Lecture Notes Criminology.pptx

Criminology
- the body of knowledge regarding crime as
a social phenomenon (Edwin H. Sutherland)
- a body of knowledge regarding
delinquency and crime as a social phenomenon
(Cirilo Tradio)
- study of crimes, criminals and criminal
behavior (Webster)
- a scientific and humanistic study of the
social process of identifying crimes, criminals
and the compatible solutions (Mannle and
Herschel)

Origin of the word “Criminology”
- it originates from the Latin word
“Crimen” meaning crime/accusations and
Greek word “Logos” which means study
In 1885, Raffaele Garofalo, an Italian
Law Professor coined the term Criminology
(criminologia)
Paul Topinard, French anthropologist
‘criminologie’

Brief History of Criminology
Study of Criminology started in “Europe”.
19th Century - Cesare Lombroso advocated the
theory that crime can be attributed to heredity
predisposition. According to Lombroso, a criminal
person by birth is a distinct type. It can be
recognized through his own personal stigmata or
anomalies.
Latter part of 19th Century
Criminology was accepted as field of study by the
department of sociology in the U.S.
1915 – Environmental factors became popular as
the causes of crime.

R.A. 6506 “An Act Creating the Board
of Criminology in the Philippines and
for other Purposes” – the law that
creates the Board of Criminology in the
Philippines in 1972.

Criminologist (R.A. 6506)
A person who is a graduate of
Bachelor of Science in Criminology, who has
passed the examination for criminologist
and is registered as such by the Board of
Examiners of the PRC.
Criminalist
A person who is trained in sciences of
the application of instruments and
methods.

Divisions of Criminology
1. Crime Behavior or criminal Etiology
– the scientific analysis of the causation of
crimes and the criminal behavior
2. Sociology of Law
- an attempt at the scientific analysis of the
conditions under which penal laws develops as a
process of social control
- refers to the investigation of the nature of
criminal law and its administration (the study of
law and its application)
3. Penology
– the study of the control of crimes and the
rehabilitation of offender

Importance of Studying Criminology
1. A source of philosophy of life – the knowledge
derived from studying crime is a good foundation
for an individual’s philosophy and lifestyle;
2. A background for a profession or for social service;
3. Because criminals are legitimate objects of
interest. They should be understood in order to
know how to control them;
4. Because crime is a costly problem. The value of
property lost, medical expenses, and insurance,
moving costs, and intangible costs of pain and
suffering is too high as a result of victimization.

Purposes of Studying Criminology
Studying criminology is aimed towards the following;
1. The primary aim is to prevent the crime problem.
2. To understand crimes and criminals which are basic
to knowing the actions to be done to prevent them.
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.

Nature of Criminology…Science or Art??
Science – from the Latin word “scientia”
meaning knowledge. It refers to any
systematic knowledge or practice.
Art – refers to the use of skill and
imagination in the creation of aesthetic
objects, environment or experiences.

George Wilker
- Criminology cannot become a science
because it has not yet acquired universal
validity.
Edwin H. Sutherland
- Hoped that it will become a science in the
future since the causes of crimes are almost
the same which may be biological,
environmental or combination of the two.

Applied Science
– The study of Criminology involves the use of
knowledge and concept of other sciences and field of
study which makes the study of criminology.
(Anthropology, psychology, sociology and other
natural sciences may be applied in the study of the
causes of crime while chemistry, medicine, physics,
mathematics, etc. may be utilized in crime detection.)
Social Science
– Inasmuch as crime is a societal creation and that it
exist in a society, its study must be considered as a
part of social science.

Dynamic
– Criminology changes as social condition
changes. That means the progress of
criminology is concordant with the
advancement of other sciences that have
been applied to it.
Nationalistic
– Study of criminology must be in relation
with the existing penal law within a specific
territory.

Causes of Crime According to Early Theologians
St. Augustine – He 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 – He stated that “People by
nature tried to perform good acts. Sin or crime took
place when their power to reason failed.”

Causes of Crime According to Early Philosophers
Plato stated that certain social and political factors
encouraged crime.
Aristotle stressed the ability of the law to improve 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. 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.

THEORIES OF CRIME CAUSATION
1. Subjective Approach - Deals with the biological
explanation of crimes, focused on the forms of
abnormalities that exist in an individual before and
after the commission of crime.
2. Objective Approach – Deals with the study of
groups, social processes and institutions as influenced
to behavior.
3. Contemporary Approach – It is the combination of
different approaches to explain the reasons or causes
for the commission of crimes which focuses on the
psychoanalytical, psychiatric and sociological theories

Subjective Approaches
1. Anthropological – deals with the study of
physical characteristics of an individual
offender with non – offenders in an attempt to
discover differences covering criminal behavior.
2. Medical Approach – Application of medical
examination for the explanation of mental and
physical condition of the individual prior and
after the commission of the crime.

3. Biological Approach – according to Taft,
heredity is one major factor why a person
commits crime
4. Physiological Needs – Abraham Maslow
explained that the deprivation of the primary
needs is a strong factor in the commission of
crime
5. Psychological - Concerned in the deprivation
of psychological needs of man which
constitute the development of deviations of
normal behavior resulting to repulsive
sentiment and action

6. Psychiatric – this approach explains that
mental disease is the reason why a
person violates norms and laws of the
land
7. Psychoanalytical/Psychodynamic –
According to Freud, the imbalance
condition of Id, Ego and Superego causes
deviation of the individual to the norms
of society

Objective Approaches
1. Geographical Approach
– Considers topography, natural
resources, Geographical location, and
climate lead an individual to commit crime.
Founder Quetelet, “Thermic Law of
Delinquency”, crimes against person prevail
in the South Pole and during warm season
while crimes against property predominate
in the North Pole and cold countries.

2. Ecological Approach – according to Robert Ezra
Park, this is concerned with the biotic grouping of
men resulting to migration, competition, social
discrimination, division of labor and social conflict
as factors to crime.
3. Economic Approach – Robert King Merton
believed that poverty or economic difficulty
pushes a person to commit crime in order to
support his needs.
4. Socio-Cultural – Albert Cohen affirms that
institutions, education, politics and religion are
major factors in the commission of crimes.

EARLY BEGINNINGS
Demonological Theory
– It asserts that a person commits
wrongful acts due to the fact that he was
possessed by demons.
PRE 20TH CENTURY (1738-1798)
World of criminology has been divided into
three broad schools of thought:
1. Classical
2. Neo-Classical
3. Positivist

CLASSICAL SCHOOL OF THOUGHT
- advocates are Cesare Beccaria (Cesare
Bonesara Marchese de Beccaria) who is known as
Founder of Classical School of Thought and Jeremy
Bentham.
Beccaria in his book “An Essay of Crime and
Punishment” presented key ideas on the abolition of
torture as legitimate means of extracting confession.
Beccaria, a graduate of a law degree from the
University of Pavia returned home to Milan and joined
a group of radial intellectuals, and organized
themselves into the ACADEDMY OF FISTS. Their
purpose was to investigate the type of reforms that
were needed to modernize Italian Society.

Beccaria believed that:
1. People want to achieve pleasure and avoid
pain.
2. Crime provides some pleasure to the
criminal.
3. To deter crime, he believed that one must
administer pain in an appropriate amount to
counterbalance the pleasure obtain from
crime.
Famous in sayings “ Let the punishment fit
the crime”

Characteristics of Classical School
1. The basis of criminal liability is human free will
and the purpose of penalty is retribution
2. Man is essentially a moral creature with an
absolute free will to choose between right and
wrong.
3. That every man is therefore responsible for his
act.
4. The law, or the judge, should determine the
punishment to be attached to a criminal act and
should provide a scale of punishment to all
persons committing the same crime, irrespective
of age, sex, color, creed, or circumstances.

JEREMY BENTHAM (1748- 1832)
- proposed “Utilitarian Hedonism”
which explains that person always acts in
such a way to seek pleasure and avoid pain.
Bentham devoted his life to developing
scientific approach to the making and
breaking laws.
He believed in “the greatest happiness of the
greatest number of people’’. His work has
governed by utilitarian principles.

Arguments against Classical School:
1. It treats all people as if they were machines
without considering their individual differences
and surrounding circumstances during the
commission of crime.
2. The punishment imposed upon the first time
offender and recidivist is equal.
3. The nature and definition of penalty is not
individualized.
4. It does not consider the mental condition of the
perpetrator rather it focused on the injury caused.
5. It became the ‘Magna Carta’ or pattern of the
criminal, since he knows what will be the penalty
in case he will be arrested, thus he can calculate
the pleasure and pain.

Neo-Classical School of Thought
1. This school argued that situations or
circumstances that make it impossible to
exercise freewill are reasons to exempt the
offender from conviction.
2. The Classicists believed in the absolute free
will of men to choose between pleasure and
pain. The person is always totally responsible
for the consequences of his acts. On the other
hand, the Neo-Classicists argued that it is not
always, since the free will of a person is not
absolute.

Positivist School/Italian School
 This school of thought emphasizes scientific
treatments of criminals, not on the penalties to
be imposed because it is believed that man is
subdued occasionally by a strange and morbid
phenomenon which constrains him to do wrong
in spite of or contrary to his own volition.
Maintains that crime as any act is a natural
phenomenon and is comparable to disaster or
calamity. That crime is a social and moral
phenomenon which cannot be treated and
checked by the imposition of punishment rather
rehabilitation or the enforcement of individual
measures.

 Proponents of this school are: Dr. Cesare
Lombroso (Father of Modern
Criminology); Enrico Ferri (Best known
Lombroso’s associate, brilliant lawyer,
accomplished editor, scholar, public
lecturer and a great parliamentarian);
and, Raffaele Garofalo (Italian
nobleman, magistrate, professor of law
and senator). They are known as “Holy
Three of Modern Criminology”

DR. CESARE LOMBROSO – Father of modern
Criminology. Wrote “Crime: Its Causes and Remedies”
which contains the classification of criminals:
1. Born Criminal – based on the belief the criminal
behavior is inherited
2. Criminal by Passion – a person who commits
crime due to extreme emotion, impulse of the
moment, fit of passion, great anger or jealousy
3. Criminaloid – an individual who commits crime
because of weak self control or less physical
stigmata

4. Insane Criminal – a person who commits
crime by reason of his psychological disorder
or mental abnormalities
5. Occasional Criminal – one who commits
crime due to insignificant reasons that
pushed them to do at a given occasion
6. Pseudo Criminal – an individual who kills a
person in self-defense

ENRICO FERRI (1856-1929)
 An Italian, born 1856, author of “The Theory of
Imputable and the Denial of Free Will” published in 1878.
 He agreed with Lombroso on the biological basis of
Criminal’s behavior but his interest in socialism led him to
recognize the importance of social, economic, and political
determinants.
 His greatest contribution was his attack on the classical
doctrine of free will, which argued that, criminals should
be held morally responsible for their crimes because they
must have a rational decision to commit these acts.
 He believed that criminals could not be held morally
responsible because they did not choose to commit
crimes, but rather were driven to commit crimes by
conditions in their lives.

RAFFAELE GAROFALO
 He treated the roots of the criminals’
behavior not to physical features but to their
psychology equivalent, which he referred to as
moral anomalies.
 He rejected the doctrine of freewill.
 Classify criminals as Murderers, Violent
Criminals, Deficient Criminals, and Lascivious
Criminals.

SOCIOLOGICAL DETERMINISM
ANOMIE THEORY (1858-1917)
 David Emile Durkheim (considered as one of
the Founding Fathers of Sociology) proponent of
this theory
 Concerned on the sociological point of view of
positivist school which explains that the
nonexistence of norms in a society encourages a
person to commit crimes.

Durkheim describes the feelings of
alienation and confusion associated with
the breakdown of social bonds. He said
that human conduct lies not in the
individual but in the group and social
organization. Individuals in the modern era
tend to feel less connected to a
community than did their ancestors, and
thus their conduct is less influenced by
group norms.

Durkheim proposed the following
principles:
1. Crime is a natural thing in the society;
2. The concept of wrong is necessary to
give meaning to right;
3. Crime help society for changes – it
means that a society to be flexible to
permit positive deviation must permit
negative deviations as well
1.

PSYCHOANALYTICAL THEORY (1856-1969)
-developed by Sigmund Freud (Father of
Psychoanalysis)
Criminality is a manifestation of psychological
conflict and a criminal behavior is a form of
neurosis.
-crimes happened due to poor moral
development, inadequate childhood socialization,
defective conscience or emotional maturity
- Freud suggests three elements of
personality, Id, ego and superego which if not
developed properly may result to commission of
crimes

NOTE: The most important concept of
Psychoanalysis is the UNCONSCIOUS
(traumatic experiences etc.) The next most
important idea is CONFLICT (simultaneous
arousal of two or more incompatible motives
resulting to unpleasant emotions).
Types of Conflicts:
Double Approach Conflict – a person is
motivated to engage in two desirable
activities that cannot be pursued
simultaneously.

Double Avoidance Conflict – a person faces two
undesirable situations in which the avoidance of
one is the exposure to the other resulting to an
intense emotion.
Approach_ Avoidance Conflict – a person faces
situation having both a desirable and
undesirable feature. It is sometimes called
“dilemma”, because some negative and some
positive features must be accepted regardless
which course of action is chosen.

Multiple Approach-Avoidance – situation in
which a choice must be made between two
or more alternatives each has both positive
and negative features. It is the most difficult
to resolve because the feature of each
portion are often difficult to compare.

Components of Personality:
Id – the only component of personality present from
birth
Entirely unconscious and includes instinctive
and primitive behaviors
Pleasure-seeking component of personality
Ego – responsible for dealing with reality; reality
principle
It develops from the id and it ensures that the
impulses of the id can be expressed in a
manner acceptable in the real world
Partly unconscious and partly conscious

Superego/Conscience – last component of
personality to develop
- Aspect of personality that holds all our
internalized moral standards and ideals that we
acquire from both parents and society – our
sense of right and wrong
-Begins to emerge at around of age five (5)
NOTE: Personality refers to a complex set of
emotional and behavioral attributes that tend to
remain relatively constant as the individual moves
from situation.

HUMAN ECOLOGY THEORY (1864-1944)
Human ecology is the study of the
interrelationship of people and environment.
It is believed that isolation, segregation,
competition, conflict, social contract, interaction
and social hierarchy of people are the major
influences of criminal behavior and crimes.
According to Robert Ezra Park, the changes
in the environment where the people live will
cause changes in the society.

SOMATOTYPING THEORY (1888-1964)
Ernest Kretschmer, a German Psychiatrist originated the
idea of somatotyping
3 Major Types of Physique:
1. Asthenic – skinny and slender with lean, slightly built
and narrow shoulders. Prone to commit fraud and
theft.
2. Athletic – tall, strong and muscular who are usually
involved in crimes against person because they are
generally violent
3. Pyknic – broad face, massive neck, medium height,
and with rounded bodies. Generally commit crimes
related to trickery, swindling and violence.

SOMATOTYPING THEORY (1898-1977)
William Herbert Sheldon believed that
heredity is the principal determinant of
behavior and the physique is a
dependable and unswerving indicator of
personality
Sheldon combines the biological and
psychological explanation to understand
deviant behavior which classified body
physique.

Sheldon’s Classification of Body Physique:
Endomorphy – relaxed and comfortable
persons with predominance of soft and
roundedness throughout the different
regions of the body with short tapering
limbs, small bones, smooth velvety skin and
love luxurious things and conditions in life.
Essentially outgoing and gregarious or
extrovert persons.

Body Features:
Soft body underdeveloped muscles
Round shaped Over-developed digestive system
Associated Personality Traits:
Love of food Tolerant
Evenness of emotions
Love of comfort Sociable
Good humored
Relaxed
Need for affection

Mesomorphy – commonly called as the
athletic type of person who behave, act and
talk aggressively, characterized by
predominance of muscles, large wrist and
hands. Tend to commit crimes of violence.

Body Features:
Hard, muscular body
overly mature appearance upright posture
thick skin
Rectangular shaped
Adventurous desire for power and dominance
Courageous Indifference to what others think or want
Assertive, bold zest for physical
Competitive love of risk and chance

Ectomorphy – introvert persons who are
poorly muscled and characterized by thin
physique, flat chest, fragile and delicate
bones.
Body Features:
Thin and flat chest
delicate build, young appearance
Tall but lightly muscled
stoop-shouldered
Large brain

Self-conscious and preferences for privacy
introverted and inhibited
Socially anxious
Artistic and mentally intense
Emotionally restrained

DIFFERENTIAL ASSOCIATION THEORY
(DAT) 1883-1950
simply believes that criminal behavior is learned
and not inherited.
developed by Edwin H. Sutherland – most
important criminologist of the 20th century due to the
fact that he has a brilliant explanation about crimes
and criminality, thus, he is considered as the Dean of
Modern Criminology.
He state that “While criminal behavior is an
expression of the general needs and value, it is not
explained by those general needs and value, since non-
criminal behavior is an expression of the same needs
and value.”

CONTAINMENT THEORY (1899-1988)
this theory is a form of control which suggests
that a series of both internal and external factors
contributes to criminal behavior.
According Walter Reckless, external forces are
composed of outer structures like blocked
opportunities, poverty and unemployment while the
internal structures are the individuals self control
ensured by strong ego, good self image, well
developed conscience, high frustration tolerance and
high sense of responsibility

SOCIAL CLASS CONFLICT AND
CAPITALISM THEORY (1818-1940)
Karl Marx, Frederick Engel and Willhem
W. Bonger are the main proponents of this
theory.
Argue that upper class in a capitalist
society is responsible for the conception of
penal law and the ideological biases in the
interpretation and enforcement of laws. Thus,
criminality is very much reflected on the
exploited and abused members of the
underprivileged population; who are usually
unemployed or underemployed.

STRAIN THEORY (1910)
Robert King Merton is the leading
sociologist of the late 20th century who also
related criminality to lack or absence of
norms.
Merton asserted that a man who failed
to achieve higher status/goals in life caused
him to commit crimes in order for those
status/goals to be attained.

SUB-CULTURE THEORY (1918)
According to Albert Cohen, the lower class
cannot socialize effectively to the middle
and higher classes because the latter would
not accept the behavior of the former. Thus,
the members of the lower class gather
together to share their common concerns
which subsequently form a sub-culture that
rebuffs the middle class values.

NEUTRALIZATION THEORY
Gresham Sykes believed that a person will
follow or break law depending upon
whether he will be benefited or not. Such
that if the societal rules are favorable to
him, the latter are very much willing to obey
it, otherwise, he will transgress.

GENERAL STRAIN THEORY
(ROBERT AGNEW)
Agnew’s general strain theory is based on
the general idea that "when people are
treated badly they may get upset and
engage in crime" (Agnew, forthcoming). The
general strain theory identifies the ways of
measuring strain, the different types of
strain, the link between strain and crime,
and policy recommendations based on the
theory.

Major Types of Strain:
1. Failure to achieve positively valued stimuli
2. The loss/removal of positively valued
stimuli
3. The presentation of negative stimuli

DIFFERENTIAL
OPPORTUNITY THEORY
According to Lloyd Ohlin, there are different
opportunities for the lower and upper
classes of the society. The lower is usually
deprived of the abundant resources that
the upper is enjoying. This causes the
underprivileged to get involved to
illegitimate activities in order to achieve
their ambitions and to become equal to the
standing of the upper class people in the
society.

LABELING THEORY /Symbolic
Interactionism Theory
(SOCIAL REACTION THEORY)
The founders of this theory are Frank
Tennenbaum, Edwin Lemert, & Howard Becker.
This is concerned with how the self-identity and
behavior of an individual is influenced (or created)
by how that individual is categorized and
described by others in their society. It focuses on
the linguistic tendency of majorities to negatively
label minorities or those seen as deviant from
norms, and is associated with the concept of a
self-fulfilling prophecy and stereotyping.

INSTRUMENTALIST THEORY
Earl Richard Quinney claimed that the
upper classes are using the existence of the
state to exploit the lower classes by making
laws for their own benefit, protection and
interest.

DIFFERENTIAL
IDENTIFICATION THEORY
Daniel Glasser maintained that a person pursues
criminal behavior to the extent that he identifies
himself with real or imaginary persons from
whose perspective his criminal behavior seems
acceptable.
A person with the susceptibility of becoming a
thief will consider thieves as his ideal person to
identify himself. The identification need not be an
intimate personal association but it may be done
by identifying himself with characters in movies,
radio and televisions.

CONFLICT OF CULTURE THEORY
Thorsten Sellin emphasized that the multiplicity of
incompatible culture is the main source of social
disorganization. The high crime and delinquency
rates of certain ethnic or racial group is explained
by their exposure to assorted, diverse and
incongruent standards and code. Their own
standards and code conflicts that of a larger
society. The high degree of population mobility
magnifies the cultural diversity and exposure of
children to varied cultures. The more intricate the
culture becomes, the greater is the chance that
the worms of various groups will conflict

THEORY OF EVOLUTION
According to Charles Darwin, humans like
other animals are parasite. Man has
animalistic behavior, man kills and steals to
live.

OTHER SCHOOL
Chicago School
1. The founders are Robert Ezra (1864 –
1944),Ernest W. Burgess (1886 – 1966), and
Louis Wirth (1897 – 1952) - Professors of
Sociology Dept at University of Chicago.
2. Pioneered research on social ecology of the city
3. Some neighborhoods become “Natural Areas”
for crime
4. They found that children who grow in old home
wracked by conflict, attend inadequately in
schools or associated with deviant peers and
become exposed to pro-crime forces

Studies on Human Behavior and Mind in
Relation to the Causes of Crime
1. Psychoanalytic factors focuses on the
analysis of human behavior.
2. Psychiatric factors focuses on the study
of human mind.

AUGUST AICHORN in his manuscript entitled
“Wayward Youth, 1925” he argued that the
cause of crime and delinquency is the faulty
development of the child during the first few
years of his life. As child, the human beings
typically follow only his pleasures impulses
instinctively, soon as he grew up and he must
control it. Otherwise, he suffers from faulty
ego development and grows up to be
delinquent.

ABRAHAMSEN in his book “Crime and the
Human Mind” 1945, he explained the origin
of crime by this formula. “Criminal behavior
is a result of criminalistic tendencies plus
crime emotional resistance to temptation.”

Criminal Formula
According to Abrahamsen in his book entitled,
“Crime and Human Mind” in 1945, he explained
the causes of crime by this formula:
𝐶 =
𝑇+𝑆
𝑅
Where:
C – Crime/Criminal Behavior (Act)
T – Tendency (Desire/Intent)
S – Situation (opportunity)
R – Resistance to Temptation (Control)

CYRILL BURT in his book “Young Delinquent,
1325” he gave the hypothesis of general
emotionality. According to him many offenses
may be traced to either excess or deficiency of
a particular instinctive drive. An overload of the
submissive instinct account for the tendency of
many criminals to be weak willed or easily led.
Fear and absconding may be owed to the
impulse of fear. Cruel and unsympathetic type
of offenders may be the result of the shortage
in the primitive emotion of love and a surplus
of the instinct of hate.

HEALY in his book “Individual Delinquency”,
he asserted that crime is an expression of
the individual which causes emotional
anxiety, personality demands, removal of
pain and the pain is eliminated and
delinquency of the individual.

BROMBERG in his writing, “Crime and the
Mind, 1948” he asserted that criminality is the
consequence of emotional immaturity. A
person is deemed emotionally matured when
he has learned to control his emotion
affectively and who lives at peace with himself
and in harmony with the standards of conduct
which are acceptable to the society. An
emotionally immature person defies against
rules and regulations and tends to engage in
unusual activities and experience a feeling of
guilt due to inferiority complex.

DR. CESARE LOMBROSO – The world
famous authority in the field of criminology
who advocated the Positivist Theory: that
crime 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.

DR. CHARLES BUCKMAN GORING – An
English statistician, who studied the case
histories of 2,000 convicts, and found that
heredity, is more influential as determiner
of criminal behavior than environment.

ALPHONSE BERTILLION – One who
originated a system of classifying criminals
according to body
measurements(anthropometry). Because
the human skeleton is unchangeable after
the 20th year and because no two
individuals are alike in all dimensions; this
method of identification received
prominence in 1880’s.

EDWIN H. SUTHERLAND
– An American authority in criminology,
which in his book “Principles of Criminology”
considers criminology at present as not a
science, but he has hopes of becoming a
science.
- He is considered as the Dean of Modern
Criminology. He advocated the Differential
Association Theory.

GEORGE L. WILKER – Argued that
criminology couldn’t possibly become a
science. Accordingly, general propositions of
universal validity are the essence science;
such prostitutions can be made only
regarding stable and homogeneous units
but varies one time to another; therefore,
universal proposition cannot be made
regarding crime, and scientific studies of
criminal behavior are impossible.

CESARE BECCARIA – Who is his book: An
Essay of Crimes and Punishments,”
advocated and applied doctrine penology,
that is to say make punishment less
arbitrary and severe; that all the persons
who violated a specific law should receive
identical punishment regardless of age,
sanity, wealth, position, or circumstance.

R. GAROFALO – 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.

Wilhelm. A. BONGER – An emotional
authority in criminology, who classified
crimes by motives of the offenders as
economic crimes, sexual crimes, political
crimes, and miscellaneous crimes with
vengeance as the principal motive.

HENRY HERBERT GODDARD
– Who advocated the theory that
“feeblemindedness” inherited as Mendelian
Unit, causes crime for the reason that the
feebleminded person is unable to
appreciate the consequences of his
behavior, or appreciate the meaning of the
law.

DAVID W. MAURER – 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
continuously and professionally without the
connivance of the law.”

PETER RENIZEL – A private person who in
1669, established a workhouse in
Hamburge at his own expense because he
had observed that thieves and prostitutes
were made worse instead of better by
pillory, and hoped that they might be
improved by work and religious instruction
in the workhouse.

AGUSTE COMTE (1798-1857), a French sociologist,
firmly rooted the application of the modern methods of
physical sciences in the social sciences with his volume
COYURS de Philosophie Positive (Course of Positive
Philosophy), published between 1830 and 1842. He
argued that these could be no real knowledge of social
phenomena unless it was based on a positivist
(scientific) approach. He is considered as the founder of
sociology
According to Comte societies pass through stages:
• People from primitive societies believe that
inanimate objects have life Ex. Sun is god
• In later social Stages, People embrace rational and
scientific view of the word and this is what we
called positive stage.

BIOLOGICAL DETERMINISM
GIAMBATTISTA DELLA PORTA and JOHANN KASPAR
LAVATER (1535- 1615) founded the school of human
physiognomy, the study of facial features and their
relation to human behavior.
• Greek ‘physis’ – nature and ‘gnomon’ –
judge/interpreter
• Physiognomy The study of facial features of
criminals to determine whether the shape of the
ears, nose, and eyes and distances between them
were associated with anti-social behavior;
• an assessment of person’s character/ethnic origin/
personality from his outer appearance

FRANZ JOSEPH GALL (1758 – 1828 ) AND JOHANN K.
SPURHEIM (1776 – 1832) both Phrenologist
Phrenology – The study of the shape of the skull and
bumps of the head to determine whether these
physical attributes were linked to criminal behavior.
Craniometry/Craniology – measurement of cranial
features in order to classify people according to race,
criminal temperament, intelligence; skull size and
shape determine brain size which determines such
things as intelligence and capacity for moral behavior

PHILIPE PINEL – One of the founders of French
psychiatry, claimed that some people behave
abnormally even without being mentally ill,
referred as “Psychopathic Personality”
HENRY MAUDSLEY – (1835 – 1918) English
statistician believed that insanity and criminal
behavior were strongly linked.
CHARLES CALDWELL, an American physician who
supported these views, he searched for evidence
that brain tissue and cells regulate human action.

ENVIRONMENTAL FACTORS
LAMBERT ADOLPHE JACQUES QUETELET (ADOLPHE
QUETELET) – A Belgian mathematician did an elaborate
analysis of crime in France, Belgium and Holland. He
was the first to take advantage of the criminal statistics
that was beginning to become available in the 1820’s.
He was the “First Scientific Criminologist”, employing an
approach to his subject matter which was very similar
to that of modern criminologist. He is considered as the
“Father of Modern Sociological and Psychological
Statistic”. He discovered, basing on his research, that
crimes against persons increased during summer and
crimes against property tends to increase during winter.

ANDRE MICHEL GUERRY (MICHAEL GUERRY)
– sometime after 1825, published the first
book in “Scientific Criminology”. He was more
cartographic in his approach, relaying
exclusively in shaded areas of maps in order
to describe and analyze variations in French
official crime statistics. Since he employed
these sections of maps and used these as
principal unit of analysis, he is often viewed
as the “Founder of the Ecological or
Cartographic School of Criminology”.

GABRIEL TARDE (1843 – 1901), - fifteen years as a
provincial judge. He formulated his theory in terms
of laws of imitation – a principle that govern the
process by which the people became criminals.
One of the earliest sociological theories of criminal
behavior, in his Theory of Imitation-Suggestion,
delinquency and criminal matters are learned and
adopted. The learning process may either be
conscious type of copying (imitation) or
unconscious copying (suggestion) of confronting
pattern of behavior. The pattern of crime, like
fashion may easily fade, may last for a long time
and may be transmitted from generation to
generation. It may spread from the place of its
origin outward to the periphery.

ERNEST HOOTON – an anthropologist who
reexamined the work of Goring and found out
that “Tall thin men tend to commit forgery and
fraud , undersized men are thieves and
burglars, short heavy persons commit assault,
rape and other sex crimes; whereas as
mediocare (average) physique flounder around
among other crimes.” He also conducted a
study involving comparison of a large sample
of prisoners and non-prisoners in the United
States and concluded that “criminals are
biologically inferior”.

ELEANOR GLUECK stressed, however that
the build is not a direct cause of
delinquency rather a person’s physical
appearance may simply just affect his
behavior. For example, the muscular boys
who look up to by friends may commit
aggressive act to maintain their respect and
admiration.

RAWSON R. RAWSON – utilized crime
statistics to suggest a link between
population density and crime rates with
crowded cities creating an environment
conducive for crime.
HENRY MAYHEW – used empirical methods
and an ethnographic approach to address
social questions and poverty and presented
his studies in London Labour and the
London Poor

SOME IMPORTANT TERMS
CRIMINOGENIC PROCESS – explain human
behavior and experiences, which help
determine the nature of a person’s
personality as a reacting mechanism; that
factors of experiences in connection thereto
infringe differentially upon different
personalities; producing conflict, which is
the aspect of crime

CRIMINAL PSYCHODYNAMIC – the study of
mental processes of criminals in action; the
study of the genesis, development, and
motivation of human behavior that conflicts
with accepted norms and standards of
society; this study concentrates on
individuals as opposed to general studies of
mass populations with respect to their
criminal behavior

CULTURAL CONFLICTS – a clash between
societies because of contrary beliefs or
substantial variance in their respective
customs, language, institutions, habits,
learning, tradition, etc.
DEMENTIA PRAECOX – a collective term of
mental disorders that begin at, or shortly
after puberty and usually lead to general
failure of the mental faculties, with the
corresponding physiological impairment.

DELUSION – in medical jurisprudence, a
false belief about self, caused by morbidity,
present in paranoia and dementia praecox
EPISODIC CRIMINAL – a non-criminal
person who commits a crime when under
extreme emotional stress; a breaks down
and commits crime as a single incident
during the regular course of natural and
normal events

INHERITANCE – 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 productive process
HEREDITARY – have been believed to share
about equally in determining disposition
that is, whether cheerful or gloomy, his
temperament, and his nervous stability

HALLUCINATION – act of seeing or hearing
something which does not exist
KLEPTOMANIAC – uncontrollable morbid propensity
to steal or pathological stealing. The symptoms of
this disease usually consist of peculiar motives for
stealing and hoarding
MELANCHOLIA – mental disorder characterized by
excessive brooding and depression of spirits; typical
of manic-depressive psychosis
MEGALOMANIA – mental disorder in which the
subject thinks himself great or exalted
ANTHROPOLOGY – science devoted to the study of
mankind and its development in relation to its
physical, mental and cultural history

BIOMETRY – in Criminology, a measure or calculating
of the probable duration of human life; the attempt to
correlate the frequency of crime between parents and
children and brothers and sisters (siblings)
EUTHANASIA (mercy killing) – signifies the release
from life given sufferer from an incurable and painful
disease
BIOSOCIAL BEHAVIOR – person’s biological heritage,
plus his environment and social heritage, influence his
social activity. It is through the reciprocal actions of his
biological and social heritages that a person’s
personality is developed

CRETINISM – a disease associated with
prenatal thyroid deficiency and subsequent
thyroid inactivity, marked by physical
deformities, arrested development, goiter,
and various forms of mental retardation
including imbecility (French cretin:
1.deformed and mentally retarded person,
esp. as the result of thyroid deficiency. 2
colloq. stupid person. • cretinism n.
cretinous adj.– Pocket Oxford English
Dictionary)

CRIME INDEX – composed of selected offenses to gauge
fluctuations in the over-all volume and rate of crime
reported to law enforcement. The offenses included are
the violent crimes of murder, forcible rape, robbery and
aggravated assault, and the property crimes of burglary,
larceny, theft, and motor vehicle theft
REGIONALISM – crime rates not only vary from one
relation to another, but also generally among the several
sections of each section of each nation. Such that the
rate of convictions for homicides per million populations
varies widely in different regions in the whole Philippines
ALIENIST – term applied to specialist in the study of
mental disorders sometimes interchangeably used with
psychiatrist

HOME – cradle of human personality
BAD NEIGHBORHOOD – areas or places in
which dwellings or housing conditions are
dilapidated, unsanitary, unhealthy, which
are therefore, detrimental to the morale,
health and safety of the populace
BROKEN HOME – legal separation, de facto
separation between parents, or natural
separation, or lack of interest on the part of
the parents in the welfare of the children.
One factor of juvenile delinquency.

School – is a strategic position to prevent
crime and delinquency.
Government – the organized authority that
enforces laws of the land and one of the
most powerful in the control of the people.
Norm – the proper way of behaving for a
number of situations.
Mores – are special folkways which are
important to the welfare of the people and
their cherished values. Based on ethical and
moral values.

Criminal Demography – study of the correlation
between criminality and population.
Criminal Ecology – study of criminality in relation to
spatial distribution in the community.
Criminal Epidemiology – study of the connection
between environmental (milieu) and criminality.
Criminal Physical Anthropology - study of
criminality in relation to physical constitution of
men.
Instrumentation – is the application of instrument
and methods of Criminalistics to the detection of
crime.
Sociology – the study of human society, its origin,
structure, function, and direction.

Kallikak Family Tree (Henry Herbert Goddard)
Martin Kallikak was a soldier of the American
revolutionary war and while stationed in a small village
he met and had illicit relations with a feeble-minded
girl. About 489 descendants from this lineage where
traced which included 143 feeble-minded and only 46
were normal. Thirty-six were illegitimate, 3 were
epileptic, 3 criminals, 8 kept brothels and 82 died in
infancy.
At the close of the war, Martin Kallikak Sr. returned to
his home and married a quaker of good family. Out of
this marriage, 4, 967 of the descendants has been
traced and all but I was convicted of religious offense,
15 died in infancy and no one become criminal or
epileptic.

Juke family Tree (Richard Louis Dugdale)
The Juke family consisted of 6 girls some of
whom were illegitimate. One of the six
sisters, Ada Juke was known as “Margaret”,
the mother of criminals. Dugdale traced the
1,200 descendants for 75 years from its
origin and found 280 as paupers, 140-
criminals, 60 habitual thieves, 300 infants
prematurely born, 7 murders, 50
prostitutes, 440 contaminated with sexual
diseases and 30 were prosecuted for
bastardy.

Sir Jonathan Edwards Family Tree (Charles
Buckman Goring)
Sir Jonathan Edwards was famous during
colonial period. When his family tree was
traced, none of the descendants was found
to be criminal. On the other hand, many
become presidents of the United States,
governor, members of Supreme Court,
famous writers, preachers and teachers.

CRIMINAL PSYCHOLOGY
Psychology - is a branch of knowledge regarding
human behavior, science of behavior and mental
processes
Criminal Psychology – is a sub-field of general
psychology; the study of criminal behavior in
relation to criminality; the study of criminal
conduct and activities in an attempt to discover
recurrent patterns and to formulate rules about
behavior
Behavior – refers to actions or activities
Criminal Psychiatry – study of human mind in
relation to criminality.
Psychiatry – the study of human mind.

KINDS OF BEHAVIOR
Simple or Complex – classified based on number of
neurons involved. If there is less neurons in certain act,
it is simple. If there is more then it is complex behavior.
Overt or Covert – overt behavior is observable while
covert is not visible to the naked or hidden
Conscious or Unconscious – considered conscious
when a person is aware of his actions and if not then it
is considered unconscious.
Rational or Irrational – rational when it is done with
sanitary while irrational is done without knowing the
nature and consequences of the actions.
Voluntary or Involuntary – voluntary is an act done
willingly while the involuntary is the body activities and
processes which we cannot stop.

Aspects of Behavior
Attitude/Value – pertains to our likes and dislikes or
our interest toward something.
Emotional – concerns with our feelings, moods,
temper.
Intellectual – mental processes such decision making,
reasoning and solving problems.
Moral – pertains to conscience whether the action
done is good or bad.
Psychosexual – concerns with the state of being
whether a man or woman.
Political – involves our ideology towards government.
Social – refers to our interaction and relationship with
other people.

LEVELS OF MENTAL RETARDATION:
Mild Mental Retardation (I.Q. 56-67 Educable
Moderate Mental Retardation (I.Q. 36-51 )
Trainable
Severe Mental Retardation (I.Q. 20-35
Dependent Retarded
Profound Mental Retardation (I.Q. under 20 Life
Support Retarded

Sexual Deviation – refers to the impairment of either
the desire for sexual gratification or in the ability to
achieve it (Coleman, 1980).
A. Those affecting Males
1. Erectile Insufficiency (Impotency) – sexual
disorder characterized by the inability to achieve
or maintain erection for successful intercourse.
2. Pre- Mature Ejaculation – it is the unsatisfactory
brief period of sexual stimulation that results to
the failure of the female to achieve satisfaction.
3. Retarded Ejaculation – inability to ejaculate during
intercourse-resulting to worry between partners.

B. Those affecting Females
1. Arousal Insufficiency (Frigidity) – sexual disorder
characterized by partial or complete failure to
attain the lubrication or swelling response of
sexual excitement by the female partner.
2. Orgasmic Dysfunction – sexual disorder
characterized by difficulty in achieving orgasm.
3. Vaginismus/vaginal lock – involuntary spasm of
the muscles at the entrance to the vagina that
prevent penetration of the male sex organ.
4. Dyspareunia – painful coitus/painful sexual acts in
women.

Sexual Behavior Leading to Sex Crimes:
A. Choice of Partner
1. Auto Sexual – masturbation/self gratification.
2. Bestiality – sex intercourse with animals.
3. Gerontophilia – erotic desire with elder person.
4. Incest – sexual relationship between people
with blood relationship
5. Pedophilia – sexual desire with a child.
6. Necrophilia – sexual perversion with a corpse
or dead body.

B. Sexual Urge
1. Nymphomania – a strong sexual feeling of
women with an excessive sexual urge.
2. Satyriasis – an excessive (sexual urge) desire of
men to have sexual intercourse.

C. Mode of Expression
1. Algolagnia (Sado-Masochism) – sexual gratification
is attained through pain or cruelty. Two classifications:
a. Sadism – sexual pleasure is achieved through
infliction of pain on the partner.
b. Masochism – sexual pleasure is obtained
through infliction of pain on oneself.
2. Oralism – the satisfaction is attained by the use of
mouth or tongue.
a. Anillingus – licking of the anus of the sexual
partner
b. Cunnillingus – this is attained by licking the
female genitalia
c. Fellatio – licking and sucking the male organ

D. Part of the Body
1. Sodomy – insertion or penetration of the
penis or object to the anus of the partner.
2. Uranism – sexual gratification is attained
through fingering, holding the breast or
licking the parts of the body.
3. Frottage – the act of rubbing the sex organ
against body parts of the partner to achieve
gratification.
4. Partialism – it refers to the sexual libido on
any part of the body of a sexual partner.

E. Sexual Reversals
1. Homosexuality – sexual behavior directed
towards the same sex (lesbianism/tribadism
for female relationships).
2. Transvestism – refers to the achievement of
sexual excitation by dressing as a member of
the opposite.
3. Fetishism – sexual gratification is obtained by
looking at some body parts, underwear of the
opposite sex or other objects associated with
the opposite sex.

F. Visual Stimulus
1. Scoptophilia – sexual behavior characterized
by watching undress or nude people
especially during sexual activity.
2. Voyeurism – sexual gratification is obtained
thru watching person doing something which
might undress herself in a private area. The
maniac is called Peeping Tom who usually
masturbates while doing his sexual behavior.

G. Other Sexual Abnormalities
1. Coprolalia – sexual happiness is attained by
using obscene language while having sexual
intercourse.
2. Don Juanism – act of seducing women
without permanency of sexual partner.
3. Exhibitionism – indecent exposure of sex
organ at other people.
4. Pygmalionism

SOCIOLOGY OF LAW
- is an attempt at scientific analysis of
the conditions under which criminal
laws develop as a consequence of a
behavior of mankind for the good and
welfare of the state.

Study of Criminal Law
• Criminal Law – branch of public law which
defines crime, treats of their nature and
provides punishment for their violation (penal
law).
• Revised Penal Code (Act No.3815)
• – book that contains the Philippine Criminal
Law and different special laws and decrees
which are penal in nature.

Characteristics of Primitive Laws
–Code of Hammurabi – considered one
of the first-known attempt to establish
written code of conduct. It was
instituted by King Hammurabi who ruled
the Babylon at approximately 2,000B.C.
He was the sixth king of the first dynasty
of Babylon and ruled nearly 55 years.

5 Sections of Code of Hammurabi
1. A penal or codes of laws.
2. A manual of instruction for judges, police officers
and witness.
3. A handbook of rights and duties of husbands,
wives and children.
4. A set of regulations establishing wages and prices.
5. A code of ethics for merchants, doctors and
officials.

The Mosaic Code – based on the assumption
that God entered into the covenant with the
tribes of Israel, had a long-lasting impact on our
collective consciousness. Moses returned from
a mountain top carrying the Ten
Commandments which were inscribed on two
stone tablets. These commandments
subsequently became the foundation of Judeo-
Christian morality. The prohibition against
murder, theft, and perjury were all present in
the Mosaic Code.

LAWS OF SOLON
- Solon was appointed archon and was given
legislative powers
- Solon repealed all the laws of the Code of
Drakon, except the law on homicide
- Solon was one of the first to see that a
lawgiver had to make laws that applied equally
to all citizens and also saw that the law of
punishment had to maintain proportionality to
the crimes committed

The Code of Twelve Tables
- Roman law began with the Twelve Tables
which were written in the middle of the sixth
century BC
- the foundation of all laws in Rome and written
in tablets of bronze
- drafted by the Decemvirs, a body of men
composed of patricians
– these tables were collection of basic rules in
relation to the conduct of family and religious
economic life.

529 A.D. – Emperor Justinian I codified the Roman Laws
into set of writings-the Justinian Code which distinguishes
two major types of laws, public and private laws.
Law – is a rule of conduct, just and obligatory,
promulgated by the legitimate authority for common
observance and benefits. (comes from the Latin word ‘lex’
– to bind)
Public Laws – dealt with the organization and the
administration of the Republic.
Private Laws – addressed the issues such contracts,
possessions and other property rights. The legal status of
each person such as slaves, husbands, wives and injuries
to citizens.

History of Philippine law
Revised Penal Code (RPC)
It is called as RPC because the old penal code
which took effect in the country on July 14, 1887
and was enforced until Dec.31,1931 was revised by
the Committee created by Administrative order No.
94 of the Department of Justice dated Oct.18, 1927,
composed of Anacleto Diaz as Chairman, Quintin
Paredes, Alex Reyes and Mariano de Joya as
members.
The RPC was approved on Dec.8, 1930 and
took effect on Jan.1, 1932.

Principal Parts of the RPC
It is composed of two books; book one
which is composed of article 1-113 and book
two covering article 114-367.
Articles 1-20 – principles affecting criminal
liability
Articles 21-113 – penalties including criminal
and civil liability.
Articles 114-367 – felonies

Characteristics of the RPC
A. Generality – the law is applicable to all
persons within the territory irrespective of sex,
race, nationality or civil status except:
1. Head of State
2. Foreign Diplomats, ambassadors, who are
duly accredited to our country.
3. Foreign troops permitted to march within
the territory

Exception to the General
Application(TIP):
1. Treaties
2. Principles of Public International Law
3. Laws of Preferential Application

B. Territoriality – the RPC is applicable to felonies
committed within the Philippine territorial jurisdiction
under article 1 of the constitution.
“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 water.”

C. Prospectivity – the provision of the
RPC cannot be applied if the act is not
yet punishable on the time the felony
was committed. However, it may have a
retroactive effect if it is favorable to the
accused who is not a habitual
delinquent.

What is Crime?
An act or omission punishable by law or
compelled by law; an act committed or
omitted in violation of public law forbidding
or commanding it or the commission or
omission by a person having legal capacity
of any act which is prohibited

Categories of Crimes
Felony – act or omission punishable by
the RPC.
Offense – act or omission punishable by
the special laws or presidential decrees.
Infraction – breach of municipal or city
ordinance.

ELEMENTS OF FELONY IN GENERAL:
1. An act or omission
2. Act or omission punishable by the RPC
3. Act is performed or omission is incurred
by means of dolo or deceit

Act – is any bodily movement tending
to produce some effects in the external
world
Omission – inaction, the failure to
perform an act one is bound to do or
failure to perform a positive duty

ELEMENTS OF CRIME:
According to RPC (Legal)
1. Desire – what induces or pushes a person to commit crime
2. Opportunity – the physical possibility that the crime could
have been committed.
3. Capability – ability of the person to execute the act or
omission.
According to Criminology Concept
1. Motive – reason or cause why a person or group of person
will perpetrate a crime
2. Instrumentality – means or implement used in the
commission of crime
3. Opportunity – consists of the acts or omissions and/or
commissions by a person (victim), which enables another
person or group of persons (the criminal/s) to perpetrate
the crime

Legal Classifications of Crime
A. Manner of Commission
Dolo/ deceit – When the act is with deliberate
intent.
Fault/Culpa – When the wrongful act results
from imprudence, negligence, lack of foresight
or lack of skill.

B. Stage in the Execution of the Crime
1. Attempted – the offender commences the
commission of a felony directly by overt acts, but
does not perform all the acts of execution which
should produce a felony by reason of some causes or
incidents other than his own spontaneous
desistance.
2. Frustrated – the offender performed all the acts of
execution and the felony is actually accomplished. All
the element for its execution are present.
3. Consummated – the offender has performed all the
acts of execution and the felony is actually
accomplished. All the elements for its execution are
present

C. Plurality of the Crime
1. Simple Crimes – when a single acts
constitute only one offense.
2. Complex Crimes – when a single act
constitutes two or more grave felonies or
when an offense is a necessary means for
committing the other.

D. Gravity and Penalty
1. Grave – the law attaches the capital
punishments or afflictive penalties.
2. Less Grave – the law punishes with penalties
which are correctional in nature.
3. Light – infractions of law for the commission
of which the penalty of arresto menor or a
fine not exceeding 200 pesos or both are
imposed.

Criminological Classification of Crime
A. Result
1. Acquisitive Crime – when the offenders
acquire something as a consequence of his
criminal act.
2. Extinctive Crime – when the end result of the
criminal act is destructive

B. Time or Period Committed
1. Seasonal – those that are committed
only at certain period of the year.
2. Situational – those committed only when
the situation conducive to their
commission.

C. Length of time Committed
1. Instant Crime – those committed at the
shortest possible time.
2. Episoidal – those crime committed by a serial
act in a lengthy space of time.
D. Place or Location
Static – those committed only in one place
Continuing – those committed in several places.

E. Use of Mental Faculties
1. Rational – those committed with full
possession of his mental faculties or
sanity.
2. Irrational – those committed by a person
who does not know the nature and
quality of his act on account of the
disease of the mind.

F. Types of Offenders
1. White Collar – those committed by a
member of upper socio-economic class in
the exercise of their profession.
2. Blue Collar – those committed by the
ordinary professional criminals to
maintain their livelihood.

G. Imitation- Passion
1. Crimes of Imitation – those committed, the
pattern of which is merely a duplication of what
was done by others.
2. Crimes by Passion – those committed because of
the fit of passion, anger, jealousy, hatred
H. Standard of Living Criminals
1. Crimes of the upper world – ex. Falsification
2. Crimes of the underworld – ex. Snatching

Major Types or Categories of Crimes
1. Street Crimes
– crime commonly committed against persons
or properties are generally called “street crime”. This
does not mean that they are always committed in
some steer. Many occur in commercial or private
buildings. The term simply refers to the fact that
these crimes are routine, everyday occurrences and
often. Although not always, involving unsophisticated
offenders from the street rather than from the
corporate boardrooms and crime syndicate.

2. Victimless Crime
– transaction between the two or
more parties concerning the scale or
purchase of desired but illegally
obtained goods or services are referred
to as victimless crimes or consensual
crimes

3. Organized Crime
– consist of illegal acts, executed by five
or more persons with varying degrees of
participation to directly acquire a system of
recurring financial rewards through the
provision of goods and services for
consumer groups differing in size and
knowledge of environment.

4. Occupational and Career Oriented Crime
– refers to the illegal acts committed in the
course of one’s legitimate occupation or sustained
involvement in specialized form of conventional
crimes.
5. Political Crime – one of the most difficult
concepts of Criminology. Basically, all crimes are
political in nature. However, when the criminal’s
attack (be in the form of murder, hijacking,
terrorism) is directed towards the society’s values
system or basic institution.( E.g. capitalism, then it
may term absolute political crime.)

Who is a Criminal?
A person who committed a wrongful
act punishable by law of the land and has
been finally convicted of the case charged
against him in the competent court of
justice.

Criminological Classifications of Criminals
A. Based on Etiology
1.Acute Criminals- a person who violates a law
because of the impulse of the moment fit of
passion or anger or spell of extreme jealousy

2. Chronic Criminals – person who acted in
consonance with deliberated thinking such as:
a. Neurotic Criminal – person whose actions
arise from intra-psychic conflict between the
social and anti-social components of his
personality.
b. Normal Criminal – person whose psychic
organization resembles that of normal
individuals except that he identified himself
with criminal photo type.
c. Criminaloids – caused by an organic
pathological process

B. Based on Behavior System
1. Ordinary Criminals
- the lowest form of criminal career.
They engaged only on conventional
crimes that require limited skill. They lack
organization to avoid arrest and
conviction.

2. Organized Criminals
– these criminals 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 muse to gain
and maintain control over economic activities.
Organized crime of these special types includes various
forms of racketeering, control of gambling, prostitution
and distribution of prohibited drugs.

3. Professional Criminals
– they are highly skilled and able to
obtain considerable amount of money without
being detected because of organization and
contract with other criminals. These offenders
are always able to escape conviction. They
specialize in crime, which require skill games,
pick pocketing, shoplifting, sneak thievery,
counterfeiting and others.

C. Based on Activities
1. Professional Criminals – those who earn their
living trough criminal activities.
2. Accidental Criminals – those who commit
criminal acts as a result of unanticipated
circumstances.
3. Habitual Criminals- those who continue to
commit criminal acts for such diverse reason
due to deficiency of intelligence and lack of
self-control.
4. Situational Criminals – those who are not
actually criminals but constantly in trouble with
legal authorities

D. Based on Mental Attitude
1. Active Aggressive Criminals
– those who commit crime in an
impulsive manner usually due to the
aggressive behavior of the offender, such
attitude is clearly shown in crime of passion,
revenge or resentment.

2. Passive-inadequate Criminals – those who commit
crimes because they are push to it by inducement,
reward or promise without considering its
consequence
3. Socialized delinquents – those who are normal in
their behavior but merely defective in their
socialization processes. To this group belong the
educated respectable members of society who may
turn criminal on account of situation they are
involved.

Legal Classifications of Criminals
1. Habitual Delinquents – a person within a period
of ten years from the date of his release or last
conviction of the crime of serious, less serious,
physical injuries, robbery, estafa or falsification,
is found guilty of any of the said crimes a third
time or oftener.
2. Recidivist – is one who, at the time of his trial for
one crime, shall have been previously convicted
by final judgment of another crime embraced in
the same title of the RPC

NATURE OF CRIME AND CRIMINAL LIABILITY
The statement that “We would have no
crime if we had no criminal laws and we could
eliminate all crimes merely by abolishing all criminal
law” is called LOGOMACY, however even it was
decriminalized it would still be offensive and public
would react to it with disgrace. The name of the
behavior would be changed but the societal reaction
to the behavior would remain essentially unchanged.

Underlying the legal principle that a person who is
criminally liable is also civilly liable is the view that from
the standpoint of its effects, a crime has dual character:
(1) as an offense against the state because of the
disturbance of the social order and; (2) as an offense
against the private person injured by the crime unless it
involves a victimless crime or where there is no civil
liability arises on the part of the offender either
because there are no damages to be compensated or
there is no private person injured by the criminal act.
What give rise to the civil liability is really the obligation
of the offender to make whole the damage caused to
another by reason of his act or omission whether done
intentionally or negligently.

• As victim of a crime, man is entitled to the
following civil damages (MANTLE):
1. Moral Damages – the compensation awarded to a
person’s physical suffering, mental anguish, fright,
serious anxiety, besmirched refutation, wounded
feelings, moral shock, social humiliation, and similar
injury.
2. Actual or Compensatory Damages – the
compensation awarded to a person for such
pecuniary loss suffered by him as he duly proved.
3. Nominal Damages – the amount awarded to a
person in order that his right, which had been
violated or invaded, may be recognized or
vindicated.

4. Temperate or Moderate Damages – the
compensation awarded which is more than nominal
but less than compensatory, awarded to a person
when the court finds that he has suffered some
peculiar loss, but its amount cannot, from the
nature of the case, be proved with certainty.
5. Liquidated Damages – the amount of damages
agreed upon by the parties to a contract in case of
breach thereof.
6. Exemplary of Corrective Damages – the damages
awarded to the victim and imposed upon the
offender by the way of example or correction for
the public good, in addition to other damages.

• The civil damages enumerated above are
separate and distinct from the criminal liability of
the author of the crime which can be imposed by
the court only after conviction in a criminal
action or proceeding.
• The underlying basis for awarding the civil
damages lies on the principle of justice and the
provision of the Civil Code on human relation,
and also under the provision of the Revised
Penal Code.

Principle of Justice
• Every person must, in the exercise of his rights
and in the performance of his duties, act with
justice, give everyone his due, and observe
honesty and good faith. (Civil Code Art.19)
• Art.20. Every person who, contrary to law,
willfully or negligently causes damage to another
shall indemnify the latter for the same. (Civil
Code)
• Art.21. Any person who willfully causes loss or
injury to another in a manner contrary to morals,
good customs or public policy shall compensate
the latter for damages. (Civil Code)

CIVIL LIABILITY
Person Civilly Liable for Felonies
Every person criminally liable for a
felony is also civilly liable (Art.100 RPC)

What are the instances when a person who is exempt from criminal
liability is still held civilly liable?
1. An imbecile or an insane person under paragraph 1, Art.12;
2. A person under nine years of age under paragraph 2, Art.12;
3. A person over nine years of age and under fifteen under paragraph
3, Art.12;
4. Any person who acts under the compulsion of an irresistible force
under paragraph 5, Art.12;
5. Any person who acts under the impulse of an uncontrollable fear of
an equal or greater injury; and
6. Any person who, in order to avoid an evil or injury, does an act
which causes damage to another under paragraph 4, Art.11 of the
RPC

What Civil Liability Includes:
1. Restitution
2. Reparation of the Damage Caused
3. Indemnification for consequential damages
(Art.104, RPC)

VICTIMOLOGY DEFINED:
Scientific study of the extent, nature
and cause of criminal victimization, its
consequences for the persons involved and
the reactions thereto by society, in particular
the police and the criminal justice system as
well as voluntary workers and professional
helpers (World Society of Victimology)

Independent study of the
relationships and interactions between
offender and victim before, during and after
the crime (S. Schafer – “The Victim and his
Criminal: A Study into Functional
Responsibility”.1968)

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,
business, and social movements (Andrew
Karmen – “Crime Victims: An Introduction to
Victimology”.1990)

Study of the part/role of the victim in
the commission of crime
NOTE: Hans Von Hentig and Benjamin
Mendelsohn – “Fathers of Victimology”

VICTIM DEFINED:
Persons who, individually or collectively,
have suffered harm, including physical or mental
injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights,
through acts or omissions that are in violation of
criminal laws, including those proscribing abuse of
power (United Nation Declaration )

American Heritage Dictionary
1. someone who is put to death or subjected to
torture or suffering by another;
2. a living creature slain and offered as a sacrifice
to a deity or as a part of a religious sacrifice
3. anyone who is harmed by or made to suffer
from an act, circumstance, or circumstance
agency or condition: victims of war
4. a person who suffers injury, loss, or death as a
result of a voluntary undertaking: a victim of his
own scheming
5. a person who is tricked, swindled, or taken
advantage of a dupe

Legal Definition – a person who has suffered direct,
or threatened, physical, emotional or pecuniary harm
as a result of the commission of a crime
NOTE: Victim refers to whom the crime was
committed. He is also referred to as the complainant
or the offended party. The victim is the most
neglected person in the Criminal Justice System.

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