Criminal Justice System Definition Of Terms

4 Principal Methods Of Implementing The Punitive Policy Used During The History Of Mankind

1. Physical Torture
2. Social Degradation
3. Financial Loss
4. Removal from the group by death, exile or imprisonment.

Alphonse Bertillon – One who originated a system of classifying criminals according to bodily
measurements.

Ancient Rome – A nation who pioneered banishment as a form of punishment.

Approaches To The Explanation Of Crime

1. Subjective Approach
2. Objective Approach

Subjective Approach

1. Anthropological Approach
2. Medical Approach
3. Biological Approach
4. Physiological Approach
5. Psychological Approach
6. Psychiatric Approach
7. Psycho-Analytical Approach

Objective Approach

1. Geographic Approach
2. Ecological Approach
3. Economic Approach
4. Sociological and Cultural Approach

Australia – A place where after the Americans gained their independence from England in 1786, the
prisoners of England were transferred until 1867.

Autophobia – It is a morbid fear of one's self or of being alone.

Berlin – The country where the last burning at the stake was made until 1786.

Biology – Is the study of living things. The science that deals with the origin, history, physical
characteristics, life, processes, habits etc. of plants and animals.

Classical School – This school of penology which Beccaria made of the first significant contributions and to
which Rousseau Montesquieu and Voltaire belonged maintained the doctrine of psychological hedonism,
that the individual calculates pleasures and pains in advance of action and regulates his conduct by the
results of his calculations. That since punishment must be one that can be calculated, it must be same for
all individual regardless of age, mentality, social or other conditions.

Criminalistics – Sum total of the application of all sciences in crime detection. A criminal commits crime by
means of things or he leaves something in the crime scene.

These Physical Evidence Include But Not Limited To The Following

1. Blood and Blood stain

2. Firearms and other deadly weapons
3. Fingerprints and footprints
4. Tool marks and many more

Criminal Etiology – Is an attempt at scientific analysis of the causes of crime.

Criminological Schools -

1. Cartographical School
2. The Socialist School
3. The Psychiatric School
4. Sociological and Social-Psychological School.

David W. Maurer – An American authority in police matters who in his books “The Big Con – 1940” once
said the dominant culture would control the predatory cultures without difficulty and what is more, it could
exterminate them for no criminal subculture can operate continuously and professionally without the
connivance of the law.

Divisions Of Criminalistics -

1. Scientific - a. Chemistry
b. Physics
c. Biology
2. Technological – a. Questioned Document Examination
b. Firearms Identification
c. Fingerprint Identification

Italian Theory – Dr. Cesare Lombroso

3 Classes of Criminals

1. Born Criminals – Atavism

2. Insane Criminals – Idiots, imbecile, dementia, paralysis, pelagno etc.
3. Criminaloids – Not born with physical stigma but who are of such mental makeup
that they display anti social conduct. Criminaloids are persons suffering from
psychological defects.

Proponents/Pioneer of Italian theory

1. Dr. Cesare Lombroso

 2. Enrico Ferri
3. Garofalo

John Howard – The great prison reformer who wrote “The state of prisons in england in 1777 after a
personal investigation of practically all the prisons in England.

Middle Of The 16th Century – The period when the first house of correction appeared in England on the
petition of Bishop Ridley of London for help in dealing with the sturdy vagabonds of the city. The King
gave his place at Bridewell to be one of the hospitals of the city for lewd and idle and a place for the
employment of the unemployed and the training of children.

Modern Trend In Criminology And Penology – Is that the offender in society regardless of the gravity of
the offense must be corrected and rehabilitated for eventual return to the community.

Neo-Classical School – This school arose at the time of the French revolution and the period immediately
following, maintained that while the classical school was correct in general, it should be modified in certain
details since children and lunatic can not calculate pleasures and pain, they should not be regarded as
criminals or to be punished.

PEACE – Philippine Educator's Association for Criminology Education, January 15, 1983.

Penology – Concerned with the control and prevention of crime and the treatment of youthful offenders.

Phenomenon – Any extremely unusual or extra ordinary thing or occurrence.

Philippine College Of Criminology – At Sta. Cruz Manila, Formerly known as Plaridel College, 1950's.

Founders:

1. Manila Police Major Eliseo Vibar

2. Dr. Pedro Solis of NBI
3. SC Associate Justice Felix Bautista Angelo

Peter Rentzel – A private person who in 1669 established a work house in hamburg at his own expense
because he had observed that thieves and prostitutes were made worse instead of better by pillory and he
hoped that they might be improved by work and religious instruction in the workhouse.

Police/Law Enforcement – The core of the criminal justice system or the institution which the other
machineries of the criminal justice system are developed.

Positive School – This school denied individual responsibility and reflected an essentially non punitive
reaction to crime and criminality. The adherents of this school maintained that a crime as any other act is
a natural phenomenon like tornado, flood etc.

Principal Division Of Criminology -

1. Criminal Etiology
2. Sociology of Law
3. Penology

Social Contract Theory – It is based on the principle that it is the obligation of the state to protect and
provide safety of the people and to promote the happiness of its constituent members. In return for these
services, it is the obligation of the individual member to surrender a small portion of his natural liberty in
obedience to the valid laws of the state.

Social Control Theory – Since man has enjoyed freely the protection and security, it is necessary for the
state to assume some sort of control over the behavior of the members so that the greatest happiness for
the majority can be obtained.

Sociology Of Law – Is an attempt at scientific analysis of the conditions under which penal/criminal
laws develop as a process of formal social control.

Theories Underlying Criminal Law In Relation To Man

1. Classical Theory
2. Neo-Classical Theory
3. The Positive and Italian Theory

*The behavior system in crime may be described by its 3 principal characteristics except “it is not merely
an aggregation of individuals criminal acts”.

 The maintenance of peace and order is the joint and several responsibility of man and his
government. Can be described by the following theories:

1. Social Contract Theory

2. Social Control theory