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 This approach has been superseded by the beliefs of Enrico Ferri.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