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CRIMINOLOGY (Definition)

the entire body of knowledge regarding crimes, criminals and the efforts of society to
prevent and repress them.
the scientific study of the causes of crime in relation to man and society who set and
define rules and regulations for himself and others to govern.

THE EVOLUTION OF CRIMINOLOGY

ORIGIN OF THE WORD “CRIMINOLOGY”


The word criminology is derived from the Latin word “crimen” meaning “accusation”.
The term criminology was derived from the Italian tern “criminologia” coined by
Raffaelle Garofalo, an Italian law professor, in 1885.
In 1887, Paul Topinard, a French anthropologist, used the term “criminologie”.

An American criminologist in the person of Edwin Sutherland introduced his own


definition of the term “criminology”. According to him, criminology is the entire 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 towards the breaking of the
laws.

NATURE OF CRIMINOLOGY
1.) It is an applied science. (INSTRUMENTATION)
2.) It is a social science. Crime is a social creation and it exists in a society being a
social phenomenon.
3.) It is dynamic. Criminology changes as a social condition changes. It is concomitant
with the advancement of other sciences that have been applied to it.
4.) It is nationalistic.
The study of crimes must be in relation with the existing criminal law within a territory
or country. The question as to whether an act is a crime is dependent on the criminal law of
a state.

BRANCHES OF CRIMINOLOGY
1. Criminal Etiology – is the study of the cause or origin of crime. It studies the primary
reasons for crime commission.
2. Sociology of law – attempt at scientific analysis of the condition which the penal/criminal
laws has developed as a process of formal or social control.
3. Penology – is that branch of criminology which deals with the administration and
management of jail.

SCOPE OF THE STUDY OF CRIMINOLOGY


1.) Study of the origin and development of criminal law.
2.) Study of the causes of crimes and development of criminals.
3.) Study of the different factors that enhance the development of criminal behavior, such as:
a) criminal demography – the study of the relationship between criminality and
population
b) criminal epidiomology – the study of the relationship between environment
and criminality
c) criminal ecology – the study of criminality in relation to the spatial
distribution in community
d) criminal physical anthropology – the study of criminality in relation to
physical constitution of men
e) criminal psychology – the study of human behavior in relation to criminality
f) criminal psychiatry – the study of human mind in relation to criminality
g) victimology – the study of the role of the victim in the commission of a crime

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Sociology – it is the study of human society, its origin, structure, functions and direction

Criminological research – study of the crime correlated to with antecedent variables, state
of crime trend.

CRIME
-an act or omission in violation of a public law forbidding or commanding it.

SUB-CLASSIFICATION OF CRIMES

Felony Offense Infraction of Law


RPC SPECIAL LAW ORDINANCE

CLASSES OF CRIMES
1. Crime Mala in Se (BAD IN ITSELF) – acts that are outlawed because they violate basic
moral values such as rape, murder, assault and robbery.
a. Intentional felony (IFI)
b. Non-intentional felony (IFN)
2. Crime Mala Prohibita – acts that are outlawed because they clash with current norms
and public opinion, such as tax, traffic and drug laws.

ELEMENTS OF A FELONY
Intentional Non-intentional
Dolo/Deceit Culpa/Fault
Intelligence Intelligence
Freedom Freedom
Intent Negligence/Imprudence

LEGAL CLASSIFICATION OF CRIMES


1) as to the manner crimes are committed:
a) by means of dolo or deceit
b) by means of culpa or fault
2) as to the stages in the commission of crimes:
a) consummated crime – when all the elements necessary for its execution and
accomplishment are present.
b) frustrated crime – when the offender has performed all the acts of execution
which will produce the felony as a consequence but which nevertheless do not
produce it, by reason of causes independent of the will of the perpetrator.
c) attempted crime – when the offender commences the commission of a crime
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.
3) according to plurality:
a) simple crime – single act constituting only one offense
b) complex crime – single act constituting two or more grave felonies or an is a
necessary means for committing the other
4) according to gravity:
a) grave felonies – those to which the law attaches the capital punishment or
afflictive
penalties
b) less grave felonies – those to which the law attaches correccional penalties

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c) light felonies – those to which the law attaches the penalty of arresto menor or a
fine not exceeding P200.00

CRIMINOLOGICAL CLASSIFICATION OF CRIMES


1) According to the result of the crime:
a) acquisitive crime – the offender acquires something
b) extinctive crime – the consequence of the act is destructive
2) According to the time or period of the commission of the crime:
a) seasonal crime – committed only during a certain period of the year
b) situational crime – committed only when the situation is conducive to its
commission
3) According to the length of time of the commission of the crime:
a) instant crime – committed in the shortest possible time
b) episoidal crime – committed by a series of acts in a lengthy space of time
4) According to the place or location:
a) static crime – committed in only one place
b) continuing crime – committed in several places
5) According to the use of mental faculties:
a) rational crime – committed with intent and the offender is in full possession of
his sanity
b) irrational crime – committed by an offender who does not know the nature and
quality of his act on account of the disease of the mind
6) According to the type of offender:
a) white-collar crime – committed by a person belonging to the upper socio-
economic class in the course of his occupational activities
b) blue-collar crime – committed by ordinary professional criminal to maintain his
livelihood

OTHER TYPES OF CRIMES


Bias crimes = violent acts directed toward a particular person or members of a
group merely because the targets share a discernible racial, ethnic, religious or gender
characteristics. Also called hate crimes.
Cleared crimes = two ways by which crimes are cleared: (1) when at least one
person is arrested, charged, and turned over to the court for prosecution, (2) by exception
means, when some element beyond police control precludes the physical arrest of an
offender e.g. when he/she leaves the country.
Corporate crimes = white collar crime involving a legal violation by corporate entity,
such as price fixing, restraint of trade, or hazardous waste dumping.
Crime of reduction = crimes that are committed when the offended party
experiences a loss of some quality relative to his her present standing such as when they
become victims of robbery or theft, but they may also be victimized if their dignity is stripped
from them when they are taunted by racists.
Crimes of repression = crimes that are committed when members of a group are
prevented from achieving their fullest potential because of racism, sexism, or some status
bias.
Cybercrime = the commission of criminal acts using the instruments of modern
technology such as computers or the internet.
Economic crime = an act in violation of the criminal law that is designed to bring
financial into the offender.
Enterprise crime = the use of illegal tactics by a business to make profit in the
market
Expressive crime = a crime that has no purpose except to accomplish the behavior
at hand such as shooting someone.
Hate crimes = acts of violence or intimidation designed to terrorize or frighten people
considered undesirable because of their race, religion, ethnic origin, or sexual orientation.

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Inchoate crimes = incomplete or contemplated such as criminal solicitation or
criminal attempts.
Mission hate crimes = violent crimes committed by disturbed individuals who see it
as their duty to rid the world of evil.
Organizational crimes = crimes that involves large corporations and their efforts to
control the market place and earn huge profits through unlawful bidding, unfair advertising,
monopolistic practices, or other illegal means.
Organized crimes = illegal activities of people and organizations whose
acknowledged purpose is profit through illegitimate business enterprise.
Public Order crimes = acts that are considered illegal because they threaten
general well-being of society and challenge its accepted moral principles. Prostitution, drug
use, and the sale of pornography are considered public order crimes.
Reactive hate crime = perpetrators believe they are taking a defensive stand
against outsiders who they believe threaten their community or way of life.
Retaliatory hate crime = offense committed in response to a hate crime, real or
perceived.
Statutory crimes = crimes defined by legislative bodies in response to changing
social conditions, public opinion, and custom.
Trill-seeking hate crime = hatemongers who join forces to have fun by bashing
minorities or destroying property; inflicting pain on others give a sadistic thrill.
Victimless crimes = crimes that violate the moral order but in which there is no
actual victim or target. In these crimes which include drug abuse and sex offenses, it is
society as a whole and not an individual who is considered the victim.
White-collar crimes = illegal acts that capitalize on a person's status in the market
place. It may involve theft, embezzlement, fraud, market manipulation, restraint of trade, and
false advertising.

OTHER TERMS REFERRING TO CRIMES


I. Crime of Rape
a. acquaintance rape = forcible sex in which offender and the victim are acquainted
with one another.
b. aggravated rape = rape involving multiple offenders, weapons and victim injuries.
c. date rape = forcible sex during the courting relationship.
d. gang rape = forcible sex involving multiple attacker
e. marital rape = forcible sex between people who are legally married to each other.
f. serial rape =multiple rapes committed by one person over time
g. statutory rape = sexual relations between an underage minor female and an adult
male.

II. Crime of killing


a. Homicide = the killing of human being by another.
b. Parricide = the act of killing one's own father, mother, spouse or child.
c. Infanticide = killing of an infant less than 3 days old or 72 hours.
d. Sororicide = killing one's own sister.
e. Fratricide = killing of one's own brother
f. Matricide = killing of a mother by her own child.
g. Patricide = killing of a father by his own child.
h. Uxoricide = act of one who murders his wife.
i. Eldercide = the murder of a senior citizen.
j. Abortion (aborticide) = an act of destroying (killing) a fetus in the womb.
k. Suicide = taking one's own life voluntarily and intentionally.
l. Regicide = the killing or murder or a king.
m. Vaticide - the killing of a prophet.
n. Euthanasia = mercy killing or the act or practice of painlessly putting to death a
person suffering from incurable and distressing disease.

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o. Involuntary manslaughter = a homicide that occurs as a result of acts that are
negligent and without regard for the harm they may cause others, such as driving
while under the influence of liquor or drugs. (Also known as negligent manslaughter)
p. Voluntary manslaughter = a homicide committed in the heat of passion or during a
sudden quarrel; although intent may be present, malice is not.
q. Mass murder = the killing of a large number of people in a single incident by who
typically does not seek concealment or escape.
r. Murder = the unlawful killing of a human being with malicious intent.
s. Serial murder = the killing of a large number of people over time by an offender who
seeks to escape detection.

III. Crimes against Property


a. Acquaintance robbery = robbery who focus their thefts on people they know.
b. Arson = the intentional or negligent burning of a home, structure, or vehicle for
criminal purposes such as profit, revenge, fraud, or crime concealment.
c. Arson for profit = people looking to collect insurance money, but who are afraid or
unafraid to set the fire themselves, hire professional arsonist.
d. Arson fraud = a business owner burns his or her property, or hires someone to do it,
to escape financial problems.
e. Burglary = breaking into and entering a home or structure for the purpose of
committing a felony.
f. Carjacking = theft of a car by force or threat of force.
g. Churning = a white collar crime in which a stockbroker makes repeated trades to
fraudulently increase his/her commission.
h. Commercial theft = business theft that is part of the criminal law; without such laws
the free enterprise system could not exists.
i. Grand Larceny = theft of money or property of substantial values, punished as a
felony.
j. Larceny = taking for one's own use the property of another, by means other than
force or threats on the victim or forcibly breaking into a person's home or workplace;
theft.
k. Petit (petty) larceny = theft of a small amount of money or property, punished as a
misdemeanor.
l. Pilferage = theft by employees through stealth or deception.
m. Robbery = taking or attempting to take something of value by force or threat of force
and/or by putting the victim in fear.
n. Shoplifting = the taking of goods from retail store.

CRIMINAL
 in the legal sense, a criminal is any person who has been found to have committed a
wrongful act in the course of the standard judicial process; there must be a final
verdict of his guilt.
 in the criminological sense, a person is already considered a criminal the moment
he committed a crime.

GENERAL CLASSIFICATION OF CRIMINALS


1) On the basis of etiology:
a) acute criminals – persons who violate criminal law because of the impulse of the
moment, fit of passion or anger.
b) chronic criminals – persons who acted in consonance with deliberated thinking,
such as:.
b.1) neurotic criminals – persons whose actions arise from the intra-psychic conflict
between the social and anti-social components of his personality.
b.2) normal criminals – persons whose psychic organization resembles that of a
normal individual except that he identifies himself with criminal prototype.

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2) On the basis of behavioral system:
a) ordinary criminals – the lowest form of criminal career, they engage only in
conventional career, they engage only in conventional crimes which require limited
skill.
b) organized criminals – these criminals have a high degree of organization that
enables them to commit crimes without being detected and committed to specialized
activities which can be operated in large scale businesses.
c) professional criminals – these are highly skilled and able to obtain considerable
amount of money without being detected because of organization and contact with
other professional criminals.
3) On the basis of activities:
a) professional criminals – those who earn their living through criminal activities
b) accidental criminals - those who commit criminal acts as a result of unanticipated
circumstances.
c) habitual criminals – those who continue to commit criminal acts for such diverse
reasons due to deficiency of intelligence and lack of control.
d) situational criminals – those who are actually not criminals but get in trouble with
legal
authorities because they commit crimes intermixed with legitimate economic activities.

Other Criminal Types


Career criminals = a person who repeatedly violates law and organizes his or her
neighbors,
Professional criminals = offenders who make a significant portion of their income
for crime.
Professional fence = an individual who earns his or her living solely by buying and
retailing stolen merchandise.
Reasoning criminal = According to the rational choice approach, law-violating
behavior occurs when an offender decides to risk breaking the law after considering both
personal factors such as need for money, revenge, thrills and entertainment and situational
factors such as how well a target is protected and the efficiency of the local police force.

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