconomic status are disproportionately
represented among known criminals.
 Sociological Perspectives on Crimes

Most of the explanations for crime focused

on biological and psychological characteristics
as causes of criminality. Claiming to be neutral
and scientifically based, they mostly situate the
causes of crime in the individual offender and so
divert attention away from social or societal
problems. The theories which follow minimize
these factors and instead concentrate on
extraneous influences such as environment,
poverty and unemployment.

 CONTEMPORARY THEORIES OF CRIME

The evolution toward an independent

criminology freed the discipline from the
dominance of sociology. In this portion,
contemporary theories of crime had been
presented—they are in addition to biological,
psychological, and sociological theories of
crime. And in each era, social and political
turmoil has produced profound changes in
people’s lives. Owing to this it calls for the
development of other alternative theories of
crime, and they are as follows, i.e., labeling,
conflict, Marxist, and developmental.
Anomie Theory

One way of studying a society is to look at its

component parts in an effort to find out how
they relate to each other. In other words, it
needs to look the structure of society to see how
it functions. If the society is stable, its parts
operating smoothly, the social arrangements are
functional. Such a society is marked by cohesion,
cooperation, and consensus. But if the
component parts are arranged in such as way as
to threaten the social order, the arrangements
are said to be dysfunctional. In a class oriented
society, for example, the classes tend to be in
conflict.
Strain Theory

Like Durkheim, Robert Merton related the crime

problem to anomie. But Merton’s conception of
anomie differs somewhat from Durkheim. The real
problem, Merton argued, is created not by sudden
social change but by a social structure that holds
out the same goals to all of its members without
giving them equal means to achieve them. This lack
of integration between what the culture calls for
and what the structure permits, the former
encouraging success and the latter preventing it,
can cause norms to break down because they no
longer are effective guides to behavior. Merton
borrowed the term “anomie” from Durkheim to
describe this breakdown of the normative system.
Theories of Crime and Criminality

Some experts have argued that if crimes are to be

prevented and effective crime control policies
developed, the study of criminal behavior must be
closely tied to the decision making process of offenders
and to the criminal act themselves, as follows:

1. Rational-Choice Theory

The rational-choice theory, developed by Derek

Cornish and Ronald Clarke, takes into account the entire
criminal event, which includes the criminal motivation,
and the situation. “Rational” refers to the fact of
criminal process information and evaluate alternatives.
“Choice” suggests that they make decisions.
2. Routine-Activities Theory

Another new approach, the routine-activities

theory, is closely linked to rational-choice theory. It
too, focuses on the characteristics of the crime
rather than on those of the offender. According to
Lawrence Cohen and Marcus Felson, there will be
always be a good supply of motivated offenders.
What it is need to understand is the range of
options among which offenders choose when they
decide to commit a crime? Felson says, “criminal
offenders disproportionately find victims in certain
settings.” This approach focuses on the
circumstances in which crimes are committed.
Integrated Theories

Interest in social control theory stimulated a

series of attempts to merge, or integrate, its
premises with those of other prominent
theories. Some theorists believe that only by
combining traditional theories will gave a better
explanation of the wide range of the causes of
criminal behavior. But integration presents some
problems. Critics contend that difficulties arise
when tried to reconcile basic differences among
the theories and that can be learn more by
making individual theories more precise.
Labeling Theory

Labeling separates the good from the bad,

the conventional from the deviant. Mead’s
interest in deviance focused on the social
interactions by which an individual becomes a
deviant. The person is not just a fixed structure
whose action is the results of certain factors
acting upon it. Rather, social behavior develops
in a continuous process of action and reaction.
The way it is being perceived by them, their self-
concept is built not only on what they think of
themselves, but also on what others think of
them.
Conflict Theory

Conflict theory views crime as the outcome

of class struggle. Conflict works to promote
crime by creating a social atmosphere in which
the law is a mechanism for controlling
dissatisfied, have-not members of society while
wealthy maintain their position or power. That is
why crimes that are the province of the wealthy,
such as illegal corporate activities are sanctioned
much more leniently than those, such as
robbery, that are considered lower class
activities.
Marxist Theory

In Marxist theory, the term “class” does not refer

to an attribute or characteristics of a person or a
group; rather it denotes position in relation to
others. Thus, it is not necessary to have a particular
amount of wealth or prestige to be a member of the
capitalist class; it is more important to have the
power to exploit others economically, legally. and
socially. The political and economic philosophy of
the dominant class influences all aspects of life.
Consciously or unconsciously, artists, writers, and
teachers bend their work to the whims of the
capitalist system. Thus, the economic system
controls all facets of human life. Consequently,
people’s lives revolve around the means of
production.
Developmental Theory

Developmental theory seems to fall into two distinct groups;

latent trait theory and life course theory. Latent trait theory holds
that criminal behavior is controlled by a “master trait,” present at
birth or soon after, that remains stable and unchanging throughout a
person’s lifetime. In contrast, life course theory views criminality as
dynamic process, influenced by individual characteristics as well as
social experiences.

1. Latent Trait Theory

Suspected latent traits include defective intelligence, impulsive

personality, genetic abnormalities, the physical chemical functioning
of the brain, and environmental influences on brain function such as
drugs, chemicals, and injuries. Those who carry one these latent traits
are in danger of becoming career criminals; those persons who lack
the traits have a much lower risk. Latent traits affect the behavioral
choices of all people equally, regardless of their gender and personal
characteristics.
2. Life Course Theory

According to life course theory, even as toddlers,

people begin relationship and behavior that will
determine their adult life course. At first they must
learn to conform to social rules and function
effectively in society. Later they are expected to
begin to think about careers, leave their parental
homes, find permanent relationships and eventually
marry and begin their own families. These
transitions are expected to take in place in order,
beginning with finishing school, then entering the
workforce, getting married, and having children.
Early Crime Control Mechanisms

A number of early crime control theories

tended to concentrate on psychological
controls, giving particular importance to
interpersonal relationships, especially those of
family, close friends, or peer groups. Control
theories that have a more sociological view
would also add things such as race and sex
divisions, as well as giving more attention to the
institutional control agents.
1. Family

In the more modern, post-positivist control theories, the

relationships within a family are seen as dynamic, and
therefore their effects on criminality may alter. This factor may
help to explain the differential criminal involvement at
different ages and stages of development. Generally, one
would expect the ties to be stronger at very young ages when
the child is most dependents upon its parents and when it is
least likely to question them.

2. School

Often, the willingness to submit to, or become attached to,

the authority of school may be strongly affected by the
perceive utility of the school. If the individual views the school
as being instrumental to their career or success, they are more
likely to invest time in school activities.
3. Peer Groups

The adult effects of peer groups also enter other

areas of the work environment. In some jobs certain
violations against the employer may be seen as a
perk of the job. In offices, colleagues generally
accept that local telephone call are acceptable on
the employer’s phone bill as is use of the internet for
shopping etc., unless they are officially banned. In
some labor jobs certain items may be fair game and
the employer actually include their loss in any
estimate submitted. In adult peer groups a well as
youth peer groups, especially in work, certain
activities might be acceptable, and in some cases,
actually encouraged.
4. Ethnic Origin

A further element which is likely to play a part in

the ethnic origin differentials in crime committal is
ethnic origin prejudice. Prejudice in the general
population makes it harder for these groups to
secure good employment, especially in times of
inflation. This may lead to feelings of rejection,
anomie, lost of self-esteem, low status, poverty,
lack of autonomy, and insecurity both of person and
property. The last is exacerbated by the conviction
of many minorities, whether warranted or not, that
the police are less than zealous in dealing with
indigenous motivated attacks by advantaged to
disadvantaged. All these lessen the strength of
many of the control mechanisms of society.
Crime Control Agents

The Criminal Justice System (CJS) is a composite

of a number of the main institutions of means of
social control. The ones which will receive
consideration here are the police and punishment,
but others such as prisons and other government
agencies could have been added. It is worth noting
that, on top of the government control agencies
there are unofficial control agencies such as Private
Security Agencies (PSA), and other private entities.
It would be interesting to question where these
agencies get their legitimation as crime control
agents.
1. Police

The police are one of the last and most drastic

elements of social control. They will only be
required to intervene to control social behavior if
other, less severe and less formal agents of social
control have failed. They are intended as an
objective and rational legal authority whose
function is to control those who are a threat to
society and to other people. They are seen as
necessary because any control system has to have
sanctions in order for it to function. In the case of
the criminal justice system, the sanction is
punishment.
2. Punishment

In classical criminology, it was thought that a

system of punishments set to fit the crime
would, through fear, prevent crime. It is
generally assumed that this model entails
universally harsh punishments. This is not strictly
necessary to the theory; all it logically requires is
proportionality of sentences for the crime
committed. In practice, however, punishments
bases on this viewpoint tend to be fairly harsh,
both to dissuade the potential offender, and to
ensure that the law-abiding individual has not
lost out to the criminal.
3. Diversion

One of the quickest-spreading control factors

has arises out of the process of diversion. Diversion
is now an enormous industry and it occurs at all
levels of the Criminal Justice System (CJS). Before a
court appearance it takes two forms, i.e., first—the
police or other primary law enforcement agency can
unofficially divert individuals away from the full
rigors of the CJS by cautioning them or, in the case
of children and young people, using reprimands and
warnings, and secondly--the prosecution may
decide not to prosecute, or agree to prosecute for a
lesser crime to which the individual is willing to
plead guilty.
 CONCEPTS OF CRIME

Crime is not just an emotional issue capable of

being discussed by everybody. It is also a
technical subject, a legal construct developed
over the centuries by monarchs, courts, and
legal scholars. In addition, it is a concepts
developed and still being refined by social and
behavioral scientists.
 Why It Is Really Hard to Define Crime?

Some people regard the definitional problem as the most

important task in criminology. Here's a list of some of the most
common definitional approaches:

1. Legalistic

In this view, crime is defined as behavior that violates the

criminal code. Although this isn't suitable for criminologists of
the criminal law, it's by far the most common approach in
criminology, and it makes the field inherently conservative. It's
associated with the arguments made in 1947 by Paul Tappan
who was responding to a challenge thrown down by the
famous philosopher Mortimer Adler. The legalistic approach in
criminology believes in the same principles of criminal law--
culpability or criminal intent, mala in se versus mala prohibita,
and responsibility or justifications and excuses.
2. Conduct Norms

In this view, popularized by a 1938 book

written by Thorstein Sellin, crime is just one
form of conduct norm violations. Every group
one belongs to, regardless of political
boundaries, regardless of embodiment in law,
has conduct norms. Norms are the unspoken
rules of right and wrong that are contained in
custom, tradition, ethics, religion, family, and
other social institutions. The importance of the
Sellin definition is that it frees criminologists as
scientists to define their own subject matter.
3. Social Harm

This view is most closely associated with

Sutherland's interests in white collar crime although
there are other influences. To Sutherland, it is clearly
unfair that white collar criminals get off with civil fines
rather than criminal punishments. Corporations that
pollute the environment have to pay a million dollar
penalty while someone who shares a marijuana
cigarette with a friend gets 6 years in prison for
trafficking. Criminologists adhering to this sense of
unfairness tend to believe that crime is any socially
harmful act or analogous social injury, whether legally
permissible or not. In this view, crime includes untimely
death, illness or disease, deprivation of food, shelter,
clothing, medical care, racism, sexism, and tobacco, etc.
4. Human Rights Violation

This view is most closely associated with the arguments made by

Herman and Julia Schwendinger--1975, although there are other
influences. For the Schwendingers, not only anything that causes
social injury is crime, but also anything that thwarts the right to a
dignified human existence. The concept of human rights has the
advantage of cutting across cultures and over time.

5. Deviance and Social Control

The view that crime is deviance, or norm-violating behavior is

associated most with sociological criminology. The norms can
originated from any source; religion, political belief, etiquette,
fashion, or criminal law. In fact, deviance occurs whenever there is
stigmatization, isolation, rejection, segregation, punishment,
treatment, or rehabilitation. Social control can be coercive,
normative, or an exchange solution. Not all deviant acts are
criminal. Deviance is in the eye of the beholder. Law is but one form
of social control, a coercive, governmental solution.
6. Social Problem

As almost any college student who has taken a

social problems class knows, crime is but one of
many enduring conditions that seems to have
always been there and show no signs of going away.
The social problems approach tries to avoid
"reductionism", or explaining crime by virtue of any
one explanation, biological, psychological, or even
sociological. It tends to look at the social meanings,
or collective definitions, of crime. It therefore
closely studies things like media polls or public
opinion. Media portrayals, images of crime, and the
measurement of crime are serious concerns to
social problems specialists, although they wouldn't
call themselves specialists because they are anti-
specialists, among other things.
7. Sin or Evil

Few scholars do, but there are some similarities between

theology and criminology worth noting. One of these is theodicy
which has many similarities to a social harm approach. Another is the
similarity between criminal intent and evil mind. Although the
Gluecks, among others, pretty much pointed out the futility of the
evil cause evil fallacy, the fact remains that the law imputes a certain
amount of blameworthiness that resembles the imputation of
evil. There are other similarities we need not go into. It's not really an
important area of study in criminology.

8. Chaos

To the best of understanding, there are things called oscillators

and attractors, the former referring to what a time-series analysis of
crime rates would look like if plotted on a three-dimensional graph,
the latter referring to laws or social control mechanisms that produce
nonlinear effects indicating more or less steady states of chaos.
Ingredients of Crime

In order to qualify as a crime, must meet seven requirements, as follows:

1. Actus Reus

Law scholars have long agreed that one fundamental ingredient of

every crime is a human act, In this context, what is an “act?” Before any
human behavior can qualify as an act, there must be a conscious interaction
between mind and body, a physical movement that results from the
determination or effort of the actor.

2. Legality Requirement

This formula gives the impression that the law is based on the “free
will,” the idea that people are accountable only if they freely choose to do a
thing and then consciously do it. But scientists and lawyers have yet to
discover an individual who is completely free to make choices. Majority had
been molded by factors beyond control, and the choices are to some extent
conditioned by external factors and forces beyond control, that the law will
consider behavior irrational and beyond the reach.
 3. Harm Requirement

Every crime has been created to prevent something

bad. Murder is prohibited because the society wants
people not to be killed. Arson and theft are prohibited
because the society don not wants people to be
deprived of their property. These detrimental
consequences that are trying to avoid is called harm. In
the specified harm has not been created by the
defendant’s act, the crime is not complete.
4. Causation Requirement

Causation requires that the actor achieve the result

through his or her own effort. The causation
requirement holds that a crime is not complete unless
the actor’s conduct necessarily caused the harm without
interference by somebody else, and that is the
proximate cause of the act.
5. Mens Rea Requirement

Every crime according to tradition requires mens

rea, a “guilty mind.” Strict liability is an exception to
the mens rea requirement. There is a class of
offense for which legislature or courts require no
showing of criminal intent or mens rea. For these
offenses, the fact that the actor makes an innocent
mistake and proceeds in good faith does not affect
criminal liability. Such offenses are called strict-
liability offenses, as they crept into the law. Most of
them involve conduct subject to regulation, conduct
that threatens the public welfare as a whole.
Typically these offenses are subject to minimum
penalties only, but in few cases substantial
punishments can be and have been imposed.
6. Concurrence Requirement

The concurrence requirement states that the criminal act

must be accompanied by an equally criminal mind. The law has
created many exceptions to the concurrence requirement, one
of which, the felony murder rule.

7. Punishment Requirement

The last ingredient needed to constitute a crime is that of

punishment. An illegal act coupled with an evil mind sill does
not constitute a crime unless the law subjects it to a
punishment. The punishment requirement, more than any of
the others, helps differentiate between crime and civil wrongs
for which the law does not prescribed punishment but merely
grant the injured party the right to recover damages.
 PSYCHOLOGY OF CRIME

Psychology is usually used to mean the study

of people’s mind or spirit. More specifically,
psychology is the study of individual
characteristics or qualities such as personality,
reasoning, thought, intelligence, learning,
perception, imagination, memory and creativity.
Constituents of Personality

Freud split the personality into three parts—

the id, the ego, and the super-ego. The id is an
unconscious area of the mind; it is the most
primitive portion of the personality from which
the other two are derived. It is made up of all the
basic biological urges—to eat, drink, excrete, to
be warm and comfortable, and to obtain sexual
pleasure. It is driven by desire; it is illogical and
amoral, and seeks only absolute pleasure at
whatever cost.
 It characterizes the un-socialized and un-
restrained individual, and it drives need immediate
gratification and had no conception of reality. It is
the part of the personality with which one is born. It
holds all the desires, even the society considers
wrong or bad, and to that extent Freud says it needs
to be repressed. The repression or control of the id is
carried out by the ego and the super-ego.

The super-ego is largely a part of the

unconscious personality. It may contain conscious in
its operation. It is the conscience which exists in the
unconscious area of the mind. The super-ego
characterizes the fully socialized and conforming
members of society.
Balancing the Id, Ego and Super Ego

The balance between desire and repression is kept

by the ego, and in most people the desire of the id are
shaped so that they are acceptable to the super-ego
while still satisfying the id. This is often done by
sublimation or displacement.

The balance does not come from total repression of

the id, but rather from channeling those desires into
more useful activities which are acceptable to the super-
ego. In this way both the id and super-ego are satisfied.
Psychoanalysts therefore argue that criminals are those
who have not channeled their desires into useful, or at
least harmless, pastimes. The id remains uncontrolled,
and so the desires are allowed to take over and may give
rise to socially unacceptable acts, some of which may be
criminal.
 Normal Criminal Personality

The line between normality and abnormality

is impossible to draw exactly. It is usually
negatively described as the state of mind or
personality that cannot be classified as having
mental abnormality, i.e., which cannot be
classed as mentally defective, psychopathic,
neurotic, psychotic, or compulsive. The mere
fact that something is numerically common
does not make it normal, and similarly the bare
fact that something is uncommon does not
make it abnormal.
Explaining and Predicting Violent Crimes

Psychoanalysts have, indeed, used a number of different

approaches and theories to predict violent behavior, as follows:

1. Instinct Theory

Instinct theory assumes there is an inner force which

desired aggression and violence. Freud called it the death force
of Thanatos. The life instinct, Eros, and Thanatos are in conflict
and the aggression needs to be allowed to vent itself. Usually
this is possible through acceptable means, but if the force is not
socially dissipated it will come out in the form of violence,
either directed to other others or at oneself. But however
interesting; these ideas are impossible either to prove or
disprove, which limits their contribution to understanding in
the area of criminology, and gives them little practical value.
 2. Drive Theory

Drive theory also assumes that there is an inner

force which desires aggression and violence, but in
drive theory the inner force is acquired through
experience, and it is not innate. The general
argument is that each type of behavior is motivated
by drive, and as the drive increases above the
normal levels, the individual takes action to reduce
it. In the case of violence, the basic assertion is that
when individuals are prevented from getting what
they want, they become frustrated. This frustration
leads to aggressive or violent behavior, which may
be aimed at the obstruction to their desire or may
be used on other targets.

3. Personality and Violence

There are a number of different ideas about

personality and violence. The first claim, is that
people with psychopathic tendencies, sometimes
known as sociopaths or anti-social personalities, are
more likely than other to commit frequent acts of
violence; and the second claim, is that violence
occurs when the push towards violence, which
usually arises through anger, is stronger that
individual’s ability to control it. It is unlikely that any
method used to predict dangerousness is very
accurate, and this must call into question the use of
this concept in the criminal justice system.
4. Macho Personality and Dangerousness

The final personality difference which is in

recent years has been closely related to violence,
and therefore possibly to dangerousness, is the
macho personality as measured by the
Hypermasculinity Inventory. The macho personality
views violence as manly, danger as intrinsically
exciting, callous sexual activity aimed at women as
acceptable, and interprets being tough as a form of
self-control. This personality is connected with
inter-male violence, callousness, violence and
sexual attacks on women, gang violence, and abuse
of children.
5. Risk, Mental Disorder and Dangerousness

Ina recent study, it was concluded that there

were five central factors to an assessment of risk
of dangerousness. The factors are, i.e., the level
and type of social support available to the
persons; how impulsive the individual is;
reactions, such as anger, to provocations; the
level of ability to empathize with others; and
nature of any delusions and hallucinations.
6. Hare Psychopathy Checklist or PCL-R

This tries to isolate an anti-social personality

disorder, or sever personality disorder, without
reference to criminal behavior. It is this type of test
that is most likely to be used in the assessment
under the government’s new proposals if they ever
become law. The test delivers a numerical score
which has an attractive simplicity, given the current
obsessions with league table for everything. A major
problem is that there is no precise score at which
the disorder kicks in. As with all other mental
problems, the diagnosis is continuum.
7. Q-Sort and Multiple Test

The Q-Sort test was aimed to get round the

subjective problems noted in the previous test. The
clinician has to score a person on a scale of 1 to 7 for
each 200 questions on issues such as “tendency to
act impulsively.” It may prove promising in the
future but there are still problems with subjective
and uncomplimentary assessments. Assessments
are made by nurse and social workers as well as
doctors and there are often a number of problems
found in one patient. Thus severe personality
disorder may be present with other psychotic
illnesses.
 CRIMINAL PSYCHOLOGY

Criminological psychology is the application

of psychological principles to criminal activity,
especially criminal behavior and its effect on
crime prevention, risk assessment and the
criminal justice system. Criminal psychology has,
in recent years, certainly been hyped as an all
seeing discipline which can solve the vagaries of
crime, especially those related to murder with
special emphasis on the serial killers.
Definition

The term psychology comes from two Greek words:

psyche, which means “soul,” and logos, “the study
of.” These root words were first combined in the
16th century, at a time when the human soul, spirit,
or mind was seen as distinct from the body.

The most common definition of criminal

psychology is "the branch of psychology which
investigates the psychology of crime with particular
reference to the personality factors of the
criminal." However, pointed out, recent years have
seen a movement away from a focus on personality
factors and more of a move toward
"developmental" factors.
Moffit Developmental Theory of Crime

The theory states that two groups of antisocial

youth can be distinguished based on their ages
of onset and trajectories of conduct
problems. These two groups differ enough to
require separate causal explanations. Not only
does this limit their chances for "getting ahead"
on the basis of normal, lasting relationships, but
their poor interpersonal or social skills are
combined with three other prominent features,
as follows:
1.Attention Deficit/Hyphyperactivity Disorder

Attention deficit/hyperactivity disorder (ADHD),

refers to a complex set of behaviors
characterized by three central features, i.e.,
excessive motor activity, impulsivity, and
inattention. ADHS should not be confused with
ODD which has the following cluster of
symptoms, i.e., arguing with adults, refusing
adults' requests, deliberately trying to annoy
others, blaming others for mistakes, and being
spiteful or vindictive.
2. Conduct Problem

Conduct problems refer to the variety of

symptoms found in the diagnostic category of
Conduct Disorder (CD), and among delinquent
youth, these are usually "co-occurring
psychopathologies" that exist between one or
more of these symptoms and ADHD
symptoms. In fact report on research indicating
that as many as 50% of disruptive children
exhibit having the symptoms of CD half the time
and the symptoms of ADHD the other half of the
time.
3. Below Average Intelligence

Below-average intelligence or low IQ refers to a

lower cognitive ability and slow language
development that, at times, is called by other
names, such as "neuropsychological
dysfunction" or impairment of "executive
functioning." Low IQ is strongly associated with
an early age of onset for Conduct Disorder (CD)
and has a relationship to delinquency which
holds even when socioeconomic status (SES) is
controlled for.
4. Anti-Social Personality and Psychopathy

Psychologists sometimes use the term "anti-

social personality disorder" as equivalent to the
term "psychopath," but the two terms are very
different. A psychopath may have no history of
serious antisocial behavior, and may or may not
engage in criminal behavior. An antisocial
personality is almost always going to be in
trouble with the law, and this adult disorder is
likely to have begun with a childhood pattern of
disregard for the rights of others.
What is Psychopathy?

It is important to note that psychopathy does

not necessarily involve any impairment of the
reasoning facilities, and psychopaths may be
aware of their actions and have a normal
interest in themselves and their surroundings.
The term psychopathy virtually defies definition
which perceived as a personality defect,
although it has more validity when seen as
mental incapacity.
Psychopathy is a severe personality disorder, and
is often considered to be potentially extremely
dangerous. It is also considered a persistent
personality or disability of the mind . . . which
results in abnormally aggressive or seriously
irresponsible conduct on the part of the person
concerned.
Psychopathy and Criminality

What are the connections between psychopathy and

criminality? A common view is that the two are synonymous. It
is suggested that more people are said to have mental
problems merely because they are unable to understands their
criminality and therefore unable to decide how to punish them.
In such cases it is argued that psychology is being used to
control people whose criminality is perceived as irrational and
therefore as more dangerous.

The label “psychopath” is even more likely to be attached

to those who will not respond to punishment or treatment. It is
possible that mild personality disorders showing slightly
increased psychopathic tendencies may explain a fair amount
of both criminality and recidivism, but there is a difference
between these and true psychopathic disorders.
First, the true personality is unlikely to have
planned the crime and is less likely to gain from
it; in fact they may well lose. The crime may
arise out of wild and inexplicable mood change,
and there is often no clear design. If
psychopaths are indulged in sexual offenses or
violence, there may be no pattern. The offenses
are committed at whim and other types of
offenses may be committed in the interim.
CRIMINAL JUSTICE
SYSTEM
Introduction

In a democratic society, the anti-crime

machinery for preventing and controlling crime
is the Criminal Justice System (CJS). It is wielded
in an arena whose boundaries and “rules of
warfare” are delineated and prescribed by the
constitution and legal parameters. Being a part
of the CJS and bound by the said legal
parameters, it is equally imperative to explore
and be familiar on it.
Early Origins of the Criminal Justice System

It may be presumed that there were “laws,” or,

more accurately, order promulgated by ranking
chieftains for in any community, no matter how
primitive, “laws” or “orders” were promulgated by
the chieftains or council of elders. It has been
alleged that about 1433 A.D., the third chief of
Panay, Datu Kalantiyaw, probably a descendant of
Datu Sumakwel, issued orders for the guidance of
his people. The Code of Kalantiyaw is a disputed
document but its contents may be of some interest
to the readers. The other one is the Maragtas Code,
1250 A.D. These codes are proof of the existence of
justice system among ancient Filipinos.
The administration of justice during the establishment
of Malolos Republic was outlined in a
supplementary decree issued on June 20, 1898
because of the complex problems connected with
the establishment of courts. The decree provided
that the Spanish Penal Code, when not in contrary
to the decree of the government was to remain in
force for the time being. The town chief was
automatically the judge of the town. In criminal
cases, the judge was enjoined, after the conclusion
of his investigation of a certain case, to send the
accused and the pertinent papers to the Provincial
Council, which in turn appointed a judge to examine
the proceedings.
 What is Criminal Justice System?

Criminal Justice System (CJS) refers to the

agencies of government charged with the enforcing
law, prosecuting crimes, convicting or acquitting
criminals, correcting criminal standards, and
provides assistance to the reformed criminals in
returning to normalcy of life in the community. The
CJS is essentially an instrument of social control.
This is owing to the fact that society considers some
behaviors so dangerous and destructive that either
strictly controls their occurrence or outlaws them
outright. The CJS has five pillars, namely: police,
prosecution, courts, corrections, and community.
 Entry Into the Criminal Justice System

In the entry stage, three kinds of decisions are

made, as follows:

1. Decisions by Victims

Intake into the criminal justice system begins

when a crime becomes known to the police. Victim’s
decisions to invoke the criminal justice process by a
report to the police are related to the seriousness of
the crime, the victim’s attitude toward the police,
the gender of the victim, and other assorted factors.
2. Decisions by the Police

Once information about a possible crime has

come to the attention of the police, a decision
has to be made about whether or not to
investigate the case to determine if a crime has
been committed and who committed it. The
police cannot possibly investigate every
complaint. Under the pressure of heavy
caseloads, the police give priority to the
investigation of major crimes.
3. Legal Criteria

What legal criteria determine when and

whether a suspect can be taken into the criminal
justice system? When may the system do
something to or about a suspect? There are legal
criteria for processing a suspect from one phase
to the next in the criminal justice system
process. The Constitution, as interpreted by the
Supreme Court, provides some of these criteria.
Stages of the Criminal Justice System

Every criminal case may potentially flow

through all the five phases, though most do not,
as follows:

1. In the first phase, called entry into the

system, citizens bring criminal events to the
attention of the police. The police, by
investigating the cases and identifying the
suspect, play a crucial role. The judiciary
participates by issuing search and arrest
warrants.
 2. The second phase, prosecution and pre-
trial services is dominated by government lawyers
called prosecutors, who prepare the charges; which
indict defendants; and judges, who conduct a series
of hearings, including initial appearance of an
arrested person at court and a preliminary hearing.

3. The third phase, adjudication, begins with

the arraignment, at which the officially accused
person pleads to the information filed against him
or her, and ends with a judgment of guilty or not
guilty. This phase is conducted by a judge. The
prosecutor, representing the state and the people,
and the defense lawyer play the most active roles in
this phase.
 4. The fourth phase consists of sentencing
and sanctions. The judges impose the sentences,
usually after hearing a pre-sentence investigation
report prepared by a probation officer. Prosecutors,
defense lawyers, and defendants have their say, and
in most countries, the victim as well.

5. The fifth and final phase, corrections, is in

the hands of executive branch of government,
wherein the Bureau of Corrections (BuCor) executes
the sentence imposed by the court. When called
upon to do so, however, courts play a considerable
role in ensuring compliance with law in correctional
phase.
Process of the Criminal Justice System

A comprehensive view of the processing of a

criminal offender would contain the following:

1. Initial Contact

The initial contact an offender has with the

justice system is usually with the police. Police
officers may observe a criminal act during their
patrol. They may also find out about a crime
through a citizen or victim complaint. Similarly, an
informer can alert them about criminal activity in
return for financial or other consideration.
2. Investigation

Once a crime is recognized, police officers conduct an investigation to

gather sufficient facts or evidence, to identify the perpetrator, justify an
arrest, and bring the offender to trial.

3. Arrest

An arrest occurs when the police take a person into custody for
allegedly committing a criminal act. The police officer is not required to use
the word “arrest” or any similar word to initiate an arrest, nor does the officer
first have to bring the suspect to the police station.

4. Custody

After arrest, the suspect remains in police custody. The person may be
taken to the police station to be fingerprinted and photographed and to have
personal information recorded—a procedure popularly known as booking.
5. Complaint

If sufficient evidence is gathered, the police will turn the case to the
prosecutor’s office. A decision will then be made whether to file complaint or
information with the court having jurisdiction over the case.

6. Pre-Trial

In the remaining stages, the prosecutor will file a charging document,

called information before the proper court. A pre-trial conference or
probable cause hearing is then held to determine if there is sufficient
evidence to warrant a trial.

7. Arraignment

At an arraignment, the accused defendant is brought for the first time

before the court that will actually try the case. Here the accused is told the
formal charges being brought against him or her, informed of his or her
constitutional rights, has bail considered, and has the trial date set.
8. Bail or Detention

If the bail decision has not been considered previously, it is evaluated at

arraignment. Bail is a security bond, the amount of which is set by judicial authority; it
is intended to ensure the presence of suspects a trial while allowing them their
freedom.

9. Plea Bargaining

After arraignment, it is common for the prosecutor to meet with the defendant
and his or her attorney to discuss a possible guilty plea arrangement. If a bargain can
be struck, the accused pleads guilty as charged, thus ending the criminal trial process.

10. Adjudication

If a plea bargain cannot be arranged, a criminal trial takes place. This involves a
full-scale inquiry into the facts of the case before a judge. The defendant can be found
guilty or not guilty.
11. Disposition

After a criminal trial, a defendant who is found guilty as charge is

sentenced by the presiding judge. Disposition usually involves a fine,
a term of community service, a period of incarceration in penal
institution, or some combination of these penalties.

12. Appeal

After the conviction, if the defendant believes he or she was not

treated fairly by the justice system, the individual may appeal the
conviction. An appellate court reviews trial procedures to determine
whether an error was made.
13. Treatment

Offenders who are found guilty and are formally

sentenced come under the jurisdiction of correctional
authorities. They may serve a term of community
service under control of a probation officer, they may
have a term in a community service, or they may be
incarcerated in a large penal institution.

14. Release

At the end of the correctional sentence, the

offender is released into the community. Most
incarcerated offenders are granted parole before the
expiration of the maximum term and therefore finish
they prison sentences in the community service under
the supervision of parole officer.
15. Post-Release

After termination of correctional treatment, the

offender must successfully return to the
community. The offender may be asked to spend
some time in a community correctional center,
which acts as bridge between a secure
treatment facility and absolute freedom.
Characteristics of the Criminal Justice System

Two important characteristics are important to

an understanding of the CJS are as follows:

1. System Effect

The CJS is both a system and process. The

system aspect is important but it is often
overlooked. What happens at one stage may have a
significant effect on what happens at other stage or
at other component. One way in which the system
interrelated can be seen in the use of probation and
parole.
2. Element of Discretion

In CJS, wide discretion is permitted. It is not

possible to anticipate all the facts that might be
involved in all decision making opportunities.
For example, the police do not have sufficient
personnel to enforce all laws at all times. Total
enforcement is probably also unwise, for there
may be extenuating circumstances that justify
not enforcing some laws.
 Models of Criminal Justice System

The following sections briefly discussed the

most important models of criminal justice
system.
1. Crime Control Model

Crime control advocates attribute recent

reductions in the crime rate to a “get tough”
attitude toward crime, which has resulted in the
mandatory punishments and expanding prison
populations.
2. Justice Model

People who believe in the justice model are most

concerned about the presence of unequal treatment
in the justice system. Justice model advocates also
are concerned with unfairness in the system, such
as discrimination, and unequal treatment before the
law.

3. Due Process Model

This requires practices such as strict scrutiny of

police search and interrogation procedures, the
presence of legal counsel at all stages of process,
review of sentencing, and of prisoner’s rights.
4. Rehabilitation Model

The rehabilitation model embraces the notion

that, given proper care and treatment, criminals can
be changed into productive, law-abiding citizens.
People commit crimes because they themselves are
the victims of social injustice, and discrimination.

5. Non-Intervention Model

Non-interventionists believe that, whenever

possible, justice agencies should limit their
involvement with criminal defendants. Regardless
of whether intervention is designed to punish of
treat people, the ultimate effect of it is harmful.
6. Restorative Model

A number of liberal and left-oriented scholars

have devised the concept of restorative justice.
They believe the true purpose of the criminal
justice system is to promote a peaceful, just
society; they advocate peacemaking, not
punishment.
 THE POLICE PILLAR

The police pillar is the gatekeepers of the criminal

justice system process. They initiate contact with
law violators and decide whether to formally arrest
them and start their journey through the system,
settle the issue informally, or simply take no action
at all. The strategic position of the law enforcement
officers, their visibility and contact with the public,
and their use of weapons and arrest power have
kept them in the forefront of public thought for
most of the twentieth century.
 Early Origins of the Police Pillar

The police under the local setting primitively

evolved from the practice of the different tribes to
select able-bodied young men to protect the people
from the assault of the rival tribe, and to maintain
peace and order within the village. This primitive
evolution of policing system still exists in the local
setting until pre-Spanish time. By the coming of the
Spaniards, who ruled the country, using sword after
the cross for more than three centuries, the
country’s police system started. After the Spanish
Era ends, another master begin, the Americans
came to our country not to help the force of the
then Philippine Army, but to conquer and rule the
Philippine Republic.
 Functions of the Police Pillar

Police functions may be categorized as, i.e., law

enforcement, order maintenance, and social
services.
1. Law Enforcement

Police are empowered to stop, question, detain,

and arrest people who violate the law. Their law
enforcement powers range from stopping traffic
violators to apprehending persons suspected of
committing serious crimes and that apprehension
may legally the use of deadly force. Police also
investigate crimes and collect and preserve
evidence for criminal trials.
2. Order Maintenance

Order maintenance is defined as the “management of

conflict situations to bring about consensual resolution.” Order
means the “absence of disorder and disorder is meant behavior
that either disturbs of threatens to disturb the public peace or
that involves face-to-face conflict among two or more
persons.” An example would be a domestic dispute.

3. Preventive Patrol

Preventive patrol entails police officers’ visible presence on

the streets and public places of their area of responsibilities.
The purpose of patrol is to deter crime, maintain order, enforce
laws, and aid in service functions, such as emergency medical
care. In early police forces, foot patrol was almost exclusively
used.
4. Crime Investigation

The prominent role of the police is investigation and crime

detection. The investigators and/or detectives have been a
figure of great romantic appeal since the first independent
police bureau was established by London Metropolitan Police
in 1841. The investigators have been portrayed as the elite of
the police force in films and television shows.

5. Community Service

The police also engage in a variety of community service

functions. People who do not know how to solve a problem
might call the police for help. But although many community
service functions are important because of their relationship to
crime control and police-community relations, it should not be
expected that the police has to engage in service not related to
law enforcement.
 Police Pillar Crime Control Decisions

Every police enforcement decision is a complex

and controversial as any criminal justice issue, yet
effective policing is clearly necessary to preserve
the social order. In the frontline decisions of the
police, both the society and the democratic
principles are all at stake.

1. Investigating Crimes

The criminal justice process usually begins when

the police suspect that a crime has been committed,
is being committed, or is about to be committed,
and when t3he situation is investigated to verify or
dispel this suspicion.
2. In-Custody Investigation

A suspect is taken into custody for a crime and for certain

violations is fingerprinted and photographed during the
booking procedure. The prisoner is searched, and after
appropriate notification of the right to remain silent and the
right to have a counsel present, interrogated regarding the
offense for which he was arrested.

3. Release from Custody

A short time after arrest, suspects must be taken before

the court for consideration of bail. How short the interval must
be between arrest and this initial appearance depends upon the
law and offense. Most courts require a bail hearing within a
“reasonable time” after arrest, “promptly,” or on or the first
occasion the court is open for business.
 THE PROSECUTION PILLAR

The prosecution pillar is represented by the

fiscals and other state prosecutors of the
Department of Justice (DOJ). After the law
enforcement agencies have solved and investigated
criminal cases, these will now be brought to the
prosecutors for appropriate inquest or other forms
of investigation. The rights of the suspects must
always be respected to ensure that the cases
against them will be prosecuted successfully. The
handling of evidence and other requirements of the
law must be carefully observed in order for the
prosecutors to succeed in their job.
 Early Origins of the Prosecution Pillar

The term fiscal was derived from the Spanish

word fisco which means treasury. Its Latin word
fiscus referred to a “woven basket” which the
ancient Romans used to keep their money.
Eventually, the word applied to the money being
kept in it. Subsequently, the Romans used to
keeð their money. Eventually, the word applied
to money spread of the Roman civilization
dragged this term to the imperial vocabulary,
eventually giving birth to office.
 Toward the twilight of the Spanish regime,
the promoter fiscal, who also came to be known
as abogado fiscal, had become the second man
in the provincial judicial hierarchy known as the
Jusgado de la Instancia or the Courts of the First
Instance. In the late nineteenth century context,
the procuradores, were performing the function
of defense attorney.
 Compositions of the Prosecution Pillar

The prosecution pillar is under the Department

of Justice (DOJ). The DOJ was constituted by the
existing provision Executive Order No. 292,
otherwise known as the Administrative Code of
1987. The DOJ was constituted to “provide the
government with a principal law agency which shall
be both its legal counsel and prosecution arm;
administer the criminal justice system in accordance
with the accepted process thereof consisting of the
investigation of crimes, prosecution of criminal
offenders, and administration of the correctional
system.
 The National Prosecution Service (NPS) came
into being on April 11, 1978 by virtue of Presidential
Decree No. 1275. The NPS is under the supervision
and control of the Department of Justice (DOJ). The
NPS run a nationwide organization consisting of the
different levels of prosecutors tasked to undertake
the investigation and prosecution of cases involving
violations of penal and special laws. Pursuant to
such mandate, certain constituent units in the
Department of Justice (DOC) were created to
undertake the task of prosecution, to wit: the Office
of the Government Corporate Counsel, the Office of
the Chief State Prosecutor, and the Office of the
Solicitor General.
 The National Prosecution Service (NPS)
operates under the supervision and control of
the Department of Justice (DOJ). The NPS is
composed of a Chief State Prosecutor, Assistant
Chief State Prosecutors, City Prosecutors,
Provincial Prosecutors, and State Prosecutors,
Assistant City and Provincial Prosecutors, and
Prosecuting Attorneys.
 The Office of the Chief State Prosecutor is
composed of the following divisions tow wit: Review
and Appeals, Administrative Discipline and
Legislative Affairs, Preliminary Investigation and
Prosecution of Cases, Personnel Development,
Recruitment and Support Services, and Inquest and
Special Concerns Division. Under Department Order
No. 198, dated June 6, 2000, the Chief State
Prosecutor is mandated to “directly act on all
requests for the filing of the petition for certiorari or
appeals with the appellate court relative to the
cases being handled by the National Prosecution
Service (NPS).
 Functions of the Prosecution Pillar

The prosecution pillar which is made up of city,

provincial, state prosecutors, etc, and as such they
have the following powers and functions:

1. Evaluate the police findings referred to

them by the police and other law enforcement
agencies, or other complaints filed directly with
them by individual persons, e.g., private citizens
who are victims, or have knowledge of crimes,
government officers in charge of the enforcement
of the law violated.
2. File corresponding information or criminal
complaints in the proper court on basis of their
evaluation of the proof at hand.

3. Prosecute the alleged offenders in courts, in

the name of the “People of the Philippines.”
 Investigation by the Prosecution Pillar

The procedure embodied in Republic Act No.

5189 which provide a uniform system of preliminary
investigation giving the complainant and
respondent in a preliminary investigation the right
to confront and cross-examine each other and their
witnesses is “time consuming and not conducive to
the expeditious administration of justice. As a
consequence, Presidential Decree No. 77, as
amended by Presidential Decree No. 911 was issued
by former President Ferdinand E. Marcos, which
amended Section 1, Republic Act No. 5189, which
provides for the procedure of the conduct of
preliminary investigation in the following manner:
1. All complaints shall be supported by the verified
affidavits of the complaint and his witnesses
accompanied by supporting documents. The
statements of the complainant and witnesses
shall be sworn to before any fiscal or state
prosecutor or any government officers
authorized to administer oath who would certify
that he or she has personally examined the
affiant and that he or she is satisfied that they
voluntarily executed and understood their
affidavits.
2. If the investigating prosecutor finds no probable
cause to conduct a preliminary investigation he
or she shall dismiss the case based on the
complaint’s affidavit and documents submitted.
If there is probable cause, the respondent shall
be required to submit counter affidavit and
affidavits of his or her witnesses, if any, and
other supporting documents within ten (10) days
from receipt of subpoena. An ex-parte
investigation shall be conducted if respondent
cannot be subpoenaed of fails to appear during
the scheduled hearing despite due notice.
 3. The affidavits of the respondents and
his or her witnesses shall also verified under oath
and furnish the complainant copies of his or her
counter-affidavits and other supporting
evidences.

4. The investigating fiscal shall

immediately file the corresponding information
in court is a prima facie case is established by the
evidence; if not, he or she shall dismiss the case.
The investigating fiscal has the discretion to ask
clarificatory questions to the parties and/or their
witnesses.
5. The investigating fiscal shall resolved the cases
within ten (10) days from its termination and
giving the parties copies of his or her resolution
stating briefly the findings of facts and the law
supporting his action.
 Policies of the Prosecution Pillar

The following may also aid in the understanding of

the criminal justice system.

1. Legal Sufficiency

Some prosecutors believe that if a case is legally

sufficient, they have a responsibility to accept it for
prosecution. But the force of these surface
characteristics may be diminished if the police
accumulated the evidence by unconstitutional
tactics that would be exposed in court. Under this
requirement, cases are initially screened merely for
evidentiary defects before they are given a
preliminary investigation.
2. System Efficiency

System efficiency aims at speedy and early

disposition of cases. If the case did not appear
defective, a prosecutor operating under the
system efficiency policy might charge the
defendant with a felony but agreed to reduce
the charge to a minor offense in exchange for a
guilt-plea. Thus the prosecutor must both screen
out weak case at the intake point and also use
other non-trial alternative to minimize the
number of trials.
3. Trial Sufficiency

Under this system, cases are accepted and

charges made only at the level that can be
sustained in court. This does not means that
prosecutor accepts only sure cases, rather it
means that when the facts are present to sustain
a conviction, every effort is made to secure that
outcome—that is, there is trial sufficiency. This
system requires good police work, a prosecutors
who are experienced in trial work, and—because
plea bargaining can minimized the court
capacity.
 Problems of the Prosecution Pillar

As working institution, the prosecution pillar

has its own share of flaws and problems. Some
of the predicaments had been pointed, to wit:
absence of prescribed guidelines and sufficient
information on the organization, functions,
system and procedures of the National
Prosecution Service (NPS); incompetence of the
procedures due to lack of continuing legal
education; and undue delay due to certain
procedural lapses in the existing rules of
procedure.
 The most glaring problem that affects the
system are as follows, i.e., inadequate staff,
equipment and supplies which cause severe
delay; in-attractive emoluments and benefits
that will attract competent, upright and efficient
lawyers to join the prosecution service; absence
of prosecutor’s academy that would undertake
professional and career development program
of prosecutors; and poor harmony between the
police pillar and other law enforcement
agencies, and the prosecutor’s office.
 THE COURT PILLAR

After the fiscal or prosecutors have done

their inquest or preliminary investigations and a
prima facie evidence has been established
against the suspects, the case is now filed with
the appropriate court of justice. Again, the
involvement of the witnesses and the
investigators here are very important. Without
the presence of witnesses and presentation of
other evidence by the investigation during the
trial, the case cannot be successfully prosecuted.
 Early Origins of the Court Pillar

The Supreme Court as a unique institution with

exclusive power to declare what the constitution is
to review executive and legislative acts is the
Philippines’ permanent legacy from America’s
adventure in empire building in the Pacific. Its birth
as an independent judicial body was on June 11,
1901 with the passage of Act No. 136 by the
Philippine Commission. The court can however trace
its lineage to the audiencia organized during the
Spanish Regime which was later revived by the
American military government on May 29, 1899
under the name of Supreme Court of Manila.
 When the Philippines passed under American
sovereignty in 1908, Marbury Vs. Madison was only
95 years old, but the concept of a judicial body with
the power to review the acts of executive and
judicial legislative acts was deeply rooted in the
American consciousness. American has followed
American flag, and the spirit of Chief of Justice John
Marshall was to be infused in the judiciary of the
Philippines.
Thus on April 4, 1899, President Jacob Gould
Schurman, of Cornell University, Chairman of the
Schurman Commission organized after the Treaty of
Paris proclaimed that a cardinal objective pf the
United States was to “establish a pure, speedy and
effective administration of justice, whereby the evils
of delay, corruption and exploitation will be
effectively eradicated.”
 During Spanish regime, the justice system
operated through the superior courts consisting of
the Audiencia Territorial de Manila, the Audencia de
lo Criminal de Cebu and the Audiencia de lo Criminal
de Cigan, as well as the inferior court consisting of
the court of first instance and justice of the peace
courts.

The Audiencia Territorial Manila was first

organized under the Royal Decree on May 5, 1583,
but for political reasons was abolished by the Royal
Decree of August 9, 1589 by King Philipp II. It was
again reestablished by King Philipp II through the
Royal Decree of November 26, 1595. The new
Audiencia began to function on May 8, 1598 and
continued to exist until the end of the Spanish
regime in 1998.
 Concepts of the Court Pillar

In the “democratic and republican state” the

powers of government are distributed among
the three great branches, i.e., the legislative, the
executive, and the judicial. The legislative power
is vested in the Congress of the Philippines,
which consists of a Senate and House of
Representatives. The executive power is vested
in the President of the Philippines, assisted by
his or her Cabinet. The judicial power is vested in
one Supreme Court and in such lower courts as
may be established by law.
 Judicial power includes the duty of the courts of
justice: 1) to settle actual controversies involving
rights which are legally demandable and
enforceable, and 2) to determine whether or not
there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the
government.

Administration of justice—concretely, and in the

sense the term is used in the definition—involves
two things: 1) the ascertainment or determination
of the relevant facts of a controversy, and 2) the
application of the law to those facts in order to
resolve the controversy.
 The determination of the relevant facts in
accomplished by reception of the—invariably
conflicting, evidence of the parties involved in the
controversy, and its assessment by the judge to discover
what are the facts thereby established.

The application of the law to the facts—thus

established by evidence—connotes, the following: 1) the
ascertainment and confirmation of what the law
provides is light of the facts proved, and 2) the
pronouncement by the judge in accordance therewith of
which the parties is in the right, and what are their
specific rights and responsibilities with respect to each
other. That pronouncement must be made clearly and
definitely, leaving no issue unresolved, in line with the
purpose of court, which is put an end to disputes.
In the sense that “administration of justice” has
just been described, it is substantially the same
as “jurisdiction: of courts. Jurisdiction is defined
as power to try and decide, or hear and
determine a cause. To try of hear a case simply
means to receive evidence from the parties—
including their arguments—according to fixed
rules. To decide or determine a cases means to
resolve the dispute by applying the law to the
facts—established by evidence.
 Basic Court System in the Local Setting

In the local setting, the regular courts

engaged in the administration of justice are
organized into four (4) level or tiers. As thus
organized, they comprise what is referred to as
the Integrated Judicial System.
1. First Level Courts

At the first-lowermost level are the Metropolitan Trial

Courts (MTC), the Municipal Trial Courts in Cities or
Municipalities (MTCC/M), and Municipal Circuit Trial Courts
(MCTC). Metropolitan Trial Courts (MTC) are stationed by
law in cities and municipalities making up the geographical
area known as Metro-Manila. There are Metropolitan Trial
Courts (MTC) of Manila, of Quezon City, of Makati City, of
Valenzuela, of Parañaque, etc. They usually consist of two or
more branches or salas.
In cities outside of Metro-Manila court of the first level are
called Municipal Trial Court in Cities. They also usually
composed of two or more branches. There is a Municipal Trial
Court (MTC) in every municipality, and a Municipal Circuit Trial
Court (MCTC) presides over two or more municipalities
grouped into circuit. Courts of the first level are essentially trial
courts.
 They try and decide only the particular types or classes
specified by law. Criminal actions within their jurisdiction
include those involving violations of city or municipal
ordinances committed within their respective territorial
jurisdiction, and offenses punishable with imprisonment not
exceeding six years, irrespective of the amount of fine and
regardless o other impossible accessory or other penalties,
including the civil liability arising from such offenses or
predicated thereon, irrespective of kind, nature, value or
amount thereof.

Civil actions triable by them include cases of ejectment—

forcible entry and unlawful detainer, recovery of personal
property with a value of not more than P100,000.00 or
P200,000.00 in Metro Manila, exclusive of interest, damages of
whatever kind, attorney’s fee, litigation expenses, and cost, the
amount of which must be specifically alleged, etc.
2. Second Level Courts

As the second level is the Regional Trial Courts (RTC). The

Philippines is divided into thirteen regions: the National Capital
Judicial Region—the Metro Manila Area, and twelve others—
groups of two or more cities and provinces, from Region I in the
North, to Region XIII, in Mindanao, including CAR, ARMM, and
MIMAROPA. In each region, there is a Regional Trial Court
(RTC), composed of several branches.

Like the first level courts, RTC are trial courts. They are
courts of general jurisdiction; they try and decide not only the
particular classes or kinds of cases assigned to them by law, but
also those which—although not so assigned—are not otherwise
within the jurisdiction of courts of the first level—or any
tribunals.
 Among the civil actions assigned to them by law
are those in which the subject of litigation is
incapable of pecuniary estimation, or involving title
to or possession of real property where the assessed
value of the property exceed P20,000.00 or
P50,000.00 in Metro Manila—except actions of
forcible entry and unlawful detainer, or where the
demand, exclusive of interest, damages or whatever
kind, attorney’s fees, litigation expenses, and costs,
or the value of the personal property in controversy
exceeds P100,000.00 or P200,000.00 in Metro
Manila, etc. RTC also exercise appellate jurisdiction,
to review cases appealed from courts of the first
level.
3. Court of Appeals

At the third level is the Court of Appeals. It is

essentially an appellate court—-now a trial
court, reviewing cases appealed to it from
Regional Trial Court. It may review questions of
facts or mixed questions of fact and law. Appeals
to it as regards cases decided by the RTC in the
exercise of original jurisdiction, i.e., tried and
decided before any other court, are matter of
right.
 But appeals with respect to cases decided by
the RTC in the exercise of its appellate
jurisdiction, i.e., cases first tried and decided by
a court of fist level and then appealed to and
decided by the RTC, are a matter of discretion.
Occasionally, the Court of Appeals may act as a
trial court. This, in actions praying of the
annulment of final and executory judgments of
Regional Trial Courts on the grounds of extrinsic
fraud discovered, against which no other
remedy lies.
4. Supreme Court

The Supreme Court is the highest court of the

land. It is a review court. It is the court of last
resort, for no appeal lies from its judgments and
final orders. In the context of the Integrated
Judicial System it exercises appellate jurisdiction
over cases decided by the Court of Appeals or
Regional Trial Courts. As a rule, only question of
law may be raised in appeals to it. Appeals to the
Supreme Court are never a matter of right.
 The only exception is when the penalty of
death, reclusion perpetua, or life imprisonment
has been imposed either by the RTC or the Court
of Appeals; indeed, when the death penalty is
imposed, the case automatically goes up to the
Supreme Court for review, even if the accused
does not appeal. And if nay these three cases—-
where the penalty imposed is death, reclusion
perpetua or life imprisonment, issues of fact,
aside from issues of law, may be raised before
and decided by the Supreme Court.
 Remedies Obtainable from Courts

Most people are also unfamiliar with the range

of remedies which might be sought and
procured from the courts. These remedies are,
for the most part, provided by the Rules of Court
promulgated by the Supreme Court. There
1. Principal Remedies

Principal remedies are those which are

independent, capable of existing alone, needing
and depending in not other remedy to subsist,
e.g., an action to collect a sum of money, or
recover specific property. Enumerated and
discussed hereunder are the principal remedies,
i.e., action and special proceedings:

a. Action
 An action is an ordinary suit in a court of justice
whereby one party prosecutes for the enforcement
or protection of a right or the prevention or redress
of a wrong. Actions are classified into civil and
criminal.
Civil actions, in turn, may be either ordinary, or
special. Special civil actions are designed for special
situations or particular exigencies—and
consequently require different procedural—such as
those seeking the issuance of the extra-ordinary
writs of the court earlier mentioned, e.g., certiorari,
prohibition, mandamus, quo warranto, etc.

b. Special Proceedings
 A special proceedings, on the other hand, is a
remedy other than an action, to establish a
particular fact, or the status or right of a party. For
instance, the judicial settlement of the estate of a
deceased person is intended to establish the fact of
a person’s death, the presence of persons who may
be considered his heirs, the nature and extent of the
decedent’s estate, etc.

The special proceeding of guardianship is

intended to establish the in-competency of an
individual; the special proceeding of land
registrations seeks universal recognition or
confirmation of a person’s ownership of a particular
immovable.
2. Provisional or Auxiliary Remedies

Provisional or auxiliary remedies, such as attachments or

injunctions, are temporary remedies, incapable of existing
without a principal action or proceeding, arising only as an
incident thereof, and addressing merely a particular exigency.

For example, in the course of an action, the defendant tries

to hide his property, or dispose of the same, to prevent its
being found by his creditors, in such an instance, the property
may be seized at attached by the courts on plaintiff’s motion,
as a security for the satisfaction of the judgment that may be
obtained.

Again, if the defendant is destroying a wall or a part of the

house sought to be recovered by plaintiff, on the latter’s
motion, the court may stop the former from doing so by an
injunction.
 Stages in Criminal Proceedings

Equally unfamiliar to most persons are the

events and incidents which take place in a court
case. In contrast to civil cases, in criminal actions
there are two preparatory or prefatory stages,
comes next is the criminal action proper.

1. Police Investigation

The first stage pertains to police activities, i.e.,

the initial investigation of crimes reported to or
discovered by police authorities. These activities
may results in the following:

a. Arrest with Warrant

 At this stage, it is not legally possible for the police to arrest the
suspect and restraint him of his liberty, except of course, if he
voluntary surrenders. As a general rule, no person may be taken into
custody except only by virtue of a warrant of arrest issued by a
competent court.

b. Warrantless Arrest

The only exceptions, i.e., the instances when an arrest without

warrant may be lawfully affected are carefully specified by the Rules
of Court. Such a “warrantless arrest” may be accomplished by a peace
officer or even a private person.

c. Custodial Investigation

Any persons who, while in custody or otherwise deprived of

liberty, is under investigation for the commission of an offense must
be provided by his rights under Section 12, Article of the New
Philippine Constitution of 1987 or the provision of Republic Act No.
7438, entitled, “The rights of the Accused Under Custodial
Investigation.”.
2. Preliminary Investigation

The second prefatory stage is the preliminary

investigation. It is the stages at which the public
prosecutor evaluates the findings of the police to
determine if the prosecution of the suspect in court is
warranted. At the preliminary investigation of a crime
cognizable by the Regional Trial Court, the suspect or
respondents has certain rights. The Rules of Court
defines preliminary investigation as an inquiry or
proceedings for the purpose of determining a well
founded belief that:

a. That a crime cognizable by the Regional Trial Court

has been committed; and

b. That the respondent is probably guilty thereof, and

should be held for trial.
 At the preliminary investigation of a crime cognizable by
the Regional Trial Court, the suspect or respondents has certain
rights. These rights include the following:

a. To have notice of the investigation, and to have a copy of

the complaint, affidavits, and other supporting documents.

b. To submit counter-affidavits and other supporting

documents within ten days from notice;

c. To examine all other evidence submitted by the

complainant; and

d. To be afforded an opportunity to be present at any hearing

at which clarification of certain matters is to be made, submit
questions to the investigating officers for the purpose.
 As regard offenses within the jurisdiction of
Municipal Trial Courts, no preliminary
investigation is required by law. All that the
public prosecutor is required to do is:

a. To examine the complaint and supporting

affidavits;

b. Personally satisfy him or her that the affiants

voluntarily executed and understood their
affidavits, and the suspect has probably
committed the offense charged.

3. Criminal Action Proper

Upon filing of a complaint with the public

prosecutor for preliminary investigation of offenses
under the jurisdiction of Regional Trial Court, a
criminal action is deemed instituted under the law.
So, also, upon the filing of complaint or information
directly with the Municipal Trial Court or Municipal
Circuit Trial Court for trial and judgment as regard
offenses falling under their jurisdiction, a criminal
action is considered as instituted. This involves the
following:

a. Warrant of Arrest
 As above stated, if the preliminary investigation results in the
finding that a crime has indeed been committed and the suspect is
probably guilty thereof, the public prosecutor will file the
corresponding information or criminal complaint in the proper court.
A warrant will issue for the arrest of the accused if the Judge is
satisfied that there is probable cause therefore, based on his
examination of the record and the evidence submitted by the public
prosecutor together with the information or criminal complaint.

b. Arraignment

The first stage of criminal action proper is the arraignment. The

date therefore is scheduled as soon as practicable after the accused
has been arrested. In case the accused is detained, his case is given
preference in the scheduling of the arraignment, pre-trial and trial.

c. Pre-Trial
 As in civil actions, there is pre-trial in criminal
actions. The purpose is the same, i.e., to explore
ways of quickly ending the cases or otherwise
expediting the trial. Unlike in civil actions,
however, a pre-trial is not mandatory in criminal
cases; it may be conducted only by agreement
of the accused and his counsel, without
impairing the rights of the accused.

d. Trial
 The trial follows more or less the same pattern as in civil
actions. The prosecution commences the presentation of
evidence, the accused follows, and the prosecution may
present rebuttal evidence. The parties may also present written
arguments or memoranda after which the case is deemed
submitted for decision. The law secures to every accused
certain rights during the trial. These are:

1) To be presumed innocent until the contrary is

proved beyond reasonable doubt;

2) To be informed of the nature of the accusation

against him;

3) To be present and defend in person and by counsel

at every stage of the proceedings, from the arraignment to the
promulgation of judgment;
 4) To testify as a witness in his behalf but subject to cross-
examination on maters covered by direct examination.

5) To be exempt from being compelled to be a witness against

himself;

6) To confront and cross-examine the witnesses against him at

the trial;

7) To have compulsory process issued to secure the attendance

of witnesses and production of other evidence in his behalf;

8) To have a speedy, impartial and public trial; and

9) To have the right to appeal in all cases allowed and in the

manner prescribed by law.

e. Judgment
 After the case is submitted for direction, judgment shall be
rendered within ninety days. Unlike in civil cases, where the
judgment is promulgated by its delivery by the judge to clerk of
court, who thereafter sends copies to the parties, the judgment
in criminal action is promulgated by reading it to the accused in
open court. This is done on a date and time scheduled by the
Court of which the accused shall have reasonable notice. There
are remedies for the convicted accused:

1) Motion for New Trial or Reconsideration

a) If the Courts acquit the accused because in

its view, he is innocent or his guilt has not been proven beyond
reasonable doubt the case is definitely ended. Appeal by the
prosecution is barred by the principle of double jeopardy.
b) If, on the other hand, the Court convicts the accused
because, it its view, his guilt of the crime charged has
been established beyond reasonable doubt, the latter
may move for new trial or reconsideration. The motion
for reconsideration may be based on error of law or fact
in the judgment.

2) Appeal

In lieu of moving for new trial or

reconsideration or after denial of such a motion, the
convicted accused may appeal to the Court of Appeals
or the Supreme Court within the time fixed by the rules
of law.
f. Execution
If the appeal of the convicted accused is
unsuccessful and his conviction is affirmed, the
case will be remanded to the Court of origin for
the execution of the judgment. At the time thus
appointed, the court will issue an order of
commitment, officially sending the accused to a
penal or correctional institution to serve
sentence imposed on him.
 Other Duties and Powers of the Court Pillar

Adjudication of actions and special proceedings is not; however, the

sole function of the court pillar. It has other important functions, as
follows:

1. Disciplinary Powers

a. Supreme Court

Under the Constitution, the Supreme Court has “administrative

supervision over all courts and the personnel thereof. It has “the
power to discipline judges or lower courts, or order their dismissal by
vote of majority of the members who actually took part in the
deliberation on the issues in the case and voted thereon. The
Supreme Court also has the power to discipline attorneys, and may
disbar or suspend them or impose such penalty as it may deem
proper, for any violation of the Code of Professional Responsibilities.

b. Court of Appeal and Regional Trial Courts

 The CA and RTC, may suspend an attorney
from practice for any of the following acts or
omissions, vis-à-vis, any deceit, malpractice,
gross misconduct in office, grossly immoral
conduct, conviction of a crime involving moral
turpitude, violation of attorney’s oath, willful
disobedience of any lawful order of a superior
court, and corruptly or willfully appearing as an
attorney for a party to a case without authority
so to do. The attorney thus suspended shall not
practice his profession until further actions of
the SC in the premises.
2. Quasi-Legislative or Rule-Making Power

The SC has power, under the Constitution, to

promulgate concerning: the protection and
enforcement of constitutional rights, pleading,
practice and procedure in all courts, the
admission to the practice in law, the integrated
bar and legal assistance to the underprivileged.
Such rules shall be provided a simplified and
inexpensive procedure for the speedy
disposition of case, shall for all courts of the
same grade, and shall not dismissed, increase, or
modify substantive rights.
 Special courts and quasi-judicial bodies have the
same power to promulgate rules governing their
procedure, and such rules shall remain effective
unless disapproved by the SC. Other courts may
also lay down rules applicable to proceedings before
them, or respecting their premises and facilities,
e.g. use of the telephone, off-limit areas, dress
code, etc. Special courts and quasi-judicial bodies
have the same power to promulgate rules governing
their procedure, and such rules shall remain
effective unless disapproved by the SC. Other courts
may also lay down rules applicable to proceedings
before them, or respecting their premises and
facilities, e.g. use of the telephone, off-limit areas,
dress code, etc.
 Special Courts and Quasi-Courts

Aside from the regular courts of justice

constituting the Integrated Judicial System, the
four-level judicial hierarchy, there are, as just
mentioned, special court and so-called quasi-
courts. The special courts are judicial tribunals
exercising limited jurisdictions over particular or
specialized categories of action. They are as
follows, i.e., Court of Tax Appeals, and
Sandiganbayan.
 There are moreover administrative agencies
which although, not courts of justice, are
empowered by the Constitution to statue to
hear and decide certain classes or categories of
cases. They exercise, in other words quasi-
judicial powers; they act like courts and for this
reasons, are commonly referred to as quasi-
courts or quasi-judicial agencies.
 THE CORRECTION PILLAR

Upon conviction of the accused by the courts,

the correctional institution or the prisons will
take into custody of convicts. The prison
authorities will ensure that the convicted
criminals will be attended properly through a
program of reformation that will make prisoners
better citizens later on.
 Early Origins of the Correction Pillar

The basic law on the Philippine Prison System is

found in Revised Administrative Code, otherwise
known as the Prison Law. The said law specifically
referred to Sections 705 to 1751 of the said code. It
was in the year 1847 that the first Bilibid Prison was
constructed and became the central place of
confinement for Filipino prisoners, by virtue of the
Royal Decree of the Spanish Crown. In 1936, the City
of Manila exchanged its Muntinlupa property of 552
hectares with that of the Bureau of Prisons lot in
Manila. This Muntinlupa State was originally
intended as a site for the Boys Trainng School.
Because it is too fat from Manila, the City of Manila
preferred the site of the old Bilibid Prison.
 In 1869, the Spanish authorities saw the need
of establishing one prison separate from Bilibid
for those who fought the established
government. In effect San Ramon Prison and
Penal Farm in Zamboanga has established for
the confinement of political offender. The Iwahig
Penal Colony serve as an institution for
incorrigibles was envisioned by Governor
Forbes, who was then the Secretary of
Commerce and Police. In November 1, 1905, the
Philippine Commission changed the policy by
converting the Penal Colony as an institution for
well behaved prisoners.
 The colony is sub-divided into four sub-colonies,
namely: Sta Lucia Sub-Colony, Inagawan Sub-
Colony, Montible Sub-Colony, and Central Sub-
Colony. It also administers the Tagumpay
settlement. The Davao Penal Colony was
established on January 21, 1932 in accordance with
Act 3722 and Proclamation No. 441 series of 1931.
The first contingent of prisoners that opened the
colony was led by General Paulino Santos, its
founder and the then Director of Prisons. In 1942,
the colony was used as a concentration camp for
American prisoners of war. In August 1946, the
colony was re-established and restore to its former
productive activity by slow construction.
 In 1931, the Correctional Institution for
Women (CIW) was established in Mandaluyong
by authority of Act 3579 which was passed on
November 27, 1929. Later, the need for a female
superintended was created in 1934. This is the
only penal institution for women in the country.
In 1954, there was a tremendous increase in the
prison population in the NBP Proclamation No.
72 dated September 27, 1954 was issued, setting
aside 16,000 hectares of the virgin land in
Sablayan, Occidental Mindoro, for the
establishment of the Sablayan Penal Colony and
Farm.

Approaches to Corrections in the Local Setting

As one of the pillars of the criminal justice

system, the corrections in the local scenario has
two-system based approaches, i.e., one is the
institution- based, and the other is the non-
institution or community-based corrections.
Both systems are being implemented on a
fragmentary basis by the different departments
of the executive branch of the national
government.
 These are the DOJ, which takes care of the
insular or national prisoners, the DILG, which takes
care of the municipal, city and provincial prisoners,
and the DSWD which take care of sentenced youth
offenders. Under the DOJ, the offices that are
tasked to carry out the goals and functions of the
corrections rest with the BuCor, the BPP, and the
PPA. Under the DILG are the BJMP, and the
Provincial Government (PG). The BJMP takes charge
of the city, and municipal jails nationwide, while the
Provincial Jails are operated by the Provincial
Government. The DSWD on the other hand,
operates rehabilitation centers intended for
youthful offenders.
 Goals and Functions of the Correction Pillar

Several functions of corrections have been identified.

1. Retribution

Retribution of revenge is probably the oldest goal of

corrections. It is rooted in the ancient doctrine of lex talionis, or
“an eye for an eye or a tooth for a tooth.” Retribution means
“getting even.”

2. Deterrence

Another goal is deterrence. The rationale underlying

deterrence is that if punishment for a crime is sufficiently
severe, offenders will be deterred from committing that crime.
3. Incapacitation

Isolating criminals from society through confinement or incarceration is the most

direct method of crime prevention. For many offenders, incapacitation is
psychologically painful, and it is seen by the public as a legitimate function.

4. Rehabilitation

Rehabilitation through reformation was officially recognized as a valid and useful

correctional function, wherein the main objective of jails and prisons to be
reformation, not retribution.

5. Reintegration

The reintegration goal of punishment is particularly relevant to offenders who have

been incarcerated for long periods. Prisons life mandates strict adherence to rules
and regulations that are alien to community residents on the “outside.”

6. Control

Another contemporary goal of corrections is to control offenders through intensive

supervision or monitoring. Large numbers of offenders are released into communities
where intensive supervision exist.
 Contemporary Correctional Models

Many correctional programs have been established largely on the

basis of one model or another, as follows:

1. The Medical Model

The medical model assumes that criminal behavior was the results of
psychological or biological conditions that can be treated.

2. The Reform Model

The original mandate of correction’s pillar called for the rehabilitating

prisoners through vocational and educational training, as well as the
traditional individualized psychological counseling that was
associated with the medical model.
3. The Community Model

The community model is a relatively new concept based on the correctional goal of
inmate re-integration into the community. Sometime called the “re-integration
model,” the community model stresses offender adaptation to the community.

4. The Just Deserts Model

The “just deserts” emphasizes equating punishment with severity of the crime. In this
respect, Beccaria’s idea is evident in the development of “just deserts” as a
punishment orientation.

5. The Justice Model

Like the “just deserts,” the justice model rejects rehabilitation as the major objective
of punishment. By the same token, sentencing disparities for offenders convicted of
similar crimes are opposed, as all persons should receive equitable punishment.
 Clients of the Correction Pillar

The following are some of the clients of the correction pillar of the
criminal justice systems:

1. Jail Inmates

Jail inmates are the felons and the misdemeanants, the first-time and
the repeat offenders, the adult and the juveniles, the accused and the
convicted.

2. Female Offenders

The plight of women behind bars is often a difficult one. In terms of

institutions, the male-oriented criminal justice system may totally
ignore the special requirements of the female offenders.
3. Male Offenders

Males have historically and overwhelming predominated in the prison

population. Although the number of females is increasing rapidly, but
still, majority of the total number of inmates are male.
4. Juvenile Delinquents

Institutionalized juveniles, for whatever reasons they are in

institutions, must be provided access to service required for individual
growth and developments.

5. Special Category Offenders

Those unfortunate—-the mentally disordered—used to scorned and

burned, but, in more enlightened times, backwoods fortresses can be
built for them, presumably to protect the society from contagion.
 Contemporary Forms of Corrections

Hereunder are some of the contemporary forms of corrections:

1. Diversion

Diversion is the temporary and conditional suspension of the prosecution of a case prior to its
adjudication, usually as the results of an arrangement between the prosecutor and judge.

2. Probation

Non-diverted criminal cases that are prosecuted results in either convictions or acquittals. Frequently
plea bargaining might yields guilty pleas in exchange for certain prosecutorial concessions.

3. Parole

Parole is the early conditional release of inmates from prison after they serve a portion of the original
sentence.
4. Intermediate Sentence

Intermediate punishments are sanctions ranging

between incarceration and standard probation. The
term may refer to any one of several different
programs designed to closely monitor offender’s
behaviors.

5. Community-Based

It involves the administrative monitoring of

probationers in their own communities, and it is
sometimes termed a community-based corrections
programs.
 Alternative Forms of Corrections

The number of alternative forms of corrections is growing. The

following programs are under way:

1. Work-Release Program

Institutional work release is not intended to be a substitute

for parole, but it can be a valuable tool for correctional
administrator, who must supervises an individual who has
participated in work release.

2. Furlough

Similar with work-release program the furlough extent the

limits of confinement to include unsupervised absence from
the institution. It have been allowed for many years on the
informal basis.
3. Halfway Houses

The search for alternatives to incarceration led to

the development of the “halfway houses,” a place
where the offenders can benefit from work or education
in the free world while residing in the community.

4. Graduated Release

It has been generally recognized that offenders who

serve long sentences in institution suffer culture shock
when they are suddenly returned to the community
form which they originally came. So the offenders have
to re-enter the society on a gradual series of steps.
 THE COMMUNITY PILLAR

After the convict have passed through the

correctional component—either unconditionally,
or by parole—-the criminal offenders will go
back to the community and either lead normal
lives as law abiding citizen in their barangays, or
regrettably, commit other crimes and thus go
back through the same processes and stages of
the criminal justice system.
 Early Origins of the Community Pillar

The community usually refers to a sociological

group in a large place or members of the society
collectively sharing one common environment. The
word community comes from the Latin communis,
meaning "common” and shared by all or many. The
Latin term "communitatus" from which the English
word "community" comes, is comprised of three
elements, "Com" a Latin prefix meaning with or
together, "munis" ultimately, a Proto-Indo-
European in origin, it has been suggested that it
means "the changes or exchanges that link", and
"tatus" a Latin suffix suggesting diminutive, small,
intimate or local.
 Gemeinschaft--often translated as
community is an association in which individuals
are oriented to the large association as much if
not more than to their own self interest.
Community is defined as “any area in which
people with a common culture share common
interest.” The problem with so broad a definition
is that it can be applied to anything from “a rural
places to urban places.” Neighborhood is
defined in terms that echo common definitions
of community, demonstrating that confusion
concerning how these two terms differs persist
today.
 Components of the Community Pillar

The community pillar of the criminal justice system

includes the hereunder components:

1. The Home

The home has well been called “the cradle of

human personality,” for it in the child forms
fundamental attitudes and habits that endure
throughout his life. In fact, the kind of conscience
that a child develops depends largely upon the kind
of parents that he has. There are the persons who
give the child love, attention, guidance, security,
standard, and all the other things the child needs.
2. The School

The school is in a strategic position to prevent crime and

delinquency. This is so because the school exercises authority
over every child who is of school age. It receives the children
when they are young, observes, supervises, and teaches them
for many hours each week during some of their impressionable
years.

3. The Church

It is acknowledge fact that the importance of the church in

the prevention and control of crime is far beyond compare. It is
the church of nay denomination which points out to the faithful
their relationship to god and their fellowmen, and who by work
and examples, lead the community members to live a moral
life.
4. The Government

The government is the duly constituted authority that enforces

the laws of the land and as such it is the most powerful institution as
far as control of the people is concerned. Respect for the government
is influenced by the respect of the public to the people running the
government.

5. The Mass Media

With the modern trends of communications, mass media had

been and are considered the best instruments for information and
dissemination and the best source of knowledge for the public. It is
through the mass media where public opinions are formed and that is
where their influence lies.
6. The Community Agencies

People compose the nation and in order for the

nation to continue its existence, its constituents have to
police themselves, set up rules and regulations for
themselves, guide and educate the inhabitants.

7. The Barangay Officials

According to theory and factual observation, active

community involvement or groups participation can be
best achieved through the barangay and its members,
since it is s a cohesive groups of inhabitants possessing
commitment and performing a well defined and
significant role which can be transformed into effective
and harmonious action for the prevention and control of
crime and delinquency.
Community Pillar as Component of the System

Realizing the need for a more comprehensive

and dynamic approach towards the problem of
crime, current crime prevention programs and
strategies of the government have realigned and
geared towards, i.e., improving the level of
coordination and teamwork among the
interdependent components of the criminal
justice system, and increasing community
participation in the prevention of crimes.
 Individual agencies constituting the criminal justice
system usually understood their role in a very limited
context, restricted in their view by the boundaries of
respective organizations. This fragmentary approach of
the various components of the system in dealing with
the crime situations in their own diverse and separate
ways, often led to ineffective and wasteful efforts.

As the recognized fifth pillar of the criminal justice

system, the community is considered as the most
influential components in views of its massive and
pervasive base. Informed private citizens, playing a
variety of roles, can make a decisive difference in the
prevention, detection and prosecution of crime, and fair
administration of justice, and the restoration of
offenders to the community as law-abiding and
productive citizens.
 Realizing the need for a more balanced
allocation of peacekeeping duties between the
criminal justice system and the citizenry,
suppose to be the national strategy for crime
control must strive to connect the components
of the system of criminal justice with community
members, based on a renewed relationship of
trust and cooperation, and priority action be
adopted towards increasing community pillar’s
participation in the prevention and control of
crimes.
JUVENILE DELINQUENCY &
CRIME PREVENTION
 JUVENILE DELINQUENCY

Introduction

Juvenile crime, in law term denotes various offenses

committed by the children or youths. Such acts are
sometimes referred to as juvenile delinquency.
Children’s offenses typically include delinquent acts,
which would be considered crimes if committed by
adults, and status offenses, which are less serious
misbehavior such as truancy and parental disobedience.
Both are within the jurisdiction of the juvenile court and
must be subjected to prison sentences.

 History of Juvenile Delinquency

Since ancient times enlightened legal systems

have distinguished between juvenile delinquents
and adult criminals. The immature generally were
not considered morally responsible for their
behavior. Under the Code of Napoléon in France, for
example, limited responsibility was ascribed to
children under the age of 16. Despite the apparent
humanity of some early statutes, however, the
punishment of juvenile offenders until the 19th
century was often severe. In the U.S., child criminals
were treated as adult criminals. Sentences for all
offenders could be harsh and the death penalty was
occasionally imposed.
 The first institution expressly for juveniles,
the House of Refuge, was founded in New York
City in 1825 so that institutionalized delinquents
could be kept apart from adult criminals. By the
mid-19th century other state institutions for
juvenile delinquents were established, and their
populations soon included not only young
criminals but also less serious offenders and
dependent children. The movement spread
rapidly throughout the U.S. and abroad. These
early institutions were often very rigid and
punitive.
 In the second half of the 19th century
increased attention was given to the need for
special legal procedures that would protect and
guide the juvenile offender rather than subject
the child to the full force of criminal law. The
juvenile justice system began to develop, and
jurisdiction over criminal acts by children was
transferred from adult courts to the newly
created juvenile courts.
What is Juvenile Delinquency?

It is a criminal or antisocial behavior of the

juvenile. Juvenile delinquents are usually
considered to be in need of treatment,
rehabilitation, or discipline. The term
delinquency also applies to payments that are
overdue. In law, term denoting various offenses
committed by children or youth under the age of
eighteen.
What is Juvenile?

While no laws explicitly defined “childhood,” the

practice of exempting from legal responsibility for
their deviant behavior was widely followed.
Common law exempted children under the age of
seven from the criminal courts because they lacked
“mens rea,” or criminal intent, required for criminal
conviction. Since much of criminal law is based
upon common law, the same practice was
traditional. Children over the age of seven were
considered old enough to know right from wrong
and to understand the consequences of their
actions, and were considered responsible for their
law-violating behavior.
What is Delinquency?

The oldest and most familiar description of

criminal misconduct by a juvenile is the legal
definition based upon formally codified laws,
which specify offenses, sanctions, and age
parameters. During the later nineteenth century,
less serious deviance on the part of youth was
considered to be family matter. On the other
hand, extreme or persistent cases of youthful
non-conformity or obstinacy became a matter of
community discipline. Public rebuke, whippings,
and even capital punishment were administered
to children.
 Concepts of Juvenile Delinquency

Over the years, the society became sensitive to the special

needs of children; thus the importance of the following
concepts of juvenile delinquency.
1. Delinquency and Parens Patriae

The current treatment of juvenile delinquents is a

byproduct of developing national consciousness. The
designation delinquent became popular at the onset of the
twentieth century when juvenile courts were instituted. Guided
with the ideals, that treating minors and adults equivalently
violated the humanitarian ideals of society. Consequently, the
newly emerging juvenile justice system operates under the
philosophy of parens patriae. Minors who engaged in illegal
behavior were viewed as victim of improper care, custody, and
treatment at home.

2. Legal Status of Delinquency

The legal status of “juvenile delinquent” refers to

a minor child who has been found to have violated
the penal code. Minor child is defines as an
individual who falls under a statutory age limit,
most commonly under 18 years of age. Because of
their minority status, juveniles are usually kept
separate from adults and receive different
consideration and treatment under the law.
Terminology is also different. Adults are tried in the
court; children are adjudicated. Adults can be
punished; children are treated. If treatment is
mandated, children can be sent to secure detention
facilities; they cannot normally be committed to
adult prisons.
3. Legal Responsibility of Youth

Juvenile delinquency concepts occupies a legal

status falling somewhere between criminal and civil
law. Under parens patriae, delinquent acts are not
considered criminal violation, nor are delinquents
considered “criminals.” Children cannot be found
“guilty” of a crime and punished like adult criminals.
The legal action against them is considered more
similar to a civil action that determines their “need
for treatment.” This legal theory recognizes that
children who violate the law are in need of the same
care and treatment as law-abiding citizens who
cannot care for themselves and require state
intervention into their lives.
 Factors Associated with Juvenile Delinquency

Many adolescents who have been exposed to risk

factors do not become offenders, as measured by arrest
before age 18. Furthermore, a small number of
adolescents become delinquent without any identifiable
risk factors in their background. This group remains an
“enigma,” testifying to lack of adequate understanding
of delinquency.

Adolescents’ involvement in delinquency are often

reported in terms of demographic factors—age, gender,
race, ethnicity, and urban/rural location. Current
national data sources on delinquency do not report
information on socioeconomic status. Communitywide
analyses are the source of much data on this factor.
 Age-Involvement in delinquency changes
with age during adolescence. Incidence rates, as
measured by arrest rates, victimization rates,
and offending rates, indicate that, in general,
the level of adolescent involvement in
delinquent acts-whether violent or nonviolent,
serious or minor-generally peaks sometime
between 15 and 17 years of age and declines
thereafter, and as long that they are getting
older, and becoming emotionally matured.

 Categories of Juvenile Offenders

Essentially three kinds of children come into contact with

the juvenile court system—-a significant event in their lives. The
children in two of these categories have committed no offense,
they are either dependent—-without family or support or
neglected-—having a family situation that is harmful to them.
The only category that involves an offense is the delinquent
juvenile, some of whom are referred to today as status
offenders, as their only problem is their status.

The care of neglected and dependent children is important,

of course, but the juvenile courts were established primarily to
handle delinquent juveniles. For judicial purposes, delinquents
are divided into several categories. The first is composed of
children who have allegedly committed an offense that would
be a crime or an offense if it is had been committed by an adult
offenders.
 The second category of delinquents consists of those
status offenders who have allegedly violated regulations that
apply only to juvenile, i.e., curfew restrictions, required school
attendance, and similar rules and ordinances. The third and last
group is labeled the “incorrigible juveniles”—-those who have
been declared unmanageable by their parents and the court.
The second and third groups are often referred to as persons in
need of supervision or minors in needs of supervision.

Most concerned juvenile correctional officials would like to

remove persons in need of supervision or minors in needs of
supervision classifications, as well as status offenders-—from
the facilities designed primarily for the first category of
delinquent juveniles.
 Types of Juvenile Offenders

Whatever the trends in juvenile delinquency happen, there are two broad
categories of juvenile offenders, as follows:

1. Status Offenders

Status offenders are those juveniles who commit offenses that if committed
by adults, would not be considered crimes. Examples of status offense
include truancy, running away from home, and violating curfew. These
offenses are considered illegal for juvenile offenders.

2. Juvenile Delinquents

Since delinquency is an act committed by a juvenile that would be

considered either a felony or misdemeanor if committed by an adult, there
are some major differences between delinquent acts” and ‘status offenses.”
However, for many decades other foreign countries lumped status offenses
and delinquent offenses into a single category and processed violators
similarly through the juvenile courts.
 Psychological Characteristics of Delinquents

Discussed hereunder are some of the psychological

characteristics of juvenile delinquents. These psychological
characteristics clearly suggest relationships with the youth’s
tendency to engage in anti-social behavior:

1. Personality and Delinquency

Personality can be defined as the reasonably stable patterns of

behavior, including thoughts and emotions that distinguish one
person from another. An individual’s personality reflects the
characteristic ways of adapting to life’s demands and problems.
They way individual behave is a function of how their
personality enables them to interpret life events and make
appropriate behavioral choice.
2. Intelligence and Delinquency

Psychologists have long been concerned with

the development of intelligence and the
subsequent relationship to behavior. It has been
charged that children with low IQs are
responsible for a disproportionate share of
delinquency.
 DELIQUENCY PREVENTION

Delinquency prevention efforts are considered

by many to be crucial to the development of a
consistent and comprehensive approach to the
problem of youth crime and delinquency. However,
a growing body supports the idea of delinquency
prevention as both a practical and cost-effective
means of reducing youth misbehavior. Even so,
policymakers continue to debate the efficacy of
these "front-end" programs that claim to avert
crime, as opposed to "get tough" sanctions that
purportedly deter youth violence and delinquency.
 Origins of Delinquency Prevention

The history of the prevention of juvenile delinquency is closely

tied to the history of juvenile justice. From the House of
Refuge, which opened in New York in 1825, to more
contemporary events, such as enactment of various statutes,
child saving organizations and lawmakers have had interest in
both the prevention and control of delinquency.

However, many social scientists have noted that efforts to

prevent juveniles from engaging in the first place were
secondary to and often overlooked in favor of intervention with
juveniles who had already committed delinquent acts. This
imbalance between prevention and control of juvenile
delinquency remains in places to this day.
 Early Stages of Delinquency Prevention

The following sections examine early childhood delinquency

prevention programs that have been implemented in the five
most influential settings:

1. Home-Based Programs

In a supportive and loving home environment, parents care for

their children’s health and general well-being, help instill in
their children positive values such as honesty and respect for
others, and nurture pro-social behavior. One of the most
important types of home-based programs to prevent juvenile
delinquency involves the provision of support for families.
Support for families in their homes can take many different
forms.

2. Parenting Skills Programs

Another form of family support that has shown some success in

preventing juvenile delinquency is improving parenting skills.
Although the main focus of parent training programs is on the
parents, many of these programs also involve children with the
aim of improving parent-child bond.

3. Daycare Programs

Day care services are available to children of working parents.

In addition to allowing parents to return to work, day care
serves to produce children with a number of important
benefits, including social interaction with other children and
stimulation of their cognitive, sensory, and motor control skills.
4. Pre-School Programs

Preschool programs differ from daycare programs

in that preschool is geared more toward preparing
children for school. Preschool is typically provided
to children aged 3 to 5 years. These are the
formative years of brain development; more
learning takes place during this development stage
than at any other state over the life course. Low
intelligence and school failure are important risk
factors for juvenile delinquency. For this reasons,
highly structured, cognitive-based preschool
programs give young children a positive start in life.
5. Primary School Programs

Schools are a critical social context for delinquency

prevention efforts, form the early to later grades. All
schools work to produce vibrant and productive
members of society. The school’s role in preventing
delinquency in general, differs from measures taken
to make the school a safer place. In this case, a
school may adopt a greater security orientation and
implement such measures as metal detectors,
police in school, and closed circuit television
camera. A number of experiment programs have
attempted to prevent or reduce delinquency by
manipulating factors in the learning environment.
 Approaches in Delinquency Prevention

The following sections examine the five main delinquency

prevention approaches targeted at adolescents, as follows:

1. Mentoring Programs

Mentoring programs usually involve non-professional

volunteers spending time with young people at risk for
delinquency, dropping out of school, school failure, and other
social problems. Mentors behave in a supportive, non-
judgmental manner while acting as roles models. In recent
years, there has been a large increase in the number of
mentoring programs, many of which are aimed at preventing
delinquency.
2. School-Based Program

Safety of students in early college days and high schools takes on a

much higher profile than in the early grades because of a larger
number of violent incidents in schools. However, the role of schools in
the prevention of delinquency in the wider community remains
prominent. A wide range of programs to deal with juvenile
delinquency in the community have been set up in the early college
days and high schools.

3. After-School Programs

Today, after-school program include childcare centers, tutoring

programs at school, dance groups, basketball leagues, and drop-in
clubs. Because after-school programs are voluntary, participants may
be the more motivated youngster in a given population and the least
likely to engage in anti-social behavior.
4. Job-Training Programs

Having a job means having money to pay for necessities as well as to spend
on leisure activities. In can bring a sense of pride and accomplishment, and it
can be a protective factor against involvement in delinquency. Job training
programs improve the chances of obtaining jobs and thereby may reduce
delinquency. It is not only concerned with proving young people with
employable skills, but also in helping to overcome some of their immediate
problems.

5. Community-Based Programs

It includes analyzing the delinquency problem, identifying available

resources in the community, developing priority delinquency problems, and
identifying successful programs in other communities and tailoring them to
local conditions and needs. Not all comprehensive community-based
programs follow this model, but there is evidence to suggest that this
approach will produce the greatest reduction in juvenile delinquency.
 Strategies of Delinquency Prevention

If delinquency is a rational choice and a routine activity,

then delinquency prevention is a matter of three
general strategies, as follows:

1. General Deterrence

The general deterrence concept holds that the choice to

commit delinquent act is structured by the threat of
punishment. If kids believe they will get away with
illegal behavior, they may choose to commit crime. If,
on the other hand, kids believed that their illegal
behavior would result in apprehension and severe
punishment, then only the truly irrational would commit
crime, they would be deterred.
2. Specific Deterrence

The theory of specific deterrence holds that if

offenders are punished severely, the experience
will convince them not to repeat their illegal
acts. Although general deterrence focuses on
potential offenders, specific deterrence targets
offenders who have already been convicted.
Juveniles are sent to secure incarceration
facilities with the understanding that their
ordeal will deter future misbehavior.
 3. Situational Deterrence

Rather than deterring or punishing individuals in

order to reduce delinquency rates, situation
prevention strategies aims to reduce the
opportunities people have to commit particular
crimes. The idea is to make is so difficult to commit
criminal acts that would-be delinquent offenders
will be convinced that the risks of crime are greater
than the rewards. Controlling the situation of crime
can be accomplished by increasing the effort,
increasing the risk, and reducing the reward
attached to delinquency acts.

 Classifying Delinquency Prevention

Just as there are number of different ways to define

delinquency prevention, the classifications of
delinquency prevention is equally diverse, as
follows:

1. Public Health Approach

One of the first efforts to classify the many different

types of delinquency prevention activities drew
upon the public health approach to preventing
diseases and injuries. This method divided
delinquency prevention activities into three
categories, i.e., primary, secondary, and tertiary
preventions.
2. Developmental Perspectives

Another popular approach to classify

delinquency prevention activities is the
developmental perspectives. Developmental
perspectives refer to intervention especially
those targeting risk and protective factors,
designed to prevent the development of
criminal potential in individuals.
Levels of Delinquency Prevention

The first line of defense against all forms of juvenile crime is still
prevention, whether primary, secondary or tertiary:

1. Primary Prevention

Primary prevention is directed at modifying and changing crime-

causing conditions in the overall physical and social conditions that
lead to crime. Corrective and mechanical prevention fit into this level.

2. Secondary Prevention

Secondary prevention seeks early identification and intervention into

the lives of individuals or groups that are found in crime-causing
circumstances. It focuses on changing the behavior of those who are
likely to become delinquent. Punitive prevention fits into this level.
3. Tertiary Prevention

Tertiary prevention, the third level, is aimed at

preventing recidivism—-that is, its focuses on
preventing further delinquent acts by youths
directly identified as delinquent.
Effective Delinquency Prevention

Numerous programs attempt early intervention, and

the most effective programs share the following key
components:

1. Education Model

Education model programs have assisted families and

children by providing them with information. Some
programs inform parents on how to raise healthy
children; some teach children about the effects of
drugs, gangs, sex, and weapons; and others aim to
express to youth the innate worth they and all others
have. All of these programs provide youths with the
awareness that their actions have consequences.
2. Recreational Activities

One of the immediate benefits of recreational activities

is that they fill unsupervised after-school hours. It is
noted that youths are most likely to commit crimes
between 2 p.m. and 8 p.m., with crime rates peaking at
3 p.m. Recreation programs allow youths to connect
with other adults and children in the community. Such
positive friendships may assist children in later years.
3. Community Involvement

Girl scouts, boy scouts, church youth groups, and

volunteer groups all involve youth within a community.
Involvement in community groups provide youth with
an opportunity to interact in a safe social environment.
4. Prenatal and Infancy Home Visitation

Nurses involved in the "prenatal and infancy

home visitation" program pay visits to low
income, single mothers between their third
trimester and the second year of their child’s life.
During these visits, nurses focus on the health of
the mother and child, the support relationships
in the mother’s life, and the enrollment of the
mother and child in public health services
programs.
5. Parent-Child Interaction

The "parent-child interaction” training program

takes parents and children approximately 12
weeks to complete. It is designed to teach
parenting skills to parents of children ages two
to seven who exhibit major behavioral problems.
The program places parents and children in
interactive situations. The program has been
shown to reduce hyperactivity, attention deficit,
aggression, and anxious behavior in children.
6. Bullying Prevention

The bullying prevention program is put into

place in elementary and high school settings. An
anonymous student questionnaire fills teachers
and administrators in as to who is doing the
bullying, which kids are most frequently
victimized, and where bullying occurs on
campus. Individual bullies and victims receive
independent counseling.
7. Intervention Assistance

A youth entering the juvenile justice system has

the opportunity to receive intervention
assistance from the government. In the care of
the state, a youth may receive drug
rehabilitation assistance, counseling, and
educational opportunities. Optimally, all juvenile
detention facilities would catch youths up on
their education, provide them with job training,
give them the experience of living in a safe,
stable environment, and provide them with
assistance to break harmful habits.
8. Youth Institution

The youth institution is an example of a successful

juvenile detention facility that gears its programs
toward restoring delinquent youth. The facility
holds young adult violent offenders and juvenile
delinquents who have been tried in adult court for
committing violent crimes. It is designed assist
youthful offenders by providing them with the help
they need to change their behavior. They are
required to participate in the educational
opportunities provided by the facility.
9. Ending Repeat Offenses

Once out of facility, youths face the challenge of

readjusting to "free-life.” For many, youth
institution places a halt in a pattern of destructive
behavior. Once out of institution, the youth must
create a pattern of life separate from criminal
activity. To assist in this process, courts have
attempted to implement helpful social services for
juvenile delinquents and their families. Some of
these are job placement, school follow-ups,
extended counseling, and extended drug
rehabilitation.
10. Functional Family Therapy

A family therapist works with the family and helps

individual family members see how they can positively
motivate change in their home. The program works in
three phases. During the first phase, the therapist
attempts to break down resistance to therapy and
encourages the family to believe that negative
communication and interaction patterns can be
changed. In the second phase, family members are
taught new ways to approach day-to-day situations;
they are shown how to change their behaviors and
responses to situations. During the third phase, family
members are encouraged to move new relational skills
into other social situations.
Ineffective Delinquency Prevention

Hereunder are some of the ineffective prevention strategies in

dealing with the juvenile delinquents:

1. Scare Tactics

Currently, the society is steering away from this tactic, as it has

proven rather ineffective, but during the 1990s it was a
technique that politicians and the greater community put much
confidence in. Slogans such as "get tough on crime" and "adult
time for adult crime" spoke to the common-sense core of many
people who worried about rising juvenile crime rates. The
general opinion held that the system had become too soft; the
threat of confinement was not deterring youth from criminal
activity.
2. Juvenile Institutions

In the years that "get tough on crime" policies

were being established, various new programs
were also attempted. One such program,
juvenile institutions, received high publicity but
had little success. At risk youth were placed into
intense, structured, severe environments. The
juvenile institutions were intended to teach
youth about structure and discipline but their
success rates, which were measured based on
their ability to prevent kids from committing
future crimes, were low.
3. Scared Straight

Another program, “scared straight," brought

parole/probation youth into interactions with
adult prisoners through meetings or short-term
incarcerations. The program was designed to
make young offenders frightened of the violent
adult prison system.
 JUVENILE JUSTICE

The juvenile justice is experiencing a period of

uncertainty and has been for some time now.
There have been attack on the system’s
ineffectiveness and its failure in meeting the
goals of parens patriae philosophy—protecting
children. While the contemporary system’s
struggle to achieve the reforms, it is still
constrained by a need to deal more effectively
with violent and chronic juvenile offenders. The
future direction of the juvenile justice system, in
short remains unclear.
 Development of Juvenile Justice

The roots of juvenile justice system are two

thousand years old. It can be traced to classical
Roman law. There are two roots, one is clearly
punitive, and the other supportive and caring.
The punitive root brought the imposition of
adult criminal liability on children. In the Middle
Ages, under the law of the church, the Roman
law classification of children with respect to their
criminal liability took definite shape and was
taken over by the common law.

The second root, likewise originating in Roman
law, is that of concern for troubled children.
Traces have been found in the concepts used
today in juvenile court proceedings. It was very
much present in the concept of “parens patriae”
or “parent of the country,” which to the Romans
meant that the emperor, and in the medieval
time, the king or queen, could exercise “patria
potestas” or “parental power,” “in locu parentis,”
or “in the place of the parent” deemed incapable
or unworthy, over children in trouble or in
danger of becoming wayward.
 Philosophy of Juvenile Justice

The philosophy of the juvenile court as an agent

of reform is the foundation of the juvenile justice
system. Serving as the crux of society’s response
to delinquency, the court plays a crucial role in
the lives of children. Juvenile courts mandate
appropriate sanctions to ensure accountability
and establish treatment plans in order to
strengthen offender’s sense of responsibility and
to protect the public.
Another philosophy underlying the juvenile
justice is that of parens patriae. These
fundamental philosophies led to a distinction
between juvenile and adult criminal that is
reflected in the terminology used by each court
system.
 Juvenile Justice Strategy

The following are the components of a juvenile

justice strategy:
1. Juvenile Prevention

Research has identified certain factor that may

suggest future delinquency. For young children,
these include abuse and neglect, domestic
violence, educational under achievement and
health problems. Early childhood services may
prevent delinquency and make a child less
vulnerable to future criminality.
2. Early Intervention

Intervention program are focused on teenage youths

considered to be at higher risk for engaging in petty delinquent
acts, using drugs or alcohol, or associating with anti-social
peers. Interventions at this stage are designed to ward-off
involvement in more serious delinquency.

3. Graduated Sanctions

Graduated sanction programs for juveniles are another solution

being explored in the local setting. Types of graduated
sanctions include immediate sanctions for non-violent
offenders; intermediate sanctions such as probation and
electronic monitoring, which target repeat minor offenders and
first-time serious offenders; and secure institutional care,
which is reserved for repeat and violent offenders.
4. Institutional Programs

Another key to a comprehensive strategy is improving

institutional programs. Many experts believe juvenile incarceration is
overused, particularly for non-violent offenders. That is why the
concept of de-institutionalization—-removing as many youths from
secured confinement as possible.

5. Alternative Courts

New venues of juvenile justice that provide special services to

youth while helping to alleviate the case flow problem that plagued
overcrowded juvenile courts are being implemented across the
country.
 Flows of Juvenile Justice

The flows of juvenile justice are being undertaken in the following

process. However, handling, referral, supervision, and addressing--of
juveniles were given emphasis to determine how the system works in dealing
with youthful offenders or delinquents:

1. Handling of Juveniles

Juvenile justice begins in handling juvenile offenses after that it has

come to the attention of the concerned government agencies, more
particularly the law enforcement agencies.

2. Referral of Juveniles

Referral to the concerned agency that is to say--that the juvenile justice

system does not go about looking for juveniles in trouble, but rather awaits
the referral of problem juveniles by law enforcement agencies.
3. Supervision of Juveniles

Supervision of juveniles after it has

undergone unto the juvenile justice system
process--this is less legalistic and stigmatizing
term than parole, implying a greater emphasis
on counseling and casework--ideally, supervision
provides not only extending professional
services in the home and community, but also
continuation of vocational training, school
guidance, and counseling.
4. Addressing of Juveniles

Addressing of juvenile delinquencies and

prevent them from their criminal careers--it is in
this phase of the juvenile justice that entails in
looking for the solution of the problems, and to
proactively address the problems brought about
by the juvenile delinquencies in the community
or within a particular neighborhood.
 Jurisdictions of Juvenile Justice

The jurisdictions of the juvenile justice refer to the types of

cases it is empowered to hear. The juvenile justice jurisdiction
extends into three classifications of children, as follows:

1. Those who are neglected, dependent or abused because

those charged with their custody and control mistreat them or
fail to provide proper care;

2. Those who are incorrigible, ungovernable, wayward or

truant; and

3. Those who violate laws, ordinances and codes classified as

penal or criminal.
The general purpose is to do justice. Among the
special purposes of the juvenile justice are the
following:

1. To settle civil controversies that relate to the

protection, care, and custody of abused,
neglected, and endangered children; and

2. To protect abused, neglected, and

endangered minors by means of placements and
protective orders.
 Process in Juvenile Justice

The process of juvenile justice system varies in

sophistication, organization, and application.
The following discussion will cover briefly the
significant stages of juvenile case processing.
1. Police Action

Action is taken by police who observe juveniles

breaking and entering, vandalizing automobiles or
homes, joyriding in stolen vehicles, soliciting for
prostitution, or committing any other delinquent
offense. Also, reports by neighbors of child abuse by
a juvenile’s parents, obvious neglect, and/or
abandonment will lead police to investigate or
intervene. The intervention will result in juveniles
being taken to a juvenile detention facility for
further processing and further investigation, or
perhaps to a government agency, such as social
welfare.
2. Intake

Juveniles placed in detention centers,

juvenile halls, jails, or government agencies, and
are subsequently “screened by an “intake
officer.” Intake officers are usually juvenile
probation officers under the administration of
the probation office. It is the responsibility of
intake officers to examine each juvenile’s cases
closely and make a professional determination
of further action that should be taken or not.
3. Court Jurisdiction

Access to juvenile court occurs through

petition. The actual juvenile court proceeding is
quasi-adversarial, with a juvenile court
prosecutor bringing specific charges against the
juvenile. If the juvenile or juvenile’s parents or
guardians choose, they may be represented by
counsel to defend against the charged as
alleged. Action on the petition by the juvenile
judge may be a ruling that the juvenile is,
indeed, delinquent. Or the ruling may result in a
dismissal of charge.
4. Detention Hearing

The next stage in juvenile court proceeding involves

a detention hearing in which a decision is made to
release the juvenile to a parent or guardian or to
retain him or her in custody. During the detention
hearing, it is determined whether the juvenile
requires protection and whether the juvenile poses
a threat to society. Moreover, the chance of the
juvenile’s being further processed into judicial
proceedings also is considered. Detention of
juvenile delinquents may be either non-secure or
secure detention centers.

5. Adjudication and Disposition

 The Four Ds of Juvenile Justice

The four Ds of juvenile justice are briefly discussed

hereunder. All theses Ds are considered important
considerations towards the effectiveness of the
system, as follows:

1. Deinstitutionalization

Deinstitutionalization refers to providing programs

for juveniles in a community based-setting rather
than in an institution. Deinstitutionalization of
status offenders (DSO) was especially
recommended on the theoretical basis that labeling
a youth as delinquent could become self-fulfilling.
2. Diversion

The juvenile due process requirements,

combined with the rising cost of courts and
corrections facilities, resulted in wider use of
community-based alternatives to treat youths
before and after adjudication. The trend was to
make greater use of diversion programs. Young
offenders were placed in remedial education,
drug abuse programs, foster homes and out-
patient health care and counseling facilities.
3. Decriminalization

The referral of status offenses to juvenile court has been

viewed by many as a waste of court resources. These criteria
believe that court resources are best used for serious recidivist
delinquents.

4. Due Process

As juveniles’ rights being addressed and the juvenile court

becoming more like adult court in several important ways. The
juvenile rights addressed were the standard of proof, right to
jury trial and double jeopardy. Whether dealing with status
offenders, youths who had committed violent crimes or
protecting abused or neglected children, the court no longer
had free reign.
 Discretions of Juvenile Justice

Today juvenile offenders receive nearly as much

procedural protection as adult offenders.
However, there are other factors that are
believed to shape juvenile justice discretions, as
discussed hereunder:
1. Environmental Factors

How does the system decide what to do with

juvenile offenders? The norms of the community are
a factor in the decision. Some juvenile justice
agencies work in communities that tolerate a fair
amount of personal freedom. In democratic
environment, juvenile justice agencies rather than
take them into custody. Others work in conservative
communities that expect a no-nonsense approach
to the enforcement of statutes. Here, juvenile
justice agencies may be more inclined to place
juvenile under custody.
2. Law Enforcement Factors

The policies and customs of law enforcement

also influence decisions. The juvenile justice
agencies may be pressured to make more
juvenile intake or to refrain from taking them
into custody under certain circumstances. There
are standard operating procedures governing
certain types of juvenile violations. Under other
circumstances, and informal warning might be
given.
 3. Situational Factors

In addition to the environment, a variety of

situational factors affect the juvenile justice
agencies’ decisions. Situational factors are those
attached to a particular crime, such as specific
traits of offenders. Traditionally, it was believed
that juvenile justice agencies rely heavily on the
demeanor and appearance of the juvenile in
making decisions.

 4. Bias Discretion Factors

Do juvenile justice agencies allow bias to affect

their decisions on whether to arrest youths? Do
they routinely use “social-classes profiling”
when they decide to take juveniles into custody?
A great deal of debate has been generated over
this issue. Some experts believe that juvenile
justice agencies’ decision making is deeply
influenced by the offender’s personal
characteristics, whereas others maintain that
crime-related variables are more significant.

 PRESIDENTIAL DECREE NO. 603

Title and Scope of Code

The Code shall be known as the "Child and

Youth Welfare Code". It shall apply to persons
below twenty-one years of age except those
emancipated in accordance with law. "Child" or
"minor" or "youth" as used in this Code, shall
refer to such persons.
 Rights of the Child

All children shall be entitled to the rights herein set

forth without distinction as to legitimacy or illegitimacy,
sex, social status, religion, political antecedents, and
other factors.

1. Every child is endowed with the dignity and worth of

a human being from the moment of his conception, as
generally accepted in medical parlance, and has,
therefore, the right to be born well.

2. Every child has the right to a wholesome family life

that will provide him with love, care and understanding,
guidance and counseling, and moral and material
security.
3. Every child has the right to a well-rounded
development of his personality to the end that he may
become a happy, useful and active member of society.

4. Every child has the right to a balanced diet,

adequate clothing, sufficient shelter, proper medical
attention, and all the basic physical requirements of a
healthy and vigorous life.
5. Every child has the right to be brought up in an
atmosphere of morality and rectitude for the
enrichment and the strengthening of his character.

6. Every child has the right to an education

commensurate with his abilities and to the development
of his skills for the improvement of his capacity for
service to himself and to his fellowmen.
7. Every child has the right to full opportunities for
safe and wholesome recreation and activities,
individual as well as social, for the wholesome use of
his leisure hours.

8. Every child has the right to protection against

exploitation, improper influences, hazards, and
other conditions or circumstances prejudicial to his
physical, mental, emotional, social and moral
development.

9. Every child has the right to live in a community

and a society that can offer him an environment
free from pernicious influences and conducive to
the promotion of his health and the cultivation of
his desirable traits and attributes.
10. Every child has the right to the care, assistance, and
protection of the State, particularly when his parents or
guardians fail or are unable to provide him with his
fundamental needs for growth, development, and
improvement.

11. Every child has the right to an efficient and honest

government that will deepen his faith in democracy and
inspire him with the morality of the constituted
authorities both in their public and private lives.

12. Every child has the right to grow up as a free

individual, in an atmosphere of peace, understanding,
tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of
a better world.
Dependent, Abandoned or Neglected Child

The dependent, abandoned or neglected child

shall be under the parental authority of a
suitable or accredited person or institution that
is caring for him as provided for under the four
preceding articles, after the child has been
declared abandoned by either the court or the
Department of Social Welfare and Development
(DSWD).
 Criminal Liability

Criminal liability shall attach to any parent who:

1. Conceals or abandons the child with intent to make

such child lose his civil status.

2. Abandons the child under such circumstances as to

deprive him of the love, care and protection he needs.

3. Sells or abandons the child to another person for

valuable consideration.
4. Neglects the child by not giving him the education which
the family's station in life and financial conditions permit.

5. Fails or refuses, without justifiable grounds, to enroll the

child as required by Article 72.

6. Causes, abates, or permits the truancy of the child from the

school where he is enrolled. "Truancy" as herein used shall
mean, absences in the school without justifiable cause for more
than twenty (20) schooldays, and which is not necessarily
consecutive.

It shall be the duty of the teacher in charge to report to the

parents the absences of the child the moment these exceed
five schooldays.
7. Improperly exploits the child by using him, directly
or indirectly, such as for purposes of begging and other
acts which are inimical to his interest and welfare.

8. Inflicts cruel and unusual punishment upon the child

or deliberately subjects him to indignations and other
excessive chastisement that embarrass or humiliate
him.

9. Causes or encourages the child to lead an immoral

or dissolute life.

10. Permits the child to possess, handle or carry a

deadly weapon, regardless of its ownership.
11. Allows or requires the child to drive without a
license or with a license which the parent knows
to have been illegally procured. If the motor
vehicle driven by the child belongs to the parent,
it shall be presumed that he permitted or
ordered the child to drive.

"Parents" as here used shall include the guardian

and the head of the institution or foster home
which has custody of the child.
Employment of Children Below Sixteen Years

Children below sixteen years of age may be

employed to perform light work which is not
harmful to their safety, health or normal
development and which is not prejudicial to
their studies. The provisions of the Labor Code
relating to employable age and conditions of
employment of children are hereby adopted as
part of this Code insofar as not inconsistent
herewith.
 Juvenile and Domestic Relations Courts

Juvenile and Domestic Relations Courts shall, as

far as practicable, be established in every
province or city to hear and decide cases
involving juvenile and domestic problems.
 Definition of Terms

1. A dependent child is one who is without a

parent, guardian or custodian; or one whose
parents, guardian or other custodian for good
cause desires to be relieved of his care and
custody; and is dependent upon the public for
support.

2. An 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 continuous months.
3. A neglected child is one whose basic needs have
been deliberately unattended or inadequately attended.
Neglect may occur in two ways:

a. There is a 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 exists: when children are

maltreated, raped or seduced; when children are
exploited, overworked or made to work under
conditions not conducive to good health; or are made to
beg in the streets or public places, or when children are
in morale danger or exposed to gambling, prostitution
and other vices.
3. Commitment or surrender of a child is the legal act
of entrusting a child to the care of the Department of
Social Welfare or any duly licensed child placement
agency or individual. Commitment may be done in the
following manner:

a. Involuntary commitment, in case of a

dependent child, or through the termination of parental
or guardianship rights by reason of abandonment,
substantial and continuous or repeated neglect and/or
parental incompetence to discharge parental
responsibilities, and in the manner, form and procedure
hereinafter prescribed.

b. Voluntary commitment, through the relinquishment

of parental or guardianship rights in the manner and
form hereinafter prescribed.
 Duty of Fiscal

The provincial or city fiscal shall appear for the

State, seeing to it that there has been due notice to
all parties concerned and that there is justification
for the declaration of dependency, abandonment or
neglect.

The legal services section of the Department of

Social Welfare, any recognized legal association, or
any appointed de officio counsel shall prepare the
petition for the Secretary of the Department of
Social Welfare, his representative or the head of the
duly licensed child placement agency, or the duly
licensed individual and represent him in court in all
proceedings arising under the provisions of this
Chapter.
 Commitment of Child

If, after the hearing, the child is found to be

dependent, abandoned, or neglected, an order
shall be entered committing him to the care and
custody of the Department of Social Welfare or
any duly licensed child placement agency or
individual.
 Prohibited Acts

It shall be unlawful for any child to leave the

person or institution to which he has been
judicially or voluntarily committed or the person
under whose custody he has been placed in
accordance with the next preceding article, or
for any person to induce him to leave such
person or institution, except in case of grave
physical or moral danger, actual or imminent, to
the child.
Any violation of this article shall be punishable
by an imprisonment of not more than one year
or by a fine of not more than two thousand
pesos, or both such fine and imprisonment at
the discretion of the court: Provided, That if the
violation is committed by a foreigner, he shall
also be subject to deportation.

If the violation is committed by a parent or legal

guardian of the child, such fact shall aggravate
or mitigate the offense as circumstances shall
warrant.
 Report of Maltreated or Abused Child

All hospitals, clinics and other institutions as well as

private physicians providing treatment shall, within
forty-eight hours from knowledge of the case,
report in writing to the city or provincial fiscal or to
the Local Council for the Protection of Children or to
the nearest unit of the Department of Social
Welfare, any case of a maltreated or abused child,
or exploitation of an employed child contrary to the
provisions of labor laws. It shall be the duty of the
Council for the Protection of Children or the unit of
the Department of Social Welfare to whom such a
report is made to forward the same to the provincial
or city fiscal.
In cases of sexual abuse, the records pertaining
to the case shall be kept strictly confidential and
no information relating thereto shall be
disclosed except in connection with any court or
official proceeding based on such report. Any
person disclosing confidential information in
violation of this provision shall be punished by a
fine of not less than one hundred pesos nor
more than five thousand pesos, or by
imprisonment for not less than thirty days nor
more than one year, or both such fine and
imprisonment, at the discretion of the court.
 Classification of Mental Retardation

Mental Retardation is divided into four classifications:

1. Custodial Group. The members of this classification are

severely or profoundly retarded, hence, the least capable
group. This includes those with I.Q.s to 25.

2. Trainable Group. The members of this group consist of

those with I.Q.s from about 25 to about 50; one who belongs to
this group shows a mental level and rate of development which
is 1/4 to 1/2 that of the average child, is unable to acquire higher
academic skills, but can usually acquire the basic skills for living
to a reasonable degree. He can likewise attain a primary grade
level of education if he receives effective instruction.
3. Educable Group. This group's I.Q. ranges
from about 50 to about 75, and the intellectual
development is approximately 1/2 to 3/4 of that
expected of a normal child of the same
chronological age. The degree of success or
accomplishment that they will reach in life
depends very much on the quality and type of
education they receive, as well as on the
treatment at home and in the community. Many
of the educable retardates may reach 5th or 6th
grade educational level and can develop
occupational skills which may result in partial or
complete economic independence in adulthood.
4. Borderline or Low Normal Group. This is the
highest group of mentally retarded, with I.Q.s
from about 75 to about 89. The members of this
classification are only slightly retarded and they
can usually get by in regular classes if they
receive some extra help, guidance and
consideration. They have to spend much more
time with their studies than do most children in
order to pass. Those who cannot make it are
usually handicapped by one or more other
conditions aside from that of intelligence.
 Youthful Offender Defined

A youthful offender is one who is over nine years but under

twenty-one years of age at the time of the commission of the
offense.

A child nine years of age or under at the time of the offense

shall be exempt from criminal liability and shall be committed
to the care of his or her father or mother, or nearest relative or
family friend in the discretion of the court and subject to its
supervision.

The same shall be done for a child over nine years and under
fifteen years of age at the time of the commission of the
offense, unless he acted with discernment, in which case he
shall be proceeded against in accordance with Article 192.
 Suspension of Sentence and Commitment

If after hearing the evidence in the proper proceedings, the

court should find that the youthful offender has committed the
acts charged against him the court shall determine the
imposable penalty, including any civil liability chargeable
against him. However, instead of pronouncing judgment of
conviction, the court shall suspend all further proceedings and
shall commit such minor to the custody or care of the
Department of Social Welfare, or to any training institution
operated by the government, or duly licensed agencies or any
other responsible person, until he shall have reached twenty-
one years of age or, for a shorter period as the court may deem
proper, after considering the reports and recommendations of
the Department of Social Welfare or the agency or responsible
individual under whose care he has been committed.
The youthful offender shall be subject to
visitation and supervision by a representative of
the Department of Social Welfare or any duly
licensed agency or such other officer as the
Court may designate subject to such conditions
as it may prescribe.
 Dismissal of the Case

If it is shown to the satisfaction of the court that

the youthful offenders whose sentence has been
suspended, has behaved properly and has
shown his capability to be a useful member of
the community, even before reaching the age of
majority, upon recommendation of the
Department of Social Welfare, it shall dismiss
the case and order his final discharge.
 Civil Liability of Youthful Offenders

The civil liability for acts committed by a

youthful offender shall devolve upon the
offender’s father, and in case of his death or
incapacity, upon the mother, or in case of her
death or incapacity upon the guardian. Civil
liability may also be voluntarily assumed by a
relative or family friend of the youthful offender.
 Rehabilitation Centers and Detention Homes

The Department of Social Welfare shall establish

regional rehabilitation centers for youthful
offenders. The local government and other non-
governmental entities shall collaborate and
contribute their support for the establishment and
maintenance of these facilities. The Department of
Local Government and Community Development
shall establish detention homes in cities and
provinces distinct and separate from jails pending
the disposition of cases of juvenile offenders.

Approved: December 10, 1974.

 REPUBLIC ACT NO. 7610

This Act shall be known as the "Special

Protection of Children Against Abuse,
Exploitation and Discrimination Act."
 Definition of Children

Children" refers to person below eighteen (18) years of age or

those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental disability or
condition;

Child Prostitution and Other Sexual Abuse

Children, whether male or female, who for money, profit, or

any other consideration or due to the coercion or influence of
any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
 Child Trafficking

Any person who shall engage in trading and

dealing with children including, but not limited
to, the act of buying and selling of a child for
money, or for any other consideration, or barter,
shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed
in its maximum period when the victim is under
twelve (12) years of age.
 Obscene Publications and Indecent Shows

Any person who shall hire, employ, use,

persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows,
whether live or in video, or model in obscene
publications or pornographic materials or to sell
or distribute the said materials shall suffer the
penalty of prision mayor in its medium period.

If the child used as a performer, subject or
seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its
maximum period. Any ascendant, guardian, or
person entrusted in any capacity with the care of
a child who shall cause and/or allow such child to
be employed or to participate in an obscene
play, scene, act, movie or show or in any other
acts covered by this section shall suffer the
penalty of prision mayor in its medium period.
 Employment of Children

Children below fifteen (15) years of age may be

employed except:

1. When a child works directly under the sole

responsibility of his parents or legal guardian and
where only members of the employer's family are
employed: Provided, however, That his employment
neither endangers his life, safety and health and
morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian
shall provide the said minor child with the
prescribed primary and/or secondary education; or
2. When a child's employment or participation
in public & entertainment or information
through cinema, theater, radio or television is
essential: Provided, The employment contract
concluded by the child's parent or guardian, with
the express agreement of the child concerned, if
possible, and the approval of the Department of
Labor and Employment.
 Prohibition on the Employment of Children

No person shall employ child models in all commercials or

advertisements promoting alcoholic beverages, intoxicating
drinks, tobacco and its byproducts and violence.

Discrimination

Children of indigenous cultural communities shall not be

subjected to any and all forms of discrimination. Any person
who discriminate against children of indigenous cultural
communities shall suffer a penalty of arresto mayor in its
maximum period and a fine of not less than Five thousand
pesos (P5,000.00) more than Ten thousand pesos (P10,000.00).
 Children as Zones of Peace

Children are hereby declared as Zones of Peace. It

shall be the responsibility of the state and all other
sectors to promote the goal of children as zones of
peace. To attain this objective, the following policies
shall be observed.

1. Children shall not be the object of attack and

shall be entitled to special respect. They shall be
protected from any form of threat, assault, torture
or other cruel, inhumane or degrading treatment;
2. Children shall not be recruited to become
members of the Armed Forces of the Philippines of
its civilian units or other armed groups, nor be
allowed to take part in the fighting, or used as
guides, couriers, or spies;
3. Delivery of basic social services such as
education, primary health and emergency relief
services shall be kept unhampered;

4. The safety and protection of those who provide

services including those involved in fact-finding
missions from both government and non-
government institutions shall be ensured. They shall
not be subjected to undue harassment in the
performance of their work;
5. Public infrastructure such as schools,
hospitals and rural health units shall not be
utilized for military purposes such as command
posts, barracks, detachments, and supply
depots; and

6. All appropriate steps shall be taken to

facilitate the reunion of families temporarily
separated due to armed conflict.
 Protective Custody of the Child

The offended party shall be immediately placed

under the protective custody of the DSWD
pursuant to EO 56, series of 1986. In the regular
performance of this function, the officer of the
Department of Social Welfare and Development
shall be free from any administrative, civil or
criminal liability. Custody proceedings shall be in
accordance with the provisions of PD No. 603.
 Special Court Proceedings

Cases involving violations of this Act shall be

heard in the chambers of the judge of the
Regional Trial Court duly designated as Juvenile
and Domestic Court. Any provision of existing
law to the contrary notwithstanding and with
the exception of habeas corpus, election cases,
and cases involving detention prisoners and
persons covered by RA No. 4908, all courts shall
give preference to the hearing or disposition of
cases involving violations of this Act.
 Common Penal Provisions

1. The penalty provided under this Act shall be

imposed in its maximum period if the offender
has been previously convicted under this Act;

2. When the offender is a corporation,

partnership or association, the officer or
employee thereof who is responsible for the
violation of this Act shall suffer the penalty
imposed in its maximum period;
3. The penalty provided herein shall be imposed
in its maximum period when the perpetrator is
an ascendant, parent guardian, stepparent or
collateral relative within the second degree of
consanguinity or affinity, or a manager or owner
of an establishment which has no license to
operate or its license has expired or has been
revoked;

4. When the offender is a foreigner, he shall be

deported immediately after service of sentence
and forever barred from entry to the country;
5. The penalty provided for in this Act shall be imposed in its
maximum period if the offender is a public officer or employee:
Provided, however, That if the penalty imposed is reclusion
perpetua or reclusion temporal, then the penalty of perpetual
or temporary absolute disqualification shall also be imposed:
Provided, finally, that if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall
also be imposed; and

6. A fine to be determined by the court shall be imposed and

administered as a cash fund by the Department of Social
Welfare and Development and disbursed for the rehabilitation
of each child victim, or any immediate member of his family if
the latter is the perpetrator of the offense.

Approved: June 17, 1992.

POLICE VALUES, ETHICS &
COMMUNITY RELATIONS
 POLICE VALUES

Introduction

Values play a crucial role in the professional and

personal lives of individuals, more particularly to the
police officers. Basically, a value is something for
which we have an enduring preference. Values serve
a variety of purposes, including acting as filters,
generation builders, individual distinctions,
standards of behavior, conflict resolves, indications
of emotional state, stimuli for thinking, and forces
that cause one to behave.
Definition of Values

Values are those ideas and concepts within each

of us that we deem important. We are guided by
our set of values, which help determine out
behaviors as we live our lives, and assist our
decision making. They help us decide right from
wrong, and help define who we are and what we
stand for.
 Definition of Filipino Values

It is defined as the way people live their life as an

influence of one’s culture. In whatever part of the
country you may be, one will find the same
hospitality that the Filipinos are known for as well as
many other values that have originated from our
forefathers. Filipino values are what make up the
nation both in growth and unity. Some may see that
Filipino values as a hindrance to the growth of the
country and yet others may say that his is what
makes the country powerful.
 Definition of Cultural Values

Groups, societies, or cultures have values that

are largely shared by their members. The values
identify those objects, conditions or
characteristics that members of the society
consider important; that is, valuable. The values
of a society can often be identified by noting
which people receive honor or respect.
 Definition of Organizational Values

Every organization has values that are

important. Values help the organization survive.
If people do not believe in their organizational
values system, the organization would not
function properly. Without good values the
organization may completely disappear. The
police organization will be effective only if it
develops good values.
 Definition of Personal Values

Values are an integral part of every culture. With

worldview and personality, they generate
behavior. Being part of a culture that shares a
common core set of values creates expectations
and predictability without which a culture would
disintegrate and its members would lose their
personal identity and sense of worth.
 Definition of Police Values

Police values are fundamental assumptions that

guide the organization and the individual police
officer in the exercise of discretion. It determines
the police goals, how resources are used, strategies,
and the style of police officers. Therefore, a good
value system for a police organizations would
include, i.e., honesty and integrity, respect for
human rights, professionalism, strong sense of
justice, desire to help and serve others, patriotism,
and selflessness.
 Different Principles of Values
There are three principles of values which humans can
have. Each plays an important role in their lives, but
they don't all play equal roles in the formation of moral
standards and moral norms, as follows:

1. Preference Value

Most ethical theories do not place much emphasis

on this type of value when constructing arguments for
particular actions being moral or immoral. The one
exception would be hedonistic ethical theories which
explicitly place such preferences at the center of moral
consideration. Such systems argue that those situations
or activities which make us happiest are, in fact, the
ones we should morally choose.
2. Instrumental Value

Instrumental values play an important role in

teleological moral systems—theories of morality
which argue that the moral choices are those
which lead to the best possible consequences,
such as human happiness. Thus, the choice to
feed a homeless person is considered a moral
choice and is valued not simply for its own sake
but, rather, because it leads to some other
good—the well-being of another person.
3. Intrinsic Value

Something which has intrinsic value is valued

purely for itself - it isn't used simply as a means
to some other end and it isn't simply "preferred"
above other possible options. This sort of value
is the source of a great deal of debate in moral
philosophy because not all agree that such
intrinsic values actually exist.
 Value Programming Periods

Value-programming periods can be divided into three

periods, as follows:

1. Imprinting

During the first six to seven year of age, in addition to

physical behavior development, a tremendous amount
of mental development takes place. The early years of
childhood may be compared to the foundation and
frame of a building. The foundation determines the
quality and strength of the structure that goes on top.
The foundation of persons is a child as formed in his or
her early years.

2. Modeling

From seven or eight to thirteen or fourteen years

of age, the process of identification—initially
with the mother, then the father and important
“others” around the child—expands. The child
shifts into intense modeling, relating to family,
friends, and external “heroes” the child would
“like to be” are carefully observed. As a result,
the initial close models give way to more
expanded contacts.
3. Socialization

From thirteen to fourteen to around twenty

years of age, the social life becomes structure
primarily in terms of friends. This intense
socialization with one’s peer results in people of
common interests—values, grouping together
for reinforcement. During the period of
adolescence, are in the process of defining and
integrating values, beliefs and standards of
particular culture into own personalities.
 Effect of Values to Police Officers

Values tell us much about who we are, as individuals and as

police officers. The police officer has to keep in mind the
following:

1. Filters

Literally everything is sifted through the fundamental

value systems operating in each of us. Values are our subjective
reactions to the world around us. Although some items are
purely functional and can be viewed rationally and objectively,
most items involve a subjective reaction, especially when our
feelings come into play. Gut-level value systems automatically
filter the way we view most of the things around us. The filter
operate in degrees and shades of good or bad, right or wrong,
normal or abnormal, or acceptance or rejection.
2. Generation Gaps

In recent decades, the acceleration in the rate of

change of technology, legal dimensions, social
behavior, education, and economic systems has
created vastly diverse programming experiences
between generations. The differences in these
experiences have created a spectrum of which
varying value systems within our society. People
have attempted to reconcile differences between
generations that is, in reality, are irreconcilable—
perhaps understandable, incomprehensive, but
non-negotiable.
3. Individual Differences

Values programming is not simply a process of

indoctrination. Nor is the behavior of people
that results in the series of processes that simply
overlay a particular culture on the biological core
of individuals. Rather, society shapes a person’s
inherited temperament, but it does not
transform that person into a complete opposite
of his or her own basic nature. Each individual
person emerges with somewhat distinctive ways
of behaving, despite the influences in our
generations programming.
4. Standards

A value system acts as a set of standards and

thus guides our conduct. It causes us to take a
position or to abandon one previously adopted,
predisposes us to accept or reject certain ideas
or activities, gives us a sense of being right or
wrong, aids us in making comparison, acts as a
basis from which we attempt to influence
others, and affords us an opportunity to justify
or rationalize our actions. Thus, out value system
is, in effect, our individual “code of conduct.”
5. Conflict Resolvers

An individual police officer frequently finds himself

or herself in conflict with other police officers
because of individual value system disparities. In an
intrapersonal way, however, values systems more
often than not support individual person in making
choices. “I prefer blue over brown” or I choose to
allocate my time in crime prevention program over
a crime-specific program.” Briefly, one’s value
system assists in making decisions. Nonetheless,
when individuals possess different values, they are
apt to conflict with one another.
6. Emotion Indicators

Most people give the value of “fairness” a high

rank. As a consequence, when seeing or
experiencing wrongful personnel practices, one’s
emotional threshold is normally breached and
one becomes angry, depressed, or threatened,
or a combination of all three. If one has been the
perpetrator of the unjust act, then the emotion
of guilt is probably triggered within oneself. The
police who apprehended a driver may feel sad,
feeling that the driver deserved it, but also
feeling sorry for the drivers’ family.
7. Thought Provokers

If an individual value being an effective police

officer, does it not make sense that this value should
provoke them into thinking about what means
would best achieve the desired outcome.
Fortunately, there are techniques for the recording
and exploration of one’s thoughts in a meaningful
way so that people can put these thoughts to use.
The techniques range from keeping a diary to
following planned exercises. There are number of
such techniques. Remember, values generate
thoughts as well as guide them.
8. Motivators

The terms motivation and motive denotes desired

or actual movement toward an identified end. A
person’s value system motivates him or her to
choose one path as compared to any others. What
moves a person to act, or to want to act, in a
particular manner stems from his or her own value
system. In essence, one’s values underpin and
generate one’s motives. This sense of being
motivated further serves as a motivation for
acquiring the skills, knowledge, and abilities
necessary for police officers.
 Police-Values Clarification

Enumerated and discussed are the different variables in police

value clarification, as follows:

1. Choosing Freely

The values that are chosen freely are those that one will
internalize, cherish, and allow to guide one’s life. Society or
one’s physical environment may impose a value, but it does not
necessarily become one’s work.

2. Choosing from Options

It follows that, it there are no options; then there is not a

freedom of choice. One would be hard-pressed to convince
someone that he or she valued employment with a specific
organization when in fact it was only one that would recruit and
select then from among them.
3. Choosing After Thoughtful Consideration

A value must be freely chosen after a careful review of the

consequences of each option. If we do not realize the
consequences of an alternative, we do not know what is likely
to occur and therefore cannot have freely chosen that
alternative.

4. Prizing

Briefly, a value is something that we cherish, respect, and show

pride in. Prizing is also a tool to publicize noteworthy or
exemplary behavior, and to provide incentives for improved
outcomes and competitive efforts.
5. Public Affirmation

If one values a person, an object, or a concept, it seems only a

reasonable that one would profess it openly. Are you pleased and
proud to tell others that you are a police officer or not? If it is in
affirmative, it forms part of the existing police value system.

6. Performance

What one does reflects one’s value. The importance of a particular

value can be assessed in line with how much time is spent on it. There
is an obvious difference between thinking about a value and acting
on it.

7. Pattern of Life

Values, because one acts on them become, dominating influence in

one’s life. They establish patterns in thought and deed. Consequently,
they motivate to get married or not, to have children or not or to
enforce laws or not.
 Value Driven Police Officers

Following are the police officer’s value driven

processes. Hereunder is an explanation of each
drives:

1. Position and Person

The position of the police officer serves best as

starting point. Once a person is inserted into a
position of police officer, it takes on values. Hence,
we find human being who chose to be a police
officer and possesses a unique value system
inserted to the position, and his or her value system
is supported or challenged by incoming external
values to varying degrees.
2. Organizational-Environmental and
Resources

Next, the organizational and environmental

values component acts on the police officer and
determines, to a large extent, the amount of
types of resources the police offices will have to
administer. Certainly, the input resources will
significantly constrain or promote her or his
ability to perform effectively and achieve results.
The type and amount of resources are evidence
of a police organization’s value.
3. Responsibility

The responsibility component subsumes the role

concept and various tasks. Here is where values
can operate in a dual sense. To illustrate, the
value of assuming responsibility for effectively
enforcing laws has a futuristic connotation or
end-state. Simultaneously, acting responsible is
a daily phenomenon and thus is more of a
means toward a given purpose.
4. Performance

In being and acting responsibly, the police

officer expends effort to perform effectively.
Again, many value consideration crop up in the
performance component. The questions of how
much effort should be given to the job of law
enforcement compared with being a private
individual, or how much emphasis should be
placed on organizational output component
with individual police officer job satisfaction.
5. Feedback

Finally, we arrive at feedback. To be valid and

reliable, feedback must be related to standards
of performance and to methods for program and
individual evaluation. What one decides to
measure is largely determined by what one
values. The setting of standard is similarly linked
to the people officer’s individual value system as
modified by the organizations and community’s
respective set or values.
 POLICE ETHICS

Much is said today about law enforcement

becoming the next profession. Most police
officers are in favor of this because such an
achievement would lead to an increase in their
own personal and social status, not to mention
better pay and working conditions. These
conditions simply stated that all enforcement
personnel must observed ethical standards and
professional conduct in their actions.
 What is a Code?

A code is any accepted system of rules and

regulations pertaining to a given subject.

What is Ethics?

Ethics is the study of standards of custody and

moral judgment. Oftentimes it is referred to as
the moral philosophy. It is a science that deals
with the philosophical study of morality.
 What is Morale & Morality?

Morale refers or deals on personal dignity. It

pertains to manners relates to, deals with or
capable of making the distinction between right and
wrong conduct.

Morality comes from the Latin word "mores" which

signifies conduct and refers to behavior of people,
and which is valuable and which enhance dignity of
the individual.
What is Conduct?

Conduct is personal behavior. In ethics, it is the

voluntary control and direction of one's activities
toward moral and spiritual development.
 Expectations on the Members of the PNP

As truly professionalized and dedicated law enforcers, officers

and members of the PNP shall:

1. Promote peace and order, ensure public safety, and

enhance community participation, guided by the principle that
a public office is a public trust, and that all public servants must
at all time be accountable to the people.

2. Serve with utmost responsibility, integrity, morality, loyalty

and efficiency with due respect from human rights and dignity
as a hallmark of a democratic society.

3. Bear faithful allegiance to the legitimate government,

support and uphold the Constitution, respect the duly
constituted authority and be loyal to the police service.
 What Does the PNP Core Values States?

The officers and members of the PNP must strictly

adhere to, and internalize the following police
enduring core values of:

1. Love of God

This is very essential because it makes a man more

governable and ethics, knowing what is right or
wrong. It gives him hope for the future-salvation. In
Islam, it is the submission to the- will of Allah. As the
late Pres. Quezon once said, "have faith in the
Divine Providence who guides the destinies of men
and nation."
2. Respect for Authority

Everyone must obey the state authorities because no

authority exists without God’s permission, and the
existing authorities have been put there by God.
Whoever opposes the existing authority opposes what
God has ordered, and anyone who does so will bring
judgment on himself. For rulers are not to be feared by
those who do good; but by those who do evil.

3. Respects for Women and Sanctity of Marriage

If you love someone, you will never do him wrong. Love

does not consist in gazing at each other but in looking
together in the same direction. Self control in marriage
is imperative for without it, havoc will ensue.
4. Dominion and Stewardship Over Material Things

Our "needs" are few and easily satisfied while our

"wants" are many and seldom satisfied. To stay within
limits, one must strive to regulate "needs" to limit
"wants." While man exercise dominion or control over
the earth, even to some extent of controlling the very
forces of nature to serve his needs, he has still the
responsibility to keep his environment free from wanton
destruction and degradation.

5. Truthfulness

It is the state of being truthful wherein a person is

sincere, genuine, and honest in agreement. With a
standard, rule, etc., and conforms to fact or reality.
 What is Professionalism?

Professionalism, which also means service,

refers to the commitment, dignity, and attitude
of an individual towards work and his integrity
and practice of the Core Moral Value principles.
It is the proper application of specialized skills
based on an organized body by knowledge and
in accordance with laws and/or Code of Ethics
with the highest degree of excellence in the
accomplishment of the objectives.

 What is Career Management in the PNP?

Career management in the Philippine National

Police (PNP) is the key to professionalism. Its
improper implementation will greatly prejudice
the personnel professionalization process as
regard to procurement, promotion, assignment,
placement, and training, awards and retirement.
 What is Delicadeza?

Delicadeza is the state of affairs requiring tact to

protect the integrity of a person. This is in
consonance with the requirements of honor and
integrity in the PNP. All members must have the
moral courage to sacrifice self interest in
keeping with the time honored principle of
delicadeza.
 Lifestyle in the Police Service

The PNP shall endeavor to promote a lifestyle

for every member of the organization that is
acceptable and respectable in the eyes of the
public. Further, its members should set good
example to the subordinates’ and follow good
example from the superiors. They must be free
from greed, corruption, and exploitation. The
public expects a police officer to live a simple,
yet credible and dignified life.
 What is Political Patronage?

Political patronage is soliciting influence or

recommendations directly or indirectly from
politicians or other persons of the same person.
All officers and members of the PNP must
inhibit themselves from soliciting political
patronage in matters pertaining to assignment,
awards, training, and promotion.
 Observance of the Police Professional Conduct

All officers and members of the PNP shall strictly

observe the hereunder professional conduct, as follows:

1. Commitment to Democracy

Uniformed officers and members of the PNP commit

themselves to democratic way of life and values and
maintain the principle of public accountability. They
shall at all times uphold the Constitution, and be loyal to
the country, people, and organization, above loyalty to
any person or organization. The principle of democracy,
states that the government of the people, by the
people, and for the people, must be upheld at all times.
2. Commitment to Public Interest

All PNP members shall always uphold public

interest over and above personal interest. All
government properties, resources, and powers of
their respective offices must be employed and used
effectively, honestly, and efficiently, particularly to
avoid wastage of public funds, revenues and
resources.

3. Non-Partisanship

All PNP members shall provide services to everyone

without discrimination regardless of party affiliation
in accordance of existing laws and regulations.
4. Physical Fitness and Health

All PNP members shall strive to be physically and mentally fit,

and in good health at all times. Towards this end, they shall
undergo regular physical exercises and annual medical
examination in any PNP hospital or medical facility.

5. Secrecy Discipline

All PNP members shall guard the confidentiality of classified

information against unauthorized disclosure, including
confidential aspects of official business, special orders,
communications, and other documents, roster or any portion
hereof of the PNP, contents of criminal records, identities of
persons who may have given information to the police in
confidence and other classified document, information or
material.
 6. Social Awareness

All the officers and members of the PNP and their immediate
family members shall be encouraged to actively get involved in
the religious, social, and socio-civic activities to enhance the
image of the organization but without affecting their official
duties.

7. Non Solicitation of Patronage

All PNP members shall seek self improvement and individual

professionalism through career development and shall not
directly or indirectly solicit influence or recommendation from
politicians, high ranking government officials, prominent
citizens with regard to their assignment, promotions, transfer
or those of other members of the police force, nor shall they
initiate any petition to be presented by citizens in their behalf.


8. Proper Care and Use of Public Property

All PNP members’ shall be responsible for the

security, proper care, and used of public
property issued to them and/or deposited under
their care and custody. The unauthorized use of
public property for personal convenience or
gain, and that of their families, relatives and
friends are strictly prohibited by law.
9. Respect for Human Rights

All PNP members in the performance of duty

shall respect and protect human dignity and
uphold the human rights of persons. No
members should inflict, instigate or tolerate
extra-judicial killings, arbitrary arrest, any act of
torture or other cruel or degrading treatment,
and shall not invoke superior orders of
exceptional circumstances as a justification for
committing such human rights violation.
10. Devotion to Duty

All PNP members shall perform their duties with

dedication, thoroughness, efficiency, enthusiasm,
determination, and manifest concern for public
welfare, and shall refrain from engaging in any
activity, which shall be in conflict with their duties as
public servant.

11. Conservation of Natural Resources

All PNP members shall help in the development and

conservation of our natural resources for ecological
balance and posterity, as these are the inalienable
heritage of or people.
12. Command Responsibility

In accordance with the Doctrine of Command

Responsibility, immediate commanders shall be
responsible for the effective supervision and direction of
their personnel and see to it that all the government
resources shall be managed, expended or utilized in
accordance with laws and regulations and safeguarded
against losses thru illegal or improper disposition.

13. Discipline

All PNP members shall conduct themselves at all times

in keeping with the rules and regulations of the
organization, and shall not violate the internal discipline
of the police force, nor shall commit minor offenses.
14. Loyalty

All PNP members must be loyal to the Constitution

of the police service as manifested by their loyalty
to their superior officers, peers, and subordinates as
well.

15. Obedience to Superiors

All officers and members of the PNP shall obey

lawful orders and they have to be courteous to
superior officers and other appropriate authorities
within the chain of command.
 Observance of the Police Ethical Standards

Ethical standards shall refer to established and

generally accepted values, and which needs to be
observed by officers and members of the PNP are the
following:

1. Judicious Use of Authority

All PNP members shall exercise proper and legitimate

use of authority in the performance of their duty, and
they shall abide with the rules of the laws and police
operational procedures in the conduct of legitimate
operations, more particularly in the service of warrant of
arrest and search warrant, and in the conduct of
custodial investigation.
2. Morality

All PNP members shall adhere to high standard

of morality and decency and shall set good
examples for others to follow. Hence among
others and in no instance during their term of
office, shall they involved as owners, operators,
managers or investors in any house of ill reputes
or illegal gambling den or other places devoted
to vices, nor shall they patronize such places on
official duty, and tolerate operations of such
establishments in their respective areas of
responsibilities.
3. Integrity

All officers and members of the PNP shall not

themselves to be victims of corruption and dishonest
practices in accordance with the provisions of RA
3019-the Anti Graft Practices, and other applicable laws.

4. Justice

All officers and members of the PNP shall strive

constantly to respect the rights of other persons, so that
they can fulfill their duties and responsibilities, and
exercise their rights as human beings, parents, children,
citizens, workers, and leaders or in other capacities and
see to it that others do likewise.
5. Humility

All offices and members of the PNP shall

recognize the fact that they are public servants
and not the masters of the people they serve,
and toward this end; they should recognize their
own inadequacies, and limitations as individual
persons and perform their duties and
responsibilities without attracting attention or
expecting the applause of others.
6. Orderliness

All officers and members of the PNP shall follow

logical procedure in accomplishing the mandated
tasks and functions assigned to them to minimize
waste in the use of time, money and effort of the
police organization.

7. Perseverance

Once a decision is made all officers and members of

the PNP shall take legitimate means to achieve the
goals and objectives even in the face of internal or
external difficulties and constrains and despite
anything that might weaken them to resolve in the
course of time.
 Courtesy, Ceremony and Social Decorum

Courtesy is a manifestation or expression of

consideration and respect for others.

A ceremony is a formal acts established by

customs or authority as proper to special
occasions.

Social decorum is a set of norms and standards

practiced by members during socials and other
functions.
 Different Police Customs on Courtesy

Hereunder are the different police customs on courtesy:

1. Salute

Salute is the usual greetings rendered by uniformed members upon meeting

and recognizing persons entitled to a salute.

2. Salute to National Color and Standard

All PNP members shall stand at attention and salute the National Color and
standard as it pass by them or when the National Color is raised or lowered
during ceremonies.

3. Address and Title

Junior in rank addresses senior members who are entitled to salute with the
word "Sir."

4. Courtesy Calls
The following are the different customs on
courtesy calls, i.e., Call of Newly Assigned &
Appointed Members, Christmas Call, New
Year's Call, Exit Call, Promotion Call, and
Courtesy of the Post.

5. Rank Has Its Own Privilege (RHIP)

PNP members recognize the practice that

different ranks carry with them corresponding
privileges.
 Different Police Customs on Ceremonies

Hereunder are the different police customs on ceremonies:

1. Flag Raising Ceremony

The PNP members honor the flag by raising it and singing the
National Anthem before the start of the official day's work.

2. Flag Retreat Ceremony

At the end of the official day's work, the PNP members pause for a
moment to salute the lowering of the flag.

3. Half Mast

The flag is raised at half mast in deference to deceased uniformed

officers and members of the command of the PNP.
4. Funeral Service and Honors

Departed uniformed members, retirees, war veterans, are

given vigil, necrological services, and graveside honors as a
gesture of farewell.

5. Ceremony Tendered to Retirees

In recognition of their long and faithful and honorable service

to the PNP, a testimonial activity is tendered in their honor.

6. Honor Ceremony

Arrival and departure honor ceremonies are rendered to

visiting dignitaries, VIPs, PNP officers with the grade of Chief
Superintendent and above.
7. Turn-Over Ceremony

The relinquishment and assumption of command or key

position is publicly announced in a turn-over ceremony by the
out-going and in-coming officers.

8. Wedding Ceremony

During marriage of PNP members, a ceremony is conducted

with participants in a form of swords drawn.

9. Anniversary

The institutional establishment of a command or unit is

commemorated in an anniversary ceremony.
Different Police Customs on Social Decorum

Hereunder are the different police customs on

social decorum:

1. Uniform and Appearance

The public looks upon PNP members as

distinctively as a man among men. It is a
welcome sight when PNP members wear their
uniform properly wherever they may be. Since
disciplined, those who are neat in appearance
and wearing the prescribed uniform best
exemplify PNP members.
2. Proper Attire

PNP members always wear appropriate and proper

attire in conformity with the occasion.

3. Table Manners

Officers and members of the PNP must observe

table etiquette at all times.

4. Social Graces

PNP members conduct themselves properly in

dealing with the people during social functions.
 Different Police Traditions

Enumerated and explained hereunder are the different police

traditions:

1. Spiritual Beliefs

The PNP members are traditionally religious and God loving

persons. They attend religious services together with the
members of their family.

2. Valor

History attests that the Filipino law enforcers have exemplified

the tradition of valor in defending the country from aggression
and oppression. They sacrificed their limbs and lives for the
sake of their countrymen whom they have pledged to serve
and protect.
3. Patriotism

The PNP members are traditionally patriotic by nature. They

manifest their love of country with a pledge of allegiance for
the flag and a vow to defend the Constitution.
4. Discipline

The discipline of PNP members is manifested by instinctive

obedience to lawful orders and through spontaneous actions
towards attainment of organizational objectives by moral,
ethical and legal forms.

5. Gentlemanliness

The PNP members are upright in character, polite in manners,

dignified in appearance, and sincere in their concern to their
fellowmen.
6. Word of Honor

The PNP members’ word is their bond. They stand by and commit to uphold
it.

7. Duty

The PNP members have exemplified themselves as dedicated public servants

that perform their tasks with deep sense of responsibility and self sacrifice.

8. Loyalty

The policemen are traditionally loyal to the organizations, country and

people as borne by history and practice.

9. Camaraderie

The binding spirit that enhances teamwork and cooperation in the police
organization, extending to the people they serve is manifested by the PNP
member’s deep commitment and concern to one another.
 What is a Pledge?

A pledge is a promise or agreement wherein one

binds himself to the performance of some
engagement or obligation.
 POLICE IMAGE

The police image will vary, positively or

negatively, as a result of crimes the police face,
crime problems, and individual experience of the
public during specific instances. However, the
overall image of the police is a collage of these
experiences that occur and are reinforced over
time. Moreover, the image is honed and
influenced by factors which are only incidental
to specific police actions.
 Definition Police Image

A police image is a mental picture of something

of a conception, idea, or an impression towards
the police organization, it may be positive or
negative, depending on the perceptions made
by the public.
 Importance of Police Image

The image of any organization affects the esprit

de corps, morale and welfare of members, and
sense of pride to the organization. In view
thereof, all members of the police organization
should conduct themselves in manner that
would not place their organizations in bad light.
Instead, they should live in: virtues, honor,
integrity, valor, justice, honesty, humility,
charity, and loyalty to the service.
 Sources of Police Image

An individual’s opinion of the police is based on

many factors. Among the factors that contribute
to the police image are television program,
movies, newspapers, magazines, books, the
opinions of family, relative, and friends, your
education, where you live, your economic status,
whether you are handicapped, your sex,
whether you are a member of cultural minority
group, and most important, your contact with
the criminal justice system. The media has an
enormous impact on public opinion.
The police image is affected by the manner in
which television newspaper, and radio broadcast
stories present crime and law enforcement
activities. An additional source of the police
image is the folklore surrounding citizen-
interaction with police. People tend to embellish
their contacts with the police. In addition, many
stories people tell about contacts with the police
are actually not theirs, but a contact that a friend
of a friend had.
 Overcoming Negative Police Image

When a police organization has a negative

image is cannot be simply changed through
superficial modifications and public relations.
Instead, change must address substantive
matters as well as symbolic messages.
Moreover, attitudinal change must be planned
as a long-term endeavor. Short-term efforts may
mollify immediate problems, but will have little
lasting effect.
The importance of this characteristics lies at the
essence of police-community relations.
Organizational characteristics also played a role.
The rank structure, chain of command, span of
control, and deployment practices must be
consistent with sound management practice.
There were only few written policies and
procedures; therefore it must not be in conflict
with one each other.
 POLICE-COMMUNITY RELATIONS

The basic police purpose of preserving peace

and protecting life and property is accomplished
by controlling the behavior of people. A person’s
conduct is determined either by what he wants
to do, or by what he is afraid of. The police
should not recent such attention nor should they
regard as happy a situation in which the public
takes no interest in their work and evinces no
desire to participate in the solution of their
problems.

 What is Police-Community Relations?

Police-community relations is the sum total of

dealings of the police with the people it serves
and whose goodwill and cooperation it craves
for to ensure the greatest possible efficiency in
public service. It spans:

1. The entire field of public information
designed to bridge any communication gap
between the police and the public;

2. Public relations intended to maintain

harmony and mutual support between the
police and community development; and

3. Mass communications for the purpose of

conditioning both the friendly and the hostile
public, thereby insuring and facilitating the
attainment of police objectives.
 Objectives of Police-Community Relations

The following are the main objectives of community relations from the
viewpoint of law enforcement and public safety:

1. To maintain and develop the goodwill and confidence of the community

for the police;

2. To obtain public cooperation and assistance;

3. To develop public understanding, support, and appreciation for the

services of the police;

4. To gain a broader understanding of and sympathy for the problems and

needs of the police;

5. To facilitate law enforcement and law compliance;

6. To build public opinion in favor of the police;

7. To achieve the police purpose of preserving peace, protecting life and

Foundations of Police-Community Relations

Efficient service as the basic foundation of good

community relations is true in any organization
most particularly in the police service whose
client is the general public. Since action is
determined by frames of mind, the police should
scrutinize their own point of view to assure that
it is a proper one. Their attitude will be
determined by their concept of police function
as well as their stand on their duty toward the
public.
They should develop a friendly, impersonal, and
unbiased manner, pleasant and personal in all
restrictive situations but firm and impersonal on
occasions calling for regulation and control.
They should understand that they are policemen
and that the primary police purpose is to prevent
violations and to arrest offenders.
 Public Information Program

The public must kept well informed so that it will

understand and appreciate the complexities of
police work and the good service the police
render to community. Hereunder are the
mediums in public information program:
 1. Personal Media

It consists of face to face communication, which

includes meetings, rallies, and speeches and
house to house visits. This is the most practical
medium use in the provinces. Public rallies may
be conducted by qualified PNP members where
they can speak on matters pertaining to the
police that the public should know.

2. Mass-Media

In highly urbanized places and metropolis,

printed matters and audiovisual communication
are more effective medium of public information
program because of the big population, and
availability of facilities for such purposes are
readily available.
 Public-Relations Program

Every PNP unit from station level up shall have

public Relations Officers or look after the public
relation aspects of police work. It shall be the
duty of the Public Relation Officers to issue press
release from time to time regarding the police
activities, which are also of public concern.
The public relation officer shall involve and conduct
a Public Relation Program at promoting better and
closer relation between the police and public. The
essence of public is simply good service and making
the public well informed of the good work done by
the police. It is building a good image through
actual commendable performance, without
inefficiency and corruption.

The mission of the public relation officers is to gain

public support for policies and to win friendly citizen
cooperation in the programs and procedures of the
police station in order to facilitate the
accomplishment of the police tasks, powers and
functions.
 Civic Action Programs

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 individual acts of courtesy to
disaster relief. To provide local assistance
programs in the concept of self-help and up to
major engineering projects.
 Purpose of Police-Community Relations

The real purpose of police-community relations

should be convey to the public the idea that in
performing certain functions, especially those
performed by public agencies, the responsibility
rest, not only on the shoulders of those in charge of
the institutions concerned.

But it is to a certain extent on the shoulders of

individuals and the community as a whole. This idea
of indirect co-partnership should be the guiding
principle in all policies and programs of police-
community relations.
 Police Officers Individual Public Relations

The police officer’s individual public relations are

divided into the following different categories,
namely:

Domestic Relations

This consists of a person’s dealings with his

family, parents and immediate relatives, with
whom he has to have good relationships in order
to develop a respectable family prestige as well
as cordial community relations.
2. Community-Relations

This is made up of a person’s dealings with the

citizens of the community, city or town where a
person lives, his membership or contribution to
civil undertakings and his membership or
contribution to the civic organization or
community associations in the locality.
3. Neighborhood Relations

This consists of a person’s dealings with

neighbors who constitute a vital link to good
reputation in the community.
4. Church Relations

This consists of a person’s dealings with religious

congregations of the faith to which he belongs.
Religious affiliation is necessary for the stability of
moral principles.

5. Government Relations

This is made up of the dealings, which a person has

with government and its various instrumentality.
The recognition of government authority, its laws
and ordinances, as well as other public
responsibilities, are significant phases of an
individual’s public relations.
Police Officer’s Professional Public Relations

The police officer’s professional public relations

are divided into the different categories as
follows, namely:

1. Intra-Departmental Relations

This is made up of the police officer’s relations

with the officers and men within the police
organization, his superiors, the station
commander, as well as the city or municipal
mayor where he is assigned.
2. Inter-Departmental Relations

This is manifested by the relationships of the

individual police officer’s outside of the police
organization, as manifested and evidenced by
cooperation, dealings, and liaisons with other
government and other law enforcement agencies.
3. Citizens’ Relations

This includes all dealings or contacts with the

citizens in relation to the enforcement of the law
and the maintenance of peace and order, together
with the giving of information to the public.
4. Complaint Relations

This includes how an officer deals with

complaints, the techniques of interview he uses,
the manner of approach he adopts, the
treatment of witnesses as well as informers.

5. Relations with Accused Persons

This covers the proper treatment of suspects,

the recognition of their constitutional rights
during custodial investigation and the handling
of the accused persons during confinement.
6. Relations with State Prosecutors or Fiscals

This includes a police officer’s duty to cooperate during

preliminary investigations and the gathering of further
evidence once the case is filed by the fiscal.

7. Judicial Relations

This consists of the peace officer’s duties toward the

courts when appearing as a witness and the honesty of
his testimony.

8. Institutional Public Relation

This consists of dealings with the institution or

organization.
 Police Administrative Offenses

The following are the offenses for which a

member of the police force may be charged
administratively:
1. Neglect of Duty

Is the omission or refusal, without sufficient

excuse, to perform an act or duty, which it was
the peace officer’s legal obligation to perform; it
implies a duty as well as its breach and the fact
can never be found in the absence of a duty.
2. Irregularities

Is the improper performance of some act which

might lawfully be done.

3. Misconduct

Misconduct generally means wrongful, improper or

unlawful conduct, motivated by premeditated,
obstinate or intentional purpose. It usually refers to
transgression of some established and definite rule
of action, where no discretion is left except what
necessity may demand. It does not necessarily
imply corruption or criminal intention but implies
wrongful intention and not mere error or judgment.
4. Incompetence

It is the manifest lack of adequate ability and

fitness for the performance of police duties. This
has reference to any physical, moral or
intellectual quality and lack of which
substantially incapacitates one to perform the
duties of a peace officer.
5. Oppression

This is an act of cruelty, severity, unlawful

exaction, dominion, or excessive use of
authority. The exercise of the unlawful powers or
other means, in depriving an individual of his
liberty or property against his will, is generally
an act of oppression.

6. Dishonesty

Is the concealment or distortion of truth in a

matter of fact relevant to one’s office or
connected with the performance of his duties.
7. Disloyalty

It consists of abandonment or renunciation of

one’s loyalty to the Government of the
Philippines, or advocating the overthrow of the
duly constituted government.

9. Violation of Law

It presupposes conviction in court of any crime

of offense penalized under the Revised Penal
Code or any special law or ordinance.
 Paradox of a Police Officer

A police officer is a friend in need. His telephone

numbers have a special place in the directory, and
many of us post it at some convenient spot, for
instant use. He is the one to whom we instinctively
turn when all fails. He is our most versatile public
servant.

A police officer is a man. If he were not a man, he

would lack the courage to risk his life and limb in
pursuit of the speeding demon that makes a death
trap of the public highway. If he were not a man, he
could not face the gunfire, which every police officer
knows from common experience that he may
possibly encounter.
 A police officer is now a constitutional lawyer in
some of the most sensitive areas of the law.
Decisions on the constitution, handed down by the
Supreme Court during the recent years, require that
the police officer should not make an arrest until he
has established that probable cause exists.

A police officer is a man of whom we demand the

ultimate in human dignity. Like Caesar’s wife, he
must not only above sin but also above the
suspicion of sin. In a society in which the
complimentary lunch often leads to a safe, a
contract, or a favor to policeman must buy his own
less he be compromise in his official duty.

Thank You !