Reviewer To Introduction Criminology

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INTRO TO CRIM. Etymology of Criminology Criminology- study of crime. Derived from Latin Crimen means accusation. Transliterated Greek Logia which has come to denot the Study of. - study of crime and criminals, especially their behavior; scientific study and investigation of crime and criminals. Raffaele Garofalo- coined term criminology Paul Topinard- used French(criminologie) - introduces language

criminology term

first

criminologish

time

in

Prof. Cirilo Tradio- body of knowledge regarding crimes as social phenomenon.

Scope of Criminology covers: Making laws, Breaking of laws, reaction towards breaking of laws. - scientific of crime as an individual and social phenomenon - Criminology is an interdisciplinary field of behavioral sciences  Marvin Wolfgang and Franco Ferracuti- Criminology is the scientific study of crime, criminals, and criminal behavior - Criminology scientifically study: NPEC

in english

 Nature and Extent of Crime  Patterns of Criminality  Explanations on the causes of crime and criminals behavior

Development of Criminology Beginning of 18th Century/ Era of Classical Criminology

 The control of crime and criminal behavior

- first distinguished crime from sin. They made explanations of criminal behavior that were not theological. - primarily concerned with the ending brutality and inequality against criminals by enforcing limitations on government power. - criminology behavior was product of offender’s rational choice and crime could be prevented through speedy and certain application of penalties that attached painful and unattractive consequence to such behavior.

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Gennaro F Vito and Ronald Holmes- Criminology is the study og causes of crime.

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Elliot- Crim. As scientific study of crime and its treatment.

- emphasizing the scientific investigation into the nature and etiology of crime

Beginning of 19th Century/ Modern Criminology - criminology is a sub speciality w/in the societies and founded criminology journals. - criminologist conducted empirical test of their theories rather than relying on population and consequently developed a wide range of theories. - why crime occurred.

Second half of 20th Century/ Independent Criminology -Criminology began to assert from the traditional discipline that spawned it.

 D.R. Taft- Crim. Includes all the subj. Matter necessary to understanding and prevention of crime together with punishment and treatment of delinquents and criminals. - Crim. Is concerned not with the offenses committed by adults only but also deal with juvenile offenses.

 Gregg Barak- Criminology is an interdisciplinary study of various body of knowledge, which focuses on the etiology of crime, behavior of criminals, policies and practices of crime content.

- A numbers of university developed graduate programs in Criminology - tend/seek to understand crime itself rather than study of crime as one aspect of an overall sociological or psychological theory. - Contemporary scholars believe that criminal motivation is the product of one or more complex set of factors.

 Webster Dictionary- Criminology as the scientific study of crime as social phenomenon, or of criminals and their mental traits, habits or discipline.

 European Society of Criminology- Criminology as scholarly, scientific, and professional knowledge concerning the explanation , prevention, control and treatment of Criminal delinquency, offenders and victim.

Theories considered in one of the three categories: 1. Theories attributing criminal behavior to biological or congenital defects of the offender 2. Theories relating crime to psychological factors or mental disorder, and

Definition of Terms 1. Applied Criminologyclassifications….

art of creating typologies,

3. Theories relating crime to environment or social factors.

2. Theoretical Criminology- subfield of general criminology most often found in universities and colleges.

Criminology Definition

3. Constitutional Approach- approach to explaining criminal behavior is influenced by structure or physical characteristics of persons body.

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Edwin Sutherland- Criminology is the body of knowledge regarding social problem of crime.

- criminology is science regarding delinquency as social phenomenon. - Dean of Modern Criminology

crime

and

4. Criminologist- who studies criminology. Term recorded from 1857. who trained in field of criminology. 5. Criminalist- who reconstruct crime scene or works with crime scene evidence for forensic purposes. 6. Dualistic Fallacy- assumption that there is distinct difference between 2 groups: criminals and noncriminals.

7. Criminalitybehavioral predisposition disproportionately favors criminal activity

that

gathered and evaluated independent of any particular ideational framework

8. Criminal Justice- scientific study of crime, criminal law and components of criminal justice system.

Second Era: Golden Age of Theory- intellectual theorizing dominated the scene. No systematic attempt to link criminological research to theory.

9. Criminal Justice System- agencies of justice whose goal is to apprehend, convict, punish, and rehabilitate law violators. 10. Experimental Criminology- form of contemporary criminology that makes use of rigorous social scientific techniques.

Third Era: Age of Extensive Theory Testing- testing dominant theories using largely empirical methods. Scientific examination of criminological theories that had been previously advanced.

Explaining Scope of Theory Goals of Studying criminology- to describe, understand, predict, and control criminal behavior.

1. General Theory- attempts to explain all form of criminal conduct through single overarching approach. 2. Unicasual Theory- posits only one source

Nature of Criminology 1. Applied Science- in study of causes of crimes, anthropology, psychology and other natural science. In crime detection-chemistry, medicine, physics may be utilized. 2. Social Science- social creation that exists in a society being as a social phenomenon. 3. Dynamic- criminology changes as social condition changes. It is concomitant with advancement of other science that has been applied. 4. Nationalistic- study of crime must be in relation to existing criminal law w/in territory or country.

Principal Divisions of Criminology by Edwin Sutherland 1. Sociology of Law(Making of Law)- attempts to offer scientific analysis of conditions under which criminal laws are developed as process of formal social control. 2. Criminal Etiology(Breaking of law)- attempts to provide analysis of causes of crime. 3. Penology(Reacting toward the breaking of law)concerned with control and prevention crime and treatment of youth offenders

Components of Criminology by Clarence Ray JefferyDetection, treatment and explanation of crime and criminal behavior

Theory- an explanation, attempt to relate two or more variables. Can be either incorrect or at least questioned. - series of interrelated propositions that attempt to describe, explain, predict and control class of events.

Attributes of Theory 1. Theory Construction- something known with something unknown 2. Theory Building- efforts to come up with formal, systematic, logical and mathematical ways. 3. Theoretical Integration- efforts to come up with grand 4. Theoretical Specification- efforts to figure out details of theory, how variables work together 5. Theoretical Elaboration- efforts to figure out implications of theory 6. Variables- building blocks of theories; things that vary 7. Hypothesis- explanation that accounts for a set of facts

Eras of Criminological Theory First Era: Golden Age of Research- data were largely

3. Integrated Theory- provides explanatory perspective that merges concepts drawn from diff. Sources. Contrast to General Theory.

Crime- an act or omission punishable by law Types/Categories of Crime 1. Felony- act punishable by revised penal code of Phil. 2. Offense- act punishable by special penal law 3. Misdemeanor/ Delinquency- violation of simple rules and rugalations.

Elements of Crime- Intent, Freedom, Intelligence

Victimology- scientific study of victimization including relationship between victims and offenders and interaction between victim and cjs. - meaning rooted in idea of sacrifice or scapegoat(the execution or casting out of a person/animal to satisfy a deity) Mendelson, Von Hentig, and Wolfgang- defines victims as hapless dupes who instigated their own victimization Feminists- victims as anyone caught up in an asymmetric relationship Asymmetry- unbalanced, exploitative, parasitical Victims- any person who experiences injury, loss/ hardship due to any cause. - who suffered injury and harm by forces beyond his or her control. Crime Victim- who suffered injury or loss due to illegal activity. - suffered as a result of commission of crime Benjamin Mendelson- father of Victimology. Coined term 1940. - interviewed victims to obtain info - coined victimal(the victim counterpart of criminal and word) Von Hentig- studied victims of homicide and formed type of victim.

 Victims became the forgotten process of CJS while criminal is the celebrity.  Victim only valued for their capacity to report crimes and appear in court and witnesses.  New Victimologists study the behavior and vulnerabilities of victims

Typologies of Criminal Victim General Classes by Hans Von Hentig  Young- weak by virtue and immaturity  Female- less physically powerful and easily dominated by men  Old- incapable of physical defense

4. Victim Precipitation Theoryconfrontation that leads to injury

people

initiate

a. Active- use threat/ fighting words b. Passive- personal conflict

5. Lifestyle Theory- crime is not random occurrence

 Mentally Defective- unable to think clearly  Immigrant- unsure of rules.  Minorities- unequal treatment by agency/ justice

Psychological Types

6. Deviant Place Theory- victim prone bec. Reside in high-crime areas.

Victim Defense- cases of parricide and homicide of batterers

 Depressed- submissive person by virtue of emotional condition

Emotional Distress- result of crime of recurring theme for all victims of crime

 Greedy- want more than what is sufficient

PTSD(Post Traumatic Stress Disorder)

 Old- incapable of Physical defense  Wanton/ Overly Sensual- wanting affection

Post Crime Distress also linked to pre-existing emotional problems and socio-demoraphic variables. Leading cause of elderly to be more adversely affected.

 Heartbroken- disturbed by virtue of heartaches/pain  Tormented- who asked for it, often from friends/ family

Other type by Mendelson  Complete Innocent Victims- an ideal form of popular perception in this category  Victims w/ only minor guilt and those victimize due to ignorance  Victim who is Guiltier than the Offender- containing person who provoked criminal/ induced victimization  Most Guilty Victim who is guilt alone- an attacker killed would be a victim in act of defending themselves  Imaginary Victim- suffering from mental disorder

Penal Couple- describes the relationship between victim and criminal Victimicity- signified opposite of criminality Loser- initially attacker but later, situation is reversed Theories and Victimology 1. Luckenbill’s Situated Transaction Model- commonly found in sociology of deviance textbooks. Interpersonal level, crime and victimization. a. Insult b. Clarification c. Retaliation d. Counter Retaliation e. Presence of Weapon f. Onlooker

2. Benjamin and Master’s Threefold Model- from prison riots to strain theories.

Models of Victimization 1. Victim of Crime Model (Man-made cause)- homicide, rape and others. Stages: a. Stage of Impact and Disorganizationdepicts attitude or activity of a victim b. Stage of Recoil- during w/c the victims formulates psychological defenses and deals w/ conflicting emotions of guilt, anger, acceptance and desire of revenge(last 3 to 8 mos.) c. Reorganization Stage- occurs during w/c the victim put his/her life back to normal daily living 2. Victim of Disaster Model (Natural Cause)- applicable to victims of natural causes like earthquakes, flood, volcanic eruption, etc. Stages: a. Pre-impact Stage- state of victim prior to being victimized b. Impact Stage- the phase in w/c victimization occurs. c. Post-Impact Stage- entails the degree and duration of the personal and social disorganization ff. Victimization. d. Behavioral Outcome- describes victim’s adjustment to the victimization experience

a. Precipitating Factors- wrong place, wrong time b. Attracting Factors- choices, options, lifestyles

Kinds of Crime Victim

c. Predisposing Factors- sociodemographic characteristics

1. Direct or Primarily Crime Victim- victim directly suffers the harm or injury which is physical, psychological and economic losses.

3. Lawrence and Marcus Felson’s Routine Activities Theory- anxious to test theory.

2. Indirect or Secondary Crime Victim- ex. Rape victim or children of battered woman

a. Suitable targets- poverty

3. Tertiary Crime Victim- who experience harm vicariously such as through media accounts.

b. Motivated Offenders c. Absence of Guardians- few defensible spaces and absence of private securities

Etiology- refers to cause, set of causes, manner of causation od disease/ condition, investigation or attribution of the cause or reason for something

Etiology on Crime Etiology- analyzes and studies causal links between circumstances and diff. Factors of criminality. - studies and research of causes and circumstances that deal w/ all criminal behavior and other phenomena in society. Criminal Etiology- division of criminology w/ attempts to provide scientific analysis on the causes of crime. Causes of Crime- factors or circumstances that apply significantly more to offenders than to non-offenders and potentially a direct but not necessarily immediate link to crime.

POLSCI Power of the Gov’t Eminent Domain, Power of taxation,

Niccolo Machiavelli- father of political science Police Power

3 Branches of Gov’t Executive- implementing of law, President

Prof. Francis Lieber- father of modern political science State- group of persons permanently occupying a definite proportion of territory possessing a gov’t to w/c great of inhabitants render habitual obedience - legal or juristic concept

Legislative- making of law, Senator and Congressman

Nation- ethnic or racial concept

Judiciary- interpret law, Chief Justice

Nasci- to be born indicates a relation of birth origin and implies common race

Politics and Political Science is interchangeable

Citizenship- legal can be changed

Politics- actual participation of a population in the activities of affairs of state

Nationality- ethnic or racial-absolute, innate

-shaping or sharing of power Science- unique, SCIRE means to know

Duties of State

Science of Politics- basic knowledge and unerstanding of state and principles of ideas, concerned w/ association of human beings into body politic

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Peace and order

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Political Harmony

Political Theory- political vies and thoughts relating to state

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Social Justice

Public Law- study of gov’t power, duties, its organization and limits of authority

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Economic Development

Political Science- study of politics - deals with aspects of individual in society relate to activities and org. Devoted seeking of power

Models and characteristics of various forms of Gov’t Monarchy, Aristocracy, vs Authoritarianism

Political Regime, Democracy

- study of sharing/ shaping of power - systematic study of state and gov’t J.W. Garner- politics begins and end with the state -State is a community of persons, more/less Polis-

state, city or sovereign state

Four Essential elements of State 1. People- no state w/out population. No limit. Less than 1000

Monarchy- state w/c supreme power is actually lodged in a monarch. Held by a single person. Hereditary. - political system based upon the undivided sovereignty / rule of single person. - supreme authority is vested on a a monarch, an individual ruler who functions as the head of state and achieved his/her position through hereditary. Must allow only male succession - coined term 20th century by Norbert Elias, German sociologists

2. Territory- geographical surface of earth w/c state is located 3. Sovereignty- distinctive mark of statehood. Supreme power.

Absolute Monarch Limited Monarch

4. Government- absence will cause chaos. The agent of state through w/c the will of state is translated into action

 Natural Theory- every city exists by nature and man is by nature a political animal. Men interact w/ their common needs

King- feminine queen, a supreme power, sovereign over a nation or territory, of higher rank than any other secular ruler except an emperor to whom king may be subject - often stood as mediator between his people and their god, or as in ancient Sumer, the god’s representative

 Divine Theory- God/ god established the state and appointed someone to rule over it.  Force Theory- state is created by conquest, force or coercion

Kingship- a worldwide phenomenon can be elective, usually hereditary and takes the form of a monarchy. Maybe absolute or constitutional

 Social Contract Theory- state formed by deliberate and voluntary agreement among people. Functions of Monarchy Stages in study of Political Science  Religious Stage- the gov’t, leaders and laws was considered as divinely inspires  Metaphysical Stage- state was concerned as human institution  Modern Stage- state was capable of being improved by rulers and subj. According to certain principle of laws

 Consists of distinct but interdependent institutions- a gov’t and a state administration  And a court and a variety of ceremonies on the other provide for social life of the members of dynasty , friend and elite  Entails not only political administrative organization but also a court society

Pre Modern Monarchy- european monarchies underwent a process of evolution and transformation

Preamble- source of obligation. Means ‘to walk before’ Preambulus- ‘walking in front’

Theocratic Kingship- leading kings assume their status as God’s representatives on earth Renaissance- newly adapt type of monarch in Europe, initiating voyages of discoveries to other continents, developing new form of mercantile trade, building armies and large gov’t bureaucaries that represented forms of political administrative.

State- element of people, gov’t, sovereignty, territory - more/less numerous PRINCIPLES AND POLICIES
 ART. II – DECLARATION OF PRINCIPLES AND STATE POLICIES
 Principles [sec.1-6]: Binding rules which must be observed in the conduct of government [BERNAS]

Aristocracy- high class in certain agencies - power is helb by nobility - high-level technocrats make up large part of technical aristocracy - conceived by Plato. Means the rule of the few best

Political Regime- institution w/ clear, substantive and geographical limits bounded by explicit rules, agreed on gov.t

Democracy- rule by people. Derived from Greek demokratia coined from demos(people) and kratos(rule) in middle 5 th century to denote political systems

The Philippines is a democratic and republican state [Sec. 1] 
 Renunciation of war [Sec. 2] Only refers to wars of aggression, not defensive war 
 Adoption of generally-accepted principles of 
 international law [Sec. 2] Adherence to a policy of peace, freedom, and amity 
 with all nations [Sec. 2] Civilian supremacy [Sec. 3] Civilian authority (Section 3, Article II) is not defeated in a joint task force between the PNP and Marines for the enforcement of law and order in Metro Manila as long as control is left to the PNP. [IBP v. Zamora (2000)] (6) Role of the armed forces [Sec. 3]
 (a) Protector of the people and the State


Authoritarianism- principle of blind submission to authority

(b) Secure the sovereignty of the State and the 
 integrity of the national territory

- denotes any political system that concentrates power in the hands of leader/small elite that is not constitutionally responsible

Compulsory military and civil service [Sec. 4] 
 Under conditions provided by law Maintenance of peace and order, promotion of general 
 welfare [Sec. 5]

Constitution- body of rules and maxims in accordance w/ w/c the powers of sovereignty are habitually exercised - social contract(Marcos V. Manglapus)

Recognition of a hierarchy of rights [BERNAS] 
 (a) Life
 (b) Liberty
 (c) Property Separation of Church and State [Sec. 6]

Purpose of Constitution - to prescribe the permanent framework of a system of gov’t to assign to the several dept. Their respective powers and duties and establish certain 1st principles on w/c gov’t is founded

Constitution as Municipal Law- binding only w/in the territorial limits of sovereignty pomulgating the constitution

Policies [sec. 7-28]: Guidelines for the orientation of the state [BERNAS] Independent foreign policy [Sec. 7] Freedom from nuclear weapons [Sec. 8] Promote a just and dynamic social order [Sec.9] Promote social justice in all phases of national 
 development [Sec. 10] Personal dignity and human rights [Sec. 11] Family as basic social institution [Sec. 12]

1987 Constitution- 4th fundamental law to govern the Philippines since it became independent on July 4, 1946

Vital role of youth in nation-building [Sec. 13] Role of women in nation-building [Sec. 14]

Background of 1987 Constitution 1. Proclamation of Freedom Constitution Proclamation February 25, 1986, announcing Corazon and VP Laurel were assuming power Executive Order No.1(Feb 28, 1986)

Fundamental equality before the law of women and 
 men [Sec. 14] Right to health [Sec.15] Right to a balanced and healthful ecology [Sec.16, 
 Oposa v. Factoran] Priority to education, science and technology, arts, 
 culture, and sports [Sec. 17]

2. Adoption of the Constitution

Labor as a primary social economic force[Sec.18]

3. Effectivity (February 2, 1987)

Self-reliant and independent national economy 
 [Sec.19] Role of private sector[Sec.20] 


Judicial Review- power of /the courts to test the validity of governmental acts in light of their conformity with higher form

Comprehensive rural development and agrarian 
 reform [Sec. 21] Recognition and promotion of rights of indigenous 
 cultural communities [Sec. 22]

Community-based, sectoral organizations [Sec.23] Role of communication and information in nation- 
 building [Sec.24] Autonomy of local governments [Sec. 25] Equal access for public service and prohibition of 
 political dynasties [Sec. 26]

d) Sea Bed- land that holds the sea. Lying beyond the sea shore including mineral and natural sources. e) Subsoil- everything beneath the surface soil and sea bed f) Insular shelves g) Other submarine areas

Honesty and integrity in public service [Sec. 27] Policy of full public disclosure [Sec. 28]

Forms of Government “Government of the Philippines” is defined as:
 the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including the various arms through which political authority is made effective in the Philippines, whether pertaining to:
 (a) the autonomous regions,
 (b) the provincial, city, municipal, or barangay subdivisions, or (c) other forms of local government. [Sec. 2(1), Administrative Code]

Article 1- project idea that the Phil. is an archipelago Archipelago- Pelagos means ‘sea’

The Claim Over Sabbah Historical Basis- sultanate of sulu granted territory as a prize for helping sultan of Brunei against his enemies Legal Claim Basis- lease agreement

Tomas Cloma- found several uninhabited and unoccupied group of island May 11, 1956- w/ 40 men, Tomas and Filemon took formal possession of island. res nullius- spratly group of island does not belong to any state

Innocent Passage- vessels has the right through any territorial waters. Convention as passing through waters in an expeditious and continuous manner.

- sea part or part of sea studded w/ islands, often synonymous w/ all group of island Article 2 Declaration of Principles and Policies of the State

1. The 12 Mile Rule

Republican Government is a democratic government by representatives chosen by the people at large. Essence of a republican state is indirect rule.

2. The Archipelago Principle- archipelago shall be regarded as single unit

Sovereignty- implies the supreme authority inherent in the State by which it is governed.

Enclosing main archipelago only: Scarborough Shoal and KIG as Regime of Islands

Exercised indirectly through public officials. - The people, however, do not govern themselves directly. Sovereignty (i.e., making laws, enforcing the same and deciding cases involving life, liberty, and property. (Art. XI, Sec. 1.) Their acts, if within the scope of their delegated powers, are, in effect, the acts of the people.

How to determine our territorial boundaries

Three Domains of Territory of State 1. Territory- land mass w/c integrate/ dismembered/ partly bound by water consist of one island can be composed of several islands like Philippines 2. Aerial Domain- air space above the land and water of State res communes- rules governing high seas apply to outer space States have the right to launch satellites over territorial space of other space under customary international law Outer Space Treaty- forms the basis of international space low Vertical limit of territory of State Karman Line- lies at an altitude of 100 km above the earth’s sea level and commonly used to define the boundary between earth’s atmosphere and outer space

3. Fluvial Domaina) Internal Waters- all bodies of water located inside the base line of territory b) Territorial Sea- out to 12 nautical miles from baseline, costal state is free to set laws c) Exclusive Economic Zone(EEZ)- extend to 200 nautical miles from baseline. Introduce to halt the increasingly heated clushes

Exercise directly though suffrage. - actual sovereignty is exercised by the people through the electoral process. The popular will is best expressed when electoral processes are free, clean and honest, on the basis of universal suffrage (i.e., not granted by status or property) and through secret vote.

International law - refers to the body of rules and principles which governs the relations of nations and their respective peoples in their intercourse with one another. The doctrine of incorporation 1. When international usage to be applied- given effect by our courts in the absence of any treaty, executive order, legislative act, or judicial decision. 2. A treaty has force of a statute- The Constitution gives a treaty the same weight and value as a statute of Congress 3. Constitution prevails over a treaty- the 1935 Constitution was changed to “law of the land” in the 1973 Constitution in order to avoid any conjecture that the generally accepted principles of international law are incorporated into the Philippine law with the force of constitutional provisions.

Article III Bill of Rights Bill of rights may defined as a declaration and enumeration of a person’s rights and privileges which the Constitution is designed to protect against violations by the government, or by an individual or groups of individuals.

Classes of rights

1. Natural rights- rights possessed by every citizen without being granted by the State for they are given to man by God as a human being created to His image so that he may live a happy life. Example: right to life, liability, property, and love

right to own, use, transmit and even to destroy, subject to the right of the State and of other persons.

2. Constitutional rights- rights which are conferred a n d p r o t e c t e d b y t h e Constitution. Since part of fundamental law, cannot be modified or taken away by the law-making body.

What constitute deprivation

3. Statutory rights- provided by laws promulgated by the lawm a k i n g b o d y a n d , consequently, may be abolished by the same body.

3. Deprivation of property

1. Deprivation of life 2. Deprivation of liberty

Sec. 2- Regulation of evidence collection, Protection from unjustified restraint, Right to privacy Universal Declaration of Human Rights- as the foundation of all international human rights laws

Classification of constitutional rights Political rights

Search warrant is an order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for certain personal property and bring it before the court.

Civil rights Social economic rights Right of the accused

Warrant of arrest- written order to arrest a person designated, i.e., to take him into custody in order that he may bound to answer for the commission of an offense.

Regulation of evidence collection Protection from unjustified restraint

Scope of the protection

Inalienable rights

1. Persons

2. Houses

3. Paper and effect

Right to privacy Sec. 3- Inalienable rights,

Right to privacy

Sec. 1- Guarantee of Due Process, General guarantee of equality

Sec. 4- Freedom of assembly, of expression, of press, Right of petition

Due Process- Under the Constitution, person may be deprived by the State of his life, liberty, or property provided due process of law is observed. Deprivation of life, liberty, or property by the State is with due process if it done.

Sec. 5- Equality and Freedom of religion, and Official religion Sec. 6- Freedom of movement Sec. 7- Freedom of information Sec. 8- Freedom of association,

Due process of law has, therefore, a two-fold aspect, namely: 1.Procedural due process- “which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trials.” An indispensable requisite of this aspect of due process is the requirement of notice and hearing. 2. Substantive due process- requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. In other words, no person shall be deprived of his life, liberty, or property for arbitrary reasons or on flimsy grounds.

Persons protected- “person” in the above constitutional provision embraces all persons within the territorial jurisdiction of the Philippines, without regard to any difference of race, color or nationality, including aliens.

Rights to join trade unions

Sec. 9- Protection from expropriation Sec. 10- No law impairing the obligation of contracts shall be passed. Sec. 11- Right to counsel Sec. 12- Regulation of evidence collection, Protection from self-incrimination, Right to counsel, Prohibition of torture, Protection of victim’s rights Sec. 13- Regulation of evidence collection, Protection from unjustified restraint, Right to pretrial release Sec. 14- Regulation of evidence collection, Guarantee of due process, Right to examine evidence/witness, Right to fair trial, Presumption of innocence in trials, Right to public trial, Right to speedy trial Sec. 15- Protection from unjustified restraint Sec. 16- Right to speedy trial

Life- as protected by due process of law, means something more than mere animal existence. The prohibition against its deprivation without due process extends to all the limbs and faculties by which life is enjoyed.

Sec. 17- Protection from selfincrimination

Liberty- a protected by due process of law, denotes not merely freedom from p h y s i c a l r e s t r a i n t ( e . g . , imprisonment). It also embraces the right of man to use his faculties with which he has been endowed by his Creator subject only to the limitation that he does not violate the law or the rights of other.

Sec. 20- Rights of debtors

Property- as protected by due process of law, may refer to the thing itself or to the right over a thing. It includes the

Sec. 18- Prohibition of slavery Sec. 19- Prohibition of cruel treatment Prohibition of capital punishment

Sec. 21- Prohibition of double jeopardy Sec. 22- Protection from ex post facto laws

PURPOSIVE COMMUNICATION

2. Lack of knowledge of other culture

4 Purpose

3. Discrimination and harassment

- Explain, Inform,

Persuade,

Entertain

Forms of Communication

4. Language difference

How to fight Barriers

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Intrapersonal

1. Review Communication Principles- 7C’s

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Interpersonal

2. Analyze the message receiver

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Mass Communication

3. Open or accepting other culture

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Small group of Communication

4. Learn about culture 5. Consider Language needs

Ethics in Communication Ethics- Ethos means ’characteristic way of acting’ - deals w/ value relating to human, rightness of an act

Intercultural Communication- interaction by peoplew/ from diverse cultural

- science of the morality of human acts - branch of Philosophy that focuses on the issues of right and wrong in human affairs

Communication- impairing/ exchanging of information - act of transferring information from one place, person or group to another - involves one sender, message and recipient

3 Basic Principles of Ethical Communication

Forms 1. Interracial Communication- interaction from people from diff. races 2. Inter-ethnic “”-

diff. Ethnic origins

3. International “”- between representatives from diff. nation 4. Intracultural “”- interacting w/ members of the same racial ethnic group

Communication

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Avoid intentional deception

High Context- tradition link communication system

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Avoid communication that harm others

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Avoid treating members unfairly

Low Context- works on straight forward communication, short term

Ethics Trap - Necessity, end justifies that means, self-deception, relatives

8 Domains Local everyday written and oral Local specialized written and oral Global everyday written and oral

Ethical Communicator  Respect audience  Consider the result of communication  Value Truth  Use information correctly  Don not falsify information

Moral Principles - Utilitarian, Deontology, Virtue

Basic categories of Communication Verbal Communication- use of sound and words to express yourself or to communicate specially in contrast of gestures/ mannerism

Non-Verbal Communication- includes pitch, speed, tone, and volume of gestures and facial expression, body posture

Barriers 1. Cultural Relativism- ethnocentrism

Global specialized written and oral