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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

When introducing students to criminology, the definition of criminology as a body of

knowledge is crucial. Below are some of the notable definitions designed to better understand
what criminology is all about.
1. Tradio definition - Criminology is a body of knowledge A phenomenon is something
regarding delinquency and crime as social phenomena. which can be observed
(observable); any fact,
2. Bartol definition - Criminology is a multidisciplinary circumstances , or experiences
which can be explained
study of crimes. This means that many disciplines scientifically.
areinvolved in the collection of knowledge about criminal
action, including psychological, sociology,anthropology,
biology, neurology, political science and economics.

3. Sutherland and Cressey definition - Criminology is a body of knowledge regarding

crime and criminals as a social phenomenon. It includes in its scope the process of:

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.

b. Breaking of Laws – It is concentrated in the scientific analysis of the causes of

crimes. All violations of laws are violations of the will of the majority in the society.
Violation of the provisions of the criminal laws created by the public thru
representation is called crime.

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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.

4. Sutherland’s modified definition - Criminology is the body of knowledge regarding

crime and criminality as a social, psychological, and biological phenomena.

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.

The Emergence of Criminology

From the predominantly theological explanations to the metaphysical (philosophical)
approaches to scientific explanations, French sociologist Auguste Comte viewed the progression
of knowledge as composed of three stages, theological, metaphysical and scientific stage.
Before the emergence of modern criminality in the 18th century, religion was the primary
basis of social control beyond the organization of kinship. Theological (spiritual) explanations
used the basis of religious belief, superstitions, supernatural or otherworldly understanding of
reality. The guilt or innocence of a crime, like victory or defeat in battles or disputes, was
believed to be decided by divine intervention. Cures for criminal behavior ranged from religious
conversion to torture and death. St. Augustine expressed the early church’s position on
crime.The church thought of an individual as a God. When one surrendered to the evil, the
result is often crime. Early theologians located the cause of crime in the relationship between
the humankind and the evil. St. Thomas Aquinas also stated that people by nature tried to
perform good acts. Sin or crime took place when their power to reason failed.
In the metaphysical phase (natural explanations), philosophy sought secular (worldly)
events to provide understanding through a new spirit of inquiry — rationality and logical
argument. It rooted in people’s ideas about the nature of reality in the physical world. Ideas
about reality were based on observations of nature but were not scientific. For example, the
natural world was thought to include inherent good and evil, and crimes often were regarded
as crimes against nature or the natural order rather than crimes against victims or against
God. Seeking explanations for crime in the natural world provided a basis for the development
of legal definitions and treatments of crime. Plato for instance stated that certain social and
political factors encouraged crime. While Aristotle stressed the ability of the law to improve
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social condition the distribution of the right and requirements for strict obedience to the
state.Voltaire and Rousseau argued that all people have equal rights. ROUSSEAU stated that
“man was basically good and was guided by his power to reason, but he has instincts that could
be destructive; while VOLTAIRE assumed that the good example set by a ruler would be
imitated by those below him. Hence, behavior (crime of otherwise) was to be based on one’s
ability to reason. Philosopher at this period stated that an unjust legal system encourages
crime. When the government begins to take away legal rights, it is committing a crime and
revolution is justified.
The two characteristics of the scientific stage combined this rational investigative spirit
with scientific method, emphasizing empiricism or experimentation. Scientific orientation
highlighted measurement, observation, evidence, replication (repetition of observation), and
verification (analysis of observation validity). Systematic application of the scientific method
allowed humanity to unlock many of the age mysteries. At first, there were breakthroughs in
knowledge in the physical sciences; more recently, changes in social sciences, such as sociology
and criminology, have also begun to occur. Because the scientific method provided a great deal
of understanding and the ability to predict and control physical reality, the hope is that the
same methods will be applicable to social sciences and will prove useful. While many view
criminology as a science, others, like Sutherland and Cressey, view it as a medicine-like art, a
field based on many sciences and disciplines.
In the writings of various philosophers, physicists, physical scientists, sociologists, and
social scientists, criminology as a field of inquiry had its beginnings in Europe in the late 1700s.
Much of the early theory was heavily couched in biological frameworks that up until recently
were largely aban-donated by modern American criminology. Criminology has emerged
alongside criminal law from the 18th century. In fact, it was Cesare Beccaria 's early writings,
in particular his famous essay On Crimes and Punishments, first published in 1764, that led to
the reform of Western European criminal law.
Despite its European roots, the United States has seen most of the major developments
in modern criminology. Criminology was closely linked to the development of sociology, gaining
its place in the American academic scene from 1920 to 1940. Criminology had been largely a
subdiscipline of sociology; although the focus of criminology is interdisciplinary, sociologists
have devoted the greatest attention to the issue of crime. Criminology has been emerging as a
discipline in its own right since the 1960s.

Etymology and Origin of the

Word Criminology

The word Criminology came from Latin

word CRĪMEN which means "ACCUSATION";
and Greek word LOGIA meaning “TO
STUDY”). Literally means study of
accusation. The suffix OLOGY refers to a
science or branch of learning and the term
implies a scientific study of crime or criminals.
In 1885, Italian law professor RAFFAELE
GARAFALO coined the term
CRIMINOLOGIA. In 1887, French Anthropologist PAUL TOPINARD used the analogous
French term CRIMINOLOGIE.

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Criminology as a Interdisciplinary
Field of Study

Criminology is an inherently interdisciplinary field or a multidisciplinary science that

studies crimes and criminals as a social phenomenon. Criminology is techinically a hybrid, it is
a mixture of things, an amalgamation of other fields. It integrates in its study the field of
Sociology, Psychology, Psychiatry, Anthropology, Legal theory, Natural Science, Political
Science, Criminal Justice, Forensic Medecine, Economics and other areas of study. But over the
years, sociology, psychology and psychiatry have dominated the study of crime.

1. Sociology (Sociological Criminology) – Sociology is the mother discipline of

criminology. The study of crime focused on the group of people and society as a whole.
It is the examination of the relationship of democratic and group variables to crime.
Variable such as socio economic status, interpersonal relationship, age, race, gender and
cultural groups of people are probed in relation to the environmental factors that are
most conducive to criminal action, such as time, place, and circumstances surrounding
the crime.

2. Psychology (Psychological Criminology) The science of behavior and mental process of

the criminal behavior-how it is acquired, evoked, maintained and modified. Both the
environmental andpersonality influences are considered, along with themental processes
that mediate the behavior.c.

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

As a science, there is at present a continuing argument whether criminology is a science or

not. Accordingly, the study of criminology itself is not a science, it is the overall goal that is
scientific. They gather this data in order to find the causes and treatment of crime. Scientific
observation is accurate, i.e., facts are exactly described as they are without any exaggeration or
underestimation. However, we know that not all the information that is used to study crime is
accurate. (eg, unreported crime, if there is a murder and a theft only the murder is reported).
With these concepts of science and scientific method, criminology may be described as a science
because it uses the method that is defined as science. However, if 'science' is referred to in terms
of the 'content', i.e., "the body of scientific findings", then criminology is not 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:

1. It is a Social Science- In as much as crime in social creation that it exists in a society

being a social phenomenon, its study must be considered a part of social science.

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.

2. It is an Applied Science- In the study of the causes of crimes, anthropology, zoology,

psychology, sociology and other natural science may be applied. While in crime detection,
chemistry, medicine, physics, mathematics, ballistics, polygraph, legal medicine,
questioned documents examination may be utilized. This is called instrumentation.

Applied Criminology – It is the art of creating typologies classifications, predictions,

and especially profiles of criminal offenders, their personalities and behavior patterns.

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.

4. It is Dynamic - criminology changes as social condition changes. It is concomitant

with the advancement of other science that has been applied to it.

Scope of Criminology

The following are the 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.

c. Criminal Psychology - study of human behavior in relation to criminality.

d. Criminal Psychiatry – study of human minds in relation to criminality.

e. Criminal Ecology – the study of criminality in relation to spatial distribution in the

community.

f. Criminal Epidemiology - study criminality as an epidemic disease.

g. Criminal Physical Anthropology – Study of criminality in relation to physical

constitution of men.

h. Victimology – study of the role of the victim in the commission of crime.

4. Study of the various process and measures adopted by society violation of

criminal laws:
a. The detection and investigation of crimes.
b. The arrest and apprehension of criminals.
c. The prosecution and conviction of the criminal in judicial proceeding.
d. The enforcement of laws, decrees and regulations.
e. The administration of the police and other law enforcement agencies.
f. Maintenance of recreational facilities and other auxiliary prevent the development of
crimes and criminal behavior.

Purpose of Studying Criminology

The following are the purposes of studying criminology:
1. To prevent the crime problem.
2. To understand crimes and criminals.
3. To prepare for a career in law enforcement and scientific crime detection.
4. To develop an understanding of the constitutional guarantees and due process of law in
the administration of justice.
5. To foster a higher concept of citizenry and leadership together with an understanding of
one moral and legal responsibilities to his fellowmen, his community and the nation.

Objectives of Criminology

The following are the objectives of criminology:

1. Develop a body of general and verified principles and of other types of knowledge
regarding the process of law, crime and its control and prevention, and the treatment of

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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.

Criminology and Criminal Justice

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.’”

Criminology and Criminal Justice is distinguish as follows:

Criminology Criminal Justice

Criminology explains etiology, origin, Criminal Justice describes, analyzes,
extent, & nature of crime in society. & explains behavior & operation of
agencies of justice & effective methods
of crime control, sentencing,
treatment, etc.
Criminology focuses on lawbreaking Criminal Justice focuses systems
(nature, extent & causes) that address crime and criminal
behavior (policing, courts, and
corrections).
Criminologist identify the nature, Crimal Justice scholar seek more
extent and causes of crime effective methods of crime control and
offender rehabilitation.
Develops theories- Criminology Puts theories into practice-It
involves more research requires more real-world application.

Overlapping Area of Concern

Criminal justice expert cannot begin to design effective programs of crime prevention or
rehabilitation without understanding the nature and causes of crime. They require accurate

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criminal statistics and data to test the effectiveness of crime control and prevention program.

The Criminologist and

Criminology Practitioner

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).

Criminology Practitioner defined

A criminology practitioner is any person who is a consumer of the knowledge and research
of criminologist, applied in the prevention, control and treatment of a crime.
Examples: Any member of any law enforcement agency of the government, crime laboratory
technicians, correctional officers and other workers.

Is a Policeman Considered a Criminologist? Generally speaking, a

policeman is a criminology practitioner not a criminologist, because he is focused
only in the enforcement of the law, which is only one aspect in the work of a
criminologist.

The Practice of Criminology Profession

in the Philippines.
The practice of criminology in the Philippines was made possible through the enactment of
Republic Act No. 6506, “An Act creating the Board of Criminology in the Philippines and for
other purposes” which was approved and took effect on July 1, 1972. It is the first law that
governed the criminology profession in the Philippines.

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.

The following are the salient features of the above law:

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;

(c) As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned

document, deoxyribonucleic acid (DNA), lie detection, firearms identification, forensic
photography, forensic chemistry and other scientific crime detection and investigation;

(d) As a correctional administrator, executive, supervisor, or officer in any rehabilitation,

correctional, and penal institution or facility, and in any community-based corrections,
and rehabilitation agencies and/or programs;

(e) As a counsellor, consultant, adviser or researcher in any government or private agency

on any aspect of criminological research or project involving the causes of crime,
children in conflict with the law, treatment of offenders, police operations, law
enforcement administration, scientific criminal investigation or public safety and
national security administration; and

(f) As a private investigator, administrator, consultant or agent, or detective in any

private security and investigation agency organized under the laws of the Philippines.

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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)

Qualifications of an Applicant for the Licensure Examination. An applicant for the

licensure examination for criminologist shall satisfactorily prove that one possesses the
following qualifications:
(a) Must be a citizen of the Philippines or a foreign citizen whose country/state has
reciprocity with the Philippines in the practice of criminology;
(b) Must be of good moral character, good reputation and of sound mind and body
certified by the school wrhere he/she graduated and the barangay where he/she lives,
unless the examinee is a foreign national a certification from any professional of good
standing will do;
(c) Must hold a bachelor's degree in criminology duly accredited by the CHET) and
conferred by a school/college/university duly authorized by the government or its
equivalent degree obtained by either a Filipino or foreign citizen from an institution
of learning in a foreign country/state: Provided, That it is duly recognized and/or
accredited by the CHED;
(d) Must not have been convicted of an offense involving moral turpitude by a court of
competent jurisdiction; and
(e) Those who failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination, must present a certification issued by
a reputable institution duly recognized by the CHED that such applicant
has satisfactorily completed a refresher course in criminology. (Section 14,
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:

Subjects Relative Weights

(a) Criminal Jurisprudence and Procedure 20%
(b) Law Enforcement Administration 20%
(c) Crime Detection and Investigation 15%
(d) Criminalistics 20%
(e) Correctional Administration 20%

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 (f) Criminal Sociology 15%

Government and Private Agencies

Available for Criminology Graduates

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.

13
 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

Additional Reading Materials

Read the following:
1. https://www.sagepub.com/sites/default/files/upm-
binaries/90400_Section_One_Introduction_and_Overview_of_Crime_and_Criminology.pdf
2. file:///D:/Intro%20to%20criminology/87029_Chapter_1_Introduction_to_Criminology.pdf
3. https://www.officialgazette.gov.ph/2018/11/08/republic-act-no-11131/
4. https://laws.chanrobles.com/republicacts/66_republicacts.php?id=6510

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?

14
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.

1-2. Crime is an ______________ or ______________ in violation of criminal law.

3-6. According to Sutherland’s modified definition, criminology is the body of knowledge
regarding crime and criminality as a ______________, ______________, and ______________
phenomena.
7-10. The word Criminology came from Latin word ______________ which means
"______________”; and Greek word ______________ meaning “______________”.
11-12. In 1885, Italian law professor ________________________, coined the term
________________________.
13-14. In 1887, French Anthropologist ________________________, used the analogous French
term ________________________.

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.
____________________________________________________________
____________________________________________________________

______________ 19-20. Criminology is both social and applied science.

____________________________________________________________
____________________________________________________________

______________ 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.

15
 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

IV. IDENTIFICATION-A. Determine what is being described in the following statements.

Write the letter of your choice on the space provided before the number. Any forms of erasure
and unnecessary marks will invalidate you answer.

______________ 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.

GODBLESS AND KEEP SAFE! 😊 😊 😊

Chapter Two
16
 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.

A. APPROACHES AND METHODS IN THE CRIMINOLOGY FOR STUDY OF CRIMES

1. Biological Approach–It study criminal in biological perspectives. Biological

explanations of crime assume that some people are 'born criminals', who are
physiologically distinct from non-criminals.

17
 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.

3. Multifactor Approach - A long-standing criticism of the earlier bio-organic and

psychological approach to crime has much of the work entered around the search for
single factor or single set of like factors that could be shown to account for all criminal
behavior. The multifactor approach in criminology grew out of the discrepancies and
arguments attending the single-factor tradition of the earlier days and its adherent
argument forthe approach to crime that would reconcile the disparate orientation and
contribute made by a variety of the factors. That underlying assumption was that
different crimes are result of different combination of the factors.

B. TYPES OF EXPLANATION TO CRIMINAL BEHAVIOR

1. Single or Unitary Cause - This approach views that criminal behavior is caused only
by one factor or variable which is any of the following: social, biological, or mental.

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.

C. EARLY EXPLANATION TO THE EXISTENCE OF CRIMINALITY

1. Crime is caused by Demon - Accordingly, men commit anti-social acts because the
demon, spirits, or some from the "other world" instructed, forced or pushed them to do
so. This belief is true during the pagan age when any wrongful act of men is attributed
to the will of devils or other supernatural beings. To free men from the evil spirits people
resulted to rituals to drive the evil spirits and to avoid them from being under their
influence and control.

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

18
 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.

5. The explanation that criminals are born (positive school of thought_ by

Cesare Lombroso, 1835-1909;- According to Cesare Lambroso, who is now considered
the father of modern criminology, criminals are born with some physical characteristic
which become the causes of crimes. They advanced the following explanation to such
cause:
a. That the test is distinct born criminal type;
b. That this type can be identified by certain stigma or anomalies;
c. That the stigmata are not the cause of crime but rather the symptoms of atavism or
reversion of his body to his ape-like ancestors;
d. That this atavism and degeneracy of the body are the causes of crime and;
e. That a person who is born criminal cannot refrain from committing crime unless he
lives under exceptionally favorable circumstances.

Examples of physical degeneracy that causes crime:

a. Deviation on head size and shape.
b. Asymmetry of the face.
c. Excessive dimension of the jaws and cheekbones.
d. Eye defects and peculiarities.
e. Unusual size of the ears.
f. Nose are twisted, upturned, flattened or aquiline
g. Thick and leshy lips, swollen and protruding.
h. Abnormality of the feet.
i. Chin receding or excessively long, short or flat.
j. Abnormalities of the hair, bald.
k. Supernumerary fingers and toes.
l. Imbalance of hemisphere of the brain.

D. APPROACHES TO THE EXPLANATION OF CRIMES

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.

1. ANTHROLOGICAL APPROACH – This approach had tried to compare the

physical characteristics of the individual offender to non-offenders.

2. MEDICAL APPROACH – It explains the role of physical and mental conditions

of the individual prior or after the commission of the criminal acts. It further explains
that even if an individual commits an offense, proper medical examinations will show
that the offender is mentally ill at the time of the commission of the offense.

19
 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.

4. PHYSIOLOGICAL APPROACH – It explains that, instinctively, it is the nature

of a human being to acquire all the physical needs in order to satisfy all his
wants. In short, every man possesses integrity and whenever we lose sight of a
human as a whole we violate that integrity.

5. PSYCHOLOGICAL APPROACH – Intelligence, emotion and education of the

individual must be taken into consideration in relation to the wrongful act he has
committed. Research showed that once the community and its members deprive the
individual of his natural needs, crime will be committed as a result of such
frustration.

6. PSYCHIATRIC APPROACH – This approach explains that the cause of

behavioural difficulties is to be found in emotional tension originating in
early life conflict with the family. Moreover, behavioural patterns will be
established which will later become permanent and fixed and it is hard for any
correctional institution to change this attitude if he is never caught of violation of law
or ordinance.

7. PSYCHO-ANALITICAL APPROACH – This is based upon the Freudian theory

which traces behaviour as a deviation to the repression of basic drives and
needs – It is the biological requirement for the well-being of an individual.

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.

1. GEOGRAPHICAL APPROACH – It considers climate as one of the factors that

lead individuals to do a criminal act.

2. ECOLOGICAL APPROACH – It concerns itself with the biotic grouping of men

thus, resulting from migration competition and division of labor. Migration is a
conduct from one place to another which sometimes create conflict between the
immigrant and the inhabitant of such place thus leading to social discrimination.

3. ECONOMIC APPROACH – Financial hardship is one of the primary causes of

criminality, therefore, it is necessary for every human being to contemplate or
consider with deep regret and compassion the strong temptation which has frequently
prevailed for so many years from want of the necessities to support life.

4. SOCIOLOGICAL AND CULTURAL APPROACH – It is concerned with the

influences on behaviour of group life, including rules and statutes, social classes and
social mobility, subculture, cliques and social changes.

C. CONTEMPORARY APPROACH - It focused on the psychoanalytical, psychiatric

and sociological explanations crime.

20
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.

C. INTELLIGENCE AND CRIME - Many early criminologists maintained that many

delinquents and criminals have a below average intelligence quotient and that low IQ is
a cause of their criminality.

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)

F. CONTRIBUTORY FACTORS OF CRIME

21
 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

G. OTHER BASIC CAUSES OF CRIME

1. Revenge
2. Insanity
3. Passion
4. Hatred
5. Unpopular Laws
6. Personal Gain

Sociology of Law (or Legal Sociology)

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.

A. SOCIOLOGY OF LAW AREAS OF INQUIRY

1. Social development of legal institutions
2. Social construction of legal issues, and
3. Relation of law to social change.

B. THE IMPORTANCE OF SOCIOLOGY OF LAW (The relationship between

sociology and law)
Sociology and Law are two interwoven topics. Society is directly related to Sociology and in
this matter, every society follows certain laws. Therefore, Laws are the essential part of the
society. Sociology helps law to better understand society for smoother regulation and formation
22
of laws. Similarly, the law is important to regulate a society. Norms, customs, traditions all
these come under the law if the law did not exist then the society would not be less than a
jungle. A human need certain rules and regulation to keep them on track and hence laws were
made. These laws are made and established by society itself or governments are elected to
formulate laws. From the formation to the execution till its impact on society everything comes
under the umbrella of Sociology.
Laws are produced to and put into action through different societal processes. Every social
institution such as family, polity, crime, corporation also individuals all these requirements and
comprise of different laws.
In Sociology, we would say that law is a Social Control over Society. To have harmonious
society one needs to build laws. Social control is basically a component utilized by the
administration which manages the exercises of all people inside any general public, with the
law being an immaculate illustration. When something is orally people tend to ignore and take
it lightly. So therefore now people have to build Judiciary system and law enforcement agencies.
When something goes wrong these agencies look after that issue and hence people keep in mind
what consequences they can face if they go against the law and act as an example for others.
This is also related to Politics but it is also as important for Sociology. The different institution
may likewise be utilized as types of social control, for example, the training framework i.e.
Schools and colleges, religion or media, contingent upon how and to the degree which they are
utilized. For example, every one of them has the ability to show individuals an arrangement of
good standards and principles, which is likewise a type of social control.
Law is a societal phenomenon. Often law and sociology are seen as two different trains or
domains and different groups of information. However, law and Sociology has similar subject
matters such as both evolve around social relationships, principles, social controls,
commitments and desires coming from specific social status and connections between or among
people and society. Anything happening in social lives of people liable to lawful control and
legal explanations does have likenesses with the social hypothesis and frequently read like the
social hypothesis.
Often laws get neglected due to developments in society. So, as the social changes occur
there must be changes in the law. Just like modern Sociology of law after Second World War
sociology of law became the field of learning and factual study but a law was not central but
some well-known sociologist wrote about a law in society. Sociologist Talcott Parsons in his
work stated that law is the essential part of social control. Later, critical sociologist evolved
with an idea that law as a weapon of power. Further sociologist Philip Selznick contended that
modern law has become receptive to general public’s need instead it should be drawn ethically
as well. German Sociologist Niklas Luhmann shares that Law is functional system of society
therefore he states
“All collective human life is directly or indirectly shaped by law. Law is like knowledge, an
essential and all-pervasive fact of the social condition.”
Hence, in simple words Law is an essential element of Society and Society work smoothly
with the law. Both go hand in hand. One needs to understand Societies different elements for
better Law formation and enforcement and same goes for society to have peaceful and well-
structured society laws should be followed.

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.

D. TWO TYPES OF LAW

23
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 LAW AND NATURAL RIGHT

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.

NATURAL LAW TODAY

Many people today still hold that the basis for various existing criminal laws can
be found in immutable moral principles or in some other identifiable aspect for the
natural order.
The Ten Commandments, “inborn tendencies,” the idea of sin, and perceptions of
various forms of order in the universe and in the social world have all provided a basis
for the assertion that natural law exists. Example – debate over abortion

2. POSITIVE LAW - promulgated expressly or directly.

Examples:

A. DIVINE POSITIVE LAW - Like the 10 Commandments.

B. DIVINE HUMAN POSITIVE LAW – like the golden rule.

C. HUMAN POSITIVE LAW - like Congressional Statutes or Executive orders.

Sometimes called Statutory Laws. 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.

NOTA BENE: In general, human positive law 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. Therefore, definitions of crimes will vary from place to place, in
accordance to the cultural norms and mores, but may be broadly classified as
blue-collar crime, corporate crime organized crime, political crime, public order
crime, state crime, state-corporate crime, and white-collar crime.

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:

1. DEPARTMENT OF JUSTICE – under this are the Bureau of Corrections, the

Parole and Probations.

2. DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT – under this

are the Bureau of Jail Management and Penology which runs the City, Municipality
and District ; and the Provincial Jail through their respective government; and

3. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT – under this is the

Bureau of Child and Youth Welfare which overseas youth rehabilitations centers.

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.

Penology is otherwise known as PENAL SCIENCE. It is actually a division of criminology

that deals with prison management and the treatment of offenders, and concerned itself with
the philosophy and practice of society in its effort to repress criminal activities.

B. ORIGIN OF THE WORD PENOLOGY

It is derived from two words: PENO and LOGY. The term “PENO” was derived from Greek
word “POINE” which means punishment as well as from Latin word “POENA”, which means
Pain or Suffering. “LOGY” was derived from the Latin word “LOGOS”, that means Science.
1870 to 1880 – was the golden age of penology because of the following reasons:
a. The formulation and organization of national American prison association in 1870;
b. In 1872, the first international prison congress was held in London;
c. In 1876, the Elmira reformatory was considered as the forerunner of the modern
penology; and
d. The first separate institutions for women were established in Indiana and
Massachusetts.

C. PRINCIPAL AIMS OF PENOLOGY:

1. To bring light the ethical barriers of punishment, along with the motives and purposes
of society inflicting it.
2. To make comparative study of penal laws and procedures through history between
nations.
3. To evaluate the social consequences of the policies enforced at given time.

D. PENAL MANAGEMENT defined

It refers to the manner or practice of managing or controlling places of confinement as in
jails or prisons.

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.

F. DISTINCTION BETWEEN INSTITUTIONAL AND NON-INSTITUTIONAL

CORRECTION OR COMMUNITY BASED CORRECTION.

Institutional Corrections Non-Institutional correction

That aspect of the correctional enterprise That aspect of the correctional enterprise that
that involves the incarceration and includes pardon, probation, and parole
rehabilitation of adults and juveniles activities, correctional administration not
convicted of offenses against the law, directly connectable to institutions, and
and the confinement of persons miscellaneous (activity) not directly related to
suspected of a crime awaiting trial and institutional care.
adjudication.

G. COMMUNITY SENTENCE SEEKS TO:

1. Repair the harm the offender has caused the victim or the Community
2. Provide for public safety
3. Rehabilitate and promote effective reintegration

H. CORRECTION AS PROCESS: It refers to the reorientation of the criminal offender to

prevent him or her from repeating his deviant or delinquent actions without the necessity
of taking punitive actions but rather the introduction of individual measures of reformation.

I. CORRECTIONAL ADMINISTRATION defined

The study and practice of a systematic management of jails or prisons and other institutions
concerned with the custody, treatment, and rehabilitation of criminal offenders.

J. CORRECTION AND THE CRIMINAL JUSTICE SYSTEM

CRIMINAL JUSTICE SYSTEM defined - It is the machinery of any government in the

control and prevention of crimes and criminality. It is composed of the pillars of justice such as:
the Law Enforcement pillar (Police), the Prosecution pillar, the Court pillar, the correction
pillar, and the community pillar.

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.

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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

L. UNITS BUREAU OF CORRECTIONS

The Bureau of Corrections currently has 8 operating units located nationwide:
1. New Bilibid Prison in Muntinlupa City (Old Bilibid Prison)
2. Correctional Institution for Women (CIW) in Mandaluyong City / and the The CIW
Mindanao, Panabo, Davao
3. Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan
4. Sablayan Prison and Penal Farm in Occidental Mindoro
5. San Ramon Prison and Penal Farm in Zamboanga City
6. Leyte Regional Prison in Abuyog, Leyte
7. Ilo – Ilo Penal Colony and Farm – Newest Colony
8. Davao Prison and Penal Farm in Panabo, Davao

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.

N. ANCIENT FORMS OF PUNISHMENT

1. HARD LABOR- productive works.

2. UNIFORMITY- “we treat the prisoners alike”, “the fault of one is the fault of all”.

3. DEPRIVATION- deprivation of everything except the bare essentials of existence.

4. MONOTONY- giving the same food that is “off” diet, or requiring the prisoners to
perform drab or boring daily routine.

5. ISOLATION OR SOLITARY CONFINEMENT- non-communication, limited news,

“the lone wolf”.

6. MASS MOVEMENT- mass living in cell blocks, mass eating, mass recreation, mass
bathing.

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 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.

8. CORPORAL PUNISHMENT- imposing brutal punishment or employing physical force

to intimidate a delinquent inmate.

O. CONTEMPORARY FORMS OF PUNISHMENT

1. PAROLE- A conditional release of a prisoner after serving part of his/her sentence in
prison for the purpose of gradually re-introducing him/her to free life under the guidance
and supervision of a parole officer.

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.

3. PROBATION- A disposition whereby defendant after conviction of an offense, the

penalty of which does not exceed six years imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a probation
officer.

4. FINE- an amount given as a compensation for a criminal act.

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.

P. PURPOSES OR JUSTIFICATION OF PUNISHMENT

1. RETRIBUTION- the punishment should be provided by the state whose sanction is
violated, to afford the society or the individual the opportunity of imposing upon the
offender suitable punishment as might be enforced. Offenders should be punished
because they deserve it.

2. EXPIATION OR ATONEMENT- punishment in the form of group vengeance where

the purpose is to appease the offended public or group.

3. DETERRENCE- punishment gives lesson to offender by showing to others what would

happen to them if they violate the law. Punishment is imposed to warn potential
offenders that they can afford to do what the offender has done.

4. INCAPACITATION AND PROTECTION- the public is protected if the offender has

been held in conditions where he cannot harm others especially the public. Punishment
is effected by placing offenders in prison so that society is ensured from further criminal
depredations of criminals.

5. REFORMATION OR REHABILATATION- it is the establishment of the usefulness

and responsibility of the offender. Society’s interest can be better served by helping the
prisoner to become law abiding citizen and productive upon his return to the community
by requiring him to undergo intensive program of rehabilitation in prison.

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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.

S. JURIDICAL CONDITIONS OF PENALTY

Punishment must be:
1. Productive of Suffering - without however affecting the integrity of the human
personality.
2. Commensurate with the Offense - different crimes must be punished with different
penalties (art. 25, RPC).
3. Certain - no one must escape its effects.
4. Legal - the consequence must be in accordance with the law.
5. Equal - equal for all persons.
6. Personal - the guilty one must be the one to be punished, no proxy.
7. Correctional - changes the attitude of offenders and become law abiding citizens.

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.

In the field of criminal investigation it is known as “Instrumentation”. It is the scientific

examination of real evidence, application of instrument and methods of the physical science in
detecting crime. It also concern with the recognition, identification, comparison and evaluation
of physical evidence by the application of the natural science.

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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)

B. PHYSICAL EVIDENCE defined

PHYSICAL EVIDENCE is 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 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.

C. KINDS OF PHYSICAL EVIDENCE

1. Corpus Delicti Evidence – Evidence that attest or verify the existence of a crime.
Usually it is known as the “body of the crime”.

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.

D. CRIMINOLOGIST AND CRIMINILIST

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.

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 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.

E. DR. HANS GROSS (December 12, 1847- December 9, 1915)

His real name is DR. HANS GUSTAV ADOLF GROSS. He was an Austrian criminal
jurist and an examining magistrate. He is known as the “Father or Creator of
Criminalistic”. He taught as a professor at the Chernivtsi University, Prague University and
the University of Graz, and established the Institute of Criminology in Graz. He was also the
father of the Austrian psychoanalyst Otto Gross. He defined SEARCH FOR TRUTH as the
basis and goals of all criminal investigations. He also asserted that large part of criminal works
is nothing than a battle against lies.
The release of his book in 1893 entitled "HANDBUCH FUR
UNTERSUCHUNGSRICHTER, POLIZEIBEAMTE, GENDARMEN, U.S.W.", marked as
the birth of the field of criminalistics, applying science to the practices of crime investigation
and law. The work combined in one system fields of knowledge that had not been previously
integrated, and which could be successfully used against crime. Gross adapted some fields to
the needs of criminal investigation, such as crime scene photography.

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

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 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.

II. TECHNOLOGICAL DIVISION - Technological subjects are usually learned directly by

practical training in the laboratory thru the supervision of an experienced examiner. The
scientific subject are:

A. QUESTIONED DOCUMENT EXAMINATION - It concerned with the examination of

forged, altered, or suspects papers, in order to determine and see if they are genuine or not,
that is, the tenor or substance on face of the documents have been changed in any way, that
it prejudices the rights of others.

FUNCTION OF DOCUMENT EXAMINER

5. Developed latent writing
6. Reveal the following:
a. Erasures
b. Alterations
c. Intercalations
d. Changes
7. They compare ink, pencil, typewriting and printed material of all the kinds of questioned
and standard documents through the use o:
a. Ultra-violet
b. Infra-red
c. Transparent
d. Sloping light
e. Advance photography.

GRAPHOLOGY OR HANDWRITING ANALYSIS

Questioned document examination should not be mixed up with the term and practice of
Graphology or Handwriting analysis. Graphology aims to determine about person's
characteristics, traits and personality by the way a person writes his/her letters and shapes
of words.

B. FIREARM IDENTIFICATION - It deals with the study regarding comparison and

identification of weapons alleged to have been used in the commission of crime. It is
sometimes wrongly called ballistics such that it is not the proper word for the work done by
a criminalistics examiner.

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.

BALLISTICS ENGINEERS - concerned with the design of weapons and projectiles.

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 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.

C. FINGERPRINT IDENTIFICATION – It is the cornerstone of personal identification. The

system is based on the undisputed fact that after so many studies and research, "No Two
Persons Have the Same Fingerprint" or "The Principle of Individuality".
Fingerprint is a positive proof wherein law enforcement agencies look upon the science as
the best evidence of positive identification. Fingerprint identification can aid the police
investigator in identifying persons in custody, and when it is found at the crime scene, it can
also help to identify and locate the perpetrator by means of examining and comparing every
minute details of the fingerprint lifted or developed from the crime scene from the suspect's
fingerprint.

D. PHOTOGRAPHY - It is an indispensable instrumentation in the field of criminalistics;

hence you cannot do anything in criminalistics without it. Photography cannot be separated
from the criminalistics because every criminalist should know how to photograph evidence.

SPECIAL PHOTOGRAPHY in criminalistics includes

1. Microphotography
2. Microphotography
3. Infra-red
4. Ultra-violet
5. Special light procedures

E. LIE DETECTION OR POLYGRAPHY - This is one of the scientific methods in crime

detection although it is not a part of criminalistics. In criminal investigation, test or question
individuals for the purpose of detecting deception or verifying truth of statements through
a visual, permanent and simultaneous recording of person's cardio-vascular and respiratory
pattern. It applies a reliable questioning technique for diagnosing.

POLYGRAPH MACHINE merely measures certain identifiable physical reactions as

affecting the:
1. Respiratory rate
2. Blood pressure/pulse rate
3. Galvanic skin resistance

Victimology as a Subfield of Criminology

Before we can understand victimology, we need to appreciate that it is a fairly new
subfield or area of specialization within criminology. Criminology is a rather broad field of study
that encompasses the study of law making, law breaking, and societal reactions to law
breaking. Victimology, much like criminal justice, falls into the third of these areas.
Victimology doesn't have any subfields within itself; in fact, there are few theories, and little or
no schools of thought. Going back to criminology, there are four subfields: penology (and the
sociology of law); delinquency (sometimes referred to as psychological criminology); comparative
(and historical) criminology; and victimology.

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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

Legal definition of "victim"

Typically includes a person who has suffered direct, or threatened, physical, emotional
or pecuniary harm as a result of the commission of a crime; or in the case of a victim being an
institutional entity, any of the same harms by an individual or authorized representative of
another entity. Group harms are normally covered under civil and constitutional law, with
"hate crime" being an emerging criminal law development, although criminal law tends to treat
all cases as individualized.
Besides "primary crime victims", there are also "secondary crime victims" who experience
the harm second hand, such as intimate partners or significant others of rape victims or
children of a battered woman. It may also make sense to talk about "tertiary crime victims"
who experience the harm vicariously, such as through media accounts or from watching
television. Victim defenses have recently emerged in cases of parricide (killing one's parents)
and homicide of batterers by abused spouses. Advocates for battered women were among the
first to recognize the issue, and promote the "battered woman syndrome" to defend women who
killed or seriously injured a spouse or partner .liter enduring years of physical, emotional and/or
sexual abuse. Attorneys have also drawn upon theories of Post-traumatic Stress Disorder to
defend their client's behavior. Fromtime to time, media attention to these defenses becomes
intense, and certain "high profile" cases tend to influence public opinion and spread confusion
over who is the "victim" and who is the "victimizer."

The History of Victimology: Before the Victims’ Rights Movement

As previously mentioned, the term victimology was coined in the mid-1900s. Crime was,
of course, occurring prior to this time; thus, people were being victimized long before the
scientific study of crime victims began. Even though they were not scientifically studied, victims

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.

The Role of the Victim in Crime:

Victim Precipitation, Victim Facilitation, and Victim Provocation
Although the field of victimology has largely moved away from simply investigating how
much a victim contributes to his or her own victimization, the first forays into the study of
crime victims were centered on such investigations. In this way, the first studies of
crime victims did not portray victims as innocents who were wronged at the hands of
an offender. Rather, concepts such as victim precipitation, victim facilitation, and
victim provocation developed from these investigations.
Victim precipitation – It is defined as the extent to which a victim is respon- sible for
his or her own victimization. The concept of victim precipitation is rooted in the notion that,
although some victims are not at all responsible for their victimization, other victims are. In
this way, victim precipitation acknowledges that crime victimization involves at least two
people—an offender and a victim—and that both parties are acting and often reacting before,
during, and after the incident. Identifying victim precipitation does not necessarily lead to
negative outcomes. It is problematic, however, when it is used to blame the victim while
ignoring the offender’s role.
Victim facilitation – It is similar to victim precipitation is the concept of victim
facilitation. It occurs when a victim unintentionally makes it easier for an offender to commit
a crime. A victim may, in this way, be a catalyst for victimization. A woman who accidentally
left her purse in plain view in her office while she went to the restroom and then had it stolen

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.

Hans Von Hentig

Hans von Hentig (1948) recognized in his book The
Criminal and His Victim: Studies in the Sociobiology of
Crime the importance of investigating what factors underpin
why certain people are victims, just as criminology attempts
to identify those factors that produce criminality. He
determined that victimization is also produced by some of
the same traits that produce crime.
Von Hentig then looked at the criminal-victim dyad in
his study of victimization and thus recognized the
importance of considering the victim and the criminal, not in
isolation but together. He tried to identify a victim's
characteristics that could effectively serve to increase the
risk of victimisation. He considered that victims can cause
victimization — acting as agents of provocation — on the basis of their characteristics.
He argued that crime victims could be placed into one of 13 categories based on their
propensity for victimization: (1) young; (2) females; (3) old; (4) immigrants; (5) depressed;
(6) mentally defective/deranged; (7) the acquisitive; (8) dull normals; (9) minorities;
(10) wanton; (11) the lonesome and heartbroken; (12) tormentor; and (13) the blocked,
exempted, and fighting. All these victims are targeted and contribute to their own
victimization because of their characteristics. For example, the young, the old, and females
may be victimized because of their ignorance or risk taking, or may be taken advantage of, such
as when women are sexually assaulted. Immigrants, minorities, and dull normals are
likely to be victimized due to their social status and inability to activate assistance in the
community. The mentally defective or deranged may be victimized because they do not
recognize or appropriately respond to threats in the environment. Those who are depressed,
acquisitive, wanton, lonesome, or heartbroken may place themselves in situations in
which they do not recognize danger because of their mental state, their sadness over a lost
relationship, their desire for companionship, or their greed. Tormentors are people who
provoke their own victimization via violence and aggression toward others. Finally, the
blocked, exempted, and fighting victims are those who are enmeshed in poor decisions and
unable to defend themselves or seek assistance if victimized. An example of such a victim is a
person who is blackmailed because of his behavior, which places him in a precarious situation
if he reports the blackmail to the police.
In 1948, He studied victims of homicide, and said that the most likely type of victim is

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.

In this way, it includes facets of the typology of von

Hentig based on personal characteristics and behavior- rooted
typology of Mendelsohn. He argued that people have a
functional responsibility not to provoke others to harm or
victimize them, and that they should also actively try to prevent
that from happening. He identified seven categories and
labeled their liability levels as follows:
1. Unrelated victims—no responsibility
2. Provocative victims—share responsibility
3. Precipitative victims—some degree of
responsibility
4. Biologically weak victims—no responsibility
5. Socially weak victims—no responsibility
6. Self-victimizing—total responsibility
7. Political victims—no responsibility

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.

1. Lifestyle Exposure Theory

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.

2. Routine Activities Theory

Cohen and Felson (1979) formulated routine activities theory to explain changes in
aggregate direct-contact predatory (e.g., murder, forcible rape, burglary) crime rates in the
United States from 1947 through 1974. Routine activities theory posits that the convergence in
time and space of a motivated offender, a suitable target, and the absence of a capable guardian
provide an opportunity for crimes to occur. The absence of any one of these conditions is
sufficient to drastically reduce the risk of criminal opportunity, if not prevent it altogether.

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.

Refinement and Empirical Tests of Opportunity Theories of Victimization

Researchers’ continued testing of lifestyle exposure and routine activity theories has
generated supportive findings and critical thinking that has led to a refining and extension of
them. Miethe and Meier (1994) developed an integrated theory of victimization, called
structural-choice theory, which attempts to explain both offender motivation and the
opportunities for victimization. This further refinement of opportunity theories of victimization
was an important contribution to the victimology literature.

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).

Victimization theories have been expanded to examine nonpredatory crimes and

“victimless” crimes, such as gambling and prostitution (Felson, 1998), and deviant behavior
such as heavy alcohol use and dangerous drinking in young adults (Osgood, Wilson, O’Malley,
Bachman, & Johnston, 1996). The theories have also been applied to a wide range of crimes in
different social contexts, such as school-based victimization in secondary schools (Augustine,
Wilcox, Ousey, & Clayton, 2002), stalking among college students (Fisher, Cullen, & Turner,
2000), and even explanations of the link between victimization and offending (Sampson &
Lauritsen, 1990). Other scholars have examined how opportunity for victimization is linked to
social contexts and different types of locations, such as the workplace (Lynch, 1987),
neighborhoods (Lynch & Cantor, 1992), and college campuses (Fisher, Sloan, Cullen, & Lu,
1998).

Moving Beyond Opportunity Theories

Work by Schreck and his colleagues suggests that antecedents to opportunity, such as
low self-control, social bonds, and peer influences, have also been found to be important
predictors of violent and property victimization (Schreck, 1999; Schreck & Fisher, 2004;
Schreck, Stewart, & Fisher, 2006). Schreck, Wright, and Miller (2002) examined the effects of
individual factors (e.g., low self-control, weak social ties to family and school), and situational
risk factors (e.g., having delinquent peers, having a lot of unstructured social time) on the risk
of victimization.

ADDITIONAL READING MATERIALS

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

II.ENUMERATION. Enumerate what is being ask below.

1. Contemporary forms of punishment
2. Ancient forms of punishment
3. Purposes or justification of punishment
4. Characteristic of punishment
5. Juridical conditions of penalty

44
 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

ESSAY: Explain what is being ask.

1. Compare and contrast victim precipitation, victim facilitation, and victim provocation.
2. Why do you think the first explorations into victimization in terms of explaining why people
are victimized centered not on offender behavior but on victim behavior?

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

The field of criminology draws on various

disciplines including psychology, philosophy, social
At the end of the lesson, anthropology, biology, and law. Criminologist uses
students should be able to: all these field of study to determine and understand
 recall and acknowledge the the cause of crime.
contribution of the different As we defined earlier, criminologists look at the
peronalities in the field of causes, consequences, and control of criminal acts,
criminology. and by considering both the individual, and wider
 identify the notion of this societal influences, seek to find ways to prevent
pioneers as to the cause or why crime. Here, we look at some of the most influential
crime exist. criminologists in the field’s history, and how they
have shaped this interesting area into what it is
today.

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.

ANDRE MICHAEL GUERRY

(1802-1904)
He was among the first scholars to repudiate the free will
doctrine of the classicist. Together with Adolphe Quetelet he may
be regarded as the founder of moral statistics which led to the
development of criminology, sociology and ultimately, modern
social science. He published on 1829, a one-page document
containing three maps of France, shaded in terms of crimes against
property, crimes against persons, and a proxy for education (school
instruction). A subsequent publication, Essay on Moral Statistics
of France (1833), expanded on this technique and developed shaded
maps to evaluate crime and suicides by age, sex, region, and season.
He found that these rates varied by region but remained
remarkably stable across the other factors.

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.

48
 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)

He was an Italian philosopher and politician best known for his

treatise On Crimes and Punishments (1764). He advocated and
applied doctrine of penology, that is to say make punishment less
arbitrary and severe; that all persons who violated a specific law
should receive identical punishment regardless of age, sanity,
wealth, position, or circumstance. (See Chapter 3)

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..

CHARLES ROBERT DARWIN

(1809-1882)
The author of Descent of Man. He formulated the theory of
evolution which challenged theological teaching and changed
explanation of human behavior. The theory of evolution concluded
that man developed from lower forms of life until he reached the
highest stage of development. He claimed that humans, like other
animals are parasite. Man is an organism having an animalistic
behaviour that is dependent on other animals for survival. Thus man
kills and steals to live.

CHARLES BUCKHAM GORING

(1870-1919)
An English statistician, who used
empirical research to refute Lombroso’s theory of atavism or the
anthropological criminal type. He studied the case histories of
2000 convicts, and found that heredity, is more influential as
determiner of criminal behavior than environment. Accepted the
Lombroso’s challenge that the body physique is a determinant to
behavior. He concluded that there is no such thing as physical
criminal type. He contradicted the Lombroso’s idea that
criminally can be seen through features alone. Goring accepted
that criminals are physically inferior to normal individuals in the
sense that criminal
tend to be shorter and have less weight than non-criminal. He
was convinced that poor physical conditions plus a defective state
of mind are determining factors of the criminal personality
Goring also believed that criminal behavior was inherited and could be controlled by
regulating the reproduction of families who produced mentally defective children.

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.

EARL RICHARD QUINNEY (1934)

An American philosopher and marxist criminologist who
advocate the Instrumenta list Theory of capitalist rule. He is
known for his critical philosophical approach to criminal justice
research. Quinney followed a Marxist approach in citing social
inequities as the root of crime. Criminal behaviour, he asserted, is a
natural occurrence in a society that favours the wealthy over the
poor and the powerful over the weak.
His early work examined the different official treatment of white-
collar criminals and street criminals (see white-collar crime). He
generalized this concern into a theory of conflict that attempted to
explain why some acts are defined and prosecuted as criminal
whereas others are not. In The Social Reality of Crime (1970), for
example, he concluded that public conceptions of crime are constructed in the political arena to
serve political purposes. Taking a neo-Marxist approach in Critique of Legal Order (1974), he
introduced a theory of legal order intended to demystify the false consciousness that he
maintained was created by official reality. He built on this early work in the book Class, State,
and Crime (1977), in which he argued that crime is a function of society’s structure, that the
law is created by those in power to protect and serve their interests (as opposed to the interests

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.

EARNEST ALBERT HOOTON

(1887- 954)
A physical anthropologist, in 1939 he reawakened an interest
in biologically determined criminality with the publication of a
massive study comparing American prisoners with a non
criminal group. He concluded that in every population there are
hereditary inferiors in mind and in body as well as physical and
mental deficiencies.
Hooton remains famous for his work in criminology, in which
he used his work in racial classification and applied it to the area
of criminal behavior. Hooton believed in Cesare Lombroso’s
theory of the born criminal, according to which criminals could
be identified based on their physical characteristics. Through
his own research surveying American criminals, Hooton tried to
find evidence supporting Lombroso’s theory, suggesting that
criminals have inferior characteristics compared to people who do not commit crimes. He
classified those characteristics into sociological, psychological, physical, morphological, and
pathological areas. For example, according to Hooton:
1. criminals are less often married and more often divorced
2. criminals often have tattoos
3. criminals have thinner beards and body hair, and their hair is more often reddish-
brown and straight
4. criminals often have blue-gray or mixed colored eyes, and less often dark or blue eyes
5. criminals have low sloping foreheads, high nasal bridges, and thin lips
6. criminal’s ears often have rolled helix and a perceptible Darwin’s point
Based on these observations Hooton concluded that the underlying cause of criminal
behavior is to be found in physical characteristics, that is, physical inferiority.
He suggested that human somatotype (body shape and physique) can even determine which
type of crime a person will commit:
1. tall-slender men are predisposed for murder and robbery;
2. tall-medium heavy men for forgery;
3. tall-heavy men for first-degree murder;
4. medium height-heavy for antisocial behavior,
5. short-slender for burglary and larceny;
6. short-medium heavy for arson;
7. short-heavy men for assault, rape and other sex offenses.
Since he believed that biological predispositions determine deviant behavior, Hooton
advocated removal of criminals from society, seeing no hope in their rehabilitation. Hooton’s
theories were heavily influenced by eugenic ideas, and as such were harshly criticized. His
methodology was seriously questioned, and his beliefs characterized as racist.

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.

Howard Becker's approach to the labeling of deviance, as described in Outsiders: Studies

in the Sociology of Deviance (1963), views deviance as the creation of social groups and not the
quality of some act or behavior. Becker is popular for criticizing other theories of deviance for
accepting the existence of deviance and by doing so, accept the values of the majority within the
social group. According to Becker, studying the act of the individual is unimportant because
deviance is simply rule breaking behavior that is labeled deviant by persons in positions of
power. Essentially, the behavior of the person does not matter until the label is applied. The
rule breaking behavior is constant, the labeling of the behavior varies.

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.

Frank Tannenbaum introduced the concept of the "dramatization of evil." Tannenbaum’s

view was that an act defined as evil is actually transformed into a definition of the actor as evil.
He states that the process can be divided into three stages. In the first stage, the individual
engages in activities which were first created through a maladjustment to society. It is in the
second stage, however, that "there is a gradual shift from the definition of the individual as evil,
so that all his acts come to be looked upon with suspicion."

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.

GRESHAM M'CREADY SYKES

(1922-2010)
American criminologist known for his contributions to the
study of delinquency and prisons. He advocated the Neutralization
Theory. He maintains an individual will obey or disobey societal
rules depending upon his or her ability to rationalize whether he i s
protected from hurt or destruction. People become law abiding if
they feel they are benefited by it and they will violate if this laws are
not favourable to them.
Sykes also collaborated with the American sociologist David Matza on studies of
delinquency. In the first of two coauthored articles on the subject, “Techniques of

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.

HENRY HERBERT GODDARD

(1835-1918)

The American psychologist Henry H. Goddard (1866-1957)

is best known for his work on the area of the inheritability of
intelligence. He was influenced by Mendelian genetics, and
believed that "feeble-mindedness" was the result of a single
recessive gene. He is considered by many to be one of the pioneers
of the American eugenicist movement.
He advocated the theory that “feeblemindedness” inherited
as Mendelian unit, causes crime for the reason that a
feebleminded person is unable to appreciate the consequences of
his behavior, or appreciate the meaning of the law.
"Morons" were Goddard's primary interest. He originated
this term, deriving it from the Greek word for "foolish." Goddard
defined morons as "high grade defectives" who possess low
intelligence, but appear normal to casual observers. In addition to their learning difficulties,
Goddard characterized morons as lacking self-control, thus making them susceptible to sexual
immorality and vulnerable to other individuals who might exploit them for use in criminal
activity.
Goddard studied more than 300 families. However, the Kallikak family remains the most
famous. The name "Kallikak" is actually a pseudonym created by Goddard from the Greek
words Kallos (beauty) and Kakos (bad). The name is fitting; the Kallikak family was divided
into two strains-one "good" and one "bad"-both of which originated from a common progenitor,
Martin Kallikak, Sr. Kallikak family will be explain further in Chapter 6 of this module.

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.

LLOYD OHLIN (1918-2008) AND

RICHARD CLOWARD (1126-2001)

Lloyd ohlin and Richard Cloward,

advocated the “Differential
Opportunity Theory”. The theory of
differential opportunities combines
learning, subculture, anomie and social
disorganization theories and expands
them to include the recognition that for
criminal behaviour there must also be
access to illegitimate means. This
theory explains that society leads the
lower class to want things and society
does thing to people. Ohlin claimed that there is differential opportunity, or access to success
goals by both legitimate and illegitimate means depending on the specific location of the
individual within the social structure. Thus, lower class group are provide with greater
opportunities for the reacquisition from deviant acts.
For example, drug trafficking is more difficult to access in some parts of the city than in
others. A person who intends to become a drug dealer not only requires drug suppliers, but also
a customer base and a street corner where he can sell his drugs. Access to these means,
however, is not open to everyone. It requires relationships with experienced people who are
willing to share their knowledge and professional network.
However, the theory of differential opportunities can also be applied within subcultural
structures. So it seems obvious that delinquent gangs can only commit crimes if they have the
means to do so.
Cloward and Ohlin sought to combine the theories of Merton and Cohen to explain the
different kinds of criminal subcultures they identified in contemporary America.
Echoing Merton, they argued that there was a "legitimate opportunity structure" (what
Merton had meant by the socially-acceptable means to achieving social goals), but they also
identified an alternative "illegitimate opportunity structure" which was available through gang
membership.
However, just as not all people could easily access the legitimate opportunity structure and
material success (Merton's concept of strain), there could also be a strain in relation to
illegitimate opportunity structures. Because someone is unable to become wealthy through
working hard and gaining qualifications does not mean that they will easily find a criminal
path to wealth and success. Some people live in locations where an existing criminal subculture
already exists while others do not. Furthermore, the types of subcultures available vary. This
goes some way to explaining why not all those who find legitimate opportunity structures
blocked turn to crime.
Cloward and Ohlin suggest three types of deviant subculture:

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.

61
 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)

RAWSON WILLIAM RAWSON

(1812-1899)
He utilized crime statistics to suggest a link between population density and crime rates,
with crowded cities creating an environment conducive for crime.

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:

1. FAILURE TO ACHIEVE POSITIVELY VALUED

GOALS- in this source, the person is generally confronted with an inability to achieve
desires and goals.
2. REMOVAL OF POSITIVE STIMULI- this occurs after significant trauma or negative
life- altering event. The most common trigger is the death of a close friend or loved one.

62
 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.

ROBERT EZRA PARKS

(1864-1944) A sociologist who is a strong advocator of the
scientific method in explaining criminality. He advocated the
Human Ecology Theory. The theory maintains that crime
is a function of social change that occurs along with
environmental change. It maintains also that the isolation,
segregation, competition, conflict, social contract, interaction
and social hierarchy of people are the major influences of
criminal behavior and crimes. Park coined the term human
ecology, the study of the relationship between humans
and their natural, social, and built environments. Park
himself explains human ecology as, "fundamentally an
attempt to investigate the processes by which the biotic

63
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.

According to Sigmund Freud psychoanalytical theory maintains that:

- Criminal behaviour is a form of neurosis, that criminality may result from an over active
conscience.
- Crime is a result of compulsive need for punishment to alleviate guilt and anxiety.
- Criminal behaviour is a means of obtaining gratification of need.
- Criminal conducts represent a displaced hostility. Criminality is essentially a
representation of psychological conflict.
NOTA BENE:
Neurosis is a mild psychiatric disorder characterized by anxiety, depression, or
hypochondria.

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.

WILHELM ADRIAAN BONGER

(1876-1940)
A Dutch international authority in criminology, who classified crime by motives of the
offenders as economic crime, sexual crimes, political crimes, and miscellaneous crimes with
vengeance as the principal motive. He believed in a causal link be tween crime and economic
and social conditions. He asserted that crime is social in origin and a normal response to
prevailing cultural conditions. In more primitive societies, he contended that survival requires
more selfless altruism within the community.

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.
66
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

Item A (Personalities) Item B (Theory) Item C (Arguments)

____1-2. Lloyd Ohlin a. Containment 1. Man is an organism having an

theory animalistic behaviour that is dependent
on other animals for survival.
____3-4. Robert Merton b. Instrumentalist 2. Individual will obey or disobey societal
Theory rules depending upon his or her ability to
rationalize whether he is protected from
hurt or destruction.
____5-6. Robert Ezra Park c. Neutralization 3. Lower class cannot socialize effectively,
Theory thus they gathered together share their
common problems, forming a subculture
that rejects middle class values.
____7-8. Sigmund Freud d. Psychoanalytical 4. There is differential opportunity, or
theory access to success goals by both
legitimate and illegitimate means
depending on the specific location of the
individual.
____9-10. Walter Reckless e. Differential 5. State exist as a device for controlling the
Opportunity exploited class
Theory
____11-12. Gresham Sykes f. Human Ecology 6. Dominant culture could control the
Theory predatory cultures without difficulty that
exterminate them, for no criminal
subculture can operate continuously and
professionally without the connivance of
the law.
____13-14. Edwin g. Anomie Theory 7. Crime is normal in all societies and that
Sutherland there is a relation between social change
and behavior.
____15-16. Charles h. Theory of 8. Psychological well-being is dependent on
Darwin Evolution a healthy interaction among the three (3)
basic components of the human psyche.
____17-18. Albert Cohen i. Differential 9. Criminal behavior is learned through the
Association process of communication, and the
Theory learning process includes technique of
committing the crime, motive and
attitude.
____19-20. Earl Richard j. Strain theory 10. Assumes that for every individual there
Quinney exists a containing external structure,
both of which provide defense, protection
or insulation against crime or
delinquency.
____21-22. Emile k. Subculture 11. Crime is a function of social change that
Durkheim Theory occurs along with environmental change.
____23-24. David Maurer l. The Big Con 12. Crime is a means to achieved goals and
the social structures is the root of the
crime problem.

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

Choices for 37-39

a. ID c. SUPEREGO
b. EGO d. MEGAEGO
____27. The pleasure principle, unconscious impulses that want to be gratified, without regard
to potential punishment.
____28. The unconscious part of the mind that acts as our conscience.
____29. The reality principle tries to satisfy id impulses while minimizing punishment & guilt.

Choices For 40-42

a. Ectomorphs c. Endomorphs
b. Octomorph d. Mesomorphs
____30. Have well-developed muscles and an athletic appearance.
____31. Have heavy built and slow moving they are known for lethargic behavior.
____32. Tall, thin, skinny less social and more intellectual than the other type.

Choices For -43-55

a. Cesare Lombroso f. Rafaelle Garofalo
b. Alec Jeffreys g. August Comte
c. Cesare Beccaria h. Jeremy Betham
d. Edwin H. Sutherland
e. Enrico Ferri
____33. The Father of Sciology.
____34. The Father of Modern Criminology
____35. Treatise on Crimes and Punishments.
____36. Father of Positivist School of criminology
____37. The Father of Criminology
____38. Advocator of the theory of Born Criminal
____39. The Dean of Modern Criminology
____40. Coined the Victimology
____41. Father of DNA fingerprinting and DNA profiling
____42. Advocator of Utilitarianism or Hedonistic Calculus
____43. Concept of "social defense"
____44. Consrituted the “Natural Crime”
____45. Distilled the notion of the social contract

Choices For 56-59

a. Wilhelm Adrian Bonger
b. Alphonse Bertillon
c. Henry Maudsley
d. Giambattista Della Porta

68
____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

V. ENUMERATION. Write what is being asked.

51-53. Somatotype by William Sheldon.

51.
52.
53.

54-56. Somatotype by Earnest Kretschmer.

54.
55.
56.

57-60. Somatotype by Earnest Hooton.

57.
58.
59.
60.

61-65. Classifications of Criminals according to Cesare Lomroso

61.
62.
63.
64.
65.

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

The discipline of criminology has

evolved in five phases. It includes:
1. Demonic Perspective (Middle Ages,
At the end of the lesson, 1200-1600)
students should be able to: 2. Classical School (the late 1700s and
 compare and contrast the different School of the early 1800s )
thoughts in criminology; 3. Neo-classical school (emerged
 explain the basis of demonic explanations for
crime and treatment of criminals;
between 1880 and 1920 and is still with us
 describe the origins of the classical school of today)
criminology; 4. Positivism (the mid 1800s and early
 list the basic assumptions on which classical 1900s)
theory is based. 5. Sociological Criminology or Chicago
 describe Cesare Beccaria’s ideas of the social
School (mid 1800s till now)
contract and the pleasure principle and their
implications for criminal justice.
 describe Jeremy Bentham’s ideas of utilitarianism A. Demonic Era: Pre-
and the“greatest happiness,” and his moral
calculus; Classical Notions of Crimes
 compare Beccaria’s and Bentham’s views on
deterrence, guilt, and punishment;
& Criminals
 list the characteristics of positivism and describe
the circumstances in which it arose; It is not surprising that any discussion
 explain the concept of atavism as a feature of
of the existence of evil behavior in the world
Lombroso’s general theory of criminality;
 describe lombroso’s, ferri and Garofalo’s criminal would begin with religious explanations.
types; and Since time began, humankind has been
 explain rational choice theory as an integrated preoccupied with what appears to be an
theory in criminology; ongoing war between good and evil. Prior to
 familiarized with the humble beginning of the eighteenth century, explanations of a
criminology in the Philippines.

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:

71
 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."

How to treat criminals? Public humiliation and

banishment were frequently used by religious societies
as ways of controlling their deviant populations. For
serious deviants, capital punishment would be a
final solution.

2. Possession Model - Once possessed by an

evil spirit the person is no longer responsible for
his/her actions. The devil now has taken control
of the individual's mind and body resulting in
evil behavior.

How to treat criminals? One way of "curing"

the individual is through exorcism-a religious
ritual aimed atjettisoning the unclean spirit
from the body

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.

B. Classical Notion of Crimes & Criminals

By the mid 18thcentury, social philosophers began to rethink the prevailing concepts of law
and justice. They argue for a more rational approach to punishment, stressing that the
relationship between crimes and their punishment should be balanced and fair. This view was
based on the prevailing philosophy of the time called Utilitarianism. The following five
principles of classical criminology:

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.

Basic Elements of Classical Criminology

1. In every society people have free will to choose criminal or lawful solutions to meet their
needs or settle their problems.
2. Criminal solutions may be more attractive than lawful ones because they usually require
less work for a greater payoff.
3. A person’s choice of criminal solutions may be controlled by his fear of punishment.
4. The more severe, certain, and swift the punishment, the better able it is to control
criminal behavior.

The Classical School: Cesare Beccaria and Reform

The Classical "School" of Criminology is a broadlabel for a group of thinkers of crime and
punishment in the 18th and early 19th centuries. It started in Europe. During the time were
the use of torture to secure confessions and force self-incriminating testimony had been
widespread throughout Europe. Some thinkers believes that the criminal justice must be
updated. This school was strongly against torture. A torture employed devices such as the rack
(tostretch the victims joints to breaking point), the thumb screw, the boot (which crushed the
foot), heavy weights that crushed the whole body, the iron maiden (cage shaped like a human
being with interior spikes to spear the occupant)

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.

Classical Theory: Criminal As Calculator

The main advocates of this theory are Cesare Beccaria (Essay on Crimes and Punishment)
with Jeremy Bentham (Utilitarian Hedonism). Their writings set forth classical
criminological theory.

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.

MAJOR PRINCIPLES OF THE CLASSICAL SCHOOL

Most classical theories of crime causation make the following basic assumptions:
1. Human beings are fundamentally rational, and most human behavior is the result of free
will coupled with rational choice
2. Pain and pleasure are the two central determinants of human behavior
3. 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
4. Root principles of right and wrong are inherent in the nature of things and cannot be
denied
5. Society exists to provide benefits to individuals that they would not receive in isolation
6. When men and women band together for the protection offered by society, they forfeit
some of the benefits that accrue from living in isolation
7. Certain key rights of individuals are inherent in the
nature of things, and governments that contravene those
rights should be disbanded
8. Crime disparages the quality of the bond that exists
between individuals and society and is therefore an
immoral for of behavior

CESARE BECCARIA
(March 15, 1738 - November 28, 1794)

A major contributor to the classical school of

criminology. His real name is CESARE BONESANA
MARCHESE DE BECCARIA. He was an Italian
philosopher and politician best mown for his treatise On
Crimes and Punishments (1764), which condemned torture
and the death penalty and was a founding work in the
field of criminology. Distilled the notion of the social
contract into the idea that “laws are the conditions under
which independent and isolated men untied to form a society.” He asserts that human beings
are endowed with absolute free will to choose right from wrong. Human beings are
fundamentally rational, and most human behavior is the result of free will coupled with rational
choice.

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 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.

BECCARIA’S PROPOSE SOCIAL REFORMS

According to Becarria, the crime problem could be trace not to bad people but to bad laws
based on the assumption of free will. He proposed the following principles:
1. Only legislators should create laws. He stated that the authority for “making penal
laws can reside only with the legislator, who represents the whole society united by the
social contract.”
- Beccaria argued that the only justified
rationale for laws and punishments was the Utility is the principle that
principle of utility. a policy should provide “the
2. The law should be codified (written) with greatest happiness shared
punishments prescribed in advance. by the greatest number.”
3. Laws should be used to maintain the social
contract
4. Judges should impose or inflict punishment only in accordance with law.
5. People should be presumed innocent until proven guilty (no torture).
- Beccaria about being termed “guilty”: “No man can be called guilty before a
judge has sentenced him, nor can society deprive him of public protection
before it has been decided that he has in fact violated the conditions under
which such protection was accorded him. What right is it, then, if not
simply that of might, which empowers a judge to inflict punishment on a
citizen while doubt still remains as to his guilt or innocence?” This new
concept, “innocent until proven guilty,” underlies our criminal justice system
today.
6. The criminal justice system should be organized around crime prevention. It is better to
prevent crimes than to punish them.
7. Punishment should be severe, certain, and swift. Severity is the least important,
certainty the next in importance, and celerity, or swiftness, is about as equal in
importanceas certainty)
8. Punishment should be limited (less harsher) to only that necessary to deter people from
ever committing it again (no capital punishment)
9. Punishment should be based on the pleasure- pain principle
10. Punishment should be determined by the crime
11. Punishment should be based on the act, not on the actor
12. Punishment should be effective.
13. All people should be treated equally
14. Capital punishment should be applied only to serious offense
15. Use of torture to gain confession should be abolished

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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.”

PLEASURE, PAIN, AND PUNISHMENT

Beccaria believed that punishment should be based on the pleasure/pain principle. For him,
pleasure and pain were the only “springs of action” in people who are in possession of their
senses. However, he believes that punishment and penalties should be imposed on the guilty
according to a scale determined by the degree of danger the given crime poses for the
community. With such an exact scale of crimes and punishments, people would know which
penalties were attached to which criminal acts.
For Beccaria, the purpose of punishment is deterrence rather than retribution. Deterrence
can either be:
1. to prevent a criminal from doing any further injury to the community or society
(Special Deterrence).
2. to prevent others from committing similar crimes (General Deterrence).
These purposes required setting penalties that would make strong and lasting impressions
on others with the “least torment to the body of the criminal.” Punishment should be no more
severe than deemed necessary to deter individuals from committing crimes against others or
the state. Maximizing the preventive, or deterrent, effect would be achieved by prompt,
effective, and certain punishment.
Beccaria also believed that the best way to prevent and deter crime was through the
following:
1. Enact laws that are clear, simple, and unbiased, and that reflect the consensus of the
population.
2. Educate the public.
3. Eliminate corruption from the administration of justice.
4. Reward virtue.

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.

DEI DELITTI E DELLA PENE (ESSAY ON CRIMES AND PUNISHMENT - 1764)

It is a seminal treatise on legal reform written to humanize and rationalize the law and to
make punishment more just and reasonable.
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 It is widely considered as one of the founding texts of classical Criminology, proposing
many reforms to the Criminal justice system which we now take for granted, in particular:
1. The prompt administration of clearly prescribed and consistent punishments,
2. Well-publicized laws made by legislature rather than individual courts or judges,
3. The abolition of torture in prisons and the use of the penal system to deter would-be
offenders, rather than simply punishing those convicted.
It is one of the earlier, and most famous, works against death penalty. The main reason put
forward against that measure is that the State, by putting people to death, was committing a
crime to punish another one. It also advocated a substantial difference between crime and sin,
and was for this reason put in the List of Banished Books by the Catholic Church in 1766. The
work had a great success in the whole Europe, especially in France and at the court of Catherine
II of Russia. The judiciary reform advocated by Beccaria led to the abolition of death
punishment in the Grand Duchy of Tuscany, the first Italian state taking this measure.

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.

THE PANOPTICON PRISON

The panopticon is a type of institutional building and
a system of control designed by the English philosopher and
social theorist Jeremy Bentham in the 18th century. The
panopticon is a disciplinary concept brought to life in the fo
rm of a central observation tower placed within a circle of
prison cells. The concept of the design is to allow a guard to
see every cell and inmate but the inmates can’t see into the
tower. Prisoners will never know whether or not they are
being watched. It was a manifestation of Bentham belief
that power should be visible and unverifiable. Through this
seemingly constant surveillance, Bentham believed all
groups of society could be altered. Morals would be
reformed, health preserved, industry invigorated, and so on
– they were all subject to observation.

DETERRENCE AND CHOICE: PAIN VERSUS GAIN

Bentham believed that the criminal justice system Deterrence: The prevention of
should deter people from making this choice. criminal acts by the use or
a. Specific deterrence – A goal of criminal threat of punishment.
sentencing that seeks to prevent a particular
offender from engaging in repeat criminality. It refers to the effect of punishment on the
future behavior of the person who experiences the punishment.
b. General deterrence – a goal of criminal sentencing that seeks to prevent others from
committing crimes similar to the one for which a particular offender is being sentenced.
It is the preventive effect of the threat of punishment on the general population; it is
aimed at potential offenders.

THE GREATEST HAPPINESS AND SOCIAL CONTROL

Bentham advocated the “greatest happiness” principle and the use of punishment to deter
crime. Bentham expounded a comprehensive code of ethics and placed much emphasis on the
practical problem of decreasing the crime problem. He aimed at a system of social control—a
method of checking the behavior of people according to the ethical principle of utilitarianism.
He believed that an act should be judged not by an “irrational system of absolutes but by a
supposedly verifiable principle. The principle was that of ‘the greatest happiness for the
greatest number’ or simply ‘the greatest happiness.’” Hence, any human action at all
should be judged moral or immoral by its effect on the happiness of the community.
For Bentham, checks or sanctions needed to be attached to criminal behavior and set up by
legislation, which would then serve “to bring the individual’s pursuit of his own happiness in
line with the best interests of the society as a whole.”

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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.

ARGUMENTS AGAINST THE CLASSICAL THEORY

The main real-world drawbacks of Beccaria’s theory are:
1. Unfair- It treats all men as if they were robot without regard to the individual
differences and the surrounding circumstances when the crime was committed. Not all
offenders are alike—juveniles are treated the same as adults.
2. Unjust- having the same punishment for first offenders and recidivists.
3. The nature and definition of punishment is not individualized.
4. It considers only the injury caused not the mental condition of the offender.
5. Similar crimes are not always as similar as they might appear—first-time offenders are
treated the same as repeat offenders.

THE LEGACY OF THE CLASSICAL SCHOOL

All modern criminal justice systems in the world assume the classical position that persons
are free agents who deserve to be punished when they transgress the law.
Many of the ideas championed by Beccaria in such rights as freedom from cruel and unusual
punishment, the right to a speedy trial, as freedom from cruel and unusual punishment, the
right to a speedy trial, the prohibition of ex post facto laws, the right to confront one’s accusers,
and equality under law, contained in the Bill of Rights and other documents at the heart of
Western legal systems today.
Both Beccaria and Bentham advocated a new philosophy and a new system of legal and
penal reform. These classical theorists argued that the proper objective of punishment should
be to protect society and its laws. It was their view that punishment should not be inflicted for
vengeance; rather, the primary purpose of punishment should be the reduction or deterrence of
crime. They advocated that the excessively brutal punishments of mutilation and death be
abolished and that penal reforms be introduced so that the punishment fit the crime. Thus, it
was their belief that
1. the punishments inflicted should be just severe enough to outweigh any pleasures,
either contemplated or actually experienced, that could be derived from the
commission of the criminal act;
2. in this way, the threat of punishment would deter most people from committing
crimes in the first place;
3. the actual infliction of punishment would deter an offender from committing
additional criminal acts.
Beccaria also presented convincing arguments for imprisonment as a form of
punishment, saying it would be the most effective and efficient method for carrying out
punishment. As it happened, a more than adequate number of jails and prisons were already
conveniently in existence throughout Europe. Prior to this time, these buildings were used for
the temporary confinement of minor offenders and those awaiting trial, and they were easily
adapted for use in implementing Beccaria’s and Bentham’s programs. Thus, the classical
theorists influenced the development of the modern correctional system.

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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?

Positivist Criminology (1838 – 1909): The Italian School of Thoughts

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.

Positivist School of criminology is

the founding of modern scientific criminology is
generally credited to the so-called Italian school and
to the work of its three principal exponents Cesare
Lombroso and his two students, Enrico Ferri and
Rafaele Garofalo

The Concept of Positivism

In the 19th century criminologists began to move
away from the classical assumptions, especially the
assumption of free will as it is commonly
understood, and toward a more scientific view of
human behavior. The increasingly popular view
among criminologists of this period was that crime resulted from internal and/or external forces
impinging on individuals, biasing, or even completely determining, their behavior choices. This
position became known as determinism, and its adherents were known as positivists. The term
positivism is used to designate the extension of the scientific method to social life. Positivistic
criminologists were more concerned with discovering the biological, psychological, or social
determinants of criminal behavior than with the classical concerns of legal and penal reforms.

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 Theory: Criminal as Determined

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.

KEY ASSUMPTIONS OF THE POSITIVIST

The key assumptions of the positivist school of thought were:
1. Human behavior is determined and not a matter of free will.
2. Criminals are fundamentally different from non-criminals.
3. Social scientists can be objective in their work.
4. Crime is frequently caused by multiple factors.
5. Society is based on consensus, but not on a social contract.

PROBLEMS WITH POSITIVIST ASSUMPTIONS

The problems with positivist assumptions are that they:
1. Account for too much crime.
2. Ignore the process by which behaviors are made illegal.
3. Assume that most people agree about most things most of the time.
4. Believe that action is determined by causes independent of a person’s free will.
5. Believe that social scientists will be objective in their work.

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.

He was considered as the founder of the Italian School of

Positivist Criminology.

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.

PHYLOGENY: Development of group: the development over time of a species,

genus, or group, as contrasted with the development of an individual ontogeny.

Lombroso believed that mental characteristics are invariably determined by physiological

causes, and he postulated the existence of a criminal type that was largely the result of
hereditary and degenerative factors rather than environmental conditions. At first
encountering great opposition throughout Europe, his theories were later instrumental in
bringing about reform in the treatment of the criminally insane.

Lombroso was the author of numerous works, including:

1. Genio e follia (1864; Genius and Insanity, 1891),
2. L'Uomo di genio (1888; The Man of Genius, 1891),
3. L'Uomo bianco e l'uomo di colore (White Man, Colored Man, 1892),
4. La Donna delinquente (1893; The Female Offender, 1895),
5. L'Antisemitismo e le scienze moderne (Anti-Semitism in the Light of Modern Science,
1894), and
6. Le Crime, causes et remèdes (1899; Crime, Its Causes and Remedies, 1917).
7. L'Uomo delinquente (1876; The Criminal Man, 1895), - It is considered the first book
devoted solely to the causes of criminality. Lombroso’s basic idea was that many
criminals are born criminal, and they are evolutionary throwbacks to an earlier form of
life. The first edition of Lombroso's most important work, attracted a great deal of
attention because it appeared to demonstrate the feasibility of a genuinely scientific
study of criminal behavior.

In Italy, he was studying the cadavers of executed criminals in an effort to scientifically

determine whether law violators were physically different from people of conventional values
and behavior. His theory can be outlined in a few simple statements.

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.

LOMBROSO'S CONCEPTION OF THE "ATAVISTIC BORN CRIMINAL"

The central idea of Lombroso's work came to him as he autopsied the body of a notorious
Italian criminal named Giuseppe Villela. As he contemplated Villela's skull, he noted that

84
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).

Lombroso believed that atavism could be identified by a number of measurable physical

stigmata. The concept of atavism was glaringly wrong, but like so many others of his time,
Lombroso sought to understand behavioral phenomena with reference to the principles of
evolution as they were understood at the time. If humankind was just at one end of the
continuum of animal life, it made sense to many people that criminals — who acted "beastly"
and who lacked reasoned conscience — were biologically inferior beings. Thus understood,
atavism became a popular concept, used for instance by the novelist Émile Zola in the Rougon-
Macquart.

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."

Lombroso argued the following:

1. He consistently emphasized the need for direct study of the individual, utilizing
measurements and statistical methods in anthropological, social, and economic data.
2. He began with the basic assumption of biological nature of human character and
behavior.
3. He first conceived of the criminal as a throwback to a more primitive type of brain
85
 structure, and therefore of behavior.
4. He later modified this to include degeneracy of defectiveness.
5. He never claimed that the born criminal constituted more than 40% probably less, only
about 1/3 of the total criminal population.

Examples of Physiognomy of Criminals, According to Cesare Lombroso

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.

TYPES OF CRIMINALS ACCORDING TO LOMBROSO

1. BORN CRIMINALS OR ATAVISTIC CRIMINAL- inherited criminal behavior.

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
86
 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.

3. OCCASIONAL- due to insignificant reasons that pushed them to do at given occasion

NOTA BENE:
FEMALE OFFENDER - Most women are not criminal those that are, are most
often occasional criminals but, some women are atavistic criminal.

4. PSEUDO CRIMINALS- Those who kill in self defense.

5. CRIMINALOIDS - "Criminaloids" had none of the physical peculiarities of the "born" or

"insane criminal", became involved in crime later in life, and tended to commit less
serious crimes due to less stamina/ self control. "Criminaloids" were further categorized
as
a. HABITUAL CRIMINALS - Who become so by contact with other criminals, the
abuse of alcohol, or other "distressing circumstances" This category included
"juridical criminals", who fall afoul of the law by accident.

b. CRIMINAL BY PASSION- Hot-headed and impulsive persons who commit

violent acts when provoked.

CHARLES GORING’S ASSAULT ON LOMBROSO

Lombroso’s central idea was discredited in the early 20th century by Charles Goring, a
British criminologist who used comparative studies of prisoners and non-prisoners to show that
the so-called criminal type does not exist.

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
87
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.

ENRICO FERRI AND SOCIAL DEFENSE

Ferri’s concern was social preservation, not the nature of criminal behavior
Ferri was instrumental in formulating the concept of "social defense" as a justification for
punishment. This theory of punishment asserts that its purpose is not to deter or to rehabilitate
but to defend society from criminal predation, for how could behavior not based on rational
calculus be deterred, and how could born criminals be rehabilitated? Given the assumptions of
biological positivism, the only reasonable rationale for punishing offenders is to incapacitate
them for as long as possible so that they no longer posed a threat to the peace and security of
society. This theory of punishment provides us with an example of how anthropological
assumptions drive policies for dealing with crime and criminals. He was, however, an ardent
proponent of measures to prevent crime among "occasional criminals" through social reform,
and of efforts to rehabilitate them.

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.

RAFFAEL GAROFALO: NATURAL CRIME

The concept of natural crime was the major contribution of Garofalo to modern criminology,
89
which he argued was the principal concern of criminologists. He is perhaps best known for his
efforts to formulate a "natural" definition of crime. His definition of “natural crime” was “that
conduct which offends the basic moral sentiments of pity (revulsion against the
voluntary infliction of suffering on others) and probity (respect for property rights
of others).”
Classical thinkers accepted the legal definition of crime uncritically; crime is what the law
says it is. This appeared to be rather arbitrary and "unscientific" to Garofalo (like the British-
American system of linear measurement) who wanted to anchor the definition of crime in
something natural (like tying linear measurement to the circumference of the earth, as in the
metric system). Garofalo felt that definitions of crime should be anchored in human nature, by
which he meant that a given act would be considered a crime if it were universally condemned,
and it would be universally condemned if it offended the natural altruistic sentiments of probity
(integrity, honesty) and pity (compassion, sympathy). Natural crimes are evil in themselves
(mala in se), whereas other kinds of crimes (mala prohibita) are wrong only because they have
been defined as such by the law.

According to Garofalo, NATURAL OR TRUE CRIME is conduct that, when evaluated

against the average moral sense of the community, offends the basic altruistic (unselfish) sense
of humankind.

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."

RAFFAEL GAROFALO: OFFENDER PECULIARITIES

By "peculiarities," Garofalo was not referring to Lombrosian stigmata, but rather to those
particular characteristics that place offenders at risk for criminal behavior. He developed four
categories of criminals, each meriting different forms of punishment: "extreme", "impulsive",
"professional", and "endemic".

90
 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.

3. PROFESSIONAL CRIMINALS: Professional criminals were psychologically normal

individuals who utilize the hedonistic calculus before committing their crimes, and thus
require "elimination," either by life imprisonment or transportation to a penal colony
overseas.

4. ENDEMIC CRIMINALS: "Endemic crimes", by which Garofalo meant crimes peculiar

to a given location or region (mala prohibita), could best be controlled by changes in the
law, not by imposing harsh punishments on offenders.

NOTA BENE:
PECULIARITIES: Particular characteristics that place offenders at risk for
criminal behavior.

TYPES OF CRIMINALS BY GAROFALO

Garofalo developed also a classification of four criminal types or classes, based on the
concept of moral anomaly. Even though they are distinct from one another, they are related in
the sense that each type is characterized by “a deficiency in the basic altruistic sentiments of
pity and probity.
1. MURDERERS - Those who satisfied from revenge. The murderer is the man in whom
altruism is wholly lacking. The sentiments of both pity and probity are absent, and such
a criminal will steal or kill as the occasion arises
2. VIOLENT CRIMINALS - Those who commit serious crimes. It is characterized by the
lack of pity.
3. DEFICIENT CRIMINALS - Those who commit crimes against property. It is
characterized by the lack of probity.
4. LASCIVIOUS CRIMINALS - Those who commit crimes against chastity. It is a group
of sexual offenders...whose conduct is characterized less by the absence of the sentiment
of pity than by a low level of moral energy and deficient moral perception.

OTHER PROPONENTS OF POSITIVIST THEORY

1. J.K. Lavater (1741- 1801)- studied the facial features of criminals to determine whether
the shape of ears, nose, eyes and the distance between them were associated with
antisocial behavior. (Physiognomists)
2. Franz Joseph Gall & Johann K Spurzheim- studied the shape of the skull and bumps
on the head to determine whether these physical attributes were linked to criminal
behavior. Phrenologists believed that external cranial characteristics dictate which areas
of the brain control physical activity.
3. Philippe Pinel- one of the founders of French psychiatry, claimed that some people
behave abnormally even without being mentally ill. He coined the phrase “manie sans
delire” to denote what eventually was referred to as “psychopathic personality”.

91
 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.

THE LEGACY OF POSITIVISM

The legacy of the positivist school was the shift from the armchair philosophizing about
human behavior to utilizing the concepts and methods of science.
Positivism did not disprove or destroy classical principles; it simply shifted emphasis from
crime and penology to the individual offender.
The Italian school made a valuable contribution to criminology by stimulating thought and
writing about crime and criminals. It focused attention on the offender as an appropriate object
of study, which the 18th-century reformers had not done. Finally, the work of the Italian school
framed the so-called nature-versus-nurture debate (whether biological or social factors create
behaviors) that became a principal theme throughout the development of modern criminology.
Consequently, the present penal code adopts mainly the Classical Theory although there
are some articles that pertain to the combinations of Neo Classical and Positivists theories.
Such that the penal code has provisions on exempting and justifying circumstances, impossible
crime (Art 4 RPC) and Art 13 para 7 on mitigating circumstances of voluntary surrender and
plea of guilty. With regard to Positivists, we have PD 968 and Pd 603.

D. THE NEO- CLASSICAL CRIMINOLOGY

THE NEO-CLASSICAL THEORY

Classical theory was difficult to apply in practice. It was modified in the early 1800s and
became known as neoclassical theory. A contemporary version of classical criminology that
emphasizes deterrence and retribution, with reduced emphasis on rehabilitation. Acceptance
of the notion of determinism implied that offenders were not entirely responsible for their
crimes and suggested that crime could be prevented by changing the conditions that produced
criminality.

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.

POLICY AND PREVENTION: IMPLICATIONS OF NEOCLASSICAL THEORIES

1. Rational choice and routine activities theories shift the policy focus from large and costly
social programs to target hardening and environmental designs that might dissuade a
motivated offender from offending.
2. The policy recommendations of deterrence theory increase the costs of committing crimes
and there will be less of it.
3. Lombroso believed that punishment should be only determined after a thorough
assessment of offenders and their needs.
4. As a social defense, Lombroso recommended death or life imprisonment for congenital
offenders.

PUNISHMENT AND NEOCLASSICAL THOUGHT

If a person is attracted to crime and chooses to violate the law, modern neoclassical thinkers
argue, and then he or she deserves to be punished because the consequences of crime were
known to the offender before the crime was committed.

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.

E. THE CHICAGO SCHOOL AND BEYOND (Rejecting Individualism: Blaming

Ecology to Nations Crime Problem)
In the 1920s, a group of sociologists known as the Chicago School attempted to uncover
the relationship between a neighborhood’s crime rate and the characteristics of the
neighborhood.

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
93
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.

THE THEORY OF THE CHICAGO SCHOOL

Studies found that neighborhoods that experienced high delinquency rates also experienced
social disorganization.
Social disorganization is the condition in which the usual controls over delinquents are
largely absent, delinquent behavior is often approved of by parents and neighbors, there are
many opportunities for delinquent behavior, and there is little encouragement, training, or
opportunity for legitimate employment.

FOUNDATIONS OF SOCIOLOGICAL CRIMINOLOGY

The foundations of sociological criminology can be traced to the works of pioneering
sociologists Adolphe Quetelet and Emile Durkheim. Quetelet instigated the use of data and
statistics in performing criminological research while Durkheim defined crime as a normal and
necessary social event.

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.

94
SUMMARY AND COMPARISONS OF THE CLASSICAL AND POSITIVIST SCHOOLS
PERTAINING TO CERTAIN ISSUES

Demonic Classical Positivist Neo-Clasical

Historical
Period
Middle Ages, 18th-century 19th-century Age Emerged between
1200-1600 Enlightenment, of Reason, mid– 1880 and 1920 and
early period of Industrial is still with us today
Industrial Revolution
Revolution
Leading
Figures
Religion Groups Cesare Becarria, Cesare Lombroso, Emanates from the
(Religious Jeremy Raffael Garofalo, work of several
explanation) Bentham Enrico Ferri personalities
Purpose of
School
To explain that a To reform and To apply the To modify the
person who humanize the scientific method classical school in
commits crimes legal and penal to the study of certain details
because they were systems crime and
posse by demons criminality
Image of
Human
Criminal behavior Humans are Human behavior Acceptance of the
Nature was believed to be hedonistic, is determined by notion of
the result of evil rational, and psychological, biol determinism but
spirits and have free will. ogical, or social offenders were not
demons something Our behavior is forces that entirely responsible
of natural force. motivated by constrain our for their crimes
maximizing rationality and because there are
pleasure and free will. situations or
minimizing pain. circumstances that
made it impossible
to exercise freewill
Image of
Criminals
Criminals is either Criminals are Criminals are Criminals are “not
tempted or posses essentially the different from always” responsible
by evil or demons. same as noncriminals. for their actions for
noncriminals. They commit they believed that
They commit crimes because there is no “absolute
crimes after they are inferior in freewill”. Since
calculating costs some way. children and lunatic
and benefits. cannot calculate
pleasure and pain,
they should not be
regarded as
criminals or to be
punished.

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.

95
 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.

I. CRIMINOLOGY IN THE PHILIPPINES

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.

ATTY. IGNACIO VILLAMOR

(1863-1933)
Villamor studied crime statistics and directed their
collection and preservation during his term as Attorney
General and as Director of the Bureau of Census in the early
1900s. Using crime records from 1903 to 1918, he published
La Criminalidad en las Islas Filipinas (1909) and Crime and
Moral Education (1924). He treated crime as an outcome of a
confluence of social factors (such as cultural and religious
superstition, and lack of education) and physical factors
(referring extensively to Lombroso’s theory of atavism as
proxy discussion). Villamor recognized Lombroso’s work as
“occup(ying) a preeminent place in the study of the causes of
crime” (1915:220).

96
 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.

A. THE FIRST EVER EDUCATIONAL INSTITUTION FOR CRIMINOLOGY IN THE

PHILIPPINES
Escuela De Derecho De Manila of 1898 established by FELIPE
G. CALDERON of Tanza founder and first dean, after his death,
renamed to Manila Law College whose educational principles in
Criminology was introduced in the Philippines on 1953 by
establishing sister institution, The Philippine College of
Criminology (PCCr) at Sta. Cruz, Manila. It is founded by Former
Supreme Court Justice Felix Angelo Bautista together with1
Former Manila Police Major Eleseo Vibar and Dr. Pedro Solis
of the National Bureau of Investigation. However, it opens only
when the Securities and Exchange Commission (SEC) granted its
approval in 1954.
The Philippines College of Criminology, formerly known as
Plaridel College is the first ever educational institution offering
the criminology course. It was considered as the pioneering College
of Criminology or Educational Institution for Scientific Crime Detection and police science
education not only in the Philippines but in the whole of Southeast Asia.
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 It was established because of the influence of foreign scholars and the increasing crime rates
in the Philippines.
In the early part of 1960's, criminology course was offered by:
1. University of Manila in Metro Manila
2. Abad Santos College in Metro Manila
3. University of the Visayas (UV) – first offered criminology course in Ceb
4. University of Mindanao in Davao City
5. University of Baguio in Baguio City and in all regions of the country.
6. University of Negros Recoletos (UNOR) - first offered criminology education in Western
Visayas

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.

B. ORGANIZATIONS OF CRIMINOLOGIST IN THE PHILIPPINES

Philippine Educators Association For Criminology Education (PEACE)

On January 15, 1983, Tradio organized and founded the Philippine Educators Association
for Criminology Education (PEACE), during the National Conference of Criminology Deans and
School Heads and Presidents, held at the University of Negros Occidental-Recoletos, College of
Criminology, on January 13 to 15, 1983.
Its primary objective is to professionalize criminology education in the context of
national development. The first set of officers of the Philippine Educators Association for
Criminology Education (PEACE) is the following:

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

Successful Projects of the Peace

The successful projects of the PEACE from January 13, 1983 to May, 1987 are the following:
1. Implementation of the first Licensure Examination for Criminology;
2. Recognition of the NAPOLCOM Police Examination by the Civil Service Commission
as Eligibility for employment in all other Government Civil Service Positions;
3. Accreditation of participants in the Seminar/Workshop on Police Marksmanship for
Instructional Purposes in all Criminology Schools; and
4. Upliftment of Criminology Education in line with the professionalization of the country's
police service.

1987 – Syllabi of subjects for the licensure examination for criminologist was promulgated

The Professional Criminologist Association of the Philippines (PCAP)

It is located at the Philippine Public Safety College, fort Bonifacio Makati. PCAP
(Professional Criminologist Association of the Philippines is an accredited professional
association of licensed criminologists of the Philippines by the PRC (Professional Regulation
Commission).It obtains accreditation from the PRC on March 25, 1990. As an Accredited
professional organization, the association coordinates with the PRC and the board of
criminology to promote the profession.
PCAP, being the accredited and professional organization for licensed criminologist in the
Philippines, it coordinates with the professional regulation commission and the Philippine
Board of Criminology in helping promote the Criminology profession.

Federation of Authors in Criminology and Criminal Justice, Inc.(FACCI)

Association of Licensed Criminologists, Criminology Deans, & Administrators, Inc.

(ALCCDA)

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.

Composition of the Board

1. One (1) Chairperson
2. Four (4)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.

Qualifications of Board Members

1. Natural-born Filipino citizen;
2. Must be of good moral character, good reputation, and of sound mind and body;
3. Not convicted by a court of competent jurisdiction of any offense involving moral
turpitude;
4. Must be a graduate of Bachelor of Science Criminology, and a holder of a Post-Graduate
degree in Criminology or a lawyer in any reputable school recognized by the CHED;
5. Must be a registered criminologist with a valid certificate of registration and a valid
professional identification card, having at least 10 years of practice in the profession prior
to the appointment including no less than 2 years teaching experience of criminology or
law subjects in full-time or part-time capacity in the college of criminology or college of
law recognized by the government through the CHED;
6. Must be a member in good standing of the APO but not an officer or trustee thereof; and
7. Must not be a member of the faculty of any school, college or university where a regular
class or review course in criminology is offered, nor a member of the staff of reviewers in
a review school or center, and must not have any direct or indirect pecuniary interest in
any such institution.

Removal of Members of the Board of Criminology - Grounds:

1. Gross neglect, incompetence, or dishonesty in the discharge of one's duty;
2. Commission of prohibited acts under RA 11131 and offenses in the RPC, Anti-Graft and
Corrupt Practices Act, and other laws;
3. Manipulation or Rigging of the results of the licensure examination for Criminologist,
disclosure of secret and confidential information on the examination questions prior to
the conduct thereof or tampering of grades; and
4. Conviction with final judgment of any crime involving moral turpitude.

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.

ADDITIONAL READING MATERAILS

Read the following:

1. https://www.sagepub.com/sites/default/files/upm-
binaries/87094_Chapter_3_The_Classical_School_of_Criminological_Thought.pdf
2. https://learning.uonbi.ac.ke/courses/GPR200/document/criminology/POSIVITISM%20C
RIMINOLOGY.doc
3. http://understandingcriminology.pbworks.com/f/Lec+5+Positivist+Criminology.pdf
4. http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.80.7034&rep=rep1&type=pdf
5. https://lawphil.net/statutes/repacts/ra2018/ra_11131_2018.html

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.

A. CLASSICAL B. NEO-CLASSICAL C. POSITIVIST

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.

A - CESARE LOMBROSO B - CESARE BECCARIA C - JEREMY BENTHAM

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

62. It refers to the application of scientific techniques to

the study of crime and criminals.
a. Determinism c. Spiritualism
b. Utilitarianism d. Positivism

63. 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.
a. Hard Determinism
b. Soft Determinism
c. Libertarianism
d. All of the above

64. An English physician who believed that insanity

and criminal behavior were strongly linked.
a. J.K. Lavater
b. Philippe Pinel
c. Henry Maudsley
d. Charles Darwin
65. Which of the following is NOT an assumption of
positivist school?
a. Human behavior is determined and not a matter
of free will.
b. Criminals are fundamentally different from
non-criminals.
c. Crime is frequently caused by single factors.

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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

a. LEGAL definition: Crime is defined as an act committed or omitted violation of a public

law forbidding or commanding it. It is also defined as an act that violates the law of the
nation.

b. SOCIAL definition: Crime is an act that is injurious, detrimental or harmful to society

or community.

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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.

CRIME DISTINGUISH TO CRIMINALITY, DEVIANCE, SIN AND IMMORALITY

1. Crime and Criminality

a. Criminality is a property of individuals that singles the willingness to commit acts
of commission or omission contrary to the law and other harmful acts.
b. When criminologists study criminality, they study individuals who commit
predatory harmful acts, regardless of the legal status of the acts.
c. Criminality is a clinical or scientific term rather than a legal one.

2. Crime and Deviancy

a. Deviant acts are not necessarily against the law but are considered atypical and
may be deemed immoral rather than illegal . It may refer to a broad range of
activities that the majority in society may view as eccentric, dangerous, annoying,
bizarre, outlandish, gross, abhorrent, and the like. It refers to behavior that is
outside the range of normal societal toleration.
b. Deviant acts as those that violate group expectations and crime as any act that
violates criminal law.
c. Crime and its definition are social products. Society (human groups) decides what
is a crime and what is not. The designation of the society of what acts is a crime
depends on the law they passed.

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.

4. Crime and Immorality

a. Crime is committed against the law of state while immorality is committed
against the unwritten social norms in locality.
b. Crime is fixed by statute, while immorality is not.
c. Crime is nationalistic while immorality is regionalistic

GENERAL ELEMENTS OF CRIME

1. There must be an Act or Omission
2. The act must be in Violation of the Public Law
3. The act is committed either by Dolo or Culpa

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:

a. DIRECT EXPENSES- those spent by government or private sector for the

maintenance or the police and security guards for crime detection, prosecution and
judiciary, support of prison systems.

b. INDIRECT EXPENSES- those expenses utilized to prevent the commission of

crimes like the construction of window grills, fences, gate, purchase of door locks
safety vaults, hiring of watchmen, feeding of watchdog, etc.

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.

4. CRIME IS REFLECTIVE- crime rate or incidence in a given locality is reflective of

the effectiveness of the social defenses employed by the people primarily of the police
system.

5. CRIME IS PROGRESSIVE- the progressive increase in the volume of crime is on

account of the over increasing population. The ever increasing rate and their technique
show the progressive thinking of the society for advancement.

WHAT CONSTITUTES A CRIME?

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.

Distinction between intent and discernment

Intent is the determination to do a certain thing, an aim or purpose of the mind.
It is the design to resolve or determination by which a person acts.
On the other hand, discernment is the mental capacity to tell right from wrong. It
relates to the moral significance that a person ascribes to his act and relates to the
intelligence as an element of dolo, distinct from intent.

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.

TWO MODELS OF CRIME

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.

WHY DOES CRIME EXIST?

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.

C. SOCIOLOGICAL POINT OF VIEW

a. Crime is the result of an individual’s location within the structure of society
b. Crime is the end product of various social processes, especially inappropriate
socialization and social learning.
c. Crime is the product of class struggle. The perspective emphasizes the nature of
existing power relationships between social groups.

THE CRIME FORMULA

One way of understanding crime and criminal behavior is through the so called
CRIMINAL FORMULA; criminal formula consist of three factors that must be considered in
explaining the birth of criminal behavior, this includes (1) Criminal Tendency (2) Total
Situation and (3) Person’s Mental and Emotional Resistance to Temptation. It can be expressed
in this formula:

C Crime/Criminal Behavior (Act)

T Criminal Tendency (Desire/Intent)
T+S S Total Situation (Opportunity)
C=----------------- R Resistance to Temptation (Control)
R

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.

1. Desire of a criminal to commit a crime. This is the

criminal's drive, intent and motivation. There is nothing you can realistically do to
curtail or eliminate that desire. Once he has the desire, he is looking for a target and an
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.

Example: Intent to kill for Examples: dispute, economic

homicide, intent to gain for gain, jealousy, revenge,
robbery and theft. insanity, thrill, intoxication,
drug addiction and many
others.

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.

Instrumentality- It is the means or instrument used in the commission of the crime.

Examples are firearms, a bolo, a knife, poisonous substance, crow bar, motor vehicles
and others.

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.

THE SQUARE OF CRIME

To fully understand and be able to tackle crime, we
must look at four different elements, which have been
called the “Square of Crime”. It expands the fundamental
triangle of relationships that is the proper subject of
criminology-the offender, the state and the victim. To
this, Jock Young, a well-known left relaist, added the
public (civil society) to create the four corners of a square,
with the offender and victim on one side (actors) and the
state and civil society on the other (reactors). It is Left
Realists explanation of crime which argue that crime is
caused by several different factors. They call this multiple
aetiology (relative deprivation, marginalisation and subculture).
Crime by its very nature is the product of formal and informal rules, offender actions and
victim and state and agency reactions. Therefore, it is important to try to understand why
people are offending, what makes the victims vulnerable, the factors affecting public attitudes
and responses to the crime, and the social forces that influence the police. This can be done by
consolidating a number of different community agencies, who should all work together to
resolve crime.
According to Jock Young, "Any change in one of these factors will affect the crime rate ...
The point here is that crime can not simply be explained in terms of criminal control agencies,
and that the agencies involved in crime control are much larger than in the criminal justice
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system." Young continues, "Police-public relationship is also important in the interaction
between all parts. For example, the response of police and agency to victims greatly affects the
actual impact of victimization and in some cases, such as rape and sexual assault, may even
involve what has been called secondary victimization. That is where the victim is further
stigmatized by the police and the courts themselves. All this, especially in terms of the
willingness to report to the police, affects the official crime rate and the clear-up possibilities.

GENERAL CLASSIFICATION OF 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.

2. Offense – An act or omission that is punishable by special laws.

3. Misdemenor/ Delinquency – Acts that are in violation of simple rules and regulations.

LEGAL CLASSIFICATION OF CRIMES OR FELONY

A. AS TO THE MANNER OF COMMISSION

According to Article 3 of the Revise Penal Code, the following are the classification of
felonies as to the manner of commission:

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.

2. BY MEANS OF CULPA OR FAULT (Culpable Felony)- when the wrongful act

result from imprudence, negligence, lack of foresight or lack of skill. Its elements are
Intelligence, Freedom (Voluntariness) and Negligence

Distinction between negligence and imprudence

(1) In negligence, there is deficiency of action;
(2) in imprudence, there is deficiency of perception.

B. AS TO THE STAGES IN THE COMMISSION OF CRIMES

According to Article 6 of the Revise Penal Code, the following are the classification of
felonies as to the stages in the commission of crimes:

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.

C. AS TO PRESENCE OF STAGES IN THE COMMISSION OF CRIMES

1. FORMAL CRIMES Crimes which are consummated in one instance. Example:
Illegal Exaction under Art. 213 Mere demanding of an amount different from what
the law authorizes him to collect will already consummate a crime, whether then
taxpayer pays the amount being demanded or not.

2. MATERIAL FELONIES - crimes that have various stages of execution.

3. FELONIES BY OMISSION- Crimes which have no attempted stage.

D. AS TO THE PLURALITY OF CRIMES

Plurality of Crimes (Concursu de delitos) ia a crime consists of the successive
execution by the same individual of different criminal acts for any of which no conviction
has yet been declared.

Philosophy behind plural crimes

Through the concept of plural crimes, several crimes are treated as one. The
purpose of this is to allow leniency towards the offender, who, instead of being made to
suffer distinct penalties for every resulting crime is made to suffer one penalty only,
although it is the penalty for the most serious one and is imposed in its maximum period.

Kinds of Plurality of Crimes

1) Real or Material Plurality - There are different crimes in law as well as in the
conscience of the offender. In such cases, the offender shall be punished for each
and every offense that he committed.
2) Formal or Ideal Plurality- There is but one criminal liability in this kind of
plurality. It is divided into 3 groups: (1) Complex Crimes, (2) Special Complex
Crimes, (3)Continuing and Continued or Continous Crimes

1. SIMPLE CRIME - When a single act constitutes only one offense.

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.

3. SPECIAL COMPLEX CRIMES OR COMPOSITE CRIME- composed of two or

more crimes that the law treats as a single indivisible and unique offense for being
the product of a single criminal impulse. It is a specific crime with a specific penalty
provided by law. Ex. robbery with homicide (Art. 294, par. 1), robbery with rape (Art.

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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.

Complex Crime vs. Special Complex Crimes

(1) In a composite crime, the composition of the offenses is fixed by law; In a complex or
compound crime, the combination of the offenses is not specified but
generalized,mthat is, grave and/or less grave, or one offense being the necessary
means to commit the other;
(2) For a composite crime, the penalty for the specified combination of crimes is specific;
for a complex or compound crime, the penalty is that corresponding to the most
serious offense, to be imposed in the maximum period; and
(3) A light felony that accompanies a composite crime is absorbed; a light felony that
accompanies the commission of a complex or compound crime may be the subject of a
separate information.

4. CONTINUED CRIME (DELITO CONTINUADO) - The offender here does not

perform a single act, but a series of acts, and one offense is not a necessary means for
continuing the other. Hence, the penalty is not to be imposed in its maximum period.
Ex…a thief who took from a yard of a house two game roosters belonging to two
different persons was ruled to have committed only one crime of theft, because there
is a unity of thought in the criminal purpose of the offender. The accused was
animated by a single criminal impulse.

E. AS TO THE GRAVITY OF PENALTY OR OFFENSE

According to Article 9, as amended by Sec. 1, RA 10951 the following are the classification
of felonies as to the gravity of penalty or offense:

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.

F. AS TO THE BASIS OF CRIMINAL ACT:

1. Crimes against Public Interest
2. Crimes against National Security and the Law of Nations
3. Crimes against the Fundamental Laws of the State.

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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.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. AS TO THE RESULT OF CRIMES:

a. ACQUISITIVE CRIME- When the offender acquires something as a consequence

of his criminal acts.
b. EXTINCTIVE CRIME- When the end result of a criminal act is destructive.

2. AS TO THE TIME OR PERIOD OF COMMISSION:

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.

3. AS TO THE LENGTH OF TIME OF COMMISSION:

a. INSTANT CRIME- those committed in the shortest possible time.

b. EPISODIC CRIME- Those committed by a series of act in a lengthy space of time.

4. AS TO THE PLACE OF LOCATION OF THE COMMISSION:

a. STATIC CRIMES- Those committed in only one place.

b. CONTINUING CRIME- Those can be committed in several places.

5. AS TO THE USE OF MENTAL FACULTIES:

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.

6. AS TO THE TYPE OF THE OFFENDERS

a. WHITE COLLAR CRIME- Those committed by person of respectability and upper

socio-economic class in the course of their occupation activities.

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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.

SYMBOLIC INTERACTIONISM - proposed by Sutherland believed that it criminal

behavior was learned from interpersonal interaction with others.

EXAMPLES: Fraud, Bribery, Insider Trading, Embezzlement, Computer Crime, and

Forgery

a. BLUE COLLAR CRIME- Any crime committed by an individual from a lower social
class and ordinary professional criminal to maintain their livelihood.

(7) AS TO THE STANDARD OF LIVING OF THE CRIMINALS:

a. CRIME OF THE UPPER WORLD- falsification cases

b. CRIME OF THE UNDERWORLD- bag snatching

OTHER CLASSFICATION OF CRIME

Both the Positivist and Classical Schools take a CONSENSUS VIEW OF CRIME — that
a crime is an act that violates the basic values and beliefs of society. Those values and beliefs
are manifested as laws that society agrees upon.

A. CORPORATE CRIME - It refers to crimes committed either by a corporation or by

individuals that may be identified with a corporation or other business entity.

NOTA BENE:
Corporation is a business entity having a separate legal personality from the
natural persons that manage its activities),

B. ORGANIZED CRIME OR CRIMINAL ORGANIZATIONS – It refers to groups or

operations run by criminals, most commonly for the purpose of generating a monetary profit.

ORGANIZED CRIME CONTROL ACT defines organized crime as "The unlawful

activities of...a highly organized, disciplined association..." Some criminal organizations,
such as terrorist organizations, are politically motivated. Gangs sometimes become
"disciplined" enough to be considered "organized".

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.

POLITICALLY-MOTIVATED BEHAVIOR - an acceptable response when the offender is

driven by more extreme political, ideological, religious or other beliefs, there may be a
question of the morality, of a law which simply criminalizes ordinary political dissent.

EXAMPLES: Treason, Sedition and Terrorism

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.

DISTINCTION BETWEEN STATE CRIME AND POLITICAL CRIME

Political Crimes State Crime
Any behavior perceived as a threat real It is the states that break both their own
or imagined, to the state's survival criminal laws and/or public international
including both violent and non-violent law.
oppositional crimes.

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.

DISTINCTION BETWEEN PUBLIC ORDER CRIME AND POLITICAL CRIME

Political Crimes Public Order Crime
The state perceives itself to be the The identity of the "victim" may be indirect
victim and criminalizes the behavior it and sometimes diffuse, it is cumulatively the
considers threatening. community that suffers. Public order crime
includes consensual crime, victimless vice,
and victimless crime.

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.

F. STATE-CORPORATE CRIME - It refers to crimes that result from the relationship

between the policies of the state and the policies and practices of commercial corporations.
The term was coined by Kramer and Michalowski, and redefined by Aulette and
Michalowski. These definitions were intended to include all "socially injurious acts" and
not merely those that are defined by the local criminal jurisdiction as crime.

As an academic classification, it is distinguished from:

1. CORPORATE CRIME - Studies deviance within the context of a corporation and by

a corporation;

2. POLITICAL CRIME - A crime directed state.

3. STATE CRIME OR "STATE-ORGANIZED - Studies crimes committed by

government organizations.

G. VICTIMLESS CRIME – It is a behavior of an individual which is forbidden by law, but

which neither violates nor significantly threatens the rights of other individuals.
Victimless Crimes affect society as a whole, thus making society a "victim". Proponents of
victimless crime assert that all CONSENSUAL CRIME, when performed by or with an
individual who has the ability to consent, is victimless, as the rights of a consenting
individual cannot be violated or threatened, and society cannot be a victim.

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.

WINTIMFUL AND VICTIMLESS CRIME

Three crime categories
1. Crimes for which there is an obvious intended victim.
2. Crimes in which victimization is the result of carelessness.
3. Crimes in which participation in the crime is voluntary.
A victimless crime is consensual and non predatory; a victimful crime is non-consensual and
predatory, and mala in se almost by definition.

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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

Choices for items 5-8

a. Harm c. Causation
b. Concurrence d. Corpus delicti

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.

Choices for items 10-13

a. Motive c. Intent
b. Opportunity d. Instrumentality
10. It is the means or instrument used in the commission of the crime.
11. The purpose to use a particular means to effect such result.
12. It refers to the reason why a person will commit a crime.
13. It consists of the acts of omission or commission by which enables another person or group of persons to perpetrate a crime.

Choices for items 14-16

a. Grave Felonies c. Light Felonies
b. Less Grave Felonies

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.

Choices for items 17-19

a. Felonies c. Misdemeanor
b. Offense

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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.

20. Actus non facitreum nisi mens sit rea means:

a. there is no crime where there is no law punishing it.
b. an act done by me against my will is not my act.
c. he who is the cause of the cause is the cause of the evil caused
d. the act itself does not make a man guilty unless his intentions were so.
21. Actus me invitofactus non est meus actus means:
a. there is no crime where there is no law punishing it.
b. an act done by me against my will is not my act.
c. he who is the cause of the cause is the cause of the evil caused
d. the act itself does not make a man guilty unless his intentions were so.
22. The government and private sector spend enormous amount of money for crime detection, prosecution, correction and
prevention. This means that-
a. crime is pervasive c. crime is expensive
b. crime is destructive d. crime is reflective
23. It is a behavior of an individual which is forbidden by law, but which neither violates nor significantly threatens the rights
of other individuals.
a. Victimless Crime c. Corporate Crime
b. Political Crime d. State Crime
24. It is an act committed or omitted in violation of a public law forbidding or commanding it.
a. Delinquency d. Crime
b. Criminality e. Sin
c. Immorality
25. It means guilty act.
a. Actus Rea c. All of the above
b. Mens Rea d. None of the above

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

____1. Indicates a deficiency of action and usually involves lack of skill.

____2. Under this model, the most powerful group imposes its definitions of crime on the rest, and the justice
system primarily serves them and reinforces their power.
____3. The offender performs all the acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
____4. Under this model, those who break them must be sanctioned. Law set boundaries for acceptable behavior
within the society.
____5. When a single act constitutes two or more grave or less grave felonies.
____6. Wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
____7. It is committed when all the elements necessary for its execution and accomplishment are present.
____8. When an offense is a necessary means for committing the other.
____9. It indicates and deficiency of perception and usually involves lack of foresight.
____10. The offender commences the commission of a felony directly by overt acts and does not perform all the acts
of execution which should produce the felony, by reason of some cause or accident other than his own
spontaneous desistance.
____11. It composed of two or more crimes that the law treats as a single indivisible and unique offense for being
the product of a single criminal impulse.
____12. It refers to act performed with deliberate intent.
____13. When committed, the criminal action may be instituted and tried in the court of the municipality, city or
province wherein any of the essential ingredients thereof took place.
____14. A single crime, consisting of a series of acts but all arising from one criminal resolution.

122
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

IV. ENUMERATION. Write what is being asked.

1. What are the characteristics of crime? (5 pts)
2. What are the classification of crime as to the basis of criminal act? (10 pts.)
3. What are the elements of culpable felonies? (3 pts.)
4. What are the elements of intentional felonies? (3 pts.)
5. Give five examples of victimless crime. (5 pts)

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.

THE LEGAL MAKING OF A CRIMINAL

A person is not officially a criminal until he or she has been defined as such by the law.
Before the law can properly call a person a criminal, it must go through a series of actions
governed at all junctures by well-defined legal rules collectively called criminal procedure.

CRIMINAL AND OTHER TERMS

Criminal is a person who has violated the penal law and has been found guilty of the crime
charges upon observing of the standard judicial procedure. Here are some term often confused
with the word criminal.
a. Delinquent is a person who merely committed an act not in conformity with norms of
society. Example: waywardness of children, street comer gang , school dropouts without
justifiable reasons, children out of parental control
b. Suspect is a person who is under investigation or at the police stage whom officers think
may be involved in the crime.
c. Person of interest is is someone police want to talk to for information about a case
who is believed to be possibly involved in a crime but has not been charged or arrested.
 d. Respondent is a person who undergoing preliminary investigation at the Prosecutors
office to determine probable cause of the case whether the case should be filed in court
or not.
e. Accused is a term used when a case has been filed in Court or in other words the person
is already at the trial of the case.
f. A convict is "a person found guilty of a crime and sentenced by a court" or "a person
serving a sentence in prison". Convicts are often also known as "prisoners" or "inmates"
or by the slang term "con", while a common label for former convicts, especially those
recently released from prison, is "ex-con" ("ex-convict").
g. A fugitive from justice, also known as a wanted person, can be a person who is either
convicted or accused of a crime and hiding from law enforcement in the state or taking
refuge in a different country in order to avoid arrest.

GENERAL CLASSIFICATION OF CRIMINALS

A. Criminals Classified on the Basis of Etiology

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:

1. Neurotic Criminal- person whose action arises from intra-psychic conflict

between the social and anti-social components of his personality. Ex. Kleptomania.

2. Normal Criminal- person whose psychic organization resembles that of normal

individuals except that he identified himself with criminal proto type. Example:
Prototype.

B. Criminals Classified on the Basis of Behavioral System:

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.

b. Organized Criminal- These criminal has a high degree of organization to enable

them to commit crimes without being detected and committed to specialized
activities which can be operated in large scale business. Force violence
intimidation and bribery are used to gain and maintain control over economic
activities. Organized crime of this special type includes various form of racketeering,
control of gambling, prostitution and distribution of prohibited drugs.

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. Criminals classified on the Basis of Activities

 a. Professional Criminal- Those who earn their livingthrough criminals activities.

b. Accidental Criminal- Those who commit criminal acts as a result of unanticipated

circumstances.

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.

D. Criminals Classified as a Basis of Mental Attitudes

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"

b. Active Aggressive Criminal- Those who commit crime in an impulsive manner

usually due to the aggressive behavior of the offender. Such attitude is clearly shown
in crimes of passion, revenge and resentments.

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.

E. Two types of criminals from the sociological point of view

(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.

TRAITS THAT A PERSON POSSESSES THAT CAN LEAD TO

CRIMINAL BEHAVIOR
The following are the traits that can leads to criminal behavior:
1. Anti-social values: This is also known as criminal thinking. It includes criminal
rationalization or the belief that their criminal behavior was justified. Individuals
possessing this trait often blame others for their negative behavior, and show a lack of
remorse.

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.

MALA IN SE AND MALA PROHIBITA

Mala in se – acts that are thought to be wrong in and of themselves – example – forcing
someone to have sex against his or her will and the intentional killing of children.
Mala prohibita – acts that are wrong only because they are prohibited – examples –
prostitution, gambling, drug use – may not be illegal in different jurisdictions.
Distinction between crimes punished under the Revised Penal Code and crimes
punished under special laws
 Mala In Se (RPC) Mala Prohibita (Special Law)
Nature Wrong from its very Not inherently bad, evil or
nature, evil or by law for wrong, but bad, universally
public good. prohibited condemned, public
welfare or interest, and when
violated are penalized by law.
As to moral trait The moral trait of the The moral trait of the offender is
of the offender offender is considered. not considered; it is enough that
This is why liability the prohibited act was
would only arise when voluntarily done.
there is dolo or culpa in
the commission of the
punishable act.
As to essential Criminal Intent is an Voluntariness is enough.
elements essential elements.
As to use of good Good faith or lack of Good faith is not a defense, only
faith as defense criminal intent may be defense is lack of voluntariness
raised as a defense, unless in the commission of the crime
the crime is the result of
culpa
As to degree of The degree of The act gives rise to a crime only
accomplishment accomplishment of the when it is consummated; there
of the crime crime is taken into are no attempted or frustrated
account in punishing the stages, unless the special law
offender; thus, there are expressly penalize the mere
attempted, frustrated, attempt or frustration of the
and consummated stages crime.
in the commission of the
crime.
As to mitigating Mitigating and Mitigating and aggravating
and aggravating aggravating circumstances are not taken
circumstances circumstances are taken into account in imposing the
into account in imposing penalty.
the penalty since the
moral trait of the offender
is considered.
As to degree of When there is more than The degree of participation of
participation one offender, the degree of the offenders is not considered.
participation of each in All who perpetrated the
the commission of the prohibited act are penalized to
crime is taken into the same extent. There is no
account in imposing the principal or accomplice or
penalty; thus, offenders accessory to consider.
are classified as principal,
accomplice and accessory.

Test to determine if violation of special law is malum prohibitum or malum in se

A. Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as

such? If you remove the law, will the act still be wrong?
 B. If the wording of the law punishing the crime uses the word “willfully”, then malice must
be proven.
C. Where malice is a factor, good faith is a defense. In violation of special law, the act
constituting the crime is a prohibited act. Therefore culpa is not a basis of liability, unless
the special law punishes an omission.
D. When given a problem, take note if the crime is a violation of the Revised Penal Code or
a special law.

THE ORIGIN OF THE LAW (EARLY SOURCES OF THE CRIMINAL LAW)

The concept of crime was first recognized in the earliest surviving legal codes, which were
developed by the Babylonians and the Hebrews, and later in Legal codes developed by Romans.
KING DUNGI OF SUMERIAN - credited with developing one of the first legal codes in
about 200 BC. Its content is known today because it was later adopted by HAMMURABI, the
sixth King of Babylon, in his famous set of written laws that is today known as the CODE OF
HAMMURABI.

NOTA BENE:
SUMERIAN is known today as Iraq.

1. CODE OF HAMMURABI - Preserved on basalt rock columns, it establishes crime and

their correction. Punishment was based on physical retaliation or LEX TALIONIS (“an eye
for an eye”). It is an early set of laws established by the Babylonian king Hammurabi, who
ruled the ancient city from 1792 to 1750 B.C. – first body of law to survive and be available
for study. Intended to establish property and other rights crucial to the continued growth of
Babylon as a significant commercial center. Emphasis on retribution – penal philosophy –
attempt to keep cruelty within bounds – before code: revenge seeking victims punished

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.”

6. DRACONIAN CODE – GREECE (17TH CENTURY) - The Draconian constitution, or

Draco's code, was a written law code created by Draco near the end of the 7th century BC in
response to the unjust interpretation and modification of oral law by Athenian aristocrats.
With most societies in Greece codifying basic law during the mid-seventh century BC,
Athenian oral law was manipulated by the aristocracy[6] until the emergence of Draco's
code. Around 621 BC the people of Athens commissioned Draco to devise a written law code
and constitution, giving him the title of the first legislator of Athens. The literate could read
the code at a central location accessible to anyone. This enactment of a rule of law was an
early manifestation of Athenian democracy.

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.

EARLY LAWS IN THE PHILIPPINES:

a. Maragtas Code – The oldest law of panay island
Here are the rules of the Code:

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.

b. KALANTIAO CODE – 2ND CODE OF CRIMINAL JUSTICE - The Code of Rajah

Kalantiaw was a supposed legal code in the epic history Maragtas that is said to have
 been written in 1433 by Datu Kalantiaw, a chief on the island of Negros in the
Philippines. The code is now believed by many historians to have been a hoax and
that it had actually been written in 1913 by Jose E. Marco as a part of his historical
fiction Las antiguas leyendas de la Isla de Negros (English: The Ancient Legends of
the Island of Negros), which he attributed to a priest named Jose Maria Pavon.
Philippine historian Teodoro Agoncillo describes the code as "a disputed document."

DEVELOPMENT OF CRIMINAL LAW IN THE PHLIPPINES

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.

SPANISH CODIGO PENAL

When the Spanish Colonizer came, the Spanish Codigo penal was made applicable and
extended to the Philippines by Royal Decree of 1870. This was made effective in the Philippines
on July 14, 1876.

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

WHO IS RAFAEL DEL PAN?

He drafted a correctional code which was after the Spanish Codigo penal was extended
to the Philippines. But that correctional code was never enacted into law. Instead, a committee
was organized headed by then Anacleto Diaz. This committee was the one who drafted the
present Revised Penal Code.

THE PRESENT REVISED PENAL CODE

When a committee to draft the Revised Penal Code was formed, one of the reference that
they took hold of was the correctional code of Del Pan. In fact, many provisions of the Revised
Penal Code were no longer from the Spanish Penal Code; they were lifted from the correctional
code of Del Pan. So it was him who formulated or paraphrased this provision making it simpler
and more understandable to Filipinos because at that time, there were only a handful who
understood Spanish.
A committee was created by virtue of ADMINISTRATIVE ORDER NO. 94 of the DOJ
dated October 18, 1927 consisting of a chairman and four members as follows: (1) Anacleto Diaz
, the chairman, (2) Guillermo Guevarra, (3) Alex Reyes, (4) Mariano H. de Joya and (5) Quintin
Paredes.

CODE OF CRIME BY GUEVARRA

During the time of President Manuel Roxas, a code commission was task to draft a penal
code that will be more in keeping with the customs, traditions, traits as well as belief of the
Filipinos. During that time, the code committee drafted the so-called code of crimes. This too,
slept in congress. It was never enacted in to law. Among those who participated in drafting the
code of crime was Judge Guillermo Guevarra.
Since the code of crime was never enacted into law, Guevarra enacted his own code of crimes
but he same was never enacted into law. But that code of crimes presented in the Batasan was
cabinet Bill No. 2. Because the code of crimes prepared by Guevarra was more of a moral code
than a penal code, there were several oppositions against the code.

PROPOSED PENAL CODE OF THE PHILIPPINES

Through assembly man Estelito Mendoza, the U.P. Law Center formed a committee which
drafted the Penal Code of the Philippines. This penal code was substituted as Cabinet Bill No.
2 and this has been discussed in the floor of the Batasang Pambansa. So the code of crimes in
the Congress was not the code of crimes during the time of Pres. Roxas. This is a different one.
Cabinet Bill No. 2 is the Penal Code o the Philippines drafted by a code committee chosen by
the U.P. Law Center, one of them was Prof. Carlos Ortega. There were seven members of the
committee. It would have been enacted into law if not for the dissolution of the Batasang
Pambansa.

SOURCES OF CRIMINAL LAW IN THE PHILIPPINES

a. The Revised Penal Code (Act. No. 3815) and its amendments.
b. Special penal laws passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, the Congress of the Philippines
c. Batasang Pambansa etc.
d. Penal Presidential Decrees issued during Martial Law.

Are there Common Law Crimes in the Philippines?

NONE, the so-called common law crimes, known in the United States and England as the
body of principles, usages and rules of action, which do not rest for their authority upon any
express and positive declaration of the will of the legislature, are not recognized in this country.

PRINCIPAL PARTS OF THE REVISED PENAL CODE

1. Articles 1-20 – Principles affecting criminal liability
2. Articles 21-113 – provisions of penalties including criminal and civil liability.
3. Articles 114-367- felonies defined under the different titles.

What is the meaning of Nulum Crimen Nulla Poena Sine Lege?

It means there is no crime when there is no law that defines and punishes it. This is
known as LOGOMACY. One cannot be punishable for violation of a law that has not yet been
published at the time of alleged commission of the offense. Hence, no matter how perverse or
heinous an act is, it is not considered a crime unless there is a law punishing it.

TWO DIVISIONS OF LAW

1. SUBSTANTIVE LAW- a law which creates defines or regulates rights concerning life,
liberty or property, or the powers of agencies or instrumentalities for the administration
of public affairs.
 2. REMEDIAL LAW- is that branch of law which prescribes the method of enforcing rights
or obtaining redress for their invasion. It is also known as adjective law or procedural
law.

POWER TO DEFINE AND PUNISH CRIMES

The state has the authority, under its police power, to define and punish crimes and to lay
down the rules of criminal procedure. States, as a part of their police power, have a large
measure of discretion in creating and defining criminal offenses.
The power of the state to define and punish an act as a crime is lodge only in
CONGRESS, while it is true that under the Constitution, the President may perform this
prerogative in the exercise of emergency powers delegated by law, the direct source of the said
power is the law through the CONGRESS.

LIMITATIONS ON THE POWER OF THE LAWMAKING BODY TO ENACT PENAL

LEGISLATION
The bill of Rights of the 1987 Constitution imposes the following limitations:
(1) No ex post facto law or bill of attainder shall be enacted (Art.111, Sec.22)
(2) No person shall be held to answer for a criminal offense without due process of law. (Art.
111, Sec. 14[1])
(3) No law that provides for cruel and unusual punishment shall be passed. ( Art 111, Sec.13,
(1) 1987 Constitution)
(4) A penal law must be general in application. A penal law to be enacted by Congress must
be applicable to all persons who live or sojourn in the Philippine territory, without
reference to the person or persons who might violate any of its provisions.

4. EXPO FACTO LAW defined - An expo facto law is one which:

(a) Makes criminal an act done before the passage of the law and which was innocent when
done, and punishes such an act;
(b) Aggravates a crime, or makes it greater than it was, when committed;
(c) Changes the punishment and inflicts a greater punishment than the law annexed to the
crime when committed;
(d) Alters the legal rules of evidence, and authorizes conviction upon less different testimony
than the law required at the time of the commission of the offense;
(e) Assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and
(f) Deprives a person accused of a crime some lawful protection to which he has become
entitled, such as the protection of a former conviction or acquittal, or a proclamation of
amnesty.

5. BILL OF ATTAINDER defined – It is a legislative act which inflicts punishment

without judicial trial. Its essence is the substitution of a legislative act for a judicial
determination of guilt. Example: Congress passes a law which authorizes the arrest and
imprisonment of communists without the benefit of a judicial trial.

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.

RULES ON REPEAL OF PENAL LAWS

 A. EFFECTS OF EXPRESS REPEAL OF PENAL LAW:
a. If a penal law is expressly repealed by another law, the crime is obliterated.
b. If there is a pending criminal case at the time of the repeal, the same must be
dismissed.
c. The retroactivity of the repeal extends even to the one already convicted under the
repealed law and serving sentence by virtue of final judgment. The convict should be
released from prison.

B. EFFECT OF IMPLIED REPEAL OF PENAL LAW:

a. If there is only an implied repeal, the pending criminal action at the time the
repealing law took effect will not be dismissed because the act punished in the new
law which impliedly repealed the former. Both laws apply to the same subject matter.
This is also called repeal by reenactment
b. However, the penalty under the repealing law will be applied if it favorable to the
accused; otherwise, the penalty under the first law shall apply.

C. EFFECT OF THE REPEAL OF THE LAW WHICH EXPRESSLY REPEALED A

PRIOR LAW: When the law which expressly repealed a prior law is also repealed, the
law first repealed is not revived unless expressly so provided.

D. EFFECT OF THE REPEAL OF THE LAW WHICH IMPLIEDLY REPEALED A

PRIOR LAW: When the law which impliedly repealed a prior law is repeated, the repeal
of the repealing law revives the prior law unless the contrary is provided.

DIFFERENT EFFECT OF PENAL LAWS

1. If the repeal makes the penalty lighter in the new law, the new law shall be applied,
except when the offender is a habitual delinquent or when the new law is made not
applicable to pending action or existing causes of action.
2. If the new law imposes a heavier penalty, the law in force at the time of the commission
of the offense shall be applied.
3. If the law totally repeals the existing law so that the act which was penalized under the
old law is no longer punishable, the crime is obliterated.

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.

INTERPRETATION OF PENAL LAWS

Penal laws are strictly construed against the Government and liberally in favor of the
accused. In the construction or interpretation of the provisions of the Revised Penal Code, the
Spanish text is controlling, because it was approved by the Philippine Legislature in its Spanish
text.

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.

CHARACTERISTICS OF CRIMINAL LAW

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

2. LAW OF PREFERENTIAL APPLICATION

Examples: Republic Act no. 75 is considered as a Law of preferential application in
favor of diplomatic representatives of foreign countries. It is a law that penalizes acts
which would impair the proper observance by the republic and inhabitants of the
Philippines of the immunities, right, and privileges of duly accredited foreign
diplomatic representatives in the Philippines.
RA 75- extends the immunity to the domestic or domestic servants of duly accredited
ambassadors if registered in the ministry of foreign Affairs. If the domestic servant or a
driver is a Filipino the Chief of Police of Manila must be furnished a copy of the name or
names of the said Ambassador’s driver or domestic servant.
RA 75-it is, however applicable only where the country of the diplomatic representative
affected provides for similar protection to duly accredited diplomatic representatives of
the republic of the Philippines.

3. PRINCIPLE OF PUBLIC INTERNATIONAL LAW - The following are not subject to

the operation of our criminal laws:
1. Sovereigns and other chiefs of state.
2. Ambassadors,
3. Ministers,
4. Plenipotentiary
5. Ministers resident, and
 6. Charges d’affaires.

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.

B. TERRITORIAL, in that criminal laws undertake to punish crimes committed within

Philippine territory.

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.

2. ART. 1 OF THE 1987 CONSTITUTION PROVIDES AS FOLLOWS: “The national

territory comprises the Philippine Archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between and connecting the islands of the Archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the Philippines.”

B. TWO WAYS OF APPLICATION OF THE REVISED PENAL CODE

1. TERRITORIAL or INTRATERRITORIAL- That all act committed within the
Philippine territory are punished by our Criminal Law or in territorial application,
criminal law can only be enforced within:
a. The Philippine archipelago, including its atmosphere, interior waters and
maritime zone. This means that the crime must be committed within the territory
of the country for criminal law to be applicable. The maritime zone as earlier
accepted in international law was three (3) geographical miles from the shore.
Under the Convention of the Law of the Sea however, the territorial sea extends
to twelve (12) nautical miles, outward from the shore of the country.
b. On ship or airship registered or licensed in the Philippines which are considered
as extensions of the Philippine territory.

2. EXTRA-TERRITORIAL- It refers to the application of the Revised Penal Code outside

the Philippine territory. This covers act committed outside the above-defined territory.
This is provided in Art.2 of Revised Penal Code.

C. EXCEPTION TO THE TERRITORIAL APPLICATION OF CRIMINAL LAW:

 Article 2 of the RPC provides that its provisions shall be enforced outside of the
jurisdiction of the Philippines against those who: Should commit an offense while on a
Philippine ship or airship;
1. The ship or airship must be within the Philippine territorial jurisdiction of another
country;
2. The ship or airship must be registered in the Philippines.

D. PHILIPPINE SHIP OR AIRSHIP - It is one registered in the Philippine or under

Philippine laws.

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.

NOTA BENE: RA 9372 provides additional exceptions to the territorial

application of penal law. Subject to the provision of an existing treaty of which
the Philippines is a signatory and to any contrary provision of any law of
preferential application, the provisions of this act shall apply:
a. To individual persons who commits any of the crimes defined and
punished in this act within the terrestrial domain, interior waters,
maritime zone, and air space of the Philippines;
b. To individual persons who, although physically outside the territorial
limits of the Philippines, commits conspire or plot to commit any of the
crimes defined and punished in this act inside the territorial limits of
the Philippines;
c. To individual person who, although physically outside the territorial
limits of the Philippines, commit any of the said crimes on board
Philippine ship or Philippine airship;
d. To individual persons who commit any of the said crimes within any
embassy, consulate, or diplomatic premises belonging to or occupied by
the Philippine government in an official capacity;
e. To an individual persons who although physically outside the territorial
limits of the Philippines, commit said crimes against Philippines citizens
or persons of Philippines descent, where their citizenship or ethnicity
was a factor in the commission of the crime; and
f. To individual persons who, although physically outside the territorial
limits of the Philippine government commit the said crimes directly
 against the Philippines government. (Sec. 58, Extraterritorial
application of RA 9372, the human security act of 2007. An act to secure
the State and protect our people from terrorism)

When public officers or employees commit an offense in the exercise of their

functions

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.

B. BUT THIS EXCEPTION HAS NO APPLICATION:

1. Where the new law is expressly made inapplicable to pending actions or existing
causes of actions.
2. Where the offender is a habitual criminal under Rule 5, Article 62 of the Revised
Penal Code.

NOTA BENE:
This characteristic of Criminal Law is also known as IRRETROSPECTIVITY of
Criminal Law.

DIFFERENT PHILOSOPHIES UNDERLYING THE CRIMINAL LAW SYSTEM

A. Classical or Juristic Philosophy

Best remembered by the maxim “An eye for an eye, a tooth for a tooth.” [Note: If you
want to impress the examiner, use the latin version – Oculo pro oculo, dente pro dente.] The
offender is made to suffer for the wrong he has done. The law does not look into why the
 offender committed the crime. Capital punishment is a product of this kind of this school of
thought.The following are the characteristics of the Classical Theory:
1. The basis of criminal liability is human free will and the purpose of the penalty is
retribution.
2. That man is essentially a moral creature with an absolutely free will who understands
right from wrong and choose between good and evil. So that when he commits a
wrong, he must be prepared to accept the punishment therefore. It thereby placing
more stress upon the effect or result of the felonious act than upon the man, the
criminal himself.
3. It has endeavored to establish a mechanical and direct proportion between crime and
penalty.
4. There is a scant regard to the human element.
5. They assert that man should only be adjudged and held accountable from wrongful
acts so long as free will appears unimpaired.

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.

B. POSITIVIST OR REALISTIC PHILOSOPHY - The purpose of penalty is

reformation. There is great respect for the human element because the offender is
regarded as socially sick who needs treatment, not punishment. Cages are like asylums,
jails like hospitals. They are there to segregate the offenders from the “good” members
of 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.

This philosophy is criticized as being too lenient

The following are the characteristics of the Positivist Philosophy:

1. Advocated by Cesare Lombroso, Enrico Ferri, and Rafaele Garofalo. The classical
method considers the offender as an abstract being, and of prefixing for him, through
a series of hard and fast rules, a great multitude of penalties with scant regard to the
human element.
2. That man is subdued occasionally by a strange and morbid phenomenon which
constrains him to do wrong, in spite of or contrary to his volition.
3. That crime is essentially a social and natural phenomenon, and as such, it cannot be
treated and checked by the application of abstract principles 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
 thorough, personal and individual investigation conducted by a competent body of
psychiatrists and social scientists.
4. The positivist principle deviates from the classical school in connection to crime and
of the criminal. The positivist holds that man is subdued occasionally by a strange
and morbid phenomenon which constrains a man to do wrong in spite of or contrary
to his volition.

C. ECLECTIC OR MIXED THEORY – This combines both positivist and classical

thinking. Crimes that are economic and social and nature should be dealt with in a
positivist manner; thus, the law is more compassionate. Heinous crimes should be dealt
with in a classical manner; thus, capital punishment.

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

The following are the characteristics of the Eclectic or Mixed Theory:

1. It is a combination of the positivist and classical theories wherein crimes that have
economic and social causes should be dealt with a modicum of compassion.
2. Ideally, the eclectic theory applies to economic and social crimes like theft (Art. 308)
and Usurpation of real rights in property (Art. 312)

THE UTILITARIAN THEORY IN CRIMINAL LAW - Also referred to as the “protective

theory” it is to the effect that the primary purpose of punishment in criminal law is the
protection of society from actual and potential wrongdoers. The courts, therefore, in exacting
retribution for the wronged society, should direct the punishment to potential or actual
wrongdoers, since criminal law is directed against acts and omissions which the society does
not approve. Consistent with this theory, the mala prohibita principle which punishes an
offense regardless of malice or criminal intent, should not be utilized to apply the full harshness
of the special law.

B. OTHER THEORIES AS TO THE ORIGIN OF CRIMINAL LAW

1. That criminal law originated from private wrong or tort
2. That criminal law originated from the national processes of unified society
3. From the development of customs, usage and tradition.
4. From conflict of interest of different social group.

C. DIFFERING VIEWS ON THE CAUSES AND CONTROLS OF CRIMINAL

BEHAVIOR

1. CONSENSUS VIEW – MOST POPULAR

- Crime reflects the values, beliefs, and opinions of society
- Law defines crime
- Agreement exists on outlawed behavior
- Laws apply to all citizens equally
NOTA BENE:
Criminal law is a social control device – it guides people into what are and
aren't appropriate behaviors
If hold consensus view of crime then what causes it? The two major lines of
thought: Free Will and Biological, psychological, and sociological causes

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

MARXIST CRIMINOLOGY , CONFLICT CRIMINOLOGY AND CRITICAL

CRIMINOLOGY claim that most relationships between State and citizen are non-consensual
and, as such, criminal law is not necessarily representative of public beliefs and wishes: it is
exercised in the interests of the ruling or dominant class. The more right wing criminologist
tends to post that there is a consensual social contract between State and citizen.
 LEARNING CHECK NO. 7
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. 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

2. It is a legislative act which inflicts punishment without judicial trial.

a. Ex post facto law c. Due process of law
b. Bill of attainder d. All of the above

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

6. It is not one of the sources of our Criminal Law.

a. Revised Penal Code c. Special Laws
b. Courts d. Executive Department

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

14. It is an exception to the General Characteristic of Criminal Laws.

a. Consul c. Commercial representative
b. Chief of State d. Senators and Congressmen

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

23. Which of the following is a crime malum in se?

a. Illegal possession of firearms d. Carnapping Law
b. Violation of BP 22 e. Dangerous Drugs Law
c. Offenses defined and punished by
the RPC.

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.

B. APPROACH TO THE EQUATOR- According to the Montesquieu (Spirits of

Laws, 1748) criminality increase in proportion as one approach the equator and
drunkenness increase as one approaches the north and South Pole.

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.

G. HUMIDITY AND ATMOSPHERIC PRESSURE- According to survey, large number of

assaults is to be found correlated with low humidity and a small number with high humidity.
It was explained that low and high humidity are both vitality and emotionally depressing to
the individual.

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

ANTHROPOLOGICAL CRIMINOLOGY OR CRIMINAL ANTHROPOLOGY

Anthropological criminology is a combination of the study of the human species and the
study of criminals. It is a field of offender profiling, based on perceived links between the nature
of a crime and the personality and physical appearance of the offender.

THEORIES OF CRIMINAL ANTHROPOLOGY

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.

THE FOLLOWING TYPES OF PHYSIOGNOMY MAY BE DISTINGUISHED:

a. ABSOLUTE PREDICTIVE PHYSIOGNOMY – a disproven concept which poses that

there are invariable 100% correlations between physical features (especially facial
features) and character traits.

b. SCIENTIFIC CORRELATION PHYSIOGNOMY-in which there are believed to be

rough statistical correlations between physical features (especially facial features)
and character traits due to a person's physical preferences that are caused by
corresponding character traits, such that gene mixing causes the correlations; this type
of physiognomy is therefore allegedly based on genetic determinism of character.
Although this form of physiognomy has generally been disproven as well, the concept has
been revived as PERSONOLOGY, which is premised on the (widely deemed
pseudoscientific) idea that different physical makeups correlate with different behaviors.
For example, an illegal drug user often has a gaunt/desperate appearance, people who
appear frail are unlikely to be demanding, and more generally, a life of smiling (or
frowning) may leave a physical mark (especially on older people).

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.

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 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.

C. STUDY OF PHYSICAL DEFECTS AND HANDICAPPED IN RELATION TO

CRIMES
Leaders of notorious criminal groups are usually nicknamed in accordance with their
physical defects and handicapped such as funny words "Dodong Pilay", "Ashiong Bingot",
"Densiong Unano", "Roger Komaang" and others. It is very common that these criminals is
known by their physical handicapped and defect which was the usually cause of irritation
during his childhood days wherever they become violent, feel inferior to others and or being
ostracized by the society. The unfavorable results therefore, could be the following:
Studies shows that person who are suffering from physical defects cause:
1. Poor social relationship and serious emotional disturbances.
2. It reduces his capacity to compete occupationally and socially;
3. It may cause the development of inferiority complex; and
4. Person suffering from defects is frequently irritated by friends resort to violent criminal
behavior.

D. STUDY OF KRETSCHMER BY CLASSIFYING TYPES OF PHYSIQUE AND TYPE

OF CRIMES
1. PYKNIC TYPE: Those who are stout and with round bodies. They tend to commit
deception, fraud and violence.
2. ATHLETIC TYPE: Those who are muscular and strong. They usually connected with
crimes of violence.
3. AESTHETIC TYPE: Those are skinny and slender. Their crimes are petty thievery and
fraud.
4. DYSPLASTIC OR MIXED TYPE: Those who are less clear evident having any
predominant type. Their offenses are against decency and morality.

E. STUDY BY WILLIAM SHELDON BY CLASSIFYING THEIR BODY TYPES

Another key Biological theory was that of William Sheldon (1942) who argued that an
individual’s body shape (somatype) was correlated with their personality. From a study of more
than 4,000 photos of student male physiques and 650 possible personality traits, Sheldon
differentiated 3 main somatypes:-
a. Mesomorphs – have well-developed muscles and an athletic appearance. They are active,
aggressive, adventurous, sometimes violent, and the most likely to commit violent crime.

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
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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."

HEREDITY – It may be a transmission of physical characteristics, mental traits, tendency to

disease etc. from parents to offspring. In genetics, the tendency manifested by an organism to
develop in the likeness of a progenitor due to the transmission of genes in the reproductive
process.

STUDY OF HEREDITY AS THE CAUSE OF CRIMES - Accordingly, heredity transmits

single traits and characteristics from parents to offspring. Criminality of the offspring is used
to determine the nature of the parents and nature of their crimes.

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

B. JUKE FAMILY TREE (Richard Dugdale&Estabrook) - The 19th-century view of

"degeneracy" (roughly synonyms with "bad heredity") led theorists to conceive of social
problems such as insanity, poverty, intemperance and criminality — as well as idiocy — as
interchangeable. This view was expounded in The Jukes: A Study in Crime, Pauperism,
Disease, and Heredity (Richard Dugdale, 1875), a study of a rural clan that -over seven
generations produced 1,200 bastards, beggars, murderers, prostitutes, thieves and
syphilitics."
The Juke family consisted of 6 girls, some of whom were illegitimate. One of the six (6)
sisters is Ada Juke – known as “Margaret” – Mother of Criminals.Dugdaletraced the
1,200 descendants for 75 years from its origin and found that:
a. 280 paupers
b. 140 criminals
c. 60 habitual thieves
d. 300 infants prematurely born
e. 7 murderers
f. 50 prostitutes
g. 440 contaminated with sexual disease
h. 30 prosecuted for bastardies
The 19th-centuryview of "degeneracy" (roughly synonymous with "bad heredity") led
theorists to conceive of social problems such as insanity, poverty, intemperance, and
criminality — as well as idiocy.

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

PSYCHOANALYTIC AND PSYCHIATRIC FACTORS

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 - Psychoanalytic – analysis of human behavior
- Psychiatric – study of human mind
The issue of human violence is also a major topic within the academic discipline of
psychology. As biosocial theorists do, psychologists focus on how individual characteristics may
interact with the social environment to produce a violent event. However, rather than focus on
the biological basis of crime, psychologists focus on how mental processes impact individual
propensities for violence. Psychologists are often interested in the association between learning,
intelligence, and personality and aggressive behaviour.

The Psychodynamic Perspective

The psychodynamic perspective is largely based on the groundbreaking ideas of Sigmund
Freud. It is sufficient to note that Freud thought:
1. that human behaviour, including violent behaviour, was the product of
“unconscious” forces operating within a person’s mind.
2. that early childhood experiences had a profound impact on adolescent
and adult behaviour.
Freud, for example, believed that conflicts that occur at various psychosexual stages of
development might impact an individual’s ability to operate normally as an adult (Bartol, 2002).
For Freud, aggression was thus a basic (idbased) human impulse that is repressed in well-
adjusted people who have experienced a normal childhood. However, if the aggressive impulse
is not controlled, or is repressed to an unusual degree, some aggression can “leak out” of the
unconscious and a person can engage in random acts of violence. Freud referred to this as
“displaced aggression” (see Englander, 2007; Bartol, 2002).

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

VARIOUS STUDIES OF THE HUMAN BEHAVIOR AND MIND IN RELATION TO THE

CAUSES OF CRIMES

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).

FOUR FACTORS HELP PRODUCE VIOLENCE:

156
 1) a stressful event or stimulus – like a threat, challenge or assault – that heightens
arousal;
2) aggressive skills or techniques learned through observing others;
3) a belief that aggression or violence will be socially rewarded (by, for example, reducing
frustration, enhancing self-esteem, providing material goods or earning the praise of
other people); and
4) a value system that condones violent acts within certain social contexts. Early empirical
tests of these four principles were promising (Bartol, 2002).

As a result, behavioural theory directly contributed to the development of social learning

theories of deviance (differential association theory, sub-cultural theory, neutralization theory,
etc.). These theories, among the most important and influential of all criminological theories,
are subject to a detailed discussion in the section of this report entitled Social Learning and
Violence.

Intelligence and Violence

Another major area of psychological inquiry involves the possible relationship between
intelligence and crime. Criminologists working in the early 20th century often argued that
intelligence is strongly associated with criminal behaviour.
 People with low intelligence, they argued, were much more likely to engage in crime
and violence than people with high intelligence were.

The Nature-Nurture Debate

 Nature theorists, argue that intelligence is genetically determined and that low IQ
directly causes violent and criminal behaviour. Therefore, nature theorists argue
that, if IQ scores are indeed lower among violent criminals, this likely reflects
differences in environmental or cultural background, not differences in biological
makeup (Rogers et al., 2000).
 Nurture theorists, argue that intelligence is determined by the quality of the social
environment – particularly during childhood – and is not a product of genetic
inheritance. Intelligence, they maintain, is largely determined by the quality of the
parental bond, the level of intellectual stimulation received during early childhood,
the nature of local peer-group relations, and the quality of neighbourhood schools.

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 THEORIES OF THE CAUSES OF CRIMES:

1. Differential Association Theory (DAT)

2. Imitation-Suggestion, Theory of Gabriel Trade
3. Differential Identification Theory by Daniel Classer
4. Conflict of Culture Theory by Thorsten Sellin
5. Differential Social Organization Theory
6. Containment Theory by Reckless

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.

CHARACTERISTIC OF A NORMAL HOME:

a. Physically complete where both natural parents are present.
b. There is social and religious similarity in the group.
c. It must be economically stable to maintain normal health.
d. Both parents must have the same cultural backgrounds.
e. There must be physical and psychological normality.
f. There must be functional adequacy.

BASIC NEEDS OF CHILDREN:

a. Security - economic and affectional security must be provided to the children. Food,
shelter, clothing and love are necessary for their existence
b. Recognition - the parents are the ones who first recognize whatever
accomplishment a child has for himself.
c. Status - this is the ticket for admission to status in other constructive group.
d. Companionship - the family with other child also is a special asset to the
development of the child. Relationship with brothers and sisters requires the child
to adjust to a more or less friendly rivalry. This experiences him well in the
more complex relationship outside the family.

KINDS OF DISORGANIZED OR BROKEN HOMES:

a. Home with criminal pattern.
b. Home in which there are unsatisfactory relations be of domination, favoritism, non-
solicitude, over-serve neglect, jealousy, step parent and interfering relatives.
c. Home socially or normally maladjusted because of difference of race, religion, or
immoral situations.
d. Home in which one parent has hysical or mental disability.
e. Home under economic pressure unemployment.

A. INJURING STATUS OF NEIGHBORHOOD - The residence is slum or impoverished

areas will lower the social status of the child. They are generally congested have more than
the average number of cheap amusement places, have few recreational facilities. As a rule,
people are influenced by these surroundings and often get in trouble.

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".

GROUP CONFLICT THEORY - Human behavior belongs to group and participate in

group against the interest of another group. One group continuously struggle to defend and
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 maintain themselves against another group. They are tike soldiers in time of war. They
behave in a manner to win in war. Group conflict develops identification and loyalty as well
as spirit-de-corpse and morale. Politics, lawmaking, law-breaking, gang behavior and crimes
is basically group conflict."

LACK OF RECREATIONAL FACILITIES FOR PROPER USE OF LEISURE TIME -

Recreational facilities are especially necessary if we are to use up youthful energy in
legitimate way. Too often, in those areas where they are most needed such things as parks,
clubs and other missing. Consequently many of our young people tend to use their energies
in mischievous, if not illegal pursuits. On the other hand, we may not have hobbies to occupy
our leisure time. As a result out time is sometimes spent in illegal ways. It is true that "an
idle mind is the devil's workshop."

C. LACK OF EMPLOYMENT/POVERTY - Lack of employment gives us too much leisure

time, lead as to crime. Although however, poverty itself is not a direct cause of crime, it is
true that it may set up demands and situations that can be satisfied only by larceny, illegal
occupation and drunkenness.

G. OTHER CRIMINOGENIC FACTORS OR CAUSES OF CRIMES

A. FAILURE OF THE SCHOOL IN CHARACTER DEVELOPMENT OF THE

CHILDREN AND THE YOUTH. The duty of the school in the character development of
children is complimentary to the home. Second to the home, the school has close contact with
children for a long period of time so that it has powerful influence in the life of the child and
has much to do with the future life and career of children.

PRIMARY FUNCTIONS OF THE SCHOOL:

1. To inculcate civic and patriotic responsibility in children.
2. As an agency social control over the more and culture of society.
3. It furnishes technical competence to children for their future employment.
4. It is a place where initial evidence can be manifested towards criminal
behavior.

RELATIONSHIP BETWEEN SCHOOL DELINQUENCY AND CRIMES:

1. Among the delinquents, there is high percentage of juvenile with poor school
adjustments.
2. A high percentage of delinquents express dislike for the school in general.
3. Truancy from school is closely related to delinquency.
4. There appears to be a higher rate of delinquency during school days than on
vacation and weekends.
5. There is a comparatively high rate of delinquency in the right - after - school -
hours.

B. THE TEACHING OF RELIGION MAY SOMETIMES BE MISDIRECTED

FROM ITS PURPOSE AND OBJECTIVES. The relevance of religion to criminality has
always been considered on how much it helps in combating delinquency. This is due mainly
to the fact that religions has always supported morality, decency, love of mankind and above
all, love of God. Delinquency and crime, therefore has not only been seen as a wrong in the
eyes of the law but likewise in the eyes of God. However, there is a little knowledge for each
one of us that religion may sometimes serves as the vehicle of crimes under these
circumstances.
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 a. When a certain religious group actively participate in partisan political activities.
b. When religion tries to inculcate matters inconsonance with accepted norm
of society.
c. When religion preaches the use of violence in the attainment of their objectives.

C. THE MASS COMMUNICATION MEDIA DEVELOP AN ARTIFICIAL

ENVIRONMENT OF CRIMES AND DELINQUENCY AND INFLUENCE THE
PUBLIC TO VIOLATE THE LAW.There is no doubt that with the perfection of the
modern technology in mass communication media, newspapers, radio motion picture, comic
books and television have been the most effective means of disseminating information to our
public in the country today. Simultaneously, the create public opinion and character and a
particular type of society that they may ultimately create on the basis of artificial
environment that media develops in the mind of the people. Media, of course has always
been conceived for the public good but sometimes they may enhance the development the
criminal behavior.

MEDIA AS A CONTRIBUTOR IN THE DEVELOPMENT OF CRIMINAL BEHAVIOR

1. NEWSPAPER IS CONSIDERED A FACTOR CRIMINALITY

a. It promotes crime by constant advertising crime.
b. It glorifies criminal leaders and consequently increases their prestige.
c. It interferes in the administration of justice by trial by newspaper" and by giving
advance information to the public.
d. It produces public panic in regard to crime preventive procedure difficult.
e. It frequently advances information to criminals regarding the plan of the police
and law enforcers.

2. MOVIES, TELEVISION AND RADIO IS A FACTOR TO CRIMINALITY

a. It displays crime technical and criminal pattern of behavior.
b. It arouses desires for easy money and luxury and suggests questionable method of
getting it.
c. It reduces the spirit of bravado and toughness.
d. It arouses intense sexual desire for sexual tender.
e. It facilitates daydreaming of criminal role.

3. COMIC BOOKS AND OTHER LITERATURE

a. Comic books sometimes fail to promote respect for law, e. g. criminals are presented
as heroes or victims of prosecution while law enforcement officer is presented as a
comic cop, a brute behind his badge, of stupid bungler.
a. Pornographic comic books and other literature are provoking abnormal interest in
sex, aggression, cruelty and deceit. They furnish rationalization for these ideas
which are more harmful ethically than the impulses they release.
b. Stories of comic books and other literature sometimes suggest profitable
opportunities for crime in certain localities.

D. POLITICAL CAUSES MAY BRING ABOUT ON ARTIFICIAL SET OR CRIME

1. There are too many laws and ordinances passed and violated.
2. The police and other law enforcement agencies are enforcing the laws carelessly and
the people are impressed with the idea that they can break the law with impunity
from punishment and arrest.
3. Leniency of the courts to impose stiffer penalties which encourage commission of
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 crimes.
4. There are certain laws that are too unpopular that even the most decent citizens are
violating it.
5. Poor prison system which fails to reform and rehabilitate prisoners and on the other
hand prisoners and learning more crime pattern inside prison.
6. Insufficient number of policemen and law enforcers to deter the people
committing crimes.

THE GIANELL INDEX TO CRIMINALITY

It is the crimino-synthesis which explains the reason why a person may commit crime or
restrain himself from doing so under the following circumstances:
1. NEED FRUSTRATION. The person before committing the crime is likely to feel angry,
aggrieved, bitter, indignant, unhappy, unsatisfied and resentful about something in
particular about life in general.
2. INTERNAL INHIBITION. It refers to all types of internal constraints which may
prevent a person from committing a crime. These forces may be the person’s conscience
or his principles or his sense of self respect or the particular conception he has of himself
or a sense of guilt or remorse that he may experience if he commit certain criminal acts.
3. EXTERNAL INHIBITIONS. This constitutes all types of external factors which may
prevent an individual from committing a crime.
4. CONTACT WITH REALITY. This refers to the extent to which a person can learn from
his past experience especially his past mistakes, as well as to the extent which he can
evaluate accurately the present situation and foresee the consequence of his present
action in relations to his future.
5. SITUATIONAL CRIME POTENTIAL. This is centered on the cultural chance and
opportunity to commit the crime.
6. POTENTIAL SATISFACTION. This refers to the balance of gain and loss that a person
may experience if he commits a given crime.

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 LEARNING CHECK NO. 8
Name: _____________________________________Score:_____/______Remark:__________________
Course/Level/Section:_________________Schedule:____________________________Date:________
ID No.: ______________________________

I- IDENTIFICATION. Give what is being ask.

______________________1. Consider as the mother of Criminals.

______________________2. He is known especially for his 1912 work “The Kallikak Family”.
______________________3.They have well-developed muscles and an athletic appearance. They
are active, aggressive, sometimes violent, and the most likely to commit violent crime.
______________________4. They have heavy built and slow moving they are known for lethargic
______________________5. They argue that intelligence is genetically determined and that low
IQ directly causes violent and criminal behaviour
______________________6. It refer to things, place and people with whom we come in contact
and which play a part in determining out actions and conduct.
______________________7. tall and thin, less social and more intellectual than the other type.
______________________8. They argue that intelligence is determined by the quality of the social
environment – particularly during childhood – and is not a product of genetic inheritance.
______________________9. Those who are less clear evident having any predominant type. Their
offenses are against decency and morality.
______________________10. Goddard invented the pseudonym Kallikak by combining a
Greek root meaning kallos and kakos. The word kallos means__________.

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.

Choices for 1-5

a. August Aichhorn d. William Healy
b. David Abrahamsen e. Walter Bromberg
c. Cyrill Burt

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

8. A theory which claims to be able to determine character, personality traits and

criminality on the basis of the shape of the head.
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9. This is the study of the relationship between the facial features and human conduct of a
person in relation to his crime.
10. It is the study of skull size, weight and shape, and physiognomy, the study of facial
features.
a. Craniometry
b. Phrenology
c. Physiognomy

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 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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