Intro To Crim Chapter 1 8
Intro To Crim Chapter 1 8
Chapter One
The Nature of Criminology
“The major cause for the collapse of society at any level may be traced not only to
the criminal activities of the bad people alone, but to the sin of silence of the good
people as well.”
---Cirilo M. Tradio
Introduction
Crime as a threat to society is evidently
one of the causes of crippling and stealing
the income from government. Its
consequential effects endangered the
At the end of the lesson, students
should be able to: internal security of the country and
discouraged local and foreign investors from
define criminology and able to create their own setting up business and other industrial
definition. undertakings. A variety of measures have
recall its etymology and those who coined it. been taken to counter the growing threat of
discover and explain why it is called a multi- crime. For example, more laws are passed
disciplinary field of study. and enacted, law enforcement agents are
defend and explain whether criminology is a recruited and trained, prosecution and
science or not; judicial procedures are improved, and
explain why the field of criminology is
reforming institutions are established for
important interms of its nature, scope, purpose
young and adult offenders. However, all
and objective.
distinguish between criminologist and these measures, tend to be futile and costly
criminology Practitioner. without first discovering and understanding
identify the laws that regulate criminology the causes of the crime.
profession in the Philippines as well as their The field of criminology is born to
salient features. address this issue of crime and criminal
list the different opportunities as well as the behaviour, and attempts to define, explain
government and private agencies available for and predict it. Criminology focuses on forms
criminology graduates for employment. of criminal behaviour, the causes of crime,
the definition of crime, and the reaction of
society to criminal activity; related areas of investigation may include juvenile delinquency and
victimology (study of victim).
The important areas of interest in this field are the development of law (criminal law) and
its use in defining crime, the cause of violations of law, the methods used to control criminal
behavior and the extent of crime. To this end, criminology as a field of study has these two ( 2)
objectives: firstly, to determine the causes of criminal behavior whether it is biological, social
or psychological, and secondly to develop and evolve a valid principle for crime prevention and
control.
If you tell your friends you're taking a criminology course, many will assume you 're a
budding Sherlock Holmes, on the way to becoming a master detective trained in investigating
crime scenes. That describes the field of criminalistics (the scientific assessment of physical
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evidence), which is sometimes confused with criminology in the media and public mind.
Criminology is more concerned with analyzing crime and criminality, conducting accurate
scientific studies and developing sound theoretical explanations of crime and criminal
behaviour. It is hoped that such knowledge of criminology and scientific research can inform
and direct public policies to solve some of the problems of crime.
This chapter begins with the definition of criminology, and discusses the emergence of the
field, its etymology and origin, and its nature as an interdisciplinary field of study. Next, this
chapter will reply to the debate about whether or not criminology is considered a science. Then,
it will further justify the fields importance by examining its nature, scope, purpose and goals.
The final part of this chapter will focus on the practice of the criminology profession in the
Philippines and various work opportunities awaiting graduates of criminology.
Criminology defined
a. Making of Laws – This pertains to the examination of the nature and structure of
laws in the society which could be analyzed scientifically and exhaustively to learn
crime causation and eventually help fight them. Law is passed because of the
consensus of the will of the public. In the Philippines, we have bicameral system of
legislation. It is called bicameral because it is composed of two houses; the senate and
the house of representative. We have three major branches in the government: The
Executive vested on the office of the president, the Judiciary, vested on the Supreme
Court and the Legislative, cited and explained above. We are being represented by
the legislature branch in making laws.
The making of law is supported by the Latin maxim “Nullum Crimen Sine Lege,
Nulla Poena Sine Lege” which means "no crime or punishment without a law."
There can be no crime committed, and no punishment meted out, without a violation
of penal law as it existed at the time. It is otherwise known as the principle of
legality.
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NOTA BENE:
Crime is an act or omission in violation of criminal law.
Act is outward movement tending to produce effect.
c. Reaction towards the Breaking of Laws – This involves the study of the reaction
of people and government towards the breaking of laws. Society either reacts
positively or negatively when someone commits crime. However, seldom has the
society reacted positively: It reacts Negatively by imposing punishment on the law
breaker.
5. Other definitions:
- Criminology is the study of crime from a social perspective, including examining who
commits crimes, why they commit them, their impact, and how to prevent them.
- Criminology is the study of all subject matters necessary in understanding and
preventing crime and the punishment and treatment of criminals.
- Criminology is the scientific approach to the study of the nature, extent, cause, and
control of criminal behavior in both the individual and in society.
- Criminology is the scientific study of causes of crime in relation to man and
society who set and defined rules and regulations for himself and others to govern.
- The interdisciplinary science that gathers and analyzes data on crime and criminal
behavior.
- Criminology uses the scientific method to pose research questions (hypotheses),
gather data, create theories, and test their validity.
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Criminology as a Interdisciplinary
Field of Study
3. Psychiatry (Psychiatry Criminology) The science that deals with the study of crime
throughForensic psychiatry, the study of criminal behavior in terms of motives and
drives that strongly relies on theindividual. (Psychoanalytic Theory-Sigmund Freud-
Traditional view). It also explains that criminals areacting out of uncontrollable
animalistic, unconscious orbiological urges (modern view).
Criminology as a Science
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Edwin Sutherland and Donald Cressey, both
American Criminologists, argued that criminology at
present is not a science, but it has hope of becoming a
science. This is because it has not yet acquired universal
validity and acceptance.
However, George L. Wilker argued that
criminology cannot possibly become a science.
Accordingly, general propositions of universal validity
are the essence of science; such propositions can be made
only regarding stable and homogenous unit but varies
from one time to another; therefore universal
proposition cannot be made regarding crime and
scientific studies of criminal behaviour are impossible.
Cirilo M. Tradio, a filipino author, also humbly submits that criminology is a science. The
argument is that, crime as universally defined, crime is the commission and omission by a
person having capacity of, of any act, which is either prohibited or compelled by law, and the
commission or omission of which is punishable by a proceeding brought in the name of the
government (or people for that matter) whose law has been violated.
Nature of Criminology
Criminology is a science in itself when applied to law enforcement and prevention of crimes
under the following nature:
Social Science is the study of people in society and how they relate to one another and
to the group to which they belong. It is a discipline that studies a specific area of human
society, e.g. sociology, psychology, economics, political science, history, or anthropology.
3. It is Nationalistic- The study of crimes must be in relation with the existing criminal
law within the territory or country. Finally, the question as to whether an act is a crime
is dependent on the criminal law of a state it follows therefore, that the causes of crime
must be determined from its social needs and standards.
Scope of Criminology
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1. Study of the causes of crimes and development.
2. Study of the origin and development of criminal laws.
3. Study of the different factors that enhances as:
a. Criminal Demography - study of the relationship between criminality and
population.
b. Criminal sociology – study the effects of social conditions on crime and criminals
including the machinery of justice and the evolution of criminal law and punishment.
Objectives of Criminology
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youthful offender. Criminology is concerned with the construction of deviance, and the
reaction to deviance.
2. Contribute to the development of other science and through them, they will contribute a
national strategy in the prevention and control of crime, as well as the treatment of
youthful offenders.
3. Concerned with the immediate application of knowledge to programs of social control of
crime.
NOTA BENE: If there are no means of social control, there will be chaos and
disorganization.
Criminal justice and criminology are certainly related fields, but they are not identical. In
1934, American criminologist Edwin Sutherland defined criminology as the body of knowledge
regarding crime as a social phenomenon. It includes within its scope the process of making laws,
of breaking laws, and of reacting toward the breaking of laws. The objective of criminology is
the development of a body of general and verified principles and of other types of knowledge
regarding this process of law, crime, and treatment or prevention.
While Criminal Justice often refers to the various criminal justice agencies and
institutions (e.g., police, courts, and corrections) that are interrelated and work together toward
common goals. Interestingly, many scholars who referred to criminal justice as a system did so
only as a way to collectively refer to those agencies and organizations rather than to imply that
they were interrelated. Some individuals argue that the term criminal justice system is an
oxymoron. For instance, Joanne Belknap noted that she preferred to use the terms crime
processing, criminal processing, and criminal legal system, given that “the processing of victims
and offenders [is] anything but ‘just.’”
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criminal statistics and data to test the effectiveness of crime control and prevention program.
Criminologist defined
A criminologist is a person who studies the causes of crimes, its treatment and prevention
using scientific methods. Criminologist use scientific principles to (1) Gathers data, (2) Creates
theories, (3) Employ established method of social science inquiry, (4) Experimental designs and
(5) Sophisticated data analyses. Criminologists study the nature and causes of crime and the
criminals who commit them. They research the social and biological background of criminals to
determine common traits, and assist law enforcement to better understand criminal behavior
and prevent future crimes.
Criminologist is also interested as how criminal law are created, who has the power to create
them, what are the purpose of such laws, how they are enforced and violated. In addition,
criminologist study the kinds of sanctions or incentives that can best protect the environment.
The criminologist study the relationship between ideology and power in the making, enforcing,
and breaking of laws.
Under Republic Act No. 6506, a licensed criminologist is a degree holder of criminology
or a criminology practitioner who passed the Licensure (board) examination for criminologist
and is registered with the professional regulation commission (PRC).
After 46 years, the laws was finally repealed on November 8, 2018 by Republic Act No.
11131, “An Act regulating the Practice of Criminology Profession in the Philippines, and
appropriating funds therefore, repealing for the purpose Republic Act No. 6506, otherwise known
as "An act creating the Board of Examiners for Criminologists in the Philippines". This act shall
be known as "The Philippine Criminology Profession Act of 2018". Under Section 3, the
objectives of the law:
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a. The examination, registration and licensure for criminologists;
b. The supervision, control and regulation of the practice of criminology;
c. The standardization and regulation of criminology education;
d. The development of the professional competence of criminologists through
Continuing Professional Development (CPD); and
e. The integration of all criminology professional groups, and membership of all
registered criminologists to the accredited professional organization.
Practice of Criminology. The practice of criminology shall include, but shall not be limited
to, acts or activities performed:
(a) In line with the practice of profession or occupation as a law enforcement
administrator, executive, adviser, consultant, officer, investigator, agent or employee
in any private or government agencies performing law enforcement and quasi-police
functions at the Philippine National Police (PNP), the National Bureau of Investigation
(NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of Fire Protection
(BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial Jail, the
Bureau of Corrections (BUCOR), the Probation and Parole Administration (PPA), the
Bureau of Internal Revenue (BIR), the Bureau of Customs (BoC), the Bangko Sentral
ng Pilipinas (BSP), other government and private banks, the Philippine Postal
Corporation (PPC), the Sea and Air Marshalls, the VIP Security, Airport and Seaport
Police, the National Intelligence Coordinating Agency (NICA), the Intelligence Service
of the Armed Forces of the Philippines (ISAFP), and other intelligence service or
agencies of the government exercising similar functions;
(b) In line with the practice of teaching profession such as those performed by a professor,
instructor or teacher in any university, college or school duly recognized by the
government of any of the following professional and component subjects of the
criminology program: (1) Criminal Jurisprudence and Procedure; (2) Criminalistics; (3)
Law Enforcement Administration; (4) Crime Detection and Investigation; (5)
Correctional Administration; and (6) Criminal Sociology and Ethics, and other
technical and specialized subjects in the criminology curriculum provided by the
CHED;
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The Board, in consultation with the APO and the academe, subject to the approval of the
Commission, may revise, exclude from or add to the above enumerated acts or activities as the
need arises to conform with the latest trends in the practice of criminology in the country.
(Section 5, RA No. 11131)
Rating in the Licensure Examination. To pass the licensure examination for criminologist,
a candidate must obtain a weighted average rating of seventy-five percent (75%) with no grade
less than sixty percent (60%) in any given subject. In case the examinee obtains a weighted
average rating of seventy-five percent (75%) but, has a grade below sixty percent (60%) in any
of the subjects, the result of the examinee shall be deferred, and be required to retake that
particular subject/s. The deferred examinee shall only be allowed to retake once within two (2)
years from the date of the examination, and shall be required to obtain a grade not lower than
eighty percent (80%) on the subject, to be considered to have passed the licensure examination.
If the examinee failed to retake after the lapse of two (2) years or failed to get the passing mark
of eighty percent (80%), the examinee shall retake all the board subjects. (Section 17, RA No.
11131)
Six Major Areas of the Criminologist Licensure Examination . Under Republic Act No.
11131 and CHED CMO No. 5 Series of 2018 (Policies, Standards and Guidelines for the
Bachelor of Science in Criminology Program) the following are the six major areas licensure
examination with its relative weigths:
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(f) Criminal Sociology 15%
A Criminology graduate would most often look for jobs in the following Philippine
government agencies:
1. Philippine National Police (PNP)
2. Bureau of Jail Management & Penology (BJMP)
3. Bureau of Fire Protection (BFP)
4. Armed Forces of the Philippines (AFP)
(a) Philippine Coast Guard (PCG)
(b) Philippine Army (PA)
(c) Philippine Air Force (PAF)
However, to be qualified for the first three bureaus, the applicant must possess a Pre-
Employment Eligibilities such as PRC Licensed for passing the Criminology Licensure
Examination, Honor Graduate Eligibility under P.D. No. 907 or those who grdauted with latin
honors (Cumlaude, Magna Cumlaude and Suma Cumlaude), obtained a Civil Service Eligibility
(CSC) or NAPOLCOM Eligibility by passing the Police, Fire Officer and Jail officer Entrance
examination. For the Armed forces of the Philippines, finishing 72 units in college is enough to
qualify for employment but required pass the qualifiying examination.
In addition to the above mentioned agencies, criminology graduates can also work for other
government agencies, but not limited to the following:
1. Parole & Probation office (PPO)
2. Bureau of Corrections (BUCOR)
3. Commission on Human Rights (CHR)
4. Bureau of Customs (as customs police)
5. Philippine Drug Enforcement Agency (PDEA)
6. National Bureau of Investigation (NBI)
7. Parole and Probation Administration (PPA)
8. Department of Foreign Affairs (DFA) (as document examiners and investigators)
9. Department of Finance Investigation Division (DOF)
10. Bangko Sentral ng Pilipinas (BSP) (as security and investigation department)
11. Immigration and Deportation Bureau
12. National penitentiary across the country like provincial jails under the provincial
governments
13. Maritime Industry Authority (MARINA) (as investigators or maritime police)
14. Land Transportation Office (LTO) (as investigators and field inspectors or officers)
15. Department of Labor and Employment (as sheriff)
16. Department of Environment and Natural Resources (DENR) (as forest officers or
guards)
17. Metropolitan Manila Development Authority (MMDA)
18. Supreme Court of the Philippines
19. Philippine Public Safety College (PPSC)
20. Office of the Ombudsman
21. Department of National Defense (DND)
22. Other Government Agencies requiring Public Safety Agents.
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Meanwhile, in the private sector, Criminology graduates usually apply for positions in
the security industry such as: Security officers, Security guards and Private Detectives
or Investigators. But the reality is you can also apply for the following positions:
1. In-house mall investigators
2. International air lines ground officers and investigators
3. International airport security officers and plain clothes investigators
4. Private commercial bank credit and loan investigators
5. General managers and directors of private security industry
6. Security chiefs and supervisors in international industry
7. Commercial airlines ground investigators
8. Forensic ballistics expert
9. Asset Protection Associate
10. Security Manager
11. Loss Prevention Supervisors
12. Inspectors
Learning Discussion
1. What is criminology?
2. Is criminology a science?
3. Why criminology is called interdisciplinary field of study?
4. Why criminology is important –to YOU, to our SOCIETY and as a FIELD OF STUDY?
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LEARNING CHECK NO. 1
Name: _____________________________________Score:___/___Remark:___________
Course/Level/Section:_________________Schedule:______Room_____Date:________
I. FILL IN THE BLANKS. Supply the missing word/s that completes the statements below.
Any forms of erasure and unnecessary marks will invalidate you answer.
II. MODIFIED TRUE OR FALSE. Write Criminology if the statement is true and write
Criminologist if the statement is false. Write your answer in the space provided before the
number. If the statement is false rewrite the correct whole statement on the space provided
after the statement. (2 pts each)
______________ 15-16. Criminology changes as social problems changes.
____________________________________________________________
____________________________________________________________
______________ 17-18. Psychiatry one of the principal science in the study of criminology that
studies behavior and the mental processes of the criminal.
____________________________________________________________
____________________________________________________________
______________ 21-22. Edwin Sutherland argued that criminology cannot possibly become a
science.
____________________________________________________________
____________________________________________________________
______________ 23-24. The Latin words Nullum Crimen Nulla Poena Sine Lege means there is
no crime if there is no law punishing it.
____________________________________________________________
____________________________________________________________
III. MATCHING TYPE. Identify from Item B which best describe or the concentration of Item
A. Write the letter of your choice on the space provided before the number. Any forms of erasure
and unnecessary marks will invalidate you answer.
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Item A Item B
____25. Criminal Ecology a. criminality and population
____26. Criminal Psychology b. criminality and human minds
____27. Criminal Epidemiology c. criminality and victim
____28. Criminal sociology d. criminality and body physique.
____29. Victimology e. criminality as an epidemic disease
____30. Criminal Demography f. criminality and environment.
____31. Criminal Anthropology g. criminality and human behavior.
____32. Criminal Psychiatry h. criminality and social conditions
______________ 33. The old law creating the board of criminology in the Philippines and for
other purposes.
______________ 34. Any person who is a consumer of the knowledge and research of
criminologist, applied in the prevention, control and treatment of a crime.
______________ 35. This pertains to the examination of the nature and structure of laws in the
society.
______________ 36. A person who studies the causes of crimes, its treatment and prevention
using scientific methods.
______________ 37. This involves the study of the reaction of people and government towards
the breaking of laws.
______________ 38. It refers to a person convicted by final judgement for violating the law.
______________ 39. It refers to a person under investigation and believed to be the doer of the
crime.
______________ 40. It refers to a person under litigation for alleged commission of a crime.
Chapter Two
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Principal Divisions of Criminology
Introduction
The study of criminology has four (4)
principal divisions, namely: Criminal
At the end of the lesson, Etiology, Sociology of Law, Penology or
students should be able to: Correction, Crminilistics and victimology.
define and differentiates the The first division of criminology is the
principal divisions of criminology;
criminal etiology which is the scientific
Atand
the end of the lesson, analysis of the causes of crimes. sociology of
students
identify should
and discuss the to:
be able scope of each
division. law is the second division of criminology which
define and differentiate the principal attempt to offer scientific analysis of the
discuss victimology as a subfield of
divisions of criminology; conditions under which penal or criminal laws
criminology and explain the role of
explain
victims the
in their etiology
own of crime by
victimization. develop as a process of formal social control. It is
compare knowing the approaches
and contrast victim and also define as the study of law and its
explanations of criminal behavior.
precipitation, victim facilitation, and application. The third division of criminology is
explain
victim the relationship between
provocation. penology or correction which is the study
society and law that deals with the punishment and the
explain penology as a division of treatment of criminals and youthful offenders.
criminology. The fourth is the criminalistics division which
discuss the scope of criminalistics is the study of criminal things. The last division
and how it helps the field of is victimology which is the study of victim.
criminology.
differentiates victim precipitation,
Criminal Etiology
victim facilitation and victim.
provocation form each other.
Criminal Etiology is the division of
identify the different personalities
criminology which attempts to provide scientific
that pioneered the study of
analysis of the causes of crimes. It is otherwise
victimology.
known as the area of CRIMINOGENESIS or
identify and explain the theories of
CRIME CAUSATION. The term eitiology comes
victimization.
from the Greek word “etio” which means causation and “ology” which means the sceintic study
of something.
As regards any attempt at scientific studies of the causes of crime, two things or objects
should be considered, and these are man and his criminal behavior, in relation to criminal or
penal law which is defined as that branch or division of public law which defines crimes, treats
of their nature, and provides for their punishment.
NOTA BENE: Causes of Crime refers to the factors or circumstances that apply significantly
more to offenders than to non-offenders and that potentially a direct but not necessarily
immediate link to crime.
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2. Psychogenic Approach - Psychologist investigators are pursing the psychogenic
approach to the criminology behavior, in which the emphasis is based on linking criminal
behavior to mental state, especially mental evidence disease; mental disorders,
pathologies, and emotional problems and they repeatedly assert that crime is outcome of
criminal mind. The root cause of the criminal behavior neither environmental nor
biological than question seems to be unclear.
2. Multiple Factor Theory - This approach views that criminal conduct is not a product
of a single cause or factor but a combination of several factors. Some factors are playing
a major reason while the other is playing the minor role. This is the accepted theory of
crime causation.
3. Electric Theory - is approach views that criminal behavior at one or more factors, while
in other instances it is cause by another set of factors.
2. Crime is caused by Divine Will - Men manifest criminal behavior because they are
sinful so God wants to punish them. During the ancient period criminals are given the
right of sanctuary whereby they can seek refuge in the temples of God so that they will
be free from prosecution and punishment. Early American system of prison management
does not allow inmates to talk with one another or prisoners are place in single cell so as
to give them opportunity to ask for forgiveness from God.
3. The explanation that crime is the result of the free will of men (Classical
school of though by BECARRIA)- According to criminologist Bacarria, men are
fundamentally a biological organism with intelligence and rationality which control
their behavior. Before men do something (commit crimes), they try to determine the
amount of pain they will suffer and the amount of pleasure they will receive. Their
future actions will depend on the algebraic sum of the two considerations if there will
be more pain than pleasure, they will desist from doing the act. Finally, crime is cause
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by the rational effort of men to augment their pleasure and to minimize their pains.
4. The explanations that crime us result of the free will of men but were
committed due to some compelling reasons prevailed (Neo-classical School of
Thought) - This explanation accepts the fact that crimes are committed in accordance
with the free will of men but the act of committing a crime is modified by some causes
that finally prevail upon the person to commit crimes. These causes are pathology,
incompetence, insanity or any condition that will like it possible for the individual to
exercise the free will entirely. In the study of legal provision this is termed as either
mitigating or exempting circumstances.
A. SUBJECTIVE APPROACH - This approach derived mainly from the biological, has
sought for the explanation of crime in the form of abnormalities or aberration that
primarily exist within the criminal himself.
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3. BIOLOGICAL APPROACH – It explains inheritance as a cause of crime. It also
proposes that human beings commit crime because of internal factors over which they
have little or no control.
B. OBJECTIVE APPROACH - It is derived from the social science point of view that
offenders are normal beings upon who have played the external criminogenic
forces. It deals with the study of groups, social process and institutions as
productive deviant behaviour.
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E. CRIME PATTERNS
A. ECOLOGY AND CRIME- Most reported crimes occur during the warm summer
months.
B. POPULATION DENSITY AND CRIME - Large urban areas have by far the highest
violence rates, areas with low per capital crime rates tend to be rural.
D. SOCIAL CLASS AND CRIME- Traditionally, crime has been thought of as a lower
class phenomenon. After all, people at the lowest rungs of the social structure have the
greatest incentive to commit crimes. Those unable to obtain desired goods and services
through conventional means may consequently resort to theft and illegal means. These
activities are referred to as Instrumental crimes. Those living in poverty are also believed
to engage in disproportionate amount of Expressive crimes.
E. AGE AND CRIME- There is general agreement that age is inversely related to
criminality. Criminologists Travis Hirschi and Michael Gottfredson state “Age is
everywhere correlated with crime. Its effect on crime does not depend on other
demographic correlates of crime.” Regardless of status, younger people commit crime
more often than their older peers. James Q. Wilson and Richard Herrnstein argue that
aging out is a function of the natural history of human life cycle. Deviance in adolescence
is fueled by the need for money and sex reinforced by close relationships with peers who
defy conventional morality
EARLY ONSET- People who commit crimes at a very early age and who establish
official criminal records are most likely to become chronic offenders.
F. GENDER AND CRIME- male crime rates are generally higher than those females.
Lombroso’s book, the female offender argued that in physical appearance and emotional
makeup, delinquent females appear closer to men than to other women. This theory is
known as Masculinity hypothesis; In essence, a few masculine females were responsible
for the handful of crimes women commit. The female’s criminality was often masked
because authorities were reluctant to take action against women. This is known as
Chivalry hypothesis. While Liberal feminist theory focused attention on the social and
economic role of a woman. This view suggests that the traditionally lower crime rate for
women could be explained by their second class economic and social position.
CRIMINAL CAREERS- Crime data show that most offenders commit a single criminal
act, and upon arrest discontinue their antisocial activity. Others commit a few less
serious crimes. A small group of criminal offenders, however account for a majority of all
criminal offenses. These persistent offenders are referred to as career criminals or
chronic offenders. Kids who had been exposed to a variety of personal and social problems
at an early age are the most at risk to repeat offending. (Marvin Wolfgang, Delinquency
in a birth cohort)
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Criminologist has accepted that criminality tendencies and behavior could be influenced by
social conditions. This one factor seems to account largely for the crime rate situations in the
Philippines although crimes committed are invariably associated with some of the following
contributing factors such as:
1. Social conditions
2. Economic
3. Environment
4. Cultural influences and
5. Individual personal temperaments
The sociology of law refers to the sociological study of law and law-related phenomena,
whereby law is typically conceived as the whole of legal norms in society as well as the practices
and institutions that are associated with those norms. Dating back to the classic works by Emile
Durkheim and Max Weber, the sociology of law has partly also evolved in conjunction with
intellectual efforts within legal scholarship, where a specialty of sociological jurisprudence
developed. The sociology of law was for some time primarily part of the multidisciplinary field
of law-and-society studies or the law and society movement, but it has in more recent years
grown into a relatively autonomous branch of theory and research in sociology. It is from within
the theoretical and methodological contours of the sociological discipline that the sociology of
law derives its unique approach and value as a contribution to the social-scientific study of law.
The number, quality, and variety of available writings in and about the sociology of law reflect
its scholarly and institutional growth as a respected sociological specialty.
The sociology of law, a new science, studies human behavior in society in so far as it is
determined by commonly recognized ethico-legal norms, and in so far as it influences them.
It is the divisions of criminology which attempt to offer scientific analysis of the conditions
under which penal or criminal laws develop as a process of formal social control.
Sociology of law refers to both a sub-discipline of sociology and an approach within the field
of legal studies. Sociology of law is a diverse field of study which examines the interaction of
law with other aspects of society: such as the effect of legal institutions, doctrines, and practices
on other social phenomena and vice versa.
C. LAW defined
In its most generic signification as an ordinance of reason promulgated for the common good
by him who is in charge. To be useful and fair, law has to be promulgated, i.e., made known to
those who are expected to follow it.
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1. NATURAL LAWS - Promulgated impliedly in our conscience and body. Rooted in core
values shared by many cultures. Natural laws protect against harm to persons (e.g. murder,
rape, assault) or property (theft, larceny, robbery), and form the basis of common law
systems.
EXAMPLES:
A. NATURAL MORAL LAW - applies to our higher faculties. Example: Do good and avoid
evil.
B. LAW OF NATURE - Applies to both our higher and lower faculties. Example: the law
of gravity.
NATURAL RIGHTS – thoughts that individuals retain in the face of government action
and interests.
Thomas Jefferson – wrote of inalienable rights to “life, liberty, property,” – such rights
were naturally due all men and women because they were inherent in the social contract
between citizens and their government.
Examples:
24
Penology
The Correctional system in the Philippines is composed of agencies under three (3) distinct
and separate executive department of the national government, namely:
A. PENOLOGY defined
Penology is the study of punishment for crime or of criminal offenders. It includes the study
of control and prevention of crime through punishment of criminal offenders.
E. CORRECTION defined
It is that field of criminal justice administration which utilizes the body of knowledge and
practices of the government and the society in general involving the process of handling
individuals who have been convicted of offenses for purposes of crime prevention and control.
25
It is a generic term that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders.
CORRECTION as one of the pillars of the criminal justice system is considered as the
weakest pillar.
REASONS:
1. Its failure to deter individuals in committing crimes.
2. Its failure to reform of inmates.
This is an evident in the increasing number of inmates in jails or prisons. Hence, the need
for prison management to rehabilitate inmates and transform them to become law-abiding
citizens after their release is necessary.
The 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
no-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.
26
K. JAIL AND PRISON
Jail defined - Institution of the confinement of persons who are awaiting final
disposition of their criminal cases and also for the service of those convicted and punished with
shorter sentences, up to 3 years
Prison defined - Institution for the confinement of persons who have been convicted by
final judgement by the court in which the penalty is more than 3 years
Jail Prison
Penalty up to 3 years Penalty more than 3 years
Convicted or pending trial Only convicted
Provincial Jail is under provincial Prisons are under the Bureau of Corrections
government, Municipal and City District
Jail are under Bureau of Jail Management
and Penology
Headed by a Warden Headed by a Superintendent
M. PUNISHMENT defined
Punishment is the redress that the state takes against an offending member of society
that usually involved pain and suffering. It is also the penalty imposed on an offender for a
crime or wrong doing.
2. UNIFORMITY- “we treat the prisoners alike”, “the fault of one is the fault of all”.
4. MONOTONY- giving the same food that is “off” diet, or requiring the prisoners to
perform drab or boring daily routine.
6. MASS MOVEMENT- mass living in cell blocks, mass eating, mass recreation, mass
bathing.
27
7. DEGRADATION- uttering insulting words or languages on the part of the prison staff
to the prisoners to degrade or break the confidence of the prisoners.
2. IMPRISONMENT- Putting the offender in prison for the purpose of protecting the
public against criminal activities and at the same time rehabilitating the prisoners by
requiring them to undergo institutional treatment programs.
5. DESTIERRO- the penalty of banishing a person from the place where he committed a
crime, prohibiting him to get near a center the 25- kilometer perimeter.
NOTA BENE: Ancient Rome is the nation who pioneered banishment as a form of
punishment.
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Q. CHARACTERISTIC OF PUNISHMENT
1. It must be Severe
2. It must be Uniform
3. It must be Certain
4. It must be Swift
R. PENALTY defined
It is defined as the suffering inflicted by the state against an offending member for the
transgression of law.
T. DURATION OF PENALTIES
1. Death Penalty – Capital punishment
2. Reclussion Perpetua – Life imprisonment, a term of 20-40 years imprisonment
3. Reclussion Temporal – 12 yrs and 1 day to 20 yrs imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12 yrs imprisonment
5. Prision Correctional – 6 months and 1 day to 6 yrs imprisonment
6. Arresto Mayor – 1 month and 1 day to 6 months imprisonment
7. Arresto Menor– 1 day to 30 days imprisonment
8. Bond to keep the Peace – discretionary on the part of the court
9. Destierro
Criminalistics
Criminology and criminalistics are often mixed up in the minds of the people. Comparatively
speaking, criminology is the study of criminal people, and criminalistics is the study of criminal
things, or the sum total of the application of all sciences in crime detection. A criminal commits
crime by means of things, or that something he left in the crime scene. These things he used in
these crimes or that something he left in the crime scene which are the objects of criminalistics
are known as physical evidence.
A. CRIMINALISTIC defined
Criminalistic is formerly known as FORENSIC CHEMISTRY. It is the study of “criminal
things” or the scientific examination of physical evidence though laboratory work. It is the sum
total of the application of all sciences in crime detection.
29
NOTA BENE:
The term Criminalistics (Kriminalistik) was first used by Hans Gross in 1891.
The most important concept in criminalistics is identification or
individualization (Paul Kirk)
A criminal commits crime by means of things, or he leaves something in the crime scene.
These things he used in his crime or that something he left in the crime scene w/c are the
subjects of criminalistics are known as “Physical Evidence”.
Physical evidence is also the number one provider of extraordinary clearances, where
police can link different offenses at different times and places with the same offender.
Working with physical evidence means being aware at all times of what the prosecutor needs
to win the case in court. This means knowing the types of evidence and the laws of evidence.
This physical evidence includes but not limited to the following:
1. Blood and bloodstain
2. Firearms and other deadly weapons
3. Fingerprints and footprints
4. Tool marks and many more
NOTA BENE:
Physical evidence is part of the "holy trinity" for solving crimes -- physical
evidence, witnesses, and confessions. Without one of the first two, there is little
chance of even finding a suspect. In homicide and sexual assault cases, physical
evidence is the number one determinant of guilt or innocence.
2. Associative Evidence- Evidence found in the crime scene that links the suspects to
the crime scene.
3. Tracing Evidence – Any Articles or Evidence w/c assist the investigator in locating the
suspects.
CRIMINOLOGIST defined
Any person who is a graduate with the Degree of Criminology, who passed the
examination for criminologist and is registered as such by the Board of Examiners of the
Professional Regulation Commission. The term criminologist is one who has been engaged
in the practice of criminology if he holds himself out to the public in any of the following
capacities under Section 23 of Republic Act No. 6504.
30
CRIMINALIST defined
Any trained person in sciences of the application of instruments and methods, to the
detection of crime.
Physical evidences are variable. Some are visible; some are very small and have to be
looked for with a microscope. Some must be tested with application of chemicals in order to
find out what they are. Some physical evidences such as latent prints are not visible and
have to be dusted with powders or examined and searched with special lights to be
visualized.
NOTA BENE:
ENGLISH TRANSLATION OF HIS BOOK: A handbook for examining
magistrates, police officials, military policemen, etc.
F. DIVISIONS OF CRIMINALISTICS
There are six (6) divisions of criminalistics. The first three (3) are scientific and the other
Five (5) are technological. In both cases, instrumentation is involved.
NOTA BENE:
INSTRUMENTATION is the application of instruments and methods of
criminalistics to the detection of crime. It is the sum total of the application of all
sciences in crime detection, otherwise known as criminalistics although
instrumentation means more than criminalistics because it includes all technical
methods by which the fugitives may be traced, identified and examined.
I. SCIENTIFIC DIVISION– Scientific subject require the study of science and mathematics
before practical training in the laboratory. The scientific subject are:
a. CHEMISTRY - The original name for criminalistics is Forensic Chemistry, which shows
the importance and significant role of the chemist in the field of criminalistics. A chemist
includes the following exertion but not limited to alcoholic analysis, toxicology, narcotic and
substance abuse testing, firearms discharge residues, identification of paint chips, chemical
development of latent fingerprints and all types of analysis through the use of chemical
reagents and electronic instruments.
b. PHYSICS - The duties of a physicist in a crime laboratory include but not limited to
31
firearms identification, tool mark comparison, scientific photography, traffic or vehicular
accidents for the purpose of finding out the speed and direction of vehicles, and use of X-rays
to the detection of crime.
c. BIOLOGY - Biology is the study of living things. The science that deals with the origin,
history, physical characteristics, life, processes, habits, etc. of plants and animals. The
biologists in a police laboratory study all kinds of living things- blood, semen, urine, hairs,
and skin. He is particularly skilled in the use of a microscope. His most important role in
criminalistics is to examine bloodstains in order to find out if they are of human or animal
origin.
BALLISTICS defined- it means a branch of engineering that deals with the study of the
art of throwing missiles by means of a machine. It also deals with the study of the motion of
projectiles in flight.
32
FIREARMS EXAMINER - concerned with the findings of whether a bullet or cartridge was
fired from one and the same firearm alleged to have been used in the commission of crime.
It also tries to find out how far away the suspect when he fired his victim. They can help the
investigator as to make, model and kind of weapon used by the perpetrator in the
commission of crime and can help the pathologist decide from a study of wounds on how the
weapon was held when he fired at the victim.
33
What is victimology?
The term victimology is not new. In fact, Benjamin Mendelsohn first used it in 1947 to
describe the scientific study of crime victims. Victimology is often considered a subfield of
criminology, and the two fields do share much in com- mon. Just as criminology is the study of
criminals—what they do, why they do it, and how the criminal justice system responds to
them—victimology is the study of victims. Victimology, then, is the study of the etiology (or
causes) of victimization, its consequences, how the criminal justice system accommodates and
assists victims, and how other elements of society, such as the media, deal with crime victims.
Victimology is a science; victimologists use the scientific method to answer questions about
victims. For example, instead of simply wondering or hypothesizing why younger people are
more likely to be victims than are older people, victimologists conduct research to attempt to
identify the reasons why younger people seem more vulnerable.
Andrew Karmen, who wrote a text on entitled Crime Victims: An Introduction to
Victimology in 1990, broadly defined victimology: Victimology is the scientific study of
victimization, including the relationships between victims and offenders, the interactions
between victims and the criminal justice system — that is, the police and courts, and corrections
officials — and the connections between victims and other societal groups and institutions,
such as the media, businesses, and social movements.
From this definition, we can see that victimology encompasses the study of:
1. victimization
2. victim-offender relationships
3. victim-criminal justice system relationships
4. victims and the media
5. victims and the costs of crime
6. victims and social movements
34
were recognized as being harmed by crime, and their role in the criminal justice process has
evolved over time.
Before and throughout the Middle Ages (about the 5th through the 16th century), the
burden of the justice system, informal as it was, fell on the victim. When a person or property
was harmed, it was up to the victim and the victim’s family to seek justice. This was typically
achieved via retaliation. The justice system operated under the principle of lex talionis, an eye
for an eye. A criminal would be punished because he or she deserved it, and the punishment
would be equal to the harm caused. Punishment based on these notions is consistent with
retribution. During this time, a crime was considered a harm against the victim, not the state.
The concepts of restitution and retribution governed action against criminals. Criminals were
expected to pay back the victim through restitution. During this time, a criminal who stole a
person’s cow likely would have to compensate the owner (the victim) by returning the stolen
cow and also giving him or her another one.
Early criminal codes incorporated these principles. The Code of Hammurabi was the
basis for order and certainty in Babylon. In the code, restoration of equity between the offender
and victim was stressed. Notice that the early response to crime centered on the victim, not the
state. This focus on the victim continued until the Industrial Revolution, when criminal law
shifted to considering crimes violations against the state rather than the victim. Once the victim
ceased to be seen as the entity harmed by the crime, the victim became secondary. Although
this shift most certainly benefited the state—by allowing it to collect fines and monies from
these newly defined harms—the victim did not fare as well. Instead of being the focus, the crime
victim was effectively excluded from the formal aspects of the justice system.
Since then, this state-centered system has largely remained in place, but attention—at
least from researchers and activists—returned to the crime victim during the 1940s. Beginning
in this period, concern was shown for the crime victim, but this concern was not entirely
sympathetic. Instead, scholars and others became preoccupied with how the crime victim
contributes to his or her own victimization. Scholarly work during this period focused not on
the needs of crime victims but on identifying to what extent victims could be held responsible
for being victimized. In this way, the damage that offenders cause was ignored. Instead, the
ideas of victim precipitation, victim facilita- tion, and victim provocation emerged.
35
would be a victim who facilitated her own victimization. This woman is not blameworthy—the
offender should not steal, regardless of whether the purse is in plain view. But the victim’s
actions certainly made her a likely target and made it easy for the offender to steal her purse.
Unlike precipitation, facilitation helps understand why one person may be victimized over
another but does not connote blame and responsibility.
Victim provocation – It occurs when a person does something that incites another
person to commit an illegal act. Provocation suggests that without the victim’s behavior, the
crime would not have occurred. Provocation, then, most certainly connotes blame. In fact, the
offender is not at all responsible. An example of victim provocation would be if a person
attempted to mug a man who was walk- ing home from work and the man, instead of willingly
giving the offender his wallet, pulled out a gun and shot the mugger. The offender in this
scenario ultimately is a victim, but he would not have been shot if not for attempting to mug
the shooter. The distinctions between victim precipitation, facilitation, and provocation, as you
probably noticed, are not always clear-cut. These terms were developed, described, studied, and
used in somewhat different ways in the mid-1900s by several scholars.
36
the "depressive type" who is an easy target, careless and unsuspecting. The "greedy type" is
easily duped because his or her motivation for easy gain lowers his or her natural tendency to
be suspicious. The "wanton type" is particularly vulnerable to stresses that occur at a given
period of time in the life cycle, such as juvenile victims. The "tormentor," is the victim of attack
from the target of his or her abuse, such as with battered women.
Benjamin Mendelsohn
Known as the father of victimology, Benjamin Mendelsohn coined the term for this
area of study in the mid-1940s. As an attorney, he became interested in the relationship
between the victim and the criminal as he conducted inter- views with victims and witnesses
and realized that victims and offenders often knew each other and had some kind of existing
relationship. He then created a classification of victims based on their culpability, or the degree
of the victim’s blame. His classification entailed the following:
1. Completely innocent victim: a victim who bears no responsibility at all for
victimization; victimized simply because of his or her nature, such as being a child
2. Victim with minor guilt: a victim who is victimized due to ignorance; a victim who
inadvertently places himself or herself in harm’s way
3. Victim as guilty as offender/voluntary victim: a victim who bears as much
responsibility as the offender; a person who, for example, enters into a suicide pact
4. Victim more guilty than offender: a victim who instigates or provokes his or her own
victimization
5. Most guilty victim: a victim who is victimized during the perpetration of a crime or as
a result of crime
6. Simulating or imaginary victim: a victim who is not victimized at all but, instead,
fabricates a victimization event
Mendelsohn’s classification emphasized degrees of culpability, recognizing that some
victims bear no responsibility for their victimization, whereas others, based on their behaviors
or actions, do.
Stephen Schafer
One of the earliest victimologists, Stephen Schafer (1968) wrote The Victim and His
Criminal: A Study in Functional Responsibility. Much like von Hentig and Mendelsohn, Schafer
also proposed a victim typology. His typology places victims in groups based on how responsible
they are for their own victimization, using both social characteristics and behaviours.
37
Marvin Wolfgang
The first person to empirically investigate victim precipitation was Marvin Wolfgang
(1957) in his classic study of homicides occurring in Philadelphia from 1948 to 1952. He
examined some 558 homicides to see to what extent victims precipitated their own deaths. In
those instances in which the victim was the direct, posi- tive precipitator in the homicide,
Wolfgang labeled the incident as victim precipitated. For example, the victim in such an
incident would be the first to brandish or use a weapon, the first to strike a blow, and the first
to initiate physical violence. He found that 26% of all homicides in Philadelphia during this
period were victim precipitated.
Beyond simply identifying the extent to which homicides were victim precipitated,
Wolfgang also identified those factors that were common in such homicides. He determined that
often in this kind of homicide, the victim and the offender knew each other. He also found that
most victim-precipitated homicides involved male offenders and male victims and that the
victim was likely to have a history of violent offending himself. Alcohol was also likely to play
a role in victim-precipitated homicides, which makes sense, especially considering that
Wolfgang determined these homicides often started as minor altercations that escalated to
murder.
Since Wolfgang’s study of victim-precipitated homicide, others have expanded his
definition to include felony-related homicide and subintentional homicide. Subintentional
homicide occurs when the victim facilitates his or her own demise by using poor judgment,
placing himself or herself at risk, living a risky lifestyle, or using alcohol or drugs. Perhaps not
surprising, a study of subintentional homicide found that as many as three-fourths of victims
were subintentional (N. H. Allen, 1980).
Menachem Amir
The crime of rape is not immune to today's victim-blaming and it was certainly not in the
past either. Menachem Amir, a Wolfgang 's student, conducted an empirical investigation of
reported rape incidents to the police. Like Wolfgang, he conducted his study using Philadelphia
data, though he examined rapes that took place between 1958 and 1960. He investigated to
what extent victims had their own rapes precipitated and identified common attributes of
victim-precipitated rape. Amir has labeled nearly one in five rapes as a precipitated victim. He
found that these violations were likely to involve alcohol and the victim was likely to engage in
seductive behaviour, wear revealing clothes, use risky language, and have a bad reputation.
What Amir also determined was that it is the interpretation of actions by the offender
that matters, rather than what the victim is actually doing. The offender may see the victim —
his actions, words, and clothing — as contrary to what he deems appropriate female behaviour.
In this way, in terms of how women should behave sexually, the victim can be seen as "bad”.
Because of his misguided view of how women should act, he may then choose to rape her,
because he thinks she deserves it or because he thinks she has it coming to her. The study by
Amir has been quite controversial — it has been attacked for blaming victims, namely women,
for their own victimisation. Today victims of rape and sexual assault still have to overcome that
view that women (because these victims are usually female) are largely responsible for their
own victimization.
Theories of Victimization
The second generation of theorists shifted attention from the victim's role to emphasizing
a situational approach focused on explaining and testing how everyday lifestyles and routine
activities create opportunities for victimization. The emergence of both these theoretical
perspectives is one of the most important developments in victimology.
38
Using data from the 1972–1974 NCS, Hindelang, Gottfredson, and Garofalo (1978)
noticed that certain groups of people, namely, young people and males, were more likely to be
criminally victimized. They theorized that an individual’s demographics (e.g., age, sex) tended
to influence one’s lifestyle, which in turn increased his or her exposure to risk of personal and
property victimization. For instance, according to Hindelang et al., one’s sex carries with it
certain role expectations and societal constraints; it is how the individual reacts to these
influences that determines one’s lifestyle. If females spend more time at home, they would be
exposed to fewer risky situations involving strangers and hence experience fewer stranger-
committed victimizations.
Using the principle of homogamy, Hindelang et al. (1978) also argued that lifestyles that
expose people to a large share of would-be offenders increase one’s risk of being victimized.
Homogamy would explain why young persons are more likely to be victimized than older people,
because the young are more likely to hang out with other youth, who commit a disproportionate
amount of violent and property crimes.
Routine activities theory does not attempt to explain participation in crime but instead
focuses on how opportunities for crimes are related to the nature of patterns of routine social
interaction, including one’s work, family, and leisure activities. So, for example, if someone
spends time in public places such as bars or hanging out on the streets, he or she increases the
likelihood of coming into contact with a motivated offender in the absence of a capable guardian.
The supply of motivated offenders is taken as a given. What varies is the supply of suitable
targets (e.g., lightweight, easy-to-conceal property, such as cell phones and DVD players, or
drunk individuals) and capable guardians (e.g., neighbors, police, burglar alarms).
3. Empirical Support
Researchers commonly have used lifestyle exposure and routine activity theories to test
hypotheses about how individuals’ daily routines expose them to victimization risk. These
theories have been applied principally to examine opportunities for different types of personal
and property victimizations using diverse samples that range from school-age children, to
college students, to adults in the general population across the United States and abroad. The
data are generally supportive of the theories, although not all studies fully support the theories.
One of the first studies of opportunity theories for predatory crimes was conducted by
Sampson and Wooldredge (1987), who used data from the 1982 British Crime Survey (BCS).
39
Their findings showed that individual and household characteristics were significant predictors
of victimization, as were neighborhood-level characteristics. For example, although age of the
head of the household was an important indicator of burglary, the percentage of unemployed
persons in the area also predicted burglary. Sampson and Wooldredge’s multilevel opportunity
model was among the first to test lifestyle and routine activity theories. Multilevel modeling of
lifestyle exposure and routine activity theories continues to draw the attention of scholars
seeking to test how both individual characteristics and macrolevel ones—for example,
neighborhood characteristics— frame victimization opportunities (see Wilcox, Land, & Hunt,
2003).
1. file:///D:/Intro%20to%20criminology/Approaches%20to%20Criminology.pdf
What are various kinds of approaches to criminology? By Munir Ahmad Mughal
2. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5572&cont
ext=jclc (Evaluation of Physical Evidence in Criminalistics: Subjective or Objective
Process)
3. https://shodhganga.inflibnet.ac.in/bitstream/10603/132448/10/10_chapter%202.pdf
(CONCEPT OF VICTIMOLOGY)
4. https://booksite.elsevier.com/samplechapters/9780123740892/Sample_Chapters/02~Cha
pter_1.pdf (Victimology: A Brief History with an Introduction to Forensic Victimology)
40
LEARNING CHECK NO. 2.1
Name: _____________________________________Score:_____/______Remark:__________________
Course/Level/Section:_________________Schedule:____________________________Date:________
ID No.: ______________________________
I: MULTIPLE CHOICE. Write the letter of your choice before the number. Any forms of erasure will
invalidate your answer. Use only small letters. (2 pts each)
1. Criminal Etiology is otherwise known as the area of ______________.
a. Criminalistic c. Criminogenesis
b. Criminaloids d. All of the above
2. Applies to both our higher and lower faculties.
a. Natural laws c. Law of nature
b. Natural moral law d. Positive law
3. Crime is one instance maybe caused by one or more factors, while in other instances it is cause
by another set of factors.
a. Unitary Cause c. Electric Theory
b. Multiple Factor d. None of the above
4. It refers to the factors or circumstances that apply significantly more to offenders than to non-
offenders and that potentially a direct but not necessarily immediate link to crime.
a. Criminality c. Cause of Crime
b. Sociology of Law d. Victimology
5. Those enacted by legislatures and reflect current cultural mores, albeit that some laws may be
controversial, e.g. laws that prohibit marijuana use and gambling.
a. Divine positive law c. Human positive law
b. Divine human positive law d. Positive Law
6. This approach derived mainly from the biological, has sought for the explanation of crime in the
form of abnormalities or aberration that primarily exist within the criminal himself.
a. Subjective Approach c. Contemporary Approach
b. Objective Approach d. All of the above
7. The accepted theory of crime causation.
a. Unitary Cause c. Electric Theory
b. Multiple Factor d. None of the above
8. It focused on the psychoanalytical, psychiatric and sociological explanations crime.
a. Subjective Approach c. Contemporary Approach
b. Objective Approach d. All of the above
9. It is the division criminology which attempts to provide scientific analysis of the causes of crimes.
a. Criminal Etiology c. Penology
b. Sociology of Law d. Criminalistics
10. This view suggests that the traditionally lower crime rate for women could be explained by their
second class economic and social position.
a. Chivalry hypothesis c. Liberal feminist theory
b. Masculinity hypothesis d. All of the above
11. Delinquent females appear closer to men than to other women.
a. Chivalry hypothesis c. Liberal feminist theory
b. Masculinity hypothesis d. All of the above
12. The female’s criminality was often masked because authorities were reluctant to take action
against women.
a. Chivalry hypothesis c. Liberal feminist theory
b. Masculinity hypothesis d. All of the above
13. Criminologists maintained that many delinquents and criminals have a below average
intelligence quotient and that low IQ is a cause of their criminality. This pertains to what criminal
patterns?
a. Ecology and crime c. Social class and crime
b. Population density and crime d. Intelligence and crime
14. Large urban areas have by far the highest violence rates, areas with low per capital crime rates
41
tend to be rural. This pertains to what criminal patterns?
a. Social Class and Crime c. Ecology and Crime
b. Population Density and Crime d. Age and Crime
15. It is the divisions of criminology which attempt to offer scientific analysis of the conditions under
which penal or criminal laws develop as a process of formal social control.
a. Criminal Etiology c. Penology
b. Sociology of Law d. Criminalistics
16. The ten (10) Commandments are___________.
a. divine human positive law c. human positive law
b. divine positive law d. all of the above
17. It is promulgated impliedly in our conscience and body.
a. Natural law c. Either
b. Positive law d. Neither
18. It is a reasonable rule of action, expressly or directly promulgated by competent human authority
for the common good, and usually, but not necessarily, imposing a sanction in case of disobedience.
a. Natural Moral Law c. Human Positive Law
b. Divine Positive Law d. Law of Nature
II: MATCHING TYPE- Match Column A to Column B. Write the letter of your choice before the
number. Use only Capital Letter. (2 pts. each)
Column A Column B
1. Psychiatric Approach a. Compare the physical characteristics of the individual offender to non-
2. Anthropological Approach offenders.
3. Psychological Approach b. Explains the role of physical and mental conditions of the individual
4. Medical Approach prior or after the commission of the criminal acts.
5. Economic Approach c. Concerned with the influences on behavior of group life, including rules
6. Geographical Approach and statutes, social classes and social mobility, subculture, cliques and
7. Psychoanalytical Approach social changes.
8. Biological Approach d. Explains that the cause of behavioral difficulties is to be found in
9. Physiological Approach emotional tension originating in early life conflict
10. Ecological Approach e. Concerns itself with the biotic grouping of men thus, resulting from
11. Sociological and Cultural migration competition and division of labor.
Approach f. Financial hardship is one of the primary causes of criminality.
g. Considers climate as one of the factors that lead individuals to do a
criminal act.
h. It explains inheritance as a cause of crime.
i. Traces behavior as a deviation to the repression of basic drives and
needs
j. Explains that, instinctively, it is the nature of a human being to acquire
all the physical needs in order to satisfy all his wants.
k. Intelligence, emotion and education of the individual must be taken
into consideration in relation to the wrongful act.
42
LEARNING CHECK NO. 2.2
Name: _____________________________________Score:_____/______Remark:__________________
Course/Level/Section:_________________Schedule:____________________________Date:________
ID No.: ______________________________
I: MULTIPLE CHOICE. Write the letter of your choice before the number. Any forms of
erasure will invalidate your answer. Use only small letters.
1. Punishment in the form of group vengeance where the purpose is to appease the offended
public or group. This refers to what justification of punishment?
a. Expiation c. Deterrence
b. Retribution d. Incapacitation
2. Penology is derived from the Greek word “POINE” which means _________.
a. punishment c. penalty
b. pain or suffering. d. all of the above
3. In connection with the above question, penology is otherwise known as__________.
a. forensic science c. penal science
b. applied science d. social science
4. The penal Colony located in Occidental Mindoro.
a. San Ramon Penal Farm c. Sablayan Penal Colony
b. Davao Penal Colony d. Iwahig Penal Colony
5. The duration of this penalty is 12 years and 1 day to 20 years of imprisonment.
a. Reclusion Perpetua c. Prision Correctional
b. Reclusion Temporal d. Prision Mayor
6. It refers to the manner or practice of managing or controlling places of confinement as in
jails or prisons.
a. Correctional administration c. Penology
b. Penal Management d. Correction
7. Institution of the confinement of persons who are awaiting final disposition of their criminal
cases and also for the service of those convicted and punished with shorter sentences, up to
3 years
a. Colony c. prison
b. Jail d. All of the above
8. It is the study of punishment for crime or of criminal offenders.
a. Correction c. Penal management
b. Penology d. Correctional Administration
9. It is defined as the suffering inflicted by the state against an offending member for the
transgression of law.
a. Punishment c. Pain
b. Penalty d. Suffering
10. It refers to the ancient form of punishment that imposes brutal punishment or employing
physical force to intimidate a delinquent inmate.
a. Degradation c. Corporal Punishment
b. Mass movement d. Solitary Confinement
11. It is the establishment of the usefulness and responsibility of the offender.
a. Rehabilitation c. Deterrence
b. Incapacitation d. Atonement
12. A juridical condition of penalty which means no one must escape its effects.
a. Equal c. Certain
b. Personal d. legal
13. It is the cornerstone of personal identification.
43
a. Firearms Identification c. Question Document
b. Fingerprint Identification d. Photography
14. What is the original name of criminalistic?
a. Forensic science c. Criminal Anthropology
b. Forensic chemistry d. Applied criminology
15. The "holy trinity" for solving crimes.
a. Information, Interview and Instrumentation
b. Physical evidence, witnesses, and confessions
c. Biology, Chemistry and Physics
d. Intent, opportunity and instrumentation
16. It is the sum total of the application of all sciences in crime detection.
a. Criminal Etiology c. Dactyloscopy
b. Criminalistic d. Penology
17. It refers to the articles and materials which are found in connection with the investigation
and w/c aid in establishing the identity of the perpetrator or the circumstances under w/c
the crime was committed.
a. Physical evidence c. Documentary evidence
b. Testimonial evidence d. Object evidence
18. It is usually learned directly by practical training in the laboratory thru the supervision of
an experienced examiner.
a. Scientific Division c. Either
b. Technological Division d. Neither
19. Who is the Father of Criminalistic?
a. Sutherland c. Bertillon
b. Lombroso d. Gross
20. The most important concept in criminalistics.
a. Collection c. Evaluation
b. Identification d. Preservation
21. It refers to the study of criminal things.
a. Criminal Sociology c. Criminal etiology
b. Criminal anthropology d. Criminalistic
22. It deals with the study regarding comparison and identification of weapons alleged to have
been used in the commission of crime.
a. Polygraphy c. Fingerprint Identification
b. Firearms Identification d. Question Document
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LEARNING CHECK NO. 2.3
Name: _____________________________________Score:_____/______Remark:__________________
Course/Level/Section:_________________Schedule:____________________________Date:________
ID No.: ______________________________
MATCHING TYPE. Find the correct description of the types of victim in Column A in Column
B. Write your answer before the numner.
Column A Column B
Types of victim Description
1. Wanton type a. victim of attack from the target of his or her abuse.
2. Mentally defective b. easy target, careless and unsuspecting
3. Simulating c. victimized due to their social status and inability to
activate assistance in the community
4. Completely innocent d. bears as much responsibility as the offender
5. Young type e. easily duped because his or her motivation for easy
gain
6. Victim with minor guilt f. a victim who instigates or provokes his or her own
victimization.
7. Blocked type g. vulnerable to stresses that occur at a given period of
time in the life cycle
8. Tormentor h. victimized because of their ignorance or risk taking
9. Immigrants and i. not victimized at all but, instead, fabricates a
minorities victimization event
10. Depressive type j. victimized because they do not recognize or
appropriately respond to threats in the environment
11. Voluntary victim k. a victim who is victimized during the perpetration of
a crime
12. Victim more guilty l. victims are those who are enmeshed in poor decisions
than offender and unable to defend themselves
13. Most guilty victim m. a victim who inadvertently places himself or herself
in harm’s way.
14. Greedy type n. bears no responsibility at all for victimization
45
Chapter Three
Pioneers in the Study of Criminology
“Let Us Be Grateful
Today we give our thanks most of all, for the ideals of honor and faith we inherit from our
forefathers - for the decency of purpose, steadfastness of resolve and strength of will, for the
courage and the humility, which they possessed and which we must seek every day to emulate.
As we express our gratitude, we must never forget that the highest appreciation is not to utter
words but to live by them.”
― John F. Kennedy
Introduction
DOALPHE QUETELET
(1796-1874)
In full Lambert Adolphe Jacques Quetelet.
Along with Andre-Michel Guerry, he helped to establish
the Cartographic School and positivist schools of
criminology which made extensive use of statistical
techniques. Through statistical analysis, they gained
insight into the relationships between crime and other
social factors. They were convinced that it was possible
to apply statistical techniques to the investigation of
social behavior. Both men were primarily interested in
unraveling the statistical laws underlying social
problems such as crime and suicide. This idea was
controversial at the time, because it contradicted
prevailing belief in free will. This was earliest attempt
to repudiate the free will doctrine of classicists. He made use of data and statistical analysis
to gain insight into relationship between crime and sociological factors. He found that age,
gender, poverty, education, and alcohol consumption were important factors related to crime
and social determinants of behavior. For this, he is called the first social criminologist.
He found that some people were more likely to commit crime than others, especially those
46
who were young, male, poor, unemployed, and undereducated. Young males were more likely
to commit crime under any circumstances, so that places with more young males tended to have
more crime. But places with more poverty and more unemployment actually had less crime. As
it turned out, the poor and unemployed tended to commit crimes in places where there were
many wealthy and employed people. Quetelet suggested that opportunities might have
something to do with explaining this pattern. He also pointed to an additional factor: the great
inequality between wealth and poverty in the same place excites passions and provokes
temptations of all kinds. This problem is especially severe in those places where rapidly
changing economic conditions can result in a person suddenly passing from wealth to poverty
while all around him still enjoy wealth. In contrast, provinces that were generally poor had less
crime as long as people were able to satisfy their basic needs. Quetelet found that people with
more education tended to commit less crime on the whole but they also tended to commit more
violent crime. He therefore argued that increased education itself would not reduce crime.
ALBERT K. COHEN
(1918-2014)
An American criminologist best known for his “Subculture
Theory” of delinquency. He claim that lower class cannot
socialized effectively as the middle class in what is considered
appropriate middle class behavior, thus the lower class gathered
together share their common problems, forming a subculture that
rejects middle class values. Cohen called this process as reaction
formation. Much of this behavior comes to be called delinquent
behavior, the subculture theory is called gang and the kids are
called delinquents. He put emphasis on the explanation of
prevalence, origin, process and purpose as a crime factors.
47
ALEC JOHN JEFFREYS
(1950-Present)
A fellow of the Royal Society, born on January 9, 1950 at Oxford
in Oxford shire is a British Geneticist, who developed techniques
for DNA fingerprinting and DNA profiling which are now used to
assist police detective work. DNA fingerprinting enabled police to
identify suspects of crimes based on their genetic identities.
Previous biologic techniques enabled only the exclusion of possible
suspects, not the identification of individuals. Jeffreys's technique
also enabled technicians to identify the father of a child in
paternity testing and and to resolve immigration disputes..
ALPHONSE BERTILLON
(1853-1914)
He was a French law enforcement
officer and biometrics researcher, a pioneer
in the arena of forensic science and is
known as the inventor of the first scientific
method of identifying criminals known as
anthropometry or the bertillion system
of identification. The sytem incorporates
a series of refined bodily measurements,
physical description, and photographs. It
use in describing individuals on the basis
of a catalogue of physical measurements,
includ ing standing height, sitting
height (length of trunk and head),
distance between fingertips with
arms outstretched, and size of head,
right ear, left foot, digits, and
forearm. In addition, distinctive personal
features, such as eye colour, scars, and deformities, were noted. It was use as a means of
identification, because the human skeleton is unchangeable after the 20 th year and because no
two individuals are alike in all dimensions; this method of identification received prominence
in 1800’s. Anthropometry was the first scientific system police used to identify criminals. Until
this time, criminals could only be identified based on eyewitness accounts, which are
known to be unreliable. However, the method was eventually supplanted by fingerprinting, ,
though it remains an excellent means of furnishing a minutely descriptive portrait, valuable to
investigators. He is known as the father of Scientific Detection.
He is also the inventor of the mug shot. Photographing of criminals began in the 1840s only
a few years after the invention of photography, but it was not until 1888 that Bertillon
standardized the process.
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AUGUST COMTE
(1798-1857)
In full Isidore-Auguste-Marie-François-Xavier Comte. He
is widely known as the “Father of Sciology” and founder of
positivism. According to Comte, societies pass through stages that
can be grouped on the basis of how people try to understand the
world in which they live. Primitive societies consider inanimate
objects as having life; in later social stages, people embrace a
rational, scientific view of the world. Comte called this final stage
the positive stage and those who followed his writings became
known as positivists. He applied scientific methods in the study of
society and its role in the causes of crime. He likewise stated that
human behavior is a function of external and internal forces that
are beyond individual control. (See
chapter 3)
CESARE BECCARIA
(1738-1794)
CESARE LOMBROSO
(1835 -1909)
The world famous authority in the field of criminology who
advocated the positivist theory: That crimes is essentially a
social and moral phenomenon and it cannot be treated and
checked by the imposition of punishment: And that a criminal
is just any person who is sick, that he should be treated in the
hospital for his possible rehabilitation and reformation. He is
considered as the father of Positivist School of criminology,
He replaced “freewill” with determinism as the explanatory
factor of criminal behavior. He posited the born criminal and
shifted attention from the act to the actor. Lombroso’s theory of
propositions is the following:
1. Criminals are by birth a distinct type (a.k.a born
criminals or atavism)
2. This type can be recognized by physical stigmata or physical anomalies such as: a) b)
Asymmetrical cranium c) Long jaw d) Flattened nose e) Scanty beard f) Low sensitivity
to pain g) Long earlobes h) Bulging eyes i) Thick eyebrows j) Curly hair etc.
3. Five or more physical stigmata is assumed to be a born criminal; less than five shows
no indication of being a born criminal.
4. Physical anomalies do not cause crime, rather they identify the personality w/c is pre-
disposed to criminal behavior.
Based on his theory “the born criminal”, criminals are lower form of life, nearer to the ape
ancestors. Later, he developed 5 classifications of criminals: (1) born, (2) insane, (3) occasional,
(4) Psuedo and (5) Criminaloids. (See Chapter 3)
49
CHARLES CALDWELL
(1772-1853)
An American physician and medical educator who searched
for evidence that brain tissue and cells regulate human action.
He is also one of the advocator for Phreneology. In the case of
slavery, he used phrenology to attempt to prove that African
people were in their rightful place as slaves. Caldwell studied
the skulls of many different peoples, including Africans, at the
Musee de Phrenologie in Paris. In 1837, he concluded that the
skulls of African people (a flawed generalization of an entire
continent of diverse peoples) indicated a “tamableness” that
made them suited to be slaves, and required them to “have a
master”. This view of people of African descent as inherently
mentally inferior contributed to the continuation of slavery and
the segregation and racism that still persists in the U.S..
50
DAVID EMILE DURKHEIM
(1858-1917)
A French Sociologist and Criminologist who advocated the
Anomie Theory, the idea that crime is normal in all societies and
that there is a relation between social change and behavior. It
focuses on the sociological point of the positivist school which
explains that absence of norms in the society a setting conducive to
crimes and other anti-social acts. He proposed the following:
1. Crime is a natural thing in society
2. The concept of wrong is necessary to give meaning to what is
right.
3. Crime helps the society for changes. It means a society to be
flexible to permit positive deviation must permit negative deviation
as well.
4. He maintained that crime is an important ingredient of all healthy societies
because crime makes people aware of their common interest and help to define
appropriate moral or lawful behavior.
5. He viewed crime as an inevitable aspect of
society, with uneven distribution of
wealth and other differences among
people.
DAVID W. MAURER
(1906 –1981)
An American authority in police administration who
in his book “ the Big Con” once said,” the dominant
culture could control the predatory cultures without
difficulty, and what is more, it would exterminate them,
for no criminal subculture can operate conti nuously and
professionally without the connivance of the law”. He is
known as the Farther of Criminal Language.
51
of the broader public), and that the criminal justice system is an agent of oppression designed
to perpetuate the status quo. He further argued that state exist as a device for controlling the
exploited class- the class that labors for the benefit of the ruling class.
52
EARNEST KRETSCHMER
(1888-1964)
A German psychiatrist who introduced the somatotype (body
build) school of criminology- which related body built to
somatotype behavior, became popular during the first half of
the 20th century. Kretschmer is also known for developing a
classification system that can be seen as one of the earliest
exponents of a constitutional (the total plan or philosophy on
which something is constructed) approach. His classification
system was based on four main body types:
1. The aesthenic – thin, small, slightly built, narrow
shoulders and weak;
2. The athletic – medium to tall, strong, muscular, large
and coarse bones;
3. The pyknic – medium height, rounded figure, massive
neck, broad face, stocky and fat.
4. The dysplastic (Mixed type)- unproportionate body.
EDWIN H. SUTHERLAND
(1883-1850)
He has been referred as the most important criminologist on
the 20th century “because his explanation about crime and
criminal behavior can be seen as corrected extension of social
perspective. He was considered the “Dean of Modern
Criminology” He advocated the Differential Association
Theory (DAT), which maintains that the society is composed of
different group/organization, societies, consist of a group of
people having criminalistic tradition and anti criminalistic
tradition. Criminal behavior is learned not inherited. It is
learned through the process of communication, and the learning
process includes technique of committing the crime, motive and
attitude.
In opposition to the dominant biological and psychological explanations, Sutherland
maintained that criminal behaviour is a product of normal learning through social interaction.
He claimed that individual behaviour is learned through peers and that, if an individual’s peer
group is delinquent, he will identify that behaviour as normal. Normal learning occurs through
both verbal and nonverbal communication and helps to determine whether the attitudes an
individual internalizes are favourable or unfavourable to law violation. Through the normal
learning process, those individuals disposed toward breaking the law also develop motivations
and rationalizations for engaging in criminal activity. Maintaining that individuals commit
criminal acts when there is an excess of attitudes favourable to lawbreaking, Sutherland also
53
acknowledged the existence of a criminal life cycle, which he defined in terms of the ways in
which these attitudes vary in content and intensity throughout the criminal’s life. The question
of why some normal learned behaviours are criminal while others are legal led him to explore
white-collar crime, a term he is credited with having coined.
ENRICO FERRI
(1856-1929)
He was an Italian criminologist, socialist and student of
Cesare Lombroso, the founder of the Italian school of criminology.
While Lombroso researched the purported physiological factors
that motivated criminals, Ferri investigated social and economic
aspects.
He disputed Lombro so's emphasis on biological characteristics
of criminals; instead, he focused on the study of psychological
characteristics, which he believed accounted for the development of
crime in an individual. These characteristics included slang,
handwriting, secret symbols, literature, and art, as well as moral
insensibility and "a lack of repugnance to the idea and execution
of the offence, previous to its commission, and the absence of remorse after committing it".
Ferri argued that sentiments such as religion, love, honour, and loyalty did not contribute
to criminal behaviour, as these ideas were too complicated to have a definite impact on a
person's basic moral sense, from which Ferri believed criminal behaviour stemmed. Ferri
argued that other sentiments, such as hate, cupidity, and vanity had greater influences as they
held more control over a person's moral sense.
Ferri summarized his theory by defining criminal psychology as a "defective resistance to
criminal tendencies and temptations, due to that ill-balanced impulsiveness which
characterises children and savages". (See Chapter 3)
FRANK TENNENBAUM
EDWIN LEMERT AND
HOWARD BECKER
They are advocates of Labeling Theory. The theory that explains about social reaction to
behaviour. The theory maintains that the original cause of crime cannot be known, no behaviour
is intrinsically criminal, behavior becomes criminal if it is labelled as such.
Edwin M. Lemert distinguishes between primary and secondary deviance. An individual
first commits primary deviance. Through a process of labelling the individual is forced to play
the role of deviant. As a
reaction to this role
assignment (“You are
criminal!”), the labelled
person adapts his
behaviour according to the
role assigned to him (“Then
I am criminal!”). This
behaviour reaction is called
secondary deviance.
Primary deviance
arises from various socio-cultural and psychological causes. In other words, the term primary
deviance describes deviant behaviour that occurs from a cause attributable to the perpetrator.
While primary deviance is recognized as undesirable, it has no further effect on the status and
self-image of the deviant(s). The deviant does not define himself by deviance, but rationalizes
54
and trivializes it. Thus a positive self-image can be maintained, which goes hand in hand with
one’s own role in society.
Secondary deviance is triggered by reactions that follow the primary deviance. The social
reaction to deviant behaviour ensures that the deviant is stigmatised. These social reactions
include the deviant being labelled as criminal. However, this label contradicts the self-image of
the labelled person and is therefore not role-conform. In order to escape the resulting cognitive
dissonance, the individual ultimately adopts the label “deviant” or “criminal” and adapts his or
her future behaviour accordingly.
For Lemert, the transition from primary to secondary deviance represents a process of
development. Increasingly stronger deviance is followed by ever stronger social reactions, which
ensure that deviance solidifies.
Becker describes rules as the reflection of certain social norms held by the majority of a
society, whether formal or informal. Enforced rules, the focus of Becker's approach, are applied
differentially and usually facilitate certain favorable consequences for those who apply the
label. In short, members of the rule-making society may label rule breaking behavior deviant
depending on the degree of reaction over time. The type of behavior is dictated by society.
In 1938, Frank Tannenbaum presented his own approach to labeling theory in response
to his studies of juvenile participation in street gangs. Tannenbaum describes the process of
defining deviant behavior as different among juvenile delinquents and conventional society,
causing a "tagging" of juveniles as delinquent by mainstream society. The stigma that
accompanies the deviant "tag" causes a person fall into deeper nonconformity.
In the third stage of the process of the dramatization of evil, from the point of view of the
individual, a change in his self-concept has taken place. Self-concept is what times Frank's
research to that of the labeling theory.
The one who is singled out and labeled now recognizes that the definition of him as an
individual is different from the other children in his community. This plays a greater role in
making the criminal than perhaps any other experience. The individual lives in his own world
and associates with those like him due to these changes. Therefore, once labeling occurs, the
juvenile begins to engage in the same behavior which has been placed around him.
55
GABRIEL TARDE
(1843-1904)
In full Jean-Gabriel De Tarde. French sociologist and
criminologist who was one of the most versatile social scientists
of his time. His theory of social interaction (“intermental
activity”), one of the earliest sociological theories of criminal
behavior which emphasized the individual in an aggregate of
persons and brought Tarde into conflict with Émile Durkheim,
who viewed society as a collective unity. He rejected the
Lombrosian theory of biological abnormality and argued that
criminals were normal people who learned crime just as others
learned legitimate trades. He formulated his theory in terms
of “laws of imitation”-the principles that coined the process by
which people became criminals.
GIAMBATTISTA DELLA
PORTA
(1535-1615)
Also known as Giovanni Battista Della Porta. He
founded the school of “human physiognomy”, the study of
facial features and their relation to human behavior. The term
physiognomy comes from the Greek words physis, meaning
“nature,” and gnomon, meaning “to judge or to interpret.” It
refers to the evaluation of a person’s personality or character
(i.e., his or her nature) through an examination of that person’s
outward appearance. The publication of On Physiognomy in
1586 by Italian scholar Giambattista della Porta once again
brought renewed focus to this belief and practice of the ancient
Greeks. Della Porta, often considered the first criminologist,
examined patients during his medical practice and concluded
that appearance and character were related. He approached
the study of this relationship from
a magico– spiritualistic metaphysical perspective instead of a
scientific one, classifying humans on the basis of their resemblance
to animals. For example, men who look like donkeys are similar to
donkeys in their laziness and stupidity; men who resemble pigs
behave like pigs.
56
Neutralization: A Theory of Delinquency” (1957), Matza and Sykes proposed a “drift theory”
(also known as neutralization theory), according to which delinquents use a series of
justifications to neutralize their deviant behaviour. Typical justifications include passing the
blame to others, insisting that the victim was not harmed, believing that the victim deserved
the outcome (e.g., vandalism), and arguing that others have committed worse acts. Thus,
delinquents usually acknowledge that their behaviour was wrong but distort reality to maintain
that certain times or conditions make it acceptable to break societal rules.
The authors’ second article, “Juvenile Delinquency and Subterranean Values” (1961),
argued that the values behind deviant behaviour, such as excitement and thrill seeking, are
actually “subterranean values” that exist within the dominant culture but are suppressed
except in certain appropriate, legal settings. Thus, delinquent behaviour is viewed as an
expression of these latent values at inappropriate times. By casting light on the social rules
that apply to all cultures and groups, Sykes’s theories emphasized the ways in which his
subjects (guards, prisoners, and delinquents) are similar to, rather than different from, the rest
of society.
NOTA BENE:
Mendelian Genetics - Hereditary principles introduced by Gregory Mendel by
which parents pass physical characteristic to their offspring.
57
HENRY MAYHEW
(1812-1887)
He used empirical methods and an ethnographic
approach involving observation and interview to
address social questions and poverty, and presented
his studies in London Labour and the London Poor. In
his study, he interviewed everyone—beggars, street-
entertainers, market traders, prostitutes, laborers,
sweatshop workers, even down to the "mudlarks" who
searched the stinking mud on the banks of the River
Thames for wood, metal, rope, and coal from passing
ships, and the "pure-finders" who gathered dog feces
to sell to tanners. He described their clothes, how and
where they lived, their entertainment and customs,
and made detailed estimates of the numbers and
incomes of those practicing each trade.
Mayhew's research pioneered criminological efforts at understanding the relationship
between crime and other variables by the use of maps. He thus contributed not only a striking
commentary and documentation of social conditions, but also ideas and techniques for
understanding the relationship between these conditions and crime.
Mayhew’s maps of criminal activities were among early attempts to connect crime with
geographical areas. His work helped clarify the relationship between crime and other variables,
such as urbanization, poverty, and disease. Modern day criminologists have adopted this
method of using maps to explore the spatial relationship between criminal activity and
other ecological variables.
HENRY MAUDSLEY
(1835-1918)
He studied the relationship between crime and insanity,
especially “epileptic madness.” He believed that criminals suffers
from “moral degeneracy”- a deficiency of moral sense. It is only
a question of degree and kind of fault how far antisocial feeling,
thought and conduct, passing through their divers forms of
degeneracy, must go before it becomes madness or "crime."
"Crime is a sort of outlet in which their unsound tendencies
are discharged; they would go mad if they were not
criminals, and they do not go mad because they are
criminals."
58
ISAAC RAY
(1807 – 1881)
An American psychiatrist, and one of the founders of the
discipline of forensic psychiatry. He is considered as the father
of American forensic psychiatry. In 1838, he published A
Treatise on the Medical Jurisprudence of Insanity, which
served as an authoritative text for the rest of the 19th century.
The Treatise on the Medical Jurisprudence of Insanity was very
influential and was deployed effectively by defense lawyer Sir
Alexander Cockburn in the English trial of Daniel M'Naghten in
1843. At the trial, Cockburn quoted extensively from the book
which rejected traditional views of the insanity defense
based on the defendant's ability to distinguish "right from
wrong" in favour of a broader approach based on
causation. Isaac Ray questioned whether people who were
“morally insane” could be held legally responsible for
their acts if they had such impairment because such people
committed their crimes without an intent to do so.
JEREMY BENTHAM
(1748-1832)
He believed that people have the ability to choose right or wrong,
between good and evil. His explanation of criminal behavior
included the idea that people are basically hedonistic, that is, they
desire a high degree of pleasure and avoid pain. He developed
utilitarian principles of punishment based on the amount of
happiness (pleasure) or unhappiness (pain) any given act will bring
to the actor. (See Chapter 3)
JOHN HOWARD
(1726-1790)
A philanthropist and prison reformer reformer,
Howard was dedicated to prison reform and public health
improvements.. In 1773, he was appointed high sheriff of
Bedfordshire and supervision of the county jail became of
one his responsibilities. He was shocked by the conditions
he found there and visited others in England, where the
situation was no better. Jailers were not salaried but lived
off fees paid by prisoners for food, bedding and other
facilities. This system meant that poorer prisoners lived
in terrible conditions. Many jailers demanded payment
before prisoners were released, meaning that some stayed
in jail even if they were innocent or had served their
sentences. In 1777, he wrote “The State of Prisons in
England”, describing his personal experience and
findings. Howard's concerns led to two 1774
parliamentary acts - one abolished jailers' fees, the other
enforced improvements in the system leading to better
prisoner health.
59
JOHANN KASPAR LAVATER
(1701-1801)
Della Porta’s ideas were extremely influential to Johann Kaspar Lavater, a Swiss pastor
who published his painstakingly detailed study of facial fragments in 1783 known as
“Phrenology”. Phrenology is the study of the relationship between bump’s and the brain’s
outer space and psychological traits. He concluded that one could determine criminal behavior
through an examination of a person’s eyes, ears, nose, chin, and facial shape. He is one One of
the early biological approach to crime causation.
60
1. Criminal Subculture – Organized Crime (e.g. the mafia) where career criminals can
socialize youths into their own criminal career that might results in material success.
Devoted to theft, extortion, and other illegal means of securing an income.
2. Conflict Subculture - gang organized by young people themselves, often based on
claiming territory from other gangs in so-called “turf wars”. Participation in acts of
violence becomes an important means of securing status
3. Reatreatist Subculture – Those who are unable to acess either legitimate or
illegitimate opportunity structures might drop out altogether (as Merton said) but might
do so a group rather than individually. These groups might abuse drugs, for example.
According to Cloward and Ohlin, young people turn to delinquency when they have been
boxed out of more legitimate opportunities. An example is when working class young people
cannot find a good paying job or achieve middle class status, and they turn to delinquency in
an effort to create a better life.
Cloward and Ohlin believed that this lack of money causes strain. Criminologists think
about strain as some type of societal force that compels people to commit crimes. So according
to this perspective, individuals commit crimes because they aren't able to fulfill expected roles
(for example, working an honest job), which creates strain.
Hence, their term 'strain theory.' So where do young people
who do not have any legitimate opportunities turn? According
to Cloward and Ohlin, many turn to subcultures.
NAPOLEONE COLAJANI
(1847-1921)
He has been called the father of Sicilian socialism. A
criminologist, describes the direct and indirect deficiency of
the means to satisfy the numerous necessities of man is
sufficient stimulus for him to adopt honest or criminal
methods in the struggle that ensues. “To this man
delinquency is strongly influenced by socio economic”.
PETER RENIZEL
A private person who, 1669, established a workhouse in humburg at his own expense
because he had observed that thieves and prostitutes were made worse instead of better by
pillory, and he hoped that they might be improving by work and religious instruction in the
workhouse.
PHILIPPE PINEL
(1745–1826)
A French physician who pioneered in the humane treatment of
the mentally ill. He also made notable contributions to the
classification of mental disorders and has been described by some as
"the father of modern psychiatry". He coined the phrase manie
sans delire and claimed that some people behave abnormally even
without being mentally ill.
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RAFAELLE GAROFALO
(1851-1934)
Another Italian authority in Criminology, who
developed a concept of the natural crime and defined it as
a violation of the prevalent sentiments of pity and probity.
Like his mentor Cesare Lombroso, Raffaele Garofalo
rejected the classical view of free will saying that criminals
were slaves to impulses out of their control. However,
Garofalo, like many of his contemporary criminologists,
didn't accept his teacher's view regarding physical traits (e.g.
big forehead or large head) , rather he linked criminal
behavior to a defect in their physiological make up. Garofalo
worked as a Magistrate in Italian court system, served as a
senator and eventually became the Minister of Justice in
1903. This intimate view of the workings of the justice system gave Garofalo an unprecedented
perspective to the problem of crime and punishment.
As evidence of this criminal deviation, Garofalo defined crime, not as a violation of a law,
but as a violation of nature. An act was a crime if it violated human nature in either of two
forms: probity, which is honesty and integrity, or pity, which is compassion for others. These
acts that violated nature were mala in se (evil in themselves). Other acts that broke the law
but were absent the violation of human nature were, mala prohibita (technical violation of the
law). The technical violations of the law can be dealt with by changing the law or a civil fine.
However, acts against humanity must be dealt harshly to protect society. (See Chapter 3)
ROBERT AGNEW
(1853-Present)
He further developed and researched the ideas that he
presented in his dissertation, “A Revised Strain Theory of
Delinquency”. The result of Agnew’s work was general strain
theory, which addressed weaknesses in earlier strain theories,
including inadequate explanations for middle-class delinquency
and inconsistencies between aspirations and expectations for
fulfilling them. Key components of general strain theory included
its consideration for the role of emotion in strain-derived crime and
its consideration of a broad range of possible sources of societal
pressure that might cause a person to commit crime. He later
added Merton’s stain Theory with his three “Sources of Strain” as
follows:
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3. CONFRONTATION WITH NEGATIVE STIMULI- the person in this source is forced
to routinely deal with negative activity. Common examples include child abuse and peer
pressure to do something illegal.
RICHARD DUGDALE
(1841-1883)
Richard Dugdale related criminal behavior to inherited traits.
The English-born American sociologist, one of the first
investigators to study familial feeblemindedness and criminality,
is chiefly known as the author of "The Jukes." In 1877, Richard
Dugdale published a study of this family. He referred to a mother
several generations back in the family as “Margaret (Ada Jukes),
the mother of criminals,” and then studied her descendants. He
discovered that of 709 persons (540 of "Jukes" blood and 169 of
other strains connected to the family by marriage or cohabitation)
180 had been in the poorhouse or received relief for a total of 800
years, 140 had been convicted of criminal offenses, 60 had been
habitual thieves, seven had been murdered, 50 had been common
prostitutes, 40 women venereally
diseased had infected at least 440 persons, and there had been 30
prosecutions over bastardy. All this had cost the state a minimum
of $1,308,000.
ROBERT MERTON
(1910-2003)
He is the premier sociologist of the modern days and also one
of the most influential sociologists in the field of criminology. At
age 27, (1938) he wrote a definitive article entitled “Social
Structure and Anomie” This article still serves as an anchor in
our understanding of delinquency
He advocated the Strain Theory. The failure of man to
achieve a higher status of life caused him to commit crimes in
order for that status/goal to be attained; he argued that crime is
a means to achieved goals and the social structures is the root of the crime problem. His
explanation to criminal behavior he assumes that the people
are law abiding but when under great pressure will result to
crime.
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balance and social equilibrium are disturbed, the transition is made from one relatively stable
order to other".
SIGMUND FREUD
(1856-1969)
The Freudian view on criminal behaviour was based on the
use of psychology in explaining an approach in understanding
criminal behaviour. According to him variety of possibilities to
account for individual differences is defective conscience,
emotional immaturity, inadequate childhood socialization,
material deprivation and poor moral development.
The founde r of psychoanalysis, suggested that individual’s
psychological well-being is dependent on a healthy interaction
among the three (3) basic components of the human psyche.
1. id – (Pleasure Priciple) consists of powerful ways and
drives for gratification and satisfaction.
2. ego – (Reality Principle) is the executive of the
personality, acting as a moderator between the super
ego and id of the level of knowing the right and wrong.
3. super-ego – acts as moral code or conscience.
WALTER RECKLESS
(1899-1988)
American criminologist known for his containment theory
of criminology, which stated that juvenile delinquency
commonly arises from a breakdown in moral and social forces
that otherwise “contain” deviant
behaviour. A broad analysis of the
relationship between personal and
social control is found in this. It’s a
form of control, which suggests
that a series of both internal and
external factors contributes to the
criminal behaviour. The theory
assumes that for every individual
there exists a containing external
structure, both of which provide
defense, protection or insulation against crime or delinquency.
According to this theory, the outer structure of an individual are
the external pressures such as poverty, unemployment and
64
blocked opportunities while the inner containment refers to the person self-control ensured by
strong ego, good self image, well developed conscience, high frustration tolerance and high sense
of responsibility.
WILLIAM SHELDON
(1898-1977)
An American psychologist and physician
who was best known for his theory
associating physique, personality, and
delinquency. He is an influence of
somatotype school of criminology, which
used body built to behavior. He brought the
work of Kretschner in the United States and
he related body types to illegal behavior. He
became popular of his own somatotyping
theory. His key ideas are concentrated on
the principle of “survival of the fittest” as
behavioral science that combined the
biological and psychological explanation to understand deviant. Sheldon theory maintains the
belief of heredity as the primary determinants of behavior and physique is a reliable indicator
of personality.
Criminals manifest distinct physiques that make them susceptible to particular types of
delinquent behavior.
a. Mesomorphs – have well-developed muscles and an athletic appearance. They are active,
aggressive, sometimes violent, and the most likely to commit violent crime.
b. Endomorphs – h ave heavy built and slow moving they are known for lethargic behavior
rendering them unlikely to commit violent crime and more willing to engage in like
strenuous criminal activities such as fencing stolen property.
c. Ectomorphs – tall, thin, skinny less social and more intellectual than the other type.
In the positivist theory, home people have biological and mental traits that make them
crime prone. These traits are inherited and are present at birth. Mental and physical
degeneracy are the cause of crime.
65
LEARNING TASK
Read the following:
1. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20Cesare%20Lombroso%20(1825-1909).pdf
2. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20I--Gabriel%20Tarde%20(1843-1904).pdf
3. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20II--Gustav%20Aschaffenburg%20(1866-1944).pdf
4. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20III--Isaac%20Ray%20(1807-1881).pdf
5. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20IV--Raffaele%20Garofolo%20(1852-1934).pdf
6. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20IX--Cesare%20Beccaria%20(1738-1794).pdf
7. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20VIII--Willem%20Adriaan%20Bonger%20(1876-
1940).pdf
8. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20VII--Jeremy%20Bentham%20(1748-1832).pdf
9. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20VI--John%20Henry%20Wigmore%20(1863-1943).pdf
10. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20V--John%20Haviland%20(1792-1852).pdf
11. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20William%20Douglas%20Morrison%20(1852-1943).pdf
12. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20XI--Henry%20Maudsley%20(1835-1918).pdf
13. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20XII--Alexander%20Maconochie%20(1787-1860).pdf
14. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20XII--Charles%20Doe%20(1830-1896).pdf
15. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20XIII--Hans%20Gross%20(1847-1915).pdf
16. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20XIV--Charles%20Buckman%20Goring%20(1870-
1919).pdf
17. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20X--Pedro%20Dorado%20Montero%20(1861-1919).pdf
18. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20XV--Enrico%20Ferri%20(1856-1929).pdf
19. file:///D:/Intro%20to%20criminology/Pioneers%20In%20Criminology/Pioneers%
20in%20Criminology%20XVI--Emile%20Durkheim%20(1858-1917).pdf
Learning Activity:
Create a table showing the notable contributions of each personalities unsing the table
below:
Name of the Pioneer Contribution
1.
2.
3.
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LEARNING CHECK NO. 3
Name: _____________________________________Score:___/___Remark:___________
Course/Level/Section:_________________Schedule:______Room_____Date:________
I. MATCHING TYPE. Identify from Item B which best describe or the concentration of Item
A and C. Write the letter of your choice on the space provided before the number. Any forms of
erasure and unnecessary marks will invalidate you answer.
Example: a-2 1-2. Lloyd Ohlin
67
II. MULTIPLE CHOICES. Choose the best answer. Write your answer on the space provided
before the number.
____25. A German Psychiatrist who introduced the somatotype school of criminology.
a. Earnest Kretschmer c. Walter Reckless
b. William Sheldon d. Wilhelm Adrian Bonger
____26. He developed utilitarian principles of punishment based on the amount of happiness
(pleasure) or unhappiness (pain) any given act will bring to the actor.
a. Cesare Beccaria c. Jeremy Bentham
b. Cesare Lombroso d. Charles Goring
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____46. A French law enforcement officer and biometrics researcher who originated a system of
classifying criminals according to bodily or physical measurement known as
anthropometry.
____47. He founded the school of “human physiognomy”- the study of facial features and their
relation to human behavior.
____48. Classified crime by motives of the offenders as economic crime, sexual crimes, political
crimes, and miscellaneous crimes with vengeance as the principal motive.
____49. He pioneered the criteria for legal responsibility, according to him, some people may be
considered either insane or criminal according to the standpoint from which they are
looked at.
____50.He developed “phrenology” – the study of the relationship between bump’s and the
brain’s outer space and psychological traits.
a. Henry Goddard c. John Howard
b. Henry Mayhew d. Johann Kaspar Lavater
69
Chapter Four
History of Criminology
(School of Thought)
“It is good to look to the past to gain appreciation for the present and perspective for the
future. It is good to look upon the virtues of those who have gone before, to gain strength for
whatever lies ahead. It is good to reflect upon the work of those who labored so hard and
gained so little in this world, but out of whose dreams and early plans, so well nurtured, has
come a great harvest of which we are the beneficiaries. Their tremendous example can
become a compelling motivation for us all, for each of us is a pioneer in his [or her] own life.”
--- Gordon B. Hinckley (1910–2008)
Introduction
70
wide variety of phenomena tended to be of a religious or spiritual nature. Enlightenment
thinkers focused on the dignity and worth of the individual. It is a view that would eventually
find expression in the law & the treatment of criminal offenders.
During the medieval period, the most common explanations for the commission of wrong act
is said to be caused by the devil. From this account, method uses in the determination of truth
(trial) were arbitrary and unreasonable. Although through the Middle Ages (1200-1600),
superstition and fear of satanic possession dominated the thinking. People who violated social
norms or religious practices were believed to be witches or possessed by demons. The prescribed
method for dealing with the possessed was burning at stake, a practiced that survived into the
17 Century.
Demonoligical Theory
An early explanation of crime is theological or
religious. It is based on beliefs in supernatural or
spiritual powers or in laws of nature.
Crime has been viewed as a violation of religious
doctrine. It is called a sin - a violation of sacred
obligation. An individual who commits a crime has been
viewed as possessed by evil spirits or under divine
wrath. Criminal acts were considered as indicia of
basically evil human nature suggesting adherence to
Satan or under the spell of the prince of darkness.
The causes of crime have been based in
superstitious belief in which criminals were
allegedly perceived as controlled by other worldly
forces – the devil. Criminal behavior was the result of evil spirits and demons something of
natural force and controls behavior.
Spiritualism – It stressed the conflict between absolute good and absolute evil. A person
who commits crimes was thought to be possessed by evil spirits, often referred to as demon.
(“The devil made me do it.”)
Trephinaiton – A form of surgery typically involving bone, especially the skull to eliminate
the evil spirits residing in the heads of offenders.
Demonological explanations of crime began to wane in the 18th century with the beginning
of a period of historians call The Enlightenment, which was essentially a major shift in the
way people began to view the world and their place.
Demonic Perspectives
1. Temptation Model - It explains that people are weak …temptations to sin are
impossible to avoid. (Matt. 18:7) No matter how tempting the devils offers might be, the
individual always retains the ability to refuse to sin "good force" offers rewards and
frequently promises spiritual aid to help the beleaguered individual resist the devils
temptations. This model has a deterrent component:
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a. The threat of hellfire or other eternal punishment
for those who chose to do evil
b. Those who have sinned more will suffer more. For
them, there is no end to suffering and despair.
Mat 26:41 (NIV) "Watch and pray so that you will
not fall into temptation. The spirit is willing, but the
body is weak."
Modern criminology is the product of two main Schools of Thought: The Classical School
originating in the 18th century, and the Positivist School originating in the 19th century.
1. Rationality - The condition in which values, beliefs, and techniques are believed to be
based on logical, explicable principles
2. Hedonism - A doctrine with the central tenet that the achievement of pleasure or
happiness is the main goal of life. It is also the belief that people choose pleasure and
avoid pain. People are guided by a pain and pleasure principle by which they calculated
the risks and rewards involved in their actions.
3. Punishment - the infliction or is the imposition of a penalty in response to an offense.
4. Human rights - Human rights are rights inherent to all human beings, regardless of
race, sex, nationality, ethnicity, language, religion, or any other status. Human rights
include the right to life and liberty, freedom from slavery and torture, freedom of opinion
and expression, the right to work and education, and many more.
5. Due process - a fundamental principle of fairness in all legal matters, both civil and
criminal, especially in the courts. All legal procedures set by statute and court practice,
72
including notice of rights, must be followed for each individual so that no prejudicial or
unequal treatment will result.
NOTA BENE:
Utilitarianism or Hedonistic calculus – the belief, first proposed by Jeremy
Bentham, that behavior hold value to any individual undertaking it according to
the amount of pleasure or pain that it can be expected to produce for that person.
Utilitarian Hedonism – This theory explains that a person always acts in such a
way as to seek pleasure and avoid pain.
The Classical School was not interested instudying criminals, but rather law-making and
legal processing. Crime, they believed, was activity engaged in out of total free will and that
individuals weighed the consequences of their actions. Punishment is made in order to deter
people from committing crime and it should be greater than the pleasure of criminal gains.
It is one of the earliest secular approaches to explaining the causes of crime. It is a product
of the Enlightenment, based on the assumption that people exercise free will and are thus
completely responsible for their actions. Human behavior, including criminal behavior,
is motivated by a hedonistic rationality, in which actors weigh the potential pleasure
of an action against the possible pain associated with it.
The Classical Theory maintains that man is essentially a moral creature with absolute free
will to choose between good and evil. Therefore, stress is placed upon the criminal himself,
every man is responsible for his act. Crime is resulted from the “doctrine of psychological
hedonism” or “free will” of an individual criminal. That the individual calculates
73
pleasures and pains in advance of action and regulates his conduct by the result of his
calculations.
This theory also state that criminal behavior could be understood and controlled as an
outcome of a “human nature”. Human beings were believed to be hedonistic, acting in terms
of their own self-interest, but rational, capable of considering which course of action was really
in their self-interest.
NOTA BENE:
Freewill - A philosophy advocating punishment severe enough for people to
choose or to avoid criminal acts.
One of the most powerful ideas endorsed by the classical school is EQUALITY. People
should be given equal treatment before the law.
CESARE BECCARIA
(March 15, 1738 - November 28, 1794)
74
His writings mainly consisted of a philosophy of punishment. Adjudication and punishment
should both be swift and certain. Also his writings described both a motive for committing a
crime and methods for its control. Becarria believed people want to achieve pleasure and avoid
pain. The writings of Becarria and his followers form what today is referred to a Classical
Criminology.
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SOCIAL CONTRACT THEORY
Beccaria based his call for reform on the theory that citizens and the state have a “social
contract” that entitles people to legal protections against crime. He also believed that social
contarct is the basis of society, as well as the origin of punishments and the right to punish
crime.
Social contract theory stresses the idea that people were
SOCIAL CONTRACT is an
originally without government. People then created the state
imaginary agreement to
through a “social contract,” by which they surrendered many
sacrifice the minimum
of their “natural liberties.” In return, people received the
amount of liberty to prevent
security that government could provide “against antisocial
anarchy and chaos.
acts.”Beccaria wrote, “Laws are the conditions under which
independent and isolated men united to form a society. Weary
of living in a continual state of war, and of enjoying a liberty rendered useless by the uncertainty
of preserving it, they sacrificed a part so that they might enjoy the rest of it in peace and safety.
The sum of all these portions of liberty sacrificed by each for his own good constitutes the
sovereignty of a nation, and their legitimate depository and administrator is the sovereign.”
NOTA BENE:
Beccaria did not question the need for punishment, but he believed that laws should be
designed to preserve public safety and order, not to avenge crime. To ensure a rational
and fair penal structure, punishments for specific crimes must be decreed by written
criminal codes, and the discretionary powers of judges severely curtailed.
JEREMY BENTHAM
(February 15, 1748 - June 6, 1832)
He is an English jurist, philosopher and legal and social
reformer. He was a political radical and a leading theorist in
Anglo-American philosophy of law. He is best known as an
early advocate of utilitarianism and fair treatment of
crinimals that influenced the development of liberalism.
Bentham’s claim rested upon his belief, spawned by
Enlightment thought, that human beings are fundamentally
rational and that criminals weigh the probabilities of present
and future pleasures against those of present and future pain.
For this, he belives that behavior is a result of freewill and
hedonistic calculus, people act as human calculators, they
put all factors into a sort of mathematical equation to decide
whether or not to commit an illegal act. Bentham name this as
felicitous calculus, or moral calculus. Thus, individual
criminal as a person is capable of calculating what he or
she wants to do. In response to the question of why a person commits a crime, Bentham would
probably reply that the pleasure that the person anticipated from the criminal act was much
greater than the subsequent pain that might be expected
Felicitous calculus is a moral
from it. Hence, if man still chooses to commit crime despite
calculus developed by Jeremy
his calculations that he may gain pain and suffering, he
Bentham for estimating the
deserves to be punish. This is based on the so-called Just
probability that a person will
Desert Model of punishment. Just Desert Model is a
engage in a particular kind of
notion that criminal offenders deserve the punishment they
behavior.
receive at the hands of the law and that punishment should
be appropriate to the type and severity of crime committed.
He further believes that criminal behavior was guided
by Hedonism (relentless pursuit of pleasure). Here, The term “hedonism,” was
pain and suffering are the two central determinants of derived from the Greek word
human behaviour. Man always seeks pleasure and HEDONE which means
avoid/minimize suffering. It means that man do whatever “pleasure”.
brings him or her the greatest amount of pleasure,
regardless of any other effects.
Bentham argued the following:
1. People have free will to choose how to act.
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2. Deterrence is based upon the utilitarian ontological notion of the human being a
'hedonist' who seeks pleasure and avoids pain, and a 'rational calculator'
weighing up the costs and benefits of the consequences of each action. Thus, it ignores
the possibility of irrationality and unconscious drives as motivational factors;
3. Punishment (of sufficient seventy) can deter people from crime, as the costs (penalties)
outweigh benefits, and that severity of punishment should be proportionate to the crime.
4. The more swift and certain the punishment, the more effective it is in deterring criminal
behavior.
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BENTHAM ON PUNISHMENT
On punishment, Bentham believed, was a necessary evil—necessary to prevent
greater evils from being inflicted on the society and
thus diminishing happiness. He further argued that Recidivism is committing
punishment, should be a deterrent to prevent recidivism. another crime after previously
However, for him, punishment should be just a bit in excess being punished for one.
of the pleasures derived from an act and not any higher
than that. Since punishment creates unhappiness it can be justified if it prevents greater evil
than it produces.
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C. The Positivist Notion of Crimes and Criminals
The classical position served as a guide to crime, law and justice for almost 100 years, but
during the late 19th century a change in the way knowledge was being gathered created a
challenge to its dominance. The scientific method was beginning to take hold in Europe, rather
rely on pure thought and reason, careful observation and analysis of natural phenomena was
being undertaken to understand the way the world worked. This movement inspired new
discoveries in biology, astronomy and chemistry. If the scientific method could be applied to the
study of nature, then why not use it to study human behavior?
At the beginning of the 19th century, scholars began to apply the concepts and technologies
of the rapidly developing biological and behavioral sciences to the study of crime. For the first
time criminologists developed typologies of crime and criminals and attempted to identify
patterns between these typologies and various biological, psychological, and social
characteristics of offenders.
Positivism is the application of scientific techniques to the study of crime and criminals.
The term Positivism refers to a method of analysis based on the collection of observable
scientific facts.
Elements of Positivism
1. The first is the belief that human behavior is a function of the internal and external
forces. Some of these forces are social, such as the effect of wealth and class, political and
historical such as war and famine, other forces are more personal and psychological, such
as an individual’s brain or mental ability.
2. The second aspect is embracing the scientific method to solve problems. Positivists would
agree that an abstract concept such as “intelligence” exists because it can be measured
by an IQ test. They would challenge a concept such as the “soul” because it is a condition
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that cannot be verified by the scientific method. The positivists tradition was popularized
by Charles Darwin who’s worked on the evolution o man encouraged a 19thcentury cult
of science.
Types of Detemmism
There are three theories of free will and determinism that you will need to be
aware of:
1. Hard Determinism is the theory that human behaviour and actions are wholly
determined by external factors, and therefore humans do not have genuine free will or
ethical accountability. Hence, crime results from forces beyond the control of the
individual. There are several different supporting views for this belief, which
incorporates philosophical determinism, psychological determinism, theological
determinism and scientific determinism.
2. Soft Determinism is the theory that human behaviour and actions are wholly determined
by causal events, but human free will does exist when defined as the capacity to act
according to one's nature (which is shaped by external factors such as heredity, society
and upbringing).
Soft Determinism is the view that human freedom and moral responsibility are far from
being incompatible with determinism; rather determinism is incomprehensible without
it. The misconception that the two are incompatible comes from a considerable confusion
over what we mean when we say we are free. Freedom is incompatible with fatalism,
but not with determinism.
Fatalism is a philosophical doctrine that stress the subjugation of all events or actions to
fate or destiny, and is commonly associated with the consequent attitude of resignation
in the face of future events which are thought to be inevitable.
3. Libertarianism is the theory that humans do have genuine freedom to make a morally
undetermined decision, although our behaviour may be partially determined by external
factors.
Libertarianism is the view that when faced with the choice between right and wrong we
do act as free agents. Generally libertarianists agree that the inanimate world is
mechanistic and that the determining causal chain of reactions may even effect the
animate, but they do not believe that human behaviour is wholly determined by external
factors. For example, physiological and psychological conditions may dispose the
kleptomaniac to steal, but when left alone in a shop no one can be certain that he will
because he has the capacity to choose to do otherwise; and therefore has free will.
The Positivist School presumes that criminal behavior is caused by internal and external
factors outside the individual’s control. The scientific method was introduced and applied to
study human behavior. Positivism can be broken up into three segments which include
biological, psychological and social positivism.
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The theory of the positivist school of criminology grew out of positive philosophy and the
logic and methodology of experimental science. The theory explained that crime was determined
by Multiple Factor.
It is the theory that denied individual responsibility and reflected non-punitive reactions to
crime and criminality. It adheres that crimes, as any other act, is natural phenomenon.
Criminals are considered as sick individuals who need to be treated treatment programs rather
than punitive action against them.
The Positivists maintained that crime as any other act is a natural phenomenon and is
comparable to disaster or calamity. It believed that imposition of punishment couldn’t deter
and treat crimes but rather rehabilitation or the enforcement of individual measures.
Positivist Approach
Today, most criminologists believe that criminal behavior is the product of a complex
interaction between biology and environmental or social conditions. Biology or genetics gives
an individual a predisposition to behave in a certain way.
Whether a person actually behaves in that way and whether that behavior is defined as a
crime depend on environmental or social conditions.
AUGUSTE COMTE
(1798-1857)
Impressed and inspired by the revolutionary discoveries
in biology, chemistry, astronomy, and physics, Auguste Comte,
advocated that human behavior and society should be studied
using methods similar to those used in the physical sciences.
Comte encouraged social scientists to use the perspective of
positivism, which emphasizes techniques of observation, the
comparative method, and experimentation in the development of
knowledge concerning human behavior and the nature of society.
This approach was different from more traditional speculative
systems of social philosophy.
He applied scientific methods in the study of society and its
role in the causes of crime. He likewise pioneered the Positivist
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Writings and stated that human behavior is a function of external and internal forces that are
beyond individual control. He published Plan de Travaux Scientifiques Necessaries Pour
Reorganizer la Societe (Plan of Scientific Studies Necessary for the Reorganization of Society)
in 1822. In this work, he argued for a universal law of three phases: (1) theological, (2)
metaphysical, and (3) scientific, through which all societies have, or will, progress.
The theological stage is the most primitive stage, characterized by supernatural, religious,
or animistic explanations for events, situations, and behaviors and a lack of interest in the
origins of causes. The metaphysical stage is slightly more advanced and identifies abstract
forces (fate, accident) as the origin of causes. The most advanced stage, the scientific stage, is
what Comte called the positive stage. At this point, there is little concern for the origin of
actions, but a focus on the outcomes, which man can control.
Positive stages are characterized by observation, experimentation, and logic and attempt to
understand the relationships among components. Comte’s positivism attempted to apply
scientific principles (i.e., the scientific method) to the behavior of societies and to the behavior
of groups within societies and emphasized the connectedness of all the elements involved in
behavior. Positivism is one of the first theories of social evolution, attempting to explain how
societies progress. Comte claimed that the only real knowledge is knowledge gained through
actual sense experience (i.e., observation).
Comte’s scientific stage also is exemplified by the use of quantitative, statistical procedures
to make logical, rational decisions based on evidence. Statistical procedures had been used for
some time in the hard sciences (e.g., math, physics), but a positivist perspective required that
the use of such measurement techniques be applied to the social sciences, as well.
CESARE LOMBROSO
(November 6, 1835 - October 19, 1909)
He was an Italian prison doctor and criminologist working in
the late 19th century, was one of the largest contributors to
biological positivism. Lombroso, known as the “father of modern
criminology” was a physician who served much of his career in
the Italian army. Lombroso took a scientific approach, insisting
on empirical evidence for studying crime. He advanced the theory
that crime is the result of a hereditary predisposition in certain
individuals.
Lombroso rejected the established Classical school, which held that crime was a
characteristic trait of human nature Instead, using concepts drawn from physiognomy, early
eugenics, psychiatry and Social Darwinism, Lombroso's theory of anthropological criminology
essentially stated that criminality was inherited, and that someone "born criminal'" could be
identified by physical defects, which confirmed a criminal as savage, or atavistic.
NOTA BENE:
Lombroso was influenced by Ernst Haeckel’s famous biogenic law, which stated
that ontogeny recapitulates phylogeny.
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ONTEGENY: Development of individual to maturity: the development of an
individual from a fertilized ovum to maturity, as contrasted with the
development of a group or species phylogeny.
1. FIRST he believed that serious offenders, those who engaged in repeated assaults or
theft related activities inherited criminal traits. These “born Criminals” inherited
physical problems that impelled them into a life of crime.
2. SECOND, Lombroso held that born criminals suffer from “atavistic anomalies”
physically they are throwbacks to more primitive times when people were savages.
Lombroso’s version of strict biological determinism is no longer taken seriously. Later in
his career even he recognized that not all criminals were biological throwbacks. Today,
those criminologists who suggest that crime has biological basis also believe that
environmental conditions influence human behavior. Hence, the term biosocial theory
has been coined to reflect the assumed link between physical and mental traits, the social
environment and behavior.
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certain characteristics of it (specifically, a depression on the occiput that he named the median
occipital fossa) reminded him of the skulls of "inferior races" and "the lower types of apes,
rodents, and birds". The term Lombroso used to describe the appearance of organisms
resembling ancestral (prehuman) forms of life is atavism. Born criminals were thus viewed by
Lombroso in his earliest writings as a form of human sub-species (in his later writings he came
to view them less as evolutionary throwbacks and more in terms of arrested development and
degeneracy).
In his book criminal man he find out that during autopsy, certain physical stigmata was
apparent, concluded the certain number of theses indicated a born criminal, atavistic criminal.
The following are the stigmata related to an atavistic criminal:
1. Deviation in head size and shape from type common to race and region from which the
criminal came.
2. Asymmetry of the face.
3. Eye defects and peculiarities such as drooping eyes.
4. Excessive dimensions of the jaw (protruding jaw) and cheek bones.
5. Ears of unusual size, or occasionally very small, or standing out from the head as to
those of a chimpanzee.
6. Nose twisted, upturned, or flattened in thieves, or aquiline or breaks like in murderers,
or with a tip rising like a peak from swollen nostrils.
7. Lips fleshy, swollen, and protruding.
8. Pouches in the cheek like those of some animals.
9. Peculiarities in the palate, such as are found in reptiles, and cleft palate.
10. Chin preceding, or excessively long, or short and flat, as in apes.
11. Abnormal dentition.
12. Abundance, variety, and precocity of wrinkles.
13. Anomalies of the hair, marked by characteristics of the opposite sex.
14. Defects of the thorax, such as too many or too few ribs, orsupernumerary nipples.
15. Inversion of sex characters in the pelvic organs.
16. Excessive length of arms relative to the lower limbs
17. Supernumerary fingers and toes.
18. Imbalance of the hemisphere of the brain (asymmetry of the cranium).
19. Sloping shoulders.
20. A coccyx that resembled "the stump of a tail."
With successive years of study, discussion, and contact with critics, he modified his theory
and method. More and more to include all kinds of social, economic and environmental data.
Through it all, he always attempted to be:
a. Objective, in method, often statistical.
b. Positive in the scene of deterministic.
c. Faithful to the basic idea of cause as a chain of interrelated events, not the more familiar
and popular doctrine of self-determinism of human behavior, to say nothing of the
demonistic.
NOTA BENE: Atavism - The term used to describe the appearance of organisms
resembling ancestral forms of life.
2. INSANE CRIMINALS - Although insane criminals bore some stigmata, they were not
born criminal, but rather become criminals as a result of an alteration of their brain or
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due to abnormalities or psychological disorders which completely upsets their moral
nature. Among the ranks of "insane criminals" were alcoholics, kleptomaniacs,
nymphomaniacs, and child molesters.
NOTA BENE:
FEMALE OFFENDER - Most women are not criminal those that are, are most
often occasional criminals but, some women are atavistic criminal.
In 1913 , He published a book entitled The English Convict: A Statistical Study concluded
that there is no such thing as a physical criminal type.
Goring’s book was the first to adopt the position that criminality is probably the result of
the interaction of a variety of hereditary and environmental factors at a time when theorists
thought in terms of either/or, and a bridge between early biological positivism and the less
deterministic psychological and psychiatric schools.
Goring's crowning achievement was The English convict: a statistical study, one of the most
comprehensive criminological works of its time. It was first published in 1913, and set out to
establish whether there were any significant physical or mental abormalities among the
criminal classes that set them apart from ordinary men, as suggested by Cesare Lombroso.
Under the sponsorship of the British government, Goring, assisted by other prison medical
officers, as well as Karl Pearson and his staff at the Biometrics Laboratory, collected and
analysed data bearing upon 96 traits of each of over 3,000 English convicts. He ultimately
concluded that "the physical and mental constitution of both criminal and law-abiding persons,
of the same age, stature, class, and intelligence, are identical. There is no such thing as an
anthropological criminal type."
He did, however, assert that it is an "indisputable fact that there is a physical, mental, and
moral type of normal person who tends to be convicted of crime: that is to say, our evidence
conclusively shows that, on average, the criminal of English prisons is markedly differentiated
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by defective physique - as measured by stature and body weight, by defective mental capacity".
Goring went on to argue that one of the three measures in which to combat crime was to
"regulate the reproduction of those degrees of constitutional qualities - feeble-minded, inebriety,
epilepsy, social instinct, etc
ENRICO FERRI
(1856-1929)
One of Lombroso’s students
and the best known Lombroso’s Ferri coined the term “born
associate, accepted and agreed criminal” and developed a
with Lombroso the existence of fivefold scientific classification
a criminal type on the biological of criminals.
bases of criminal behavior. He
is one of the chief architect of
the positivist school of criminology. His dissertation, published in
1878, was entitled Criminal Sociology. That is why he is credited
as the one who developed the field of criminal sociology. In
Criminal Sociology,
Ferri presented his original thesis on the causes of crime, which centered on the following
factors:
• physical (race, climate, geographic location, seasonal effects, temperature, etc.)
• anthropological (age, sex, somatic [body] conditions, psychological conditions, etc.)
• social (density of populations, customs, religion, organization of government, economic and
industrial conditions, etc.).
Although he also focused on factors other than inherited physical characteristics as
predictors of crime. His interest in socialism led him to recognize the importance of social,
economic and political determinants. He believed that criminals could not be held morally
responsible for their crimes because they did not choose to commit crimes but rather, were
driven to commit them by conditions in their lives.
He considered social factors such as population trends, religion, and the nature of the family.
He believed that social as well as biological factors played a role, and held the view that
criminals should not be held responsible for the factors causing their criminality were beyond
their control. Lombroso's biological theories have since been rejected by criminologists, with
control groups not used in his studies.
Ferri also proposed a more elaborate classification of criminal types, including:
1. The born or instinctive criminal - The born or instinctive criminal, who carries from
birth, through unfortunate heredity from his progenitors,...a reduced resistance to
criminal stimuli and also an evident and precocious propensity to crime.
2. The insane criminal - The insane criminal, affected by a clinically identified mental
disease or by a neuropsychopathic condition which groups him with the mentally
diseased
3. The passionate criminal - The passional criminal, who, in two varieties, the criminal
through passion (a prolonged and chronic mental state), or through emotion (explosive
and unexpected mental state), represents a type at the opposite pole
4. The occasional criminal - The occasional criminal who constitutes the majority of
lawbreakers and is the product of family and social milieu more than of abnormal
personal physiomental conditions
5. The habitual criminal - The habitual criminal, or rather, the criminal by acquired habit,
who is mostly a product of the social environment in which, due to abandonment by his
family, lack of education, poverty, [and] bad companions..., already in his childhood
begins as an occasional offender
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According to Ferri, the last two types were not innate criminals but rather the products of
unfortunate family or environmental circumstances. By explaining criminal behavior on the
basis of social factors as well as inherited traits, Ferri expanded the scope of criminology.
For Ferri, the positivist school cultivated a “science of criminality and of a social defence
against it.” This science involved “an individual fact (somatopsychological condition of the
offender) by anthropology, psychology, and criminal psychopathology; and a social fact (physical
and social environmental conditions) by criminal statistics, monographic studies, and
comparative ethnographic studies for the purpose of systematizing social defence measures (a)
of a preventive nature, either indirect or remote (through ‘penal substitutes’) or direct or
proximate (by the police); or (b) of a repressive nature through criminal law and procedure,
techniques of prison treatment, and aftercare.” Ferri called this science CRIMINAL
SOCIOLOGY.
RAFAELLE GAROFALO
(1851-1934)
He was an Italian jurist (lawyer) and a student of Cesare
Lombroso. He rejected the
doctrine of free will and
Raffaele Garofalo was a
supported that the only way to
understand crime was to study positivist who rejected the
it by scientific methods. He doctrine of free will.
was also influenced on
Lombroso’s theory of atavistic stigmata; he traced the roots of
criminal behavior not to physical features but to their
psychological equivalents, which he called moral anomalies. He
attempted to formulate a sociological definition of crime that
would designate those acts which can be repressed by punishment.
These constituted "Natural Crime“.
NOTA BENE:
NATURAL CRIME is considered offenses violating the two basic
altruistic sentiments common to all people, namely, probity and pity. Crime
is an immoral act that is injurious to society. This was more of a psychological
orientation that Lombroso's physical-type anthropology.
The true criminal is one who lacks the basic altruistic sentiments of pity and honesty.
Garofalo believed that the true criminal is a distinct biological or psychic type and that the
altruistic deficiencies were organic or inherited. Still, Garofalo acknowledged that certain forms
of criminal behavior might be encouraged by social and environmental circumstances.
Garofalo's law of adaption followed the biological principle of Darwin in terms of adaption
and the elimination of those unable to adapt in a kind of social natural selection. Consequently
he suggested:
1. Death for those whose criminal acts grew out of a permanent psychological anomaly,
rendering them incapable of social life.
2. Partial elimination or long time imprisonment for those fit only for the life of nomadoc
hordes or primitive tribes, and
3. Enforced reparation on the part of those who lack altrustic sentiments but who have
committed their crimes under pressure of exception a circumstances are not likely to do
so again.
Garofalo rejected the classical principle that punishment should fit the crime, arguing
instead that it should fit the criminal. As a good positivist, he believed that criminals have little
control over their actions. This repudiation of free will (and, therefore, of moral responsibility)
and fitting the punishment to the offender would eventually lead to sentencing aimed at the
humane and liberal goals of treatment and rehabilitation. For Garofalo, however, the only
question to be considered at sentencing was the danger the offender posed to society, which was
to be judged by an offender's "peculiarities."
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1. EXTREME CRIMINALS: Society could only be defended from extreme criminals by
swiftly executing them, regardless of the crime for which they are being punished. Here
Garofalo departed from Lombroso and Ferri, both of who were against the death penalty,
although Lombroso gradually came to accept it for born criminals and for those who
committed particularly heinous crimes.
2. IMPULSIVE CRIMINALS: a category which included alcoholics and the insane, were
to be imprisoned.
NOTA BENE:
PECULIARITIES: Particular characteristics that place offenders at risk for
criminal behavior.
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4. Henry Maudsley- An English physician who believed that insanity and criminal
behavior were strongly linked.
5. Charles Darwin- he claimed that all humans, like other animals, are parasite. Man is
an organism having an animalistic behavior that is dependent on other animals for
survival. Thus, man kills and steals to live.
Under this neo-classical doctrine, there are situations or circumstances that made it
impossible to exercise freewill and these are the reasons to exempt the accused from conviction.
This theory insist that individuals are “not always” responsible for their actions for they
believed that there is no “absolute freewill”.
This theory argues that Classical theory should be modified in certain details. Since children
and lunatic cannot calculate pleasure and pain, they should not be regarded as criminals or to
be punished. This principle is to some extent extended to others, also by the system of taking
into account certain mitigating circumstances. The impossibility to exercise free will is reason
to exempt from criminal liability.
NOTA BENE:
NOTHING WORKS DOCTRINE – the belief popularized by Robert Martinson in the
1970s that correctional treatment programs have little success in rehabilitating
offenders.
JUSTICE MODEL – a contemporary model of imprisonment in which the principle
of just deserts forms the underlying social philosophy.
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NEOCLASSICISM: RATIONAL CHOICE THEORY
1. Rational choice theorists believe that factors such as For rational choice theorists,
poverty, IQ, impulsiveness, or broken homes are not
a criminal rationally chooses
required to explain crime.
2. The choice is made in context of personal and the crime to commit and the
situational constraints and the availability of target of crime.
opportunities.
3. Criminal acts are specific examples of the general principle that all human behavior
reflects the rational pursuit of maximizing utility, which is the modern economists’
version of Bentham’s principle of maximizing pleasure and minimizing pain.
4. Rational choice theory assumes a criminally motivated offender and focuses on the
process of the choice to offend.
5. Choice structuring: The constellation of opportunities, costs, and benefits attaching to
particular kinds of crimes.
6. Explanations of criminal events must be crime specific because offenses have properties
of their own.
Notions of revenge and retribution are morally based. They build on a sense of indignation
at criminal behavior and on the sense of righteousness inherent in Judeo-Christian notions of
morality and propriety.
The primacy of sociological positivism was secured by research begun in the early 20 th
century by Robert Ezra Park, Ernest W Burgess, Louis Wirth and their colleagues in the
Sociological Department at the University of Chicago. The Chicago School sociologists and their
contemporaries focused on the functions of social institutions such as the school and family, and
how their breakdown influenced deviant and antisocial behavior.
In the 1920s, Park and Burgess identified five concentric zones that often exist as cities
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grow, including the "zone in transition" which was identified as most volatile and subject to
disorder.
In the 1940s, Henry McKay and Clifford R. Shaw focused on juvenile delinquents, finding
that they were concentrated in the zone of transition. Chicago School sociologists adopted a
social ecology approach to studying cities, and postulated that urban neighborhoods with high
levels of poverty often experience breakdown in the social structure and institutions such as
family and schools. This results in social disorganization, which reduces the ability of these
institutions to control behavior and creates an environment ripe for deviant behavior.
ADOLPHE QUETELET
A Belgian mathematician, who began (along with Frenchman, ANDRE MICHEL
GUERRY) what, is known as the “CARTOGRAPHIC SCHOOL OF CRIMINOLOGY”. This
approach made use of social statistics that were being developed in Europe in the early
19thcentury. Statistical data provided important demographic information on the population,
including density, gender, religious and wealth. Quetelet also uncovered evidence that season,
climate, population composition and poverty were related to criminality. More specifically, he
found that crime rates were greatest in the summer, in southern areas, among heterogeneous
populations, and among the poor and uneducated.
EMILE DURKHEIM
A French social theorist, who was one of the pioneers in the development of modern
sociology. According to Durkheim, crime is part of human nature because it has existed during
periods of both poverty and prosperity. Crime is normal because it is virtually impossible to
imagine a society in which criminal behavior is totally absent. He believed that the inevitability
of crime is linked to the differences (heterogeneity) within society. He also argued that crime
can be useful and on occasion, even healthy for society. He held that existence of crime paves
the way for social change and social structure is not rigid or inflexible. A rising crime rate can
signal the need for social change and promote a variety of programs designed to relieve the
human suffering that may have caused crime in the first place.
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SUMMARY AND COMPARISONS OF THE CLASSICAL AND POSITIVIST SCHOOLS
PERTAINING TO CERTAIN ISSUES
Definition of
Crime
Crime is a handy Strictly legal; Based on Strictly legal; but
work of evil crime is universal human taking into account
whatever the law abhorance; crime certain mitigating
says that it is. should be limited circumstances.
to inherently evil
(mala in se) acts.
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Purpose of
Punishment
Pain and Suffering To deter. Social defense. Emphasizes
Punishment is to Punishment to be deterrence and
be applied applied differently retribution, with
equally to all to different reduced emphasis on
offenders offenders based on rehabilitation.
committing the relevant
same crime. differences and
Judicial should be
discretion to be rehabilitative.
limited.
The studies of two Filipino ‘criminologists’, Ignacio Villamor (1909; 1915; 1924) and Sixto
De Los Angeles (1919), in the early 1900s referred extensively to Cesare Lombroso’s criminal
anthropology who theorized that criminality takes root in the atavistic inferiority of human
biology.
Ignacio Villamor proposed the understanding of crime through crime statistics, while
physician Sixto De Los Angeles took to examining the biological links to criminal behavior. The
two men can be considered pillars of the academe in law and medicine respectively in the
founding years of the University of the Philippines.
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SIXTO DE LOS ANGELES
(1875-)
The father Father of Philippine Forensic Medicine. De Los
Angeles’ position as medico-legal expert who autopsied bodies of
crime victims, and later on, of convict remains, earned him the
status as leading Filipino forensics professor. The fortuity of his
interest in biomedical research projects in the early 1900s placed
him in the direct path of the most provocative theory in the
period—Lombroso’s criminal anthroplogy. To test Lombroso’s
hypothesis in 1916, De Los Angeles clinically examined 100 male
and 8 female inmates in Bilibid Prison and took their
anthropometric measurements (dimension of ears, pelvic bones,
thorax, fngers, etc.). He measured convict skulls and autopsied 44
deceased convicts for cranial anomalies to investigate regressive
features. He compared his measurements to the non-criminal data
collected earlier by American anatomist Robert Bennett Bean and anthropologist Daniel
Folkmar, and French ethnologist Joseph Montano—men who brought physical anthropology to
the Philippines and back to the Western world by illustrating the measurements of Filipinos.
Figure 1 shows the cephalograph, an instrument developed by Robert Bennett Bean (1909) that
reproduces the outlines of the head and face, tested on young Filipinos in Taytay, Rizal. The
only anthropometric measure that De Los Angeles found signifcant was the smaller cephalic
index of the convicts; other measures such as height, weight and nasal index registered lower
fgures but no signifcant differences to merit a conclusion (De Los Angeles 1919:87). His scrutiny
of skulls of deceased inmates convicted of serious crimes, however, revealed cranial and brain
anomalies that bolstered the Lombrosian hypothesis (Gutierrez 2012:333)
He listed specific causes of crime in the Philippines, such as: the mental constitution of
Filipinos, which was said to be different from other nationalities; the amok, the origin of the
phrase “to run amuck,” believed to be a Filipino or Asian trait that made them behave
uncontrollably, disruptively or even murderously (when Juan Luna killed his wife and mother-
in-law in a sensational case that rocked Paris in September 1892, one of the routes taken by
his defense lawyer was that being an Asian, he was prone to “amok”); moral insensibility; an
inclination to gambling; superstition; alcohol and opium use; and pauperismo, or poverty.
The passage of Republic Act No. 6506 an Act Creating the Board of Examiners for
Criminologist on July 1, 1972 paved the way for criminology professionalization; in the
Philippines the licence to practice the profession may be obtain by passing the government
regulated examination given by Board of Criminology of the Philippines Regulatory
Commission from CHED Accredited learning institution. The law was revised later on by
Republic Act No. 1131, which was discuss earlier.
Position Name
President Dean Cirilo M. Tradio
Executive Vice President: Col. FelimonMamaril
Vice President for Metro Manila Dean Isaias Alma Jose (PCCr)
Vice President for Luzon Dean Jose Maniwag (University of Angeles
Foundation)
Vice President for Mindanao Dr.Eustaquio (AA Zamboanga College)
Vice President for Visayas ArtemioPanagniban (Cebu)
Secretary Ben Florentino (NAPOLCOM)
Treasurer Atty. Ernesto De Los santos (University of
Manila)
Auditor Brig. Gen Maria Luisa Dimayuga
Press Relation Officer Col. Jake Giron
Board of Advisers 1. Napolcom Commissioner Arcadio S.
Lozada
2. Dr. Enrique C. Galang (Pccr Graduate
School)
3. Napolcom Commissioner Cicero C.
Campos;
4. Dr.Nilo Rosas (DECS Central Office)
5. Constant Tavanlar (Nbi)
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6. Napolcom Commissioner Alfredo
Pagulayan
1987 – Syllabi of subjects for the licensure examination for criminologist was promulgated
Board of Criminology
Board of Criminology, properly called Board of Examiners for Criminologists is a body vested
with the authority to administer, to issue, suspend or revoke a certificate of registration for the
practice of criminology and to administer oaths. First Board of Criminology Constituted in 1987
naming Dr. Sixto O. de Leon as chairman, Atty. Virgilio B. Andres and Jaime S. Navarro , as
Members.
Under RA 11131, the Board of Criminology is now properly referred to as the Professional
Regulatory Board of Criminology.
The members of the Board of Criminology has a term of office for 3 years. At present the
following are members of the board:
1. Hon. Ramil G. Gabao, Chairman;
2. Hon. George O. Fernandez and
3. Hon. Ruben A. Sta. Teresa, Members.
Who Appoints the Chairman and members of the board? The President, from a list of 3
recommendees for each position, chosen and ranked by the commission from a list of 3 nominees
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for every position endorsed by the APO.
REPUBLIC ACT NO. 6506 is the law that created the Board of Criminology. The Board of
Examiners for Criminology was created on July 1, 1972. This law has been amended by RA No.
11131 or The Philippine Criminology Profession Act of 2018.
LEARNING DISCUSSION
1. Explain the basis of spiritual explanations for crime and treatment of criminals.
2. How would Cesare Beccaria and Jeremy Bentham explain person’s criminal behavior?
3. According to utilitarianism, how should this criminal and crime be treated by the criminal
justice system?
4. How criminals behave-do they act on freewill or determinism? Defend your answer.
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5. Do you agree with Cesare Lombroso that there’s such thing as BORN CRIMINALS? Why?
LEARNING ACTIVITY
Debate:
Instruction: Devide the class into four (4) groups.
1. How people act? Freewill vs. Determinism
2. What causes crime? (Individulaism vs. Environment)
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LEARNING CHECK NO. 4.1
Name: _____________________________________Score:_____/______Remark:__________________
Course/Level/Section:_________________Schedule:____________________________Date:________
ID No.: ______________________________
I-A. School of Criminology. Identify what SCHOOL OF THOUGHT is being referred to. Write the letter of your choices before
the number.
1. Maintained that crime as any other act is a natural phenomenon and is comparable to disaster or calamity.
2. Believed that the best way to prevent and deter crime was to enact laws that are clear, simple, and unbiased, and that reflect
the consensus of the population.
3. Believed that atavism could be identified by a number of measurable physical stigmata.
4. The belief that criminal behavior was guided by hedonism.
5. People have free will to choose how to act.
6. Punishment can deter people from crime, as the costs outweigh benefits, and that severity of punishment should be
proportionate to the crime.
7. The more swift and certain the punishment, the more effective it is in deterring criminal behavior.
8. Persons are free agents who deserve to be punished when they transgress the law.
9. The abolition of torture in prisons and the use of the penal system to deter would-be offenders.
10. Punishment should be based on the act, not on the actor.
11. Believed that imposition of punishment couldn’t deter and treat crimes but rather rehabilitation or the enforcement of
individual measures.
12. Biology or genetics gives an individual a predisposition to behave in a certain way.
13. Human behavior is determined and not a matter of free will.
14. Punishment should be determined by the crime.
15. Use of torture to gain confession should be abolished.
16. Pain and pleasure are the two central determinants of human behavior.
17. Punishment, a necessary evil, is sometimes required to deter law violators and to serve as an example to others who would
also violate the law.
18. Every man is responsible for his act.
19. Offenders were not entirely responsible for their crimes because there are situations or circumstances that made it impossible
to exercise freewill.
20. Individual calculates pleasures and pains in advance of action and regulates his conduct by the result of his calculations.
21. Argues that classical theory should be modified in certain details.
22. The impossibility to exercise free will is reason to exempt from criminal liability.
23. It considers only the injury caused not the mental condition of the offender.
24. Children and lunatic cannot calculate pleasure and pain, they should not be regarded as criminals or to be punished
25. Emphasizes deterrence and retribution, with reduced emphasis on rehabilitation.
26. The nature and definition of punishment is not individualized.
27. Treats all men as if they were robot without regard to the individual differences and the surrounding circumstances when the
crime was committed.
28. The school of thought spearheaded by Cesare Lombroso.
29. Cesare Beccaria is the proponent of this School of Thought.
30. Provides for Exempting Circumstances.
II. Personalities. Identify WHO is being referred to. Write the letter of your choices before the number.
31. He was an Italian prison doctor and criminologist working in the late 19th century, was one of the largest contributors to
biological positivism.
32. Known as the “father of criminology” was a physician who served much of his career in the Italian army.
33. He believed that the best way to prevent and deter crime was to enact laws that are clear, simple, and unbiased, and that
reflect the consensus of the population.
34. The advocate of freewill theory of crime causation.
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35. He advanced the theory that crime is the result of a hereditary predisposition in certain individuals.
36. Best known as an early advocate of utilitarianism and fair treatment of criminals that influenced the development of
liberalism.
37. Believed that atavism could be identified by a number of measurable physical stigmata.
38. He advocates the theory of hedonism.
39. He consistently emphasized the need for direct study of the individual, utilizing measurements and statistical methods in
anthropological, social, and economic data.
40. Known for his concept of “Pain and Pleasure principle”.
41. He first conceived of the criminal as a throwback to a more primitive type of brain structure, and therefore of behavior
42. The founder of the Italian School of Positivist Criminology
43. He asserts that human beings are endowed with absolute free will to choose right from wrong
44. Regarded as the “Father of classical criminology”.
45. Published a book entitled: “The Criminal Man”
46. Human beings are fundamentally rational, and most human behavior is the result of free will coupled with rational choice
47. He was an Italian philosopher and politician best mown for his treatise “On Crimes and Punishments”.
48. He proposed the “Just Deserve Model”.
49. Published a book entitled: “Crime: its causes and remedies”.
50. Conceived the idea of “born criminal”.
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LEARNING CHECK NO. 4.2
Name: _____________________________________Score:_____/______Remark:__________________
Course/Level/Section:_________________Schedule:____________________________Date:________
ID No.: ______________________________
MULTIPLE CHOICE. Write the letter of your choice before the number. Any forms of erasure
will invalidate your answer. Use only small letters.
19. In the historical setting of criminology, Religious 27. According to him, man is an organism having an
scholars believe that crime is a natural human need, animalistic behaviour that is dependent on other
deadly sin and the negative influence of demons animals for survival.
a. Pre-classical c. Classical a. Charles Goring c. Charles Darwin
b. Positivist d. neo-classical b. Ernest Hooton d. Albert Cohen
20. This school emphasizes the exemption of minors 28. Which of the following classical thoughts is
and mentally ill persons from criminal liability or not correct?
penalty. a. The Classical school of Criminology is
a. Neo-classical c. Classical spearheaded by Bentham and Beccaria.
b. Positivist d. Cartographic b. The Classical School of Criminology is an
advocate of punishment as a deterrent to crime.
21. They are the Holy Three of the Positivist school of c. The Classical School of Criminology argues
criminology. that criminals were primitive creatures,
1. Lombroso 2. Beccaria incapable of living normally in society.
3. Sutherland 4. Topinard d. The Classical School of Criminology also
5. Ferri 6. Garafalo argued that nature has placed mankind under
the governance of two sovereign masters,
a. 1,3,4 c. 1,5,6 “pain” and “pleasure’.
b. 2,3,4 d. 2,5,6
29. His compilation of studies in the study of the causes
22. It is the law that paved the way for criminology of crime were used by the generation of scholars
professionalization in the Philippines. who came after him, although many did not conform
a. PD No. 603 c. PD No.968 with his findings in his born-criminal type theory, he
b. RA No. 9344 d. RA No. 6506 was named the Father of Modern Criminology
a. Richard Dugdale c. Emile Durkheim
23. In connection with above question, the said law was b. Cesare Lombroso d. Cesare Beccaria
passed into law on___________.
a. July 1, 1972 c. January 13, 1983 30. In this theory man’s free will becomes the basis of
b. January 15, 1983 d. May 1, 1987 the commission of a criminal act.
a. Demonological Theory
24. He proposed that criminals have the freewill to b. Neo-classical Theory
commit or not to commit crime. He also became the c. Classical theory
Father of Modern Criminology when he
concentrated in the scientific study of offenders.
d. Positivist School of Thought
a. Cesare Beccaria c. Cesare Lombroso 31. The study of the external formation of the skull
b. Rafaelle Garofalo d. Enrico Ferri indicates the conformation of the brain, its
development and mal development which is related
25. The first ever educational institution offering the to a person’s behavior.
criminology course. a. Physiognomy c. Physiology
a. University of Manila b. Phrenology d. Skullology
b. University of Cebu
c. Philippine College of Criminology 32. Another advocator of Classical Theory who stated
d. University of Cordillera that free will would lead people to avoid crime
where the benefit to be derived from committing the
26. The Frenchman who coined the phrase manie sans crime was outweighed by the pain of punishment.
delire and claimed that some people behave a. Cesare Beccaria c. William Sheldon
abnormally even without being mentally ill. b. Jeremy Bentham d. Emile Durkheim
a. Henry Maudsley c. Philippe Pinel
b. Johann Spurzheim d. Franz Joseph Gall
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33. What school of thought in Criminology challenges 41. The concept of natural crime was the major
the proposition that man has absolute freewill to contribution of ________.
choose between good and evil states that it is not a. Enrico Ferri c. Cesare Lombroso
absolute as presumed to be because freewill can be b. R. Garofalo d. Jeremy Bentham
diminished by pathology, mental disorders and other
conditions that may instigate personal 42. The belief that crime results from forces beyond the
responsibility? control of the individual.
a. Neo-classical School of Criminology a. Spiritualism c. Utilitarianism
b. Cartographic Criminology b. Soft determinism d. Hard determinism
c. Radical Criminology
d. Positivist Criminology
43. The belief, first proposed by Jeremy Bentham, that
34. Being the founder of Sociology, he applied scientific behavior hold value to any individual undertaking it
methods in the study of society and its role in the according to the amount of pleasure or pain that it
causes of crime. He likewise pioneered the Positivist can be expected to produce for that person.
Writings and stated that human behavior is a a. Freewill c. Rationality
function of external and internal forces that are b. Hedonistic Calculus d. Spiritualism
beyond individual control.
a. Charles Darwin c. Cesare Lombroso 44. The notion that criminal offenders deserve the
b. August Comte d. Sigmund Freud punishment they receive at the hands of the law and
that punishment should be appropriate to the type
35. His theory on the born-criminal type based on the and severity of crime committed.
physical features of man that differentiates a a. Justice Model c. Just Desert Model
criminal from that of a non-criminal, most b. Medical Model d. Temptation Model
importantly in terms of intelligence, convinced
many to follow his other works in the study of the Choices for Items 27-36
causes of crime. a. Murderers
a. Cesare Beccaria c. Jeremy Bentham b. Violent Criminals
b. Cesare Lombroso d. Enrico Ferri c. Deficient Criminals
d. Lascivious Criminals
36. The present penal code of the Philippines adopts e. Criminal by Passion
mainly the _________. f. Born Criminals
a. Classical Theory c. Neo-Classical Theory g. Habitual Criminals
b. Positivist Theory d. Demonological h. Criminaloids
Theory i. Pseudo Criminals
j. Occasional Criminals
37. This theory states that human behavior is determined k. Insane Criminals
by psychological, biological, or social forces that
constrain our rationality and free will. 45. Criminals as a result of an alteration of their brain or
a. Neo-classical c. Positivist due to abnormalities
46. Those who kill in self defense
b. Classical d. Demonological
47. Those who commit crimes against chastity.
48. Commit crimes due to less stamina/self-control
38. Dela Porta and J.K. Lavater founded this study
49. Those who satisfied from revenge.
which refers to the role of the facial features of an
50. Those who commit crimes against property.
offender in relation to human behavior.
51. Those who commit serious crimes
a. Physiology c. Phrenology 52. Atavistic or those inherited criminal behavior.
b. Physiognomy d. Biology 53. Influenced by great emotion.
54. They are “career offenders”.
39. A Belgian mathematician who introduced the
Carthographic School of Criminology using 55. The theory the treated criminal as a Calculator.
important mathematical data on statistics that a. Demonological Theory c. Classical Theory
includes demographic information on population,
b. Neo-Classical Theory d. Positivist Theory
including density, gender, religious affiliation
information and wealth.
56. This theory of punishment asserts that its purpose is
a. Franz Joseph Gall c. August Aichhorn not to deter or to rehabilitate but to defend society
b. Adolphe Quetelet d. Edwin Sutherland from criminal predation.
a. Deterrence c. Rehabilitation
40. It argued that criminal is determined.
b. Social defense d. Imprisonment
a. Demonological Theory c. Classical Theory
b. Neo-Classical Theory d. Positivist Theory 57. He believed that mental characteristics are
invariably determined by physiological causes, and
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he postulated the existence of a criminal type that d. Society is based on consensus, but not on a
was largely the result of hereditary and degenerative social contract.
factors rather than environmental conditions. 66. He treated crime as an outcome of a confluence of
a. Lombroso c. Ferri social factors (such as cultural and religious
b. Betham d. Becarria superstition, and lack of education) and physical
factors (referring extensively to Lombroso’s theory
58. The belief popularized by Robert Martinson in the of atavism as proxy discussion).
1970s that correctional treatment programs have a. Atty. Ignacio Villamor
little success in rehabilitating offenders. b. Sixto De Los Angeles
a. Just Desert Model c. Felipe G. Calderon
b. Nothing Works Doctrine d. Felix Angelo Bautista
67. Which of the following is not one of the four best
c. Justice Model ways to prevent and deter crime according to
d. Treatment Model Becarria?
a. Enact laws that are clear, simple, and unbiased.
59. It is considered the first book devoted solely to the
causes of criminality. b. Educate the public.
a. Genius and Insanity c. The Man of Genius c. Eliminate corruption from the administration of
justice.
b. The Female Offender d. The Criminal Man
d. Punish the criminals and make sure that they
60. The term used to describe the appearance of suffer.
organisms resembling ancestral forms of life. e. Reward virtue.
a. Utilitarianism c. Positivism
68. A goal of criminal sentencing that seeks to prevent
b. Atavism d. Determinism
others from committing crimes similar to the one for
which a particular offender is being sentenced.
61. He concluded that there are no such thing as physical
criminal types and accepted that criminals are a. Social defense
physically inferior to normal individuals in the sense b. Rehabilitation
that criminal tends to be shorter and have less weight c. Specific Deterrence
than non-criminal. d. General Deterrence
a. Charles Darwin c. Charles Goring
b. Earnest Kretschmer d. Earnest Hooton
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Chapter Five
Crime and Its Typologies
Introduction
There are various definitions of crime.
Many scholars have disagreed as to what should
be considered a crime. For instance, if one takes
a legalistic approach, then crime is that which
violates the law. The issue with defining crime
At the end of this chapter the from a legalistic approach is that one jurisdiction
students should be able to: may designate an action as a crime while
define crime and differentiates it another does not recognize such an action as a
with the term criminality, deviancy, crime. Hence, crimes may vary in different sates.
sin and immorality. In addition, the definitions of crime may
enumerate and discuss the two exhibit both undercriminalization and
models. overcriminalization. Undercriminalization
identify and explain the refers to the fact that the criminal law fails to
characteristic of crime. prohibit acts that many feel are mala in se.
explain what constitute crime. Overcriminalization involves the overextension
explain how crime exist using the of criminal law to cover acts that are
crime formula, crime triangle and inappropriately or not responsibly enforced by
the square of crime. such measures.
enumerate and explain the different In ordinary language, a crime is an
typologies of crime. unlawful act punishable by a state or other
authority. The term crime does not, in modern
criminal law, have any simple and universally
accepted definition, though statutory definitions have been provided for certain purposes.
This chapter concentrates on the concept of crime, its elements, characteristics and what
constitute it. It will also answer why crime exist using the crime formula, crime triangle and
the square of crime as well as the two models of crime. The last part of this chapter will focus
on the general, legal, criminological and other classification of crimes.
CRIME defined
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c. PSYCHOLOGICAL definition: Crime is an act which considered undesirable due to
behavioral maladjustment of the offender and considered as an acts that are caused by
abnormal behavior.
OTHER DEFINITIONS:
- An intentional act in violation of the criminal law committed without defense or excuse,
and penalized by the state.’
- A crime is an act in violation of a criminal law for which a punishment is prescribed; the
person committing it must have intended to do so and must have done so without legally
acceptable defense or justification.
3. Crime and Sin - 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.
CHARACTERISTICS OF CRIME
1. CRIME IS PERVASIVE- almost all member of a free society are once upon a time a
victim or an offender of a criminal act. Crime as an associate of society affects almost all
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people - regardless of age, sex race, nationality, religion, financial condition, education
and other personal circumstances.
2. CRIME IS EXPENSIVE- the government and private sector spend enormous amount
of money for crime detection, prosecution, correction and prevention. Those expenses are
other:
3. CRIME IS DESTRUCTIVE- many lives have been lost because of crimes like murder,
homicide, and other violent deaths. Property has been lost or destroyed on account of
robbery, theft and arson.
CORPUS DELICTI: It refers to the elements of a given act that must be present in order to
legally define it as a crime.It is only necessary for the state to prove two elements to satisfy
corpus delicti:
1. ACTUS REUS – it means guilty act, and refers to the principle that a person must
commit some forbidden act or neglect some mandatory act before he or she can be
subjected to criminal sanctions.
2. MENS REA – It mean guilty mind, a prior intention to commit a criminal act, with
the knowledge that the act is a crime. For all but some minor statutory offenses, mens
rea is basic to establishing the actual guilt of somebody alleged to have committed a
crime.
In criminal law, we sometimes have to consider the crime on the basis of intent. For
example, attempted or frustrated homicide is distinguished from physical injuries
only by the intent to kill. Attempted rape is distinguished from acts of lasciviousness
by the intent to have sexual intercourse. In robbery, the mens rea is the taking of the
property of another coupled with the employment of intimidation or violence upon
persons or things; remove the employment of force or intimidation and it is
not robbery anymore.
CRIMINAL INTENT: Criminal Intent is not deceit. Do not use deceit in translating
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dolo, because the nearest translation is deliberate intent. In criminal law, intent is
categorized into two: (1) General criminal intent; and (2) Specific criminal intent.
a. General criminal intent is presumed from the mere doing of a wrong act.
This does not require proof. The burden is upon the wrong doer to prove
that he acted without such criminal intent.
b. Specific criminal intent is not presumed because it is an ingredient or
element of a crime, like intent to kill in the crimes of attempted or frustrated
homicide/parricide/murder. The prosecution has the burden of proving the
same.
NOTA BENE:
Actus non facitreum nisi mens sit rea, “the act itself does not make a man
guilty unless his intentions were so.
Actus me invitofactus non estmeusactus, “an act done by me against my will
is not my act.
2. CONCURRENCE: Means that the act and the mental state occur in the sense that the
criminal intention actuates the criminal act.
3. CAUSATION: Refers to the necessity to establish a causal link between the criminal act
and the harm suffered.
4. HARM: Refers to the negative impact a crime has either to the victim or to the general
values of the community.
1. CONFLICT MODEL – there are different values systems and norms between groups.
The most powerful group imposes its definitions of crime on the rest, and the justice
system primarily serves them and reinforces their power.
2. CONSENSUS MODEL – people agree on basic norms and values. Those who break
them must be sanctioned. Law set boundaries for acceptable behavior within the society.
A. LEGAL POINT OF VIEW- Crime exists when the person has been proven guilty by the
court. The main objective to this view in that there is a terrific morality of cases between
the times a crime has been reported up to the time a verdict of conviction is made by the
court.
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B. 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 also they are
also unfounded.
The formula shows that a person’s criminal tendency and his resistance to them may either
result in criminal act depending upon, which of them is stronger. This means that a crime or
criminal behavior exist when the person’s resistance is insufficient to withstands the pressure
of his desire or intent and the opportunity in understanding this, the environment factors such
as stress and strains are considered because they contribute in mobilizing a person’s criminal
tendency and the individual psychological state while resistance to temptation arise from the
emotional, intellectual and social upbringing and it either manifestation of a strong or weak
character.
TRIANGLE OF CRIME
The Crime Triangle identifies three factors that
create a criminal offense. It is an understanding and
awareness of how crime happens. By understanding
the process, you, as an individual, can significantly
decrease your chances of becoming a potential victim.
Crime is a process ajnd often follows a pattern.Three
elements must be present in order for crime to be
successful: desire, target and opportunity.
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Distinction between intent and motive
Intent Motive
Intent is demonstrated by the Motive implies motion. It refers
use of a particular means to to the reason why a person will
bring about a desired result – it commit a crime. It is the moving
is not a state of mind or a reason power which impels one to do an
for committing a crime. act.
NOTA BENE: When there is motive in the commission of a crime, it always comes before
the intent. But a crime may be committed without motive.
2. Target of the criminal’s desire. A target is anyone who appears to be an easy victim.
3. Opportunity for the crime to be committed. It consists of the acts of omission and or/
commission by a person (the victim), which enables another person or group of persons
(The criminal/s) to perpetrate a crime.
1. Felony– is an act and omission punishable by law specifically revised Penal Code.
Felony is committed not only by means of fault (culpa) but also by means of dolo (deceit).
(Art. 3, RPC)
Act any bodily movement tending to produce some effect in the external world, it being
unnecessary that the same be actually produced, as the possibility of its production is
sufficient.
Omission is meant inaction, the failure to perform a positive duty which one is bound
to do. There must be a law requiring the doing or performance of an act.
3. Misdemenor/ Delinquency – Acts that are in violation of simple rules and regulations.
1. BY MEANS OF DOLO OR DECEIT (Intentional Felony)- when the act was done
with deliberate intent. Its elements are Intelligence, Freedom (Voluntariness) and
Intent.
1. ATTEMPTED CRIME- When the offender commences the commission of the felony
directly by overt acts and does not perform all the acts of execution which could
produce the felony by reason of some causes or accident other than his own
spontaneous desistance.
2. FRUSTRATED CRIME- When the offender has performed all the acts of execution
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which will produce the felony as a consequence but which nevertheless, do not produce
the felony by reason of causes independent of the will of the perpetrator.
3. CONSUMMATED CRIME- When all the elements necessary for its execution and
accomplishment are all present.
2. COMPLEX CRIME - When single act constitute two or more grave or less grave
felonies or when an offense is a necessary means for committing the other. The
penalty for the most serious crime shall be imposed, the same to be applied in its
maximum period. (Article 48, Revised Penal Code)
a. Compound Crimes- When a single act constitutes two or more grave or less grave
felonies.
b. Complex Crime Proper - When an offense is a necessary means for committing the
other.
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294, par. 2), or kidnapping with serious physical injuries (Art. 267, par. 3), or
kidnapping with murder or homicide (Art. 267, last par.), or rape with homicide (Art.
335). Robbery with Arson, Kidnapping with rape, Arson with homicide. Art. 48 does
not apply because the Revised Penal Code provides for one single penalty for each of
those special complex crimes.
1. GRAVE FELONIES- Those which the law attaches the capital punishment (Death)
or afflictive penalties (Reclusion Perpetua, Reclusion Temporal, Permanent and
Temporary Absolute Disqualification, Permanent and Temporary Special
Disqualification, & Prision Mayor).
2. LESS GRAVE FELONIES- Those which the law punishes with penalties which are
correctional (Prision Correctional, Arresto Mayor, Suspesion & Destierro) in nature.
3. LIGHT FELONIES- Those are those infractions of law for the commission of
which, the penalty of arresto menor of a fine of not exceeding P40,000. 00 or both is
provided. Public Censure is included.
NOTA BENE: RA No. 10951, An act adjusting the amount or the value of property and damage
on which a penalty is based, and fines imposed under the Revised Penal Code. (It amended
Article 9 and 26). It is signed into law on August 29, 2017.
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4. Crimes against Public Order
5. Crimes against Person.
6. Crimes relative to Opium and other Prohibited Drugs.
7. Crimes against Public Morals.
8. Crimes against Chastity.
9. Crime against Honor.
10. Crimes against Liberty and Security.
11. Crimes committed by Public Officers.
12. Crimes against Property.
13. Crimes against the Civil Status of Persons.
14. Quasi-offenses.
a. SEASONAL CRIME - Those committed only during a certain period of the year
like violation of tax law.
b. SITUATIONAL CRIME- Those committed only when given the situation conducive to
its commission.
a. RATIONAL CRIME- Those committed with intention and offender is in full possession
of his sanity.
b. IRRATIONAL CRIME- Those committed by persons who do not know the nature and
quality of his act on account of the disease of the mind.
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EDWIND SUTHERLAND defined it as a crime committed by a person of respectability
and high social status in the course of his occupation.
a. BLUE COLLAR CRIME- Any crime committed by an individual from a lower social
class and ordinary professional criminal to maintain their livelihood.
NOTA BENE:
Corporation is a business entity having a separate legal personality from the
natural persons that manage its activities),
An organized gang or criminal set can also be referred to as a Mob. Organized crime,
however defined, is characterized by a few basic qualities including durability over time
diversified interests, hierarchical structure, capital accumulation, reinvestment, access
to ' political protection and the use of violence to protect interests.
C. POLITICAL CRIME - A political crime is one involving overt acts or omissions which
prejudice the interests of the state its government or the political system.
REASON: Curtailment of Human Rights, Civil Rights, and Freedoms and conduct which
would not normally be considered criminal per se, i.e. that is not antisocial according to
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those who engage in it, is criminalized at the convenience of the group holding power.
NOTA BENE:
The above are considered political crime because they represent a direct
challenge to the government in power.
But offenders do not have to aim to overthrow the government or to depose its
leaders to be acting in a way perceived as "political". A state may perceive it
threatening if individuals advocate change to the established order, or argue the
need for reform of long-established policies, or engage in acts signifying some
degree of disloyalty, e.g. by burning the nation's flag in public.
D. PUBLIC ORDER CRIME - it is crime which involves acts that interfere with the
operations of society and the ability of people to function efficiently. It is behavior that has
been labeled criminal because it is contrary to shared norms, social values, and customs. It
is an act that contravenes a law.
E. STATE CRIME - An activity or failures to act that break the state's own criminal law or
public international law. Initially, the state was the agency of deterrence, using the threat
of punishment as a utilitarian tool to shape the behavior of its citizens. Then, it became
the mediator, interpreting society's wishes for conflict resolution. Theorists then identified
the state as the "victim" in victimless crimes. Now, theorists are examining the role of the
state as one of the possible perpetrators of crime whether directly or in the context of state-
corporate crime.
NOTA BENE:
State is the elected and appointed officials, the bureaucracy, and the
institutions, bodies and organizations comprising the apparatus of the
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government.
IN COMMON USAGE, victimless crime refers to behavior that is illegal but which is
claimed to not violate or threaten the rights of anyone and may be associated with the
implication that the behavior should therefore not be illegal. Victimless crime has the
following applications:
1. A victimless crime may be one in which the victim is the accused.
2. It is typically applies to adults, and specifically not to minors who have not yet reached
the age of consent, where age of consent is relevant. For example, an adult selling
drugs or sex to another adult may be seen as a victimless crime, but selling drugs or sex
to a minor is not victimless, as the minor is not legally able to consent.
In the Philippine, out of 365 Articles of the Revised Penal Code of the Philippines, Gambling
of any kind and vagrancy are considered as the only "victimless crimes." Games that may
constitute gambling may include the following:
1. Any game or scheme the result of which depends wholly or chiefly upon chance or hazard
and wherein wagers consisting of money, articles of value, or representative of value are
made; and
2. Any other mechanical invention or contrivance to determine by chance the loser or
winner of money or any object or representative of value.
On the other hand, a vagrant is either of the following:
1. One, having no apparent means of subsistence, who has the physical ability to work,
neglects to apply himself or herself to some lawful calling;
2. One found loitering about public or semi-public buildings or places, or tramping or
wondering about the country or streets without visible means of support.
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3. Any idle or dissolute person who lodges in houses of ill-fame, ruffians or pimps and those
who habitually associate with prostitutes;
4. One, not included within any other articles of the Code, shall be found loitering in any
inhabited or uninhabited place belonging to another without any lawful or justifiable
purpose.
Article 202 on Vagrancy is certainly against the poor, like scavengers, or people who are
living out of trash and garbage of the society. A scavenger who has no lawful means of livelihood
or subsistence except loitering about public or semi-public places or buildings, or tramping or
wondering about the country or streets, for the purpose of collecting recyclable trash and
garbage in order to make a living out of it, could be considered and booked as vagrant.
This is one kind of a law which punishes one who is poor and who has no lawful means of
livelihood or subsistence, except of being a scavenger, hence he could be charged for "vagrancy,"
but at the same does not punish a prostitute who has also lawful means of livelihood, maybe as
a regular employee during day time, and a prostitute during night time.
NOTA BENE:
Debate exists surrounding how accurately the legal age of consent reflects the
true age at which individuals are intellectually capable of informed consent.
Where individuals are mentally capable of informed consent, but have not yet
reached the legal age of consent, certain crimes may be considered victimless.
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LEARNING CHECK NO. 5
Name: _____________________________________Score:_____/______Remark:__________________
Course/Level/Section:_________________Schedule:____________________________Date:________
ID No.: ______________________________
I- MULTIPLE CHOICE. Write the letter of your choice before the number. Any forms of erasure will invalidate
your answer.
1. It means inaction, the failure to perform a positive duty which one is bound to do.
a. Act c. Commission
b. Omission d. Both b and c
2. Any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually
produced, as the possibility of its production is sufficient.
a. Act c. Commission
b. Omission d. Both b and c
3. It refers to the criminal intent.
a. Actus Rea c. All of the above
b. Mens Rea d. None of the above
4. Crime can be expressed in this formula:
a. T+S c. T+R
C =--------------- C =---------------
R T
b. P+S d. R+S
C =--------------- C =---------------
R S
5. It is an act committed or omitted in violation of a public law forbidding or commanding it.
a. Delinquency d. Sin
b. Crime e. Immorality
c. Criminality
6. It refers to the elements of a given act that must be present in order to legally define it as a crime.
7. It means that the act and the mental state occur in the sense that the criminal intention actuates the criminal act.
8. It refers to the negative impact a crime has either to the victim or to the general values of the community.
9. It refers to the necessity to establish a causal link between the criminal act and the harm suffered.
14. Those which the law attaches the capital punishment or afflictive penalties.
15. Those which the law punishes with penalties which are correctional in nature.
16. Those infractions of law for the commission of which the penalty of Arresto Mayor of fine not exceeding 200 pesos
are imposed.
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17. An act or omission that is punishable by the Revised Penal Code.
18. An act or omission that is punishable by special laws.
19. Acts that are in violation of simple rules and regulations.
II. IDENTIFICATION. Identify what is being define or described. Write the letter of your answer on the space
provided before the number. The possible answers are written below.
A. IMPRUDENCE H. TRANSITORY CRIMES
B. NEGLIGENCE I. CONFLICT MODEL
C. DOLO J. CONTINUED CRIME
D. CULPA K. ATTEMPTED FELONIES
E. COMPOUND CRIME L. FRUSTRATED FELONIES
F. COMPLEX CRIME PROPER M. CONSUMMATED FELONIES
G. SPECIAL COMPLEX CRIMES N. CONSENSUS MODEL
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III. MATCHING TYPE. Match Column A to Column B. Write only the letter of your answer before the number.
COLUMN A COLUMN B
1. Committed only when given the situation conducive to its A. EPISODIC CRIME
commission.
2. Offender acquires something as a consequence of his B. EXTINCTIVE CRIME
criminal acts.
3. Committed only during a certain period of the year C. SITUATIONAL CRIME
4. Committed in the shortest possible time. D. ACQUISITIVE CRIME
5. Committed by persons who do not know the nature and E. INSTANT CRIME
quality of his act.
6. The end result of a criminal act is destructive. F. STATIC CRIMES
7. Committed with intention and offender is in full possession G. SEASONAL CRIME
of his sanity.
8. Committed by a series of act in a lengthy space of time. H. BLUE COLLAR CRIME
9. Committed by Person of Respectability and Upper Socio- I. RATIONAL CRIME
Economic Class.
10. Committed in several places. J. WHITE COLLAR
CRIME
11. Committed by an individual from a lower social class. K. CONTINUING CRIME
12. Committed in only one place. L. IRRATIONAL CRIME
123
Chapter Six
Criminal: The Actor of Crime
Introduction
A crime is an act committed by a person
that is contrary to the laws of a country or region.
A person doing so is called a criminal. This
chapter will focus on the definition of criminal,
At the end of this chapter the
the legal making of a criminal and how it differ
students should be able to:
to other terms related to it. It also discuss the
define criminal and learn legal
classification of criminals and the traits that
process of becoming criminal.
lead to criminal behavior.
differentiates criminal from
delinquent, suspect, person of
CRIMINAL defined
interest, respondent, accused,
CRIMINAL may be defined in three different
convict and fugitive from justice.
views:
identify and explain the different
classification of criminal; and
1. In Criminological sense, a person may
explain the traits that a person
be considered as a criminal from the time he or
possesses that can lead to criminal
she committed the crime regardless whether or
behavior.
not it has been reported to the Police for
investigation.
2. In legal sense, a person maybe considered a criminal only upon undergoing the
judicial process and upon determination by the Court that he or she is guilty
beyond reasonable doubt. There must be a final verdict of his guilt.
3. In Criminal Justice sense, a criminal may be defined as one who has undergone
the process and went through all the pillars of the Criminal Justice System.
a. Acute Criminal- Person, who violates criminal law because of the impulse of the
moment, fit of passion or anger or spell of extreme jealousy.
b. Chronic Criminal- Person who acted in consonance with deliberate thinking, such
as:
a. Ordinary Criminal- the lowest form of criminal career. They engage only of
conventional crimes which require limited skill. They lack organization to avoid
arrest and convictions.
c. Professional Criminal- They are highly skilled and able to obtain considerable
amount of money without being detected because of organization and contract with
other professional criminals. These offenders are always able to escape
conviction. They specialize in the crime which requires skill games, pick-pocketing,
shoplifting sneak thievery counterfeiting and others.
c. Habitual Criminal- Those who continue to commit criminal acts for such diverse
reason due to deficiency of intelligence and lack of self-control.
d. Situational Criminal- Those who are actually not criminals but constantly
in trouble with legal authorities because they commit robberies, larcenies,
and embezzlement which are intermixed with legitimate economic activities.
a. Passive Inadequate Criminal- Those who commit crimes because they are pushed
to it by inducement, by reward or promise without considering its consequence. They
are called "ulukan"
c. Socialized Delinquent - Those who are normal in their behavior but merely
defective in their socialization processes. To this group belongs the educated
respectable member of society who may turn criminals on account of the situation
they are involved.
(1) Social Criminal - A general category supported by general cultural ends. Political
crime and crime by terrorist organisations is an example of it.
(2) Individualised Criminal - Those who commit crime for their diverse personal and
private ends.
2. Criminal Peers: Individuals with this trait often have peers that are associated with
criminal activities. Most are often involved with substance abuse including drugs or
alcohol. Peer influence often persuades the individual to engage in criminal behavior.
They will also typically present with a lack of pro-social community involvement.
3. Anti-social personality: These traits often include atypical behavior conducted prior
to the age of fifteen and can include, running away, skipping school, fighting, possessing
weapons, lying, stealing and damage to either animals or property.
4. Dysfunctional family: One of the most common traits includes a lack of family support,
both emotionally and otherwise. An individual’s family lacks the ability to problem solve
and often is unable to communicate effectively. Family members often don’t possess the
ability to express emotions in an appropriate manner. More often than not, they are also
involved with criminal activity.
5. Low self-control: This involves one’s ability to control temperament and impulsivity.
People that carry this trait often do things that they didn’t plan, and will fail to think
before acting. The mindset is of the here and now, and not on the consequences of the
behavior.
6. Substance abuse: The use of drugs or alcohol that significantly affect one’s ability to
engage in a successful and productive lifestyle. There is often an increased tolerance to
substances, in addition to an inability to stop use.
LEARNING CHECK NO. 6
Name: _____________________________________Score:_____/______Remark:__________________
Course/Level/Section:_________________Schedule:____________________________Date:________
ID No.: ______________________________
I. MATCHING TYPE. Match Column A to Column B. Write only the letter of your answer before the number.
COLUMN A COLUMN B
1. Commit criminal acts as a result of unanticipated circumstances. A. Acute Criminal
2. Commit crimes because they are pushed to it by inducement, by reward B. Habitual Criminal
or promise
3. Those who earn their livingthrough criminals activities C. Passive Inadequate
Criminal
4. Those who have defective socialization processes who turn criminals on D. Organized Criminal
account of the situation they are involved.
5. Commit criminal acts for such diverse reason due to deficiency of E. Social Criminal
intelligence and lack of self-control.
6. These criminal has a high degree of organization to enable them to F. Chronic Criminal
commit crimes without being detected
7. Violates criminal law because of the impulse of the moment, fit of G. Situational Criminal
passion or anger.
8. Commit crime in an impulsive manner usually due to the aggressive H. Accidental Criminal
behavior
9. Person whose psychic organization resembles that of normal individuals I. Neurotic Criminal
except that he identified himself with criminal proto type.
10. A general category supported by general cultural ends like terrorist. J. Active Aggressive
Criminal
11. Person whose action arises from intra-psychic conflict between the social K. Normal Criminal
and anti-social components of his personality.
12. Those who commit crime for their diverse personal and private ends. L. Ordinary Criminal
13. Engage only of conventional crimes which require limited skill M. Professional Criminal
14. Those who constantly in trouble with legal authorities because N. Socialized Delinquent
they commit robberies.
15. Those either neurotic or normal criminal. O. Individual Criminal
III. Essay
1. Who is a criminal? (5 pts.)
2. Differentiates criminal from accused, respondent and suspect. (10 pts.)
3. Among the traits that lead to criminal behaviour, what do you think is the most likely
reason why person commits crime?
CHAPTER SIX
Fundamentals of Criminal Law
INTRODUCTION
Criminal law is about the system of legal
rules defining what behavior is classified as a
crime and how the government can prosecute
individuals who commit crimes.
This chapter will focus on criminal law, its
difintion and how it differ to special law. It also
At the end of this chapter diffrentiate malum in se and malum prohibitum
the students should be able to: crimes. It will discuss as well the origin of law
define criminal law and distinguish it and the earliest code as a foundation of law. It
from special law. will also cover the definition of remedial and
distinguish malum in se and malum substantive law and the limitations on the power
prohibitum crimes. of the lawmaking body to enact penal legislation.
recall the origin of law and enumerate Further, the chapter will discuss the
all the earliest code. development of criminal law in the Philippines.
discuss the development of criminal Lastly, it will discuss the characteristics and the
law in the Philippines. theories behind criminal law.
distinguish remedial law from
substantive law. CRIMINAL LAW AND SPECIAL LAW
enumerate and explain the Criminal law is the branch or division of
limitations on the power of the law- law which defines crime, treats of their nature,
making body to enact penal and provides for their punishment. It is that
legislation. branch of public substantive law which defines
explain the rules on repeals and offenses and prescribes their penalties. It is
interpretation of penal laws. substantive because it defines the state’s right to
identify and explain the inflict punishment and the liability of the
characteristics and theories of offenders. It is public law because it deals with
criminal law. the relation of the individual with the state.
discuss and differentiates the views While Special Law is the law which applies
on the causes and controls of criminal to particular individuals in the state or to a
behavior. particular section or portion of the state. A
“special law” law is penal law which punishes
acts not punishable by the Revised Penal Code. Special law is a statute enacted by the
legislative branch, penal in character, which is not an amendment to the Revised Penal Code.
NOTA BENE:
SUMERIAN is known today as Iraq.
2. MOSAIC CODE - The second of the ancient legal codes still surviving is the MOSAIC
CODE OF THE ISRAELITES (1200 BC). According to the tradition, God entered into a
covenant with the tribes of Israel in which they agreed to obey his law (the 613 laws of the
Old Testament), as presented by Moses, in return for God’s special care and protection. This
code is not only the foundation of the Judean- Christian moral teachings, but also is a basis
for the US legal system.
3. ROMAN LAW - Early Roman law derived from the Twelve Tables – written circa 450 B.C.
which regulated family, religious, and economic life. TEN NOBLE ROMAN men
formulated this code in response to pressure from the lower classes, which were referred to
as plebeians. They believed that unwritten code gave arbitrary and unlimited power to the
wealthy classes known as Patricians. Emperor Justinian I (A.D. 527-565) – The Justinian
Code – contained elements of our modern civil and criminal law and influenced Western
legal thought through the Middle Ages.
4. COMMON LAW - Common Law forms the basis for much of our modern statutory and case
law. It has often been called the major source of modern criminal law. Common law refers
to a traditional body of unwritten legal precedents created through everyday practice of
English society and supported by court decisions during the Middle Ages. Common law is
socalled because it was based on shared traditions and standards rather than on those that
varied from one locale to another. Today, common law forms the basis of many of the laws
on the books in English-speaking countries around the world.
5. THE MAGNA CARTA - “Great Charter” important source of modern laws. The Magna
Carta was signed on June 15, 1215 by King John of England at Runnymede under pressure
from British barons who took advantage of John’s military defeats at the hands of Pope
Innocent III and King Philip Augustus of France. It forced the King to be bound by law.
Original purpose was to ensure feudal rights and to guarantee that the king could not
encroach on the privileges claimed by landowning barons. Later, it guaranteed basic
liberties for all British citizens and ruled that any acts of Parliament that contravened
common law would be void. This formed the basis for Supreme Courts power to nullify laws
of Congress. Provision concerning not prosecuting barons without just cause served as basis
of our concept of due process of law. It has been called, “The foundation stone of our present
liberties.”
7. HINDU CODE OF MANU – INDIA - Date of publication uncertain but believed to be about
200 BC - was a hybrid moral-religious-law code and one of the first written law codes of Asia.
In spite of its age, it has sustained paramountcy in the Hindu culture. It was also the code
of conduct for inter-caste relationships in India.
Also spelled "Menu" and "the Ordinances of Menu" or the Manu Code, this article uses the
more common word "Manu" and the The Laws of Manu.
This ancient Hindu law code of India, collectively called "Smirtu", was unique in many ways
but two stand out.
1. It is the best known of India, and one of the oldest written legal code in the world; and
2. It combined rules of law sprinkled between many moral rules, the latter predicated
on a firm belief in reincarnation and a formal caste system.
According to Hindu religion, the first man, Manu Svayambhuva, laid down the laws by
which people were to live. These laws, the Code of Manu, divided Hindu society into four
social classes: the Brahmins were the priests and wise men; the Kshatriyas were the
warriors; the Vaisyas were the merchants and farmers; and the Shudras were the menial
laborers.
8. KORAN - ISLAMIC SOCIETY - The Qur'an (in Anglicized form: Koran ) is certainly the
greatest literary work in classical Arabic and for all Muslims stands as the definitive word
of God (in Arabic: Allah ) spoken to the prophet Muhammad by the angel Gabriel.
9. SUMERIAN CODE (3500 B.C.) - The Code of Ur-Nammu is the oldest surviving law code.
This text was written on clay tablets in the Sumerian language and is reckoned to have been
produced towards the end of the 3rd millennium BC. The Code of Ur-Nammu may be divided
into two parts, the first is the prologue and the second is the laws themselves. Apart from
being the oldest surviving law code, the Code of Ur-Nammu is also important as it gives us
a glimpse of the way justice was conceived in ancient Sumerian society.
10. LAW OF MOSES (1500 B.C. – 1900 B.C.) - The name assigned to the whole collection of
written laws given through Moses to the house of Israel, as a replacement of the higher law
that they had failed to obey. The law of Moses consisted of many ceremonies, rituals, and
symbols, to remind the people frequently of their duties and responsibilities. It included a
law of carnal commandments and performances, added to the basic laws of the gospel. Faith,
repentance, baptism in water, and remission of sins were part of the law, as were also the
Ten Commandments.
1.) Great penalty shall be imposed on laziness. Land shall be cultivated and planted.
2.) A lazy person shall be arrested and sold as a slave to work in the fields.
3.) When a slave becomes industrious and an able worker, the purchase money shall be
returned to his purchaser and the slave shall be freed to fill his own land.
4.) When a man, after gaining his freedom, again becomes lazy and improvident he shall
be rearrested and thrown into the deepest forest to keep him from associating with his
own people.
5.) Theft and reaping plants grown and cultivated by others shall be severely punished
and the person found guilty shall have his fingers cut.
6.) Marriage to as many as three women may be permitted in the beginning in order to
increase the population. Afterwards only those who can support many wives and children
may be permitted more than one wife.
7.) Poor persons shall not have more than two children. Children of the poor in excess of
two in number, shall be killed or thrown to swift river.
8.) The authorities shall arrest a man who dishonors a woman, runs away and does not
marry her.
9.) If the man is not found, the illegitimate child shall be killed and they shall both be
buried in one grave.
10.) Parents shall no longer take of their children who beget illegitimate children.
The Maragtas Code is proof of the advanced civilization of the Bisayans. Morals were
high, industry was encouraged. Gregorio Zaide agreed in his book, that the Code of
Maragtas was promulgated in 1212. The original manuscript which was given to the
custody of the Order of Saint Augustine and changed hands is missing and may the
search be made upon orders of the national and local government of a national treasure.
CODE OF KALATATIAO
If you will be asked about the development of criminal law in the Philippines, do not start
with the Revised Penal Code. Under the Code of Kalantiao, there were penal provisions.
The code of kalantiao was promulgated in 1433. The code provides severe punishment to
men who were cruel to their wives, husbands who maltreated innocent wives were sentenced
to death. If a man would have a relation with a married woman, she is penalized. Adultery, as
well as the contracting of marriage to very young girls was severely punished in this code. Even
offending religious things, such as gods, are penalized. The Filipinos have their own set of
penology also.
THE OLD PENAL CODE - took effect July 14, 1887 – Dec. 31, 1931
In the case of U.S Tamparong, 31 Phil. 321-323, the SC traced the history of the Old Penal
Code as follows:
The royal order dated Dec. 17, 1886, directed the execution of the Royal Decree of September
4, 1884, wherein it was ordered the Penal Code enforce in the peninsula, as amended in
accordance with the recommendation of the committee, be published and applied in the
Philippines island xxx. Having been published in the official Gazette of Manila on March 3 and
4, 1887, became effective four months thereafter Revised Penal Code Approved Dec. 8, 1890.
The Revised Penal Code was drafted by a Committee created by Administrative Order No.
94 of the Department of Justice dated October 18, 1927. Article 1 thereto provides that the Code
(Act No. 3815) shall take effect on the first day of January, 1932
6. DUE PROCESS OF LAW defined– It means a law that here before it condemns which
proceeds upon inquiry and renders judgment only after trial. This contemplates notice
and hearings. Absent any of these the decision of the court or any investigating body is
void.
LEGAL BASIS:
a. Art. 21 of the Revised Penal Code provide that no felony shall be punishable by any
penalty not prescribed by law prior to its commission.
b. Art. 366 of the Revised Penal Code provide that felonies are punishable under the laws
in force at the time of their commission.
1. Liberally in favor of the accused and strictly against the states when the law is
ambiguous and there is doubt as to its interpretation.
2. EQUIPOISE DOCTRINE- when the evidence of prosecution and of the defense is
equally balanced, the scale of justice should be titled in favor of the accused in obedience
to the constitutional presumption of innocence. He should be acquitted.
3. THE “VOID-FOR-VAGUENESS” doctrine has been formulated in various ways, but is
most commonly stated to the effect that a statute establishing a criminal offense must
define the offense with sufficient definiteness that persons of ordinary intelligence can
understand what conduct is prohibited by the statute. It can only be invoked against that
specie of legislation that is utterly vague on its face, i.e., that which cannot be clarified
either by a saving clause or by construction.
4. DOCTRINE OF PRO REO- when a circumstance is susceptible to two interpretations
one favorable to the accused and the other against him, that interpretation favorable to
him shall prevail.
A. GENERAL, in that criminal law is binding on all persons who live or sojourn in Philippine
Territory.
b. LEGAL BASIS:
1. Art. 2 of the Revised Penal Code states that the provisions of the Code shall be
enforced within the Philippine Archipelago, including its atmosphere, interior waters
and maritime zone, without reference to the person or persons who might violate any
of its provisions.
2. Art. 14 of the Civil Code which provides that Penal Law and those of public security
and safety shall be obligatory upon all who live or sojourn in Philippine Territory,
“subject to the principles of public international law and to treaty stipulations.”
c. EXCEPTION:
1. TREATY OR TREATIES STIPULATIONS,
Examples:
(a) RP-US Bases Agreement approved March 14, 1947 and expired on Sept. 16, 1991
(b) RP-US VISITING FORCES ACCORD which was signed Feb. 19, 1998
NOTA BENE:
A CONSUL is not entitled to the privileges and immunities of an ambassador or
minister. It is a well-settled that a consul is not entitled to the privileges and
immunities of an ambassador or minister, but is subject to the laws and
regulations of the country to which he is accredited. In the absence of a treaty to
the contrary, a consul is not exempt from criminal prosecution for violations of
the laws of the country where he resides. Consuls, vice-consuls and other
commercial representatives of foreign nations do not possess the status of, and
cannot claim the privileges and immunities accorded to ambassadors and
ministers.
A. LEGAL BASIS:
1. ART.2 OF THE REVISED PENAL CODE states that the provisions of the Code shall
be enforced within the Philippines archipelago, including its atmosphere, its interior
waters and maritime zone, which constitute the Philippines territory. Extent of
Philippine Territory for Purposes of Criminal Law: Art.2 of the Revised Penal Code states
that the provisions of said code shall be enforced within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone.
When the Philippine ship is in the Philippines and an offense is committed therein, the
Philippine has jurisdiction over the offense. If it is in the high seas, the Philippine still
has jurisdiction based on extraterritoriality in international law that the ship is the
extension of Philippine territory. If it is in the territory of another country, the Philippine
still has jurisdiction based on the same principle subject to the laws prevailing in that
country.
a. Should commit an offense while on a Philippine ship or airship.
b. Should forge or counterfeit any coin or currency note of the Philippines or obligations
and securities issued by the Government of the Philippines;
c. Should be liable for acts connected with the introduction into the Philippines of the
obligations and securities mentioned in the preceding paragraph;
d. While being public officers or employees should commit an offense in the exercise of
their functions; like
e. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of the Revised Penal Code.
f. RA 9372 Human Security act of 2007-An Act to Secure the State and Protect Our
People from Terrorism.
The most common subject of bar problems in Article 2 is paragraph 4: “While being public
officers or employees, [they] should commit an offense in the exercise of their functions:”
As a general rule, the Revised Penal Code governs only when the crime committed pertains to
the exercise of the public official’s functions, those having to do with the discharge of their
duties in a foreign country. The functions contemplated are those, which are, under the law, to
be performed by the public officer in the Foreign Service of the Philippine government in a
foreign country.
Exception: The Revised Penal Code governs if the crime was committed within the Philippine
Embassy or within the embassy grounds in a foreign country. This is because embassy grounds
are considered an extension of sovereignty.
C. PROSPECTIVE, in that a penal law cannot make an act punishable in a manner in which
it was not punishable when committed.
Criminal law is prospective in character and cannot make an act criminal when it was
innocent at the time it was committed. Crimes are punished under the law in force at the
time of their commission.
Prospectivity of criminal law means that generally, laws should have only prospective
application unless they are favorable to the accused who is not a habitual delinquent. A
penal law applies to cases or acts done on the day the law takes effect and onward.
A. EXCEPTIONS: Whenever a new statute dealing with crime establishes conditions more
lenient or favorable to the accused, it can be given a retroactive effect.
NOTA BENE:
This characteristic of Criminal Law is also known as IRRETROSPECTIVITY of
Criminal Law.
NOTA BENE:
The Old Penal Code which is at present known as the Revised Penal Code was
based on the two prominent suppositions namely Classical and Positivist
theory.
HEINOUS CRIME - It is a grievous, odious and hateful offense which by reason
of its inherent or manifest wickedness, viciousness, atrocity and perversity, is
regarded as seriously outrageous to the common standards or norms of decency
and morality in a just, civilized and orderly society.
From this philosophy came the jury system, where the penalty is imposed on a case to
case basis after examination of the offender by a panel of social scientists which do not
include lawyers as the panel would not want the law to influence their consideration.
Crimes are regarded as social phenomena which constrain a person to do wrong although
not of his own volition. A tendency towards crime is the product of one’s environment.
There is no such thing as a natural born killer.
Since the Revised Penal Code was adopted from the Spanish Codigo Penal, which in turn
was copied from the French Code of 1810 which is classical in character, it is said that
our Code is also classical. This is no longer true because with the American occupation
of the Philippines, many provisions of common law have been engrafted into our penal
laws. The Revised Penal Code today follows the mixed or eclectic philosophy. For
example, intoxication of the offender is considered to mitigate his criminal liability,
unless it is intentional or habitual; the age of the offender is considered; and the woman
who killed her child to conceal her dishonor has in her favor a mitigating circumstance
2. CONFLICT VIEW
- Society is a collection of diverse groups in constant conflict
- Law is a tool of the ruling class – it is designed to protect the affluent
- Crime is a politically defined concept
- “Real crimes” are not outlawed or not punished
NOTA BENE:
Criminal Law is used to control the underclass
If hold a conflict view then what causes crime? Unequal distribution of power
3. INTERACTIONIST VIEW
- Crimes are not inherently evil or immoral acts, but defined that way. It has no meaning
unless people react to it. Moral entrepreneurs define crime.
- Crimes are illegal because society defines them that way.
NOTA BENE:
Criminal labels are life-transforming events
If interactionist view of crime then what causes crime? Contact and exposure to
criminal justice system
I- MULTIPLE CHOICE. Write the letter of your choice before the number. Any forms of
erasure will invalidate your answer.
1. The Revised Penal Code (Act No. 3815) took effect on __________,
a. December 8, 1930 c. July 14, 1887
b. January 1,1932 d. December 31, 1931
3. It is a branch or division of law which defines crimes, treats of their nature, and provides
for their punishment.
a. Remedial Law d. Special Law
b. Political Law e. Criminal Law
c. Civil Law
4. A theory under lying the system of our criminal law, of which Rafael Garafalo and Enrico
Ferri, including Dr. Cesare Lombroso, were the greatest exponent, that crime is
considered as essentially asocial and natural phenomenon; as such cannot be treated and
checked by the application of abstract principle of law and jurisprudence, nor by the
imposition of a punishment, fixed and determined a priori, but rather through the
enforcement of individual measures in each particular case after a personal, thorough
and individual investigation conducted by a competent body of psychiatrist and social
scientists
a. Juristic or Classical Theory d. Utilitarian Theory or Protective
b. Positivist or Realistic Theory Theory
c. Eclectic or Mixed theory
5. A body of principles, usages and rule of action, which do not rest for their authority upon
any express and positive declaration of the will of the legislature.
a. Legislative Law c. Common Law
b. Remedial Law d. Political Law
7. Are those offenses of such serious character in their effect on society as to call for the
practically unanimous condemnation of its members?
a. Mala prohibita c. Piracy
b. Mala in se d. Private crimes
8. It means a law that here before it condemns which proceeds upon inquiry and renders
judgment only after trial. This contemplates notice and hearings.
a. Ex post facto law c. Due process of law
b. Bill of attainder d. All of the above
9. A characteristic of penal law which cannot make an act punishable in a manner in which
it was not punishable when committed.
a. Irretrospectivity or proceptivity c. Territoriality
b. Generality d. All of the foregoing
10. When the evidence of prosecution and of the defense is equally balanced, the scale of
justice should be titled in favor of the accused. This is known as________.
a. Void-for-vagueness c. Doctrine of dubeo pro reo
b. Equipoise Doctrine d. Liberal Contruction
11. One theory with respect to the jurisdiction to try crimes committed on board of foreign
vessels while found within Philippine territorial boundaries, that is, when the crimes
committed on board a foreign vessel found within the territorial waters and parts of the
Philippines do not affect the tranquillity, peace and security of such State, country
represented by the flag of such foreign vessel.
a. Nationality theory (French Rule)
b. Theory of Territoriality (English Rule)
c. American Military Bases Agreement Theory
d. All of the foregoing
12. Who is the chairman of the committee that organized the present RPC?
a. Anacleto Diaz d. Alex Reyes
b. Quintin Paredes e. Mariano H. De Joya
c. Guillermo Guevara
13. It means that as a rule, penal laws are enforceable only within the territory of the
Philippines,
a. Territoriality principle c. Generality Principle
b. Retroactivity Principle d. Prospectively Principle
15. Principles of public international law exempt certain individuals from the Generality
characteristic of criminal law. Who among the following are NOT exempt from the
Generality rule?
a. Ministers Resident c. Ambassador
b. Commercial Attache of a foreign d. Chiefs of Mission
country
16. Under this theory crimes committed on board a foreign merchant vessel while in a foreign
port, save in cases covered by treaty agreements, are subject to the jurisdiction of the
local courts unless they affect only the vessel or those belonging to her and do not involve
the dignity of the host country or the tranquility of the latter’s port.
a. Nationality theory (French Rule)
b. Theory of Territoriality (English Rule)
c. American Military Bases Agreement Theory
d. All of the foregoing
17. According to the classical theory, it states that the purpose of the penalty is ___________
a. Revenge c. Retribution
b. Remuneration d. Pardon
18. A crime committed outside the Philippine territory is not triable in the Philippines
because Philippine criminal law.
a. Adheres to the generality principle
b. Prohibits retroactive application of penal law
c. Is subject to treaties and laws of preferential character
d. Subscribes to the law of nations
e. Is territorial in character
19. Which of the following is not a limitation on the power of the legislative to enact penal
laws?
a. Prohibition against Bill of Attainders or Ex-post facto law.
b. Equal Protection of the law
c. Prohibition against cruel, degrading, or inhuman punishment or imposition of
excessive fines.
d. Abridgment of the obligation of contract.
20. Article 366 is the second to the last article of the RPC. It says: felonies and
misdemeanors, committed prior to the date of the effectiveness of this Code, shall be
punished in accordance with the Code or acts in force at the time of their commission”
This illustrates one of the characteristics of the Revised Penal Code which is:
a. Generality c. Territoriality
b. Prospectivity d. Extraterritoriality
21. Which of the following has the power to define and punish crime?
a. The legislative c. The Supreme Court
b. The Chief Executive d. All of the following
22. It is a rule regarding the jurisdiction of a coastal state whenever a crime is committed
aboard a foreign merchant vessel whenever that merchant vessel is within the
jurisdiction of that coastal state. According to this rule such crimes are triable in that
country, unless their commission affects the peace and security of the coastal state.
a. French Rule c. English Rule
b. Filipino Rule d. American Rule
24. All of the following are exceptions to the territorial characteristics of our criminal laws
EXCEPT:
a. Those who should commit an offense while on a Philippine Ship or airship.
b. Those who should forge or counterfeit any coin or currency note of the Philippine
obligations and securities issued by the Philippine government.
c. Those who shall commit rebellion against the government of the Philippine Islands
even though committed outside the Philippine territory.
d. Those who while being public officers or employees should commit an offense in the
exercise of their functions.
25. What court has jurisdiction when a Chinese crew murders the Filipino captain on board
a vessel of Russian registry while the vessel is anchored outside the breakwaters of the
Manila bay?
a. The Chinese court. d. Any court that first asserts
b. The Japanese court. jurisdiction over the case.
c. The Philippine court.
26. A theory in Criminal Law which says that man occasionally subdued by strange social
phenomenon that compels him to do wrong.
a. A. Utilitarian theory c. C. Classical theory
b. B. Positivist theory d. D. Electric theory
27. Which of the following is not exempt from the application of penal law in Philippine
territory?
a. Consul c. Charge d’ affaires
b. Ambassador d. Minister Plenipotentiary
28. It is the law which provides that members of the official household or retinue of a foreign
ambassador to the Philippines enjoy the diplomatic immunity of foreign ambassador in
their names are submitted to the Department of Foreign Affairs and provided further
that the country of the foreign ambassador provides reciprocal immunity to the members
of the official household or retinue of the Philippine Ambassador.
a. RA 54 c. RA 74
b. RA 79 d. RA 75
29. Dura lex sed lex means-
a. The law must be lenient to its application.
b. Despite harshness of the law it shall be applied in its full extend.
c. The law is always favorable to the accused.
d. The law must give preference to those less in life.
30. It makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such an act
a. Ex post facto law c. Due process of law
b. Bill of attainder d. All of the above
II. ESSAY. Explain the items below clearly. If you are asked to write, write only what is being
ask. Do not explain. Used the remaining portion of this page, if not enough use its dorsal part.
1. Differentiates MALA IN SE from MALA PROHIBITA. (5 pts.)
2. Differentiates CRIMINAL LAW from SPECIAL LAW. (5 pts.)
3. Explain the liberal construction of our laws. (5 pts.)
4. Write the whole provision of Article 2 of the Revised Penal Code. (10 pts.)
5. Explain the difference between English and French Rule by way of giving example. (10
pts.)
Chapter Eight
Factors Affecting the Approaches of
Crimes And Criminality
INTRODUCTION
Criminal behavior is the product of a
systematic process that involves complex
interactions between individual, societal, and
ecological factors over the course of our lives. In
other words, from conception onward the
intellectual, emotional, and physical attributes
At the end of the lesson,
we develop are strongly influenced by our
students should be able to:
personal behaviors and physical processes,
identify and explain the different
interactions with the physical environment, and
factors affecting criminality.
interactions with other people, groups and
discuss the different geographical
institutions. These systematic processes affect
factors affecting criminality.
the transmission from generation to generation
identify and discuss the different
of traits associated with increased involvement
theories of criminal
in crime.
anthropology.
This chapter will focused factors affecting the
learn the role of heredity in the
approaches of crimes and criminality that
development of criminality.
includes geographical, anthropological,
associate human behavior and
biological or hereditary, psychoanalytical and
mind to the causes of crimes.
psychiatric and sociological factor.
acknowledge the role of society in
relation to criminality.
GEOGRAPHICAL FACTORS
Earlier criminologist correlated climate,
humanity, wind velocity, atmosphere pressure, rainfall, nature of soil and other geographical
factors to the existence and development of crimes and criminality. Following are some of the
explanations formulated by criminologist about geography and crimes.
A. NORTH AND SOUTH POLE- According to the Quetelet "Thermic Law of Delinquency,"
crimes against person predominate in the South Pole and during warm season while
crimes against property predominate in the North Pole and cold countries.
C. SEASON OF THE YEAR- Crimes against person is more in summer than in rainy season.
Climatic condition directly affects one's irritability and cause criminality. During dry
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season, people get out of the house more, and there is more contact and consequently more
probability of personal violence.
D. SOIL FORMATION- More crimes of violence are recorded in fertile level lands than
in hilly rugged terrain. Here are more congregations of people and there is more irritation.
There is also more incidence of rape in level districts.
E. MONTH OF THE YEAR- there is more incidences of violent crimes during warm months
from April up to July having its peak in May. This is due to May Festivals, excursion,
picnics and other sorts of festivities wherein people are more in contact with one another.
F. TEMPERATURE- According to Dexter, the number of arrest increases quite regularly with
the increase of temperature affects the emotional state of the individual and leads
to fighting. The influence of temperature upon females is greater than upon males.
Crime rates increase with rising temperature and then begin to decline at some point when
it may be too hot for any physical exertion. Long term exposure to extreme temperature may
prove sufficiently unpleasant and increase violence rates.
H. WIND VELOCITY- under the same study, it was explained that during high wind,
the number of arrest were less. It may be due to the presence of more carbon dioxide in the
atmosphere that lessens the vitality of men to commit violence.
ANTHROPOLOGICAL FACTOR
A. PHYSIOGNOMY
The physiognomist Johann Kaspar Lavater (1741-1801) was one of the first to suggest a
LINK BETWEEN FACIAL FIGURES AND CRIME. Victor Hugo referred to his work in Les
Miserables, about what he would have said about Thenardier's face. The philosopher Jacob
Fries (1773 -1843) also suggested a link between crime and physical appearance when he
published a criminal anthropology handbook in 1820.
This is the study of the relationship between the facial features and human conduct of a
person in relation to his crime. It is a theory based upon the idea that the assessment of the
person's outer appearance, primarily the face, may give insights into one's character or
personality. The term physiognomy can also refer to the general appearance of a person, object
or terrain, without reference lo its implied or scientific characteristics.
Beccaria (Crimes and Punishment) and Lavater (Physiognomical Fragment) both stated
that the way to discover the character of person is by:
a. Observation of his physical appearance
b. Measurement of the outward appearance
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NATURE OF PHYSIOGNOMY
Physiognomy is a theory of character evaluation that may produce a set of correlations
not always evidenced in the general population (i.e., it is not always accurate when applied to
the broad population). Physiognomy is not a strict science, but rather a method of analysis that
indicates a variety of correlations in its subjects. Hence, physiognomy is not used as the basis
of biological or psychological theory. Physiognomic applications can be considered folk science
or pseudoscience, and were once used with other tools of scientific racism, in order to promote
discriminatory ideas.
B. PHRENOLOGY
FROM GREEK: Phreno "mind"; and logos, "knowledge") is a theory which claims to be able
to determine character, personality traits and criminality on the basis of the SHAPE OF THE
HEAD (i.e., by reading "bumps" and "fissures"). This is the study of external formation of the
skull that indicates the conformation of the brain and the development of its various parts in
relation to the behavior of the criminal. This was introduced by German physician FRANZ
JOSEPH GALL around 1800. The discipline was very popular in the 19th century. He then
developed in 1810 his work on CRANIOLOGY; in which he alleged that crime was one of the
behaviors organically controlled by a specific area of the brain.
FRANCOIS MAGENDIE - referred to phrenology "a pseudo-science of the present day"
Phrenology thinking was, however, influential in 19th century psychiatry in id modern
neuroscience. Phrenology is based on the concept that the brain is the organ of the mind, and
that certain brain areas have localized, specific functions or modules. In other words,
phrenologists believed that the mind has a set of different mental faculties, with each particular
faculty represented in a different portion (or organ) if the brain. These areas were said to be
proportional to a given individual's propensities and the importance of a given mental faculty,
as well as the overall conformation of the cranial bone to reflect differences among individuals.
PHRENOLOGY CRANIOMETRY
It focuses on personality and character. It is the study of skull size, weight and shape,
and physiognomy, the study of facial features.
151
However, these disciplines have claimed the ability to predict personality traits or
intelligence (in fields such as anthropology/ ethnology), and were sometimes posed to
scientifically justify racism.
b. Endomorphs – have heavy built and slow moving they are known for lethargic behavior
rendering them unlikely to commit violent crime and more willing to engage in like
strenuous criminal activities such as fencing stolen property.
c.Ectomorphs – tall and thin, less social and more intellectual than the other type.
In the positivist theory, home people have biological and mental traits that make them
crime prone. These traits are inherited and are present at birth. Mental and physical
degeneracy are the cause of crime.
BIOLOGICAL FACTORS
Are criminals born or ‘made’? This is a question which has vexed philosophers for
millennia and psychologists and sociologists since the dawn of the behavioural sciences early
152
in the 19th Century. The deterministic view offered by biological explanations for criminality –
ie: you have no real choice, it’s in your biological make-up – have major implications for how
society treats criminals – especially violent ones. Biological theories assert criminal behaviour
has a physiological origin, with the implication that the ‘criminal’, therefore, has difficulty not
committing crime because it is ‘natural’ – ie: the ‘born criminal’ concept.
HEREDITARY FACTORS
The common household expressions like “it is in the blood” and “like father like son” are
usually heard and said whenever there are several members of the family who are criminals.
The old biblical injunction that "the sins of the fathers shall be visited on the sons."
THE FOLLOWING ARE SOME PROOFS TO SHOW THE ROLE OF HEREDITY IN THE
DEVELOPMENT OF CRIMINALITY
HENRY GODDRAD
August 14, 1866 - June 18, 1957 was a prominent American psychologist and eugenicist in
the early 20th century. He is known especially for his 1912 work The Kallikak Family: A Study
in the Heredity of Feeble-Mindedness, which he himself came to regard as deeply flawed, and
for being the first to translate the Alfred Binet intelligence test into English in 1908 and
distributing an estimated 1,000 copies of the translated test across the United states; ne also
introduced the term "moron" into the field.
A. KALLIKAK FAMILY TREE (Henry Goddard) –The influential study was The
Kallikak Family: A Study m the Heredity of Feebfe-Mindedness (Henry
Goddard1912)- Inspired by the new mendelism, the study traced back six generations
of the family of a young institutionalized woman and found "an appalling amount of
defectiveness" Yet there was also 'formation about "a good family of the same name" It
emerged, of course, that the forebear met "a feeble-minded girl by whom he became the
father of a feeble-minded son." Subsequently the father "married a respectable girl of good
family," by whom he product children with "a marked tendency toward professional
careers" who had "married into the best families signers of the Declaration of
Independence . . etc. Goddard invented the pseudonym Kallikak by combining a
Greek root meaning "beauty" (kallos) with one meaning "bad" (kakos). The lesson was
clear and dramatic: the study linked medical and moral deviance and fused the new
mendelian laws with the old biblical injunction that "the sins of the fathers shall be visited
on the sons."
Martin Kallikakwas a soldier of the American revolutionary war, and while stationed
in a small village he met and had an illicit relation with a feeble minded girl. About 489
descendants from this lineage were traced which included:
a. 143 feebleminded,
b. 46 normal
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c. 3 epileptics
d. 36 illegitimate
e. 3 criminals
f. 82 – died in infancy
At the end of the war, Martin Kallikak returned to his home and married a Quaker
woman of good family. Out of this marriage there are:
a. 4, 967 descendants
b. 2 – alcoholic
c. 1 – convicted for religious offense
d. 15 – died infancy
e. No criminal or epileptic
f. All are mentally normal
C. EDWARDS FAMILY TREE (Sir Jonathan Edwards Family Tree) - Sir Jonathan
Edwards was a famous preacher during the colonial period. When his family tree was traced,
none of the descendants was found to be criminal. On the other hand, many became
presidents of the United States, governor, members of Supreme Court famous writers,
preachers and teachers.
a. Practically no lawbreakers
b. More than 100 lawyers, 30 judges
c.13 college presidents and hundred and more professors
d. 60 physicians
e. 100 clergymen, missionaries, and theological professors
f. 80 elected to public office, including 3 mayors, 3 governors, several members of congress,
3 senators, and 1 vice president
g. 60 have attained prominence in authorship or editorial life, with 135 books of merit
h. 75 army or navy officers
The psychoanalyst who is perhaps most closely associated with the study of criminality is
August Aichorn. Aichorn felt:
1. that exposure to stressful social environments did not automatically produce crime or
violence. After all, most people are exposed to extreme stress and do not engage in serious
forms of criminality.
2. that stress only produced crime in those who had a particular mental state known as
latent delinquency. Latent delinquency, according to Aichorn, results from inadequate
childhood socialization and manifests itself in the need for immediate gratification
(impulsivity), a lack of empathy for others, and the inability to feel guilt (Aichorn, 1935).
Since Aichorn’s early work, psychoanalysts have come to view violent criminals as
“iddominated” individuals who are unable to control their impulsive, pleasure-seeking drives
(Toch, 1979). Often because of childhood neglect or abuse, violence-prone individuals suffer
from weak or damaged “egos” that render them unable to deal with stressful circumstances
within conventional society. It is also argued that youth with weak egos are immature and
easily led into crime and violence by deviant peers (Andrews and Bonta, 1994). In their most
extreme form, underdeveloped egos (or superegos) can lead to “psychosis” and the inability to
feel sympathy for the victims of crime (see DiNapoli, 2002; Seigel and McCormick, 2006). In
sum, psychodynamic theories depict the violent offender as an impulsive, easily frustrated
person who is dominated by events or issues that occurred in early childhood.
READ:https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=
3372&context=jclc
155
Several noted criminologisthave advance the theories that criminal behavior is developed
among individual consonants with the development with his human mind, traits and behavior,
among them are:
A. August Aichhorn is probably the best known neo-Freudian in criminology. In his book
entitled Waywad Youth, 1925 said the cause of crime and delinquency is the fault
development of child during the first few years of his life. As a child, human being normally
follows only his pleasure impulse instinctive. Soon they grew up and find some restriction
to these pleasure impulses which he must control. Otherwise, he suffers from faulty ego-
development and become delinquent. Aichorn felt that there were three predisposing traits
that had to be present before the emergence of a life of crime: the desire for immediate
gratification, placing greater desire on one’s personal desires over the ability to have good
relationships with other people and a lack of guilt over one’s actions.
B. David Abrahamsen in his crime and the human mind, 1945 explained the causes of crime
by this formula (CB = CT + Inducing situation / PMRT) "Criminal Behavior equals
Criminalistic Tendency plus Inducing Situation divided by the person's mental or emotional
resistance to temptation."
C. Cyrill Burt (Young Delinquent, 1925) gave the theory of General emotionality. According
to him many offensescan be traced to either in excess or a deficiency of a particular instinct
account for the tendency of many criminals to be weak willed or easily led. Fear and
absconding may be due to the impulse of fear. Callous type of offenders may be due to the
deficiency in the primitive emotion of love and an excuse of the instinct of hate.
D. William Healy (individual Delinquency) claimed that crime is an expression of the mental
content of the individual. Frustration of the individual causes emotional discomfort;
personality demands removal of pain and pain is eliminated by substitute behavior, that is,
crime delinquency of the individual.
E. Walter Bromberg (1938-1950) (Crime and the mind, 1946) claimed that criminality is the
result of emotional immaturity. Person is emotionally matured when he has learned to
control his emotion effectively and who lives at peace with himself and harmony with the
standards of conduct which are acceptable to the society. An emotional immature person
rebel against rule and regulates tend to engage in usual activities and experience a feeling
of guilt due to inferiority complex.
BEHAVIOURAL THEORIES
Behaviour theory maintains that all human behaviour – including violent behaviour – is
learned through interaction with the social environment.
Behaviourists argue that people are not born with a violent disposition. Rather, they
learn to think and act violently as a result of their day-to-day experiences (Bandura,
1977).
These experiences, proponents of the behaviourist tradition maintain, might include
observing friends or family being rewarded for violent behaviour, or even observing the
glorification of violence in the media.
Studies of family life, for example, show that aggressive children often model the violent
behaviours of their parents. Studies have also found that people who live in violent
communities learn to model the aggressive behaviour of their neighbours (Bartol, 2002).
SOCIOLOGICAL FACTOR
Sociological causes refer to things, place and people with whom we come in contact and
which play a part in determining out actions and conduct. These causes may bring about the
development of criminal behavior and author Sutherland briefly explain the process by which
a particular person comes to engage in criminal behavior.
SOCIOLOGICAL CAUSES
A. LACK OF PARENTAL GUIDANCE - Much of our life is influenced by the type of parents
157
we have. Experience proves that many parents lack control over their children through
ignorance, severity, carelessness, indifference. Such children generally get into trouble and
statistics shows that, "today delinquent is tomorrow's Criminal."
B. BROKEN HOMES AND FAMILY -A family is a homogenous, unified and intimate social
group wherein children have their initial experience with others; receive protection, normal
instruction and basic physical and emotional satisfaction. It is the agency through which he
become familiar with his culture which includes respect to the rights of other, respect to
property neighborliness, good sportsmanship, courtesy and good manners, truthfulness and
reliability.
B. BAD ASSOCIATION WITH CRIMINAL GROUPS - The old age that "one bad apple will
spoil a barrel of good ones" unfortunately holds true, to a great degree among people.
Experience shows that the influence of a few good companions. The reason is that there is
stronger ties and brotherhood among criminal groups that the non-criminal group. Further
it is best explained by Void in his "Group Conflict Theory".
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LEARNING CHECK NO. 8
Name: _____________________________________Score:_____/______Remark:__________________
Course/Level/Section:_________________Schedule:____________________________Date:________
ID No.: ______________________________
MULTIPLE CHOICE. Write the letter of your choice before the number. Any forms of erasure
will invalidate your answer.
1. He explained the causes of crime by the formula (CB = CT + Inducing situation / PMRT).
2. He claimed that criminality is the result of emotional immaturity.
3. He claimed that crime is an expression of the mental content of the individual.
4. He felt that there were three predisposing traits that had to be present before the
emergence of crime: the desire, greater desire on one’s personal desires over good
relationships with other and a lack of guilt over one’s actions.
5. According to him many offenses can be traced to either in excess or a deficiency of a
particular instinct account for the tendency of many criminals to be weak willed or easily
led.
6. A study of a rural clan that -over seven generations produced 1,200 bastards, beggars,
murderers, prostitutes, thieves and syphilitics.
7. The study linked medical and moral deviance and fused the new mendelian laws with
the old biblical injunction that "the sins of the fathers shall be visited on the sons.
Choices for 6-7
a. The Juke Family c. The Edwards Family
b. The Kalikak Family d. All of the above
163
REFERENCES
Books
1. Manwong, Rommel, (2013), Fundamentals of Criminology, Wiseman`s Books Trading
2. Gupta, Mohan Sen, (2013), Fundamentals of criminology, Centrum Press
3. Rules on Electronic Evidence (2011). Supreme Court Manila, Philippines
4. Agas, Juan L., (2009), Criminalistic, Manila: r.p.
5. Cirilo M. Tradio, Introduction to Criminology
6. Atty. Gerardo V. Maglinao, Criminology 1
7. Digumarti Bhaskara Rao, Criminology
8. Dean Ricardo M. Guevara and Dean Felipe S. Baustista, Sociology of Crimes and Ethics
9. Filomin Candaliza Gutierrez, Sociological Time Travel: Criminality and Criminologists
in the Philippine Past, Philippine Sociological Review (2013) • Vol. 61 • pp. 69-86
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