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SOCIOLOGY OF LAW
Sociology of Law is one of the principal divisions of criminology. It is an attempt at
scientific analysis of conditions under which criminal laws develop as a consequence of
a behavior of mankind for the good and welfare of the state, and of the maintenance of
peace and order and tranquility among citizens and any person sojourning therein.
The present penal code commonly known as Revised Penal Code, enacted in
December 1930, is a mere retouching of the Spanish Penal Code of 1890, which in turn
was based on the early Spanish Penal Code of 1843. It is thus seen that the present
penal code is at least 100 years old. As compared to the Spanish Penal Code of 1930, it
has undergone important changes of orientation or structure.
The main criterion of the present penal code is that the basis of criminal liability is
human free will and the purpose of penalty is retribution. To the classicist, and specially
the framers of the Spanish Penal Code of 1870, man is essentially a moral creature with
absolutely having a free will to choose between good and evil. They assert that man
should only be adjudged and held accountable for wrongful acts so long as freewill
appears unimpaired. In working out this this theory; the Peal Code of 1870 placed more
stress upon the effects or results of the felonious acts rather than upon the man-criminal
himself, and endeavored to establish a mechanical and direct proportion between crime
and penalty. However, eventually, the classical method of considering the offender as an
abstract being, and of prefixing for him, through a series of hard and fast rules, a great
multitude of penalties with scant regard to the human element found stubborn and severe
critics in the persons of Dr. Cesare Lombroso and Professor Rafael Garofalo and Enrico
Ferri, who were the forerunners and founders of the positivist school of criminology.
The new system of thought radically deviates from the classical school in the
connection of crime and of the criminal. To the positivist, freewill is a myth, a figment the
imagination or at least a debatable matter. The positivist hold that man is subdued
occasionally by a strange and morbid phenomenon which constrains him to do wrong in
spite of or contrary to his volition. It is for this reason that the central idea of this thinking
is the defense of the community from antisocial activities, whether actual or potential,
against the morbid types of man who is called a “socially dangerous person”. To forestall
the social danger and to achieve social defense, the positivist philosophy has thus chosen
a different path. Premised upon the proposition that man is primary, while the deed is only
secondary, the new school takes the view that crime is essentially a social and a natural
phenomenon and as such, it cannot be treated and checked by the application od
abstract principles of ;aw and jurisprudence nor by the imposition of a punishment fixed
and determined a priori; rather, through the enforcement of individual measures in each
particular case after a thorough, personal and individual investigation conducted by a
competent body od psychiatrists and social scientists.
On the other hand, to look upon each antisocial act as the pure and simple
manifestation of an influence or force which is entirely independent from human freewill,
and to make the penal sanction rest upon no other consideration than the rightful
character of dangerousness of the subject would create the absurdity of discarding every
vestige of ethics in determining the innocence or guilt of an accused and of entrusting the
administration of criminal justice to social scientists rather than to trained and professional
jurists.
After a deliberate and carful study of the vast field of criminal science, the
Commission came to the conclusion that no particular school of thought or theory could
claim perfection and monopoly of the true and rightful approach toward the administration
of criminal justice. To adhere entirely to the idea of moral balance and retribution; to
assess retribution by means of mechanical balance, attempting to measure beforehand
the punishment or repression in terms of years, months and days, and to lay stress upon
the act rather than upon the actor, as is done by the classical penal code of 1870, and
the existing Revised Penal Code of 1870, and the existing penal code would make one
play the role od physician who claims to be able to cure all ills with a stereotyped
prescriptions , without regard to the peculiar and personal conditions of the patients.
Whatever the validity or force there may be in the theory of morbid influence upon
a human being, it is undisputed that there is such a thing as justice as the base of man’s
conscience which demands that evil be condemned and good be rewarded.
1. Detect crime
2. Locate and identify suspects in crime
3. Locate, document, and preserve evidence in crime.
4. Arrest suspects in crime
5. Recover stolen property
6. Prepare sound criminal cases for prosecution
3. Concluding Investigation
In every phase of investigation a terminal point should always be reached. After the entire
extensive, complicated and vigorous search for justice where the investigator is directly
involved comes the laying of conclusions. A time to see whether case be suspended for
insufficient evidence, dismissal of case due to inadmissible evidence or a case which will
lead to a successfully concluded and prepared for prosecution. Thus, all of these efforts
are included in Concluding Investigation that is the last phase of Criminal Investigation.
Definition of terms
❖ Police
- The agency of the community or government that is responsible for enforcing
the law, maintaining public order and preventing and detecting crimes.
- The act of maintain discipline or ensuring that the rules must be observed.
(Encarta Word English Dictionary)
- It is the organization of armed men which is actually an institution that is
capable of exercising legally mandated duties to enforce the law, maintain
public order, and detect or prevent crimes.
❖ Organization
- A group of individuals working towards the fulfillment of common goals and
objectives.
- It is the structure of individual and functions into a productive relationship.
- An association of human beings to obtain a specific goal or objective.
❖ POLICE ORGANIZATION
- A number of police units systematically arranged for some purpose or objective.
- A structured group of highly trained personnel dealt with achieving the following
goals and objectives
Goals:
1. To protect lives and properties
2. To ensure public safety
3. To maintain peace and order
Objectives
1. To attain effectiveness in the enforcement of law and efficiency of law enforcers.
2. To attain low crime volume and crime rate.
3. To attain a maximum degree of solution and criminal conviction of law violators.
4. to attain a maximum degree in the protection of lives and properties.
❖ Administration
- The determination of objectives and major policies of an organization.
❖ Police Administration
- An organizational process concerned with the implementation of the objectives
and plans, and internal operating efficiency of the police organization. (Timpac,
2013)
- Otherwise known as police in action; the cooperative human effort to achieve
the purposes of the Criminal Justice System.
- It also refers to the study of processes and conditions on law enforcement as
a pillar of the Criminal Justice System.
What are the different laws concerning the creation of the PNP?
✓ PD 765
The Integrated National Police was established and constituted, composed of the
Philippine Constabulary as the nucleus and the Integrated Police Force as components
under the Department of National Defense.
✓ R.A. 6975
- RA 6975 is otherwise known as DILG Act of 1990.
- It was signed into law on December 13,1990.
- It paved the way for the creation of the following agencies: Philippine National
Police (PNP), Bureau of Fire Protection (BFP), Bureau of Jail Management and
Penology (BJMP), and Philippine Public Safety College (PPSC).
✓ RA 8551
- The PNP Reform and Reorganization Act of 1998.
- It was signed into law on February 25, 1998
- It provides for the reorganization of the Philippine National Police (PNP) which
is national in scope and civilian in character.
CHAPTER VI
The Criminal Justice System (CJS) is the machinery which society uses in the
prevention and control of crime. The process is the totality of the activities of law
enforcers, prosecutors, defense lawyers, judges and corrections personnel, as well as
those of the mobilized community in crime prevention and control.
Law Enforcement
Prosecution
Courts
Corrections
Mobilized Community
The first four pillars, i.e., law enforcement, prosecution, courts, and corrections,
pertain to the traditional agencies vested with the official responsibility in dealing with
crime or in crime control. The community pillar is the most broad-based. Under the
concept of a participative criminal justice system in the Philippines, public and private
agencies, as well as citizens, become a part of the CJS when they become involved in
issues and participate in activities related to crime prevention and control.
PILLARS OF THE CRIMINAL JUSTICE SYTEM
2. Prosecution Pillar
- It is the process whereby accusations are brought before the court of justice.
-The second pillar takes care of the investigation of the complaint. In the rural
areas, the PNP may file the complaint with the inferior courts (i.e. the Municipal Trial
Courts or the Municipal Circuit Trial Courts). The judges of these inferior courts act as
quasi-prosecutors only for the purpose of the preliminary investigation. Once a prima
facie case has been determined, the complaint is forwarded to the City or Provincial
Prosecutor’s Office which will review the case. When the complaint has been approved
for filing with the Regional Trial Court, a warrant of arrest for the accused will be issued
by the court once the information has been filled.
The third pillar of the CJS is the forum where the prosecution is given the opportunity to
prove that there is a strong evidence of guilt against the accused. It is also in the courts
that the accused is given his “day in court” to disprove the accusation against him.
If there is any reasonable doubt that the accused committed the crime, he has to
be acquitted.
The Rules of Court, however, provides that the accused can be convicted of a
lesser crime than the crime he has been charged with in the information. But the elements
of the lesser offense should be necessarily included in the offense charged, and such
lesser crime was proven by competent evidence.
4. Corrections Pillar (Weakest Pillar)
The fourth pillar takes over once the accused, after having been found guilty, is
meted out the penalty for the crime he committed. He can apply for probation or he
could be turned over to a non-institutional or institutional agency or facility for custodial
treatment and rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentence.
When the penalty is imprisonment, the sentence is carried out either in the
municipal, provincial or national penitentiary depending on the length of the sentence
meted out.
Rehabilitation takes place when the convict is serving his sentence. A convict
may be paroled or may even be placed on probation.
Thus, citizen-based crime prevention groups become part of the CJS within the
framework of their involvement in crime prevention activities and in the reintegration of
the convict who shall be released from the corrections pillar into the mainstream of
society.
You should be concerned about the CJS because it affects your life, your work,
your activities and, in general, your pattern of behavior and relationship in the
community.
This is why the community pillar is also the base of the entire CJS as there will
never be criminal cases, in the first place, if the community is healthy and law-abiding.
But for the few who may have gone astray, they should be reintegrated into the
community once they are released from the penitentiary and should be helped to
become law-abiding members of the community.