Crim
Crim
Crim
Victims and the cost of crime Deviant Place Theory - victims do not
encourage crime but are victim prone because
Victim and social movements they reside in socially disorganized high crime
areas.
Benjamin & Master’s Threefold Model - 2. Vctime w/ only minor guilt - ignorante ka kaya
victim
(a) Precipitation Factors - nasa maling lugar nasa
maling oras ka kaya ka naging victim 3. Victim who is just guilty as the offender -kasing
guilty ka ng offender x. voluntary victim - suicide
(b) Attracting Factors - choices, option, lifestyle
4. Victim guiltier than the offender -
(c) Predisposing Factors - sociodemographic provocation;initiation
chracteristic of victim; ex. Pagiging mahirap mo
5. The most guilty victim “who is guilty alone” -
unattacker na napatay nila in actof self defence
6. Imaginary Victim - mental disorder
(5)JUVENILE DELINQUENCY AND JUVENILE
HANS VON HENTIG’S Taxonomy of murder JUSTICE SYSTEM
victims
Juvenile Delinquent - acts committed by child
1. Depressive Type - submissive because of
Status offense - nagiging mali lang pag bata
emotional problem
nag gumawa Ex. Smoking sig
2. Greedy of gain or Acquisitive Type - lacks all
Truancy (ex. of status offense)- defined as
normal inhibition and well-founded suspicion ;
having unexcused absence from school for a
motivation for easy gain ; mabilis mascam
period of exceeding (20) days PD603 - hindi
3. Wanton or Overly Sensual Type - ruled by need sunod sunod na 20 days asta lagpas ng 20
passion and always seeking pleasure days walang justifiable reason.
4. Tormentor Type - attack from target of his or her Parens Patriae philosophy - parents of the
abuse ; battered woman country ; state ang mag responsibilidad to
protect ppl na di kayang protektahan ang sarili
5. Lonesone Type - by compation of wanting
nila
copanionship or affection kaya nagiging victim ng
rape, murder Presidential Decree 603 - “Child and Youth
Welfare code” - below 21 y/o refers to child
6. Heartbroken Type - emotionally disturbed virtue
minor or youth
by heartaches and pain
*Commencement of Civil Personality -
HANS VON HENTIG & MENDELSOHN
Naguumpisa ang civil personality or right from the
- father of victimology moment of conception/ nabuo sa sinapupunan.
Von Hentig’s Classes of Victime *Joint Parental Authority - father and mother has
responsibility sa anak, pag may disagreement,
1. The Young father’s decision will prevail. Pag naghiwalay- no
2. The Female child under 7 y/o ang ihihiwalay sa nanay (tender
years doctrine) pag over 7 - pwede sya magdecide.
3. The old
Absence of parents
4. The Mentally Defect
1. Grandparent
5. The Immigrant - baguhan
2. Oldest sibling
6. The Minorities (discriminations)
3. Relative
4. Guardian appointed by the court
*Dependent Child - walang parents, guardian,
custodian at depende sa public or ibang tao
*Abandoned Child - iniwanan kinalimutan ng
parents; hindi na nya nakikita ang parents sa loob
ng 6months na tuloy tuloy sa PD 603; based on RA
9523- 3months
*Neglected child - deliberately unattended or 4. 15 y/o but below 18 y/o bawal magwork ng
inadequately unattended; di nabibigay ang needs 10am-6am
Children as hereby as Zones of Peace in
situation of armed conflict
PD 603
Children shall be given priority during
Youthful Offender Defined - one who over 9
evacuation as a result of armed conflict
y/o but under 12 y/o at the time of commission
of crime (RA 9344 - CICL) RA 9344 - Creating Juvenile and welfare council
under DOJ; Juvenile Justice and welfare act of
9 or under; over 9 and under 15 w/o discernment -
2006; nung una under ito ng DOJ
EXEMPTED ; Over 9 and under 15 w/
discernment - NOT EXEMPTED - cover (CICL and Child at Risk)
RA 7610 RA 10630 - Juvenile Justice and Welfare Council
under DSWD; created Bahay Pagasa - inilipat
Special Protection Act Against Exploitation and
ang pamamalakad ng JJSC from DOJ to DSWD
Discrimination Act
- nagkaroon na ng bahay pagasa
Children - refers to under 18; or over 18 but
unable to fully take care of themselves - both of this laws explain ang minimun age ng
(neglect,cruelty,exploitation or disability) criminal responsibility
Child Prostitution - for money, binebenta ang Exact 15 y/o ang bata ; over 15 and under 18
bata; binubugaw w/O discernment (EXEMPTED ) intervention
Child Trafficking - pnagbebenta ang bata - ibinabalik sa magulang o sa may custody,
pagbinalik (community based intervention); Bahay
Obscene Publication and Indecent shows -
Pag-asa (center based intervention)
kahalayan
- minimun age 12 y/o
RA 7658 - Act Prohibiting the employment of
Children below 15 of age in public and private -ang bata ay nakagawa ng Serious Crime ex.
undertakings Parricide, Murder 12 y/o (considered as neglected
Child) mandatory syang dalhin sa Bahay Pag-asa
Pwede namn mag work ang 15 as long as under
“Intensive Juvenile Intervention and Support Center
direct responsibility by parents ; Essential
(IJISC)
participation hal. Commertial ng diaper baby.
-above 12-15 y/o nakagawa for the 2nd time (IJISC)
Join Parental Responsibility - magulang ng
RA 9231 - Act Prohibiting the Employment
mga bata, magundergo ng counseling both
below 15 years of age in Public and Private
parents and child
Undertakings
Over 15 under 18 w discernment - NOT
HOURS:
(EXEMPTED) diversion - paghindi lalagpas
1. Below 15 - hindi pwede lagpas 24 hours kada ng 6yrs and penalty.
week, hindi pwedeng lagpas 4 hours kada araw
- pag lagpas ng 6y/o or ayaw ng magulang sa
2. 15 y/o but below 18 - hindi lalagpas ng 8 hours diversion - proceed sa prosecution
kada araw at hindi lalagpas 40 hours kada week
authomatic suspension of sentence - hanggat
3. Below 15 y/o hindi pwede mag work 6pm-6am di sya 18, pwedeng manatili sya sa DSWD dun
sya mag sserve ng sentence.
- kahit lagpas na ng 18 as long as below 18 nya Hostage - one who has been held by
nagawa ang crime. Mag stay sya ng hanggang 18 perpetrators against his/her will
pwedeng mas maaga pag maganda ang progress at
Hostage-taker - indi or group who hold
kung ddi nag papakita ng progress or pasaway
another person against their will as their
naeextend sya minsan until 21 y/o.
bargaining chips
TERMS TO REMEMBER
DISPUTE RESOLUTION AND CRISIS/
Stockholm Syndrome - hostage has posistive or
INCIDENT MANAGEMENT
mutual feeling with hostage taker
Crisis Management - expert handling of a
Lima Syndrome - pag ang nanghostage ang
crisis or emergency
naaawa sa kanyang hostage
Emergency - situation is still controllable
London Syndrome - belligerence and non-
Crisis- situation is already beyond normal ccoperation - nanlalaan.
control
Stronghold - location or structure san hinostage
Disaster - if crisis is not controllable
Proof of life - na buhay ang hostage
“Commander should not negotiate, negotiator
Phases of Crisis Management should not command”
1. Proactive - wala pang nangyayare Cardinal Rule in Negotiation
2. Reactive - may nangyayare na During hostage taking situation, the hostage-
taker can either;
3. Post Conflict - tapos na recovery healing na
1. Choose martyrdon, kill the hostage, and commit
5P Crisis Management Model:
suicide
Proactive Phase
2. Less one’s demand to a more achievable
1. Predict proportion and continue negotiation
2. Prepare 3. Surrender to the police
3. Prevent Important to know that the basic policy in Hostage
taking incident is “no concession to hostage takers”
Reactive Phase
-last result is assault
4. Perform
Concession - giving in to the demand
Post Incident Phase
Pay-off - delivery of the ransom
5. Post-Action
Compromise - an agreement or a settlement of
INTRODUCTION TO HOSTAGE TAKING a dispute that is reached by each side making
SITUATION concessions.
Hostage Situation - refers to a set of Negotiable - food, cigar, dribks, alcohol, transfo
circumstances, wherein a suspected law
violator holds a person captive w/ the use of Non-negotiable - weapons, drugs, release of
force and threat of violence while the law prisoner, exchange of hostage.
enforcement officer officers are in close contact
DISPUTE RESOLUTION
with the suspect and his captive
- one of the function of sound policing system
Dispute - disagreement, argument or controversy
that gives rise to a legal proceeding such as
arbitration, mediation, lawsuit.