CRIM 1 Module 4
CRIM 1 Module 4
OVERVIEW
LEARNING OUTCOMES
1. Recognized the other sociological causes of crimes and other factors of crime
causation;
2. Analyzed the crime concepts including its definition and elements;
3. Identified the three ingredients of crime and the distinction of crime and
morality crime and sin.
DISCUSSION
Definition of Crime
Crime is any rational human conduct that violates a criminal law and is subject to
punishment (Adler, Mueller & Laufer, 1995).
In legal terms, crime is an intentional violation of the criminal law or penal code,
committed without defense or excuse and penalized by the states.
Within the social context, crime is a behavior that violates the norms of society –
or, more simply, antisocial behavior or deviance.
A norm is any standard or rule regarding what human beings or should not think,
say, or do under given circumstances (Bohm & Haley, 2002).
Elements of Crime
Technically and ideally, a crime has not been committed unless all of the
following elements are present:
2. Legality – This has two aspects. First, the harm, must be legally forbidden for a
behavior to be crime. Thus violations of union rules, or any rules other than those of a
political jurisdiction may be “wrong,” but they are not crimes unless they are also
prohibited by criminal law.
Second, a criminal law must not be retroactive, or ex post facto law: (1) declares
criminal act that was not illegal when it was committed, (2) increases the punishment for
a crime after it is committed, or (3) alters the rules of evidence in a particular case after
the crime is committed.
3. Actus reus – This latin term refers to criminal conduct – specifically, intentional or
criminally negligent (reckless) action or inaction that causes harm. Crime involves not
only things people do but also things they do not do. For example: Parents who fail to
provide their children with adequate food, clothing and shelter are committing a crime.
4. Mens rea – The Latin terms mens rea refers to criminal intent or a guilty state of
mind.
a. Acting under duress – e.g. committing robbery to save the life of a loved one.
b. Being underage – e.g. a six – year old child who picks up a gun and shoots his or her
parent
c. Insanity – A person is legally insane if, at the time of the commission of the act, he or
she (1) did not know the nature and quality of the act or (2) did not know that the act
was wrong.
d. Acted in a self - defense or in defense of a third party
e. Entrapment – It is the inducement of an individual to commit a crime not
contemplated
by him or her, undertaken for the sole purpose of instituting a criminal prosecution
against the offender. Cases of entrapment occur when police officers or civilians
acting
at their command, induce a person to commit a crime that he or she would not have
otherwise undertaken. For example, a police officer convinces an individual to rob
another and then arrests the individual after the crime has been committed. The
defense of entrapment would be applied in this case.
f. Acting out of necessity – The necessity defense can be used when a crime has been
committed to prevent a greater or more serious crime. Interestingly, the law does not
recognize economic necessity as an excuse from criminal responsibility. Thus, the
unemployed and hungry thief who steals groceries cannot employ the necessity
defense.
5. Causation – This refers to the causal relationship between the legally forbidden harm
and the actus reus. In other words, the criminal act must lead directly to the harm
without a long delay.
6. Concurrence – This means that there should be a concurrence between the actus
reus and the mens rea. In other words, the criminal conduct and the criminal intent must
occur together. Suppose you call someone to repair your broken washing machine, and
that person comes to your home, fixes your washing machine, and on the way out takes
your television set. The repair person cannot be found guilty of entering your home
illegally (tresspass) because that was not his or her initial intent. However, the same
person can be found guilty of stealing your television set.
1. Motive or Desire – This is the driving force, the reason why the accused committed
the crime.
2. Opportunity – It refers to the time and place of the commission of the crime.
3. Instruments – These are tools employed by criminals.
From the legal view point, crime exists when the person has been proven guilty
by the court. This view is based on the presumption of innocence as provided for by the
1987 Constitution that only after trial and the proof beyond reasonable doubt is
established by the prosecution that the accused has committed the crime.
From the scientific point of view, crime exists when it is reported. This is more
realistic, but not all reported cases are with sound basis of true happening. Some of
them are also unfounded.
Crime is an act or omission against the penal law of a state while sin is an act or
omission against the spiritual or divine law.
1. Crime is committed against the law of state, while immorality is committed against the
unwritten social norms in a locality.
2. Crime is fixed by statute, while immorality is not.
3. Crime is nationalistic, while immorality is regionalistic.
1. Crime is pervasive.
2. Crime is expensive.
The government and private sector spend an enormous amount of money for
crime detection, prosecution, correction and prevention.
3. Crime is destructive.
Many lives have been lost because of crimes such as murder, homicide and
other violent crimes. Many properties have been lost or destroyed because of robbery,
theft and arson.
4. Crime is reflective
Crime rate or incidence in a given locality is reflective of the effectiveness of the
social defenses employed by the people, primarily by the police system.
5. Crime is progressive.
The marked increase in the volume of crimes is on account of the ever increasing
population. The ever increasing rate and their technique show the state of thinking of
the society and its advancement.
While it is true that crimes are disadvantageous most of the time, for experts
crimes also offer some benefits. The following are viewed advantages of crime
occurrence:
Members of the community offer all their assistance to establish a strong front
against crime. Family ties become stronger: groups become more united and solidified
to fight criminality.
Penal laws are the safeguard of our morality. When morality becomes low, they
serves as reminders to society that something has to be done at once to prevent
morality from going beyond its limits.
3. It is a notification of maladjustment.
Whenever a person violates criminal law, such is a proof that his action is not
within the accepted norms in a society. Crime is a symptom of social disorganization,
just as fever or pain is a sign that a person is sick.
Simply put, crime typology refers to the type of a particular crime category.
Criminologists group criminal offenders and/or criminal behaviors into categories or
typologies so they may be more easily studied and understood. Crimes are usually
classified according to the degree of severity of the offense, the nature of the acts
prohibited, psychological characteristics of the offender, or on some other bases.
Crimes are also generally classified as follows: (Siegel, 2004; Cole & Smith,
2008)
1. Violent crimes include offenses where violence was applied. They are also called
acts or crimes against persons. Rape, assault, domestic violence, robbery, and murder
belong to this category.
2. Economic crimes are primarily committed to bring financial gain to the offender. The
most common ones are crimes against property such as burglary (housebreaking),
theft, carnapping motor vehicle theft, shoplifting, arson and fencing.
a. White – collar crimes. They are violations of law committed by a person or a group
of persons in the course of an otherwise respected and legitimate occupation or
business enterprise. Offenses under this category are oftentimes in forms of fraud
cases, such as securities – related crimes, bank frauds, frauds committed against the
government, consumer fraud, computer crimes, insurance fraud, tax fraud, and other
related cases involving deceit.
3. Public order crimes. They are unlawful acts that interfere with the normal operation
of society and the ability of people to function efficiently. Moreover, they are sometimes
called “victimless crimes” because there is no direct, tangible, and complaining victim.
However, some argue that secondary victims – family friends, acquaintances, and
society at large – can be identified. Prostitution, pornography, drug addiction, gambling,
public drunkenness, vandalism, and disorderly conduct are among behaviors that fall
under this category. Although the police treat them as minor offenses, some scholars
argue that they can lead to more serious crimes.
1. Felonies – These are acts and omissions punishable by law. Generally, a felony is a
relatively serious offense punishable by death, a fine or confinement in a national prison
for more than one year.
2. Misdemeanors – They are minor offenses that are punishable by no more than fine
and/or one year imprisonment, typically in a local jail.
2. Mala prohibita – This means “wrong because it is prohibited.” They are offenses that
are illegal because laws define them as such. They lack universality and timelessness.
For example: gambling, trespassing, prostitution, dynamite fishing, illegal logging, and
illegal possession of firearms.
1. By means of dolo or deceit – when the act was done with deliberate intent
(intentional felony).
2. By means of culpa or fault – when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill (culpable felony).
2. Frustrated crimes – when the offender has performed all the acts of execution which
will produce the felony as a consequence but which, nevertheless, do not produce the
felony by reason of cause independent of the will of the perpetrator.
3. Consummated crimes – when all the elements necessary for execution and
accomplishment of the crime are present.
1. Simple crimes – when a single act constitutes only one offense. Examples: homicide,
robbery, rape
2. Complex crimes – when a single act constitutes two or more grave felonies or when
an
offense is a necessary means for committing the other. Example: robbery with
homicide.
In a complex crime, although two or more crimes are actually committed, they
constitute only one crime. When the offender executes various acts, he must have a
single purpose.
Note: Theft of firearm and illegal possession of same firearm do not form a
complex crime; they are two distinct crimes.
F. As to the gravity of penalty or offense
1. Grave felonies – those to which the law attaches the capital punishment or afflictive
penalties.
2. Less grave felonies – those which the law punishes with penalties which are
correctional in nature.
Note: It is a less grave felony if the amount of the fine imposed is more than 200
person but not exceeding 6,000 pesos.
3. Light felonies – those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos, or both, is imposed.
If a person falls to take place the necessary precaution to avoid injury to person
or damaging to property, there is imprudence.
a. Seasonal crimes – those committed only during a certain period of the year
like
during election period, Christmas season, etc.
b. Situational crimes – those committed only when given the situation conducive
to their commission.
Classification of Criminals
1. Acute criminals - They commit crimes due to impulses of the moment, fit of passion,
anger, or spell of extreme jealousy.
2. Chronic criminals – They are those who acted in consonance with deliberate thinking.
1. Recidivist – is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same title of
the Revised Penal Code.
2. Quasi – recidivist – is one who commits another crime after having been convicted by
final judgment of a crime falling under either the Revised Penal Code or Special Law,
before beginning to serve such sentence or while serving the same.
3. Habitual Delinquent – is one who, within a period of ten (10) years from the date of
his release or last conviction of the crimes of serious or less serious physical injuries,
robbery, estafa, or falsification, is found guilty of any of the said crimes for the third time
or oftener.
Measuring Crimes
The Philippine National Police (PNP), as the premier law enforcement agency,
acknowledges the important role of generating statistical crime data in the overall
assessment of crime trends in the country. Hence, the PNP Headquarters issued “Letter
of Instructions: Unit Crime Periodic Report (UCPER)” dated April 22, 2009. This
directive prescribes a uniform procedure in reporting and collecting crime data reported
to the different law enforcement agencies.
Some of the salient provisions of the UCPER are presented in the foregoing
discussion.
1. The National Crime Reporting System (NCRS) – concerned more with the details of
the crime such as victim’s data, offender’s data, among others.
2. Police Regional Office Periodic Report (PROPER) – mainly concerned with what
happened, where, to whom, why, and the results of investigation.
Definition of Terms
a. Crimes – include felonies which are violations of the Revised Penal Code and
offenses which are violations of special laws.
b. Crime Volume – is the number of crime incidents committed in a given area over a
period of time which include the index and non – index crimes.
c. Population – is the number of inhabitants in a given area. The figure to be used is the
medium assumption as per the records from the National Statistics Office (NSO).
d. Crime Rate – is the number of crime incidents in a given period of time for every
100,000 inhabitants of an area.
Crime Volume
Crime Rate = ____________________________________
Population / 100,000
e. Index Crimes – are crimes which are serious in nature and which occur with sufficient
frequency and regularity such that they can serve as an index to the crime situation.
1) When the following elements occur: The offender has been identified; there is
sufficient evidence to charge him; the offender has been taken into custody; and the
offender has been charged before the prosecutor’s office or court of appropriate
jurisdiction.
2) When some elements beyond police control prevent the arrest of the offender, such
as when the victim refuses to prosecute after the offender is identified or the offender
dies or absconds.
g. Crime Solution Efficiency (CSE) – is the percentage of solved cases out of the total
number of crime incidents handled by law enforcement agencies for a given period of
time.
Solved Cases
CSE = ------------------------------- X100%
Crime Volume
h. Cleared Cases – A case shall be considered cleared when at least one of the
offenders has been identified; there is sufficient evidence to charge him; and he has
been charged before the prosecutor’s office or any other court of appropriate
jurisdiction. Included in this category solved cases.
i. Crime Clearance Efficiency (CCE) – is the percentage of cleared cases out of the total
number of crime incidents handled by law enforcement agencies for a given period of
time.
CC
CCE = ------------------------------- X100%
CV
Where:
CC = Cleared Cases
CV = Crime Volume
CCE = Case Clearance Efficiency
The Police Blotter shall serve as the main source of crime data for submission
and shall be the basis for preparing and accomplishing the Unit Periodic Report and
NCRS Form. The Chief of Police is primarily responsible for the maintenance of
accurate crime data. He must ensure that crime data gathered from all sources, such
as: Barangay, NBI, PDEA, DENR, DSWD, BUCUS, BI and other agencies with law
enforcement functions in the locality. Accuracy and integrity of crime recording
processes must be ensured by the Chief of Investigation Section and Crime Registrar.
LET US ASSESS
ACTIVITY I.
Read the statement or question very carefully. Write the letter of your answer.
REFERENCES
References:
1. www.scribd.com/document.ph
2. Armando A. Alviola, PhD Crim., Educ. Mngt. Introduction to Criminology and
Psychology of Crimes