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SOCIAL PROBLEMS IN THE PHILIPPINES

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Angela Fausto

on 29 September 2013

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Transcript of SOCIAL PROBLEMS IN THE PHILIPPINES

SOCIAL PROBLEMS IN THE PHILIPPINES
"CRIME"

CRIME
Penalties
Related Articles
Solutions and Recommendation
Cause and Effects
Religion and Crime
In western culture, many of the early ideas about crime and punishment were preserved in the Old Testament of the Bible. The concept is most easily recognized as the expression “an eye for an eye.” In early societies crime, along with most everything else, was viewed in the context of religion. Criminal acts offended the gods or God. It was in this context that acts of revenge were justified, as a means to appease the gods for the affront committed against them by the crime.
As long as there have been people, there has been crime. Criminology as a discipline is the study of crime and the criminal element, its causes, and the suppression and prevention of it. The history of criminology is in many ways the history of humanity. As human society has evolved over thousands of years, so, too, has our understanding of the causes of crime and societies’ responses to it. As is often the case, the history of modern criminology finds its roots in ancient times.
Ancient Views of Crime and Punishment
Throughout history, people have committed crimes against each one another. In ancient times, the common response was one of revenge; the victim or the victim’s family would exact what they felt to be an appropriate response to the crime committed against them. Often, these responses were not measured or proportionate. As a result, the original criminal would often perceive himself or herself to have become the victim due to actions taken against him or her that they felt did not match the crime committed. Blood feuds often developed that could sometimes last for generations.

Laws and Codes
While certainly crime is a problem for all societies, the response to crimes in early societies posed their own problems. Laws that clearly defined crimes and corresponding punishments were established to both quell crime and to put an end to the blood feuds that resulted in the victims’ revenge. These early attempts still allowed for the victim of a crime to issue the punishment, but sought to clarify that a response to a particular crime should be equal to the severity of the crime itself. The Code of Hammurabi is one of the earliest, and perhaps the best known, attempts to establish a set punishment scale for crimes. The principles set out in the code are best described as the “law of retaliation.”
Secular Law and Society
The first society to develop a comprehensive code of laws, included criminal codes, was the Roman Republic. The Romans are widely regarded as the true precursors to the modern legal system, and their influences are still seen today, as the Latin language is preserved in much of the legal terminology. Rome took a more secular view of crime, viewing criminal acts as an affront to society as opposed to the gods. Therefore, it took on the role of determining and delivering punishment as a governmental function, as a means of maintaining an ordered society.
Crime and Punishment in the Middle Ages
The introduction and spread of Christianity throughout the west brought about a return to a religious connection between crime and punishment. With the decline of the Roman Empire, a lack of strong central authority lead to a step backward in attitudes toward crime. Criminal acts began to be thought of as works and influences of the devil or Satan. Crimes were equated with sin. In contrast to ancient times, where punishments were often carried out to appease the gods, punishments were now carried out in the context of "doing God’s work." Harsh punishments were meant to purge the criminal of sin and free them of the influence of the devil.
Early Philosophy
Much of our modern understanding of the relationship between crime and punishment can be traced to the writings of the Greek philosophers Plato and Aristotle, though it would take more than a millennium for many of their concepts to take root. Plato was among the first to theorize that crime was often the result of a poor education and that punishments for crimes should be assessed based on their degree of fault, allowing for the possibility of mitigating circumstances. Aristotle developed the idea that responses to crime should attempt to prevent future acts, both by the criminal and by other who may be inclined to commit other crimes. Most notably, that punishment for crime should serve as a deterrent to others.
Foundations for the Modern View of Crime
At the same time, Christianity introduced the merits of forgiveness and compassion, and views toward crime and punishment began to evolve. The Roman Catholic theologian Thomas Aquinas best expressed these notions in his treatise “Summa Theologica.” It was believed that God had established a “Natural Law,” and crimes were understood to violate the natural law, which meant that someone who committed a crime had also committed an act which separated themselves from God. It began to be understood that crimes hurt not only the victim, but also the criminal. Criminals, while deserving of punishment, were also to be pitied, as they had placed themselves outside of God’s grace. Though these ideas were derived from religious studies, these concepts prevail today in our secular views of crime and punishment.
A crime is defined as any act that is contrary to legal code or laws. There are many different
TYPES OF CRIMES
, from crimes against persons to victimless crimes and violent crimes to white collar crimes. With each type of crime also come different sociological phenomena and demographic profiles.
HISTORY
Organized Crime
Organized crime is crime committed by structured groups typically involving the distribution of illegal goods and services to others. Many people think of the Mafia when they think of organized crime, but the term can refer to any group that exercises control over large illegal enterprises (such as the drug trade, illegal gambling, prostitution, weapons smuggling, or money laundering).
A key sociological concept in the study or organized crime is that these industries are organized along the same lines as legitimate businesses and take on a corporate form. There are typically senior partners who control the business’ profits, workers who manage and work for the business, and clients who buy the goods and services that the organization provides.
Organized crime began back in the early 1900's. It was developed as a way for people to fight oppressive governments like dictatorships. The idea was to form secret groups of citizens that could make money with our government knowing. It is the result of very high and corrupt taxation.

Crimes Against Persons
Crimes against persons, also called personal crimes, include murder, aggravated assault, rape, and robbery. Personal crimes are unevenly distributed in the United States, with young, urban, poor, and racial minorities committing these crimes more than others.
Crimes Against Property
Property crimes involve theft of property without bodily harm, such as burglary, larceny, auto theft, and arson. Like personal crimes, young, urban, poor, and racial minorities generally commit these crimes more than others.
Crimes Against Morality
Crimes against morality are also called victimless crimes because there is not complainant, or victim. Prostitution, illegal gambling, and illegal drug use are all examples of victimless crimes.
White-Collar Crime
White-collar crimes are crimes that committed by people of high social status who commit their crimes in the context of their occupation. This includes embezzling (stealing money from one’s employer), insider trading, and tax evasion and other violations of income tax laws.
White-collar crimes generally generate less concern in the public mind than other types of crime, however in terms of total dollars, white-collar crimes are even more consequential for society. Nonetheless, these crimes are generally the least investigated and least prosecuted.

A Sociological Look at Crime
Arrest data show a clear pattern of arrests in terms of race, gender, and class. For instance, as mentioned above, young, urban, poor, and racial minorities generally commit personal and property crimes more so than other demographic groups. To sociologists, the question posed by this data is whether this reflects actual differences in committing crimes among different groups or whether this reflects differential treatment by the criminal justice system. Studies show that the answer here is “both.” Certain groups are in fact more likely to commit crimes than others because crime is linked to patterns of inequality in the United States. However, the process of prosecution in the criminal justice system is also significantly related to patterns of race, class, and gender inequality. We see this in the official arrest statistics, in treatment by the police, in sentencing patterns, and in studies of imprisonment.
How can crime affect you?
People can be affected in many different ways when they become a victim of crime. While certain emotions such as anger or fear are common, some victims don't react in this way. Sometimes people feel quite normal for a while and then things may start to fall apart. Others may have physical symptoms such as lack of sleep or feeling ill. Everyone is individual in how they respond - the crucial thing is to be aware that you've had a traumatic experience and any changes to how you feel could be related to this.

Many people are surprised at just how emotional they feel after a crime. These strong emotions can, in turn, make you feel even more unsettled and confused. People around you such as friends, partners and children are also likely to be affected. They may feel similar emotions to yours, as well as concern for you. But at the same time many people find that others around them expect them to just 'get over it.' This is not always helpful if what you really want to do is talk about how you feel.


What is the effect of crime in the society?
One of the effects of crime on society is that it makes citizens feel less safe. It causes citizens to feel scared. Another effect is that due to crime, law abiding citizens must pay more for goods. Prices go up to make up for the inventory that was stolen. All people must give up some freedom because of crime.
What causes crime?
There is a combination of factors behind a person who commits a crime. Our family values, education, political, law enforcement, and economy has alot to do with potential criminal activities of individuals. Some reasons for committing a crime could be pride, jealousy, need, revenge, anger, or greed. Some crimes are made by criminals who are in the influence of drugs and alcohol. Some are caused due to poverty. Many criminals are forced to commit a crime in order to gain more wealth. Some crimes are carefully planned out very well in order to advance to increase gain and decrease risk. Criminals tend to make the choices about this behavior and consider a life of crime as a full time job. They believe that crime brings to them a greater reward, excitement, and admiration, until they are caught. Other criminals might get an adrenaline rush when they successfully carry out a dangerous crime. Some criminals commit crimes on impulse or just out of rage or fear.
Terminologies to take note:
• The term felony, in some common law countries, means a serious crime.
• A misdemeanor (also spelled misdemeanour) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than felonies.
• Reclusión perpetua meaning "permanent imprisonment."
• Reclusion temporal is a penalty is given to grave felonies, and the duration of which differs if its Reclusion Temporal in its Maximum, Medium or Minimum application.
• Prision correccional is a penalty with a duration of six months and one day to six years (except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty).
• Arresto mayor - the duration of the penalty of arresto mayor shall be from one month and one day to six months

United States (Connecticut)
Criminal offenses in Connecticut are classified as felonies, which are offenses punishable by imprisonment for more than one year, and misdemeanors, which are offenses punishable by imprisonment for not more than one year. In turn, felonies are classified according to severity as capital, class A, class B, class C, and class D. Misdemeanors are classified as class A, class B, and class C. There are unclassified felonies and misdemeanors which are offenses punishable by imprisonment but not designated under one of the above listed classes.
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 d’etat, 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 or omission.

Since the Revised Penal Code is too long, only some examples of crimes and their corresponding penalties will be shown.


• Treason
o Reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos
• Search warrants maliciously obtained and abuse in the service of those legally obtained
o The penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1,000 pesos
• Conspiracy and proposal to commit coup d’etat, rebellion or insurrection
o Punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00)
• Illegal associations
o The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos
Since the Revised Penal Code is too long, only some examples of crimes and their corresponding penalties will be shown below:
• Indirect assaults
o The penalty of prision correccional in its minimum and medium periods and a fine not exceeding P500 pesos
• Disobedience to summons issued by the National Assembly and Constitutional Commissions, its committees, subcommittees or divisions
o The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed
• Falsification of legislative documents
o The penalty of prision correccional in its maximum period and
a fine not exceeding P6,000 pesos

• Parricide
o Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.
• Murder
o Reclusion temporal in its maximum period to death
• Homicide
o Punished by reclusion temporal
• Penalty for frustrated parricide, murder or homicide
o The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article 50
• Giving assistance to suicide
o Penalty of reclusion temporal
• Discharge of firearms
o Prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code
• Intentional abortion
o Penalty of reclusion temporal
• Unintentional abortion
o Prision correccional in its minimum and medium period
• Kidnapping and serious illegal detention
o Penalty of reclusion perpetua to death
• Kidnapping and failure to return a minor
o Penalty of reclusion perpetua

Local News
MANILA – A tricycle driver was shot dead in Pandacan, Manila before dawn on Thursday.
The unidentified victim was on board his motorcycle when he was shot at the corner of Hollywood and Carreon Streets at around 3 a.m.
The already wounded victim fled on foot but eventually fell down after being shot again by the gunman, initial police investigation revealed.
Residents claimed hearing at least 6 gunshots.
Police are looking into the possibility that the tricycle passenger was the one who shot the victim.
The gunman was allegedly accompanied by a motorcycle-riding cohort.
Police are considering robbery and illegal drugs as the possible motives in the shooting. – report from Francis Faulve, ABS-CBN News


A gunman with a military-grade assault rifle opened fire on a pickup basketball game in the Back of the Yards neighborhood late Thursday, injuring 13 people and dragging the city back into the international spotlight for its violent crime problem. At least 16 bullets were fired into Cornell Square Park around 10:15 p.m. on Thursday, wounding a 3-year-old boy and a dozen other people. All are expected to survive, many with wounds to their arms and legs…
Manila, Philippines -- Malacañang is still not inclined to support the proposed re-imposition of the death penalty against convicted drug offenders in the country.
Deputy Presidential Spokeswoman Abigail Valte said the government prefers to place behind bars persons involved in drug-related cases instead of sending them to the death chamber.
''There has been no change on the President's position on the imposition of the death penalty for certain crimes,'' Valte said, referring to President Aquino's firm opposition to death penalty.
''The belief remains that a vigorous prosecution, leading to certainty of punishment, is a better deterrent to crime,'' she added.
Senator Vicente Sotto III earlier proposed a measure that will reportedly revive the death penalty in drug-related cases.
Senate Bill No. 1 authored by Sotto also seeks the creation of special courts that would handle cases related to drug offenses.
The proposal to re-impose death penalty in drug-related cases comes in the wake of the execution of a Filipino drug mule in China.
The government earlier promised to step up the crackdown on drug traffickers recruiting Filipinos as drug couriers.
Early in his term, the President declared that he was not in favor of the revival of the death penalty due to the country's imperfect justice.
He was concerned that the state might execute the wrong person.

Foreign News
BY THE GRACE of state Sen. Thomas V. Mike Miller (D-Calvert), Maryland Gov. Martin O'Malley (D) has been handed a second chance — probably his last — to abolish the state's death penalty. He should seize it. Four years ago, in deference to Mr. O'Malley, who opposes capital punishment, Mr. Miller, the powerful president of the Senate and a supporter of the death penalty, allowed the issue to reach the Senate floor. There, despite cajoling, the governor could not corral the 24 votes needed for abolition.
Mother charged with killing her 2 children asks California judge for death penalty
September 17, 2013 | By Associated Press
SANTA ANA, Calif. — A woman charged with killing her 13-year-old autistic son and 9-year-old daughter in the midst of a custody dispute asked a judge for the death penalty Tuesday during her first court appearance since her arrest. Looking disheveled, her head down and hands behind her back, 42-year-old Marilyn Edge appeared by video link for an arraignment on two counts of murder with special circumstances…

Vertical Files (Local and Foreign News)
Solutions to Lowering the Crime Rate
• Community Policing
An adequate amount of police officers need to be available and officers should be redeployed when necessary to prevent murders, rapes and aggravated assaults. New community police and state and local law enforcement agencies need to be invested in to make a dent in lowering the crime rate. By working in the same neighborhoods every day, police officers can develop real ties to the community, fix problems in the neighborhoods and form partnerships in order to prevent crime.
• Common-Sense Gun Safety Laws
In 1992, more than 500,000 Americans were victims of gun crime, according to the White House report, "The Clinton Presidency: Lowest Crime Rates in a Generation." The report also claims that common sense gun safety laws can bring down gun crime by 40 percent. Background checks need to be performed during the sales of guns. The manufacture, sale and importation of the deadliest assault weapons need to be banned. The prosecution of gun crime by state and local governments needs to be increased. Federal and serious gun offenders should serve long sentences. Crime guns need to be traced.
• Drug Violence
Armed drug traffickers, gang members and violent youth need to be stopped. Fund antidrug efforts to educate youth about the dangers of drug use and to treat nonviolent offenders. Comprehensive drug testing should be performed by the state.

Solutions to crime
There’s a solution to crime, and it’s been staring us in the face for a long time. It’s not more education. It’s not better economic policies or a police officer on every corner. Economics, legislation, and policing are all important, of course, and followers of Jesus should be working vigorously in every area to promote justice and peace, but none of those things will actually solve the problem of crime where it starts: in the human heart.
There are solutions to crime that work, and have worked, time and time again. 2,500 years ago, a Chinese philosopher named Confucius had a theory. The theory said:
"Government is an example to the people."
To clean up crime, then, we must first clean up government.
Confucius discussed this theory with the prince of Lu. The prince decided it was worth a try, and granted Confucius his authority. Confucius did two things: First, he cleaned up the government of corruption. Second, he offered skills training, to anyone, on demand. Crime disappeared!

Another Solution
There’s a solution to crime, and it’s been staring us in the face for a long time. It’s not more education. It’s not better economic policies or a police officer on every corner. Economics, legislation, and policing are all important, of course, and followers of Jesus should be working vigorously in every area to promote justice and peace, but none of those things will actually solve the problem of crime where it starts: in the human heart.
So what will? Prisoners.
When men and women get on the wrong side of the criminal justice system, crime, and incarceration lay waste to their lives, their families, and their communities. They are called “inmate.” They answer to a number. They are told over and over again that they have no potential, no value, and no hope. After they are released, they learn that society’s punishment lasts long after the sentence has ended. Not surprisingly, two-thirds are rearrested within a few years.
But what if, instead, the rehabilitation of prisoners started at the moment of arrest? What if the entire criminal justice system was geared toward restoring men and women to their God-given potential, so that they re-enter their community prepared to bring transformation to their homes and neighborhoods? Crime will stop when former criminals instead foster healing and peace.

• Sexual Offenders
Sexually violent offenders must register with state officials upon release from prison. It is important to have measures in place to follow up on the offenders after release.
• Domestic Violence
These three actions help reduce domestic violence incidents: Set up 24-hour hotlines for domestic violence victims, fund women's shelters and prosecute domestic violence offenders.
• Using Statistics and Prediction
Police officers can estimate future crimes using intelligence and can implement predictive crime analysis, data mining and reporting.
• Environment
According to Kathy Wolf, Ph.D., at the Center for Urban Horticulture, crime levels are lower in residential neighborhoods and poor inner-city neighborhoods where green areas exist. Green areas promotes a greater sense of safety, civilities and nonaggressive behaviors that deter crime and create healthier and safer urban communities.

Recommendation
The researchers recommend that other students who are also planning to conduct a study about crimes to improve what is already in this research paper. The researchers also recommend that future researchers take their time and effort in conducting and researching about the topic to have more than enough information and to produce a desirable output.
Bibliography
Reyes, Ma. Divine. “16 katao ang pinapatay araw-araw noong 1998.” Philippine Daily Inquirer (February 15, 1999): 4.
Yap, DJ. “Cops war vs Rise in online crimes.” Philippine Daily Inquirer (June 23, 2011): A23.
“Crimes and Delinquency.” MST (September 11, 2006): A1.
Policar, Dona. “Nat’l Crime volume down 9% but kidnap, rape cases rising.” Manila Times (January 23, 1998): 1.
“Peru’s Fujimori admits to corruption.” Philippine Star (September 30, 2009): A-25.
“Police story.” Philippine Daily Inquirer (June 6, 2003): A-8.

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