Module 2: Law, Crime Deviance and

Delinquency
LEARNING OUTCOMES

1.
2.

DISCUSSION

The criminal law controls the definition and concept of crime. Developed over
many generations, beliefs, social values, as well as political and economic development
and conditions. The criminal law is a living concept, constantly evolving to keep pace
with society. It governs the form and direction of almost all – human interaction. Most
important purpose of criminal law is to define the behavior that society labels as criminal
and its reaction when it was committed. Consequently, it is important for our students of
criminology to have a basic understanding of the law and its relationship to crime and
how criminal justice work as an instrument of social control.

A. LAW ITS CONCEPT AND CLASSIFICATION

The term law, in its broadest sense, means any rule of action or norm of conduct
applicable to all kinds of action and to all objects of creation. It includes state law,
physical law, divine law and others.

In its strict legal sense, law is defined as a rule of conduct, just obligatory, laid
down by legitimate authority for the common observance and benefit.

Law is a product of social life, and is a creation of human nature. It was intended
by man to serve man. It regulates the relations of human beings so that harmony can be
maintained in the social group, by placing restriction on individual liberty in order to
make co – existence possible.

Elements of Law

1. It is rule of conduct. Laws serves as guides of an individual in relation to his

fellowmen and to his community.
2. It is just. It means that the law must be fair; treats every person the same and based
on the values and ethics held by the majority of society.
3. It is obligatory. It means that the law must be enforced, if not the purpose of its
creation will not be served.

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4. It is prescribed by legitimate authority. It means that the law was made by persons
who are given the power to make it. An authority entitled to have its decisions and rules
accepted and followed by others.
5. It is ordained for the common benefit. Laws should be made for the protection,
common good and benefit of the people, as stated in a Latin Maxim, “SALUS POPULI
EST SUPREMA LEX” – the welfare of the people is the supreme law.

General Divisions of Law

1. Divine Law. Law which God himself is the legislator who has promulgated the law. It
is superior to other laws. It is binding to the whole world, in all countries and at all times.

2. Human Law. A law promulgated by man to regulate human relations. Human law is
subdivided into two (2) main classes, namely: general or public law; and individual or
private law. These in turn are sub – divided as follows:

2.1. General or Public Law:

a) International Law – or that which governs the relations between nations or states,
that is, between human beings in their collective concept.
b) Constitutional Law – or that which governs the relations between human beings as
citizens of a state and the governing power.
c) Administrative Law – or that which governs the relations between officals and
employees of the government.
d) Criminal Law – or that which guarantees the coercive power of the law so that it will
be obeyed.
e) Religious Law – or that which regulates the practice of religion.

2.2. Individual or Private Law:

a) Civil Law – or that which governs the relations of individuals with other individuals for
purely private ends.
b) Mercantile Law – or that which regulates the special relations produced by
commercial transactions.
c) Procedural Law – or that which provides for the means by which private rights may
be enforced.

Sources of Law

1. Legislation. The primary source of law. It means the making of law by a sovereign
authority which is followed by people of every stratum of society. It is the process of
lawmaking by a competent authority.
In the Philippines, before the declaration of Martial Law on September 21, 1972,
the power to legislate laws is vested in the Congress of the Philippines which consists of
the Senate and the House of Representatives. Upon the imposition of Martial Law and
after the dissolution of the old Congress the power to legislate is vested in the President

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of the Philippines through issuance of Presidential Decrees and Letter of Instructions. It
was returned back to Congress after the EDSA Revolution pursuant to the 1987
Constitution.

2. Precedent. The reasoning behind a judge’s decision that establishes a principles of

rules of law that are followed by other courts lower in the same hierarchy when deciding
future cases that are similar.

3. Custom. It refers to the practices and usages of distinctive communities which has
the force of law when acknowledged and approved by society through long and
uninterrupted usage.

4. Court Decision. Judicial decisions which apply or interpret the Constitution and the
laws are PART OF THE LEGAL SYSTEM in the Philippines but they are not laws.
However, although judicial decisions are not laws, they are evidence of the meaning
and interpretations of the laws. We adhere to the doctrine of STARE DECISIS which
means that once a case has been decided one way, then another case involving exactly
the same question or point of law should be decided in the same manner.

B. Criminal Law and Crime

Criminal Law

Criminal Law is defined conventionally, as a body of specific rules regarding

human conduct, which have been promulgated by political authority, apply uniformly to
all members of the classes to which the rules refer, and are enforced by punishment
administered by the State.

It is branch or division of law which defines crimes, treats of their nature, and
provides for their punishment. The Revised Penal Code (R.A. 3815) and other special
penal laws enacted by Congress are the sources of penal laws in the country.

Criminal law functions to control the behavior of people within a territory. This
mechanism of social control enforces also norms and mores of a culture. Another
function of criminal law is to discourage individuals to seek revenge against those who
violated his or her rights. Instead, the state stands to be the aggrieved party and
represents the victim in seeking justice. Finally, criminal law deters criminal behavior by
reason of its ability to punish and correct law violators.

Basic Elements of Criminal Law

1. There must be a law or statute promulgated by the State;

2. The law or statute must specifically define what act or conduct must have a penal
sanction.

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3. The law or statute must have a penal sanction.

The Power to Define and Punish Crime

By virtue of its police power, the State has the authority to define and punish
crimes. The concept of police power is well – established in this jurisdiction. The same
has been defined as the “State authority to enact legislation that may interfere with
personal liberty or property in order to promote the general welfare.” As defined, it
consists of (1) an imposition of restraint upon liberty or property, (2) in order to foster the
common good. It is not capable of an exact definition but has been, purposely, veiled in
general terms to underscore its all – comprehensive embrace.

Limitations upon Power of the State to Enact Penal Laws

1. It cannot enact an ex post facto law nor bill of attainder;

2. Penal laws must be of general application; and
3. It cannot provide for a cruel unusual punishment nor can it impose excessive fines.

Characteristics of Criminal Law

1. Generality – The law is binding upon all persons who reside or sojourn in the
Philippines, irrespective of age, sex, color creed, or personal circumstances.
2. Territoriality – The law is applicable to all crimes committed within the limits of
Philippine territory, which includes its atmosphere
3. Irretrospectivity or Prospectivity – The law does not have any retroactive effect,
except if it favors the offender unless he is habitual delinquent or the law otherwise
provides.

Crime

A crime or public offense is an act committed or omitted in violation of a law

forbidding or commanding it. Societies enacted laws to criminalize acts that are viewed
to be deviant or offensive to their moral sense. In essence, acts which are considered
criminal are defined by law. This concept is encapsulated in the Latin maxim nuLLum
crimen nuLLa poena sine Lege which means “there is no crime if there is no law
punishing it.” The French Declaration of the Rights of Man can be traced as the origin of
this concept, stating: “no one ought to be punished, but in virtue of a law promulgated
before the offense, and legally applied.”

The term crime is generic for felony, offense, infraction and delinquency.
Technically, under the Philippine legal system, felony refers to an act or omission
punishable under R.A. 3815 or the Revised Penal Code (Jan. 1, 1932); while offense
pertains to an act or omission punishable by special law. Though, in actual practice, the
terms felony and offense are sometimes used interchangeably.

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General Classification of Crimes:

1. Crime mala inse. Those that are so serious in their effects on society as to call for
almost unanimous condemnation of its members; xxx when the acts are inherently
immoral, they are mala inse, even if punished by special law. Conversely, there are
crime in the Revised Penal Code which were originally defined and punished by special
Laws. Among them are xxx maLversation, brigandage and Libel.
2. Mala prohibita. Those that are violations of more rules of convenience designed to
secure a more orderly regulations of the affairs of society. Further, mala prohibita refers
generally to acts made criminal by special laws.

Development of Criminal Law and Crime

Historically, it was the Babylonias and the Hebrews, and later the Romans who
first recognized the concept of law and crime.

1. Code of Hammurabi – The Code of Hammurabi is considered as one of the first

known attempts to establish a written code of conduct. The recording of the said code
was made possible with the invention of cunnieform – a system of writing that used
baked clay. There were accounts, however, claiming that prior to the Code of
Hammurabi, the first written laws probably came from Ur Nammu – who ruled Ur about
2100 B.C. Other texts point to King Dungi of Sumer as one of the first to have
developed penal law. However, it was King Hammurabi (1792 – 1750 B.C.), the sixth
King of Babyloin, who had the laws of the kingdom collected and organized. He then
had the code of laws recorded on a block of stone eight feet high, which made the laws
visible to all the people and provided a lasting record. Under this legal system,
punishment was based on physical retaliation or Lex talionis (“an eye for an eye”). The
code established rules regarding theft, sexual relationship, and interpersonal violence,
and was intended to replace blood feuds with a system sanctioned by the state.

2. Mosaic Code of the Israelites (1200 B.C.) – According to tradition, God entered into
a covenant or contract with the tribes of Israel in which they agreed to obey his law as
presented to them by Moses, in return for God’s special care and protection.

3. Roman law contained in the Twelve Tables (451 .C.) – The Decemviri ConsuLari
Imperio Legibus Scribundis, a special commission of ten noble Roman men,
formulated commission in response to pressure from the lower classes, who were
referred to as plebeians. The plebeians believed that an unwritten code gave arbitrary
and unlimited power to the wealthy classes, known as patricians, who serve as
magistrates. Later, Emperor Justin of Rome appointed twelve experts to review the Law
of the Twelve Tables. In 529 A.D., Roman Emperor Justin put the Justinian Code into
effect.

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4. The Common Law – After the Norman conquests of England in 1066, a common law
developed that helped standardized law and justice. The common law was based on
judge decisions. Judges would decide cases, and future cases would be decided based
on those previous decisions. This system known as stare decisis (Latin for “to stand by
decided cases”), was used by th early courts to determine the outcome of criminal
cases. The present English system, which still relies on common law, has come to
existence during the reign of Henry II (1154 – 1189). However, common law is not
applicable in the Philippines. The Supreme Court once held, “xxx unless there be a
particular provision in the penal code or special Law that defines and punishes the act,
even if it be socially or morally wrong, no criminal Liability is incurred by its
commission.”

Deviance and Delinquency

Deviance is any behavior that violates social norms, and is usually of sufficient
severity to warrant disapproval from, majority of society.

Deviance, in a sociological context, describes actions or behaviors that violate

informal social norms or formally – enacted rules. Among those who study social norms
or formally – enacted rules. Among those who are sociologists, psychologists,
psychiatrists, and criminologists, all of whom investigate how norms change and are
enforced over time. Moreover deviance is often divided into two types of activities. The
first, crime, is the violation of formally enacted laws and is referred to as formal
deviance. The second type of deviant behavior involves violations of informal social
norms (norms that have not been codified into law) and is referred to as informal
deviance.

Delinquency is generally though to mean criminal behavior committed by

juveniles under the legal age of adulthood. Prior to the late nineteenth century few legal
distinctions were made between juveniles and adults. Even childhood itself is a
relatively modern concept.

Breaking from the tradition of treating children as miniature adults, the start of the
twentieth century witnessed a group of reformers who created the first juvenile court.
The motivating ideas was that children had special needs, and that to treat them like
adults violated fairness. The juvenile court was to act as a parent for troubled youth
whose own families could not, or did not, control them. The doctrine of ‘parens patriae’
led to profound changes in how juveniles were treated, not only for the commission of
crimes, but also for a range of so – called ‘status’ offenses (truancy, use of profanity,
sexual precocity, tobacco use, running away, and curfew violations). Although most
theories of delinquency focus on criminal rather than status offenses.

Delinquency implies conduct that does not conform to the legal or moral
standards of society; it usually applies only to acts that, if performed by an adult, would
be termed criminal. It is thus distinguished from a status offense, a term applied to acts
considered wrongful when committed by a juvenile but not when committed by an adult.

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Delinquent behavior is most common in the 14 – to 15 – year old age group. At
age 14, most delinquent conduct involves minor theft. By age 16 or 17, more violent and
dangerous acts, including assault and the use of a weapon, become prevalent. Most
delinquents do not continue this behavior into their adult life, for, as the circumstances
of their lives change and get a job, marry, or simply mature out of their turbulent
adolescence, their conduct usually falls in line with societal standards. Although the
evidence is ambiguous, most delinquents adjust to a noncriminal life, yet the proportion
of delinquents who become criminals is higher than that of non - delinquents.

Schools are often the forum in which delinquent behavior originates. Most
delinquent perform poorly in school and are unhappy in the school environment. Many
delinquents are dropouts who leave school at an early age but have no job
opportunities. Juvenile gangs often perform delinquent acts, not solely out of frustration
with society but also out of a need to attain status within their group. A gang can provide
the rewards a juvenile cannot get from his school or other institution.

Efforts have been made to identify potential delinquents at an early age in order
to provide preventive treatment. Such predictions of delinquency generally depend not
only on the child’s behavior in school but also on the quality of the child’s home life.
There are many elements that delinquents share in their home lives. Their parents are
frequently heavy drinkers who are involved in crime themselves and are unable to
provide emotional or financial support for their children. Discipline is inconsistent and
often relies on physical force. Most attempts to detect future delinquents have failed,
however. Indeed, it has been found that the stigma of being identified as a potential
delinquent often causes the child to commit delinquent acts.

It is the responsibility of the state to deal with delinquent offenders. Hence, a

litany of laws pertinent to the handling of juvenile delinquents or legally known as
children in conflict with the law (CICL) was enacted. The most recent is Republic Act
9344, otherwise known as known as Juvenile Justice Welfare of 2006 as amended.

LET US ASSESS
REFERENCES

References:

1. INTRODUCTION TO CRIMINOLOGY by: Maria Theresa Ramonida Amparado

and Gerry J. Caňo, PhD. Published by REX Book Store
2. Introduction to Criminology, Rodolfo V. Castillo Jr. and Brian B. Guerrero.
Published by WISEMAN’S BOOK TRADING INC.

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