crimc 1 module 7.pdf

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Introduction to Criminology University of Antique
MODULE ǀ INTRODUCTION TO CRIMINOLOGY
MODULE 7
CRIMINOLOGY & CRIMINAL JUSTICE
Introduction
The everyday life of every Filipino naturally revolves around our criminal justice system. Living a
normal life means abiding the laws, rules and regulations, and at the same time enjoying the rights and
protection afforded to him as a citizen of our demographic country, by the Constitution. Accordingly, a person
who goes beyond the bounds of the law is expected to face the consequences of his action and go through
the process of the criminal justice system (Mandelo,2013).
The Criminal Justice System in the Philippines is a modified version of the American Justice System.
The Philippine Criminal Justice System is comprised of the comprised of the following pillars: Law
Enforcement, Prosecution, Court, Correction and Community. This is an innovation of the American Justice
System where it only has three pillars, namely, Law Enforcement, Court and Correction. Prosecution and
Community are pillars included in our justice system because they play a vital role in crime prevention and
criminal justice process.
Intended Learning Outcome
At the end of this chapter, the students will be able to:
✓ Understand the important concepts in the study of Criminology and Criminal Justice
✓ Recognize and adhere on the functions and roles of the pillars of the Philippine Criminal Justice
System
Motivation
Think about
this…

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Lesson Proper
Distinction between Criminology and Criminal Justice
Criminology and Criminal Justice is different from each other. The known American sociologist Edwin Sutherland
provided a definition of Criminology that is widely used when referring to the study of crime by the various academic disciplines.
Sutherland described criminology as “the body of knowledge regarding crime as a social phenomenon. The definition includes
within its scope the process of making laws, of breaking laws, and of reacting towards the breaking of laws. The objective of
criminology is for the development of a body of general and verified principles and of other types of knowledge regarding this
process of law, crime and treatment of prevention.
On the other hand, criminal justice refers to the study of the processes involved in a system of justice, the people who
performed this tasks, the scope and nature of the system, and public policy, laws and regulations that shape the administration
and outcomes of a criminal justice system.
Criminology often includes the study of the criminal justice system, but the criminologist may focus more on theoretical
investigations, such as who breaks the law, why do people breaks the law, why do people not break the law, what motivates law
breaking, and what discourages law breaking.
According to Professor James A. Fagin of East Stroudsburg University of Pennsylvania, Criminology can be included in
the study of criminal justice. Because the academic discipline of sociology preceded that of criminal justice, the sociology
departments of many colleges and universities offer criminology classes, even when the institution has a criminal justice major. It
is not uncommon for sociology departments to distinguish between the study of criminology and the study of criminal justice.
However, many different scientific, professional, and academic disciplines contribute to the study of criminal justice, and these
include biology, chemistry, criminology, forensics, law, medical science, neurology, political science, psychiatry, psychology, public
administration and sociology. (Criminal Justice by James Fagin, pp. 25-26)
Criminology Criminal Justice System
Criminology tends to focus on the determination and
development of principles, concepts, and theories of crime
causation.
Criminal Justice tends to focus on the legal process on how
to deal with criminal offender.
Criminology explains the etiology (origin), extent and nature
of crime in the society.
Criminal Justice studies the agencies of Social Control that
handles criminal offenders.
Criminology tends to focus on research. Criminal justice tends to focus on the application, public law,
public policy, and decision making, and career development.
Criminologists are concerned with identifying the nature,
extent, and cause of crime.
Criminal Justice Professionals are engage in describing,
analyzing, and explaining the operations of agencies of
justice (the five components of CJS). They seek more
effective methods of crime control and offender rehabilitation.
Both criminology and criminal justice are eclectic disciplines that borrow researches and theories from other related
disciplines. Some of the earliest criminologists were medical doctors and psychiatrists, while many influential criminologists of
the twentieth century were sociologists.

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Scope of the Study of Criminology
Criminology is the broad field of the study of crimes and criminals. Its scope is categorized into the following studies:
1. The Making of Laws-pertains to the examination of the nature and structure of laws in the society which could be
analyzed scientifically, systematically and exhaustively to learn causation and eventually help fight them.
2. The Breaking of Laws- pertains to the examination of the reasons of crime causation which primarily deals to answer
issues why despite the presence of laws people commit crimes.
3. Reaction Towards the Breaking of Laws- pertains to the study of how people, the criminal and the government reacts
towards the breaking of laws because the reactions necessarily bright light to the development of modern measures to
treat the criminal offenders at the same time
Areas of Study in Philippine Criminology
Six Principal Areas in Criminology in relation to the licensure examination for criminologists:
1. Criminal Behavior or Criminal Etiology- the scientific analysis of the causes of crime and the study of criminal behavior,
which is under the area of Criminal Sociology.
2. Sociology of Law - the study of law and its application, which is under the area of Criminal Jurisprudence and
Procedures.
3. Penology or Correction – study that deals with punishment and the treatment of criminals offenders under the area of
Correctional Administration.
4. Criminalistics or Forensic Science – study regarding “instrumentation” involving the tools in crime detection and
criminal identification. It belongs to the area known as Criminalistics.
5. Law Enforcement- refers to the manner in which authorities enforce the local and national laws of the land. Under the
area of Law Enforcement Administration.
6. Criminal Investigation- pertains to the processes of crime detection and the identification of criminal offenders. It is
under the area of Crime Detection and Investigation.
Other Sub-Fields or Perspectives of Criminology
1. Critical criminology- the study focuses on law and punishment where crime is viewed as interconnected and part of
the system of social inequalities. Critical Criminologists deals on the account of contextual factors of crime such as
oppression of workers, class division, ethnic minorities, women, sexism and racism.
2. Applied criminology- uses a variety of disciplines to examine criminality and the criminal justice system. The study
focuses more on the processes seen in the justice system and in the enforcement of laws directed towards influential
social policies.
3. Experimental Criminology- It focuses on random selection of social issues directed to evidenced-based crime and
justice policy.
4. Comparative Criminology- a perspective of criminology that deals with the study of the crime problem by understanding
the differences and similarities of social cultures in order to understand crime patterns and trends.
5. Convict Criminology- deals with study of convicts and ex-convicts in order to provide answers to many issues in criminal
justice where criminal correction is a pillar in the system.

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6. Green Criminology- deals with the analysis of crimes involving a variety of environmental concerns with link to criminal
activities.
Concept of the Philippine Criminal Justice System
1. The First Pillar- Police/Law Enforcement
The first pillar stands as the forefront and prime mover of the justice system which have the following goals to wit:
1. Crime Prevention
2. Arrest or Criminal Apprehension
3. Criminal Investigation
4. Order Maintenance
5. Public Service
6. Traffic regulation and motor accident investigation
The Police
The police or law enforcers are the most visible representative of the government in the society. The first line of defense
against crime, for only if the police arrest suspect will rest of criminal justice system come play in prosecuting, trying, convicting
and rehabilitating the offenders.
The term “police” derived from the word POLITIA, meaning condition of a state, government, and administration. Politia
originated from the Greek word “Politeia” which means government, citizenship, or the entire activity of polis in the city.
Police Roles in Criminal Justice System
1. To conduct Criminal Investigation
2. To make an arrest or criminal apprehension
3. To conduct search and seizures
4. To prepare and file complaint
5. To participate in the prosecution of offenses
Note: In every stage of police performance of its roles and duties, strict compliance to constitutional and statutory rights of person
shall always be observed.
2.The Second Pillar- Prosecution
In this stage of justice system, determination of the legality of the action of the law enforcer and the evaluation of evidence
presented takes place. Likewise, presence of probable cause to warrant prosecution known as Preliminary Investigation will be
determined.
Three (3) main functions of the Prosecution Pillar
1. To conduct Preliminary Investigation
2. To conduct Inquest Proceeding
3. To act as lawyer of the state in criminal prosecution
3.The Third Pillar- Court
In this stage of criminal justice system, judicial determination of the guilt or innocence of the accused is under
consideration. Our Constitution ordains that judicial powers shall be vested in one Supreme Court and such lower courts as may
be established by law (Section 1, Article VIII of the 1987 Philippine Constitution).
Court
- Is defined as a governmental body officially assembled under the authority of law at the appropriate time and place for
the administration of justice through which state enforces its sovereign rights and power.
Judicial Power
- The judicial power shall be vested in one Supreme Court and in such other courts as may be established by law.

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- Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to
lack of excess of jurisdiction on the part of any branch or instrumentality of the Government (Section 1, Article VIII, 1987
Constitution).
Functions of the Court
1. Keeping the peace
2. Deciding controversies
3. Administrative Role
Different Judicial Courts in the Philippines
1. The Supreme Court
2. Court of Appeals
3. Court of Tax Appeals
4. Sandiganbayan
5. Regional Trial Court
6. Municipal Trial Courts
7. Family Court
8. Shari’a Court
Note: Barangay Court is not among those judicial courts
Criminal Jurisdiction
- Is the authority to hear and try a particular offense and impose the punishment for it. Criminal jurisdiction is essential
because without this the court cannot hear, try and decide to a particular case.
4.The Fourth Pillar- Correction
In this stage, correction, rehabilitation and reorientation of those who judicially found guilty will takes place.
Correction
- Is that branch of the administration of criminal justice charged with the responsibility for the custody, supervision and
rehabilitation of the convicted persons.
- Correction is in a view of reorientation or re-instruction of the individual with a purpose of preventing a repetition of the
unlawful activities without necessity of taking punitive action.
Two (2) Approaches of Correction
1. Institutional Correction
- Rehabilitation or correctional programs takes place inside correctional facilities or institutions such as national
penitentiaries and jails.
2. Non-Institutional Correction
- Rehabilitation or correctional programs takes place within the community. This is otherwise refers to as community-
based correction. Is this approach the convict will not be placed in correctional facility or jail.
Agencies of the government charged with correctional responsibility
1. Bureau of Correction (BuCor)
2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-Provincial Jails (Provincial Governments)
6. Department of Social Welfare and Development (DSWD)

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5.The Fifth Pillar- Community
Community as a pillar is very indispensable in the system because in the absence of citizen’s assistance, the criminal
justice system will not be able to handle effectively the complicated task of preventing and controlling crime. There is a need for
more balance allocation of peacekeeping duties between the criminal justice system and the prevention of responsibilities.
Crime prevention activities must include those that have greatest potential for crime reduction and improving the quality
of life. These may be accomplished by the following:
1. Reinforcing and strengthening the basic social institution which is the family through programs formulated by the
government such as Department of Education (DepEd), the Department of Social Welfare and Development (DSWD)
and the concerned Local Government Units (LGU’s) with coordination with Non-Governmental Organization (NGOs).
2. To provide quality but less costly education up to tertiary level. Full scholarship must likewise available for those who are
cannot afford to expend for their education with through programs of DepEd, CHED and TESDA.
3. Providing health-care programs by the DOH and PHILHEALTH for those who are considered victim of illegal drugs
especially in the areas where there are rampant drug abuse problems.
4. Providing recreation programs for the youth to prevent delinquency and drug abuse.
5. Active participation of the mass media in educating the public against criminality.
6. Providing and creating job opportunities for those unemployed and underemployed with the assistance of the Department
of Labor and Employment.
The success of the Criminal Justice System, specifically the community pillar will be based on the role performances of the
following:
1. The Family
2. The Barangay
3. The Schools
4. The Government
5. The Private Sectors (NGO’s)
6. The Church
7. The Mass Media
Sources:
1. Introduction to Philippine Criminal Justice System by Brian B. Guerrero, Wiseman’s Book Trading Inc., Philippine Copyright 2019
2. Essentials of Criminology 2nd Edition by Jesster P. Eduardo, Wiseman’s Book Trading Inc., Philippine Copyright 2018
3. Essentials of Criminology by Dr. Miller F. Peckley and Jesster P. Eduardo, Wiseman’s Book Trading Inc., Philippine Copyright 2010

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Integration/Application
 Choose your pair.
 Discuss with your chosen partner on how you will create your mini
glossary.
 Based on the lessons given, choose 25 terminologies that you think
it is worth to be understand and memorize by a criminology student.
 Provide the meaning of those chosen words. You may research and
add definitions, provided it is connected to our lesson.
 Encode it in a short size bond paper with your own chosen
background.
 Arrange it in an alphabetical order.
 3 points each

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Enrichment
NAME IT TO WIN IT
Directions: Identify what is asked based on the given pictures on each number. All of the
answers can be found from the chapter. Three (3) points each for every correct answer.
1.
--- W
2.
3.
--- I

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4.
5.
---BARBI ---MO
6.
7.
---- KLE

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8.
---AC
9.
--- TIONARY --- LO
10.
11.

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12.
--- T
13.
---Y ----DECORA
14.

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15.
---NA
Answers:
1. Court
2. Police
3. Enforcement
4. Community
5. Prosecution
6. Justice
7. Barangay
8. Correction
9. Jurisdiction
10. Government
11. Role
12. Agencies
13. Functions
14. Comparative
15. Prevention

crimc 1 module 7.pdf

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crimc 1 module 7.pdf