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Crime statistics can be collected through various methods, each with their own limitations. Law enforcement agency reports only include reported crimes, while victimization surveys rely on self-reporting which can be unreliable, especially for less frequent or intimate crimes. There is no uniform international standard for defining and recording crime statistics, making cross-jurisdiction comparisons difficult. Researchers have found that overall crime levels have declined in Western nations since the 1990s, likely due to factors like demographic changes and increased prevention efforts, though the declines vary based on crime type.
Crime statistics can be collected through various methods, each with their own limitations. Law enforcement agency reports only include reported crimes, while victimization surveys rely on self-reporting which can be unreliable, especially for less frequent or intimate crimes. There is no uniform international standard for defining and recording crime statistics, making cross-jurisdiction comparisons difficult. Researchers have found that overall crime levels have declined in Western nations since the 1990s, likely due to factors like demographic changes and increased prevention efforts, though the declines vary based on crime type.
Crime statistics can be collected through various methods, each with their own limitations. Law enforcement agency reports only include reported crimes, while victimization surveys rely on self-reporting which can be unreliable, especially for less frequent or intimate crimes. There is no uniform international standard for defining and recording crime statistics, making cross-jurisdiction comparisons difficult. Researchers have found that overall crime levels have declined in Western nations since the 1990s, likely due to factors like demographic changes and increased prevention efforts, though the declines vary based on crime type.
This article includes a list of references, but its sources remain unclear because it has insufficient inline citations.Please help to improve this article by introducing more precise citations. (September 2010) Several methods for measuring crime exist Public surveys are sometimes conducted to estimate the amount of crime not reported to police. Such surveys are usually more reliable for assessing trends. However, they also have their limitations and generally don't procure statistics useful for local crime prevention, often ignore offences against children and do not count offenders brought before the criminal justice system. Law enforcement agencies in some countries are compilations of statistics for various types of crime. Two major methods for collecting crime data are law enforcement reports, which only reflect reported crimes and victimization statistical surveys. The latter rely on individual honesty. For less frequent crimes such as intentional homicide and armed robbery, reported incidences are generally more reliable. Because laws vary between jurisdictions, comparing crime statistics between and even within countries can be difficult. The U.S. has two major data collection programs, the Uniform Crime Reports from the FBI and the National Crime Victimization Survey from the Bureau of Justice Statistics. However, the U.S. has no comprehensive infrastructure to monitor crime trends and report the information to related parties such as law enforcement. [1]
Research using a series of victim surveys in 18 countries of the European Union, funded by the European Commission, has reported (2005) that the level of crime in Europe has fallen back to the levels of 1990, and notes that levels of common crime have shown declining trends in the U.S., Canada, Australia and other industrialized countries as well. The European researchers say a general consensus identifies demographic change as the leading cause for this international trend. Although homicide and robbery rates rose in the U.S. in the 1980s, by the end of the century they had declined by 40%. [1]
However, the European research suggests that "increased use of crime prevention measures may indeed be the common factor behind the near universal decrease in overall levels of crime in the Western world", since decreases have been most pronounced in property crime and less so, if at all, in contact crimes. [2][3][4]
Relatively few standards exist and none that permit international comparability beyond a very limited range of offences. However, many jurisdictions accept the following: There must be a prima facie case that an offence has been committed before it is recorded. That is either police find evidence of an offence or receive a believable allegation of an offense being committed. Some jurisdictions count offending only when certain processes happen, such as an arrest is made, ticket issued, charges laid in Court or only upon securing a conviction. Multiple reports of the same offence usually count as one offence. Some jurisdictions count each report separately, others count each victim of offending separately. Where several offences are committed at the same time, in one act of offending, only the most serious offense is counted. Some jurisdictions record and count each and every offense separately, others count cases, or offenders, that can be prosecuted. Where multiple offenders are involved in the same act of offending only one act is counted when counting offenses but each offender is counted when apprehended. Offending is counted at the time it comes to the attention of a law enforcement officer. Some jurisdictions record and count offending at the time it occurs. As "only causing pain" is counted as assault in some countries, it let higher assault rates expect in Austria, Finland, Germany, the Netherlands, Portugal and Sweden. But there are exceptions, like Czech Republic and Latvia. France was the contrasting exception having a high assault ration without counting minor assaults. [5]
Offending that is a breach of the law but for which no punishment exists is often not counted. For example: Suicide, which is technically illegal in most countries, may not be counted as a crime, although attempted suicide and assisting suicide are. Also traffic offending and other minor offending that might be dealt with by using fines, rather than imprisonment, is often not counted as crime. However separate statistics may be kept for this sort of offending. Surveys[edit] Because of the difficulties in quantifying how much crime actually occurs, researchers generally take two approaches to gathering statistics about crime.
However, as officers can only record crime that comes to their attention and might not record a matter as a crime if the matter is considered minor and is not perceived as a crime by the officer concerned. For example, when faced with a domestic violence dispute between a couple, a law enforcement officer may decide it is far less trouble to arrest the male party to the dispute, because the female may have children to care for, despite both parties being equally culpable for the dispute. This sort of pragmatic decisionmaking asked if they are victims of crime, without needing to provide any supporting evidence. In these surveys it is the participant's perception, or opinion, that a crime occurred, or even their understanding about what constitutes a crime that is being measured. As a consequence differing methodologies may make comparisons with other surveys difficult. One way in which, while other types of crime are under reported. These surveys also give insights as to why crime is reported, or not. The surveys show that the need to make an insurance claim, seek medical assistance, and the seriousness of an offence tend to increase the level of reporting, while the inconvenience of reporting, the involvement of intimate parters and the nature of the offending tend to decrease reporting. This allows degrees of confidence to be assigned to various crime statistics. For example: Motor vehicle thefts are generally well reported because the victim may need to make the report for an insurance claim, while domestic violence, domestic child abuse and sexual offences are frequently significantly under-reported because of the intimate relationships involved, embarrassment and other factors that make it difficult for the victim to make a report. Attempts to use victimisation surveys from different countries for international comparison had failed in the past. A standardised survey project called the International Crime Victims Survey [6] Results from this project have been briefly discussed earlier in this article. Classification[edit] While most jurisdictions could probably agree about what constitutes a murder, what constitutes a homicide may be more problematic, while a crime against the person could vary widely. Legislation differences often means the ingredients of offences vary between jurisdictions. The International Crime victims Survey has been done in over 70 countries to date and has become the 'de facto' standard for defining common crimes. Complete list of countries [7] participating and the 11 defined crimes [8] can be found at the project web site. [9]
Measures[edit] More complex measures involve measuring the numbers of discrete victims and offenders as well as repeat victimisation rates and recidivism. Repeat victimisation involves measuring how often the same victim is subjected to a repeat occurrence of an offence, often by the same offender. Repetition rate measures are often used to assess the effectiveness of interventions.
See also[edit] Crime science is the study of crime in order to find ways to prevent it. Three features distinguish crime science from criminology: it is single-minded about cutting crime, rather than studying it for its own sake; accordingly it focuses on crime rather than criminals; and it is multidisciplinary, notably recruiting scientific methodology rather than relying on social theory. Crime science in the United Kingdom was conceived by the British broadcaster Nick Ross in the late 1990s (with encouragement from the then Commissioner of the Metropolitan Police, Sir John Stevens and Professor Ken Pease) out of concern that traditional criminology and orthodox political discourse were doing little to influence the ebb and flow of crime (e.g. Ross: Police Foundation Lecture, London, 11 July 2000 [jointly with Sir John Stevens]; Parliamentary and Scientific Committee, 22 March 2001; Royal Institution Lecture 9 May 2002; Barlow Lecture, UCL, 6 April 2005). Jill Dando Institute of Crime Science[edit] The first incarnation of crime science was the founding, also by Ross, of the Jill Dando Institute of Crime Science (JDI) at University College London in 2001. In order to reflect its broad disciplinary base, and its departure from the sociological (and often politicised) brand of criminology, the Institute is established in the Engineering Sciences Faculty, with growing ties to the physical sciences such as physics and chemistry but also drawing on the fields of statistics, environmental design, psychology, forensics, policing, economicsand geography. It has established itself as a world-leader in crime mapping and for training crime analysts (civilian crime profilers who work for the police). The JDI grew rapidly and spawned a new Department of Security and Crime Science, a Centre for the Forensic Sciences and the world's first secure data lab for security and crime pattern analysis. The JDI also has a growing Security Science Doctoral Research Training Centre (UCL SECReT), which is the national UK training centre for security and crime related research degrees. UCL SECReT was first established in 2009 following a 7m cash grant award by the EPSRC (the Engineering and Physical Sciences Research Council of the UK) and 10m of cash and in-kind support from industrial, academic and public sector partners to establish Europes largest centre for doctoral training in security and crime science. The centre is a world-class interdisciplinary centre applying the latest techniques in a variety of disciplines to problems in the crime and security domain and offers ten annual scholarships for students interested in pursuing such PhD research. The website for the new centre is http://www.ucl.ac.uk/secret. International Crime Science Network[edit] An international Crime Science Network was formed in 2003, with support from the EPSRC. Since then the term crime science has been variously interpreted, sometimes with a different emphasis from Ross's original description published in 1999, and often favouring situational crime prevention (redesigning products, services and policies to remove opportunities, temptations and provocations and make detection more certain) rather than other forms of intervention. However a common feature is a focus on delivering immediate reductions in crime. Growth of the Crime Science Field[edit] The concept of crime science appears to be taking root more broadly with: A Springer Open Access Interdisciplinary journal devoted to Crime Science [1]. A Crime Science course at Northumbria University in the UK. A Crime Science course at the University of Twente in the Netherlands. A Crime Science Unit at DSTL, the research division of the UK Ministry of Defence. The term crime science increasingly being adopted by situational and experimental criminologists in the US and Australia. The annual Crime Science Network gathering in London draws police and academics from across the world. Crime science increasingly being cited in criminology text books and journals papers (sometimes claimed as a new branch of criminology, and sometimes reviled as anti-criminology). Crime science featuring in several learned journals in other disciplines (such as a special issue of the European Journal of Applied Mathematics devoted to "crime modelling")[2]. Bibliography[edit] [Jun12] M. Junger, G. Laycock, P. H. Hartel, and J. Ratcliffe. Crime science: editorial statement. Crime Science, 1:1.1-1.3, Jun 2012. [3]. [Har10] P. H. Hartel, M. Junger, and R. J. Wieringa. Cyber-crime Science = Crime Science + Information Security. Technical Report TR-CTIT-10-34, CTIT, University of Twente, Oct 2010. [4]. [Pea10] K. Pease. Crime Science. In S. G. Shoham, P. Knepper, and M. Kett, editors, International Handbook of Criminology, pages 323. CRC Press, Feb 2010. [5]. [Cla09] R. V. Clarke. Crime science. In E. McLaughlin and T. Newburn, editors, Handbook of Criminal Theory, page in press. Sage, London, 2009. [Gue09] R. T. Guerette and K. J. Bowers. Assessing the extent of crime displacement and diffusion of benefits: a review of situational crime prevention evaluations. Criminology, 47(4):1331-1368, Nov 2009. [6]. [Wil09] R. Willison and M. Siponen. Overcoming the insider: reducing employee computer crime through Situational Crime Prevention. Commun. ACM, 52(9):133-137, Sep 2009. [7]. [Cox08] K. Cox. The application of Crime Science to the prevention of medication errors. British J. of Nursing, 17(14):924-927, Jul 2008. [8]. [Til07] N. Tilley and G. Laycock. From Crime Prevention to Crime Science. In G. Farrell, K. J. Bowers, S. D. Johnson, and M. Townsley, editors, Imagination for Crime Prevention: Essays in Honour of Ken Pease, volume 21, pages 1939. Criminal Justice Press, Monsey, New York, 2007. [Lay05] G. Laycock. Defining Crime Science. In M. J. Smith and N. Tilley, editors, Crime science: new approaches to preventing and detecting crime, pages 324. Willan Publishing, Uffculme, UK, 2005. [Cla97a] R. V. Clarke (ed.) Situational Crime Prevention: Successful Case Studies, Harrow and Heston, 1997. [9].
UNODC Homicide Statistics provide users with a reference for the largest number of countries and the longest time series on homicide data possible. A variety of national and international sources on homicide have been considered to compile UNODC Homicide Statistics and, in order to present accurate and comparable statistics, data have been selected which conform as much as possible to the definition of intentional homicide used by UNODC for statistical purpose: unlawful death purposefully inflicted on a person by another person. All existing data sources on intentional homicides, both at national and international level, stem from either criminal justice or public health systems. In the former case, data are generated by law enforcement or criminal justice authorities in the process of recording and investigating a crime event while, in the latter, data are produced by health authorities certifying the cause of death of an individual. Public health data on homicides were derived from databases on deaths by cause disseminated by WHO, both at central level and through some of its regional offices. Data included in the dataset correspond to the original value provided by the source of origin, since no statistical procedure or modelling was used to change collected values or to create new or revised figures. Source type: CJ: Criminal Justice PH: Public Health Data sources: CTS: United Nations Surveys on Crime Trends and the Operations of Criminal Justice Systems (CTS) Eurostat: The statistical office of the European Union. Offences recorded by the police. GBI: Global Burden of Injuries, Injury Mortality Data Collection Interpol: International Criminal Justice organization NGO: Non-governmental organization NSO: National Statistical Office OAS: Organization of American States - Observatory on Citizen Security. Number of offences of intentional homicide recorded by the police. OCAVI: ObservatorioCentroamericanosobreViolencia - The Central American Observatory on Violence. Sourced from national police data. PAHO: Pan American Health Organization's Core Health Data System SES: Regional System of Standardized Citizen Security and Coexistence Indicators Transmonee: UNICEF TransMONEE Database. Innocenti Research Centre, Florence UN-OCHA: UN Office for the Coordination of Humanitarian Affairs. Integrated Regional Information Network UN-PKO: UN Peacekeeping Operations WHO: World Health Organization Global Burden of Disease Mortality Estimates Last update in UNdata: 1 August 2012
Comparisons of Crime in OECD Countries The UN affiliated European Institute for Crime Prevention and Control has recently published the most upto-date international comparison of crime statistics. The figures are based on the UN Survey of Crime Trends (UN-CTS). In the past the UN only published comparisons for Europe and North America, but the latest report uses police-recorded crime for 2006 for many additional countries. However, because there are significant problems of comparability, Civitas has selected only those nations that belong to the OECD. Its members are more likely to have reliable national statistics agencies and to be accustomed to standardising information. It is frustrating that international comparisons are so far behind, but ironing out inconsistencies to ensure that we really are comparing like with like simply takes a long time. We know from comparisons with other EU members that crime in England and Wales is very high. In 2004 the European Union's Crime and Safety Survey looked at 18 countries and found that the UK was a 'crime hotspot', along with Ireland, the Netherlands and Denmark. And in 2007 the Eurostat figures for the 27 EU members found that England and Wales had the third worst crime rate. How does our crime rate compare? But how do England and Wales compare with developed countries inside and outside Europe? The UN comparisons are based on six of the most serious crimes: intentional homicide, rape, robbery, assault causing serious bodily harm, burglary and vehicle theft. Ranks out of 36 countries unless stated. England Scotland Northern Ireland Compared with our peers, the report shows that we are a high-crime society with a particular propensity to violence short of intentional homicide. CRIME CIVITAS Crime Briefing 2 Comparisons of Crime in OECD Countries Intentional Homicide Country Police Recorded Cases per 100,000 population Mexico 18.1 Estonia 5.2 United States 5.0 Chile 3.7 Turkey 3.3 Korea 2.9 Luxembourg 2.5 Finland 2.3 Israel 2.1 Canada 1.8 Belgium 1.7 Scotland 1.6 New Zealand 1.5 Slovakia 1.5 France 1.4 Hungary 1.4 Poland 1.3 Northern Ireland 1.2 Australia 1.2 Ireland 1.2 Portugal 1.2 England and Wales 1.1 Netherlands 1.1 Greece 1.0 Italy 1.0 Sweden 1.0 Czech Republic 0.9 Denmark 0.9 Spain 0.9 Germany 0.8 Switzerland 0.7 Norway 0.6 Slovenia 0.6 Austria 0.5 Japan 0.5 Iceland 0.3 CRIME
Types of crime The Federal Bureau of Investigation collects crime data from local law-enforcement agencies under the following definitions. Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. Assault (simple): To knowingly or recklessly cause or attempt to cause physical harm to another, but without use of a weapon Burglary: Unlawful entry of a structure to commit a felony or a theft Disorderly Conduct: Any unlawful breach of the peace Driving under the Influence: Driving or operating any vehicle while drunk or under the influence of liquor or narcotics Drug Abuse Violations: Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs, including opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine) Drunkenness: Offenses relating to drunkenness or intoxication, not including driving under the influence Embezzlement: The misappropriation or misapplication of money or property entrusted to ones care, custody, or control Forgery and Counterfeiting: Making, altering, uttering, or possessing, with intent to defraud; anything false that resembles that which is true (e.g. a document or monetary note) Fraud: Converting or obtaining money or property by false pretense, including confidence games and the use of bad checks Gambling: Promoting, permitting, or engaging in illegal gambling Hate Crime: Also called bias crime, a criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offenders bias against a race, religion, ethnic/national origin group, or sexual-orientation group Larceny-Theft: Unlawful taking of property from the possession or constructive possession of another; includes shoplifting, pocket picking, purse snatching, thefts from motor vehicles, thefts of motor vehicle parts and accessories, and bicycle thefts Liquor Law Violations: Violations of laws or ordinances prohibiting the manufacture, sale, transporting, furnishing, or possessing of intoxicating liquor Manslaughter by Negligence: The death of a person through another person or organizations act of gross negligence Motor Vehicle Theft: Theft or attempted theft of a motor vehicle Murder and Non-negligent Manslaughter: Willful (non-negligent) killing of one human being by another Non-forcible Rape: Unlawful but unforced sexual conduct; includes the crimes of incest and statutory rape Offenses against the Family and Children: Nonsupport, neglect, desertion, or abuse of family and children Prostitution and Commercialized Vice: Sex offenses of a commercialized nature, such as prostitution, procuring, or transporting women for immoral purposes Rape: Carnal knowledge of a person, forcibly and against that persons will; in non-forcible rape, the victim is incapable of giving consent because of a temporary or permanent mental or physical incapacity or because of his/her youth Robbery: Taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear Sex Offenses: Statutory rape and offenses against chastity, common decency, morals, and the like, including voyeurism, forcible sodomy, and forcible fondling Stolen Property: Buying, Receiving, Possessing: Knowingly buying, receiving, and possessing stolen property Vandalism: Willful or malicious destruction, injury, disfigurement, or defacement of any public or private property, real or personal, without consent of the owner or persons having custody or control Weapons Law Violations: Violation of laws or ordinances dealing with regulatory weapons offenses, including unlawful manufacturing, selling, or possession of deadly weapons; carrying deadly weapons, concealed or openly; and furnishing deadly weapons to minors Federal Bureau of Investigation. Uniform Crime Reporting Handbook,www.fbi.gov/ucr/Cius_98/98crime/98cius05.pdf Federal Bureau of Investigation. Uniform Crime Reports, www.fbi.gov/ucr.htm
===== History[edit] The Philippines was a colony of Spain for more than 300 years, beginning in 1565 until 1898. Because of this, many fields of law in the Philippines such as Civil Law and Criminal Law follow a civil law tradition, as opposed to Commercial Law and Constitutional Law which follow a common law tradition. When the Spanish Colonizers conquered the Philippines, the Spanish Codigo Penal was made applicable and extended to the Philippines by Royal Decree of 1870. This was replaced with the old Penal Code which was put in place by Spanish authorities, and took effect in the Philippines on July 14, 1876. This law was effective in the Philippines until the American colonization of the Philippines. It was only on December 8, 1930, when it was amended, under Act. No. 3815, with the enactment of the Revised Penal Code of the Philippines (the Revised Penal Code). The Revised Penal Code[edit] Main article: Revised Penal Code of the Philippines The Revised Penal Code took effect on January 1, 1932. It is composed of two parts Book One of the Revised Penal Code provides the general provisions on the application of the law, and the general principles of criminal law. It defines felonies and circumstances which affect criminal liability, justifying circumstances and circumstances which exempt, mitigate or aggravate criminal liability, and defines the classification, duration, and effects of criminal penalties. Finally, it provides for the extinction and survival of criminal and civil liabilities in crimes. Book Two of the Revised Penal Code on the other hand defines the specific crimes and the penalties imposable for each crime. Crimes are classified into crimes against national security (such as treason, espionage and piracy), crimes against the fundamental laws of the state (rebellion, coup detat, sedition and public disorders), crimes against public interest (counterfeiting of currency, falsification of public documents), crimes against public morals, crimes committed by public officers, crimes against persons (parricide, murder, physical injuries, rape), crimes against security (kidnapping), and crimes against property (robbery, theft), among others. Criminal negligence is also an offense under the Revised Penal Code. Under the Revised Penal Code, acts and omissions punishable by law are called felonies. Thus, to be considered as a felony there must be an act oromission. Degree of Consummation of Crimes[edit] Felonies can be consummated, frustrated, and attempted. A felony is consummated when all the elements necessary for its execution and accomplishment are present. It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or 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. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Conspiracy can also be proven based on the idea of "unity of purpose" and acts leading to a common design. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. Conspiracy and proposal to commit a felony are generally not punishable, except for conspiracy and proposal to commit treason, coup detat, and rebellion. Whilst not generally punishable, conspiracy can determine the degree of participation in criminal offenses in order to determine criminal liability. Circumstances that Affect Criminal Liability[edit] The presence of certain circumstances have the effect of removing, mitigating or aggravating criminal liability of persons. Persons who commit crimes when justifying circumstances are present do not incur criminal or civil liability. Acting in self- defense is one of these justifying circumstances. The presence of exempting circumstances on the other hand will exempt the perpetrator from criminal liability but not from civil liability. Some of these exempting circumstances are imbecility or youth. On the other hand, the presence of one or more mitigating circumstances when a crime is committed, can serve to reduce the penalty imposed. An example is voluntary surrender. Lastly, the presence of aggravating circumstances will increase the penalty imposed under the crime, upon conviction. Some examples are contempt or insult to public authority. Participation in Crimes[edit] Under the Revised Penal Code, when more than one person participated in the commission of the crime, the law looks into their participation because in punishing offenders, the Revised Penal Code classifies them as principals, accomplices, or accessories. A persons can be liable as a principal for (a) taking a direct part in the execution of the felony, (b) directly forcing or inducing others to commit it, or (c) cooperate in the commission of the offense by another act without which it would not have been accomplished. Accomplices are persons who, while not acting as a principal, cooperate in the execution of the offense by previous or simultaneous acts. Lastly, accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission by: (a) profiting themselves or assisting the offender to profit by the effects of the crime, (b) concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery, or (c) harboring, concealing, or assisting in the escape of the principals of the crime. Principals are punished more severely than accomplices, who are punished more severely than accessories. However, when there is conspiracy, there will no longer be a distinction as to whether a person acted as a principal, accomplice or accessory, because when there is conspiracy, the criminal liability of all will be the same, because the act of one is the act of all. Special Penal Laws[edit] Apart from the crimes penalized in the Revised Penal Code, several other pieces of criminal legislation have been passed, penalizing acts such as illegal possession and trafficking of dangerous drugs, money laundering, and illegal possession of firearms. These laws are called Special Penal Laws and they form part of Philippine Criminal Laws. There are certain differences between crimes punished under the Revised Penal Code and Special Penal Laws. Violations of the crimes listed in the Revised Penal Code are referred to as mala in se, which literally means, that the act is inherently evil or bad or wrongful in itself. On the other hand, violations of Special Penal Laws are generally referred to as malumprohibitum or an act that is wrong because it is prohibited. Thus, no criminal intent is needed in order to find a person liable for crimes punished under Special Penal Laws. As long as the act is committed, then it is punishable as a crime under law. Note, however, that not all violations of Special Penal Laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. There are some important distinctions between crimes punishable under the Revised Penal Code and Special Penal Laws. One of them is that in crimes punished under the Revised Penal Code, the moral trait of the offender is considered. This is why liability would only arise when there is criminal intent or negligence in the commission of the punishable act. In crimes punished under Special Penal Laws, the moral trait of the offender is not considered; it is enough that the prohibited act was voluntarily done. References[edit] 1. Republic Act No. 386, the Civil Code of the Philippines (1949). 2. Act No. 3815, the Revised Penal Code of the Philippines (1930). 3. The 1987 Constitution of the Republic of the Philippines. 4. Luis B. Reyes, The Revised Penal Code: Criminal Law 20 (1998, 14th ed.). 5. Antonio L. Gregorio, Fundamentals of Criminal Law Review 50-51 (1997). Categories: Criminal codes
A A A Lea en espaol Crime Classifications and Definitions Each year, the FBI publishes crime statistics in its Uniform Crime Reporting program. The reports provide not only helpful statistics but also crime classifications and definitions. UCR categorizes serious crimes as Part I offenses and less serious crimes as Part II offenses. PART I OFFENSES Personal/Violent Crimes Aggravated assault: Unlawfully attacking another person to inflict severe or aggravated bodily injury, usually accompanied by the use of a weapon or by other means likely to produce death or grave bodily harm. Attempted aggravated assault that involves the use or threat of use of a gun, knife or other weapon is included in this crime category because serious personal injury likely would result. Forcible rape: The carnal knowledge of a female forcibly and against her will. UCR includes assaults and attempts to commit rape by force or threat of force but excludes statutory rape (without force) and other sex offenses. UCR collects data only on the rape of women. Murder: Killing a human in a willful and non-negligent manner. Robbery: Taking or attempting to take anything of value from a person by force or threat of force or violence. Property Crimes Arson: Willfully or maliciously burning or attempting to burn, with or without intent to defraud, a house, public building, motor vehicle, aircraft or personal property. Burglary: Unlawfully entering a structure to commit a felony or theft. Forcible entry need not have occurred. Larceny-theft: Unlawfully taking property from another (e.g., stealing a bicycle, stealing automobile parts, shoplifting, pickpocketing) without force, violence or fraud. Attempted larcenies are included. Motor vehicle theft: The theft or attempted theft of a motor vehicle. PART II OFFENSES Curfew violation/loitering: Curfew violation sometime is classified as a status offense (one only juveniles can commit). Loitering involves spending an excessive amount of time in a particular location without being able to justify ones presence when questioned by authorities. Loitering frequently occurs in conjunction with curfewviolations. Disorderly conduct: Acting in a manner potentially threatening to oneself or to other people. Disorderly conduct laws sometimes overlap with public drunkenness laws. Driving under the influence: Operating a motor vehicle while under the influence of alcohol or narcotics. Each state sets an acceptable blood-alcohol level for drivers. Drug law violations: Violating any local, state or federal drug law that prohibits the possession or sale of specific drugs or drug paraphernalia. Embezzlement: Misappropriating money or property by a person entrusted with it for personal use and benefit. Forgery and counterfeiting: Forgery involves creating or altering a written document in such a way that another persons rights are compromised. Counterfeiting occurs when a person copies or imitates an item without authorization and passes off the copy as the genuine or original thing. While counterfeiting is most often associated with money, it also can be applied to designer clothing and accessories. Fraud: The intentional deception by one party in order to wrongfully obtain possession or control of money, goods or specific rights belonging to an innocent party. Gambling: Violating any local, state or federal law that prohibits gambling. Liquor-law violations: Selling alcohol without a valid liquor-serving license or failing to check the identification of all people seeking to purchase alcohol on a premises. Offenses against the family (e.g., nonsupport): The failure of one or both parents to provide for their children. Prostitution and related offenses: Offering to exchange sexual favors for money, drugs or other goods or providing such favors. Public drunkenness: Being inebriated in public for an extended period of time. Blood-alcohol levels are set forth to govern such violations in each state. Laws also dictate when and where people may carry around alcohol in open containers. Runaways: States usually classify running away from home as a status offense that can be committed only by juveniles. The Justice Departments Amber Alert program seeks to help communities start searches for children when there is any suspicion they are in danger and have not left home voluntarily. Sex offenses (e.g., statutory rape): An adult having sex with a child or teen who cannot legally consent to the act. Simple assault: Attempting to inflict physical harm on another person when that person is aware. Assault can be both a criminal and civil wrong, redressed by either criminal punishment or damages. Battery has generally been defined as the unlawful touching of another person. However, many jurisdictions no longer observe this distinction. Stolen property (mishandling of): Selling or purchasing goods stolen from another person or entity. Vandalism: Damaging or defacing public or private property without permission. Weapons (e.g., unlawful carrying of): Carrying a concealed weapon without the proper license or permit; fraudulently obtaining a gun, license or ammunition; or possessing a type of gun or assault weapon that the public is not authorized to own, carry or use. Vagrancy: Failing to maintain a verifiable mailing address and spending excessive time wandering around in public. NEW OR NOTABLE CRIMES Corporate/white-collar crimes: Under a legal theory called the Identification Doctrine, corporations can be convicted as legal entities under various criminal laws. In an effort to further combat this type of fraud, President Bush signed the Sarbanes-Oxley Act of 2002 into law. The act created penalties for those trying to practice accounting fraud. Hate crimes: Committing a crime against a person because of that persons race, religion, ethnicity, sexual orientation or other personal characteristics. The FBI publishes statistics each year about hate crimes. Identity theft: Unlawfully using a persons identifying information (e.g., Social Security number, drivers license information, credit card number) to obtain financial gain. In May 2006, President Bush signed Executive Order 13,402 into law, authorizing the use of federal resources to combat this growing crime. Organized crime: Organized crime today frequently involves homegrown street gangs, but the Colombian drug-trafficking cartels continue to smuggle large quantities of drugs into the U.S. Many of these types of groups are also involved in importing undocumented immigrants into the U.S. Terrorism: Using or threatening to use violence against civilians to achieve political or ideological goals. More information about the crimes referenced above can be found at the Justice Departments. Find an Criminal Law - General Attorney, Lawyer, or Law Firm in your area: Location (city,state or zip)
Top 10 Modus Operandi of the Most Common Crimes in Manila (and Other areas in the Philippines) Last Updated on Wednesday, 03 August 2011 09:13 | Courtesy of Spot.ph Crime doesnt pay and neither should you, not with your hard-earned cash, gadgets, credit cards, and even your life. Awareness is key to everything so brush up on the Modus Operandi (M.O.s) of the old-timers and newbies in the world of fast cash cons in the country. 1. Sneaky Office Intruders Scene of the crime: Thieves prey on workplaces with little or no security, usually during lunch hour or the afternoon break when employees leave their desks. Plan of attack: Taking advantage of offices downtime, these intruders sneakily work their way in. They may take on different disguises like posing as an employees friend, visitor, or as a messenger--complete with a Visitors ID. They target valuables like mobile phones, cash, laptops and credit cards. Saksi reported in April 2009 how a woman was caught on camera stealing the wallet of Sandy Wong, an employee of a review center in Quezon City. The suspect slipped inside the office and stole the wallet containing cash and seven credit cards. By the time Wong reported the credit cards missing, four of them had already been used. Over P50,000 was charged to her. When the suspect tried to buy a laptop worth P23,000, the store tipped off Wong, and the police arrested a certain Liza Garcia. Upon reviewing the CCTV footage, it was found that Garcia was not the same woman seen inside Wongs office. Defense mechanism: Unless your office has implemented extremely tight security measures, it may be wise to bring your valuables in a small bag wherever you go, or lock them up somewhere thief-proof. Definitely a hassle but its a lesser struggle compared to slaving away to pay fo someone elses shopping splurge. If an intruder has already hit your workplace, report the incident immediately. File charges if security catches him or her. 2. ATM (Automated Teller Machine) Scams Scene of the crime: Usually in the vicinity of ATMs, where scammers try all sorts of things to make a quick buck at the cost of unsuspecting card owners. Plan of attack: ATM scammers have become more technology-savvy through the years. For instance, in 2007, they used magnetic rulers to trap money, surveillance cameras and external keypads to get PINs, and scheme machines to read ATM card information. In 2008, they used a detachable aluminum contraption and some sort of paste to trap money. In 2009, police discovered a new kind of scam, the ATM card switching. 24 Oras explained how the M.O. works: If you have just withdrawn money from an ATM, a scammer may approach you and tell you that you left a P500 bill behind. He or she will suggest that you check your ATM balance. As you do so, the scammer will sneakily memorize your PIN and drop a P500 bill on the ground. When you pick it up--as you are most probably inclined to do--the scammer will swipe your card and replace it with a fake one. Defense mechanism: In the 24 Oras report, the public is advised to lock ATM booth doors when they are inside, bring someone along when withdrawing money, cover the keypad when typing the PIN, and move to another ATM when there are suspicious people around, among others. 3. The Zesto Gang Scene of the crime: Not as visible anymore as they were years ago, the Zesto Gang members scam bus passengers through quick tactics of distraction, confusion and intimidation. Named after the eponymous juice packs, the gang sometimes doesnt even sell actual Zesto juice packs. Plan of attack: A Zesto Gang member comes up to you in a bus, with bills of cash folded lengthwise and wound around the fingers by denomination in typical bus conductor style, and nonchalantly asks, "Ilan?" ("How many?") Thinking he or she is the bus conductor, you say how many people youd like to pay the fares of, not knowing that the scammer is supposedly actually asking how many juice packs youd like to buy. After getting your money, the gang member magically produces juice packs from out of nowhere, swiftly pokes straws in them and shoves them in front of you. And even if you doth protest to say, "But I thought..." or "Thats not what I...," you will curtly be told, too late, "Naitusokkona eh," meaning they can no longer be sold, thanks to your (purported) hearing deficiency, and so rather than make a fuss or argue, you just sip in meek silence. Even more appalling? Scammers jack up the price of the juice pack to as much as ten times the actual price. Defense mechanism: You might try feigning sleep like FHM Managing Editor Allan Hernandez does. Seriously, check out loud if the person asking for your money is indeed the conductor replete with the requisite ID, bus tickets, and uniform, the top of which can range from a short-sleeved polo to a casual polo shirt with an embroidered bus logo (but beware, this too, can be faked). Look behind him or her for a mysterious pail or bag of juice packs! 4. Airport Ambush Scene of the crime: Car thieves trail you from the airport and repeatedly attack your car until you are forced to give it up. Based on the reported incidents this year, this scheme is usually executed before dawn. Plan of attack: Carnapping suspects are believed to pick victims among passengers seen at the airport terminal before dawn, according to Inquirer.net. Once their chosen passengers are on the road, they repeatedly bump the rear portion of their victims vehicle, forcing them to stop. If they dont, the carnappers speed up to the front of the victims vehicle and cut off their way. The carnappers dont pick a particularly secluded area probably because the pre-dawn darkness gives them privacy. For instance, it was on C-5 Road in Pasig City where four men hijacked the van of Jorge Bernas, former Pres. Gloria Macapagal-Arroyos son-in-law, with his family onboard in June. About a month later, an American national and his Filipina wife and stepson were attacked at the intersection of EDSA and Shaw Boulevard. Unlike the family of private individuals that survived the EDSA incident relatively unscathed, Bernas was shot twice in the stomach and once on the left arm. It was reportedly because he resisted the armed men and shouted for help. Defense mechanism: The Philippine Star columnist Cecile Van Straten (a.k.a. blogger Chuvaness) suggests "booking a flight that doesnt arrive in the early hours of the morning," "avoiding C-5 and Shaw Boulevard especially at odd hours," and "locking your doors at all times (and stepping) on the gas... if somebody bumps your car," among others. This is also applicable to other major highways in the country. 5. Test Drive Threat Scene of the crime: Carnappers pose as buyers who will test drive the car youre selling--and later steal it at gunpoint. Plan of attack: Faux buyers respond to your "car for sale" ad and ask for a test drive. So, of course, you accompany them. Later, they drive the car to a secluded area where they force you out at gunpoint. Talk about sellers remorse. Defense mechanism: To avoid this carnapping trap, its best to let a seasoned used car dealer handle the sale, says Top Gear associate features editorDinzoTabamo. If you want to sell the vehicle yourself, Tabamo suggests you dictate the test driving route and bring along one or two companions. If the "buyers" balk at this, then you should refuse to let them take your car for a ride. We also suggest discreetly taking photos of all potential buyers before you go on a test drive. This way, if they turn out to be thieves, youd have something the police could use to hunt them down. 6. Condo Criminals Scene of the crime: Condominiums, apartment buildings, and townhouse compounds, according to 24 Oras. Plan of attack: Thieves invade units that are left unlocked or simply break into random units. Once inside, they ransack the place for valuables. To top it all off, some thieves also vandalize the units they invade. Defense mechanism: Lock the door even when youre inside the condo unit. Add a chain lock (this one, if you dare). Ask the landlord to beef up the security or at least make sure the guards arent sleeping on the job. 7. Backstage Burglars Scene of the crime: During a show or event, crooks sneak into the area behind the stage or inside the dressing rooms, where the commotion provides great cover for their criminal activities. Plan of attack: Thieves can easily pose as aides, assistants, yayas or utility personnel and blend in with the crowd. They can pick up, say, a laptop, a wallet, or a designer bag and quickly run, or even casually and nonchalantly walk off with it without anyone knowing or minding. Defense mechanism: If youre part of a show, event or function, designate someone to watch over your belongings at all times or designate a locked room or office as a holding room for your belongings. Notify the authorities if you notice any suspicious- looking people sneaking around, although thieves do have a knack for blending in. 8. Salisi Gang Scene of the crime: Salisi Gang members lurk anywhere where there are people--malls, restaurants, fastfood joints, computer shops, bars, and clubs--and are just waiting for you to get distracted. Even the most tony hangouts of the elite are not exempt from these chameleons who have mastered the art of blending in and the art of distraction. Plan of attack: Just because the person next to you is dressed well or "looks normal," it doesnt mean he or she has no criminal intentions. The gang members either divert their victims attention or wait until their targets are distracted before they move in for the kill. In a video that was supposedly shot in a major fastfood chain, a trio successfully steals a handbag from a nearby table (pay attention to the woman on the left). The bag owner realizes what has happened a few seconds too late. The CCTV footage shot one night at a hip lounge in The Fort revealed a pack of attractive, fashionable young women working as a group but sitting at separate tables and ordering drinks like the other patrons. Each woman would flit about from table to table. At the end of their covert operation, the footage showed that one of them had filched a total of five evening clutches from various customers! Defense mechanism: Constant vigilance! Keep your bag on your lap (not behind you on your seat) and be cautious about leaving it on another chair, and keep an eye on it at all times. Bring a bag hook so your bag is kept under the table. Dont casually leave your cellphone, laptop or camera on the table where it can easily be grabbed in a split-second. Take precautions especially when out at night. Thieves are only too happy to see inebriated women in clubs dancing with wild abandon, unmindful of their evening bags, phones and cameras exposed on cocktail tables, ready for the taking. Wear a wrist-strap clutch instead and keep all your belongings in it. 9. Dugo-Dugo Gang Scene of the crime: This group robs affluent homes by tricking unsuspecting house helpers into helping them get to the homeowners cash and valuables stash. Plan of attack: Remember that PLDT caller I.D. commercial? Thats basically how the Dugo-Dugo Gang operates. After casing a household, the gang members wait for the opportune moment when only the helper is in the house. The scammers call and pretend that a family member has been hurt and needs money for a surgery or medical procedure of some sort. Then they pressure the helper into forcing open the family safe, locked drawers, and the like to get cash and other valuables. The helper is then told to turn over the loot to the gang members. Defense mechanism: Tell helpers and everyone in the house about this scam. To find out if they actually remembered what you said, pretend to be a Dugo-Dugo Gang member and make them go through a drill. Take it a step further by rewarding those that keep their wits about them. 10. Budol-Budol Gang Scene of the crime: The Budol-Budol Gang can strike anywhere using their alleged powers of hypnotism and "boodle" or counterfeit money--hence the name--that turn out to be just sheets of paper. Interestingly, Google Translate says "budol" means "gullible person." Plan of attack: Their M.O. may have evolved over the years but heres their basic tactic: They lure or blackmail their victims into giving them valuables or cash in exchange for a bag filled with fake bills or products. In one reported instance in 2008, two suspected Budol-Budol Gang members managed to get a cellphone, a Walkman, and P2,000 from an unidentified 16-year-old girl in Cebu. The male and female suspects claimed they were looking for a vehicle to transport their things. Before they went to search for a vehicle, they asked the girl to hold on to a bag supposedly filled with money. In return, they got the girl to give them her valuables as a sort of safety deposit. It wasnt long before the girl discovered the bag contained only fake bills. In 2005, a victim identified only as Marie claimed some Budol-Budol Gang members hypnotized her into giving them her money, jewelry, and mobile phones. She said she did not remember much after a man allegedly engaged her in small talk while she was walking along Ortigas Avenue. All she could recall was getting inside a certain van, drinking a glass of water, and handing over two years worth of savings of her seaman husband. All that in exchange for a black bag stuffed with sheets of paper. Defense mechanism: First of all, bear in mind one of the first things everyone learns as a kid: Dont talk to strangers. Of course, that cant be helped sometimes so remember another basic rule: Dont accept candy from strangers. In this case, if strangers are giving you something as "sweet" as a bagful of cash, you better refuse. If youre afraid of being hypnotized, find out how the controversial phenomenon supposedly works to avoid succumbing to it. Category: Crime Prevention Tips
Prime Minister Stephen Harperto Increase Penalties For Sexually Exploiting Children Crimes, Except Royal Canadian Mounted Police Officers Charged With Such Stuff!!