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pointers-crim soc/Gemini Criminology Review and Training Center 2014

SUBJECT: JUVENILE DELINQUENCY, INTRO TO CRIMINOLOGY, POLICE ETHICS,


HUMAN BEHAVIOR and CRISES MANAGEMENT , CRIMINAL JUSTICE SYSTEM AND
RESEARCH

Intro to Criminology

Cesare Lombroso - an italian doctor and sometimes regarded as the father of


criminology. Considered also as the founder of criminal anthropology. He
suggested that physiological traits such as the measurement of the checkbones
or hairline or a cleft palate, considered to be throwbacks to neanderthal man,
were indicative of "atavistic criminal tendencies". This approach has been
superseded by the beliefs of Enrico Ferri.
 Enrico Ferri - a student of Lombroso, believe that social as well as biological
factors played a role and held the view that criminals should not be held
responsible when factors causing their criminality were beyond their control.
 Sociological positivism - suggest that societal factors such as poverty,
membership of subcultures or low levels of education can predispose people to
crime.
 Adolphe Quetelet - made use of data and statistical analysis to gain insight
into relationship between crime and sociological factors. He found that age,
gender, poverty, education and alcohol consumption were important factors
related to crime.
 Rawson W. Rawson - utilized crime statistics to suggest a linkbetween
population density and crime rates with crowded cities creating an environment
conducive for crime.
 Joseph Fletcher and John Glyde - also presented papers to the statistical
society of London on their studies of crime and its distribution.
 Henry Mayhew - used empirical methods and an ethnographic approach to
address social questions and poverty.
 Emile Durkheim - viewed crime as an inevitable aspect of society with
uneven distribution of wealth and other differences among people.
Chicago school - arose in the early 20th century, through the work of Robert Park,
Ernest Burgess and other urban sociologist at the university of Chicago. Park and
Burgess identified five concentric zones that often exist as cities grow, including the
zone in transition which was identified as most volatile and subject to disorder.
Edwin Sutherland - suggested that people learn criminal behavior from older,
more experienced criminals that they may associate with. (differential association).
1. Criminology- Is a body of knowledge regarding delinquency and crime as a social
phenomenon (Tradio, 1999). It may also refer to the study of crimes and criminals and
the attempt of analyzing scientifically their causes and control and the treatment of
criminals.
2. Sociological Criminology – the study of crime focused on the group of people and
society as a whole. It is primarily based on the examination of the relationship of
demographic and group variables to crime.
3. Psychological Criminology – the science of behavior and mental processes of the
criminal. It is focused on the individual criminal behavior-how it is acquired, evoked,
maintained, and modified.
4. Psychiatric Criminology – the science that deals with the study of crime through
forensic psychiatry, the study of criminal behavior in terms of motives and drives that
strongly relies on the individual.
5. Criminal Behavior or Criminal Etiology - the scientific analysis of the causes of crime;
6. Sociology of Law - the study of law and its application;
7. Penology or Correction - the study that deals with punishment and the treatment of
criminals;
8. Criminalistics or Forensic Science - one more area of concern in crime detection and
investigation.
9. An Applied Science – Anthropology, psychology, sociology and other natural sciences
may be applied in the study of the causes of crime while chemistry, medicine, physics,
mathematics, etc. maybe utilized in crime detection.
10. Acquisitive and Extinctive Crimes - Acquisitive Crime is one which when committed,
the offender acquires something as a consequence of his criminal act. The crime is
extinctive when the result of criminal act is destruction.
11. Seasonal and Situational Crimes - Seasonal crimes are those that are committed only
at certain period of the year while situational crimes are those that are committed only
when given a situation conducive to its commission.
12. White Collar and Blue Collar Crimes - White Collar Crimes are those committed by a
person of responsibility and of upper socio-economic class in the course of their
occupational activities. Blue Collar Crimes are those committed by ordinary
professionals to maintain their livelihood.
13. Crimes by Imitation and Crimes by Passion - Crimes by Imitation are crimes
committed by merely duplication of what was done by others. Crimes by Passion are
crimes committed because of the fit of great emotions.
14. Chronic Criminal is one who commits crime acted in consonance of deliberated
thinking. He plans the crime ahead of time. They are the targeted offenders.
15. Organized Criminal is one who associates himself with other criminals to earn a high
degree of organization to enable them to commit crimes easily without being detected by
authorities. They commit organized crimes.
16. Professional Criminal is a person who is engaged in criminal activities with high degree
of skill. He is usually one who practices crime as a profession to maintain a living.
17. Accidental Criminals are those who commit crimes when the situation is conducive to
its commission.
18. Habitual Criminals are those who continue to commit crime because of deficiency of
intelligence and lack of self – control.
19. Active Criminals are those who commit crimes due to aggressiveness.
20. Habitual Delinquent is a person who, with in 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, estafa, or falsification, is found guilty of any of the said crimes or a third time
oftener.
21. Recidivist is 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 Revised
Penal Code.
22. Victimology is simply the study of victims of crimes and contributory role, if any, in
crime causation. It is also the scientific process of gaining substantial amounts of
knowledge on offender characteristics by studying the nature of victims. (Schmalleger,
1997).
23. SUBJECTIVE APPROACHES - deals mainly on the biological explanation of crimes,
focused on the forms of abnormalities that exist in the individual criminal before, during
and after the commission of the crime (Tradio, 1999). Included under this approach are:
24. Anthropological Approach – the study on the physical characteristics of an individual
offender with non-offenders in the attempt to discover differences covering criminal
behavior (Hooton).
25. Medical Approach - the application of medical examinations on the individual criminal
explain the mental and physical condition of the individual prior and after the commission
of the crime (Positivist).
26. Biological Approach –the evaluation of genetic influences to criminal behavior. It is
noted that heredity is one force pushing the criminal to crime (Positivist).
27. Physiological Approach – the study on the nature of human being concerning his
physical needs in order to satisfy his ants. It explains that the deprivation of the physical
body on the basic needs is an important determiner of the commission if crime (Maslow).
28. Psychological Approach – it is concerned about the deprivation of the psychological
needs of man, which constitute the development of deviations of normal behavior
resulting to unpleasant emotions (Freud, Maslow).
29. Psychiatric Approach – the explanation of crime through diagnosis of mental diseases
as a cause of the criminal behavior (Positivist).
30. Psychoanalytical Approach – the explanation of crimes based on the Freudian Theory,
which traces behavior as the deviation of the repression of the basic drives (Freud).
31. OBJECTIVE APPROACHES - The objective approaches deal on the study of groups,
social processes and institutions as influences to behavior. They are primarily derived
from social sciences (Tradio, 1999). Under this are:
32. Geographic Approach – this approach considers topography, natural resources,
geographical location, and climate lead an individual to commit crime (Quetelet).
33. Ecological Approach – it is concerned with the biotic grouping of men resulting to
migration, competition, social discrimination, division of labor and social conflict as
factors of crime (Park).
34. Economic Approach – it deals with the explanation of crime concerning financial
security of inadequacy and other necessities to support life as factors to criminality
(Merton).
35. Socio – Cultural Approach – those that focus on institutions, economic, financial,
education, political, and religious influences to crime (Cohen).
36. Born Criminals – there are born criminals according to Lombroso, the belief that being
criminal behavior is inherited.
37. Criminal by Passion – are individuals who are easily influenced by great emotions like
fit of anger.
38. Insane Criminals – are those who commit crime due to abnormalities or psychological
disorders. They should be exempted from criminal liability.
39. Criminoloid – a person who commits crime due to less physical stamina/self self
control.
40. Occasional Criminal – are those who commit crime due to insignificant reasons that
pushed them to do at a given occasion.
41. Pseudo-criminals – are those who kill in self-defense.
HUMAN BEHAVIOR

The Classification of Human Behavior


1. Normal Behavior (adaptive or adjusted behavior) – the standard behavior, the totality
accepted behavior because they follow the standard norms of society.
2. Abnormal Behavior (maladaptive/maladjusted behavior) - A group of behaviors that
are deviant from social expectations because they go against the norms or standard
behavior of society.
3. A maladaptive (abnormal) person may be understood by the following definitions:
4. Abnormal behavior according to deviation of statistical norms based in statistical
frequency: Many characteristics such as weight, height, an intelligence cover a range of
values when, measured over a population.
5. Abnormal behavior according to deviation from social norms: A behavior that
deprives from the accepted norms of society is considered abnormal.
6. Behavior as maladaptive: Maladaptive behavior is the effect of a well being of the
individual and or the social group.
7. Abnormal behavior due to personal distress: This is abnormally in terms of the
individual subjective feelings of distress rather than the individual behavior.
8. Overt or Covert Behavior - Behaviors that are outwardly manifested or
9. Simple or Complex Behavior - These are acts categorized according to the number of
neurons involved in the process of behaving.
10. Rational or Irrational Behavior - There is rational behavior when a person acted with
sanity or reason and there is irrational behavior when the person acted with no apparent
reason or explanation – as when a man loses his sanity and laugh out loud at nobody or
nothing in particular.
11. Voluntary or Involuntary Behavior - Voluntary behavior is an act done with full volition
or will such as when we discriminate, decide or choose while involuntary behaviors
refers the bodily processes that foes on even when we are awake or asleep like
respiration, circulation and digestion.
12. Psychological Needs - are influenced primarily by the kind of society in which the
individual is raised.
13. Abraham Maslow has suggested that human needs form a hierarchy from the most
basic biological requirements to the needs for self-actualization – the highest of all
needs.
14. Biological or Physiological Needs – these motives include the need for food, water,
oxygen, activity, and sleep.
15. Cognitive Needs – our motivation for learning and exploration
16. Self- actualization – pertains to human total satisfaction, when people are motivated
not so much by unmet needs, as by the desire to become all they are capable of (self-
realization).
17. Frustration refers to the unpleasant feelings that result from the blocking of motive
satisfaction. It is a form of stress, which results in tension.
18. Conflict refers to the simultaneous arousal of two or more incompatible motives
resulting to unpleasant emotions. It is a source of frustration because it is a threat to
normal behavior (Berstein, et al, 1991).
19. Multiple Approach-Avoidance Conflict – a situation in which a choice must be made
between two or more alternatives each has both positive and negative features.
20. Anxiety is an intangible feeling that seems to evade any effort to resolve it. It is also
called neurotic fear. It could be intense, it could be low and can be a motivating force
(Coleman, 1980).
21. Stress is the process of adjusting to or dealing with circumstances that disrupts, or
threatens to disrupt a person’s physical or psychological functioning (Bernstein, et al,
1991)
22. Denial of Reality – protection of oneself from unpleasant reality by refusal to perceive or
face it. Simply by avoiding something that is unpleasant.
23. Fantasy – the gratification of frustration desires in imaginary achievement. Paying
attention not to what is going on around him but rather to what is taking place in his
thoughts.
24. Anxiety (Psychological Perspective) – stressful situations that when become extreme
may result to maladaptive behavior.
25. Pathological social conditions – poverty, social discrimination, and destructive
violence always results to deviant behavior.
26. NEUROTIC OR PSYCHONEUROTIC PATTERNS - are groups of mild functional
personality disorders in which there is no gross personality disorganization, the
individual does not lose contact with reality, and hospitalization is not required.
27. Anxiety Disorders - Anxiety disorders are commonly known as “neurotic fear”. When it
is occasional but intense, it is called “panic”.
28. Dissociative Disorders - A response to obvious stress characterized by amnesia,
multiple personality, and depersonalization.
29. Amnesia - The partial or total inability to recall or identify past experiences following a
traumatic incident.
30. Multiple Personality - It is also called “dual personalities.” The reason manifests two or
more symptoms of personality usually dramatically different.
31. Depressive Disorders (Major Depressive Disorder) – Patients with depressed mood
have a loss of energy and interest, feeling of guilt, difficulty in concentrating, loss of
appetite, and thoughts of death or suicide, they are not affected with manic episodes.
32. PSYCHOPATHIC PATTERNS - group of abnormal behaviors, which typically stemmed
from immature and distorted personality development, resulting in persistent
maladaptive ways of perceiving and thinking. They are generally called “personality or
character disorders”.
33. Paranoid Personality Disorder - It is characterized by suspicious, rigidity, envy,
hypersensitivity, excessive self-importance, argumentativeness and tendency to blame
others of one’s own mistakes.
34. Schizoid Personality Disorder - This is characterized by the inability to form social
relationship and lack of interest in doing so. The person seem to express their feelings,
they lack social skills. They are the so-called “loners”.
35. Dependent Personality Disorder - It is characterized by extreme dependence on other
people – there is acute discomfort and even panic to be alone.
36. Passive-Aggressive Personality Disorder - It is characterized by being hostile
expressed in indirect and non-violent ways. They are so called “stubborn”.
37. Compulsive Personality Disorder - It is characterized by excessive concern with rules,
order, and efficiency that everyone does things their way and an ability to express warm
feeling.
38. Anti-social Personality Disorder - It is characterized by continuing violation of the
rights of others through aggressive, anti-social behaviour without remorse or loyalty to
anyone.
39. PSYCHOTIC PATTERNS - are group of disorders involving gross structural defects in
the brain tissue, severe disorientation of the mind thus it involves loss of contact with
reality.
40. Delirium – the severe impairment of information processing in the brain affecting the
basic process of attention, perception, memory and thinking.
41. Dementia – deterioration in intellectual functioning after completing brain maturation.
The defect in the process of acquiring knowledge or skill, problem solving, and
judgement.
42. Amnestic Syndrome – the inability to remember ongoing events more than a few
minutes after they have taken place.
43. Hallucinosis – the persistent occurrence of hallucinations, the false perception that
arise in full wakefulness state. This includes hallucinations on visual and hearing or both.
44. Mental retardation - Metal retardation is a mental disorder characterized by sub-
average general functioning existing concurrency with deficits in adaptive behavior.
45. Schizophrenia and Paranoia - Schizophrenia – refers to the group of psychotic
disorders characterized by gross distortions of realty, withdrawal of social interaction,
disorganization and fragmentation of perception, thoughts and emotion. It also refers to
terms such as “mental deterioration”, “dementia praecox”, or “split mind”.
46. Paranoia – it is a psychosis characterized by a systemized delusional system. A
delusion is a firm belief opposed to reality but maintained in spite of strong evidence to
the contrary.

TYPES OF CRISIS
MAN-MADE CRISIS - civil disturbances - strike, riot, demonstration - revolt such as mutiny
and insurrection - revolution, border incident - war: conventional or nuclear – crimes:
kidnapping, hijacking, hostage-taking, etc
NATURAL CRISIS - fire, floods, earthquake, tidal waves - marine/air disaster, hazardous
spills, power failure, nuclear accidents - water/food shortage/scarcity, drought - volcanic
eruption, epidemic, etc.
INDIVIDUAL CRISIS – It refers to the feeling that arises when a person faces unpleasant
situation such as frustrations and conflicts. This includes:
Physical Crisis – those that are related to health problems or bodily sickness/sufferings.
Economics Crisis – the deprivation of the basic necessities of life like food and material
things.
Emotional Crisis – when an individual is affected by negative feelings like emotional
disturbances, fear, etc.
Social Crisis – the experiencing lack of interest, confidence and social skills to relate
meaningful, harmonious relationship with others.
Moral Crisis – the person has an irrational or distorted concepts of what is right or wrong, lack
of moral values and integrity of the person.
Psychosexual Crisis – failure of the person to assume ones sex role and identity as a man or
woman. The person has an inappropriate sex objective, inadequate and distorted expression of
affection.

PHASES OF CRISIS MANAGEMENT


PRO-ACTIVE PHASES – is the stage of advance planning, organization and coordination and
control in response to an anticipated future crisis occurrence. This phase is designed to
predict or prevent probability or occurrence of the crisis while at the same time prepares to
handle them when they occur.

PREDICTION - The first stage of anticipating future crisis occurrences through the following;
Update- Intelligence – involves the collection of information from variety of sources as basis of
actions and plan; those that are related to crisis management contingency planning.
Events – are those incidents that are already passed which can facilitate analysis necessary
for identification of probable threat groups, targets and necessary for advance planning.

Threat Analysis of Threat Groups

Political Terrorist – ideologically inspire individuals who grouped together for a common
purpose usually for change of government or political power. Ex. CPP/NPA, SPT’s, etc.
Criminals – these are people who commit terrorist acts for personal rather than ideological
gains. Some of the terrorist acts such as kidnapping are well planned, other are not planned, but
happens as a result of the fast response time by LEAs to an on going crime. For instance, a
number of bank robberies have evolved into unplanned hostage situation when policemen arrive
in response to an alarm robbery is in progress.
Mentally Deranged Individuals – people commit terroristic acts during a period of psychiatric
disturbance. This type is the most difficult terrorist to deal with. Many of them are impulsive and
unpredictable.
Personal Security – it considers that all personnel are susceptible to terrorist attack so the is
a need for securing them. All security measures designed to prevent unsuitable individuals of
DOUGHTFUL LOYALTY from gaining access to classified matters or security facilities.
REPUBLIC ACT NO. 9372
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM

JUVENILE DELINQUENCY

1.What is Juvenile delinquent?


-Is an anti-social behavior or act which neglects the rule of laws, customs, and culture
and against the regulations of society, making the youth prone to criminal behavior.
2) Delinquent – A young person who acted antisocially or broken the law
3) Minor – (juvenile) legal term for those under the age of majority, between the age of 18 and
21
4) Juvenile crime – In law, term denoting various offenses committed by children or youths
under the age of 18. Such acts are sometimes referred to as juvenile delinquency.
5) Truancy – Failure to attend classes for 20 days without reasonable cause.
STATUS OFFENDERS – Are acts that are considered delinquent if committed by a child but are not
considered if committed by an adult.
6.Juvenile justice and welfare system
- Refers to a system dealing with children at risk and children in conflict with the law,
which provides child appropriate proceeding, including programs and services for
prevention, diversion, rehabilitation, reintegration and aftercare to ensure their
normal growth and development.
7.Child at risk – refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to the
following:
(1) Being abuse by any person through sexual, physical, psychological, mental,
economic or any other means and parents or guardian refuse, are unwilling, or unable to
provide protection for the child;
(2) Being exploited including sexually or economically
(3) Being abandoned or neglect, and after diligent search and inquiry the parent or
guardian cannot be found;
a) Abandoned child – Refers to one with no proper parental care or guardianship, whose
abandonment is for a period of at least six months.
b) Neglected child – Refers to a one whose basic needs have been deliberately unattended of
inadequately attended
8.Child in Conflict with the Law
- Refers to a child who is alledge as, accused of, or adjudged as, having committed an
offense under Philippine laws.
- IMPORTANT TERMINOLOGIES:
- .ABANDONED CHILD –refers to one with no proper parental care or guardianship,
whose abandonment is for a period of at least six months.
- AT RISK –refers to the youth and young adults who lack skills and education
necessary to be in demand in modern society.
- . BIOGENIC APPROACH –Explains that human misconduct is a result of faulty
biology.
- . CAPABLE GUARDIANS –Refers to persons and individuals who are effective
deterrents to crime and delinquency such as police or watchful and concerned
neighbors.
- . CHILD ABUSE –refers to the maltreatment which may be habitual of a child which
maybe physical abuse, psychological abuse, neglect, cruelty, emotional and sex
maltreatment.
- .CHILD CARING INSTITUTION – Refers to a facility which provides 24 hour resident
group care for nine or more mentally gifted, dependent, abandoned or neglected
child, handicapped or youth offenders.
- .CHRONIC OFFENDER – a term coined by Wolfgang to denote a delinquent
offender who is arrested more than four times before the age of majority and stands
a good chance of becoming an adult criminal.
- CIVIC ASSOCIATION – shall refers to any club or organization of individuals 21
years of age or over, which is directly or indirectly involved in carrying out child
welfare activities and programs.
9.CONTAINMENT THEORY –this asserts that strong self image protects the youth from the
influence and pressure of criminogenic pulls in his environment.
10.CULTURE CONFLICT – sellin’s study which asserts that it is a condition which results from
rules and norms of an individual’s sub-cultural affiliation disagreement with the role demands of
conformist society.
11.DETENTION HOME –Refers to a 24-hour child caring institution which gives short term
resident care for youthful offenders awaiting court disposition.
- DRIFT – view that youth can move in and out of delinquency and that their lifestyle
can adjust and embrace both deviant and conventional values.
12.ECONOMIC ABUSE – Refers to acts that make or attempt to make a woman financially
dependent.
13.PARENS PATRIA – A doctrine in which the state acts as the father of the citizens.
14.RECEIVING HOMES – Refers to family type homes which gives temporary shelter from 10
to 20 days for children under observation.
15.RESTORATIVE JUSTICE – Refers to a principle which requires a process of resolving
conflicts with the maximum involvement of the victim, the offender and the community. It seeks
to obtain reparation for the victim; reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be reintegrated into society. It also
enhances public safety by activating the offender, the victim and the community in prevention
strategies.

DEFINITION OF TERMS:
1. JUVENILE – The juvenile began to be used when states passed laws establishing the legal age for
adulthood.
2. Referred to any person under the legal age of majority
3. JUVENILE DELINQUENCY – Is legally defined as any act which, if committed by an adult, would be a
crime.
4. The act, the actor, and the audience
5. JUVENILE DELINQUENT – Are underage counterparts to adult convicted criminals.
6. DELINQUENCY – Has become any act which would be a crime if committed by an adult.
7. As emotionally disturbed behavior, as persistently anti social and as behavior in an adolescent
disappointing beyond reasonable expectation.
8. PARENS PATRIAE – The legal philosophy justifying state intervention in the lives of children when
their parents are unable or unwilling to protect them.
9. A Latin term for parent of his country refers to the power of the state to act on behalf of the child
and provide care and protection equivalent to that of a parent.
10. STATUS OFFENSES – Include conduct that is illegal only if children engaged in it such as truancy,
curfew violation, runaways and incorability.
11. EMANCIPATION - A relinquishment of the care, custody and earnings of a minor child and the
renunciation of parental duties.
12. DEVIANCE- A behavior that departs from the social norm.
13. ABANDONMENT - The most common legal grounds for termination of parental rights, also a form
of child abuse in most states. Sporadic visits, a few phone calls, or birthday cards are not sufficient
to maintain parental rights. Fathers who manifest indifference toward a pregnant mother are also
viewed as abandoning the child when it is born.
14. ABUSE - Term for acts or omissions by a legal caretaker. Encompasses a broad range of acts, and
usually requires proof of intent.
15. ADJUDICATION - The phase of a delinquency hearing similar to a "trial" in adult criminal court,
except that juveniles have no right to a jury trial, a public trial, or bail.
16. ADMINISTRATIVE PROCEDURE - Any of the processes involving enforcement of care, custody, or
support orders by an executive agency rather than by courts or judges.
17. ADOPTION - A legal relationship between two people not biologically related, usually terminating
the rights of biological parents, and usually with a trial "live-in" period. Once an adoption is
finalized, the records are sealed and only the most compelling interests will enable disclosure of
documents.
18. BEST INTERESTS OF THE CHILD RULE - Legal doctrine establishing court as determiner of best
environment for raising child. An alternative to the Parens Patriae Doctrine.
19. BREED v. JONES (1975) - Case allowing second prosecution in adult court for conviction in juvenile
court, based on idea that first conviction was a "civil" matter.
20. CASE LAW - Law established by the history of judicial decisions in cases decided by judges, as
opposed to common law which is developed from the history of judicial decisions and social
customs.
21. CHILD PROTECTION ACTION - The filing of legal papers by a child welfare agency when its
investigation has turned up evidence of child abuse. This is a civil, rather than criminal, charge
designed to take preventive action (like appointment of a Guardian ad litem) for at-risk children
before abuse occurs.

22. CHILD SUPPORT – the act of being responsible for enforcing child support obligations.
23. CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A 1990 federal law allowing courts to take
extraordinary steps in protecting the emotional health of any child called to testify in a courtroom.
24. CHINS (CHild In Need of Supervision) - A term applied to status offenders adjudicated in juvenile
court.
25. CIVIL PROTECTION ORDER - A form of protective custody in which a child welfare or police agency
order an adult suspected of abuse to leave the home.
26. CUSTODIAL CONFINEMENT - Court order for placement in a secure facility, separate from adults,
for the rehabilitation of a juvenile delinquent.
27. DELINQUENCY PROCEEDING - Court action to officially declare someone a juvenile delinquent. A
"delinquent" is defined as under the age of majority who has been convicted in juvenile court of
Something that would be classified as a crime in adult court.
28. DEPENDENT - Anyone under the care of someone else. A child ceases to be a dependent when they
reach the age of emancipation.
29. DeSHANEY v. WINNEBAGO COUNTY (1989) - Case limiting extent by which government exercises
parens patriae power.
30. DISPOSITION - Phase of delinquency proceeding similar to "sentencing" phase of adult trial. The
judge must consider alternative, innovative, and individualized sentences rather than imposing
standard sentences.
31. DIVERSION - An alternative to trial decided upon at intake to refer the child to counseling or other
social services.
32. EMANCIPATION - Independence of a minor from his or her parents before reaching age of majority.
33. EQUAL PROTECTION – A clause requiring government to treat similarly situated people the same or
have good reason for treating them differently. Compelling reasons are considered to exist for
treating children differently.
34. FAMILY IMMUNITY DOCTRINE - Legal doctrine preventing unemancipated children from suing their
parents.
35. FAMILY PURPOSE DOCTRINE - Legal doctrine holding parents liable for injuries caused by a child's
negligent driving or other actions.
36. FOSTER CARE - Temporary care funded via Federal-State pass-through and arranged by a child
welfare agency in order to allow receipt of adequate food, clothing, shelter, education, and medical
treatment for anyone raising a child that is not their own.
37. GUARDIAN AD LITEM - Phrase meaning "For the Proceeding" referring to adults who look after the
welfare of a child and represent their legal interests.
38. GUARDIANSHIP - Court order giving an individual or organization legal authority over a child. A
guardian of the person is usually an individual and the child is called a ward. A guardian of the
estate is usually an organization, like a bank, which manages the property and assets of a child's
inheritance. Guardians are usually compensated for their services.
39. ILLEGITIMACY - Being born to unmarried parents. The law assumes legitimacy via a married
mother's husband, whether or not this is the true father. Illegitimacy status limits inheritance
rights.
40. IN LOCO PARENTIS - Teachers, administrators, and babysitters who are viewed as having some
temporary parental rights & obligations.
41. IN RE GAULT (1967) – (US) - Case that determined the Constitution requires a separate juvenile
justice system with certain standard procedures and protections, but still not as many as in adult
systems.
42. INTAKE - Procedure prior to preliminary hearing in which a group of people (intake officer, police,
probation, social worker, parent and child) talk and decide whether to handle the case formally or
informally.
43. JUDGMENT - Any official decision or finding of a judge or administrative agency hearing officer
upon the respective rights and claims of parties to an action; also known as a decree or order.
44. KENT v. U.S. (1966) - Case requiring a special hearing before any transfers to adult court.
45. MATERNAL PREFERENCE RULE - Legal doctrine granting mothers custodial preference after a
divorce.
46. NEGLECT - Parental failure to provide a child with basic necessities when able to do so.
Encompasses a variety of forms of abuse that do not require the element of intent.
47. PARENS PATRIAE - Legal doctrine establishing "parental" role of state over welfare of its citizens,
especially its children. A 19th century idea first articulated in Prince v. Massachusetts (1944).
48. PAROLE - Release of a juvenile delinquent from custodial confinement prior to expiration of
sentence; sometimes called aftercare.
49. PATERNITY - Result of lawsuit forcing a reluctant man to assume obligations of fatherhood. Blood
and DNA tests showing a 98 or 99 percent likelihood are the standard. Laws vary widely in terms of
statutes of limitations and when paternity actions will not be allowed (estoppel).
50. PLEADING - In juvenile court, a plea of "not guilty" will move the case to adjudication, and a plea of
"guilty" or "nolo contendere" will result in waiver of the right to trial. State procedures vary widely
in how intelligent and voluntary pleas are accepted.
51. PRELIMINARY HEARING - The bringing of a juvenile before a magistrate or judge in which charges
are formally presented. Similar to an arraignment in adult court, and also called "advisory hearings"
or "initial appearances" in some state juvenile justice systems.
52. PREVENTIVE DETENTION - Keeping a juvenile in custody or under a different living arrangement
until the time when an adjudication can take place. Upheld in Schall v. Martin (1984), but the right
to speedy trial requires the dropping of charges if an unreasonable amount of time is spent in
preventive detention.
53. PROTECTIVE CUSTODY - Emergency, temporary custody by a child welfare agency, police agency, or
hospital for reasons of immanent danger to the child. A hearing must be held for the benefit of the
parents within a few days.
54. PSYCHOLOGICAL PARENT DOCTRINE - Legal doctrine granting custody to the parent whom the
child feels the greatest emotional attachment to.
55. RESTITUTION - A disposition requiring a defendant to pay damages to a victim. The law prohibits
making restitution a condition of receiving probation. Poor families cannot be deprived of
probation simply because they are too poor to afford restitution. Some states do not allow families
to pay restitution.
56. RULE OF SIXTEEN – (US) - Federal and state laws that prohibit anyone under age 16 from
employment.
57. STANFORD v. KENTUCKY (1989) - Case in which it was determined constitutional to execute
juveniles between the ages of 16-18, but unconstitutional if they committed crimes while under age
16. Won by a narrow majority, as in the 1988 case of Thompson v. Oklahoma which relied upon
"standards of decency".
58. STATUS OFFENSE - An activity illegal when engaged in by a minor, but not when done by an adult.
Examples include truancy, curfew, running away, or habitually disobeying parents.
59. STEPPARENT - A spouse of a biological parent who has no legal rights or duties to the child other
than those which have been voluntarily accepted.
60. SURROGATE PARENT - A parent who provided an egg, sperm, or uterus with an intent of giving the
child up for adoption to specific parties.
61. TENDER YEARS DOCTRINE - Legal doctrine that unless the mother is "unfit", very young children
should be placed in custody with their mother following a divorce.
62. TERMINATION HEARINGS - Process for legally severing the parent-child relationship. Initiated by
the filing of a petition in family court, and almost always brought forth by a child welfare agency.
Requires a finding of "unfitness" and a determination of the best interests of the child.
63. UNFIT PARENT - A temporary or permanent termination of parental rights in the best interest of
the child usually for reasons of abandonment, abuse, or neglect, but also including mental illness,
addiction, or criminal record. Poverty alone and character flaws are prohibited by law from being
indicators of "unfitness".

ETHICS

Ethics – Is a branch of philosophy which studies the principles of right or wrong in human conduct. It
comes from the Latin word “ethos” means customary, behavior, moral.
Morality – is the quality of human acts by which they are constituted as good, bad, or indifferent
Classification of Actions According to the Norms of morality:
1. Moral (Good) actions which are in conformity with the norm of morality.
2. Immoral (Bad) actions which are not in conformity with the norm of morality.
3. Amoral (Indifferent) actions which stand neutral in relation to the norm of morality. They are neither
good nor bad in themselves. But certain amoral actions may become good or bad because of the
circumstances attendant to them.
CARDINAL VIRTUES:
a) Prudence – refers to the ability to govern and discipline oneself by means or logical reasoning and
sound discretion (wise judgment)
b) Temperance – Refers to the ability to avoid something and act with moderation, regulating one’s
carnal appetite for sensual pleasures.
c) Fortitude – Denotes firmness of mind, the courage to endure without yielding. It is a combination of
patience (Calmness and composure), perseverance (the ability to continue despite of obstacles or
opposition) and endurance (the ability to survive).
d) Justice – it refers to a virtue that inclines the will to give every person his/her accorded rights.

PNP Core Values


1. Love of god
2. Respect for authority
3. Selfless love and service for people
4. Respect for women and the sanctity of marriage
5. Responsible dominion and stewardship over material things
6. Truthfulness

CUSTOMS AND TRADITIONS


1. Customs – Established usage or social practices carried on by tradition that has obtained the force
of law
2. Tradition – Bodies of beliefs, stories, customs and usage handed down from generation to
generation with the effect of an unwritten law
3. Courtesy – A manifestation or expression of consideration and respect for others
4. Ceremony – A formal act or set of formal acts established by customs or authority as proper to
special occasion
5. Social Decorum – A set of norms and standards practiced by members during social and other
functions.

Police Customs on Courtesy


1. Salute – is the basic form of courtesy, it is the usual greeting rendered by uniformed members upon
meeting and recognizing person entitled to a salute.
2. Salute to National Color and Standards – Members stand at attention and salute the national color
and standard as it pass by them or when the national color is raised or lowered during ceremonies.
3. Address/title – Junior in rank address senior members who are entitled to salute with the word “Sir”.
4. Courtesy Calls - the following are the customs on courtesy calls:

a. Courtesy Call of Newly Assigned / Appointed Member – PNP members who are newly appointed or
assigned in a unit or command and to other key personnel for accounting, orientation and other
purposes.
b. Christmas Call – PNP members pay a Christmas call on their local executives in their respective area
of responsibility.
c. New Year’s Call – PNP members pay a New Year’s call on their commanders and key officials in
their respective area of responsibility
d. Promotion Call – Newly promoted PNP members call on their unit head. On this occasion they are
usually given due recognition and congratulations by their peers for such deserved
accomplishment.
e. Exit Call – PNP members pays an exit Call on their superiors in the unit or command when relieved
or reassigned out of the said unit or command.
f. Courtesy of the Post – The host unit extends hospitality to visiting personnel who pa respect t the
command or unit
g. Rank Has-Its-Own Privilege (RHIP) – PNP members recognize the practice that different ranks carry
with them corresponding privileges.
1. Police Customs on Ceremonies
2. Flag raising Ceremony – The PNP members honor the flag by raising it and by raising it and singing
the national anthem before the start of the official day’s work.
3. Flag Retreat Ceremony – At the end of the official days work, the lowering of the flag.
4. Half-Mast – The flag is raised at half-mast in deference to decreased uniformed members of the
command.
5. Funeral Service and Honors – Departed unformed members, retirees, war veterans or former PC/
INP services and graveside honors as a gesture of farewell
6. Honor Ceremony – arrival and departure honor ceremonies are rendered to visiting dignitaries,
VIPs, PNP Officers with the grade of Chief Superintendent and above and AFP officers of equivalent
grade, unless waived.
7. Turn-Over Ceremony – the relinquishment and assumption of command or key position is publicly
announced in Turn-Over Ceremony by the outgoing and incoming officers in the presence of the
immediate superior or his representative.
Law Enforcement Misconduct:
1. Malfeasance – Refers to acts of wrongdoing or misconduct.
2. Misconduct – refers to the improper performance of a lawful act.
3. Nonfeasance – Means the failure to take prompt action.
4. Negligence – refers to acts where the state of mind or intent is not essential
5. Gratuities – Material favors or gifts
a) Pasasalamat
b) Pabagsak
c) Padulas

Definition of Terms:

1. Camaraderie – the binding spirit that enhances teamwork and cooperation in the police
organization, extending to the people they serve, is manifested by the PNP members deep
commitment and concern to one another.
2. Carnivorous Cops – Also known as “Meat Eaters”, they are police officers who actively seek
minor type of corruption opportunities as they present themselves.
3.Esprit de Corps – Refers to group spirit; sense of pride, honor shared by those in the same group
or undertaking
4.Happy Hours – Usually on Fridays or any other days suitable for the occasion PNP members gather
together at their PNP club for a light heated jesting or airing of minor gripes
5. Human Rights – Refers to human dignity and man’s inalienable right to life, liberty and property
6. Shakedown – An act of extortion committed by policemen in cases involving arrests without
warrant, it usually involves bargaining release in exchange of monetary consideration of favor
7.Word of Honor – The act of standing by and committing to uphold a spoken promise
Criminological Research & Statistics

1. Criminological Research – It is defined as a careful, systematic study of knowledge in the


field of criminology or criminal justice, undertaken to discover or establish facts of the crimes or
causations of crime.
2. Descriptive Research – This finds answer to the questions who, what, when, where and
how; this type of research describes a situation or a given state of affairs in terms of special
aspects or factors.
3. Correlation Research – It goes beyond description of the problem or situation; and it
attempts to explain the possible factors related to a problem which has been observed in a
descriptive study.
4. Intervention Research – It evaluates the effect or outcome of a particular intervention; and it
studies the ‘cause and effect” of the relationship between certain phenomenon under controlled
conditions.
5. Pure Basic Research – It is concerned with the acquisition of new knowledge for the sake of
science or the development of the field.
6. Applied Research – It is a practical research concerned with solving immediate policy
problems.
7. Quantitative Research – In this classification of research; concepts are assigned numerical
value; and research methods in the social sciences, of which criminal justice is heir, had
followed these basic philosophical traditions.
8. Qualitative Research – In this classification of research; concepts are viewed as sensitizing
ideas or terms that enhance understanding.
9. Explanatory Research – It is a loosely structured but valuable methodological strategy in
criminal justice, criminological and social sciences research.
10. Exploratory Research – When scientist are interested in some phenomenon, but feel they
need to know a great deal more about it before they can put together a well-organized and
thorough study on it, they often engage in this research.

CRIMINAL JUSTICE SYSTEM


Criminal Justice System (CJS) is the machinery used by the society to prevent and control
crime. It is the tool of a democratic government to protect the people against criminality and
other peace and order problems.
Justice defined -
1. Justice is “rendering what is due or merited and that which is due or merited.”
2. Justice, according to the Supreme Court of the Philippines, is symbolically represented
by a blindfolded woman, holding with one hand a sword and with the other a balance.
Police forces organized during the Spanish regime were:
a. Carabineros de Seguridad Publico (Mounted Police): This was organized in
1712 for the purpose of carrying out the policies of the Spanish government.
Carabineros were armed and considered as the mounted police. Later, they
discharged the duties of a port, harbor, and river police.
b. Guardrilleros: This was a body of rural police organized in each town that was
created by the Royal Decree of January 8, 1836. This police force was
composed of 5% of the able-bodied male inhabitants of each town or province,
and each member should serve for at least 3 years.
c. Guardia Civil: This was the police organization created by the Royal Decree
issued by the Spanish Crown government on February 12, 1852. It relieved the
Spanish Peninsular Troops of their works in policing towns. It consisted of a body
of Filipino policemen organized originally in each of the provincial capitals of the
central provinces of Luzon under the command of Alcalde (Governor).
The first American occupation in the Philippines that came after the Filipino-American War
(1898 to 1901) was followed by a period of political ferment and social imbalance.
a. Insular Police Force was established on Nov. 30, 1890 during the Filipino-
American war (1898-1901) upon the recommendation of the Philippine
Commission to the Secretary of War.

b. Another Insular Police Force was created on JULY 18, 1901 by virtue of ACT #
175, titled as "AN ACT PROVIDING FOR THE ORGANIZATION
AND GOVERNMENT OF AN INSULAR CONSTABULARY".

c. Manila Police Department was organized on July 31, 1901 by virtue of Act #
183 of the Philippine Commission. The 1st Chief of Police was Capt. George
Curry.

d. The Philippine Constabulary (PC) was formally established on Oct. 03, 1901 by
virtue of Act # 255. Capt. Henry T. Allen was the 1st Chief of the Philippine
Constabulary. The PC was manned mostly by Filipinos but officers were mostly
Americans.

e. Revised Administrative Code of 1917 was approved a year before World War I
(August 1914 to November 1918) ended. In section 825 of this law, it stated that
the Philippine Constabulary is a national police institution for preserving
the peace, keeping order and enforcing the law.

f. In November 1938, Act # 181 required the creation of a Bureau of Investigation.


This agency should be the modification of the Division of Investigation (DI) from
the Department of Justice. Finally, on June 19, 1947, RA 157 was enacted which
created the National Bureau of Investigation.

a. In 1960, Republic Act # 2678 was enacted and this law provided the expansion
and reorganization of the NBI. This law established that the NBI is both an
investigative and research service agency.
b. On January 1, 1964, the Rules of Court took effect. This procedural law was
construed in order to promote the broad objective of the criminal justice system
and to assist the parties in obtaining just, speedy, and inexpensive determination
of every action and proceeding.
c. On September 18, 1966, Republic Act # 4864 otherwise known as Police Act of
1966 was enacted. The law created the office of the Police Commission (which
was later called National Police Commission) under the Office of the President.
Originally, the POLCOM was created as a supervisory agency to the PC. Its
function is to oversee the training and professionalization of the local police
forces. Through this law, reformation and professionalization of the police service
gained official recognition.
d. On Aug. 8, 1975, Presidential Decree # 765 was enacted and stipulated that the
office of the NAPOLCOM should be under the office of the Ministry of National
Defense. It defined also the relationship between the Integrated National
Police and the Philippine Constabulary. This was in compliance with the
provisions of Section 12, Article 15 of the 1973 Philippine Constitution.
e. On December 13, 1990, Republic Act # 6975 was approved by then President
Corazon Aquino. This law is known as the DILG Act of 1990 and but it is also
recognized as The PNP Law of 1991. This law created the Philippine National
Police and declared it to be the only police force of the country with national
scope and civilian in character.
f. On February 25, 1998, the provisions of Republic Act # 6975 concerning the
PNP were amended when Republic Act # 8551 was approved by President
Fidel Ramos. RA # 8551, known as the PNP Reform and Reorganization Act
of 1998, reorganized the PNP for the purpose of reforming or professionalizing it.
1. Prosecution is the legal process/method by which an accusation is brought to the
court (or any judicial and quasi-judicial body) for proper adjudication/arbitration
(settlement)
B. WHO IS A PROSECUTOR?

1. A Prosecutor is a public officer having an authority to conduct legal actions


concerning the complaint filed at his office and perform other prosecution
functions as provided by law.
2. The Prosecutor is not just an ordinary official of the government; he is an officer
of the court whose criminal responsibility under the law is to carry out the
administration of the CJS thru an adequate examination of the offense charged
and to decide whether or not to prosecute a person without sacrificing fairness
and justice.

THE PROSECUTION PROCESS

1. Filing of Complaint
Complaint is legally defined as a sworn written statement charging a
person with an offense, subscribed by the offended party, any peace officer or
other public officer charged with the enforcement of the law violated. (Sec. 3, Rule
110, RRC)

2. Preliminary Investigation
Preliminary Investigation refers to an inquiry or proceeding for the purpose
of determining whether there is a sufficient ground to engender a well-founded
belief that a crime has been committed and that the suspect/respondent is
probably guilty thereof, and should be held for trial. (Sec. 1, Rule 112, RRC)

Officers authorized to conduct Preliminary Investigation:


a. Provincial or City fiscals and their assistants
b. Judges of the MTC and the MCTC
c. National and Regional state prosecutors
d. Such other officers as may be authorized by law

INQUEST is an informal summary investigation conducted by a public


prosecutor in criminal cases involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the purpose of determining
whether or not the person should remain under custody and correspondingly be
charge in court.

3. Filing of Information
Information is defined as an accusation in writing charging a person with an
offense subscribed by the prosecutor and directly filed with court. By definition, it
is only the prosecutors authorized to file information document to the court.

4. Arraignment
Arraignment is the stage of criminal proceeding purposely done to determine
the identity of the accused in the court (Sec. 1, Rule 116)

5. Filing of Bail
Bail refers to the security given for the release of a person in custody of the
law, furnished by him or a bondsman, conditioned upon his appearance before
any court as required under the conditions specified by the court. (Sec. 1, Rule
114)

Bail that maybe posted by the accused maybe in form of:


a. Cash Deposit – the money that is deposited in cash with the nearest collector
of internal revenue or to the local treasurer by the accused person or any
person acting in his/her own behalf
b. Corporate Surety – a bond subscribed jointly by the accused and an officer
duly authorized by the board of directors of any domestic or foreign
corporation licensed as a surety provider in accordance with law and
currently authorized to act as such
c. Property Bond – an undertaking constituted as a lien on the real property
given as security for the amount of bail
d. Recognizance – a written promise to appear in court during any legal
proceeding conducted for the purpose of trial or any judicial proceeding of
a case under investigation

6. Detention (Preventive Imprisonment)


Detention is the act of restraining one’s liberty. Detention maybe applied to:
a. accused persons who cannot post bail while their case is under trial or
investigation;
b. accused persons who are waiting for the court’s decision of their case; and
c. minors and insane people who need police custody for security or
protection purposes.

MEANING OF JUDGE
The Judge is a public officer so named in his commission (written evidence of
appointment) and appointed to preside over and to administer the law in a court of justice.
CORRECTIONS defined:
Corrections is one branch of criminal justice concerned with the custody, supervision, and
rehabilitation of convicted offenders.
PRISON defined:
1. Prison is synonymous with penitentiary; a classical place of torture and extreme hardship.
(Traditional description)
JAIL defined:
1. A Jail is a place for locking-up persons who are convicted of minor offenses or felonies.
PUNISHMENT defined:
Punishment is the penalty imposed for the transgression of law. It refers to any ill
suffered in consequence of wrongdoing. There are two (2) major goals of punishment:
1. to inflict deserved suffering on evil doers; and
2. prevention of crime
PENALTY defined:
Penalty refers to the consequences (such as suffering or loss) that follow the
transgression of laws. Strictly speaking, it is the judicial punishment for crime or violation of a
law.

IMPRISONMENT defined:
Imprisonment refers to the state or condition of being constrained, restrained, or
incarcerated in confined room or building. It is actually a form of conventional punishment of
criminal offenders. There are three (3) traditional purposes of Imprisonment.
Probation Law (P.D. No. 968) states that:
1. - one of the major goals of the government is to establish a more enlightened and
humane correctional system that will promote the reformation of offenders and thereby
reduce the incidence of recidivism;
2. - the confinement of all offenders in prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country; and
3. - there is need to provide a less costly alternative to the imprisonment of offenders who
are likely to respond to individualized, community-based treatment programs.
Correctional Agencies in the Philippines
a. Agencies engaged in institutional corrections
a. Bureau of Corrections
b. Provincial Jails
c. Bureau of Jail Management and Penology
b. Agencies engaged in non-institutional corrections
a. Parole and Probation Administration (PPA)
b. Board of Pardons and Parole
c. Department of Social Welfare and Development (Bureau of Child and Youth Welfare)
D. FORMS OF PUNISHMENT
1. Death penalty – capital punishment
2. Imprisonment – the legal process of confining the offenders in prison for the purpose
of protecting the public and at the same time rehabilitating them while undergoing
institutional treatment program.
3. Destierro (banishment/exile ) - the penalty of banishing a person from the place
where he committed a crime, prohibiting him to get near or enter the 25 km.-perimeter.
4. Fine or compensation
5. Civic duties
E. DURATION OF PENALTIES
1. RECLUSION PERPETUA - imprisonment of more than 20 years; maximum
imprisonment of 30 years; the prisoner (convict) may apply for executive clemency
(pardon) unless he is disqualified by law
2. RECLUSION TEMPORAL - imprisonment of 12 years and 1 day to 20 years
3. PRISION MAYOR - imprisonment of 6 years and 1 day to 12 years
Temporary disqualification
4. PRISION CORRECTIONAL - imprisonment of 6 months and 1 day 6 years
Suspension and Destierro
5. ARRESTO MAYOR - imprisonment of 1 month and 1 day to 6 months
6. ARRESTO MENOR - imprisonment of 1 day to 30 days
7. BOND TO KEEP THE PEACE or FINE - the amount of fine to be imposed is
discretionary with the court
F. The DEATH PENALTY
CAPITAL OFFENSE or HEINOUS CRIME is an act, which under the existing law at the
time of its commission, may be punished by death (although a lower penalty than death maybe
imposed after conviction). Death penalty was re-imposed as a form of punishment for heinous
crime by virtue of RA # 7959, otherwise called the Death Penalty Law approved in January 2,
1994. When RA # 8177 (The Lethal Injection Law) was enacted, the execution of death penalty
was changed from electrocution to lethal injection. Crimes punishable by death include:
Treason – Murder - Qualified piracy – Kidnapping - Drug trafficking - Aggravated Rape -
Robbery w/ homicide or rape - Destructive Arson
JAIL and PRISON Organization in the Philippines
1. NATIONAL or INSULAR PRISONS - administered by the Bureau of Correction
a. New Bilibid Prison (NBP) - originally referred to as National Bilibid Prison; operates two
satellite units:
Camp Bukang Liwayway – min scty prison
Camp Sampaguita - institutions found in it are the:
Reception and Diagnostic Center
Medium Security Unit, and
Youth Rehabilitation Center
b. Penal Colonies/Territories - prison territories distant from the NBP controlled by the Bureau
of Corrections, such as:
San Ramon Prison and Penal Farm (Zamboanga)
Iwahig Penal Colony (Palawan)
Davao Penal Colony (Central Davao)
correctional institution for women (Mandaluyong)
Sablayan Penal Colony and Farm (Occidental Mindoro)

2. PROVINCIAL JAILS - jails that are supervised and controlled by the provincial government
with in its jurisdiction.

3. CITY/MUNICIPAL JAILS - jails that are administered (supervised and controlled) by the
BJMP

H. The PHILIPPINE JAIL SYSTEM

Types of Jails:

1. Lock-up - a security facility, common in police stations or precincts in urban areas (cities)
for temporarily detaining those persons being held for investigation or waiting hearing of their
criminal cases.

2. Ordinary Jail - the type of jail commonly found in every municipality or city; houses
offenders awaiting court trial and those convicted offenders who are serving their sentence of
imprisonment that does not exceed 3 years; place where juvenile offenders and the mentally
insane people are usually detained while their transfer to other institutions are pending.

3. Work House, Jail Farm Or Camp - a facility that houses minimum custody offenders who
are serving short sentences; inmates undergo constructive work programs; provides full
employment of prisoners, remedial services and constructive leisure time activities.

Classification of Jail Prisoners:


1. Detention prisoners - those detained for investigation, hearing, or trial
2. Sentenced prisoners - offenders who are committed to the jail/prison to serve their
sentence after final conviction by a competent court
3. Prisoners who are on safekeeping - includes non-criminal offenders who are detained in
order to protect the community, example: insane persons

Classification of Prisoners according to Degree of Security:


1. Super-Maximum Security Prisoners - special group of prisoners composed of
incorrigible, intractable, and highly dangerous persons who are the source of constant
disturbance even in maximum security institutions; wear orange uniforms and compose
the 2% of NBP population

2. Maximum Security Prisoners - the group composed of chronic trouble-makers but not as
dangerous as the super maximum security prisoners; their movements are restricted and
they are not allowed to work outside the institution but rather assigned to industrial
shops within the prison compound; they wear orange uniforms and they occupy the NBP
main building.

3. Medium Security Prisoners - prisoners who cannot be trusted in open conditions and
pose lesser danger than maximum security prisoners in case they escape; a group of
prisoners who maybe allowed to work outside the fence/walls of the penal institution
under guard or with escorts; occupy Camp Sampaguita (Medium Security Institution);
they are employed as agricultural workers and they wear blue uniforms

4. Minimum Security Prisoners - group of prisoners who can be reasonably trusted to serve
their sentence under "open conditions"; they can be trusted to report to their work
assignments without the presence of guards; they occupy Camp Bukang Liwayway and
they wear brown uniforms.

I. EXTINCTION OF CRIMINAL LIABILITY

Conditions for the total extinction of criminal liability are:

Death of the convict


Service of sentence
Absolute Pardon,
Amnesty
Prescription of crime
Prescription of penalty
Marriage of the offended party to the offender (in good faith),

Conditions for the partial extinction of criminal liability are:


Conditional Pardon
Commutation of Sentence
Probation, Parole
Good Conduct Time Allowance

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