Human Behavior and Victimology
Human Behavior and Victimology
BEHAVIOR
AND
VICTIMOLOGY
OVERVIEW ON HUMAN DEVELOPMENT
Behavior- Refers to the action of an organism or system, usually in relation to its
environment, which include the other organism or system around as well as the
physical environment.
Human behavior- Is a range of actions and mannerisms exhibited by humans in
conjunction with their environment, responding to various stimuli or inputs,
whether internal or external conscious or subconscious, overt or covert and
voluntary or involuntary.
Human behavior is influenced by many factors, including:
Attitudes Culture Ethics Authority
Emotions Motivation Coercion Beliefs
Reasoning Values Religion Rapport
Persuasion Genetics
OVERVIEW ON HUMAN DEVELOPMENT
Human Development- Is the process of a persons growth and maturation throughout their
lifespan, concerned with the creation of an environment where people are able to develop
their potential, while leading productive and creative lives in accordance with their interest
and needs.
Development is about the expansion of choices people have in order to lead lives they value.
Four (4) pillars of human development:
1. Equity-Is the idea that every person has the right to an education & health care, that there
must be fairness to all.
2. Sustainability – A view that every person has the right to earn a living that can sustain
him/her, while everyone has the right to access to goods, more evenly distributed among
population.
3. Production-an idea that people need more efficient social programs to be provided by
Government.
4. Empowerment- A view that people who are powerless, such as women (youth) to be given
power.
• Freud believed that the nature of the
conflicts among the id, ego, and superego
change over time as a person grows from
child to adult. Specifically, he maintained
that these conflicts progress through a
series of five basic stages, each with a
different focus: oral, anal, phallic, latency,
and genital.
• According to Freud, our personality
develops from a conflict between two
forces: our biological aggressive and
pleasure-seeking drives versus our internal
(socialized) control over these drives. Our
personality is the result of our efforts to
balance these two competing forces.
Theories of Child (Human) Development
A. Personality Theory
I> Psychoanalytic theory by Sigmund Freud
The structure of personality is made up of three (3) major system: the id, the ego
and the super ego. Behavior is always the product of an inter action among these
three system; rarely does one system operate to the exclusion of the other two.
Level of awareness or topographical model by FREUD
Individual traits- These are personality traits that define a persons unique
individual Qualities.
Cardinal traits- These personality traits are so basics that all persons
activities relate to these. It is a powerful and dominating behaviour
predisposition That provides the pivotal point in a persons entire life.
Very few have this.
Central traits- These are the core traits that characterize an individuals
Personality. Central traits are the major characteristics of our personalities
That are quite generalized and enduring. They form the building blocks
of our personality.
• August Aichorn- In his book “wayward youth” (1925) said that the cause of the crime
and delinquency is the faulty development of the child during the first few years of
his life.
• The child as a human being normally follows only his pleasure impulse instinctive.
• As child grows up, and find some restriction to these pleasure impulses which he
must control, otherwise, he suffer from faulty ego development and become
delinquent. Aichorn concluded that many of the offenders with whom he had work
has under developed consciences, thus he identified two (2) categories:
1. Those with fully developed consciences but identified with their criminal parents.
2. Those who had been allowed to do whatever they like by over indulgent parents.
PSYCHOLOGICAL RESEARCHES ON CRIME AND DELINQUENCY
Cyril Burt- His book entitled “ Young & Delinquent in (1925) fashioned the theory of General
emotionality, according to him many offenses at can be traced to either in excess or
deficiency of a particular instinct which accounts 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.
William Healy - his book entitled “Individual Delinquency” in 1916 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 behaviour, that is crime delinquency of the
individual.
• Healy and Bonner in 1936 conducted study of 105 pairs of brothers where one is a persistent
offender and the other a non offender . It was found that only 19 of the offenders and 30 of
the non offenders had experience a good quality family conditions.
• These findings suggested that circumstances within a household maybe favourable for one
child but not the sibling. It then proposed that the latter had not made an emotional
attachment to good parent, hence impeding the development of superego
Walter Bromberg- In his book entitled “Crime and the Mind” printed in 1946
mentioned that criminality is the result of emotional immaturity. A person is
emotionally matured if he has learned to control his emotion effectively and who lives
at peace with himself and harmony with the standard of conduct which are
acceptable to society. An emotionally immature person rebel against rules and
regulations, engage in usual activities and experiences a feeling of guilt due to
inferiority complex.
Psychosocial theory of development by Erik Erikson
Eriksson was best known for his theory on social development of human beings, and
for coining the phrase ”Identity Crisis” the theory describes eight (8) stages through
which a healthy developing human should pass from infancy to late adulthood. each
stage the person confronts, and hopefully master, new challenges.
Each stage builds on the successful completion of earlier stages. The challenges of
stages not successfully completed may be expected to reappear as problems in the
future.
Jean Piaget theory of cognitive development suggest that children move through 4 different stages of
mental development. His theory focuses not only on understanding how children acquire knowledge, but
also on understanding the nature of intelligence.
Piaget believe that children take an active role in the learning process, acting much like Scientist, make
observation and learn about the world. As kids interact with the world around them they continually add
new knowledge, build upon existing knowledge and adapt Previously held ideas to accommodate new
information.
LEVEL OF AWARENESSOR TOPOGRAPHICAL MODEL (By Sigmund Freud)
Individual traits- These are personality traits that define a persons unique
individual Qualities.
Cardinal traits- These personality traits are so basics that all persons
activities relate to these. It is a powerful and dominating behaviour
predisposition That provides the pivotal point in a persons entire life.
Very few have this.
Central traits- These are the core traits that characterize an individuals
Personality. Central traits are the major characteristics of our personalities
That are quite generalized and enduring. They form the building blocks
of our personality.
• August Aichorn- In his book “wayward youth” (1925) said that the cause of the crime
and delinquency is the faulty development of the child during the first few years of
his life.
• The child as a human being normally follows only his pleasure impulse instinctive.
• As child grows up, and find some restriction to these pleasure impulses which he
must control, otherwise, he suffer from faulty ego development and become
delinquent. Aichorn concluded that many of the offenders with whom he had work
has under developed consciences, thus he identified two (2) categories:
1. Those with fully developed consciences but identified with their criminal parents.
2. Those who had been allowed to do whatever they like by over indulgent parents.
Proverbs 13:24
"Those who spare the rod of discipline hate their children.
Those who love their children care enough to discipline them."
Love your children don't forget to discipline them.
PSYCHOLOGICAL RESEARCHES ON CRIME AND DELINQUENCY
Cyril Burt- His book entitled “ Young & Delinquent in (1925) fashioned the theory of General
emotionality, according to him many offenses at can be traced to either in excess or
deficiency of a particular instinct which accounts 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.
William Healy - his book entitled “Individual Delinquency” in 1916 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 behaviour, that is crime delinquency of the
individual.
• Healy and Bonner in 1936 conducted study of 105 pairs of brothers where one is a persistent
offender and the other a non offender . It was found that only 19 of the offenders and 30 of
the non offenders had experience a good quality family conditions.
• These findings suggested that circumstances within a household maybe favourable for one
child but not the sibling. It then proposed that the latter had not made an emotional
attachment to good parent, hence impeding the development of superego
Walter Bromberg- In his book entitled “Crime and the Mind” printed in 1946
mentioned that criminality is the result of emotional immaturity. A person is
emotionally matured if he has learned to control his emotion effectively and who lives
at peace with himself and harmony with the standard of conduct which are
acceptable to society. An emotionally immature person rebel against rules and
regulations, engage in usual activities and experiences a feeling of guilt due to
inferiority complex.
Psychosocial theory of development by Erik Erikson
Eriksson was best known for his theory on social development of human beings, and for
coining the phrase ”Identity Crisis” the theory describes eight (8) stages through which
a healthy developing human should pass from infancy to late adulthood. each stage
the person confronts, and hopefully master, new challenges.
Each stage builds on the successful completion of earlier stages. The challenges of
stages not successfully completed may be expected to reappear as problems in the
future.
Erikson stages of human development
2. Cognitive Model. The cognitive approach assumes that a person’s thoughts
are responsible for their behavior. The model deals with how information is
processed in the brain and the impact of this on behavior. The basic
assumptions are:
a. Maladaptive behavior is caused by faulty and irrational cognitions.
b. It is the way you think about a problem, rather than the problem itself it
causes mental disorder.
c. Individuals can overcome mental disorders by learning to use more
appropriate cognitions.
d. The individual is an active processor of information. How a person, perceives,
anticipates and evaluates events rather than the events themselves, which
will have an impact on behavior. This is generally believed to be an automatic
process; in other words, we do not really think about it.
3. Medical or Biological Model. The medical model of psychopathology
believes that disorders have an organic or physical causes. The focus of
this approach is on genetics, neurotransmitters, neurophysiology,
neuroanatomical, biochemistry etc.
The approach argues that mental disorders are related to the physical
structure and functioning of the brain. For example, differences in brain
structure (abnormalities in the frontal and pre-frontal cortex, enlarged
ventricles) have been identified in people with schizophrenia.
4. Psychodynamic Model. As mentioned earlier, the main assumptions include Freud’s belief that
abnormality came from the psychological causes rather that the physical causes, that unresolved conflicts
between the id, ego and superego can all contribute to abnormality, for example:
a. Weak ego. Well-adjusted people have a strong ego to cope with the demands of both the id and the
superego by allowing each to express itself at appropriate times. If, however, the ego is weakened, then
either the id or the superego, whichever is stronger, may dominate the personality.
b. Unchecked Id Impulses. If id impulses are unchecked, they may be expressed in self-destructive and
immoral behavior, this may lead to disorders such as conduct disorders in childhood and psychopathic
[dangerously abnormal] behavior in adulthood.
c. Too Powerful Superego. A superego that is too powerful, and therefore too harsh and inflexible in its
moral values, will restrict the id to such an extent that the person will be deprived of even socially
acceptable pleasures. According to Freud this would create neurosis, which could be expressed in the
symptoms of anxiety disorders, such as phobia and obsessions.
Freud also believed that early childhood experiences and unconscious motivation were responsible for
disorders.
Identification of Abnormal Behavior
1. Deviation from Statistical Norm. The word abnormal means away from
the norm. Many population facts are measured such as height, weight
and intelligence. Most of the people fall within the middle range of
intelligence, but a few are abnormally stupid. But according to this
definition, a person who is extremely intelligent should be classified as
abnormal. Examples are:
a. Intelligence. It is statistically abnormal for a person to get a score about
145 on an IQ test or to get a score below 55, but only the lowest score is
considered abnormal.
b. Anxiety. A person who is anxious all the time or has a high level of
anxiety and someone who almost never feels anxiety are all considered
to be a normal.
2.Deviation from Social Norm. Every culture has certain standards for acceptable
behavior; behavior that deviates from the standard is considered to be abnormal
behavior. But those standards can change with time and vary from one society to
another.
3. Maladaptive Behavior. This third criterion is how the behavior affects the well-
being of the individual and/or social group. A man who attempts suicide or a
paranoid individual who tries to assassinate national leaders are illustrations under
this criterion. The two aspects of maladaptive behavior are:
a. Maladaptive to One’s self. It refers to the inability of a person to reach goals or
to adapt the demands of life.
b. Maladaptive to Society. It refers to a person’s obstruction or disruption to
social group functioning.
4. Personal Distress. The fourth criterion considers abnormality in terms of the
individual’s subjective feelings, personal distress, rather than his behavior. Most
people commonly diagnosed as ‘mentally ill’ feel miserable, anxious, depressed
and many suffer from insomnia.
5. Failure to Function Adequately. Under this definition, a person is
considered abnormal if they are unable to cope with the demands of
everyday life. They may be unable to perform the behaviors necessary for
day-to-day living e.g. self-care, hold down a job, interact meaningfully with
others, make themselves understood etc. The following characteristics that
define failure to function adequately:
a. suffering,
b. maladaptiveness (dangerous to self),
c. vividness and unconventionality (stand out),
d. unpredictably and loss control,
e. irrationality/incomprehensibility,
f. causes observer discomfort, and
g. violates moral/social standards
5. Failure to Function Adequately. Under this definition, a person is
considered abnormal if they are unable to cope with the demands of
everyday life. They may be unable to perform the behaviors necessary for
day-to-day living e.g. self-care, hold down a job, interact meaningfully with
others, make themselves understood etc. The following characteristics that
define failure to function adequately:
a. suffering,
b. maladaptiveness (dangerous to self),
c. vividness and unconventionality (stand out),
d. unpredictably and loss control,
e. irrationality/incomprehensibility,
f. causes observer discomfort, and
g. violates moral/social standards
6. Deviation from Ideal Mental Health. Under this definition, rather than defining what is
abnormal, we define what is normal/ideal and anything that deviates from this is
regarded as abnormal. This requires us to decide on the characteristics we consider
necessary to mental health. The six criteria by which mental health could be measured
are as follows:
a. positive view of the self,
b. capability for growth and development,
c. autonomy and independence,
d. accurate perception of reality,
e. positive friendships and relationships, and
f. environmental mastery (able to meet the varying demands of day-to-day situations).
According to this approach, the more of these criteria are satisfied, the healthier
the individual is.
Symptoms of Abnormal Behavior
1. Long Periods of Discomfort. This could be anything as simple as worrying about a calculus test or
grieving the death of a loved one. This distress is related to a real, related, or threatened event
and passes with time. When such distressing feelings, however, persist for an extended period of
time and seem to be unrelated to events surrounding the person, they would be considered
abnormal and could suggest a psychological disorder.
2. Impaired Functioning. Here, a distinction must be made between simply a passing period of
inefficiency and prolonged inefficiency which seems unexplainable. For instance, a very brilliant
person consistently fails in his classes or someone who constantly changes his jobs for no
apparent reason.
3. Bizarre Behavior. Bizarre behavior that has no rational basis seems to indicate that the individual
id confused. The psychoses frequently result in hallucinations (baseless sensory perceptions) or
delusions (beliefs which are patently false et held as true by the individual).
4. Disruptive Behavior. Disruptive behavior means impulsive, apparently uncontrollable behavior
that disrupts the lives of others or deprives them of their human rights on a regular basis. This
type of behaviour is characteristic of a severe psychological disorder. An example, of this is the
antisocial personality disorder.
Lesson 3: Mental Disorder
What is Mental Disorder? Mental Disorder refers to the significant impairment in psychological
functioning.
A mental disorder, also called a mental illness or psychiatric disorder, is a behavioral or mental
pattern that causes significant distress or impairment of personal function.
According to Diagnostic and Statistical Manual of Mental Disorders (DSM) –IV, a mental disorder is
psychological syndrome or pattern which is associated with distress (e.g. via a painful symptom),
disability (impairment in one or more important areas of functioning), increased risk of death, or
causes a significant loss of autonomy; however it excludes normal responses such as grief from loss
of a loved one, and also excludes deviant behavior for political, religious, or societal reasons not
arising from a dysfunction in the individual.
In 2013, the American Psychiatric Association (APA) redefined mental disorders in the DSM-5 as
“syndrome characterized by clinically significant disturbance in an individual’s cognition, emotion
regulation, or behavior that reflects a dysfunction in the psychological, biological, or developmental
processes underlying mental functioning.
What is Diagnostic and Statistical Manual of Mental Disorders?
It is better known as the DSM-IV, the manual is published by the APA and
covers all mental health disorders for both children and adults. It also lists
known causes of these disorders, statistics in terms of gender, age at onset,
and prognosis as well as some research concerning the optimal treatment
approaches. Mental Health Professionals use this manual when working
with patients in order to better understand their illness and potential
treatment and to help 3rd party payers (e.g. insurance) understand the
needs of the patient. The book is typically considered the ‘bible’ for any
professional who makes psychiatric diagnoses in the United States and
many other countries. Much of the diagnostic information on these pages
is gathered from the DSM IV. equivocal
What is American Psychiatric Association (APA)?
It is a medical specialty society with over 35,000 US and international
member physicians who “work together to ensure humane care and
effective treatment for all persons with mental disorder, including mental
retardation and substance-related disorders. It is the voice and conscience
of modern psychiatry. Its vision is a society that has available, accessible
quality psychiatric diagnosis and treatment.” APA is the oldest national
medical specialty society in the US.
Relationship between Mental Disorder and Crime
The relationship between mental disorder and crime is an issue of significant empirical
complexity. It has been subject of extensive research, using both cross-sectional and longitudinal
designs and including samples of the general population, birth cohorts, psychiatric patients, and
incarcerated offenders. Nevertheless, findings have been equivocal. On the other hand, the
following are several results of studies that have found a relationship between mental disorder
and crime:
1. The risk of criminal behavior was significantly higher among subjects with mental disorders,
regardless of the socioeconomic status of the childhood family. In particular, the higher risk
for violent behavior was associated with alcohol-induced psychoses and with schizophrenia
with coexisting substance abuse.
2. A review on the five epidemiology investigations of post-Second World War birth cohorts,
came to the conclusion that persons who develop major mental disorders are at increased risk
across the lifespan of committing crimes. However, this increased risk may be limited to
generations of persons with major mental disorders born in the late 1940s, 1950s and 1960s,
as they do not have received appropriate mental health care.
3. After examining data from national hospital and crime registers in Sweden,
researchers found that the overall population-attributable risk fraction of patient
was 5%, indicating that patients with severe mental disorder commit one in 20
violent crimes.
Maternal infections and such illnesses as glandular disorders, rubella, toxoplasmosis, and
cytomegalovirus (CMV) infection may cause mental retardation. When the mother has
high blood pressure (hypertension) or blood poisoning (toxemia), the flow of oxygen to
the fetus may be reduced, causing brain damage and mental retardation.
Birth defects that cause physical deformities of the head, brain, and central nervous
system frequently cause mental retardation.
Neural tube defect, for example, is a birth defect in which the neural tube that forms the
spinal cord does not close completely. This defect may cause children to develop an
accumulation of cerebrospinal fluid inside the skull (hydrocephalus). Hydrocephalus can
cause learning impairment by putting pressure on the brain.
2. Childhood Illnesses and Injuries. Hyperthyroidism, whooping cough, chickenpox,
measles, and Hib disease (a bacterial infection) may cause mental retardation if they
are not treated adequately. An infection of the membrane covering the brain
(meningitis) or an inflammatory of the brain itself (encephalitis) can cause swelling
that in turn may cause brain damage and mental retardation. Traumatic brain injury
caused by a blow to the head or by violent shaking of the upper body may also
cause brain damage and mental retardation in children.
3. Environmental Factors. Ignored or neglected infants who are not provided with
the mental and physical stimulation required for normal development may suffer
irreversible learning impairment. Children who live in poverty and suffer from
malnutrition, unhealthy living conditions, abuse, and improper or inadequate
medical care are at a higher risk. Exposure to lead or mercury can also cause mental
retardation. Many children have developed lead poisoning from eating the flaking
lead-based paint often found in older buildings.
Intelligence Test for Learning Abilities and Intellectual Functioning
1. Stanford-Binet Intelligence Scale
2. Wechsler Intelligence Scales
3. Wechsler Preschool and Primary Scale of Intelligence
4. Kaufman Assessment Battery for Children
Prevention of Mental Retardation
Immunization against disease such as measles and Hib prevent many of the illnesses that can
cause mental retardation. In addition, all children should undergo routine developmental
screening as part of their pediatric care. Screening is particularly critical for those children who
may be neglected or undernourished or may live in disease-producing conditions. Newborn
screening and immediate treatment for PKU and hyperthyroidism can usually catch these
disorders early enough to prevent retardation.
Good prenatal care can also help prevent retardation. Pregnant women should be educated
about the risks of alcohol consumption and the need to maintain good nutrition during
pregnancy. Such tests as amniocentesis and ultrasonography can determine whether a fetus is
developing normally in the womb.
Lesson 4: Criminal Behavior and Intelligence
What is Criminal Behavior?
Criminal Behavior refers to a behavior which is criminal in nature; a behavior which
violates a law. Thus, the moment a person violates the law, he has already
committed [exhibited] criminal behavior. Criminal behavior refers to conduct of an
offender that leads to and including the commission of an unlawful act.
According to Goldoozian, for human behavior to be considered a crime, three
elements are necessary to be present:
1. Legally, the criminal act should be prohibited by law.
2. Materially, the criminal act should be executed or realized.
3. Spiritually, the criminal act should be accompanied by criminal intention or guilt.
Origins of Criminal Behavior: Criminological Perspective
1. Biological Factor. Heredity is a factor implies that criminal acts are unavoidable, inevitable
consequences of the bad seed or bad blood. It emphasizes genetic predisposition toward
antisocial and criminal conduct as evidenced by some studies and theories such as: Born
Criminal (Cesare Lombrose), Physique and Somatotype (Ernst Kretschmer & William Sheldon),
and Juke and Kallikak (Richard Dugdale & Henry Goddard).
2. Personality Disorder Factor. Personality disorder factor refers to an act that exhibits a
pervasive pattern of disregard for and violation of the rights of others that begins in childhood
or early adolescence and continues into adulthood such as Anti-Social Personality Disorder.
3. Humanistic Factor. It identifies personal responsibility and feelings of self-acceptance as the
key causes of differences in personality. This perspective focuses on how humans have evolved
and adapted behaviors required for survival against various environmental pressures over the
long course of evolution.
4. Behavioral or Social Learning Factor. As mentioned above, behavioral/social learning
approach explains consistent behavior patterns as the rest of conditioning and expectations.
This emphasizes the role of environmental in shaping behavior.
What is Behavioral Personality Theory?
It is a model of personality that emphasizes the learning and observable behavior.
What is Social Learning Theory?
It is an explanation of personality that combines learning principles, cognition, and the effects of social
relationships.
What is Self-reinforcement?
This is the praising or rewarding oneself for having made a particular response
What is Identification?
It is a feeling from which one is emotionally connected to a person and a way of seeing oneself as
himself or herself. The child admires adults who love and care for him or her and this encourages
imitation.
Specifically, the following are some criminological learning theories under the behavioral or social
learning factor:
a. Differential Association Theory by Edwin Sutherland
b. Imitation Theory by Gabriel Tarde
c. Identification Theory by Daniel Glaser
5, Cognitive Approach. Cognitive approach looks at differences in the way people process information to
explain differences in behavior. This perspective emphasizes the role of mental processes that underlie
behavior.
Intelligence and Criminality
What is Human Intelligence?
Human intelligence generally points to at least three characteristics. First intelligence is best
understood as a compilation of brain-based cognitive abilities. According to 52 eminent intelligence
researchers, intelligence reflects “a very general mental capability that, among other things,
involves the ability to reason, plan, solve problems, think abstractly, comprehend complex ideas,
learn quickly and learn from experience”.
The earliest casual explanation, popular during the early 1900s, portrayed criminals as so
feebleminded and mentally deficient that they could neither distinguish right from wrong nor
resist criminal impulses. This feeblemindedness hypothesis, however, lost favor long ago as it
became clear that few criminals are actually mentally deficient and most recognize, though may
not follow, behavioral norms. A more recent, and more compelling, casual explanation emphasizes
the importance of intelligence - especially intelligence – during childhood socialization. The
socialization of children involves constant verbal communication and comprehension of abstract
symbols; therefore, children with poor verbal and cognitive skills have greater difficulty completing
the socialization process, which puts them at risk of under controlled, antisocial behavior.
Empirical studies overall have supported this developmental hypothesis, and it fits with the
especially strong correlation between verbal IQ and crime (see table below).
A final casual explanation links IQ to crime through school performance. Less intelligent students do
less well in school, which results in academic frustration. This frustration, in turn, weakens their
attachment and commitment to schooling and a weakened bond to school, as per social control
theory, allows for more criminal behavior. This school performance hypothesis have received strong
support from empirical studies, and it is probably the most widely accepted explanation of the IQ-
crime correlation.
Criminal Law and Intelligence
What is the McNaughton (M’Naghten) Rule?
In 1724 an English court maintained that a man was not responsible for an act if “he does not know
what he is doing, no more…. a wild beast”. Modern standards of legal responsibility, however, have
been based on the McNaughton decision of 1843.
The formal insanity defense has its beginnings in 1843, when Daniel McNaughton tried to kill
Robert Peel, the British prime minister (he shot and killed his secretary instead). AT his trial,
McNaughton testified that he believed that the British government was plotting against him, and he
was acquitted of murder. The McNaughton Rule requires that a criminal defendant:
1. Not known what he was doing at the time; or
2. Not known that his actions were wrong (because of his delusional belief, McNaughton thought he
was defending himself)
The Rule created a presumption of sanity, unless the defense proved “at the time of committing the
act, the accused was laboring under such a defect of reason, from disease of the mind, as not to
know the nature and quality of the act he was doing or, if he did know it, that he did not know what
he was doing was wrong. “This rule was adopted in the US, and the distinction of knowing right
from wrong remained the basis for most decisions of legal insanity.
What is the Durham Rule?
It is also called as the Product Test which states that, “an accused is not
criminally responsible if his unlawful act is the product of mental disease
or mental defect.” Some States in USA added to their statues this doctrine
which also known as irresistible impulse recognizing some ill individuals
may respond correctly, but may be unable to control their behavior.
The Durham Rule was adopted in USA in 1954 but was overturned in
1972, largely because its ambiguous reference to “mental disease or
defect” places undue emphasis on subjective judgments by psychiatrists,
and can easily lead to a “battle of the experts.”
What ALI “Substantial Capacity” Test?
Many states in USA now adopt a version of guidelines set out by the
American Law Institute (ALI) in 1962, which allows the insanity defense if,
by virtue of mental illness, the defendant:
1. Lacks the ability to understand the meaning of his/her act; or
2. Cannot control his/her impulses (sometimes known as the irresistible
impulse test).
The Test was integrated by the ALI in its Model Penal Code Test, which
improved on the McNaughton rule and irresistible impulse tests. The new
rule stated that a person is not responsible for his criminal act if, as a
result of the mental disease or defect, he lacks substantial capacity to
appreciate the criminality of his act or to conform his conduct to the
requirements of the law.
Still, this test has been criticized for its use of ambiguous words like “substantial
capacity” and “appreciate” as there would be differences in expert testimonies
whether the accused’s degree of awareness was sufficient. Objections were also
made to the exclusion of psychopaths or persons whose abnormalities are
manifested only by repeated criminal conduct. Critics observed that psychopaths
cannot be deterred and thus underserving of punishment.
In 1984, however, the U.S. Congress repudiated this test in favor of the
McNaughton style statutory formulation. It enacted the Comprehensive Crime
Control Act which made the appreciation test the law applicable in all federal
courts. The test is similar to McNaughton as it relies on the cognitive test. The
accused is not required to prove lack of control as in the ALI test. The
appreciation test shifted the burden of proof to the defense, limited the scope of
expert testimony, eliminated the defense of diminished capacity and provided for
commitment of accused found to be insane.
Criminal Law and Intelligence in the Philippines
In the Philippines, the courts have established a more stringent criterion for insanity to be
exempting as it is required that there must be a complete deprivation of intelligence in
committing the act, i.e., the accused is deprived of reason; he acted without the least discernment
because there is a complete of absence of the power to discern, or that there is a total deprivation
of the will. Mere abnormality of the mental facilities will not exclude imputability.
The issue of insanity is a question of fact for insanity is a condition of the mind, not susceptible of
the usual means of proof. As no man can know what is going on in the mind of another, the state
or condition of a person’s mind can only be measure and judged by his behavior. Establishing the
insanity of an accused requires opinion testimony which may be given by a witness who is
intimately acquainted with the accused, by a witness who has rational basis to conclude that the
accused was insane based on the witness’ own perception of the accused, or by a witness who is
qualified as an expert, such as psychiatrist. The testimony or proof of the accused’s insanity must
relate to the time preceding or coetaneous with the commission of the offense with which he is
charged.
The Revised Penal Code
Article 12 of the code exempts a person from criminal liability in consideration of intelligence.
They are as follows:
Paragraph 1: Any person who has committed a crime while the said person was imbecile or
insane during the commission.
When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of the same court.
Suggested Readings:
1. People of the Philippines vs. Tibon, G.R. No. 188320, June 29, 2010
2. People of the Philippines vs. Roger Austria Y Navarro (alias Bernie), G.R. No. 111517-19, July 31,
1996
3. People of the Philippines vs. Fernando Madarang Y Magno, G.R. No. 132319, May 12, 2000
4. People of the Philippines vs. Celestino Bonoan Y Cruz, G.R. No. L-45130, February 17, 1937
Paragraph 2: A person over nine years of age and under fifteen, unless he has
acted with discernment, in which case, such minor shall be proceeded against in
accordance with the provisions of Art. 80 of the Code.
Paragraph 3: Any person having an age of 9 years old and below.
Suggested Reading:
1. People of the Philippines vs. Morales, G.R. No. 148518, April 15, 2004
Note:
In connection to paragraph 2 and 3, Republic Act No. 9344 otherwise known as
Juvenile Justice and Welfare Act of 2006, as amended by Republic Act 10609,
raised the criminal exemption from 9-15 years old. In addition, a person of this
age is totally exempted, whether he/she acted with or without discernment
during the commission of crime.
KINDS OF TRAITS BY: Gordon Allport
Common traits-These are personality traits that are shared by most
members of Particular culture.
Individual traits- These are personality traits that define a persons unique
individual Qualities.
Cardinal traits- These personality traits are so basics that all persons
activities relate to these. It is a powerful and dominating behaviour
predisposition That provides the pivotal point in a persons entire life.
Very few have this.
Central traits- These are the core traits that characterize an individuals
Personality. Central traits are the major characteristics of our personalities
That are quite generalized and enduring. They form the building blocks
of our personality.
This is a timed exam, you will have 60 mins to complete the exam from the time you start it.
Please make sure to have the exam completed before the cutoff time on the due date listed. You
only get one attempt at the exam.
Please remember that your exams are to be completed on your own and you are not to share your
answers with anyone.