MODULEǀ INTRODUCTION TO CRIMINOLOGY Page |1

MODULE 7
CRIMINOLOGY &
CRIMINAL JUSTICE

Introduction
The everyday life of every Filipino naturally revolves
around our criminal justice system. Living a normal life means
abiding the laws, rules and regulations, and at the same time
enjoying the rights and protection afforded to him as a citizen of
our demographic country, by the Constitution. Accordingly, a
person who goes beyond the bounds of the law is expected to
face the consequences of his action and go through the process
of the criminal justice system (Mandelo,2013).
The Criminal Justice System in the Philippines is a
modified version of the American Justice System. The Philippine
Criminal Justice System is comprised of the comprised of the
following pillars: Law Enforcement, Prosecution, Court, Correction
and Community. This is an innovation of the American Justice
System where it only has three pillars, namely, Law Enforcement,
Court and Correction. Prosecution and Community are pillars
included in our justice system because they play a vital role in
crime prevention and criminal justice process.

Distinction between Criminology and Criminal Justice

Criminology and Criminal Justice is different from each other. The known American sociologist
Edwin Sutherland provided a definition of Criminology that is widely used when referring to the study of
crime by the various academic disciplines. Sutherland described criminology as “the body of knowledge
regarding crime as a social phenomenon. The definition includes within its scope the process of making
laws, of breaking laws, and of reacting towards the breaking of laws. The objective of criminology is for the
development of a body of general and verified principles and of other types of knowledge regarding this
process of law, crime and treatment of prevention.

On the other hand, criminal justice refers to the study of the processes involved in a system of
justice, the people who performed this tasks, the scope and nature of the system, and public policy, laws
and regulations that shape the administration and outcomes of a criminal justice system.

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Criminology often includes the study of the criminal justice system, but the criminologist may focus
more on theoretical investigations, such as who breaks the law, why do people breaks the law, why do
people not break the law, what motivates law breaking, and what discourages law breaking.

According to Professor James A. Fagin of East Stroudsburg University of Pennsylvania,

Criminology can be included in the study of criminal justice. Because the academic discipline of sociology
preceded that of criminal justice, the sociology departments of many colleges and universities offer
criminology classes, even when the institution has a criminal justice major. It is not uncommon for sociology
departments to distinguish between the study of criminology and the study of criminal justice. However,
many different scientific, professional, and academic disciplines contribute to the study of criminal justice,
and these include biology, chemistry, criminology, forensics, law, medical science, neurology, political
science, psychiatry, psychology, public administration and sociology. (Criminal Justice by James Fagin, pp.
25-26)

Criminology Criminal Justice System

Criminology tends to focus on the determination Criminal Justice tends to focus on the legal
and development of principles, concepts, and process on how to deal with criminal offender.
theories of crime causation.

Criminology explains the etiology (origin), extent Criminal Justice studies the agencies of Social
and nature of crime in the society. Control that handles criminal offenders.

Criminology tends to focus on research. Criminal justice tends to focus on the application,
public law, public policy, and decision making, and
career development.

Criminologists are concerned with identifying the Criminal Justice Professionals are engage in
nature, extent, and cause of crime. describing, analyzing, and explaining the
operations of agencies of justice (the five
components of CJS). They seek more effective
methods of crime control and offender
rehabilitation.

Both criminology and criminal justice are eclectic disciplines that borrow researches and theories from
other related disciplines. Some of the earliest criminologists were medical doctors and psychiatrists,
while many influential criminologists of the twentieth century were sociologists.

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Scope of the Study of Criminology

Criminology is the broad field of the study of crimes and criminals. Its scope is categorized into the
following studies:
1. The Making of Laws-pertains to the examination of the nature and structure of laws in the society
which could be analyzed scientifically, systematically and exhaustively to learn causation and
eventually help fight them.

2. The Breaking of Laws- pertains to the examination of the reasons of crime causation which
primarily deals to answer issues why despite the presence of laws people commit crimes.

3. Reaction Towards the Breaking of Laws- pertains to the study of how people, the criminal and
the government reacts towards the breaking of laws because the reactions necessarily bright light
to the development of modern measures to treat the criminal offenders at the same time

Areas of Study in Philippine Criminology

Six Principal Areas in Criminology in relation to the licensure examination for criminologists:

1. Criminal Behavior or Criminal Etiology- the scientific analysis of the causes of crime and the
study of criminal behavior, which is under the area of Criminal Sociology.

2. Sociology of Law - the study of law and its application, which is under the area of Criminal
Jurisprudence and Procedures.

3. Penology or Correction – study that deals with punishment and the treatment of criminals
offenders under the area of Correctional Administration.

4. Criminalistics or Forensic Science – study regarding “instrumentation” involving the tools in

crime detection and criminal identification. It belongs to the area known as Criminalistics.

5. Law Enforcement- refers to the manner in which authorities enforce the local and national laws of
the land. Under the area of Law Enforcement Administration.

6. Criminal Investigation- pertains to the processes of crime detection and the identification of
criminal offenders. It is under the area of Crime Detection and Investigation.

Other Sub-Fields or Perspectives of Criminology

1. Critical criminology- the study focuses on law and punishment where crime is viewed as
interconnected and part of the system of social inequalities. Critical Criminologists deals on the
account of contextual factors of crime such as oppression of workers, class division, ethnic
minorities, women, sexism and racism.

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2. Applied criminology- uses a variety of disciplines to examine criminality and the criminal justice
system. The study focuses more on the processes seen in the justice system and in the
enforcement of laws directed towards influential social policies.

3. Experimental Criminology- It focuses on random selection of social issues directed to evidenced-

based crime and justice policy.

4. Comparative Criminology- a perspective of criminology that deals with the study of the crime
problem by understanding the differences and similarities of social cultures in order to understand
crime patterns and trends.

5. Convict Criminology- deals with study of convicts and ex-convicts in order to provide answers to
many issues in criminal justice where criminal correction is a pillar in the system.

6. Green Criminology- deals with the analysis of crimes involving a variety of environmental
concerns with link to criminal activities.

Concept of the Philippine Criminal Justice System

1. The First Pillar- Police/Law Enforcement

The first pillar stands as the forefront and prime mover of the justice system which have the
following goals to wit:
1. Crime Prevention
2. Arrest or Criminal Apprehension
3. Criminal Investigation
4. Order Maintenance
5. Public Service
6. Traffic regulation and motor accident investigation

The Police
The police or law enforcers are the most visible representative of the government in the society.
The first line of defense against crime, for only if the police arrest suspect will rest of criminal justice system
come play in prosecuting, trying, convicting and rehabilitating the offenders.
The term “police” derived from the word POLITIA, meaning condition of a state, government, and
administration. Politia originated from the Greek word “Politeia” which means government, citizenship, or
the entire activity of polis in the city.

Police Roles in Criminal Justice System

1. To conduct Criminal Investigation
2. To make an arrest or criminal apprehension
3. To conduct search and seizures
4. To prepare and file complaint
5. To participate in the prosecution of offenses

Note: In every stage of police performance of its roles and duties, strict compliance to constitutional and
statutory rights of person shall always be observed.

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2.The Second Pillar- Prosecution

In this stage of justice system, determination of the legality of the action of the law enforcer and the
evaluation of evidence presented takes place. Likewise, presence of probable cause to warrant prosecution
known as Preliminary Investigation will be determined.

Three (3) main functions of the Prosecution Pillar

1. To conduct Preliminary Investigation
2. To conduct Inquest Proceeding
3. To act as lawyer of the state in criminal prosecution

3.The Third Pillar- Court

In this stage of criminal justice system, judicial determination of the guilt or innocence of the
accused is under consideration. Our Constitution ordains that judicial powers shall be vested in one
Supreme Court and such lower courts as may be established by law (Section 1, Article VIII of the 1987
Philippine Constitution).

Court
- Is defined as a governmental body officially assembled under the authority of law at the appropriate
time and place for the administration of justice through which state enforces its sovereign rights
and power.

Judicial Power
- The judicial power shall be vested in one Supreme Court and in such other courts as may be
established by law.
- Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack of excess of jurisdiction on the part of any
branch or instrumentality of the Government (Section 1, Article VIII, 1987 Constitution).

Functions of the Court

1. Keeping the peace
2. Deciding controversies
3. Administrative Role

Different Judicial Courts in the Philippines

1. The Supreme Court
2. Court of Appeals
3. Court of Tax Appeals
4. Sandiganbayan
5. Regional Trial Court
6. Municipal Trial Courts
7. Family Court
8. Shari’a Court
Note: Barangay Court is not among those judicial courts

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Criminal Jurisdiction
- Is the authority to hear and try a particular offense and impose the punishment for it. Criminal
jurisdiction is essential because without this the court cannot hear, try and decide to a particular
case.

4.The Fourth Pillar- Correction

In this stage, correction, rehabilitation and reorientation of those who judicially found guilty will
takes place.

Correction
- Is that branch of the administration of criminal justice charged with the responsibility for the
custody, supervision and rehabilitation of the convicted persons.
- Correction is in a view of reorientation or re-instruction of the individual with a purpose of
preventing a repetition of the unlawful activities without necessity of taking punitive action.

Two (2) Approaches of Correction

1. Institutional Correction
- Rehabilitation or correctional programs takes place inside correctional facilities or institutions such
as national penitentiaries and jails.

2. Non-Institutional Correction
- Rehabilitation or correctional programs takes place within the community. This is otherwise refers
to as community-based correction. Is this approach the convict will not be placed in correctional
facility or jail.

Agencies of the government charged with correctional responsibility

1. Bureau of Correction (BuCor)
2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-Provincial Jails (Provincial Governments)
6. Department of Social Welfare and Development (DSWD)

5.The Fifth Pillar- Community

Community as a pillar is very indispensable in the system because in the absence of citizen’s
assistance, the criminal justice system will not be able to handle effectively the complicated task of
preventing and controlling crime. There is a need for more balance allocation of peacekeeping duties
between the criminal justice system and the prevention of responsibilities.

Crime prevention activities must include those that have greatest potential for crime reduction and
improving the quality of life. These may be accomplished by the following:

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1. Reinforcing and strengthening the basic social institution which is the family through programs
formulated by the government such as Department of Education (DepEd), the Department of
Social Welfare and Development (DSWD) and the concerned Local Government Units (LGU’s)
with coordination with Non-Governmental Organization (NGOs).

2. To provide quality but less costly education up to tertiary level. Full scholarship must likewise
available for those who are cannot afford to expend for their education with through programs of
DepEd, CHED and TESDA.

3. Providing health-care programs by the DOH and PHILHEALTH for those who are considered victim
of illegal drugs especially in the areas where there are rampant drug abuse problems.

4. Providing recreation programs for the youth to prevent delinquency and drug abuse.

5. Active participation of the mass media in educating the public against criminality.

6. Providing and creating job opportunities for those unemployed and underemployed with the
assistance of the Department of Labor and Employment.

The success of the Criminal Justice System, specifically the community pillar will be based on the role
performances of the following:
1. The Family
2. The Barangay
3. The Schools
4. The Government
5. The Private Sectors (NGO’s)
6. The Church
7. The Mass Media

Sources:
1. Introduction to Philippine Criminal Justice System by Brian B. Guerrero, Wiseman’s Book Trading Inc., Philippine Copyright 2019
2. Essentials of Criminology 2nd Edition by Jesster P. Eduardo, Wiseman’s Book Trading Inc., Philippine Copyright 2018
3. Essentials of Criminology by Dr. Miller F. Peckley and Jesster P. Eduardo, Wiseman’s Book Trading Inc., Philippine Copyright 2010

Introduction to Criminology University of Antique