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Introduction To Criminology Reviewer
criminologists
7:53 AM
criminology
Introduction To Criminology
Introduction To Criminology
Definition of Terms
Abrahamsen - In his crime and human mind, 1945, explained the causes
of crime by his formula "Criminal Behavior equals criminalistic
tendencies plus crime inducing situation divided by the persons
mental or emotional resistance to temptation.
Adolphe Quetelet (1796–1874) - was a Belgian mathematician, astronomer
and statistician, he helped to establish the cartographic school and
positivist schools of criminology which made extensive use of statistical
techniques. Through statistical analysis, Quetelet gained insight into
the relationships between crime and other social factors. Among his
findings were strong relationships between age and crime, as well
as gender and crime.
Alienist - a doctor specializing in the treatment of mental illness.
An expert witness in a sanity trial.
Andrew Von Hirsch - developed the notion of just desert.
Just desert - has five guidelines; 1. treat legal
punishment as a desert; 2. avoid doing harm; 3. sentence
delinquency, not the delinquent; 4. interfere parsimoniously;
5. restrain efforts to prevent crime; modern day
utilitarianism.
Anger - is an emotion characterized by antagonism toward someone or
something you feel has deliberately done you wrong.
Anomie - is a condition in which society provides little moral
guidance to individuals.
Anthropology - is the study of humans, past and present.
Atavism - The return of a trait or recurrence of previous behavior
after a period of absence.
Atavistic Anomaly - physically their throwbacks on the evolutionary
scale to more primitive times, where people were savages.
August Aichhorn - is considered to be one of the founders of psychoanalytic
education. He is remembered for his work with juvenile delinquent and
disadvantaged youth. He believed that imposed discipline and suppression
which were practiced in traditional reformatories yielded few
positive results.
Autophobia - is the specific phobia of isolation; a morbid fear of
being egotistical, or a dread of being alone or isolated.
Monophobia - is an acute fear of being alone and having to
cope without a specific person, or perhaps any person, in
close proximity.
Biometrics - is a technique for identification of people that uses
body characteristics or behavioural traits and is increasingly being
used instead of or in conjunction with other forms of identification
based on something you have (e.g. ID card) or something you know
(e.g. password or PIN).
Bromberg - (crime and mind 1948) criminality is the result of
emotional immaturity. A person is emotionally matured when he has
learned to control his emotion effectively and who live at peace
with himself and in harmony with the standard of conduct which are
acceptable to society. Am emotionally immature person rebels against
rules and regulations, tends to engage in unusual activities and
experience a feeling of guilt due to inferkiority complex.
Brotherhood - an association, society, or community of people linked
by a common interest, religion, or trade.
Cesare Beccaria - founders of the classical school of thought within
criminology.
Cesare Lombroso - an Italian criminologist, founder of the Italian
school of criminology, formulated the theory of anthropological
criminology, essentially stated that criminality was inherited, and
that someone "born criminal" could be identified by physical defects,
which confirmed a criminal as savage, or atavistic.
Charles Darwin - wrote Origin of Species in 1859, kicked off the
scientific revolution, father of evolution.
Charles Goring - author of the influential work The English convict:
a statistical study.
The English convict: a statistical study - It was first
published in 1913, and set out to establish whether there
were any significant physical or mental abormalities among
the criminal classes that set them apart from ordinary men,
as suggested by Cesare Lombroso. He ultimately concluded
that "the physical and mental constitution of both criminal
and law-abiding persons, of the same age, stature, class,
and intelligence, are identical. There is no such thing as
an anthropological criminal type."
Classical School - based on free will; able to make decisions in a
logical way; assumes people are hedonistic.
Conflict Of Culture Theory - by Thorstein Sellin. It was emphasized
in this theory that the multiplicity of conflicting cultures is the
principal source of social disorganization. The high crime and
delinquency rates of certain ethnic or racial group is explained by
their exposure to diverse and incongruent standards and codes of
larger society.
Containment Theory - criminality is brought about by the inability of
the group to contain behavior of its member and that of effective
containment of the individual into the value system and structure of
society will minimize crime.
Copycat Crime - A copycat crime is a criminal act that is modelled or
inspired by a previous crime that has been reported in the media or
described in fiction.
Criminaloid - (from the word "criminal" and suffix -oid, meaning
criminal-like) is a person who projects a respectable, upright facade,
in an attempt to conceal a criminal personality. This type, first
defined by Cesare Lombroso in the later editions of his 1876 work
"the Criminal man".
Criminal Personality - 1. the roots of criminality lie in the way in
which people think and make decisions; 2. criminals think and act
differently from others, even at a very young age; 3. criminals are
irresponsible, 4. deterministic explanations of crime result from
believing the criminal who is seeking sympathy.
Anti-Social Personality - characterized by patterns of
irresponsible and antisocial behavior, as well as
aggressive tendencies.
Cyril Burt - gave the theory of general emotionality. An excess of the
submissive instinct account for tendency of many criminals to be
weak-willed or easily led. Fear and absconding may be due to the
impulse of fear.
Determinism - belief that individual behavior is beyond the control
of the individual; opposite of free will.
Differential Association Theory - Criminal behavior is learnable and
learned in interaction with other deviant persons. Through this
association, they learn not only techniques of certain crimes, but
also specific rationale, motives and so on.
Edwin Sutherland - Differential association theory was
Sutherland's major sociological contribution to criminology;
similar in importance to strain theory and social control
theory. These theories all explain deviance in terms of the
individual's social relationships.
Imitation-Suggestion Theory - by Gabriel Tarde, Delinquency
and crime pattern are learned and adopted. The learning
process either be conscious type copying or unconscious
copying of confronting pattern of behavior.
Differential-Social Disorganization Theory - This is sometimes called
Social Disorganization. There is social disorganization when there is
breakdown, changes, conflict of values between the new and the old,
when there is reduced influence of the social institution over behavior
and when there is declining influence of the solid moral and ethical
front.
Electroencephalogram - recording of electrical activity of the brain;
measures it.
Emile Durkheim - father of sociology. He is a Frenchman, Chief among
his claims is that society is a sui generis reality, or a reality
unique to itself and irreducible to its composing parts. It is
created when individual consciences interact and fuse together to
create a synthetic reality that is completely new and greater than
the sum of its parts.
E. O. Wilson - put forth a theory that differed from earlier theories,
believed that biological factors affect the perception and learning
of social behaviors.
Etiology of Crime - causes of crime.
Eugenics - the science of improving a human population by controlled
breeding to increase the occurrence of desirable heritable characteristics.
Developed largely by Francis Galton as a method of improving the human race.
Free Will - the idea that human beings are free to choose one behavior
or action over another.
Frustration - the feeling of being upset or annoyed, especially because
of inability to change or achieve something.
General Deterrence - involves the effects of legal punishment on
those persons who have not suffered.
Specific Deterrence - involves the effects of legal punishment
on those who have suffered it.
Genetics - the branch in biology that deals with heredity.
Healy - (individual delinquency) crime is the expression of the mental
content of the individual. Frustration of the individual causes
emotional discomfort, personality demands removal of pain and the
pain is eliminated by substitute behavior, that is the start of the
crime delinquency of an individual.
Gianelt Index of Criminality - this crimino-synthesis explains the
reason why a person may commit a crime or inhibit himself from doing so.
Hedonism - pleasure or the absence of pain is the soul good in life.
Henry Maudsley - mental illness and criminal behavior went hand in
hand, crime prone traits were inherited.
Incapacitation - when they are locked up behind bars, they can't commit
anymore crimes.
Italian School Of Criminology - Founded in the end of the 19th century
by Cesare lombroso and 2 of his disciples, Enrico Ferri and Rafael
Garofalo.
Enrico Ferri - an italian criminologist, student of Lombroso,
His work served as the basis for Argentina’s penal code of 1921.
His research led to him postulating theories calling for crime
prevention methods to be the mainstay of law enforcement, as
opposed to punishment of criminals after their crimes had
taken place.
Rafael Garofalo - often regarded as the father of Criminology.
He is a student of Cesare Lombroso.
James Q. Wilson - advocate for special deterrence; ultilitarian.
Jeremy Bentham - founders of the classical school of thought within
criminology. He is a lawyer.
Jukes Family - family of criminals. Descendants are criminally minded
and committed crimes.
Jonathan Edwards Family - opposite of jukes Family,
descendants are good people and attained prominence in
various fields.
Kallikak Family - A Study in the Heredity of Feeble-Mindedness was a
1912 book by the American psychologist and eugenicist Henry H. Goddard.
The work was an extended case study of Goddard's for the inheritance of
"feeble-mindedness," a general category referring to a variety of mental
disabilities including mental retardation, learning disabilities, and
mental illness. Goddard concluded that a variety of mental traits were
hereditary and society should limit reproduction by people possessing
these traits.
Karyotype Studies - examination and comparison of chromosomes.
Kleptomania - a recurrent urge to steal, typically without regard
for need or profit.
Lawrence Kohlberg - pathological jealousy, quick anger reactions, and
the bearing of grudges.
Limbic System - a set of areas in the human brain that integrate a
wide variety of messages from the senses and control goal-oriented
response to environmental and internal stimuli.
Megalomania - is a psychopathological condition characterized by
delusional fantasies of power, relevance, omnipotence, and by inflated
self-esteem.
Mens Rea - The state of mind indicating culpability which is required
by statute as an element of a crime.(Latin) guilty mind.
Miller Lower-Class Culture Conflict Theory - citizens who obey the
street rules of lower class life find themselves in conflict with
the dominant culture.
Moral/Intellectual Stages - deals with how adults morally represent a
reason about the world that they live in.
Morphology - deals with the form and structure of an organism or any
of its parts; measuring different parts of the human head; there is
a meaningful relationship between certain types of physical features
and personality.
Neo-Classical Perspective - stressed that the legal system should
focus exclusively on doing justice; respond to the crime; the
criminal made the rational decision.
Neurosis - condition characterized by anxiety, impulses may
breakthrough and take control.
Amnesia - a partial or total loss of memory. Origin late 18th
century: from Greek amnēsia ‘forgetfulness.’
Delusion - a belief that is not true : a false idea. : a
false idea or belief that is caused by mental illness.
Dementia praecox (a "premature dementia" or "precocious madness")
refers to a chronic, deteriorating psychotic disorder
characterized by rapid cognitive disintegration, usually
beginning in the late teens or early adulthood. It is a term
first used in 1891 in this Latin form by Arnold Pick (1851–1924),
a professor of psychiatry at the German branch of Charles
University in Prague.
Psychosis - severe form of mental disturbance, behavior
impairs or gets in the way of everyday focus, Id takes
control.
Schizophrenia - often linked to criminal behavior,
incoherent thought process, thinking is scrambled and may
have split personalities.
Paranoia - pathological jealousy, quick anger reactions,
and the bearing of grudges.
Penal Couple - is defined as the relationship between perpetrator and
victim of a crime. That is, both are involved in the event.
Penitentiary - repent of wrongdoing and the will to atone for it.
Phobia - an extreme or irrational fear of or aversion to something.
Phrenology - study of the shape of the skull and bumps of
facial features. The study of facial features.
Craniology - the scientific study of the shape and size of
the skulls of different human races. Another term for
Phrenology.
Psychopatic Personality – This is the most important cause of
criminality among youthful offenders and habitual criminals. It is
characterized by infantile level or rescind, lack of conscience,
deficient feeling of affection to others and aggression to environment
and other people.
Physiognomy - to judge, interpret, or assess a person's character or
personality from his or her outer appearance, especially the face.
This study and science was used by Beccaria (1764) and lavater (1175)
to discover the character of a person.
Positivist School - based on determinism; human behavior is controlled
by science.
Positivism - the belief that the classical school of
thought is wrong in explaining what causes crime because
they failed to explain adequately the why portion.
Cesare Lombroso - father of positivism; medical doctor who
wanted to see whether criminals were physically different,
believed in atavistic anomaly.
Psychiatry - the study and treatment of mental illness, emotional
disturbance, and abnormal behavior.
Psychoanalytic - the analysis of human behavior. First laid out by
Sigmund Freud in the 19th century.
Recidivism - elapse into criminal behavior; where you return bac k into
the criminal system.
Regression - a return to an earlier stage of life or a supposed previous
life, especially through hypnosis or mental illness, or as a means of
escaping present anxieties.
Samuel Yochelson - convinced that there is such thing as a criminal
personality.
Schools of Thought - devices for organizing fundamentally differing
views of human nature and relating them to issues surrounding crime
and its control.
Sexual Deviation - a type of mental disorder characterized by a
preference for or obsession with unusual sexual practices.
Exhibitionism - a mental condition characterized by the
compulsion to display one's genitals in public.
Fetishism - is sexual attraction to objects, situations, or
body parts not traditionally viewed as sexual.
Paraphilia - a condition characterized by abnormal sexual
desires, typically involving extreme or dangerous activities.
Pedophilia - sexual feelings directed toward children.
Sadomasochism - is the giving or receiving of pleasure,
sometimes sexual, from acts involving the infliction or
reception of pain or humiliation.
Sadism - the tendency to derive pleasure, especially sexual
gratification, from inflicting pain, suffering, or humiliation
on others.
Transvestism (also called transvestitism) - is the practice
of dressing and acting in a style or manner traditionally
associated with another gender.
Masochism - the tendency to derive pleasure, especially
sexual gratification, from one's own pain or humiliation.
Voyeurism - Watching others while naked or having sex,
generally without their knowledge; also known as scopophilia
or scoptophilia.
Zoophilia - is a paraphilia involving cross-species sexual
activity between human and non-human animals or a fixation
on such practice.
Shaw and Mckay's Ecological Theory - crime is a product of transitional
neighborhoods that manifest social disorganization and value conflict.
Sigmund Freud - austrian psychiatrist; his approach: crime is but
one form of deviance.
ID - contains the inner world of the individual's inborn
instincts and reflexes.
Ego - represents the real world of the individual's
conscious reason and common sense.
Superego - inner world of the individual's ideal
expectations and conscience; the conceptions of what the
individual considers to be morally good.
Social Bond Theory - relation between social factors and individual
activities; individuals become free to commit crimes when their ties
to society are broken.
Spiritual School - based on determinism; human behavior is determined
by God or demons or Satan.
Stanton Samenow - convinced that there is such thing as a
criminal personality.
Thomas Hobbes - he believed that man is egotistical and self-centered;
if he thought he could get away with it, then he would commit the crime.
Type of Physique
Ectomorph - a person with a lean and delicate body build. Are
tall and thin and less social and more intellectual.
Mesomorph - a person with a compact and muscular body build.
Have well-developed muscles and an athletic appearance. They
are active, aggressive, sometimes violent, and more likely
to become criminals.
Endomorph - a person with a soft round body build and a
high proportion of fat tissue. Have heavy builds and are
slow moving. They arte known for lethargic behavior
rendering them unlikely to commit violent crime and more
willing to engage in less strenuous criminal activities such
as fencing stolen property.
Typology of Crime - involve classifying offenses or offenders according
to some criteria of relatedness or similarity.
Utilitarianism - the belief that legal punishments serve two vital
functions: 1. deterring persons from committing the crimes and
2. protecting society from those wholes acts threaten the social order;
the greatest good for the greatest number.
William Sheldon - an American psychologist who created the field of
somatotype and constitutional psychology that tried to correlate body
types with behavior,intelligence, and social hierarchy through his
Ivy league nude posture photos.
Temperament
Viscerotonic - Coined by WH Sheldon, from viscera + -o- +
tonic. Designating a personality type characterised as
sociable, easy-going, and comfort-seeking.
Somatonic - active, dynamic; walks, talks, gestures
assertively and behaves aggressively.
Cerebrotonic - Introvert and full of functional complaints
to allergies, skin troubles, chronic fatigue, insomia,
insensitive skin, and to noise, shrinks from crowds.
XYY Syndrome - these people are very tall and disproportionate;
more inclined to commit crimes.
Institutional Corrections
criminologists
11:39 AM
criminology
Institutional Corrections
Institutional Corrections
Definition Of Terms
Alcatraz - a US federal penitentiary, Often referred to as "The Rock",
the small island of alcatraz was developed with facilities for a lighthouse,
a military fortification, a military prison (1868), and a federal prison
from 1933 until 1963.
Alexander Maconochie - was a Scottish naval officer, geographer, and
penal reformer. He is known as the Father of Parole.
His 2 Basic Principle of Penology
1. As cruelty debases both the victim and society, punishment
should not be vindictive but should aim at the reform of
the convict to observe social constraints, and
2. A convict's imprisonment should consist of task, not time
sentences, with release depending on the performance of a
measurable amount of labour.
Auburn Prison - Constructed in 1816 ,(opened 1819) it was the second
state prison in New York, the site of the first execution by electric
chair in 1890. It uses the silent or congregate system.
Banishment - a punishment originating in ancient times, that required
offenders to leave the community and live elsewhere, commonly in the
wilderness.
BJMP - (Bureau of Jail Management and Penology) government agency
mandated by law (RA 6975) to take operational and administrative control
over all city, district and municipal jails.
It takes custody of detainees accused before a court who are temporarily
confined in such jails while undergoing investigation, waiting final
judgement and those who are serving sentence promulgated by the court
3 years and below.
- created Jan. 2, 1991.
- Charles S. Mondejar - 1st BJMP chief.
- BJMP chief tour of duty, must not exceed 4 years, maybe
extended by President. Grounds:
1. In times of war
2. other national emergencies.
- Senior superintendent - the rank from which the BJMP chief
is appointed. This is the rank of the BJMP Directors of
the Directorates in the National Headquarters. This is also
the rank of the Regional Director for Jail Management
and Penology.
- Chief of the BJMP - Highest ranking BJMP officer. Appointed
by the President upon recommendation of DILG Secretary. Rank
is Director.
- BJMP Deputy Chief for Administration - the 2nd highest ranking
BJMP officer. Appointed by the President upon recommendation
of the DILG Secretary. Rank is Chief Superintendent.
- BJMP Deputy Chief for Operations - the 3rd highest ranking
BJMP officer. Appointed by the President upon recommendation
of the DILG Secretary. Rank is Chief Superintendent.
- BJMP Chief of the Directorial Staff - the 4th highest BJMP
officer. Appointed by the President upon recommendation of
the DILG Secretary. Rank is Chief Superintendents.
Borstal - a custodial institution for young offenders.
Borstal System - rehabilitation method formerly used in Great Britain for
delinquent boys aged 16 to 21. The idea originated (1895) with the
Gladstone Committee as an attempt to reform young offenders. The first
institution was established (1902) at Borstal Prison, Kent, England.
Branding - stigmatizing is the process in which a mark, usually a symbol
or ornamental pattern, is burned into the skin of a living person, with
the intention that the resulting scar makes it permanent as a punishment
or imposing masterly rights over an enslaved or otherwise oppressed person.
Bridewell Prison and Workhouse - was the first correctional institution
in England and was a precursor of the modern prison. Built initially as
a royal residence in 1523, Bridewell Palace was given to the city of
London to serve as the foundation for as system of Houses of Correction
known as “Bridewells.” These institutions, eventually numbering 200 in
Britain, housed vagrants, homeless children, petty offenders,
disorderly women, prisoners of war, soldiers, and colonists sent
to Virginia.
Bridewell Prison and Hospital - was established in a former royal palace
in 1553 with two purposes: the punishment of the disorderly poor and
housing of homeless children in the City of London.
Bureau of Corrections - has for its principal task the rehabilitation
of national prisoners, or those sentenced to serve a term of imprisonment
of more than three years.
- has 7 prison facilities
- 1 prison institution for women
- 1 vocational training centre for juveniles.
- Classification Board - classifies inmates according to
their security status.
- Reception and Diagnostic Centre - (RDC) receives, studies
and classifies inmates committed to Bureau of Corrections.
- Board of Discipline - hears complaints and grievances with
regard to violations of prison rules and regulations.
- Iwahig Penal Farm - established in 1904 upon orders of Gov.
Forbes, then the Sec. of Commerce and police.
- New Bilibid Prison - established in 1941 in Muntinlupa
Camp Bukang Liwayway - minimum security prison.
Camp Sampaguita - medium security prison
- Davao penal Colony - established jan 21, 1932 (RA 3732)
- Sablayan Penal Colony and Farm - established Sept.27, 1954
(Proclamation No.72) location:Occidental Mindoro
- Leyte Regional Prison - established Jan.16, 1973
- Old Bilibid Prison - First Penal Institution in the Phil.
designated as insular penitentiary by Royal Decree in 1865.
Burning at Stake - a form of ancient punishment by tying the victim
in a vertical post and burning him/her.
Cesare Beccaria - an Italian criminologist, jurist, philosopher and
politician best known for his treaties On Crimes and Punishments (1764),
which condemned torture and the death penalty, and was a founding work
in the field of penology and the Classical School of criminology
Charles Montesquieu - a french lawyer, who analyzed law as an expression
of justice. He is famous for his articulation of the theory of separation
of powers, which is implemented in many constitutions throughout the world.
Code of Justinian - formally Corpus Juris Civilis (“Body of Civil Law”),
Justinian I the collections of laws and legal interpretations developed
under the sponsorship of the Byzantine emperor Justinian I from AD
529 to 565.
Commitment Order - is an act of sending a person to prison by means of
such a warrant or order.
Correctional Administration - the study and practice of a system of
managing jails and prisons and other institutions concerned with the
custody, treatment and rehabilitation of criminal offenders.
Corrections - describes a variety of functions typically carried out
by government agencies, and involving the punishment, treatment, and
supervision of persons who have been convicted of crimes.
Death Row - refers to incarcerated persons who have been sentenced to
death and are awaiting execution.
Deterrence - as contended by Cesare Beccaria, proponent of the
classical theory, that punishment is to prevent others from
committing crime.
District Jail - is a cluster of small jails, each having a monthly
average population of ten or less inmates, and is located in the
vicinity of the court.
Draco - was the first legislator of ancient Athens, Greece, 7th century
BC. He replaced the prevailing system of oral law and blood feud by a
written code to be enforced only by a court.
Ducking Stool - a chair fastened to the end of a pole, used formerly
to plunge offenders into a pond or river as a punishment.
Dungeon - a dark cell, usually underground where prisoners are confined.
Elmira Reformatory - located in new York, was originally a prison opened
to contain Confederate prisoners of war during the Civil War. It became
known as a “death camp” because of the squalid conditions and high death
rate in its few years of operation. Established 1876.
Elmira System - An American penal system named after Elmira Reformatory,
in New York. In 1876 Zebulon R. Brockway became an innovator in the
reformatory movement by establishing Elmira Reformatory for young felons.
The Elmira system classified and separated various types of prisoners,
gave them individualized treatment emphasizing vocational training and
industrial employment, used indeterminate sentences.
Ergastulum - is a Roman prison used to confine slaves. They were attached
to work benches and forced to do hard labor in period of imprisonment.
Exemplarity - the criminal is punished to serve as an example to others
to deter further commission of crime.
Expiation - (Atonement) execution of punishment visibly or publicly for
the purpose of appeasing a social group. Expiation is a group vengeance
as distinguished from retribution.
First Women's Prison - opened in Indiana 1873. Based on the reformatory
model.
Four Classes of Prisoners
1. Insular or national prisoner – one who is sentenced to a prison term
of three years and one day to death;
2. Provincial prisoner – one who is sentenced to a prison term of six
months and one day to three years;
3. City prisoner – one who is sentenced to a prison term of one day
to three years; and
4. Municipal Prisoner – one who is sentenced to a prison term of one
day to six months.
Flogging - (Flog) beat (someone) with a whip or stick as a punishment.
Fred T. Wilkinson - last warden of the Alcatraz prison.
Galley - a low, flat ship with one or more sails and up to three banks
of oars, chiefly used for warfare or piracy and often manned by slaves
or criminals.
Goals of Criminal Sentencing
1. Retribution
2. Punishment
3. Deterrence
4. Incapacitation
5. Rehabilitation
6. Reintegration
7. Restoration
Golden Age Of Penology - 1870 - 1880
Guillotine - an ancient form of capital punishment by cutting the
head.
Halfway House - a center for helping former drug addicts, prisoners,
psychiatric patients, or others to adjust to life in general society.
Hammurabi's Code - an ancient code which contain both civil and criminal
law. First known codified law prior to Roman law. Better organized and
comprehensive than biblical law. One of its law is lex taliones (an eye
for an eye)
Hedonism - the ethical theory that pleasure (in the sense of the
satisfaction of desires) is the highest good and proper aim of human life.
Hulk - an old ship stripped of fittings and permanently moored,
especially for use as storage or (formerly) as a prison.
Impalement - (Impaling) a form of capital punishment, is the penetration
of an organism by an object such as a stake, pole, spear or hook, by
complete (or partial) perforation of the body, often the central body mass.
Killing by piercing the body with a spear or sharp pole.
Institutional Corrections - refers to those persons housed in secure
correctional facilities.
Jail - is defined as a place of confinement for inmates under investigation
or undergoing trial, or serving short-term sentences
Gaol - old name/term of jail.
Three Types of Detainees
1. Those undergoing investigation;
2. those awaiting or undergoing trial; and
3. those awaiting final judgment
Jails - holds
a. Convicted offenders serving short sentences
b. Convicted offenders awaiting transfer to prison
c. Offenders who have violated their probation or parole
d. Defendants who are awaiting trial
James V. Bennett - was a leading American penal reformer and prison
administrator who served as director of the Federal Bureau of Prisons
(FBOP) from 1937 to 1964. He was one of the strongest advocates in the
movement in persuading Congress to close Alcatraz and replace it with
a new maximum-security prison, eventually successful in 1963 when
it closed.
Jean Jacques Villain - pioneered classification to separate women and
children from hardened criminals.
Jeremy Bentham - a prison reformer, believed that the prisoner should
suffer a severe regime, but that it should not be detrimental to the
prisoner's health. He designed the Panopticon in 1791.
John Howard - a philanthropist and the first English prison reformer.
Justice - crime must be punished by the state as an act of retributive
justice, vindication of absolute right and moral law violated by the
criminal.
lapidation - (Stoning) the act of pelting with stones; punishment
inflicted by throwing stones at the victim.
Lex Taliones - an eye for an eye, a tooth for a tooth.
Lockups - Suspects usually stay in a lockup for only 24 to 48 hours.
A suspect may later be transferred from the lockup to the jail.
Mamertine Prison - was a prison (carcer) located in the Comitium
in ancient Rome. It was originally created as a cistern for a spring
in the floor of the second lower level. Prisoners were lowered through
an opening into the lower dungeon.
Mark System - developed in Australia by Alexander Maconochie, whereby
credits, or marks, were awarded for good behaviour, a certain number of
marks being required for release.
Mittimus - is a process issued by the court after conviction to carry
out the final judgment, such as commanding a prison warden to hold the
accused, in accordance with the terms of the judgment. Mittimus is
often attached on the commitment order issued by the court whenever the
convict is to be transferred to prison for service of sentence.
Mortality rate - A measure of the frequency of deaths in a defined
population during a specified interval of time.
Mutilation or maiming - an ancient form of punishment, is an act of
physical injury that degrades the appearance or function of any living
body, sometimes causing death.
National Prisons Association - was organized in Cincinnati in 1870.
Neo-Classical - children and lunatics should not be punished as they
cannot calculate pleasure and pain.
Classical Theory - pain must exceed pleasure to deter crime.
All are punished regardless of age, mental condition, social
status and other circumstances.
Positivist Theory - criminal is a sick person and should be
treated and not punished.
Eclectic - it means selecting the best of various styles
or ideas.
Newgate Prison - not a real prison but an abandoned copper mine of
Simsbury Connecticut. Inmates are confined underground (Black hole
of horrors).
Operational capacity - the number of inmates that can be accommodated
based on a facility's staff, existing programs, and services.
Panopticon - a prison design, allowed a centrally placed observer to
survey all the inmates, as prison wings radiated out from this
central position.
Parole - refers to criminal offenders who are conditionally released
from prison to serve the remaining portion of their sentence in the
community.
Parole and Probation Administration (PPA) - was created pursuant to
Presidential Decree (P.D.) No.968, as amended, to administer the
probation system. Under Executive Order No. 29221, the Probation
Administration was renamed as the Parole and Probation Administration,
and given the added function of supervising prisoners who, after serving
part of their sentence in jails are released on parole or granted
conditional pardon. The PPA and the Board of Pardons and Parole are
the agencies involved in the non-institutional treatment of offenders.
Penal Management - refers to the manner or practice of managing or
controlling places of confinement such as jails and prisons.
PD No. 603 - was promulgated to provide for the care and treatment of
youth offenders from the time of apprehension up to the termination
of the case.
Under this law, a youth offender is defined as a child, minor
or youth who is over nine years but under eighteen years of
age at the time of the commission of the offence.
Pennsylvania and New York - pioneered the penitentiary movement by
developing two competing systems of confinement. The Pennsylvania
system and the Auburn system.
Pennsylvania System - An early system of U.S. penology in
which inmates were kept in solitary cells so that they could
study religious writings, reflect on their misdeeds, and
perform handicraft work.(Solitary System).
Auburn System - An early system of penology, originating
at Auburn Penitentiary in New York, under which inmates
worked and ate together in silence during the day and were
placed in solitary cells for the evening.(Congregate System)
Penology - a branch of Criminology that deals with prison management
and reformation of criminals.
Poene (latin) - penalty
Logos (latin) - science
Pillory - a wooden framework with holes for the head and hands, in which
offenders were formerly imprisoned and exposed to public abuse.
Prison - which refers to the national prisons or penitentiaries managed
and supervised by the Bureau of Corrections, an agency under the
Department of Justice.
Prison Hulks - (1776-1857) were ships which were anchored in the Thames,
and at Portsmouth and Plymouth. Those sent to them were employed in hard
labour during the day and then loaded, in chains, onto the ship at night.
Prison Reform - is the attempt to improve conditions inside prisons,
aiming at a more effective penal system.
Probation - Probation in criminal law is a period of supervision over
an offender, ordered by a court instead of serving time in prison.
John Augustus - Father of Probation. Augustus was born in Woburn,
Massachusetts in 1785. By 1829, he was a permanent resident
of Boston and the owner of a successful boot-making business.
Father Cook - a chaplain of the Boston Prison visited the courts
and gained acceptance as an advisor who made enquiries into the
circumstances of both adult and juvenile offenders
Provincial Jail - under the office of the Governor. Where the imposable
penalty for the crime committed is more than six months and the same was
committed within the municipality, the offender must serve his or her
sentence in the provincial jail.
Where the penalty imposed exceeds three years, the offender
shall serve his or her sentence in the penal institutions of
the Bureau of Corrections.
Punishment - the infliction or imposition of a penalty as retribution
for an offence.
Quakers - (or Friends, as they refer to themselves) are members of a
family of religious movements collectively known as the Religious
Society of Friends. Many Quakers have worked for reform of the criminal
justice systems of their day. Quakers believe that people can always
change: their focus has been on reforms that make positive change more
likely, such as increased opportunities for education, improved prison
conditions, help with facing up to violent impulses, and much else.
William Penn - founder of the Province of Pennsylvania, the
English North American colony and the future Commonwealth of
Pennsylvania.was the first great Quaker prison reformer.
In his ‘Great Experiment’ in Pennsylvania in the 1680s he
abolished capital punishment for all crimes except murder.
He also stated that ‘prisons shall be workhouses,’ that bail
should be allowed for minor offences’, and ‘all prisons shall
be free, as to fees, food and lodgings’. He provided for
rehabilitation, as he stipulated that prisoners should be
helped to learn a trade, so that they could make an honest
living when they were released.
John Bellers - (1654-1725) was the earliest British Friend to
pay serious and systematic attention to social reform. He
pleaded for the abolition of the death penalty, the first
time this plea had been made. He argued that criminals were
the creation of society itself and urged that when in prison
there should be work for prisoners so that they might return
to the world with an urge to industry.
Elizabeth Fry- (1780-1845) was the most famous of Quaker
reformers, though others were equally influential in raising
public awareness. Reforms such as the separation of women and
children from men and the development of purposeful activity
of work or education came about through pressure from
informed people.
RA 6975 - sec.60 to 65, created the BJMP.
RA 10575 - The Bureau of Corrections Act of 2013.
Rack - a form of torture or punishment wherein pain is inflicted to
to the body through stretching.
Rated Capacity - the number of beds or inmates assigned by a rating
official to institutions within the jurisdiction.
Reformation - the object of punishment in a criminal case is to correct
and reform the offender.
Reformatory Movement - The reformatory movement was based on principles
adopted at the 1870 meeting of the National Prison Association.
The reformatory was designed:
a. for younger, less hardened offenders.
b. based on a military model of regimentation.
c. with indeterminate terms.
d. with parole or early release for favorable progress
in reformation.
Rehabilitation - to restore a criminal to a useful life, to a life in
which they contribute to themselves and to society.
Retribution - punishment inflicted on someone as vengeance for a wrong
or criminal act.
Security Level - A designation applied to a facility to describe the
measures taken, both inside and outside, to preserve security and custody.
The simplest security level categorization is:
a. maximum
b. medium
c. minimum
Maximum - security facilities are characterized by very
tight internal and external security.
Common security measures include: (Maximum)
- A high wall or razor-wire fencing
- Armed-guard towers
- Electronic detectors
- External armed patrol
- A wide, open buffer zone between the outer wall or fence
and the community.
- Restrictions on inmate movement
- The capability of closing off areas to contain riots or
disruptions.
Houses the following inmates:
- Those sentenced to death
- Those sentenced with min. 20 years
- Those remanded inmates/detainees with min. 20 years sentence
- Those whose sentences is under review by SC (min.20 years)
- Those whose sentences is under appeal (min.20 years)
- Those with pending cases
- Those who are recidivist
Ultra-Maximum/Super-Maximum Security Prison - house notorious
offenders and problem inmates from other institutions.
These institutions utilize: Total isolation of inmates,
Constant lockdowns
Medium-security institutions - place fewer restrictions on
inmate movement inside the facility.
Characteristics often include:(Medium)
- Dormitory or barracks-type living quarters
- No external security wall
- Barbed wire rather than razor wire
- Fences and towers that look less forbidding
Houses the following inmates:
- Those sentenced to less than 20 years
Minimum-security prisons - are smaller and more open.
They often house inmates who:
- Have established records of good behavior
- Are nearing release
Characteristics often include:(Minimum)
- Dormitory or barracks living quarters
- No fences
- Some inmates may be permitted to leave during the day
to work or study.
- Some inmates may be granted furloughs
Sing Sing Prison - was the third prison built by New York State. It is
a maximum security prison.
Sir Evelyn Ruggles Brise - was a British prison administrator and
reformer, and founder of the Borstal system.
Sir Walter Crofton - the director of Irish prisons. In his program,
known as the Irish system, prisoners progressed through three stages of
confinement before they were returned to civilian life. The first portion
of the sentence was served in isolation. After that, prisoners were
assigned to group work projects.
Stocks - instrument of punishment consisting of a heavy timber frame with
holes in which the feet and sometimes the hands of an offender can
be locked.
Three major government functionaries involved in the Philippine
correctional system:
1. DOJ
2. DILG
3. DSWD
DOJ - supervises the national penitentiaries through the
Bureau of Corrections, administers the parole and probation
system through the Parole and Probation Administration, and
assists the President in the grant of executive clemency through
the Board of Pardons and Parole.
DILG - supervises the provincial, district, city and municipal
jails through the provincial governments and the Bureau of
Jail Management and Penology, respectively.
DSWD - supervises the regional rehabilitation centres for
youth offenders through the Bureau of Child and Youth Welfare.
Transportation - a punishment in which offenders were transported from
their home nation to one of that nation's colony to work.
Twelve Tables - The Law of the Twelve Tables (Latin: Leges Duodecim
Tabularum or Duodecim Tabulae) was the ancient legislation that stood
at the foundation of Roman law. Established basic procedural rights
for all Roman citizens as against one another
Underground Cistern - a reservoir for storing liquids, underground tank
for storing water. This was also used prison in ancient times.
Utilitarianism - a tradition stemming from the late 18th- and 19th-century
English philosophers and economists Jeremy Bentham and John Stuart Mill
that an action is right if it tends to promote happiness and wrong if
it tends to produce the reverse of happiness—not just the happiness of
the performer of the action but also that of everyone affected by it.
Voltaire - believes that fear of shame is a deterrent to crime.
Walnut Street Jail - opened in 1790 in Philadelphia. Considered the 1st
state prison. Inmates labored in solitary cells and received large
doses of religious training.
Workhouses - European forerunners of the modern U.S. prison, where
offenders were sent to learn discipline and regular work habits.
Zebulon Reed Brockway - was a penologist and is sometimes regarded as
the Father of prison reform and Father of American Parole in the
United States.
Fire Technology And Arson Investigation Reviewer
criminologists
12:20 P M
criminology
Fire Technology
Fire Technology and Arson Investigation
3 State of matter
Solid
Liquid
Gas
4 General Categories Of Heat Energy
Chemical Heat Energy
Electrical Heat Energy
Mechanical Heat Energy
Nuclear Heat Energy
Backdraft - a phenomenon in which a fire that has consumed all available
oxygen suddenly explodes when more oxygen is made available, typically
because a door or window has been opened.
Boiling Point - The temperature of a substance where the rate of
evaporation exceeds the rate of condensation.
British Thermal Unit - (BTU) The amount of heat needed to raise the
temperature of one pound of water one degree F.
Calorie - The amount of heat needed to raise the temperature of one
gram of water one degree Centigrade.
Centigrade - (Celcius) On the Centigrade scale, zero is the melting
point of ice; 100 degrees is the boiling point of water.
Chemical Heat Energy
Heat of Combustion - The amount of heat generated by the
combustion (oxidation) process.
Heat of Decomposition - The release of heat from decomposing
compounds. These compounds may be unstable and release
their heat very quickly or they may detonate.
Heat of Solution - The heat released by the mixture of matter
in a liquid. Some acids, when dissolved, give off sufficient
heat to pose exposure problems to nearby combustibles.
Spontaneous Heating - The heating of an organic substance
without the addition of external heat. Spontaneous heating
occurs most frequently where sufficient air is not present
to dissipate the heat produced. The speed of a heating
reaction doubles with each 180 F (80 C) temperature increase.
Classification of Fires
Class A Fire - Fires involving ordinary combustible materials,
such as wood, cloth, paper, rubber and many plastics.
Class B Fires - Fires involving flammable liquids, greases
and gases.
Class C Fires - Fires involving energized electrical equipment.
Class D Fires - Fires involving combustible metals, such as
magnesium, titanium, zirconium, sodium and potassium.
Class K Fires - Class K is a new classification of fire as
of 1998 and involves fires in combustible cooking fuels such
as vegetable or animal fats.
Combustion - is the self-sustaining process of rapid oxidation of a
fuel being reduced by an oxidizing agent along with the evolution of
heat and light.
Dry Chemicals and Halons - method of fire extinguishment, interrupt
the flame producing chemical reaction, resulting in rapid extinguishment.
Electrical Heat Energy
Dielectric Heating - The heating that results from the action
of either pulsating direct current, or alternating current
at high frequency on a non-conductive material.
Heat from Arcing - Heat released either as a high-temperature
arc or as molten material from the conductor.
Heat Generated by Lightning - The heat generated by the
discharged of thousands of volts from either earth to cloud,
cloud to cloud or from cloud to ground.
Induction Heating - The heating of materials resulting from
an alternating current flow causing a magnetic field influence.
Leakage Current Heating - The heat resulting from imperfect
or improperly insulated electrical materials. This is
particularly evident where the insulation is required to
handle high voltage or loads near maximum capacity.
Resistance Heating - The heat generated by passing an
electrical force through a conductor such as a wire or
an appliance.
Static Electricity Heating - Heat released as an arc between
oppositely charged surfaces. Static electricity can be
generated by the contact and separation of charged surfaces
or by fluids flowing through pipes.
Endothermic Heat Reaction - A chemical reaction where a substance
absorbs heat energy.
Exothermic Heat Reaction - A chemical reaction where a substance
gives off heat energy.
Fahrenheit - On the Fahrenheit scale, 32 degrees is the melting point
of ice; 212 degrees is the boiling point of water.
Fire point - The temperature at which a liquid fuel will produce
vapors sufficient to support combustion once ignited. The fire point
is usually a few degrees above the flash point.
Fire Triangle - Oxygen, Fuel, Heat
Fire National Training Institute - (FNTI) the Institution for training
on human resource development of all personnel of the Bureau of Fire
Protection (BFP).
Flame - A gas-phased combustion.
Flammable or Explosive Limit - The percentage of a substance in air
that will burn once it is ignited. Most substances have an upper
(too rich) and a lower (too lean) flammable limit.
Flashover - an instance of a fire spreading very rapidly across a gap
because of intense heat. Occurs when a room or other area becomes
heated to the point where flames flash over the entire surface or area.
Flash Point - The minimum temperature at which a liquid fuel gives
off sufficient vapors to form an ignitable mixture with the air near
the surface. At this temperature, the ignited vapors will flash, but
will not continue to burn.
Fuel - is the material or substance being oxidized or burned in the
combustion process. Material such as coal, gas, or oil that is burned
to produce heat or power.
Fuel Removal - method of fire extinguishment, fire is effectively
extinguished by removing the fuel source. This may be accomplished by
stopping the flow of liquid or gaseous fuel or by removing solid fuel
in the path of the fire or allow the fire to burn until all fuel
is consumed.
Glowing Combustion - A condensed phased combustion.
Heat - the quality of being hot; high temperature. A form of energy
arising from the random motion of the molecules of bodies, which
may be transferred by conduction, convection, or radiation.
Heating - is transfer of energy, from a hotter body to a colder one,
other than by work or transfer of matter.
Heat of Combustion - The amount of heat generated by the combustion
(oxidation) process.
Heat Transfer
Conduction - Conduction is the transfer of energy through
matter from particle to particle. Heat may be conducted from
one body to another by direct contact of the two bodies or
by an intervening heat-conducting medium.
Convection - is the transfer of heat by the actual movement
of the warmed matter. Transfer of heat by the movement of
air or liquid.
Radiation - Electromagnetic waves that directly transport
energy through space.
Ignition Temperature - The minimum temperature to which a fuel in air
must be heated in order to start self-sustained combustion independent
of the heating source.
Heat - The form of energy that raises temperature. Heat is measured
by the amount of work it does.
Heat of Decomposition - The release of heat from decomposing compounds.
These compounds may be unstable and release their heat very quickly or
they may detonate.
Heat of Solution - The heat released by the mixture of matter in a
liquid. Some acids, when dissolved, give off sufficient heat to pose
exposure problems to nearby combustibles.
Mechanical Heat Energy
Frictional Heat - The heat generated by the movement between
two objects in contact with each other.
Friction Sparks - The heat generated in the form of sparks
from solid objects striking each other. Most often at least
one of the objects is metal.
Heat of Compression - The heat generated by the forced
reduction of a gaseous volume. Diesel engines ignite fuel
vapor without a spark plug by the use of this principle.
Nuclear Fission and Fusion - The heat generated by either the
splitting or combining of atoms.
Oxidation - The complex chemical reaction of organic material with
oxygen or other oxidizing agents in the formation of more stable
compounds.
Oxidizing Agents - are those materials that yield oxygen or other
oxidizing gases during the course of a chemical reaction.
Oxygen Dilution - is the reduction of the oxygen concentration to
the fire area.
Phases of Fire
Incipient Phase (Growth Stage)
Free-Burning Phase (Fully Developed Stage)
Smoldering Phase (Decay Stage)
Products of Combustion
Fire gases
Flame
Heat
Smoke
Pyrolysis (also known as thermalde composition) - is defined as the
chemical decomposition of matter through the action of heat.
RA 6975 - created the BFP.
Bureau of Fire Protection (BFP) - administers and enforces
the fire code of the Philippines. The Fire Bureau shall
have the power to investigate all causes of fires and, if
necessary, file the proper complaints with the city or
provincial prosecutor who has jurisdiction over the case.
Chief of the Fire Bureau - rank is Director.
Deputy Chief for Administration of the Fire Bureau - 2nd
highest officer in the BFP. Rank is Chief Superintendent.
Deputy Chief for Operation of the Fire Bureau - the 3rd
highest officer in the BFP. Rank is Chief Superintendent.
Chief of Directorial Staff of the Fire Bureau - 4th highest
officer in the BFP. Rank is Chief Superintendent.
Directors of the Directorates in the respective national
headquarters office - rank is Senior Superintendent.
Regional Director for Fire Protection - The BFP
shall establish, operate and maintain their respective
regional offices in each of the administrative regions of
the country. Rank is Senior Superintendent.
- He/She shall be respectively assisted by the
following officers with the rank of superintendent:
Assistant Regional Director for Administration,
Assistant Regional Director for Operations, and
Regional Chief of Directorial Staff.
Assistant Regional Director for Fire Protection - The
assistant heads of the Department's regional offices - rank
is Senior Superintendent.
District Fire Marshall - the heads of the NCR district offices -
rank is Senior Superintendent.
Provincial Fire Marshall - the heads of the provincial offices -
rank is Superintendent.
District Fire Marshall - heads of the district offices - rank
is Chief Inspector.
Chief of Municipal/City Fire Station - (also called City/
Municipal Fire Marshall) - the heads of the municipal or
city stations - rank is Senior Inspector.
Fire Station - at least one in every provincial capital, city
and municipality.
LGU - (Local Government Unit) - shall provide the site of the
Fire Station.
RA 9263 - this Act shall be known as the "Bureau of Fire Protection
and Bureau of Jail Management and Penology Professionalization Act of 2004.
The BFP is headed by a Chief to be assisted by 2 deputy chief, 1
for administration and 1 for operation, all appointed by the
President upon recommendation of DILG Secretary from among
qualified officers with at least the rank of Senior Superintendent
in the service.
In no case shall any officer who has retired or is retirable
within six (6) months from his/her compulsory retirement age
be appointed as Chief of the Fire Bureau or Chief of the
Jail Bureau.
The Chief of the Fire Bureau and Chief of the Jail Bureau
shall serve a tour of duty not to exceed four (4) years.
The President may extend such tour of duty in times of war
or other national emergency declared by Congress.
RA 9514 - this act shall be known as the fire code of the Philippines
of 2008. An Act establishing a comprehensive fire code of the
Philippines repealing PD 1185 and for other purposes.
Specific Gravity - the density of liquids in relation to water.
Spontaneous Heating - The heating of an organic substance without
the addition of external heat. Spontaneous heating occurs most
frequently where sufficient air is not present to dissipate the
heat produced.
Temperature Reduction - method of extinguishing fire, cooling the fuel
with water to a point where it does not produce sufficient vapor to burn.
Vapor Density - the density of a particular gas or vapor relative
to that of hydrogen at the same pressure and temperature.
Definition of Terms Under RA 9514
Abatement - Any act that would remove or neutralize a fire hazard.
Administrator - Any person who acts as agent of the owner and ma nages
the use of a building for him.
Blasting Agent - Any material or mixture consisting of a fuel and
oxidizer used to set off explosives.
Cellulose Nitrate or Nitro Cellulose - A highly combustible and
explosive compound produced by the reaction of nitric acid with a
cellulose material.
Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance,
materials or compound having cellulose nitrate (nitro cellulose)
as base.
Combustible, Flammable or Inflammable - Descriptive of materials
that are easily set on fire.
Combustible Fiber - Any readily ignitable and free burning fiber such
as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw,
Spanish moss, excelsior and other similar materials commonly
used in commerce.
Combustible Liquid - Any liquid having a flash point at or above 37.8
C (100 F).
Corrosive Liquid - Any liquid which causes fire when in contact with
organic matter or with certain chemicals.
Curtain Board - A vertical panel of non-combustible or fire resistive
materials attached to and extending below the bottom chord of the roof
trusses, to divide the underside of the roof into separate compartments
so that heat and smoke will be directed upwards to a roof vent.
Cryogenic - Descriptive of any material which by its nature or as a
result of its reaction with other elements produces a rapid drop
in temperature of the immediate surroundings.
Damper - A normally open device installed inside an air duct system
which automatically closes to restrict the passage of smoke or fire.
Distillation - The process of first raising the temperature in separate
the more volatile from the less volatile parts and then cooling and
condensing the resulting vapor so as to produce a nearly purified
substance.
Duct System - A continuous passageway for the transmission of air.
Dust - A finely powdered substance which, when mixed with air in the
proper proportion and ignited will cause an explosion.
Electrical Arc - An extremely hot luminous bridge formed by passage
of an electric current across a space between two conductors or
terminals due to the incandescence of the conducting vapor.
Ember - A hot piece or lump that remains after a material has
partially burned, and is still oxidizing without the manifestation of flames.
Finishes - Materials used as final coating of a surface for ornamental
or protective purposes.
Fire - The active principle of burning, characterized by the heat
and light of combustion.
Fire Trap - A building unsafe in case of fire because it will burn
easily or because it lacks adequate exits or fire escapes.
Fire Alarm - Any visual or audible signal produced by a device or
system to warm the occupants of the building or fire fighting
elements of the presence or danger of fire to enable them to
undertake immediate action to save life and property and to suppress
the fire.
Fire Door - A fire resistive door prescribed for openings in fire
separation walls or partitions.
Fire Hazard - Any condition or act which increases or may cause an
increase in the probability of the occurrence of fire, or which
may obstruct, delay, hinder or interfere with fire fighting operations
and the safeguarding of life and property.
Fire Lane - The portion of a roadway or public way that should be kept
opened and unobstructed at all times for the expedient operation of
fire fighting units.
Fire Protective and Fire Safety Device - Any device intended for the
protection of buildings or persons to include but not limited to
built-in protection system such as sprinklers and other automatic
extinguishing system, detectors for heat, smoke and combustion
products and other warning system components, personal protective
equipment such as fire blankets, helmets, fire suits, gloves and other
garments that may be put on or worn by persons to protect themselves
during fire.
Fire Safety Constructions - Refers to design and installation of walls,
barriers, doors, windows, vents, means of egress, etc. integral to and
incorporated into a building or structure in order to minimize danger
to life from fire, smoke, fumes or panic before the building is
evacuated. These features are also designed to achieve, among others,
safe and rapid evacuation of people through means of egress sealed
from smoke or fire, the confinement of fire or smoke in the room or
floor of origin and de lay their spread to other parts of the building
by means of smoke sealed and fire resistant doors, walls and floors.
It shall also me an to include the treatment of buildings components
or contents with flame retardant chemicals.
Flash Point - The minimum temperature at which any material gives off
vapor in sufficient concentration to form an ignitable mixture with air.
Forcing - A process where a piece of metal is heated prior to changing
its shape or dimensions.
Fulminate - A kind of stable explosive compound which explodes by
percussion.
Hazardous Operation/Process - Any act of manufacturing, fabrication,
conversion, etc., that uses or produces materials which are likely
to cause fires or explosion.
Horizontal Exit - Passageway from one building to another or through
or around a wall in approximately the same floor level.
Hose Box - A box or cabinet where fire hoses, valves and other equipment
are stored and arranged for fire fighting.
Hose Reel - A cylindrical device turning on an axis around which a
fire hose is wound and connected.
Hypergolic Fuel - A rocket or liquid propellant which consist of
combinations of fuels and oxidizers which ignite spontaneously on
contact with each other.
Industrial Baking and Drying - The industrial process of subjecting
materials to heat for the purpose of removing solvents or moisture
from the same, and/or to fuse certain chemical salts to form a
uniform glazing the surface of materials being treated.
Jumper - A piece of metal or an electrical conductor used to bypass a
safety device in an electrical system.
Occupancy - The purpose for which a building or portion thereof is
used or intended to be used.
Occupant - Any person actually occupying and using a building or
portions thereof by virtue of a lease contract with the owner or
administrator or by permission or sufferance of the latter.
Organic Peroxide - A strong oxidizing organic compound which
releases oxygen readily. It causes fire when in contact with
combustible materials especially under conditions of high temperature.
Overloading - The use of one or more electrical appliances or devices
which draw or consume electrical current beyond the designed capacity
of the existing electrical system.
Owner - The person who holds the legal right of possession or title
to a building or real property.
Oxidizing Material - A material that readily yields oxygen in
quantities sufficient to stimulate or support combustion.
Pressurized Or Forced Draft Burning Equipment - Type or burner where
the fuel is subjected to pressure prior to discharge into the
combustion chamber and/or which includes fans or other provisions for
the introduction of air at above normal atmosphere pressure into the
same combustion chamber.
Public Assembly Building - Any building or structure where fifty (50)
or more people congregate, gather, or assemble for any purpose.
Public Way - Any street, alley or other strip of land unobstructed
from the ground to the sky, deeded, dedicated or otherwise permanently
appropriated for public use.
Pyrophoric - Descriptive of any substance that ignites spontaneously
when exposed to air.
Refining - A process where impurities and/or deleterious materials are
removed from a mixture in order to produce a pure element of compound.
It shall also refer to partial distillation and electrolysis.
Self-Closing Doors - Automatic closing doors that are designed to
confine smoke and heat and delay the spread of fire.
Smelting - Melting or fusing of metallic ores or compounds so as to
separate impurities from pure metals.
Sprinkler System - An integrated network of hydraulically designed
piping installed in a building, structure or area with outlets
arranged in a systematic pattern which automatically discharges water
when activated by heat or combustion products from a fire.
Standpipe System - A system of vertical pipes in a building to which
fire hoses can be attached on each floor, including a system by which
water is made available to the outlets as needed.
Vestibule - A passage hall or antechamber between the outer doors
and the interior parts of a house or building.
Vertical Shaft - An enclosed vertical space of passage that extends
from floor to floor, as well as from the base to the top of the
building.
Criminal Procedure Reviewer
criminologists
6:57 A M
criminology
Criminal Procedure
Definition of Terms
Affidavit of Desistance - the complainant states that he did not
really intend to institute the case and that he is no longer
interested in testifying or prosecuting.
Appeal - A proceeding for review by which the whole case is
transferred on the higher court.
Appellant - The party appealing
Appellee - The party adverse to the appellant.
Arraignment - It means for bringing the accused into court and
informing him of the nature and cause of the accusation against him.
Arrest - taking a person into custody in order that he may be bound
to answer for the commission of some offense, made by an actual
restraint of the person or by his submission to custody.
Attachment - It is a remedy afforded to the offended party to have
the property of the accused attached as security for the satisfaction
of any judgment that may be recovered from the accused.
Bail - security given for the release of a person in custody of law,
furnished by him or a bondsman, conditioned upon his appearance before
any court as required.
Bail Bond - an obligation under seal given by accused with one or
more sureties and made payable to proper officer with the condition
to be void upon performance by the accused of such acts as he may
legally be required to perform.
Brief - It literally means a short or condensed statement. The purpose
of the brief is to present to the court in concise form the points
and questions in controversy, and by fair argument on the facts and
law of the case, to assist the court in arriving at a just and
proper conclusion.
Capital Offense - It is an offense which, under the law existing at
the time of its commission and of the application for admission to
bail may be punished with death.
Certiorari - is used to correct only errors of jurisdiction and not
errors of judgment of an inferior court.
Confrontation - It is the act of setting a witness face to face with
the accused so that the latter may make any objection he has to the
witness, and the witness may identify the accused, and this must take
place in the presence of the court having jurisdiction to permit the
privilege of cross examination.
Counsel De Officio - He is counsel appointed by the court to represent
and defend the accused in case he cannot afford to employ one himself.
Complaint - sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer or other public
official charged with the enforcement of the law violated.
Continuous Trial System - Trial once commenced shall continue from
day to day as far as practicable until terminated; but it may be
postponed for a reasonable period of time for good cause.
Criminal Action - It is an action by which the State prosecutes a
person for an act or omission punishable by law.
Criminal Jurisdiction - It is the authority to hear and try a
particular offense and impose the punishment for it.
Criminal Procedure - It is the method prescribed by law for the
apprehension and prosecution of persons accused of any criminal offense
and for their punishment, in case of conviction.
Custodial Investigation - Involves any questioning initiated by law
enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way.
Demurrer To Evidence - It is an objection by one of the parties in
an action, to the effect that the evidence which his adversary produced
is insufficient in point of law, whether true or not, to make out a
case or sustain the issue.
Deposition - It is the testimony of a witness taken upon oral
questions or written interrogatories, in open court, but in pursuance
of a commission to take testimony issued by a court, or under a general
law or court rule on the subject, and reduced to writing and duly
authenticated, and intended to be used in preparation and upon the
trial of a civil or criminal prosecution.
Duplicity of the Offense - A complaint or information must charge
only one offense, except when the law prescribes a single
punishment for various offenses.
Error of Judgment - One which the court may commit in the exercise of
its jurisdiction.
Equipose Rule - where the evidence of the parties in a criminal case
are evenly balanced, the constitutional presumption of innocence should
tilt in favor of the accused who must be acquitted.
General Warrant - It is a process which authorizes the search and
seizure of things, in a general manner. It does not specify or
describe with particularity the things to be searched and seized.
This kind of warrant is VOID as it infringes on the constitutional
mandate requiring particular description of the things to be seized.
Habeas Corpus - is available when a person is imprisoned beyond the
maximum penalty imposed by law.
Hearing - It is not confined to trial but embraces the several stages
of litigation, including the pre-trial stage.
Improvident Plea - It is a plea without information as to all the
circumstances affecting it; based upon a mistaken assumption or
misleading information or advice.
Information - accusation in writing charging a person with an offense,
subscribed by the fiscal and filed with the court.
Judgment - adjudication by the court that the accused is guilty or not
guilty of the offense charged, and the imposition of the proper penalty
and civil liability provided by law on the accused.
Mittimus - It is a process issued by the court after conviction to
carry out the final judgment.
Motion To Quash - a hypothetical admission that even if all the facts
alleged were true, the accused still cannot be convicted due to other
reasons.
New Trial - The rehearing of a case already decided but before the
judgment of conviction therein rendered has become final, whereby
errors of law or irregularities are expunged from the record or new
evidence is introduced or both steps are taken.
Nolle Prosequi - is a dismissal of the criminal case by the government
before the accused is placed on trial and before he is called to plead,
with the approval of the court in the exercise of its judicial discretion.
Oath - Includes any form of attestation by which a party signifies that
he is bound in conscience to perform an act faithfully and truthfully.
Parole - the conditional release of an offender from a penal or
correctional institution after he has served the minimum period of his
prison sentence under the continued custody of the state and under
conditions that permit his reincarceration if he violated the conditions
of his release.
Plea Bargaining - process whereby the accused and the prosecution in
a criminal case work out a mutually satisfactory disposition of the
case subject to court approval. It usually involves the defendant's
pleading guilty to a lesser offense or to only some of the counts of
a multi-count indictment in return for a lighter sentence than that
for the greater charge.
Prejudicial Question - It is one which arises in a case, the
resolution of which is a logical antecedent of the issue involved
therein and the cognizance of which pertains to another tribunal.
Preliminary Investigation - inquiry or proceeding to determine if
there is sufficient ground to engender a well-founded belief that a
crime cognizable by the RTC has been committed, and that the respondent
is probably guilty thereof, and should be held for trial.
Pre-Trial Order - It is an order issued by the court reciting the
actions taken, the facts stipulated and the evidence marked
during the pre-trial conference. Such order binds the parties and
limits the trial to those matters not disposed of.
Probable Cause - such facts and circumstances which would lead a
reasonably prudent man to believe that a crime has been committed and
the thing to be searched for and seized is in the place to be searched.
- Such reasons, supported by facts and circumstances,
as will warrant a cautious man in the belief that his action, and the
means taken in prosecuting it, are legally just and proper
Probable Cause For A Search - It is defined as such facts and
circumstances which would lead a reasonably discreet and prudent man
to believe that an offense has been committed and that the objects
sought in connection with the offense are in the place sought to
be searched.
Probable Cause In General - Such facts and circumstances antecedent
to the issuance of the warrant, that are in themselves sufficient to
induce a cautious man to believe that the person against whom the
search warrant is applied had committed or is about to commit a crime.
Probation - disposition under which a defendant after conviction and
sentences, is released subject to conditions imposed by the court and
to the supervision of a probation officer.
Property Bond - It is an undertaking constituted as a lien on the real
property given as security for the amount of the bail.
Provisional Remedy - It is one provided for present need or one that is
adopted to meet a particular exigency.
Reasonable Doubt - state of the case which, after full consideration
of all the evidence, leaves the mind of the judge in such a condition
that he cannot say that he feels an abiding conviction, to a moral
certainty, of the truth of the charge.
Recantation - A Witness who previously gave a testimony subsequently
declares that his statements were not true.
Recognizance - Obligation of record entered into before some court
of magistrate duly authorized to take it, with the condition to do
some particular act, the most usual condition in criminal cases being
the appearance of the accused for trial.
Reduced Bail - A person in custody for a period to or more than the
minimum of the principal penalty prescribed for the offense charged,
without application of the Indeterminate Sentence Law or any modifying
circumstance, shall be released on a reduced bail or on his own
recognizance at the discretion of the court.
Reverse Trial - When the accused admits the act or omission charged in
the complaint/information but interposes a lawful defense, the trial
court may allow the accused to present his defense first and thereafter
give the prosecution the opportunity to present his rebuttal evidence.
Scatter Shot Warrant - It is a warrant that is issued for more than
one offense. It is void, since the law requires that a warrant should
only be issued in connection with one specific offense.
Search - It is an examination of a man’s house, buildings or other
premises, or of his person, with a view to the discovery of some
evidence of guilt to be used in the prosecution of a criminal action
for some offense with which he is charged.
Searching Questions and Answers - Such questions as have the tendency
to show the commission of a crime and perpetrator thereof.
Search Warrant - an order in writing issued in the name of the People
of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and
bring it before the court.
Seizure - It is the physical taking of a thing into custody;
contemplates a forcible disposition of the owner.
State Witness - One of two or more persons jointly charged with the
commission of a crime but who is discharged with his consent as such
accused so that he may be a witness for the state.
Stop and Frisk - A limited protective search of outer clothing for weapon.
Transactional Immunity - witness can no longer be prosecuted for any
offense whatsoever arising out of the act or transaction.
Trial - It is the examination before a competent tribunal according
to the laws of the land, of the facts put in issue in a case for the
purpose of determining such issue.
Trial in Absentia - accused in case of his non-appearance After
Arraignment despite due notice simply means that he thereby waives
his right to meet the witnesses face to face, among others.
Use and Derivative Use Immunity - witness is only assured that his
or her particular testimony and evidence derived from it will not be
used against him or her in a subsequent prosecution.
Criminal Law Reviewer (Book 1)
criminologists
1:55 A M
criminology
Criminal Law Reviewer
Definition of Terms
Abberatio Ictus – mistake in blow.
Absolutory Causes - where the act committed is a crime but for some
reason of public policy and sentiment, there is no penalty imposed.
Exempting and justifying circumstances are absolutory causes.
Accomplices - Persons who do not act as principals but cooperate in
the execution of the offense by previous and simultaneous acts,
which are not indispensable to the commission of the crime. They act as
mere instruments that perform acts not essential to the perpetration
of the offense.
Act – an overt or external act.
Actus Me Invito Factus Non Est Meus Actus – Any act done by me against
my will is not my act.
Agent - subordinate public officer charged w/ the maintenance of public
order and protection and security of life and property.
Aggravating Circumstances - Those which, if attendant in the commission
of the crime, serve to have the penalty imposed in its maximum period
provided by law for the offense or those that change the nature of
the crime.
Generic - those which apply to all crimes.
Specific - those which apply only to specific crimes.
Qualifying - those that change the nature of the crime.
Inherent - which of necessity accompany the commission of the crime,
therefore not considered in increasing the penalty to be
imposed.
Special - those which arise under special conditions to increase
the penalty of the offense and cannot be offset by
mitigating circumstances.
Alternative Circumstances – Those which must be taken into consideration
as aggravating or mitigating according to the nature and effects of
the crime and the other conditions attending its commission.
Amnesty – is an act of the sovereign power granting oblivion or general
pardon. It wipes all traces and vestiges of the crime but does not
extinguish civil liability.
Astucia – (Craft) involved the use of intellectual trickery or cunning
on the part of the accused. A chicanery resorted to by the accused to
aid in the execution of his criminal design. It is employed as a
scheme in the execution of the crime.
Bill Of Attainder – A legislative act which inflicts punishment
without trial.
Commutation – change in the decision of the court by the chief regarding
the degree of the penalty by decreasing the length of the imprisonment
or fine.
Consummated Felonies - when all the elements necessary for its execution
and accomplishment are present.
Continued Crime – refers to a single crime consisting of a series of
acts but all arising from one criminal resolution. Although there is
a series of acts, there is only one crime committed, so only one
penalty shall be imposed.
Crime – acts and omissions punishable by any law.
Criminal law - A branch of municipal law which defines crimes, treats
of their nature and provides for their punishment.
Cruelty – there is cruelty when the culprit enjoys and delights in
making his victim suffer slowly and gradually, causing unnecessary
physical pain in the consummation of the criminal act.
Degree – one whole penalty, one entire penalty or one unit of the
penalties enumerated in the graduated scales provided for in Art. 71
Despoblado – (Uninhabited Place) one where there are no houses at all,
a place at a considerable distance from town, where the houses are
scattered at a great distance from each other.
Discernment - mental capacity to fully appreciate he consequences of
the unlawful act, which is shown by the manner the crime was committed
and conduct of the offender after its commission.
Disfraz (Disguise) – resorting to any device to conceal identity.
Duress - use of violence or physical force.
Dwelling - must be a building or structure exclusively used for rest
and comfort (combination of house and store not included), may be
temporary as in the case of guests in a house or bedspacers. It
includes dependencies, the foot of the staircase and the enclosure
under the house.
En Cuadrilla – (Band) whenever there are more than 3 armed malefactors
that shall have acted together in the commission of an offense.
Entrapment - ways and means are resorted to for the purpose of trapping
and capturing the lawbreaker in the execution of his criminal plan.
Error in personae – mistake in identity.
Exempting Circumstances - grounds for exemption from punishment
because there is wanting in the agent of the crime any of the conditions
which make the act voluntary or negligent.
Ex Post Facto Law - An act which when committed was not a crime,
cannot be made so by statute without violating the constitutional
inhibition as to ex post facto laws.
Felonies – acts and omissions punishable by the Revised Penal Code.
Fence – is a person who commits the act of fencing. A fence who
receives stolen property as above- provided is not an accessory but
a principal in the crime defined in and punished by the Anti-Fencing
Law.
Fencing – is an act, with intent to gain, of buying, selling, receiving,
possessing, keeping, or in any other manner dealing in anything of
value which a person knows or should have known to be derived from the
proceeds of the crime of robbery or theft.
Fraud (fraude) – insidious words or machinations used to induce the
victim to act in a manner which would enable the offender to carry
out his design.
Good conduct allowance during confinement – Deduction for the term of
sentence for good behavior.
Habitual Delinquency or Multi-recidivism – Where a person within a
period of ten years from the date of his release or last conviction
of the crimes of serious or less serious physical injuries, robbery,
theft, estafa or falsification, is found guilty of the said crimes a
third time or oftener. This is an extraordinary aggravating
circumstance.
Habitual Delinquent - A person who, within a period of ten years
from the date of his release or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa,
or falsification, is found guilty of any said crimes a third time or
oftener.
Ignominy – is a circumstance pertaining to the moral order, which
adds disgrace and obloquy to the material injury caused by the crime.
Imbecile - one while advanced in age has a mental development comparable
to that of children between 2 and 7 years old. He is exempt in all
cases from criminal liability.
Insane - one who acts with complete deprivation of intelligence/reason
or without the least discernment or with total deprivation of freedom
of will. Mere abnormality of the mental faculties will not exclude
imputability.
Instigation - Instigator practically induces the would-be accused into
the commission of the offense and himself becomes a co-principal.
Insuperable Clause - some motive, which has lawfully, morally or
physically prevented a person to do what the law commands.
Irresistible Force - offender uses violence or physical force to
compel another person to commit a crime.
Justifying Circumstances - where the act of a person is in accordance
with law such that said person is deemed not to have violated the law.
Mistake of Fact - misapprehension of fact on the part of the person
who caused injury to another. He is not criminally liable.
Mitigating Circumstances - those which if present in the commission
of the crime reduces the penalty of the crime but does not erase
criminal liability nor change the nature of the crime.
Nullum Crimen, Nulla Poena Sine Lege – There is no crime when there is
no law punishing it.
Obscuridad – (Night time) that period of darkness beginning at the end
of dusk and ending at dawn.
Omission – failure to perform a duty required by law.
Pardon – an act of grace proceeding from the power entrusted with the
execution of laws, which exempts the individual from the punishment
the law inflicts for the crime.
Parole – consists in the suspension of the sentence of a convict after
serving the minimum term of the indeterminate penalty, without granting
pardon, prescribing the terms upon which the sentence shall be
suspended. In case his parole conditions are not observed, a convict
may be returned to the custody and continue to serve his sentence
without deducting the time that elapsed.
Penalty – suffering inflicted by the State for the transgression
of a law.
Period – one of 3 equal portions, min/med/max of a divisible penalty.
A period of a divisible penalty when prescribed by the Code as a
penalty for a felony, is in itself a degree.
Person In Authority - public authority, or person who is directly
vested with jurisdiction and has the power to govern and execute
the laws.
Plurality Of Crimes – consists in the successive execution by the same
individual of different criminal acts upon any of which no
conviction has yet been declared.
Praetor Intentionem - lack of intent to commit so grave a wrong.
Prescription Of A Crime – is the loss/forfeiture of the right of the
state to prosecute the offender after the lapse of a certain time.
Prescription Of Penalty - means the loss/forfeiture of the right of
government to execute the final sentence after the lapse of a
certain time.
Probation - a disposition under which a defendant after conviction and
sentence is released subject to conditions imposed by the court and to
the supervision of a probation officer.
Proximate Cause - the cause, which in the natural and continuous
sequence unbroken by any efficient intervening cause, produces the
injury, without which the result would not have occurred.
Quasi-Recidivism – Where a person commits felony before beginning to
serve or while serving sentence on a previous conviction for a
felony. This is a special aggravating circumstance.
Rank - The designation or title of distinction used to fix the
relative position of the offended party in reference to others
(There must be a difference in the social condition of the offender
and the offended party).
Recidivism – Where a person, on separate occasions, is convicted of
two offenses embraced in the same title in the RPC. This is a
generic aggravating circumstance.
Recidivist – one who at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime
embraced in the same title of the RPC.
Reiteracion or Habituality – Where the offender has been previously
punished for an offense to which the law attaches an equal or greater
penalty or for two crimes to which it attaches a lighter penalty.
This is a generic aggravating circumstance.
Stand Ground When in The Right - the law does not require a person
to retreat when his assailant is rapidly advancing upon him with a
deadly weapon.
Treachery – when the offender commits any of the crimes against the
person, employing means, methods or forms in the execution thereof
which tend directly and specially to insure its execution without
risk to himself arising from the defense which the offended party
might make.
Uncontrollable Fear - offender employs intimidation or threat in
compelling another to commit a crime.
Unlawful Entry - when an entrance is effected by a way not intended
for the purpose.
Youthful offender – over 9 but under 18 at time of the commission
of the offense.
Criminal Justice System Definition Of Terms
4 Principal MethodsOf ImplementingThe PunitivePolicyUsedDuringThe HistoryOf Mankind
1. Physical Torture
2. Social Degradation
3. Financial Loss
4. Removal fromthe groupby death,exile or imprisonment.
Alphonse Bertillon –One whooriginatedasystemof classifyingcriminalsaccordingtobodilymeasurements.
AncientRome – A nationwho pioneeredbanishmentasa formof punishment.
ApproachesToThe ExplanationOf Crime
1. Subjective Approach
2. Objective Approach
Subjective Approach
1. Anthropological Approach
2. Medical Approach
3. Biological Approach
4. Physiological Approach
5. Psychological Approach
6. PsychiatricApproach
7. Psycho-Analytical Approach
Objective Approach
1. GeographicApproach
2. Ecological Approach
3. EconomicApproach
4. Sociological andCultural Approach
Australia– A place where afterthe AmericansgainedtheirindependencefromEnglandin1786, the prisonersof England
were transferreduntil 1867.
Autophobia–It isa morbidfearof one'sself or of beingalone.
Berlin– The country where the lastburningatthe stake wasmade until 1786.
Biology – Isthe studyof livingthings.The science thatdealswiththe origin,history,physical characteristics,life,processe
habitsetc.of plantsandanimals.
Classical School –This school of penologywhichBeccariamade of the firstsignificantcontributionsandtowhichRoussea
MontesquieuandVoltairebelongedmaintainedthe doctrineof psychological hedonism,thatthe individual calculates
pleasuresandpainsinadvance of actionand regulateshisconductbythe resultsof hiscalculations.Thatsince punishme
mustbe one that can be calculated,itmustbe same forall individual regardlessof age,mentality,social orother
conditions.
Criminalistics –Sumtotal of the applicationof all sciencesincrime detection.A criminal commitscrime bymeansof thing
or he leavessomethinginthe crime scene.
These Physical Evidence IncludeButNotLimitedToThe Following
1. Bloodand Bloodstain
2. Firearmsand otherdeadlyweapons
3. Fingerprintsandfootprints
4. Tool marksand many more
Criminal Etiology –Isan attemptat scientificanalysisof the causesof crime.
Criminological Schools -
1. Cartographical School
2. The SocialistSchool
3. The PsychiatricSchool
4. Sociological andSocial-Psychological School.
DavidW. Maurer – AnAmericanauthorityinpolice matterswhoinhisbooks“The BigCon – 1940” once saidthe domina
culture wouldcontrol the predatorycultureswithoutdifficultyandwhatismore,itcouldexterminate themfornocrimin
subculture canoperate continuouslyandprofessionallywithoutthe connivance of the law.
DivisionsOf Criminalistics -
1. Scientific- a. Chemistry
b. Physics
c. Biology
2. Technological –a. QuestionedDocumentExamination
b. FirearmsIdentification
c. FingerprintIdentification
ItalianTheory – Dr. Cesare Lombroso
3 Classesof Criminals
1. Born Criminals –Atavism
2. Insane Criminals –Idiots,imbecile,dementia,paralysis,pelagnoetc.
3. Criminaloids –Notborn withphysical stigmabutwhoare of such mental makeup
that theydisplayanti social conduct.Criminaloids are personssufferingfrompsychological defec
Proponents/Pioneerof Italiantheory
1. Dr. Cesare Lombroso
2. Enrico Ferri
3. Garofalo
JohnHoward – The greatprisonreformerwhowrote “The state of prisonsinenglandin1777 aftera personal investigatio
of practicallyall the prisonsinEngland.
Middle Of The 16th Century – The periodwhenthe firsthouse of correctionappearedinEnglandonthe petitionof Bisho
Ridleyof Londonforhelpindealingwiththe sturdyvagabondsof the city.The Kinggave his place at Bridewelltobe one o
the hospitalsof the cityfor lewdandidle anda place forthe employmentof the unemployedandthe trainingof children
ModernTrend InCriminologyAndPenology –Isthat the offenderinsocietyregardlessof the gravity of the offensemust
correctedand rehabilitatedforeventual returntothe community.
Neo-Classical School –Thisschool arose at the time of the Frenchrevolutionandthe periodimmediatelyfollowing,
maintainedthatwhile the classical school wascorrectingeneral,itshouldbe modifiedincertaindetailssince childrenan
lunaticcan not calculate pleasuresandpain,theyshouldnotbe regardedascriminalsorto be punished.
PEACE – Philippine Educator'sAssociationforCriminologyEducation,January15,1983.
Penology –Concernedwiththe control andpreventionof crime andthe treatmentof youthful offenders.
Phenomenon –Anyextremelyunusual orextraordinarythingoroccurrence.
Philippine College Of Criminology –AtSta. Cruz Manila,FormerlyknownasPlaridel College,1950's.
Founders:
1. ManilaPolice MajorEliseoVibar
2. Dr. PedroSolisof NBI
3. SC Associate Justice FelixBautistaAngelo
PeterRentzel –A private personwhoin1669 establishedaworkhouse inhamburg at hisownexpense because he had
observedthatthievesandprostitutesweremade worse insteadof betterbypilloryandhe hopedthattheymightbe
improvedbyworkandreligiousinstructioninthe workhouse.
Police/LawEnforcement –The core of the criminal justice systemorthe institutionwhichthe othermachineriesof the
criminal justice systemare developed.
Positive School –Thisschool deniedindividual responsibilityandreflectedanessentiallynonpunitivereactiontocrime an
criminality.The adherentsof thisschool maintainedthatacrime as any otheract is a natural phenomenonlike tornado,
floodetc.
Principal DivisionOf Criminology -
1. Criminal Etiology
2. Sociologyof Law
3. Penology
Social Contract Theory – It isbasedon the principle thatitisthe obligationof the state toprotectand provide safetyof th
people andtopromote the happinessof itsconstituentmembers.Inreturnforthese services,itisthe obligationof the
individualmembertosurrenderasmall portionof hisnatural libertyinobedience tothe validlawsof the state.
Social Control Theory – Since man hasenjoyedfreelythe protectionandsecurity,itisnecessaryforthe state toassume
some sort of control overthe behaviorof the memberssothatthe greatest happinessforthe majoritycanbe obtained.
SociologyOf Law – Is an attemptat scientificanalysisof the conditionsunderwhichpenal/criminal lawsdevelopasa
processof formal social control.
TheoriesUnderlyingCriminal LawInRelationToMan
1. Classical Theory
2. Neo-Classical Theory
3. The Positive andItalianTheory
*The behaviorsystemincrime maybe describedbyits3 principal characteristicsexcept“itisnotmerelyanaggregationo
individualscriminalacts”.
 The maintenance of peace andorder is the jointandseveral responsibilityof manandhisgovernment.Canbe
describedbythe followingtheories:
1. Social Contract Theory
2. Social Control theory
Human Behavior and Crisis Management Definition of Terms
2 BasicInstinct/Impulse
1. Eros – life instinct–preservationof life
2. Thanatos– Deathinstinct
3 Possible CausesOf Crime AndDelinquency
1. Conscience sooverbearing –strong
2. WeakConscience
3. Desire forimmediate gratificationof needs
3 ComponentsOf The HumanPersonality
1. ID
2. Ego
3. SuperEgo
3 DimensionOf PersonalityRelatedToCriminal Behavior –
EysencksTheory
1. Psychotism
2. Extroversion
3. Neurotism
46 Chromosomes –normal person.
Female –XX on 23rd chromosomes
Male - XY on 23rd chromosomes
Anal – Anusisthe source of gratification.
Basic conceptOf The CrisisTheory
1. Equilibrium
2. Time
3. Change
Behavior-
1. Overt– directlyseen
2. Covert– motives,emotions
Catatonic– wax – motor disorder,will stayinone positionforalongperiodwithoutmoving,harmless.
Change – the resultof crisisonindividual.
Coprolalia–obtainingof sexual pleasure byusingorhearingcertaindirtywords
Criminal Psychology –Human conductagainstcriminal laws.
Crisis– A state provokedwhenaprocessfacesobstacle,hazardto importantlife goalsthatisfora time insurmountable
throughthe utilizationof customarymethodof problemsolving.
Delusion –erroneosbelief
1. Delusionof persecution
2. Delusionof grandeur–you feel asa powerful person
Dyspareunia–painful intercourse
Ego – Incharge withreality.
ElectraComplex –For female,female childdevelophatredtothe motherbutsexual attractiontothe father.
Equilibrium–state of balance or adjustmentbetweenopposite ordivergentinfluences.
Exhibitionism–exposureof genitalsinpjublic.
Extroversion –sensationseeking,anventurous,dominant,assertive.
Faotreurism–rubbinggenitalstootherperson.
Fetishism/Fatalism –sex objectsare not human.
Frigidity –inabilitytohave sexual arousal andenjoycoitus.
GeneticBasisOf Criminology –badseedtheory.
Genital – Withotherperson.
Gonorrhea– infectionof genitalsacquiredthroughsexualcontacts.
Symptoms
1. Inflammation
2. Discharge of white,yellow oryellowishgreen fluid
fromthe urethra
3.Burningsensationwhenurinating
Treatment– injectionof penicillin
Halucination –perceive somethingwithoutrealisticbasis.
Hebephrenic– harmless,excessivewithdrawal fromhumancontact,characterizedbysillinessandchildlike mannerism.
Herpes– infectionof the genetalsacquiredafter2-20days of sexual contactwiththe carrier.
Symptoms
1. Sores,ruptures,andblisters
2. It isrecurrent
Treatment– no sure cure yet
Histrionic– characterizedbhyoverreactivity.OA
Homosexuality –sexual attractionandrelationshipwiththe personof the same sex.
ID – Basedon pleasure principle.Animal instinct.
Incest– sex withclose relative
Insanity – Symptoms
1. Halucination
2. Delusion
Klismaphilia–eroticactivityinvolvingthe anal region
Masochism– he isthe one beinghurt.
Mental disorder– isinsanity.Isknownassevere psychosis,alsocalledschizophrenia.
Narcisism– love of one'sself
NarcisisticPersonality–inflatedego,“mataasangpagtinginsasarili”
Necrophilia–sex witha corpse
Neurotism–lowself esteem,moodswings,excessive anxiety.
OedipusComplex –Formale,male childdevelophatredtothe fatherbutsexual attractiontothe mother.
Oral – Mouth is source of gratification.Frombirthupto 3 years.
Paranoid – characterizedbyextreme suspiciousness,mostdangerous.
ParanoidPersonality –characterizedbysuspiciousnessbutabsence of delusionandhalucination.Neurotic.
Paraphilias –abnormal waysof sexual gratification.
PersonalityDisorder–not insane
1. Psychopath/Sociopath/Anti-social personality
2. NarcisisticPersonality
3. ParanoidPersonality
4. Histrionic
5. SchizoidPersonality
Phallic– Source of pleasure isthe sex organ.About5 years old.
Phedophilia–havingsex withchildren,usuallybelow 13yearsold.
Psychology –Studyof behavior.
Psychopath – no sense of shame,nomorality,donotlearnfromtheirexperience.
Psychosexualdevelopment
1. Oral
2. Anal
3. Phallic
4. Genital
Psychotism–aggressive,egocentric,impulsive.
Sadism– a personwhoachieve sexual satisfactionbyseeingthe partnersuffer.
Sado-Masochism–both sadismandmasochism
SchizoidPersonality –extreme socialwithdrawal.
Sexual Disorders -
1. Sexual Dysfunctions
2. Paraphilias
3. GenderidentityDisorder
Sexual Dysfunction –sexual disorder.Arousal disorder.
1. Failure toachieve orgasm
2. Premature orgasm
SigmundFreud – psychoanalytictheory.
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  • 1. Introduction To Criminology Reviewer criminologists 7:53 AM criminology Introduction To Criminology Introduction To Criminology Definition of Terms Abrahamsen - In his crime and human mind, 1945, explained the causes of crime by his formula "Criminal Behavior equals criminalistic tendencies plus crime inducing situation divided by the persons mental or emotional resistance to temptation. Adolphe Quetelet (1796–1874) - was a Belgian mathematician, astronomer and statistician, he helped to establish the cartographic school and positivist schools of criminology which made extensive use of statistical techniques. Through statistical analysis, Quetelet gained insight into the relationships between crime and other social factors. Among his findings were strong relationships between age and crime, as well as gender and crime. Alienist - a doctor specializing in the treatment of mental illness. An expert witness in a sanity trial.
  • 2. Andrew Von Hirsch - developed the notion of just desert. Just desert - has five guidelines; 1. treat legal punishment as a desert; 2. avoid doing harm; 3. sentence delinquency, not the delinquent; 4. interfere parsimoniously; 5. restrain efforts to prevent crime; modern day utilitarianism. Anger - is an emotion characterized by antagonism toward someone or something you feel has deliberately done you wrong. Anomie - is a condition in which society provides little moral guidance to individuals. Anthropology - is the study of humans, past and present. Atavism - The return of a trait or recurrence of previous behavior after a period of absence. Atavistic Anomaly - physically their throwbacks on the evolutionary scale to more primitive times, where people were savages. August Aichhorn - is considered to be one of the founders of psychoanalytic education. He is remembered for his work with juvenile delinquent and disadvantaged youth. He believed that imposed discipline and suppression which were practiced in traditional reformatories yielded few positive results. Autophobia - is the specific phobia of isolation; a morbid fear of being egotistical, or a dread of being alone or isolated.
  • 3. Monophobia - is an acute fear of being alone and having to cope without a specific person, or perhaps any person, in close proximity. Biometrics - is a technique for identification of people that uses body characteristics or behavioural traits and is increasingly being used instead of or in conjunction with other forms of identification based on something you have (e.g. ID card) or something you know (e.g. password or PIN). Bromberg - (crime and mind 1948) criminality is the result of emotional immaturity. A person is emotionally matured when he has learned to control his emotion effectively and who live at peace with himself and in harmony with the standard of conduct which are acceptable to society. Am emotionally immature person rebels against rules and regulations, tends to engage in unusual activities and experience a feeling of guilt due to inferkiority complex. Brotherhood - an association, society, or community of people linked by a common interest, religion, or trade. Cesare Beccaria - founders of the classical school of thought within criminology. Cesare Lombroso - an Italian criminologist, founder of the Italian school of criminology, formulated the theory of anthropological criminology, essentially stated that criminality was inherited, and that someone "born criminal" could be identified by physical defects, which confirmed a criminal as savage, or atavistic. Charles Darwin - wrote Origin of Species in 1859, kicked off the scientific revolution, father of evolution.
  • 4. Charles Goring - author of the influential work The English convict: a statistical study. The English convict: a statistical study - It was first published in 1913, and set out to establish whether there were any significant physical or mental abormalities among the criminal classes that set them apart from ordinary men, as suggested by Cesare Lombroso. He ultimately concluded that "the physical and mental constitution of both criminal and law-abiding persons, of the same age, stature, class, and intelligence, are identical. There is no such thing as an anthropological criminal type." Classical School - based on free will; able to make decisions in a logical way; assumes people are hedonistic. Conflict Of Culture Theory - by Thorstein Sellin. It was emphasized in this theory that the multiplicity of conflicting cultures is the principal source of social disorganization. The high crime and delinquency rates of certain ethnic or racial group is explained by their exposure to diverse and incongruent standards and codes of larger society. Containment Theory - criminality is brought about by the inability of the group to contain behavior of its member and that of effective containment of the individual into the value system and structure of society will minimize crime. Copycat Crime - A copycat crime is a criminal act that is modelled or inspired by a previous crime that has been reported in the media or described in fiction.
  • 5. Criminaloid - (from the word "criminal" and suffix -oid, meaning criminal-like) is a person who projects a respectable, upright facade, in an attempt to conceal a criminal personality. This type, first defined by Cesare Lombroso in the later editions of his 1876 work "the Criminal man". Criminal Personality - 1. the roots of criminality lie in the way in which people think and make decisions; 2. criminals think and act differently from others, even at a very young age; 3. criminals are irresponsible, 4. deterministic explanations of crime result from believing the criminal who is seeking sympathy. Anti-Social Personality - characterized by patterns of irresponsible and antisocial behavior, as well as aggressive tendencies. Cyril Burt - gave the theory of general emotionality. An excess of the submissive instinct account for tendency of many criminals to be weak-willed or easily led. Fear and absconding may be due to the impulse of fear. Determinism - belief that individual behavior is beyond the control of the individual; opposite of free will. Differential Association Theory - Criminal behavior is learnable and learned in interaction with other deviant persons. Through this association, they learn not only techniques of certain crimes, but also specific rationale, motives and so on. Edwin Sutherland - Differential association theory was Sutherland's major sociological contribution to criminology; similar in importance to strain theory and social control theory. These theories all explain deviance in terms of the
  • 6. individual's social relationships. Imitation-Suggestion Theory - by Gabriel Tarde, Delinquency and crime pattern are learned and adopted. The learning process either be conscious type copying or unconscious copying of confronting pattern of behavior. Differential-Social Disorganization Theory - This is sometimes called Social Disorganization. There is social disorganization when there is breakdown, changes, conflict of values between the new and the old, when there is reduced influence of the social institution over behavior and when there is declining influence of the solid moral and ethical front. Electroencephalogram - recording of electrical activity of the brain; measures it. Emile Durkheim - father of sociology. He is a Frenchman, Chief among his claims is that society is a sui generis reality, or a reality unique to itself and irreducible to its composing parts. It is created when individual consciences interact and fuse together to create a synthetic reality that is completely new and greater than the sum of its parts. E. O. Wilson - put forth a theory that differed from earlier theories, believed that biological factors affect the perception and learning of social behaviors. Etiology of Crime - causes of crime. Eugenics - the science of improving a human population by controlled breeding to increase the occurrence of desirable heritable characteristics. Developed largely by Francis Galton as a method of improving the human race.
  • 7. Free Will - the idea that human beings are free to choose one behavior or action over another. Frustration - the feeling of being upset or annoyed, especially because of inability to change or achieve something. General Deterrence - involves the effects of legal punishment on those persons who have not suffered. Specific Deterrence - involves the effects of legal punishment on those who have suffered it. Genetics - the branch in biology that deals with heredity. Healy - (individual delinquency) crime is the expression of the mental content of the individual. Frustration of the individual causes emotional discomfort, personality demands removal of pain and the pain is eliminated by substitute behavior, that is the start of the crime delinquency of an individual. Gianelt Index of Criminality - this crimino-synthesis explains the reason why a person may commit a crime or inhibit himself from doing so. Hedonism - pleasure or the absence of pain is the soul good in life. Henry Maudsley - mental illness and criminal behavior went hand in hand, crime prone traits were inherited. Incapacitation - when they are locked up behind bars, they can't commit anymore crimes. Italian School Of Criminology - Founded in the end of the 19th century
  • 8. by Cesare lombroso and 2 of his disciples, Enrico Ferri and Rafael Garofalo. Enrico Ferri - an italian criminologist, student of Lombroso, His work served as the basis for Argentina’s penal code of 1921. His research led to him postulating theories calling for crime prevention methods to be the mainstay of law enforcement, as opposed to punishment of criminals after their crimes had taken place. Rafael Garofalo - often regarded as the father of Criminology. He is a student of Cesare Lombroso. James Q. Wilson - advocate for special deterrence; ultilitarian. Jeremy Bentham - founders of the classical school of thought within criminology. He is a lawyer. Jukes Family - family of criminals. Descendants are criminally minded and committed crimes. Jonathan Edwards Family - opposite of jukes Family, descendants are good people and attained prominence in various fields. Kallikak Family - A Study in the Heredity of Feeble-Mindedness was a 1912 book by the American psychologist and eugenicist Henry H. Goddard. The work was an extended case study of Goddard's for the inheritance of "feeble-mindedness," a general category referring to a variety of mental disabilities including mental retardation, learning disabilities, and mental illness. Goddard concluded that a variety of mental traits were hereditary and society should limit reproduction by people possessing these traits.
  • 9. Karyotype Studies - examination and comparison of chromosomes. Kleptomania - a recurrent urge to steal, typically without regard for need or profit. Lawrence Kohlberg - pathological jealousy, quick anger reactions, and the bearing of grudges. Limbic System - a set of areas in the human brain that integrate a wide variety of messages from the senses and control goal-oriented response to environmental and internal stimuli. Megalomania - is a psychopathological condition characterized by delusional fantasies of power, relevance, omnipotence, and by inflated self-esteem. Mens Rea - The state of mind indicating culpability which is required by statute as an element of a crime.(Latin) guilty mind. Miller Lower-Class Culture Conflict Theory - citizens who obey the street rules of lower class life find themselves in conflict with the dominant culture. Moral/Intellectual Stages - deals with how adults morally represent a reason about the world that they live in. Morphology - deals with the form and structure of an organism or any of its parts; measuring different parts of the human head; there is a meaningful relationship between certain types of physical features and personality. Neo-Classical Perspective - stressed that the legal system should
  • 10. focus exclusively on doing justice; respond to the crime; the criminal made the rational decision. Neurosis - condition characterized by anxiety, impulses may breakthrough and take control. Amnesia - a partial or total loss of memory. Origin late 18th century: from Greek amnēsia ‘forgetfulness.’ Delusion - a belief that is not true : a false idea. : a false idea or belief that is caused by mental illness. Dementia praecox (a "premature dementia" or "precocious madness") refers to a chronic, deteriorating psychotic disorder characterized by rapid cognitive disintegration, usually beginning in the late teens or early adulthood. It is a term first used in 1891 in this Latin form by Arnold Pick (1851–1924), a professor of psychiatry at the German branch of Charles University in Prague. Psychosis - severe form of mental disturbance, behavior impairs or gets in the way of everyday focus, Id takes control. Schizophrenia - often linked to criminal behavior, incoherent thought process, thinking is scrambled and may have split personalities. Paranoia - pathological jealousy, quick anger reactions, and the bearing of grudges. Penal Couple - is defined as the relationship between perpetrator and victim of a crime. That is, both are involved in the event.
  • 11. Penitentiary - repent of wrongdoing and the will to atone for it. Phobia - an extreme or irrational fear of or aversion to something. Phrenology - study of the shape of the skull and bumps of facial features. The study of facial features. Craniology - the scientific study of the shape and size of the skulls of different human races. Another term for Phrenology. Psychopatic Personality – This is the most important cause of criminality among youthful offenders and habitual criminals. It is characterized by infantile level or rescind, lack of conscience, deficient feeling of affection to others and aggression to environment and other people. Physiognomy - to judge, interpret, or assess a person's character or personality from his or her outer appearance, especially the face. This study and science was used by Beccaria (1764) and lavater (1175) to discover the character of a person. Positivist School - based on determinism; human behavior is controlled by science. Positivism - the belief that the classical school of thought is wrong in explaining what causes crime because they failed to explain adequately the why portion. Cesare Lombroso - father of positivism; medical doctor who wanted to see whether criminals were physically different, believed in atavistic anomaly.
  • 12. Psychiatry - the study and treatment of mental illness, emotional disturbance, and abnormal behavior. Psychoanalytic - the analysis of human behavior. First laid out by Sigmund Freud in the 19th century. Recidivism - elapse into criminal behavior; where you return bac k into the criminal system. Regression - a return to an earlier stage of life or a supposed previous life, especially through hypnosis or mental illness, or as a means of escaping present anxieties. Samuel Yochelson - convinced that there is such thing as a criminal personality. Schools of Thought - devices for organizing fundamentally differing views of human nature and relating them to issues surrounding crime and its control. Sexual Deviation - a type of mental disorder characterized by a preference for or obsession with unusual sexual practices. Exhibitionism - a mental condition characterized by the compulsion to display one's genitals in public. Fetishism - is sexual attraction to objects, situations, or body parts not traditionally viewed as sexual. Paraphilia - a condition characterized by abnormal sexual desires, typically involving extreme or dangerous activities.
  • 13. Pedophilia - sexual feelings directed toward children. Sadomasochism - is the giving or receiving of pleasure, sometimes sexual, from acts involving the infliction or reception of pain or humiliation. Sadism - the tendency to derive pleasure, especially sexual gratification, from inflicting pain, suffering, or humiliation on others. Transvestism (also called transvestitism) - is the practice of dressing and acting in a style or manner traditionally associated with another gender. Masochism - the tendency to derive pleasure, especially sexual gratification, from one's own pain or humiliation. Voyeurism - Watching others while naked or having sex, generally without their knowledge; also known as scopophilia or scoptophilia. Zoophilia - is a paraphilia involving cross-species sexual activity between human and non-human animals or a fixation on such practice. Shaw and Mckay's Ecological Theory - crime is a product of transitional neighborhoods that manifest social disorganization and value conflict. Sigmund Freud - austrian psychiatrist; his approach: crime is but one form of deviance. ID - contains the inner world of the individual's inborn instincts and reflexes.
  • 14. Ego - represents the real world of the individual's conscious reason and common sense. Superego - inner world of the individual's ideal expectations and conscience; the conceptions of what the individual considers to be morally good. Social Bond Theory - relation between social factors and individual activities; individuals become free to commit crimes when their ties to society are broken. Spiritual School - based on determinism; human behavior is determined by God or demons or Satan. Stanton Samenow - convinced that there is such thing as a criminal personality. Thomas Hobbes - he believed that man is egotistical and self-centered; if he thought he could get away with it, then he would commit the crime. Type of Physique Ectomorph - a person with a lean and delicate body build. Are tall and thin and less social and more intellectual. Mesomorph - a person with a compact and muscular body build. Have well-developed muscles and an athletic appearance. They are active, aggressive, sometimes violent, and more likely to become criminals. Endomorph - a person with a soft round body build and a high proportion of fat tissue. Have heavy builds and are
  • 15. slow moving. They arte known for lethargic behavior rendering them unlikely to commit violent crime and more willing to engage in less strenuous criminal activities such as fencing stolen property. Typology of Crime - involve classifying offenses or offenders according to some criteria of relatedness or similarity. Utilitarianism - the belief that legal punishments serve two vital functions: 1. deterring persons from committing the crimes and 2. protecting society from those wholes acts threaten the social order; the greatest good for the greatest number. William Sheldon - an American psychologist who created the field of somatotype and constitutional psychology that tried to correlate body types with behavior,intelligence, and social hierarchy through his Ivy league nude posture photos. Temperament Viscerotonic - Coined by WH Sheldon, from viscera + -o- + tonic. Designating a personality type characterised as sociable, easy-going, and comfort-seeking. Somatonic - active, dynamic; walks, talks, gestures assertively and behaves aggressively. Cerebrotonic - Introvert and full of functional complaints to allergies, skin troubles, chronic fatigue, insomia, insensitive skin, and to noise, shrinks from crowds. XYY Syndrome - these people are very tall and disproportionate; more inclined to commit crimes.
  • 16. Institutional Corrections criminologists 11:39 AM criminology Institutional Corrections Institutional Corrections Definition Of Terms Alcatraz - a US federal penitentiary, Often referred to as "The Rock", the small island of alcatraz was developed with facilities for a lighthouse, a military fortification, a military prison (1868), and a federal prison from 1933 until 1963. Alexander Maconochie - was a Scottish naval officer, geographer, and penal reformer. He is known as the Father of Parole. His 2 Basic Principle of Penology 1. As cruelty debases both the victim and society, punishment should not be vindictive but should aim at the reform of
  • 17. the convict to observe social constraints, and 2. A convict's imprisonment should consist of task, not time sentences, with release depending on the performance of a measurable amount of labour. Auburn Prison - Constructed in 1816 ,(opened 1819) it was the second state prison in New York, the site of the first execution by electric chair in 1890. It uses the silent or congregate system. Banishment - a punishment originating in ancient times, that required offenders to leave the community and live elsewhere, commonly in the wilderness. BJMP - (Bureau of Jail Management and Penology) government agency mandated by law (RA 6975) to take operational and administrative control over all city, district and municipal jails. It takes custody of detainees accused before a court who are temporarily confined in such jails while undergoing investigation, waiting final judgement and those who are serving sentence promulgated by the court 3 years and below. - created Jan. 2, 1991. - Charles S. Mondejar - 1st BJMP chief. - BJMP chief tour of duty, must not exceed 4 years, maybe extended by President. Grounds: 1. In times of war 2. other national emergencies. - Senior superintendent - the rank from which the BJMP chief is appointed. This is the rank of the BJMP Directors of the Directorates in the National Headquarters. This is also the rank of the Regional Director for Jail Management and Penology. - Chief of the BJMP - Highest ranking BJMP officer. Appointed
  • 18. by the President upon recommendation of DILG Secretary. Rank is Director. - BJMP Deputy Chief for Administration - the 2nd highest ranking BJMP officer. Appointed by the President upon recommendation of the DILG Secretary. Rank is Chief Superintendent. - BJMP Deputy Chief for Operations - the 3rd highest ranking BJMP officer. Appointed by the President upon recommendation of the DILG Secretary. Rank is Chief Superintendent. - BJMP Chief of the Directorial Staff - the 4th highest BJMP officer. Appointed by the President upon recommendation of the DILG Secretary. Rank is Chief Superintendents. Borstal - a custodial institution for young offenders. Borstal System - rehabilitation method formerly used in Great Britain for delinquent boys aged 16 to 21. The idea originated (1895) with the Gladstone Committee as an attempt to reform young offenders. The first institution was established (1902) at Borstal Prison, Kent, England. Branding - stigmatizing is the process in which a mark, usually a symbol or ornamental pattern, is burned into the skin of a living person, with the intention that the resulting scar makes it permanent as a punishment or imposing masterly rights over an enslaved or otherwise oppressed person. Bridewell Prison and Workhouse - was the first correctional institution in England and was a precursor of the modern prison. Built initially as a royal residence in 1523, Bridewell Palace was given to the city of London to serve as the foundation for as system of Houses of Correction known as “Bridewells.” These institutions, eventually numbering 200 in Britain, housed vagrants, homeless children, petty offenders, disorderly women, prisoners of war, soldiers, and colonists sent to Virginia.
  • 19. Bridewell Prison and Hospital - was established in a former royal palace in 1553 with two purposes: the punishment of the disorderly poor and housing of homeless children in the City of London. Bureau of Corrections - has for its principal task the rehabilitation of national prisoners, or those sentenced to serve a term of imprisonment of more than three years. - has 7 prison facilities - 1 prison institution for women - 1 vocational training centre for juveniles. - Classification Board - classifies inmates according to their security status. - Reception and Diagnostic Centre - (RDC) receives, studies and classifies inmates committed to Bureau of Corrections. - Board of Discipline - hears complaints and grievances with regard to violations of prison rules and regulations. - Iwahig Penal Farm - established in 1904 upon orders of Gov. Forbes, then the Sec. of Commerce and police. - New Bilibid Prison - established in 1941 in Muntinlupa Camp Bukang Liwayway - minimum security prison. Camp Sampaguita - medium security prison - Davao penal Colony - established jan 21, 1932 (RA 3732) - Sablayan Penal Colony and Farm - established Sept.27, 1954 (Proclamation No.72) location:Occidental Mindoro - Leyte Regional Prison - established Jan.16, 1973 - Old Bilibid Prison - First Penal Institution in the Phil. designated as insular penitentiary by Royal Decree in 1865. Burning at Stake - a form of ancient punishment by tying the victim in a vertical post and burning him/her.
  • 20. Cesare Beccaria - an Italian criminologist, jurist, philosopher and politician best known for his treaties On Crimes and Punishments (1764), which condemned torture and the death penalty, and was a founding work in the field of penology and the Classical School of criminology Charles Montesquieu - a french lawyer, who analyzed law as an expression of justice. He is famous for his articulation of the theory of separation of powers, which is implemented in many constitutions throughout the world. Code of Justinian - formally Corpus Juris Civilis (“Body of Civil Law”), Justinian I the collections of laws and legal interpretations developed under the sponsorship of the Byzantine emperor Justinian I from AD 529 to 565. Commitment Order - is an act of sending a person to prison by means of such a warrant or order. Correctional Administration - the study and practice of a system of managing jails and prisons and other institutions concerned with the custody, treatment and rehabilitation of criminal offenders. Corrections - describes a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and supervision of persons who have been convicted of crimes. Death Row - refers to incarcerated persons who have been sentenced to death and are awaiting execution. Deterrence - as contended by Cesare Beccaria, proponent of the classical theory, that punishment is to prevent others from committing crime. District Jail - is a cluster of small jails, each having a monthly
  • 21. average population of ten or less inmates, and is located in the vicinity of the court. Draco - was the first legislator of ancient Athens, Greece, 7th century BC. He replaced the prevailing system of oral law and blood feud by a written code to be enforced only by a court. Ducking Stool - a chair fastened to the end of a pole, used formerly to plunge offenders into a pond or river as a punishment. Dungeon - a dark cell, usually underground where prisoners are confined. Elmira Reformatory - located in new York, was originally a prison opened to contain Confederate prisoners of war during the Civil War. It became known as a “death camp” because of the squalid conditions and high death rate in its few years of operation. Established 1876. Elmira System - An American penal system named after Elmira Reformatory, in New York. In 1876 Zebulon R. Brockway became an innovator in the reformatory movement by establishing Elmira Reformatory for young felons. The Elmira system classified and separated various types of prisoners, gave them individualized treatment emphasizing vocational training and industrial employment, used indeterminate sentences. Ergastulum - is a Roman prison used to confine slaves. They were attached to work benches and forced to do hard labor in period of imprisonment. Exemplarity - the criminal is punished to serve as an example to others to deter further commission of crime. Expiation - (Atonement) execution of punishment visibly or publicly for the purpose of appeasing a social group. Expiation is a group vengeance as distinguished from retribution.
  • 22. First Women's Prison - opened in Indiana 1873. Based on the reformatory model. Four Classes of Prisoners 1. Insular or national prisoner – one who is sentenced to a prison term of three years and one day to death; 2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to three years; 3. City prisoner – one who is sentenced to a prison term of one day to three years; and 4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months. Flogging - (Flog) beat (someone) with a whip or stick as a punishment. Fred T. Wilkinson - last warden of the Alcatraz prison. Galley - a low, flat ship with one or more sails and up to three banks of oars, chiefly used for warfare or piracy and often manned by slaves or criminals. Goals of Criminal Sentencing 1. Retribution 2. Punishment 3. Deterrence 4. Incapacitation 5. Rehabilitation 6. Reintegration 7. Restoration
  • 23. Golden Age Of Penology - 1870 - 1880 Guillotine - an ancient form of capital punishment by cutting the head. Halfway House - a center for helping former drug addicts, prisoners, psychiatric patients, or others to adjust to life in general society. Hammurabi's Code - an ancient code which contain both civil and criminal law. First known codified law prior to Roman law. Better organized and comprehensive than biblical law. One of its law is lex taliones (an eye for an eye) Hedonism - the ethical theory that pleasure (in the sense of the satisfaction of desires) is the highest good and proper aim of human life. Hulk - an old ship stripped of fittings and permanently moored, especially for use as storage or (formerly) as a prison. Impalement - (Impaling) a form of capital punishment, is the penetration of an organism by an object such as a stake, pole, spear or hook, by complete (or partial) perforation of the body, often the central body mass. Killing by piercing the body with a spear or sharp pole. Institutional Corrections - refers to those persons housed in secure correctional facilities. Jail - is defined as a place of confinement for inmates under investigation or undergoing trial, or serving short-term sentences Gaol - old name/term of jail.
  • 24. Three Types of Detainees 1. Those undergoing investigation; 2. those awaiting or undergoing trial; and 3. those awaiting final judgment Jails - holds a. Convicted offenders serving short sentences b. Convicted offenders awaiting transfer to prison c. Offenders who have violated their probation or parole d. Defendants who are awaiting trial James V. Bennett - was a leading American penal reformer and prison administrator who served as director of the Federal Bureau of Prisons (FBOP) from 1937 to 1964. He was one of the strongest advocates in the movement in persuading Congress to close Alcatraz and replace it with a new maximum-security prison, eventually successful in 1963 when it closed. Jean Jacques Villain - pioneered classification to separate women and children from hardened criminals. Jeremy Bentham - a prison reformer, believed that the prisoner should suffer a severe regime, but that it should not be detrimental to the prisoner's health. He designed the Panopticon in 1791. John Howard - a philanthropist and the first English prison reformer. Justice - crime must be punished by the state as an act of retributive justice, vindication of absolute right and moral law violated by the criminal. lapidation - (Stoning) the act of pelting with stones; punishment inflicted by throwing stones at the victim.
  • 25. Lex Taliones - an eye for an eye, a tooth for a tooth. Lockups - Suspects usually stay in a lockup for only 24 to 48 hours. A suspect may later be transferred from the lockup to the jail. Mamertine Prison - was a prison (carcer) located in the Comitium in ancient Rome. It was originally created as a cistern for a spring in the floor of the second lower level. Prisoners were lowered through an opening into the lower dungeon. Mark System - developed in Australia by Alexander Maconochie, whereby credits, or marks, were awarded for good behaviour, a certain number of marks being required for release. Mittimus - is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused, in accordance with the terms of the judgment. Mittimus is often attached on the commitment order issued by the court whenever the convict is to be transferred to prison for service of sentence. Mortality rate - A measure of the frequency of deaths in a defined population during a specified interval of time. Mutilation or maiming - an ancient form of punishment, is an act of physical injury that degrades the appearance or function of any living body, sometimes causing death. National Prisons Association - was organized in Cincinnati in 1870. Neo-Classical - children and lunatics should not be punished as they cannot calculate pleasure and pain.
  • 26. Classical Theory - pain must exceed pleasure to deter crime. All are punished regardless of age, mental condition, social status and other circumstances. Positivist Theory - criminal is a sick person and should be treated and not punished. Eclectic - it means selecting the best of various styles or ideas. Newgate Prison - not a real prison but an abandoned copper mine of Simsbury Connecticut. Inmates are confined underground (Black hole of horrors). Operational capacity - the number of inmates that can be accommodated based on a facility's staff, existing programs, and services. Panopticon - a prison design, allowed a centrally placed observer to survey all the inmates, as prison wings radiated out from this central position. Parole - refers to criminal offenders who are conditionally released from prison to serve the remaining portion of their sentence in the community. Parole and Probation Administration (PPA) - was created pursuant to Presidential Decree (P.D.) No.968, as amended, to administer the probation system. Under Executive Order No. 29221, the Probation Administration was renamed as the Parole and Probation Administration, and given the added function of supervising prisoners who, after serving part of their sentence in jails are released on parole or granted conditional pardon. The PPA and the Board of Pardons and Parole are the agencies involved in the non-institutional treatment of offenders.
  • 27. Penal Management - refers to the manner or practice of managing or controlling places of confinement such as jails and prisons. PD No. 603 - was promulgated to provide for the care and treatment of youth offenders from the time of apprehension up to the termination of the case. Under this law, a youth offender is defined as a child, minor or youth who is over nine years but under eighteen years of age at the time of the commission of the offence. Pennsylvania and New York - pioneered the penitentiary movement by developing two competing systems of confinement. The Pennsylvania system and the Auburn system. Pennsylvania System - An early system of U.S. penology in which inmates were kept in solitary cells so that they could study religious writings, reflect on their misdeeds, and perform handicraft work.(Solitary System). Auburn System - An early system of penology, originating at Auburn Penitentiary in New York, under which inmates worked and ate together in silence during the day and were placed in solitary cells for the evening.(Congregate System) Penology - a branch of Criminology that deals with prison management and reformation of criminals. Poene (latin) - penalty Logos (latin) - science
  • 28. Pillory - a wooden framework with holes for the head and hands, in which offenders were formerly imprisoned and exposed to public abuse. Prison - which refers to the national prisons or penitentiaries managed and supervised by the Bureau of Corrections, an agency under the Department of Justice. Prison Hulks - (1776-1857) were ships which were anchored in the Thames, and at Portsmouth and Plymouth. Those sent to them were employed in hard labour during the day and then loaded, in chains, onto the ship at night. Prison Reform - is the attempt to improve conditions inside prisons, aiming at a more effective penal system. Probation - Probation in criminal law is a period of supervision over an offender, ordered by a court instead of serving time in prison. John Augustus - Father of Probation. Augustus was born in Woburn, Massachusetts in 1785. By 1829, he was a permanent resident of Boston and the owner of a successful boot-making business. Father Cook - a chaplain of the Boston Prison visited the courts and gained acceptance as an advisor who made enquiries into the circumstances of both adult and juvenile offenders Provincial Jail - under the office of the Governor. Where the imposable penalty for the crime committed is more than six months and the same was committed within the municipality, the offender must serve his or her sentence in the provincial jail. Where the penalty imposed exceeds three years, the offender shall serve his or her sentence in the penal institutions of the Bureau of Corrections.
  • 29. Punishment - the infliction or imposition of a penalty as retribution for an offence. Quakers - (or Friends, as they refer to themselves) are members of a family of religious movements collectively known as the Religious Society of Friends. Many Quakers have worked for reform of the criminal justice systems of their day. Quakers believe that people can always change: their focus has been on reforms that make positive change more likely, such as increased opportunities for education, improved prison conditions, help with facing up to violent impulses, and much else. William Penn - founder of the Province of Pennsylvania, the English North American colony and the future Commonwealth of Pennsylvania.was the first great Quaker prison reformer. In his ‘Great Experiment’ in Pennsylvania in the 1680s he abolished capital punishment for all crimes except murder. He also stated that ‘prisons shall be workhouses,’ that bail should be allowed for minor offences’, and ‘all prisons shall be free, as to fees, food and lodgings’. He provided for rehabilitation, as he stipulated that prisoners should be helped to learn a trade, so that they could make an honest living when they were released. John Bellers - (1654-1725) was the earliest British Friend to pay serious and systematic attention to social reform. He pleaded for the abolition of the death penalty, the first time this plea had been made. He argued that criminals were the creation of society itself and urged that when in prison there should be work for prisoners so that they might return to the world with an urge to industry. Elizabeth Fry- (1780-1845) was the most famous of Quaker
  • 30. reformers, though others were equally influential in raising public awareness. Reforms such as the separation of women and children from men and the development of purposeful activity of work or education came about through pressure from informed people. RA 6975 - sec.60 to 65, created the BJMP. RA 10575 - The Bureau of Corrections Act of 2013. Rack - a form of torture or punishment wherein pain is inflicted to to the body through stretching. Rated Capacity - the number of beds or inmates assigned by a rating official to institutions within the jurisdiction. Reformation - the object of punishment in a criminal case is to correct and reform the offender. Reformatory Movement - The reformatory movement was based on principles adopted at the 1870 meeting of the National Prison Association. The reformatory was designed: a. for younger, less hardened offenders. b. based on a military model of regimentation. c. with indeterminate terms. d. with parole or early release for favorable progress in reformation. Rehabilitation - to restore a criminal to a useful life, to a life in which they contribute to themselves and to society. Retribution - punishment inflicted on someone as vengeance for a wrong or criminal act.
  • 31. Security Level - A designation applied to a facility to describe the measures taken, both inside and outside, to preserve security and custody. The simplest security level categorization is: a. maximum b. medium c. minimum Maximum - security facilities are characterized by very tight internal and external security. Common security measures include: (Maximum) - A high wall or razor-wire fencing - Armed-guard towers - Electronic detectors - External armed patrol - A wide, open buffer zone between the outer wall or fence and the community. - Restrictions on inmate movement - The capability of closing off areas to contain riots or disruptions. Houses the following inmates: - Those sentenced to death - Those sentenced with min. 20 years - Those remanded inmates/detainees with min. 20 years sentence - Those whose sentences is under review by SC (min.20 years) - Those whose sentences is under appeal (min.20 years) - Those with pending cases - Those who are recidivist
  • 32. Ultra-Maximum/Super-Maximum Security Prison - house notorious offenders and problem inmates from other institutions. These institutions utilize: Total isolation of inmates, Constant lockdowns Medium-security institutions - place fewer restrictions on inmate movement inside the facility. Characteristics often include:(Medium) - Dormitory or barracks-type living quarters - No external security wall - Barbed wire rather than razor wire - Fences and towers that look less forbidding Houses the following inmates: - Those sentenced to less than 20 years Minimum-security prisons - are smaller and more open. They often house inmates who: - Have established records of good behavior - Are nearing release Characteristics often include:(Minimum) - Dormitory or barracks living quarters - No fences - Some inmates may be permitted to leave during the day to work or study. - Some inmates may be granted furloughs Sing Sing Prison - was the third prison built by New York State. It is a maximum security prison.
  • 33. Sir Evelyn Ruggles Brise - was a British prison administrator and reformer, and founder of the Borstal system. Sir Walter Crofton - the director of Irish prisons. In his program, known as the Irish system, prisoners progressed through three stages of confinement before they were returned to civilian life. The first portion of the sentence was served in isolation. After that, prisoners were assigned to group work projects. Stocks - instrument of punishment consisting of a heavy timber frame with holes in which the feet and sometimes the hands of an offender can be locked. Three major government functionaries involved in the Philippine correctional system: 1. DOJ 2. DILG 3. DSWD DOJ - supervises the national penitentiaries through the Bureau of Corrections, administers the parole and probation system through the Parole and Probation Administration, and assists the President in the grant of executive clemency through the Board of Pardons and Parole. DILG - supervises the provincial, district, city and municipal jails through the provincial governments and the Bureau of Jail Management and Penology, respectively. DSWD - supervises the regional rehabilitation centres for youth offenders through the Bureau of Child and Youth Welfare.
  • 34. Transportation - a punishment in which offenders were transported from their home nation to one of that nation's colony to work. Twelve Tables - The Law of the Twelve Tables (Latin: Leges Duodecim Tabularum or Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law. Established basic procedural rights for all Roman citizens as against one another Underground Cistern - a reservoir for storing liquids, underground tank for storing water. This was also used prison in ancient times. Utilitarianism - a tradition stemming from the late 18th- and 19th-century English philosophers and economists Jeremy Bentham and John Stuart Mill that an action is right if it tends to promote happiness and wrong if it tends to produce the reverse of happiness—not just the happiness of the performer of the action but also that of everyone affected by it. Voltaire - believes that fear of shame is a deterrent to crime. Walnut Street Jail - opened in 1790 in Philadelphia. Considered the 1st state prison. Inmates labored in solitary cells and received large doses of religious training. Workhouses - European forerunners of the modern U.S. prison, where offenders were sent to learn discipline and regular work habits. Zebulon Reed Brockway - was a penologist and is sometimes regarded as the Father of prison reform and Father of American Parole in the United States.
  • 35. Fire Technology And Arson Investigation Reviewer criminologists 12:20 P M criminology Fire Technology Fire Technology and Arson Investigation 3 State of matter Solid Liquid Gas 4 General Categories Of Heat Energy Chemical Heat Energy Electrical Heat Energy Mechanical Heat Energy Nuclear Heat Energy Backdraft - a phenomenon in which a fire that has consumed all available oxygen suddenly explodes when more oxygen is made available, typically
  • 36. because a door or window has been opened. Boiling Point - The temperature of a substance where the rate of evaporation exceeds the rate of condensation. British Thermal Unit - (BTU) The amount of heat needed to raise the temperature of one pound of water one degree F. Calorie - The amount of heat needed to raise the temperature of one gram of water one degree Centigrade. Centigrade - (Celcius) On the Centigrade scale, zero is the melting point of ice; 100 degrees is the boiling point of water. Chemical Heat Energy Heat of Combustion - The amount of heat generated by the combustion (oxidation) process. Heat of Decomposition - The release of heat from decomposing compounds. These compounds may be unstable and release their heat very quickly or they may detonate. Heat of Solution - The heat released by the mixture of matter in a liquid. Some acids, when dissolved, give off sufficient heat to pose exposure problems to nearby combustibles. Spontaneous Heating - The heating of an organic substance without the addition of external heat. Spontaneous heating occurs most frequently where sufficient air is not present to dissipate the heat produced. The speed of a heating reaction doubles with each 180 F (80 C) temperature increase.
  • 37. Classification of Fires Class A Fire - Fires involving ordinary combustible materials, such as wood, cloth, paper, rubber and many plastics. Class B Fires - Fires involving flammable liquids, greases and gases. Class C Fires - Fires involving energized electrical equipment. Class D Fires - Fires involving combustible metals, such as magnesium, titanium, zirconium, sodium and potassium. Class K Fires - Class K is a new classification of fire as of 1998 and involves fires in combustible cooking fuels such as vegetable or animal fats. Combustion - is the self-sustaining process of rapid oxidation of a fuel being reduced by an oxidizing agent along with the evolution of heat and light. Dry Chemicals and Halons - method of fire extinguishment, interrupt the flame producing chemical reaction, resulting in rapid extinguishment. Electrical Heat Energy Dielectric Heating - The heating that results from the action of either pulsating direct current, or alternating current at high frequency on a non-conductive material. Heat from Arcing - Heat released either as a high-temperature arc or as molten material from the conductor.
  • 38. Heat Generated by Lightning - The heat generated by the discharged of thousands of volts from either earth to cloud, cloud to cloud or from cloud to ground. Induction Heating - The heating of materials resulting from an alternating current flow causing a magnetic field influence. Leakage Current Heating - The heat resulting from imperfect or improperly insulated electrical materials. This is particularly evident where the insulation is required to handle high voltage or loads near maximum capacity. Resistance Heating - The heat generated by passing an electrical force through a conductor such as a wire or an appliance. Static Electricity Heating - Heat released as an arc between oppositely charged surfaces. Static electricity can be generated by the contact and separation of charged surfaces or by fluids flowing through pipes. Endothermic Heat Reaction - A chemical reaction where a substance absorbs heat energy. Exothermic Heat Reaction - A chemical reaction where a substance gives off heat energy. Fahrenheit - On the Fahrenheit scale, 32 degrees is the melting point of ice; 212 degrees is the boiling point of water. Fire point - The temperature at which a liquid fuel will produce
  • 39. vapors sufficient to support combustion once ignited. The fire point is usually a few degrees above the flash point. Fire Triangle - Oxygen, Fuel, Heat Fire National Training Institute - (FNTI) the Institution for training on human resource development of all personnel of the Bureau of Fire Protection (BFP). Flame - A gas-phased combustion. Flammable or Explosive Limit - The percentage of a substance in air that will burn once it is ignited. Most substances have an upper (too rich) and a lower (too lean) flammable limit. Flashover - an instance of a fire spreading very rapidly across a gap because of intense heat. Occurs when a room or other area becomes heated to the point where flames flash over the entire surface or area. Flash Point - The minimum temperature at which a liquid fuel gives off sufficient vapors to form an ignitable mixture with the air near the surface. At this temperature, the ignited vapors will flash, but will not continue to burn. Fuel - is the material or substance being oxidized or burned in the combustion process. Material such as coal, gas, or oil that is burned to produce heat or power. Fuel Removal - method of fire extinguishment, fire is effectively extinguished by removing the fuel source. This may be accomplished by stopping the flow of liquid or gaseous fuel or by removing solid fuel in the path of the fire or allow the fire to burn until all fuel is consumed.
  • 40. Glowing Combustion - A condensed phased combustion. Heat - the quality of being hot; high temperature. A form of energy arising from the random motion of the molecules of bodies, which may be transferred by conduction, convection, or radiation. Heating - is transfer of energy, from a hotter body to a colder one, other than by work or transfer of matter. Heat of Combustion - The amount of heat generated by the combustion (oxidation) process. Heat Transfer Conduction - Conduction is the transfer of energy through matter from particle to particle. Heat may be conducted from one body to another by direct contact of the two bodies or by an intervening heat-conducting medium. Convection - is the transfer of heat by the actual movement of the warmed matter. Transfer of heat by the movement of air or liquid. Radiation - Electromagnetic waves that directly transport energy through space. Ignition Temperature - The minimum temperature to which a fuel in air must be heated in order to start self-sustained combustion independent of the heating source. Heat - The form of energy that raises temperature. Heat is measured by the amount of work it does.
  • 41. Heat of Decomposition - The release of heat from decomposing compounds. These compounds may be unstable and release their heat very quickly or they may detonate. Heat of Solution - The heat released by the mixture of matter in a liquid. Some acids, when dissolved, give off sufficient heat to pose exposure problems to nearby combustibles. Mechanical Heat Energy Frictional Heat - The heat generated by the movement between two objects in contact with each other. Friction Sparks - The heat generated in the form of sparks from solid objects striking each other. Most often at least one of the objects is metal. Heat of Compression - The heat generated by the forced reduction of a gaseous volume. Diesel engines ignite fuel vapor without a spark plug by the use of this principle. Nuclear Fission and Fusion - The heat generated by either the splitting or combining of atoms. Oxidation - The complex chemical reaction of organic material with oxygen or other oxidizing agents in the formation of more stable compounds. Oxidizing Agents - are those materials that yield oxygen or other oxidizing gases during the course of a chemical reaction. Oxygen Dilution - is the reduction of the oxygen concentration to
  • 42. the fire area. Phases of Fire Incipient Phase (Growth Stage) Free-Burning Phase (Fully Developed Stage) Smoldering Phase (Decay Stage) Products of Combustion Fire gases Flame Heat Smoke Pyrolysis (also known as thermalde composition) - is defined as the chemical decomposition of matter through the action of heat. RA 6975 - created the BFP. Bureau of Fire Protection (BFP) - administers and enforces the fire code of the Philippines. The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the proper complaints with the city or provincial prosecutor who has jurisdiction over the case. Chief of the Fire Bureau - rank is Director. Deputy Chief for Administration of the Fire Bureau - 2nd highest officer in the BFP. Rank is Chief Superintendent. Deputy Chief for Operation of the Fire Bureau - the 3rd highest officer in the BFP. Rank is Chief Superintendent.
  • 43. Chief of Directorial Staff of the Fire Bureau - 4th highest officer in the BFP. Rank is Chief Superintendent. Directors of the Directorates in the respective national headquarters office - rank is Senior Superintendent. Regional Director for Fire Protection - The BFP shall establish, operate and maintain their respective regional offices in each of the administrative regions of the country. Rank is Senior Superintendent. - He/She shall be respectively assisted by the following officers with the rank of superintendent: Assistant Regional Director for Administration, Assistant Regional Director for Operations, and Regional Chief of Directorial Staff. Assistant Regional Director for Fire Protection - The assistant heads of the Department's regional offices - rank is Senior Superintendent. District Fire Marshall - the heads of the NCR district offices - rank is Senior Superintendent. Provincial Fire Marshall - the heads of the provincial offices - rank is Superintendent. District Fire Marshall - heads of the district offices - rank is Chief Inspector. Chief of Municipal/City Fire Station - (also called City/ Municipal Fire Marshall) - the heads of the municipal or city stations - rank is Senior Inspector.
  • 44. Fire Station - at least one in every provincial capital, city and municipality. LGU - (Local Government Unit) - shall provide the site of the Fire Station. RA 9263 - this Act shall be known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004. The BFP is headed by a Chief to be assisted by 2 deputy chief, 1 for administration and 1 for operation, all appointed by the President upon recommendation of DILG Secretary from among qualified officers with at least the rank of Senior Superintendent in the service. In no case shall any officer who has retired or is retirable within six (6) months from his/her compulsory retirement age be appointed as Chief of the Fire Bureau or Chief of the Jail Bureau. The Chief of the Fire Bureau and Chief of the Jail Bureau shall serve a tour of duty not to exceed four (4) years. The President may extend such tour of duty in times of war or other national emergency declared by Congress. RA 9514 - this act shall be known as the fire code of the Philippines of 2008. An Act establishing a comprehensive fire code of the Philippines repealing PD 1185 and for other purposes. Specific Gravity - the density of liquids in relation to water.
  • 45. Spontaneous Heating - The heating of an organic substance without the addition of external heat. Spontaneous heating occurs most frequently where sufficient air is not present to dissipate the heat produced. Temperature Reduction - method of extinguishing fire, cooling the fuel with water to a point where it does not produce sufficient vapor to burn. Vapor Density - the density of a particular gas or vapor relative to that of hydrogen at the same pressure and temperature. Definition of Terms Under RA 9514 Abatement - Any act that would remove or neutralize a fire hazard. Administrator - Any person who acts as agent of the owner and ma nages the use of a building for him. Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives. Cellulose Nitrate or Nitro Cellulose - A highly combustible and explosive compound produced by the reaction of nitric acid with a cellulose material. Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose nitrate (nitro cellulose) as base. Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire.
  • 46. Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce. Combustible Liquid - Any liquid having a flash point at or above 37.8 C (100 F). Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain chemicals. Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending below the bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and smoke will be directed upwards to a roof vent. Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other elements produces a rapid drop in temperature of the immediate surroundings. Damper - A normally open device installed inside an air duct system which automatically closes to restrict the passage of smoke or fire. Distillation - The process of first raising the temperature in separate the more volatile from the less volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified substance. Duct System - A continuous passageway for the transmission of air. Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an explosion.
  • 47. Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a space between two conductors or terminals due to the incandescence of the conducting vapor. Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing without the manifestation of flames. Finishes - Materials used as final coating of a surface for ornamental or protective purposes. Fire - The active principle of burning, characterized by the heat and light of combustion. Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes. Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the building or fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life and property and to suppress the fire. Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions. Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and property. Fire Lane - The portion of a roadway or public way that should be kept opened and unobstructed at all times for the expedient operation of fire fighting units.
  • 48. Fire Protective and Fire Safety Device - Any device intended for the protection of buildings or persons to include but not limited to built-in protection system such as sprinklers and other automatic extinguishing system, detectors for heat, smoke and combustion products and other warning system components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect themselves during fire. Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents, means of egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are also designed to achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and de lay their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also me an to include the treatment of buildings components or contents with flame retardant chemicals. Flash Point - The minimum temperature at which any material gives off vapor in sufficient concentration to form an ignitable mixture with air. Forcing - A process where a piece of metal is heated prior to changing its shape or dimensions. Fulminate - A kind of stable explosive compound which explodes by percussion.
  • 49. Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or produces materials which are likely to cause fires or explosion. Horizontal Exit - Passageway from one building to another or through or around a wall in approximately the same floor level. Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting. Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected. Hypergolic Fuel - A rocket or liquid propellant which consist of combinations of fuels and oxidizers which ignite spontaneously on contact with each other. Industrial Baking and Drying - The industrial process of subjecting materials to heat for the purpose of removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of materials being treated. Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical system. Occupancy - The purpose for which a building or portion thereof is used or intended to be used. Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance of the latter.
  • 50. Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire when in contact with combustible materials especially under conditions of high temperature. Overloading - The use of one or more electrical appliances or devices which draw or consume electrical current beyond the designed capacity of the existing electrical system. Owner - The person who holds the legal right of possession or title to a building or real property. Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate or support combustion. Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure prior to discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at above normal atmosphere pressure into the same combustion chamber. Public Assembly Building - Any building or structure where fifty (50) or more people congregate, gather, or assemble for any purpose. Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or otherwise permanently appropriated for public use. Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air. Refining - A process where impurities and/or deleterious materials are removed from a mixture in order to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.
  • 51. Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay the spread of fire. Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals. Sprinkler System - An integrated network of hydraulically designed piping installed in a building, structure or area with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or combustion products from a fire. Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each floor, including a system by which water is made available to the outlets as needed. Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house or building. Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from the base to the top of the building.
  • 52. Criminal Procedure Reviewer criminologists 6:57 A M criminology Criminal Procedure Definition of Terms Affidavit of Desistance - the complainant states that he did not really intend to institute the case and that he is no longer interested in testifying or prosecuting. Appeal - A proceeding for review by which the whole case is transferred on the higher court. Appellant - The party appealing Appellee - The party adverse to the appellant. Arraignment - It means for bringing the accused into court and informing him of the nature and cause of the accusation against him. Arrest - taking a person into custody in order that he may be bound to answer for the commission of some offense, made by an actual restraint of the person or by his submission to custody.
  • 53. Attachment - It is a remedy afforded to the offended party to have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused. Bail - security given for the release of a person in custody of law, furnished by him or a bondsman, conditioned upon his appearance before any court as required. Bail Bond - an obligation under seal given by accused with one or more sureties and made payable to proper officer with the condition to be void upon performance by the accused of such acts as he may legally be required to perform. Brief - It literally means a short or condensed statement. The purpose of the brief is to present to the court in concise form the points and questions in controversy, and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion. Capital Offense - It is an offense which, under the law existing at the time of its commission and of the application for admission to bail may be punished with death. Certiorari - is used to correct only errors of jurisdiction and not errors of judgment of an inferior court. Confrontation - It is the act of setting a witness face to face with the accused so that the latter may make any objection he has to the witness, and the witness may identify the accused, and this must take place in the presence of the court having jurisdiction to permit the privilege of cross examination.
  • 54. Counsel De Officio - He is counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself. Complaint - sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public official charged with the enforcement of the law violated. Continuous Trial System - Trial once commenced shall continue from day to day as far as practicable until terminated; but it may be postponed for a reasonable period of time for good cause. Criminal Action - It is an action by which the State prosecutes a person for an act or omission punishable by law. Criminal Jurisdiction - It is the authority to hear and try a particular offense and impose the punishment for it. Criminal Procedure - It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. Custodial Investigation - Involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. Demurrer To Evidence - It is an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue.
  • 55. Deposition - It is the testimony of a witness taken upon oral questions or written interrogatories, in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil or criminal prosecution. Duplicity of the Offense - A complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses. Error of Judgment - One which the court may commit in the exercise of its jurisdiction. Equipose Rule - where the evidence of the parties in a criminal case are evenly balanced, the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted. General Warrant - It is a process which authorizes the search and seizure of things, in a general manner. It does not specify or describe with particularity the things to be searched and seized. This kind of warrant is VOID as it infringes on the constitutional mandate requiring particular description of the things to be seized. Habeas Corpus - is available when a person is imprisoned beyond the maximum penalty imposed by law. Hearing - It is not confined to trial but embraces the several stages of litigation, including the pre-trial stage.
  • 56. Improvident Plea - It is a plea without information as to all the circumstances affecting it; based upon a mistaken assumption or misleading information or advice. Information - accusation in writing charging a person with an offense, subscribed by the fiscal and filed with the court. Judgment - adjudication by the court that the accused is guilty or not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided by law on the accused. Mittimus - It is a process issued by the court after conviction to carry out the final judgment. Motion To Quash - a hypothetical admission that even if all the facts alleged were true, the accused still cannot be convicted due to other reasons. New Trial - The rehearing of a case already decided but before the judgment of conviction therein rendered has become final, whereby errors of law or irregularities are expunged from the record or new evidence is introduced or both steps are taken. Nolle Prosequi - is a dismissal of the criminal case by the government before the accused is placed on trial and before he is called to plead, with the approval of the court in the exercise of its judicial discretion. Oath - Includes any form of attestation by which a party signifies that he is bound in conscience to perform an act faithfully and truthfully.
  • 57. Parole - the conditional release of an offender from a penal or correctional institution after he has served the minimum period of his prison sentence under the continued custody of the state and under conditions that permit his reincarceration if he violated the conditions of his release. Plea Bargaining - process whereby the accused and the prosecution in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's pleading guilty to a lesser offense or to only some of the counts of a multi-count indictment in return for a lighter sentence than that for the greater charge. Prejudicial Question - It is one which arises in a case, the resolution of which is a logical antecedent of the issue involved therein and the cognizance of which pertains to another tribunal. Preliminary Investigation - inquiry or proceeding to determine if there is sufficient ground to engender a well-founded belief that a crime cognizable by the RTC has been committed, and that the respondent is probably guilty thereof, and should be held for trial. Pre-Trial Order - It is an order issued by the court reciting the actions taken, the facts stipulated and the evidence marked during the pre-trial conference. Such order binds the parties and limits the trial to those matters not disposed of. Probable Cause - such facts and circumstances which would lead a reasonably prudent man to believe that a crime has been committed and the thing to be searched for and seized is in the place to be searched. - Such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper
  • 58. Probable Cause For A Search - It is defined as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. Probable Cause In General - Such facts and circumstances antecedent to the issuance of the warrant, that are in themselves sufficient to induce a cautious man to believe that the person against whom the search warrant is applied had committed or is about to commit a crime. Probation - disposition under which a defendant after conviction and sentences, is released subject to conditions imposed by the court and to the supervision of a probation officer. Property Bond - It is an undertaking constituted as a lien on the real property given as security for the amount of the bail. Provisional Remedy - It is one provided for present need or one that is adopted to meet a particular exigency. Reasonable Doubt - state of the case which, after full consideration of all the evidence, leaves the mind of the judge in such a condition that he cannot say that he feels an abiding conviction, to a moral certainty, of the truth of the charge. Recantation - A Witness who previously gave a testimony subsequently declares that his statements were not true.
  • 59. Recognizance - Obligation of record entered into before some court of magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial. Reduced Bail - A person in custody for a period to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance at the discretion of the court. Reverse Trial - When the accused admits the act or omission charged in the complaint/information but interposes a lawful defense, the trial court may allow the accused to present his defense first and thereafter give the prosecution the opportunity to present his rebuttal evidence. Scatter Shot Warrant - It is a warrant that is issued for more than one offense. It is void, since the law requires that a warrant should only be issued in connection with one specific offense. Search - It is an examination of a man’s house, buildings or other premises, or of his person, with a view to the discovery of some evidence of guilt to be used in the prosecution of a criminal action for some offense with which he is charged. Searching Questions and Answers - Such questions as have the tendency to show the commission of a crime and perpetrator thereof. Search Warrant - an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
  • 60. Seizure - It is the physical taking of a thing into custody; contemplates a forcible disposition of the owner. State Witness - One of two or more persons jointly charged with the commission of a crime but who is discharged with his consent as such accused so that he may be a witness for the state. Stop and Frisk - A limited protective search of outer clothing for weapon. Transactional Immunity - witness can no longer be prosecuted for any offense whatsoever arising out of the act or transaction. Trial - It is the examination before a competent tribunal according to the laws of the land, of the facts put in issue in a case for the purpose of determining such issue. Trial in Absentia - accused in case of his non-appearance After Arraignment despite due notice simply means that he thereby waives his right to meet the witnesses face to face, among others. Use and Derivative Use Immunity - witness is only assured that his or her particular testimony and evidence derived from it will not be used against him or her in a subsequent prosecution.
  • 61. Criminal Law Reviewer (Book 1) criminologists 1:55 A M criminology Criminal Law Reviewer Definition of Terms Abberatio Ictus – mistake in blow. Absolutory Causes - where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. Exempting and justifying circumstances are absolutory causes. Accomplices - Persons who do not act as principals but cooperate in the execution of the offense by previous and simultaneous acts, which are not indispensable to the commission of the crime. They act as mere instruments that perform acts not essential to the perpetration of the offense. Act – an overt or external act. Actus Me Invito Factus Non Est Meus Actus – Any act done by me against my will is not my act. Agent - subordinate public officer charged w/ the maintenance of public order and protection and security of life and property.
  • 62. Aggravating Circumstances - Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. Generic - those which apply to all crimes. Specific - those which apply only to specific crimes. Qualifying - those that change the nature of the crime. Inherent - which of necessity accompany the commission of the crime, therefore not considered in increasing the penalty to be imposed. Special - those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances. Alternative Circumstances – Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. Amnesty – is an act of the sovereign power granting oblivion or general pardon. It wipes all traces and vestiges of the crime but does not extinguish civil liability. Astucia – (Craft) involved the use of intellectual trickery or cunning on the part of the accused. A chicanery resorted to by the accused to aid in the execution of his criminal design. It is employed as a scheme in the execution of the crime. Bill Of Attainder – A legislative act which inflicts punishment without trial.
  • 63. Commutation – change in the decision of the court by the chief regarding the degree of the penalty by decreasing the length of the imprisonment or fine. Consummated Felonies - when all the elements necessary for its execution and accomplishment are present. Continued Crime – refers to a single crime consisting of a series of acts but all arising from one criminal resolution. Although there is a series of acts, there is only one crime committed, so only one penalty shall be imposed. Crime – acts and omissions punishable by any law. Criminal law - A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Cruelty – there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act. Degree – one whole penalty, one entire penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. 71 Despoblado – (Uninhabited Place) one where there are no houses at all, a place at a considerable distance from town, where the houses are scattered at a great distance from each other. Discernment - mental capacity to fully appreciate he consequences of the unlawful act, which is shown by the manner the crime was committed and conduct of the offender after its commission.
  • 64. Disfraz (Disguise) – resorting to any device to conceal identity. Duress - use of violence or physical force. Dwelling - must be a building or structure exclusively used for rest and comfort (combination of house and store not included), may be temporary as in the case of guests in a house or bedspacers. It includes dependencies, the foot of the staircase and the enclosure under the house. En Cuadrilla – (Band) whenever there are more than 3 armed malefactors that shall have acted together in the commission of an offense. Entrapment - ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan. Error in personae – mistake in identity. Exempting Circumstances - grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. Ex Post Facto Law - An act which when committed was not a crime, cannot be made so by statute without violating the constitutional inhibition as to ex post facto laws. Felonies – acts and omissions punishable by the Revised Penal Code.
  • 65. Fence – is a person who commits the act of fencing. A fence who receives stolen property as above- provided is not an accessory but a principal in the crime defined in and punished by the Anti-Fencing Law. Fencing – is an act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft. Fraud (fraude) – insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design. Good conduct allowance during confinement – Deduction for the term of sentence for good behavior. Habitual Delinquency or Multi-recidivism – Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of the said crimes a third time or oftener. This is an extraordinary aggravating circumstance. Habitual Delinquent - A person who, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener.
  • 66. Ignominy – is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. Imbecile - one while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases from criminal liability. Insane - one who acts with complete deprivation of intelligence/reason or without the least discernment or with total deprivation of freedom of will. Mere abnormality of the mental faculties will not exclude imputability. Instigation - Instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal. Insuperable Clause - some motive, which has lawfully, morally or physically prevented a person to do what the law commands. Irresistible Force - offender uses violence or physical force to compel another person to commit a crime. Justifying Circumstances - where the act of a person is in accordance with law such that said person is deemed not to have violated the law. Mistake of Fact - misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable. Mitigating Circumstances - those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime.
  • 67. Nullum Crimen, Nulla Poena Sine Lege – There is no crime when there is no law punishing it. Obscuridad – (Night time) that period of darkness beginning at the end of dusk and ending at dawn. Omission – failure to perform a duty required by law. Pardon – an act of grace proceeding from the power entrusted with the execution of laws, which exempts the individual from the punishment the law inflicts for the crime. Parole – consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence shall be suspended. In case his parole conditions are not observed, a convict may be returned to the custody and continue to serve his sentence without deducting the time that elapsed. Penalty – suffering inflicted by the State for the transgression of a law. Period – one of 3 equal portions, min/med/max of a divisible penalty. A period of a divisible penalty when prescribed by the Code as a penalty for a felony, is in itself a degree. Person In Authority - public authority, or person who is directly vested with jurisdiction and has the power to govern and execute the laws.
  • 68. Plurality Of Crimes – consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. Praetor Intentionem - lack of intent to commit so grave a wrong. Prescription Of A Crime – is the loss/forfeiture of the right of the state to prosecute the offender after the lapse of a certain time. Prescription Of Penalty - means the loss/forfeiture of the right of government to execute the final sentence after the lapse of a certain time. Probation - a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer. Proximate Cause - the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred. Quasi-Recidivism – Where a person commits felony before beginning to serve or while serving sentence on a previous conviction for a felony. This is a special aggravating circumstance. Rank - The designation or title of distinction used to fix the relative position of the offended party in reference to others (There must be a difference in the social condition of the offender and the offended party).
  • 69. Recidivism – Where a person, on separate occasions, is convicted of two offenses embraced in the same title in the RPC. This is a generic aggravating circumstance. Recidivist – one who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. Reiteracion or Habituality – Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. This is a generic aggravating circumstance. Stand Ground When in The Right - the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon. Treachery – when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. Uncontrollable Fear - offender employs intimidation or threat in compelling another to commit a crime. Unlawful Entry - when an entrance is effected by a way not intended for the purpose.
  • 70. Youthful offender – over 9 but under 18 at time of the commission of the offense. Criminal Justice System Definition Of Terms 4 Principal MethodsOf ImplementingThe PunitivePolicyUsedDuringThe HistoryOf Mankind 1. Physical Torture 2. Social Degradation 3. Financial Loss 4. Removal fromthe groupby death,exile or imprisonment. Alphonse Bertillon –One whooriginatedasystemof classifyingcriminalsaccordingtobodilymeasurements. AncientRome – A nationwho pioneeredbanishmentasa formof punishment. ApproachesToThe ExplanationOf Crime 1. Subjective Approach 2. Objective Approach Subjective Approach 1. Anthropological Approach 2. Medical Approach 3. Biological Approach 4. Physiological Approach 5. Psychological Approach 6. PsychiatricApproach 7. Psycho-Analytical Approach Objective Approach 1. GeographicApproach 2. Ecological Approach 3. EconomicApproach 4. Sociological andCultural Approach
  • 71. Australia– A place where afterthe AmericansgainedtheirindependencefromEnglandin1786, the prisonersof England were transferreduntil 1867. Autophobia–It isa morbidfearof one'sself or of beingalone. Berlin– The country where the lastburningatthe stake wasmade until 1786. Biology – Isthe studyof livingthings.The science thatdealswiththe origin,history,physical characteristics,life,processe habitsetc.of plantsandanimals. Classical School –This school of penologywhichBeccariamade of the firstsignificantcontributionsandtowhichRoussea MontesquieuandVoltairebelongedmaintainedthe doctrineof psychological hedonism,thatthe individual calculates pleasuresandpainsinadvance of actionand regulateshisconductbythe resultsof hiscalculations.Thatsince punishme mustbe one that can be calculated,itmustbe same forall individual regardlessof age,mentality,social orother conditions. Criminalistics –Sumtotal of the applicationof all sciencesincrime detection.A criminal commitscrime bymeansof thing or he leavessomethinginthe crime scene. These Physical Evidence IncludeButNotLimitedToThe Following 1. Bloodand Bloodstain 2. Firearmsand otherdeadlyweapons 3. Fingerprintsandfootprints 4. Tool marksand many more Criminal Etiology –Isan attemptat scientificanalysisof the causesof crime. Criminological Schools - 1. Cartographical School 2. The SocialistSchool 3. The PsychiatricSchool 4. Sociological andSocial-Psychological School. DavidW. Maurer – AnAmericanauthorityinpolice matterswhoinhisbooks“The BigCon – 1940” once saidthe domina culture wouldcontrol the predatorycultureswithoutdifficultyandwhatismore,itcouldexterminate themfornocrimin subculture canoperate continuouslyandprofessionallywithoutthe connivance of the law. DivisionsOf Criminalistics -
  • 72. 1. Scientific- a. Chemistry b. Physics c. Biology 2. Technological –a. QuestionedDocumentExamination b. FirearmsIdentification c. FingerprintIdentification ItalianTheory – Dr. Cesare Lombroso 3 Classesof Criminals 1. Born Criminals –Atavism 2. Insane Criminals –Idiots,imbecile,dementia,paralysis,pelagnoetc. 3. Criminaloids –Notborn withphysical stigmabutwhoare of such mental makeup that theydisplayanti social conduct.Criminaloids are personssufferingfrompsychological defec Proponents/Pioneerof Italiantheory 1. Dr. Cesare Lombroso 2. Enrico Ferri 3. Garofalo JohnHoward – The greatprisonreformerwhowrote “The state of prisonsinenglandin1777 aftera personal investigatio of practicallyall the prisonsinEngland. Middle Of The 16th Century – The periodwhenthe firsthouse of correctionappearedinEnglandonthe petitionof Bisho Ridleyof Londonforhelpindealingwiththe sturdyvagabondsof the city.The Kinggave his place at Bridewelltobe one o the hospitalsof the cityfor lewdandidle anda place forthe employmentof the unemployedandthe trainingof children ModernTrend InCriminologyAndPenology –Isthat the offenderinsocietyregardlessof the gravity of the offensemust correctedand rehabilitatedforeventual returntothe community. Neo-Classical School –Thisschool arose at the time of the Frenchrevolutionandthe periodimmediatelyfollowing, maintainedthatwhile the classical school wascorrectingeneral,itshouldbe modifiedincertaindetailssince childrenan lunaticcan not calculate pleasuresandpain,theyshouldnotbe regardedascriminalsorto be punished. PEACE – Philippine Educator'sAssociationforCriminologyEducation,January15,1983. Penology –Concernedwiththe control andpreventionof crime andthe treatmentof youthful offenders.
  • 73. Phenomenon –Anyextremelyunusual orextraordinarythingoroccurrence. Philippine College Of Criminology –AtSta. Cruz Manila,FormerlyknownasPlaridel College,1950's. Founders: 1. ManilaPolice MajorEliseoVibar 2. Dr. PedroSolisof NBI 3. SC Associate Justice FelixBautistaAngelo PeterRentzel –A private personwhoin1669 establishedaworkhouse inhamburg at hisownexpense because he had observedthatthievesandprostitutesweremade worse insteadof betterbypilloryandhe hopedthattheymightbe improvedbyworkandreligiousinstructioninthe workhouse. Police/LawEnforcement –The core of the criminal justice systemorthe institutionwhichthe othermachineriesof the criminal justice systemare developed. Positive School –Thisschool deniedindividual responsibilityandreflectedanessentiallynonpunitivereactiontocrime an criminality.The adherentsof thisschool maintainedthatacrime as any otheract is a natural phenomenonlike tornado, floodetc. Principal DivisionOf Criminology - 1. Criminal Etiology 2. Sociologyof Law 3. Penology Social Contract Theory – It isbasedon the principle thatitisthe obligationof the state toprotectand provide safetyof th people andtopromote the happinessof itsconstituentmembers.Inreturnforthese services,itisthe obligationof the individualmembertosurrenderasmall portionof hisnatural libertyinobedience tothe validlawsof the state. Social Control Theory – Since man hasenjoyedfreelythe protectionandsecurity,itisnecessaryforthe state toassume some sort of control overthe behaviorof the memberssothatthe greatest happinessforthe majoritycanbe obtained. SociologyOf Law – Is an attemptat scientificanalysisof the conditionsunderwhichpenal/criminal lawsdevelopasa processof formal social control. TheoriesUnderlyingCriminal LawInRelationToMan
  • 74. 1. Classical Theory 2. Neo-Classical Theory 3. The Positive andItalianTheory *The behaviorsystemincrime maybe describedbyits3 principal characteristicsexcept“itisnotmerelyanaggregationo individualscriminalacts”.  The maintenance of peace andorder is the jointandseveral responsibilityof manandhisgovernment.Canbe describedbythe followingtheories: 1. Social Contract Theory 2. Social Control theory Human Behavior and Crisis Management Definition of Terms 2 BasicInstinct/Impulse 1. Eros – life instinct–preservationof life 2. Thanatos– Deathinstinct 3 Possible CausesOf Crime AndDelinquency 1. Conscience sooverbearing –strong 2. WeakConscience 3. Desire forimmediate gratificationof needs 3 ComponentsOf The HumanPersonality 1. ID 2. Ego 3. SuperEgo 3 DimensionOf PersonalityRelatedToCriminal Behavior – EysencksTheory 1. Psychotism 2. Extroversion
  • 75. 3. Neurotism 46 Chromosomes –normal person. Female –XX on 23rd chromosomes Male - XY on 23rd chromosomes Anal – Anusisthe source of gratification. Basic conceptOf The CrisisTheory 1. Equilibrium 2. Time 3. Change Behavior- 1. Overt– directlyseen 2. Covert– motives,emotions Catatonic– wax – motor disorder,will stayinone positionforalongperiodwithoutmoving,harmless. Change – the resultof crisisonindividual. Coprolalia–obtainingof sexual pleasure byusingorhearingcertaindirtywords Criminal Psychology –Human conductagainstcriminal laws. Crisis– A state provokedwhenaprocessfacesobstacle,hazardto importantlife goalsthatisfora time insurmountable throughthe utilizationof customarymethodof problemsolving. Delusion –erroneosbelief 1. Delusionof persecution 2. Delusionof grandeur–you feel asa powerful person Dyspareunia–painful intercourse Ego – Incharge withreality.
  • 76. ElectraComplex –For female,female childdevelophatredtothe motherbutsexual attractiontothe father. Equilibrium–state of balance or adjustmentbetweenopposite ordivergentinfluences. Exhibitionism–exposureof genitalsinpjublic. Extroversion –sensationseeking,anventurous,dominant,assertive. Faotreurism–rubbinggenitalstootherperson. Fetishism/Fatalism –sex objectsare not human. Frigidity –inabilitytohave sexual arousal andenjoycoitus. GeneticBasisOf Criminology –badseedtheory. Genital – Withotherperson. Gonorrhea– infectionof genitalsacquiredthroughsexualcontacts. Symptoms 1. Inflammation 2. Discharge of white,yellow oryellowishgreen fluid fromthe urethra 3.Burningsensationwhenurinating Treatment– injectionof penicillin Halucination –perceive somethingwithoutrealisticbasis. Hebephrenic– harmless,excessivewithdrawal fromhumancontact,characterizedbysillinessandchildlike mannerism. Herpes– infectionof the genetalsacquiredafter2-20days of sexual contactwiththe carrier. Symptoms 1. Sores,ruptures,andblisters 2. It isrecurrent Treatment– no sure cure yet
  • 77. Histrionic– characterizedbhyoverreactivity.OA Homosexuality –sexual attractionandrelationshipwiththe personof the same sex. ID – Basedon pleasure principle.Animal instinct. Incest– sex withclose relative Insanity – Symptoms 1. Halucination 2. Delusion Klismaphilia–eroticactivityinvolvingthe anal region Masochism– he isthe one beinghurt. Mental disorder– isinsanity.Isknownassevere psychosis,alsocalledschizophrenia. Narcisism– love of one'sself NarcisisticPersonality–inflatedego,“mataasangpagtinginsasarili” Necrophilia–sex witha corpse Neurotism–lowself esteem,moodswings,excessive anxiety. OedipusComplex –Formale,male childdevelophatredtothe fatherbutsexual attractiontothe mother. Oral – Mouth is source of gratification.Frombirthupto 3 years. Paranoid – characterizedbyextreme suspiciousness,mostdangerous. ParanoidPersonality –characterizedbysuspiciousnessbutabsence of delusionandhalucination.Neurotic. Paraphilias –abnormal waysof sexual gratification. PersonalityDisorder–not insane
  • 78. 1. Psychopath/Sociopath/Anti-social personality 2. NarcisisticPersonality 3. ParanoidPersonality 4. Histrionic 5. SchizoidPersonality Phallic– Source of pleasure isthe sex organ.About5 years old. Phedophilia–havingsex withchildren,usuallybelow 13yearsold. Psychology –Studyof behavior. Psychopath – no sense of shame,nomorality,donotlearnfromtheirexperience. Psychosexualdevelopment 1. Oral 2. Anal 3. Phallic 4. Genital Psychotism–aggressive,egocentric,impulsive. Sadism– a personwhoachieve sexual satisfactionbyseeingthe partnersuffer. Sado-Masochism–both sadismandmasochism SchizoidPersonality –extreme socialwithdrawal. Sexual Disorders - 1. Sexual Dysfunctions 2. Paraphilias 3. GenderidentityDisorder Sexual Dysfunction –sexual disorder.Arousal disorder. 1. Failure toachieve orgasm 2. Premature orgasm SigmundFreud – psychoanalytictheory.