INTRODUCTION TO C

Edwin Sutherland ( DEAN OF MODERN CRIMINOLOGY )

 Criminology is the entire body of knowledge regarding crime as a social phenomenon

 In includes within its scope the process of making of laws, of breaking of laws, and the society’s reaction
towards the breaking of laws.
CRIMINOLOGY

 The scientific study of the causes of crime in relation to man and society who set and define rules and
regulations for himself and others to govern.
Raffaele Garofalo

 He is an Italian Law Professor who coined the term “ CRIMINOLOGIA” in 1885

 Etymologically, the term criminology came from the Latin word “ crimen ” meaning crime and Greek word
“ Logos ” which means “to study”

PRINCIPAL DIVISIONS OF CRIMINOLOGY

ETIOLOGY OF CRIME – the scientific analysis of the causes of crimes and the criminal behavior
SOCIOLOGY OF LAW – refers to the investigation of the nature of the criminal law and its administration
PENOLOGY – the study of the control of crimes and the rehabilitation of the offender

Paul Topinard
 In 1889, French Anthropologist, used the term criminology in French “ CRIMINOLOGIE ” for the first time

NATURE OF CRIMINOLOGY

SOCIAL SCIENCE – since crime is creation of men who are members of the society.
APPLIED SCIENCE – study of causes of crimes, psychology, anthropology and other natural science may be
applied.
NATIONALISTIC – it must be in relation with the existing penal law within a specific territory
DYNAMIC – it changes as the social condition changes. It is not fixed nor permanent instead it varies from one place
to another.

LAW IN CRIMINOLOGY

R.A. 6506 - an act creating the board of examiners for criminologist in the Philippines and for other purposes
- board of examiners for criminology was created on July 1, 1972, pursuant to R.R. 6506 entitled “an act
creating the board of examiners for criminologist in the philippines and for other purposes”
- in 1987, the first board was composed of : Dr. Sixto O. De Leon as chairman
- Atty. Virgilio B. Andres and Jaime S. Navarro as members
R.A. 11131 – an act regulating the practice of criminology profession in the Philippines, and appropriating funds
therefore, repealing for the purpose republic act no. 6506, otherwise known as “ an act creating the board of examiners
for criminologists in the Philippines ”.

R.A. 6506
Section 11: examination required, except otherwise specifically allowed under this act, all applicants for registration as
criminologists shall be required to undergo examination as provided I this act.
Section 12 : qualifications for examination, any person applying for examination and for a certificate, shall, prior to
admission to examination, establish to the satisfaction of the board that :
A. He is at least eighteen years of age and a citizen of the Philippines
B. He must be a person of good moral character, as certified to by at least three persons of good standing in the
community wherein he resides
C. He must not have convicted of a crime involving moral turpitude, and
D. He has a graduated in criminology from a school, college institute recognized by the Government after
completing a four – year resident collegiate course. Fading to the degree of Bachelor of Science in
Criminology ( B.S. CRIM ): provided that holders of Bachelor of Laws degree may, within five years after the
approval of this act, take this examination after completing at least ninety – four units of criminology, law
enforcement, police science and penology subjects.
Section 14 : scope of examination . the examination shall be in writing and shall cover the following subjects with
their respective relative weights
SUBJECTS RELATIVE WEIGHT
Criminal Jurisprudence and Procedure 20%
Law Enforcement Administration 20%
Criminalistics 20%
Criminal Detection and Investigation 15%
Criminal Sociology 15%
Correctional Administration 10%

Section 15 : Ratings in the Examination. In order to pass the examination, a candidate must obtain a general average
of at least seventy – five percent with no rating below fifty percent in any of the subjects.
Section 17 : Rating in the Licensure Examination. To pass the Licensure examination for criminologists, a candidate
must obtain a weighted average rating of seventy – five percent ( 75% ) with no grade less than sixty percent ( 60% )
in any given subject. In case the examinee obtains a weighted average rating of seventy – five ( 75% ) but, has a grade
below sixty percent ( 60% ) in any of the subjects, the result of the examinee shall be deferred, and be required to
retake that particular subject/s. the deferred examinee shall only be allowed to retake once within two (2) years from
the date of the examination, and shall be required to obtain a grade not lower than eighty percent (80% ) on the
subject, to be considered to have passed the Licensure Examination. If the examinee failed to retake after the lapse of
two (2) years or failed to get the passing mark of eighty percent (80%), the examinee shall retake all the board
subjects.

BRIEF HISTORY OF CRIMINOLOGY EDUCATION IN THE PHILIPPINES

 Plaridel Education Institution now ( PCCR )

 Was the pioneering school for scientific crime detection and investigation in the country and Southeast Asia
 It was established and founded by Manila Major Police Eliseo Vibar, Dr. Pedro Solis of NBI, Supreme Court
Association Justice Felix Bautista Angelo and others on 1950”s at Sta. Cruz Manila.
 DISTINCTION BETWEEN CRIMINOLOGIST AND CRIMINALIST

CRIMINOLOGIST CRIMINALIST
A graduate of BS Criminality and passed the PRC A practitioner in the field of forensic science such as fingerprint
Criminologist Licensure Examination examiner, question document examiner, ballistician, forensic
chemist, and polygraph examiner

HISTORY OF CRIMINOLOGY

 The study of criminology started in Europe when Dr. Cesare Lombroso “ founder of positivist school of
thought ” advocate the theory that crime can be attributed to a hereditary predisposition in certain individuals.

CRIMINOLOGY

Scope in the Study of Criminology:

a. Criminal Demography – the study of the relationship between criminality and population. There is a
hypothesis that as the population increases, the number of crimes may also increase.
Note : Rawson W. Rawson – utilized crime statistics to suggest a link between population density and crime
rates with crowded cities creating and environment conducive for crime.
b. Criminal Epidemiology – the study of the correlation between environment or “milieu” and criminality. This
is in connection with the notion that the more disorganized an environment we have, the more crime it may
occur.
Note: Henry Mayhew – used empirical methods and an ethnographic method to address social questions and
poverty.
c. Criminal Ecology – the study of criminality in relation to the spatial distribution in a community. This
particular science blames the rapid increase on community or societal congestion in terms of the number of
houses that causes lessening of spaces that probably can be a source of criminality.
d. Criminal Physical Anthropology – the study of criminality in relation to the physical structure of men.
Later on this course, we will discuss somatology, physiognomy, phrenology etc. that mainly view crime as a
product of physical or biological defects and disfigurements.
e. Criminal Psychology – the study of human behavior in relation to criminality
f. Criminal Psychiatry – the study of human mind in relation to criminality
g. Criminal Politics – a science consisting of principles with which the Government organizes its fight against
criminality. The bases are knowledge of criminal law, of criminality, penalties and other measures of social
defense.
h. Forensic Chemistry – the application of chemical doctrines in the solution of problems that arise in connection
in the administration of justice
i. Forensic Medicine – object is to place medical knowledge at the disposal of the administration of justice,
mutually civil and criminal
j. Victimology – the study of the role of the victim in the commission of a crime
 WHY MUST MEMBERS OF THE SOCIETY BE INTERESTED IN CRIME?

1. Crime is Pervasive – nearly all participants of a free society are once upon a time a victim of an offender of a
criminal act. Criminal as an associate of society affects almost all people regardless of age, sex, race,
nationality, religion, financial condition, education and other personal circumstances.
2. Crime is Expensive – the government and private sector use an enormous amount of currency for crime
detection , prosecution correction and prevention
3. Crime is Destructive – many lives has been vanished because of crimes like murder, homicide and other
violent deaths. Properties have been lost or devastated on account or robbery, theft and arson
4. Crime is Reflective – crime rate or incidence in a given locality is reflecting the efficiency of the social
defenses employed by the people - primarily that of the police system.
5. Crime is Progressive – the progressive upsurge in the volume of crime is on account of the ever – increasing
population. The ever – increasing crime rate and their techniques show the progress of the society for
advancement.

EVOLUTION OF CRIMINOLOGY

Prehistoric Crime and Punishment

 Primitive Tribes
- punishment may be in the form of ostracism and expulsion
- adultery may be punished by the aggrieved husband who may kill the adulterer and his own offending
wife
- crime may be avenged by the victim himself or by the victim’s family

The Early Codes

1. Code of Hammurabi
- Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first codifier of
laws;
- It provides the first comprehensive view of the laws in the early days;
- The Code was carved in stone;
- The “law of talion” or the principle of “tit or tat”, ( an eye for an eye, tooth for a tooth ) appears
throughout the code
- Under the principle of the law of talion, the punishment should be the same as the harm inflicted on the
victim
Highlights of the Code of Hammurabi:
a. Compensation to the victim of a robbery by the authorities of the city in which the robbery occurred if the
thief was not caught;
b. The killer is answerable not to the family of the victim but to the king;
c. Death was the penalty for robbery, theft, false witness, building a house that falls on its owner
( if the house should collapse and kill the owner’s son, the son of the builder would be the one executed );
d. A son who struck his father would suffer the amputation of a hand;
e. If in an assault a victim’s bone was broken, the same bone of the assailant would be broken
 2. The Hittites
- The Hittites existed about two centuries after Hammurabi and eventually conquered Babylon

Highlights of the laws of the Hittites:

a. Capital punishment was used for many offenses, EXCEPT for homicide or robbery;
b. Rape, sexual intercourse with animals, defiance of the authority and sorcery were all punishable by death;
c. The law of homicide provided for the restitution to the victim’s heirs;
d. Law enforcement and judicial functions were placed in the hands of commanders of military garrisons;

3. Code of Drakon
- Known as the “ultimate in severity”;
- Codified by Drakon, the Athenian lawgiver of the seventh century BC

Highlights of the Code of Drakon:

a. Death was the punishment for almost every offense;
b. Murderers might avoid execution by going into exile; if they return to Athens, it was not a crime to kill them;
c. Death penalty was administered with great brutality

4. Laws of Solon
- Solon was appointed archon and was given legislative power;
- Solon repealed all the laws of the Code of Drakon, EXCEPT the law on homicide;
- Solon was one of the first to see that a lawgiver had to make laws that applied equality to all citizens and
also saw that the law of punishment had to maintain proportionality too the crimes committed
Highlights of the Laws of Solon:
a. The thief was required to return stolen property and pay the victim a sum equal to twice its value;
b. For the crime of temple robbery, the penalty was death;
c. For rape of a woman, the penalty was a fine of certain amount

5. Rome’s Twelve Tables

- Roman law began with the Twelve Tables which were written in the middle of the sixth century BC;
- The Twelve Tables were the foundation of all laws in Rome and written in tablets of bronze;
- The Twelve Tables were drafted by the Decemvirs, a body of men composed of patricians

Highlights of the Twelve Tables

a. If a man breaks another’s limb and does not compensate the injury, he shall be liable to retaliation;
b. A person who committed arson of a house or a stack of corn shall be burned alive;
c. Judges who accepted bribes as well as those who bribed them were subject to execution;
d. Any act of treason was punishable by crucifixion
e.

The ( Un ) Holy Three of Criminology

1. Cesare Lombroso
- recognized as the “Father of Modern and Empirical Criminology” due to his application of modern
scientific methods to trace criminal behavior, however, most of his ideas are now discredited
- known for the concept of atavistic stigmata ( the physical features of creatures at an earlier stage of
development ).
According to him, there are three (3) classes of criminals:
1. Born criminals – individuals with at least five (5) atavistic stigmata
2. Insane criminals – those who became criminals because of some brain defect which affected their ability
to understand and differentiate what is right from what is wrong
 3. Criminaloids – those with make up of an ambiguous group that includes habitual criminals, criminals by
passion and other diverse types

2. Enrico Ferri
- He focused his study on the influences of psychological factors and sociological factors such as
economics, on crimes.
- He believed that criminals could not be held morally responsible because they did not choose to commit
crimes, but rather were driven to commit crimes by conditions in their lives.

3. Raffaele Garofalo
- He treated the roots of the criminals’ behavior not to physical features but to their psychological
equivalents, which he referred to as mortal anomalies.
- He rejected the doctrine of free will
- Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious Criminals.

CRIME AND CRIMINALS

Crime

- An act or omission that is punishable by law

- Refers to an act committed or omitted in violation of public law. ( Phil. Law Dictionary )
- It also refers to an act committed or omitted in violation of a public law forbidding or commanding it
( Reyes 2006)
 Crime of Commission
- An act that is in violation of a law forbidding it;
- Performing an act that is prohibited by law;
 Crime of Omission
- An act that is in violation of a law commanding it;
- Failure to perform an act that is commanded by law;

ELEMENTS OF CRIME
1. Desire
2. Opportunity
3. Capability

Legal / Sub – Classification of Crimes: ( According to the Law Violated )

1. Felony
- An act or omission punishable by law which is committed by means of dolo ( deceit ) or culpa ( fault )
and punishable under the Revised Penal Code ( RPC );
2. Offense
- An act or omission in violation of a Special Penal Law ( SPL );
3. Infraction
- An act or omission in violation of a City or Municipal ordinance (C/MO)
OTHER CLASSIFICATION OF CRIMES
1. As to the MANNER in which crimes are committed:
a. Intentional Felonies:
- Felonies committed by means of dolo ( deceit );
- The act or omission is performed with deliberate intent or malice
 Freedom or voluntarinees
- When the person acted on his own accord, without irresistible force and/ or uncontrollable fear
 Intelligence
- When the person who committed the crime has the ability to determine what is wrong from what is wrong
and to realize the consequences or one’s act
 Intent
- When the person knowingly and purposely committed the crime to effect the desired result.
b. Culpable Felonies
- Felonies committed by means of culpa ( fault )
- The act or omission of the offender is not malicious and the injury caused by the offender is unintentional,
it being simply the incident of another act performed without malice
 Imprudence
- Deficiency in action; failure to take necessary precaution to prevent the danger due to carelessness
 Negligence
- Deficiency in perception; failure to foresee the danger
 Lack of foresight
- When the crime resulted due to the person’s inability to predict the obvious possible outcome of his
actions
 Lack of skill
- When the crime resulted because the person does not have the necessary skill to perform the action safely.

2. As to the STAGES in the commission of crimes:

a. Consummated crime
- When all the elements necessary for its execution and accomplishments are present
b. Frustrated crime
- When the offender has performed all the acts of execution which will produce the felony as a consequence
but which nevertheless do not produce it, by reason of causes independent of the will of the perpetrator.
c. Attempted crime
- When the offender commences the commission of a crime directly by overt acts and does not perform all
the acts of execution which should produce the felony by reason of some cause or accident other than his
own spontaneous desistance

3. According to PLURALITY
a. Simple crime
- Single act constituting only one offense.
b. Complex crime
- Single act constituting two or more grave felonies or an act is a necessary means for committing the other
( ex. Robbery with Homicide, Robbery with Rape )

4. According to GRAVITY:
a. Grave felonies
- Those to which the law attaches the capital punishment or afflictive penalties.
b. Less grave felonies
- Those to which the law attaches correccional penalties.
c. Light felonies
- Those to which the law attaches the penalty of arresto menor or a fine not exceeding P200.00
 “THE KALLIKAK FAMILY TREE”
489 Descendants 4967 Descendants
143 – were feeble minded It has been traced that all were normal
46 – were normal 36 – were known alcoholic
36 – were illegitimate 1 – convicted of religious offense
3 – were epileptics 15 – died in infancy
8 – run brothel And no one become criminal
82 – died during infancy

Richard Dougdale (Inherited Criminality)

- Studied the Jukes family

- Ada Jukes ( mother of criminals )
- Dougdale argued that they were transmitting a degenerate trait to the next generation

Latin Maxim – There is no crime when there is no law punishing it.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. According to the RESULT of the crime:

a. Acquisitive crime
- if the offender acquired or gained something by committing the crime. Examples are robbery, estafa,
bribery, etc.
b. Destructive crime
- if the crime resulted in destruction, damage or even death. Examples are arson, murder and homicide,
damage to property, etc.

2. According to the TIME OR PERIOD of commission:

a. Seasonal crimes
- are crimes that happens only during a particular season or period of the year. Examples are violation of
election of law, taw law violations, etc.
b. Situational crimes
- are crimes committed when the situation is conducive to the commission of the crime and there is an
opportunity to commit it. Examples are pickpocketing, theft, etc.

3. According to the LENGTH OF TIME of the commission:

a. Instant crimes
- are those crimes that can be committed in a very short time. Example: theft
b. Episoidal crimes
- are crimes committed throught a series of acts or episodes and in much longer time. Examples: serious
illegal detention

4. According to PLACE OR LOCATION:

a. Static crimes
- Are committed only in one place. Examples are theft and robbery
b. Continuing crimes
- Are crimes that take place in more than one place or several places. Examples are abduction,
kidnapping,etc.
5. According to the use of mental faculties:
a. Rational crimes
- When the offender is capable of knowing what he is doing and understanding the consequences of his
actions.
b. Irrational crimes
- When the offender suffers from any form of mental disorders, insanity or abnormality. Thus, the offender
doesn’t know what he is doing.

6. According to the TYPE OF OFFENDER:

a. White Collar crimes
- Crimes committed by those persons belonging to the upper socio – economic status or in the course of
their occupational activities
b. Blue collar crimes
- Are those crimes committed by ordinary criminals as a means of livelihood.
 INTRODUCTION TO CRIMINALISTICS

WHAT IS CRIMINALISTICS?
 Is a branch of forensic Science which includes personal identification, police photography, forensic ballistics,
questioned documents examination, polygraphy and legal medicine
 It is a sub field of Criminology which deals with the study of criminal things or those articles left by the
perpetrator in the crime scene ( Physical Evidence ) which have significance in the solution of case.
 This is also known as Police or Forensic Science.

HANS GROSS ( Father of Criminalistics )

 Father of Criminalistics and Criminal Investigation
 Throughout his life, he assisted in advancing the crime investigation world, especially in 1893 when the
practice of criminology became more widespread
 Introducing new investigation and observation techniques, such as crime scene photography and examining
fingerprints, changed how the justice system functioned.
 Helped to establish the science of forensics, especially in terms of a cross – transfer of evidence, such as dirt,
fingerprints, carpet fibres, or hair, from the criminal to the victim.

FORENSIC
 Derived from the Latin word “FORUM” meaning a marketplace when people gather for public disputation or
public discussion ( Del Rosario 1996 )

FORENSIC SCIENCE
 Is defined as the application of science to law
 As the application of science to the investigation and prosecution of crime
 It is a broad field which criminalistics is just one of the branches.

EDMOND LOCARD
 Was a French criminologist, the pioneer in forensic science who became known as the “Sherlock Holmes of
France”
 He formulated the basic principle of forensic science: “Every contact leaves a trace”. This became known as
Locard’s exchange principle
 Locard’s Exchange Principle in forensic science holds that the perpetrator of a crime will bring something to
the crime scene and will leave with something from it.

PERSONAL IDENTIFICATION
 Is a collection term that refers to the different methods of determining the identity of an individual
 The focus is on DACTYLOSCOPY because it is the standard method used by law enforcement agencies in
establishing identities of suspects and victims
 It is because FINGERPRINTS is the most well – established of the forensic sciences used for identification of
individuals ( Tilstone, Savage and Clark, 2006 )
DACTYLOSCOPY
 Is the science of identification by means of FINGERPRINT
 Refers to the scientific study of fingerprints as a means of identifications
 Derived from 2 Greek words dactyl which means FINGER and skopien which means TO STUDY
 The study of fingers, more especially , the fingerprints

FINGERPRINTS
 Are impressions made by ridges on the inside of the last joint of the finger or thumb on any smooth surface
through the media of an ink, sweat or any reagent capable of producing visibility ( Manlusoc, 2007 )
 These are the marks left when a finger is placed on a surface
 CHINESE who first used PF as a means of identification by imprinting their PF in their primitive form of
contracts

MARCELO MALPIGHI ( Grandfather of Dactyloscopy )

 This professor, Marcello Malpighi, found fingerprints to have common patterns, including arches, loops,
whorls, and ridges.
 However, these patterns would not be confirmed until 1823 when another professor, Johannes Evangelista
Purkinje, documented nine different fingerprint patterns

FRANCIS GALTON
 Galton designed a form for recording inked fingerprint impressions and defined three main pattern types;
loops, those patterns tend to curve back upon themselves; whorls, those patterns tend to be circular; and
arches, those patterns which for no loops or circles.

EIGHT TYPES OF FINGERPRINTS PATTERNS

 The Federal Bureau of Investigation (FBI) recognizes eight different types of fingerprint patterns : radial loop,
ulnar loop, double loop, central pocket loop, plain arch, tented arch, plain whorl, and accidental.
 The most common pattern is the loop type, while the least common is the arch.
PRINCIPLES OF FINGERPRINT IDENTIFICATION
1. PRINCIPLE OF INDIVIDUALITY – states that there are no two person having the same fingerprints
2. PRINCIPLE OF PERMANENCY AND CONSTANCY – states that once ridges are fully develop their
general arrangement remains the same throughout life.
3. PRINCIPLE OF INFALLIABILITY – states that fingerprints cannot be faked or forged and therefore provide
a reliable positive means of identification.

POLICE PHOTOGRAPHY
 Is an art or science which deals with the study of the principles of photography, the preparation of
photographic evidence, and its application to police work.
 Which deals with the reproduction of image through the action of light upon sensitized materials, with the aid
of a camera and its accessories and the chemical process involved therein.
 The term was derived from two Greek words: phos which means light and graphos which means write.

CAMERA
 Is a light – tight box with a lens to form an image, with a shutter and diaphragm to control the entry of the
image, a means of holding a film to record the image and a viewer or viewfinder to show the photographer
what the image is ( Villarba, 2008 ).
 Photographs have been proven to be valuable evidence in criminal investigation.
 In processing crimes scene, taking photographs of the crime scene and all of the object in the crime scene is
standard operating procedure.
 GOLDEN RULE OF CRIME SCENE INVESTIGATION:
“ Do not touch, change or alter anything until it has been identified, measured and photographed”.

FORENSIC BALLISTICS
 Forensic ballistics involves the examination of evidence from firearms that may have been used in a crime
 When a bullet is fired from a gun, the gun leaves microscopic marks on the bullet and cartridge case.

BALLISTICS
 Is the science of the motion of the projectile and the conditions that affect the motion
 PROJECTILE – refers to any mettalic or non mettalic ball which is propelled from a firearm
 FIREARM – is an instrument used for the propulsion of projectile by means of the expansive force of gases
coming from burning gunpowder ( FBI Manual of firearms identification )

INTERIOR OR INTERNAL BALLISTICS

 Deals with the motion of projectile while it is still inside the firearm
 Is the study, which deals with the motion of projectile/s in the bore of the weapon

EXTERIOR / EXTERNAL BALLISTICS

 Focuses on the attribute or movement of the projectile after leaving the gun mussle.
TERMINAL BALLISTICS
 The study of penetration of missile in different types of target such as solids as well as liquids.
 Is the branch of ballistics which deals with the effects of the projectile on the target

FORENSIC BALLISTICS
 Is the study of motion of projectile as applied to law, or simply, the science of firearm identification by means
of the ammunition fired through them.
 Involves the examination of evidence from firearms that may have been used in a crime. When a bullet is fired
from a gun, the gun leaves microscopic marks on the bullet and cartridge case. These marks are like ballistic
fingerprints.

CALVIN GODDARD
 Advanced the system of matching bullets and casings to guns at a first – of – its kind Northwestern – based
crime lab.

QUESTIONED DOCUMENTS EXAMINATION

 Is that branch of criminalistics which deals with the examination of hand writing, typewriting and signatures
through the use of scientific tools and instrument to determine its authenticity or to prove forgery.

FORGERY
 The action of forging or producing a cpy of a document, signature, banknote, or work of art.
 Forgery is the process of creating, adapting, or imitating objects or documents.
 Is making or altering an instrument or document with intent to fraud.

DOCUMENT
 Is an material which contains marks, signs or symbols either visible or invisible that may presently or
ultimately convey a meaning or message to someone.

QUESTIONED DOCUMENTS
 In one in which a document in its entirely, or in part, is subject to question as to authenticity and or origin
 It is lso defined as a document in which an issue has been raised or which is under security.

THREE MAJOR TYPES OF FORGERY OF SIGNATURES

1. Simple Forgery
 Is a forged signature made without any attempt on the part of the forger to imitate or make a facsimile
of the genuine signature of the person purported to sign a document.
 A “simple” forgery is when the forger does not know what the genuine signature looks like and writes
the signature in their own handwriting style
 This type of forgery is the easiest to detect because the forger makes no effort to simulate the
signature they are trying to produce.
 2. Simulated Forgery
 Is a forged signature made through freehand imitation of the signature to be forged
 It is considered to be the most skillfull type of forgery and is also called a copied forgery.

3. Traced Forgery
 Is the result of an attempt of the forger to make a close resemblance of the original by the means of
some tracing processes so as to transfer it to the fraudulent document.
 Traced forgery is executed by using carbon paper, indented tracing, tracing paper, transmitted light or
scanned image

ALBERT OSBOURINE
 Albert Sherman Osborn ( 1858 – 1946 ) was an American lawyer and pioneer in the field of forensic
document examination
 He is considered one of the fathers of modern forensic science and is credited with developing the
fundamental principles of handwriting analysis, which are still used today
 The person responsible for raising the level of questioned document examination to a profession and
field of expertise.

POLYGRAPHY
 It is the scientific method of detecting deception with the use of a polygraph instrument.

POLYGRAPH
 It is a procedure that detects several physiological indicators, including pulse, blood pressure, respiration, and
skin conductivity, which indicate if a person is being untruthful when asked a series of questions.
 A polygraph, often incorrectly referred to as lie detector test, is a junk science device or procedure that
measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin
conductivity while a person is asked and answers a series of questions.
 Derived from 2 Green words pol which means many and graphos which means writings.

THOMAS JEFFERSON
 Who first used the word polygraph to describe one of his inventions, a machine which could be made to
rewrite repeatedly words or messages.

JOHN LARSON
 Who is considered as the father of scientific lie detection because he was the first to detect deception and
verify the truthfulness in more a scientific way.
LEONARD KEELER ( FATHER OF MODERN POLYGRAPH )
 In 1939, Leonard Keeler patented what is considered the prototype of the modern polygraph – the Keeler
Polygraph. Today Leonarde Keeler is known as the father of the polygraph
 Developed the modern polygraph
 Adding devices as kymograph
 Kymograph an instrument for recording variations in pressure, e.g. in sound waves or in blood within blood
vessels, by the trace of a stylus on a rotating cylinder.

3 MAJOR PARTS OF POLYGRAPH

1. PNEUMOGRAPH – records changes in the breathing pattern or respiration of the person
2. GALVANOGRAPH – record the skin resistance, which is the same as the perspiration or sweating of the
person.
3. CARDIOSPHYGMOGRAPH – records the changes in the blood pressure and pulse rate.

LEGAL MEDICINE
 The branch of medicine that deals with the application of medical knowledge to legal problems and legal
proceedings. Legal medicine is also called forensic medicine. A physician may be engaged in legal
( or forensic ) medicine while a lawyer with identical interests is said to be in medical jurisprudence.

MEDICAL JURIST
 A physician who specialized or is involved primarily with medico – legal duties is known as medical Jurist.
 Is used interchangeable with medical examiner, medico – legal officer and medico – legal expert
( solis 198704 ).
CRIMINAL

 In the legal sense, a criminal is any person who has been found to have committed a wrongful act in the
course of the standard judicial process; there must be a final verdict of his guilt
 In the criminological sense, a person is already considered a criminal the moment he committed a crime.

CLASSIFICATION OF CRIMINALS
1. According to ETIOLOGY
a. Acute criminal
- Is a person who committed crime as a result of reacting to a situation or during a moment of anger or burst
of feeling.
b. Chronic criminal
- Is one who committed a crime with intent or deliberate thinking.
c. Neurotic criminal
- Is pone who has a mental disorder.
d. Normal criminal
- A person who commits crimes because he looks up to, idolizes people who are criminals.

2. According to the TYPE OF OFFENDEr:

a. Ordinary criminal
- A criminal who engages in crimes which do not require specialized or technical skill
b. Organized criminal
- Is one who possesses some skills and know – how which enable him to commit crimes and evade
detection.
c. Professional criminal
- A highly skilled criminals which are engaged in large scale criminal activities and usually operate in
groups.

3. According to CRIMINAL ACTIVITIES:

a. Professional criminal
- A criminal who earns his living through criminal activities
b. Situational criminal
- A person who got involved in a criminal act because the situational presented itself.
c. Habitual criminal
- One who repeatedly commits criminal acts for different reasons
d. Accidental criminal
- A person who accidentally violated the law due to some circumstances.

4. Based on MENTAL ATTITUDES:

a. Active criminals
- Are those who commit crimes due to aggressiveness.
b. Passive Inadequate criminals
- Are those who commit crimes because they are pushed to it by reward or promise.
c. Socialized Delinquents
- Are criminals who are normal in behavior but defective in their socialization process or development.
TYPES OF VIOLENT CRIMINALS:
a. Culturally Violent Offenders
- Individuals who, live in subcultures in which violence is an acceptable problem solving mechanism. This
is prevalent among lower income minorities from slum environments of large central cities.
b. Criminally Violent Offenders
- Offenders use violence as a means of accomplishing criminal acts, such as in robbery.
c. Pathologically Violent Offenders
- Mental illness or brain damage characterizes the pathologically violent offenders.
d. Situationally Violent Offenders
- Offenders commit acts of violence on rare occasions, often under provocation. Theses incidents are often
described as crimes of passion in which the individual temporarily loses control and often expresses regret
for the action later.

MASS MURDER AND SERIAL KILLING

 Serial killer and mass murderers are two different violent offenders. The former operates over a long period
and can be distinguished from mass murderers for the later kill many victims in a single violent outburst.

 Spree Killer – is someone who embarks on a murderous assault on 2 or more victims in a short time in
multiple locations.
o Spree Killing – killings at two or more locations with almost no time break between murders.
 Spree Murder – two or more murders committed by offender/offenders without a cooling off period
 Serial Murder – two or more murders committed by an offender/s with a cooling off period
 Mass Murder – are defined by one incident with no distinctive time period between the murders.

TYPES OF SERIAL KILLERS ( according to Jack Levin and James Allan Fox ):
a. Thrill Killers
- These killers strive for either sexual sadism or dominance. This is the most common form of serial
murderer.
b. Mission Killers
- These killers want to reform the world or have a vision that drives them to kill.
c. Expedience Killers
- Killers who kill out for profit or want to protect themselves from a perceived threat.

TYPES OF MASS MURDERER ( according to Jack Levin and James Allan Fox ):
a. Revenge Killers
- These killers seek to get even with individuals or society at large
b. Love Killers
- Motivated by warped sense of devotion. They are often despondent people who commit suicide and take
others, such as a wife and children them.
c. Profit Killers
- Usually trying to cover – up a crime, eliminate witnesses, and carry out a criminal conspiracy.
d. Terrorist Killers
- Killers who are trying to send a message. Gang killings tell rivals to watch out; cult killers may actually
leave a message behind to warn society about impending doom.
RAPE AS VIOLENT CRIMES
A. Anger rape – sexual attack becomes a means of expressing rage or anger and involves for more physical
assault upon the victim than is necessary
B. Power rape – assailant primarily wishes to express his domination over the victim. Since rape is
expression of power rather than the means of sexual gratification, the rapist generally uses only the
amount of force necessary to exert his super- ordinant position
C. Sadistic type – perpetrator combines the sexuality and aggression aiming psychotic desires to often
torment, torture, or otherwise abuse his victim.
CATEGORIES OF RAPISTS
1. Naive graspers – sexually inexperienced youths who possess an unrealistic conception of female erotic
arousal. Awkward in relating to the opposite sex, they hold high expectations that their cute advances will be
met with affection by their victims
2. Meaning stretchers – an offender misinterprets woman’s expressions of friendliness and affection as indicating
that the female desire continues even when she says no.
3. Sex looters – persons who have a low desire for affection or low respect for the victims autonomy and
callously use woman as sex object
4. Group Conformers – rapist participants in a group rape or gang bang; often following the leader. A sex looter
felt a sense of conformity and notion demonstrating their masculity.

Additionals:
 Hate crimes – a crime or a form of violence directed towards a specific race, gender, religion, ethnicity etc.
often called “Bias Crime”
 Public Order Crime – are acts considered illegal because they conflict with social policy, accepted moral rules
and public opinion. Examples of which are prostitution, gambling, pornography, obstruction etc., these are
known as “Victimless Crimes”

OTHER TYPES OF CRIMES

1. Bias Crimes
- Violent acts directed toward a particular person or members of a group merely because the target shares a
discernible racial, ethnic, religious, or gender characteristics. Also called Hate Crimes acts of Violence or
intimidation designed to terrorize or frighten people considered undesirable because of the race, religion,
ethnic origin, or sexual orientation.
2. Economic Crime
- An act in violation of criminal law that is designed to bring financial gain to the offender.

OTHER TERMS REFERRING TO CRIMES

CRIME OF RAPE
A. Aquaintance Rape – forcible sex in which offender and the victim.
B. Aggravated rape – rape involving multiple offenders, weapons and victim injuries
C. Date rape – forcible sex during the courting relationship
D. Gang rape – forcible sex involving multiple attacker.
E. Marital rape – forcible sex between people who are legally married to each other.
F. Serial rape – multiple rapes committed by one – person overtime
G. Statutory rape – sexual relations between an underage minor female and an adult male.
CRIME OF KILLING
A. Homicide – the killing of human being by another without any attendant circumstances
B. Parricide – the act of killing one’s own father, mother or child ( whether legitimate or illegitimate , or of
legitimate ascendant or descendants and legal spouse )
C. Infanticide – killing an infant less than 3 days old
D. Sororicide – killing one’s own sister
E. Fratnicide – killing one’s own brother
F. Matricide – killing of a mother by her own child
G. Patricide – killing of a father by his own child
H. Uxoricide – act of one who murder his wife
I. Eldercide – the murder of a senior citizen
J. Abortion ( aborticide ) – an act of destroying ( killing a fetus ) in the womb
K. Suicide – taking one’s own life voluntarily and intentionally
L. Regicide – the killing and murder of a king
M. Vaticide – the killing of a prophet
N. Euthanasia – mercy killing or he act or practice of painless putting to death a person’s suffering from
incurable and distressing disease
O. Involuntary Manslaughter – a homicide that occurs as a result of act that are negligent and without regard for
the harm, they may cause others, such as driving while under the influence of liquor and drugs. Also known as
negligent manslaughter.
P. Voluntary Manslaughter – a homicide committed in the heat of passion during a sudden quarrel; although
intent maybe present, malice is not.
Q. Mass Murder – the killing of a large number of people in a single incident by an offender who typically does
not seek concealment or escape.
R. Murder – the unlawful killing of a human being with malicious intent and with the presence of any attendant
circumstances.
S. Serial Murder – the killing of a large number of people over time by an offender who seeks to escape
detection.
THE DEATH PENALTY
 The subject by capital punishment has fueled heated debate both by criminologists and by the public at large.
In the Philippines, death penalty is prohibited by the 1987 Constitution except for compelling reasons,
involving heinous crimes,
 Due to the upsurge of heinous crimes Philippine Congress was prompted to reimpose it leading to the
enactment of R.A. 7659 – otherwise known as An Act to impose the Death Penalty on certain Heinous
Crimes, which was approved on December 13, 1993.

 The heinous crimes found to be deserving of the death penalty under R.A. 7659 are:

1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal Detention
8. Robbery with Violence Against or Intimidation of Person
9. Destructive Arson
10. Rape
11. Plunder ; and
12. Violation of R.A. No 6425 as amended known as the Dangerous Drug Act of 1972

 The penalty to these crimes will be executed through lethal injection as provided by R.A. 8177

 Leo Pilo Echegaray was convicted by Branch 104 of the Regional Trial Court in Quezon City for raping the
10 – year – old daughter of his live – in – partner, and was sentenced to death;
 On February 5, 1999, he was the first Filipino to be executed after its reinstatement;

 Typically, three drugs are used in lethal injection.

1. Pancuronium bromide ( Pavulon ) is used to cause muscle paralysis and respiratory arrest;
2. Potassium chloride to stop the heart; and
3. Sodium thiopental ( formerly ), now Midazolam for sedation.

 However, on June 24, 2006, R.A. No. 9346 was passed by Congress and approved by President Gloria
Macapagal Arroyo, prohibiting the imposition of the death penalty in the Philippines. In lieu of the
death penalty, the following shall be imposed:
a. Reclusion Perpetua – when the law violated makes use of the nomenclature of the Penalties of the
Revised Penal Code; or
b. Life Imprisonment – when the law violated does not make use of nomenclature of the penalties of
the Revised Penal Code.

 Death convicts whose sentences had been reduced to reclusion perpetua shall not be eligible for parole
under Act No. 4103 otherwise known as Indetermine Sentence Law.
 INTRODUCTION TO THE STUDY OF CRIMINAL LAW

 Criminal Law or Penal Law

- That branches of public law which defines crimes, treats of their nature and provides for their punishment.
 Revised Penal Code ( Act No. 3815 )
- The book that contains the Philippine criminal law;
- Approved on Dec. 8, 1930; and
- Took effect on January 1, 1932 ;
- Based on the Spanish Penal Law;
- Adopted the Positivist approach of determining criminal liability;
- It is called as RPC because the old penal code which took effect in the country on July 14, 1887, and was
in force until December 31, 1931 was revised by the Committee created by Administrative Order No. 94
of the Department of Justice, dated Oct.18, 1972, composed of Anaciato Diaz as Chairman, Alex Reyes
and Mariano de Joya as members.
- The Revised Penal Code and the other special laws are applicable only to the areas within the Philippine
territorial jurisdiction, such as:
a. Philippine archipelago – all the islands that comprise the Philippines
b. Atmosphere water – all bodies of water that connect all the islands such as bays, rivers and streams
c. Maritime zone – the three ( 3 ) mile limit beyond our shore measured at low tide

Exceptions to the Territorial Character of the Revised Penal Code:

- The Revised Penal Code shall be applicable to all cases committed outside the Philippine territorial
jurisdiction under the following circumstances:
a. Should commit an offense while on a Philippine ship or airship;
b. Should forge or counterfeit any coin or currency note of the Philippine Island or obligations and
securities issued by the government of the Philippines;
c. While being a public officer or employee, should commit an offense in the exercise of their functions;
d. Should commit any of the crimes against national security and law of nations

Circumstances Affecting Criminal Liability:

 Remember the acronym JEMAA.

1. Justifying – those wherein the acts of the actor are in accordance with law, hence, he incurs no criminal
liability
2. Exempting – those wherein there is an absence in the agent of the crime any of all the conditions that would
make an act voluntary and, hence, although there is no criminal liability, there is a civil liability.
3. Mitigating – those that have the effect of reducing the penalty because there is diminution of any of the
elements of dolo or culpa, which makes the act voluntary or because of the lesser perversity of the offender
4. Aggravating – those which serve to increase the penalty without exceeding the maximum provided by law
because of the greater perversity of the offender as shown by the motivating power of the commission, the
means employed or the personal circumstances of the offender.
5. Alternative – those, which are either aggravating or mitigating according to the nature and effects of the
crime and other conditions attending its commission
Characteristics of Criminal Law
1. It is general in application/ GENERALITY:
- The provisions of the criminal or penal law must ne applied equally to all persons within the territory
regardless of sex, race, nationality and other personal circumstances, with the following exceptions:
a. Heads of state or country
b. Foreign diplomats and ambassadors
2. It is territorial in character/ TERRITORIALITY:
- As part of the right of a state to self – preservation, each independent country has the right to promulgate
laws enforceable within its territorial jurisdiction, subject only to the limitations imposed by treaties of
preferential applications and by the operation of international law of nations.
3. It is prospective or retrospective / PROSPECTIVITY:
- The law is looking forward
- No person may be punished for his act when at the time he committed the act, it is still not yet punishable
by law. However, penal laws may be given retroactive effect when it is favorable to the accused.
4. It is specific and definite.
- Criminal law must give a strict definition of a specific act which constitutes an offense. Where there is
doubt as to whether a definition embodied in the Revised Penal Code applies to the accused or not, the
judge is obligated to decide the case in favor of the accused. Criminal law must be constructed liberally in
favor of the accused and strictly against the state.
5. It is uniform in application
- An act described as a crime is a crime no matter who committed it, wherever committed in the Philippines
and whenever committed. No exceptions must be made as to the criminal liability. The definition of
crimes together with the corresponding punishment must be uniformly construed, although there may be a
difference in the enforcement of a given specific provision of the penal law.

CRIMINOLOGY IN THE PHILIPPINES

Members of the PRC Board of Criminology:
1. Atty. Ramil G. Gabao
- Chairman of the Board of Criminology

Plaridel Education Institution

- Now as the Philippine College of Criminology

- The first education institution to teach Scientific Crime Detection and Police Science in the Philippines
( also SEA region )
EARLY 20TH CENTURY

ANOMIE THEORY

DAVID EMILE DURKHEIM is considered as the father of sociology.

-Explains that the nonexistence of norms in a society encourages person to commit unlawful and other anti social
acts.

-He said that human conduct lies not in the individual but in the group and the social organization.

PSYCHOANALYTICAL THEORY

SIGMUND FREUD is considered as the father of Psychoanalysis.

-Crimes happened due to poor moral development, inadequate childhood socialization ,defective conscience or
emotional immaturity.

HUMAN ECOLOGY THEORY

-The study of interrelationship of people and environment.

-According to ROBERT EZRA PARK the changes in the environment where the people live will cause changes in
society.

MIDDLE 20TH CENTURY

SOMATOTYPING THEORY

ERNEST KRETSCHMER

-He distinguished the 3 major types of somatotypings;

a. Asthenic

-Skinny and slender, slender built and narrow shoulders. Prone to commit fraud and theft.

b.Athletic

-They are tall, strong and muscular, usually involved in crimes against person and generally violent.

c. Pyknic

-They have broad face, massive neck, medium height and with rounded bodies. Generally commits crime related
to fraud, swindling and violence.
WILLIAN H. SHELDON

-Body physic in relation to deviant behavior.

a. Ectomorphy -Introvert person

b. Mesomorphy -Atlethic type

c. Endomorphy -Extrovert person

DIFFERENTIAL ASSOCIATION THEORY

EDWIN SUTHERLAND

-He strongly believe that criminal behavior is learned and not inherited.

- He stated that; “While criminal behavior is an expression of the general needs and value, it is not explained by
those general needs and value , since non criminal behavior is an expression of the same needs and value.”

LATE 20TH CENTURY

STRAIN THEORY

ROBERT KING MERTON

-He asserted that a man who failed to attain a higher status of life will induce him to violate laws in order for that
condition or purpose to be accomplished.

SUB CULTURE THEORY

ALBERT COHEN

-The lower class cannot socialize effectively to the middle and higher classes because the latter would not
welcome the behavior of the former.

CONTAINMENT THEORY

WALTER RECKLESS believed that for every individual there are existing external and internal forces.
a. External Pressure- block opportunities, poverty and unemployment.
b. Internal Structures -Person’s self control, well developed conscience, high frustration tolerance and high
sense of responsibility.
 NEUTRALIZATION THEORY

GRESHAM SYKES argued that a person will follow or break the law depending upon whether he will benefited
or not.

-It the societal rules are favorable to him, the latter are very much willing to obey it. Otherwise, he will transgress.

DIFFERENTIAL OPPORTUNITY THEORY

LLOYD OHLIN explained that there are different opportunities for the lower and upper classes of the society to
gain success.

-The former is usually deprived of the abundant resources that the latter is enjoying.

LABELLING THEORY

TENNENBAUM, LEMERT AND BRECKER

-They believed that a person who did a wrongful act is not considered criminal unless he is labelled as such.

INSTRUMENTALIST THEORY

BY EARL RICHARD QUINNEY

-He claimed that the higher classes are using the existence of the state to exploit the lower classes by making rules
for their own protection, benefit and interest.