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INTRODUCTION
TO
CRIMINOLOGY
M.C PABLO
COMPILED BY:
“Know yourself and your enemy, if you
know yourself and not the enemy for
every battle you will be a foul who will
meet defeats, but if you know yourself
and the enemy, you need not fear the
result of a hundred battles”
---Sun Tsu,“Art of War”
THE FOUR PERSPECTIVES OF
CRIMINOLOGY
•Criminology is the study of crime from four
different perspectives. These include legal,
political, sociological, and psychological.
*Criminology: Overview & History of the Field.
(2015, July 15). Retrieved from
https://study.com/academy/lesson/criminology-o
verview-history-of-the-field.html
•
•Initially, criminology examines crime from
a legal point of view. This means that the
criminal behavior is examined as it is in
violation of the law. Sometimes this means
that criminologists will evaluate the laws
themselves, while other times this means
that criminologists will examine how
criminal laws are created by criminal
activities.
CONT…
• Next, criminology looks at crime from
a political perspective. In this regard, crime is
deemed to be caused by breaking laws created
by powerful political groups. These laws
indicate illegal behavior. Those who support
this point of view indicate that laws exist to
further the interest of the politically powerful;
crimes consist of activity that the powerful
believe to be a threat to their interests. As a
result, the laws do not always relate to what one
might naturally think of as right and wrong.
CONT..
•Another criminology point of view is
the sociological perspective. The sociological
perspective focuses on the social, political, and
economic problems which give rise to the
crime. For example, this perspective considers
an offender's home situation, employment, race,
education level, social situation, and more in
order to assess why an offender committed a
crime.
CONT..
•The last perspective of criminology
is the psychological perspective.
Under the psychological point of
view, crime is viewed as a form of
problem behavior which is due to an
offender's inability to live in harmony
with the environment
WHAT IS
CRIMINOLOGY?
REMEMBER ME, EVERYDAY!
● CRIMINOLOGY
● a body of knowledge regarding delinquency and crime
as a social phenomenon;
● the study of cirmes and criminals and attempt of
analyzing scientifically their causes and control and
treatment of criminals; (Modernist)
● the process of studying crimes in an accepted manner;
(scientific)
● it is a study of crime as a social phenomenon, or of
criminals - the mental traits, habits and discipline;
(Sutherland and Cressy)
● it is a study of crimes and its treatment; (Elliot and
Merill)
REMEMBER ME, EVERYDAY!
● CRIMINOLOGY
● is a multidisciplinary study of crimes (Bartol,
1995);
● Field of Criminology
● Sociology of Criminology
● the study of crime focused on the group of people and
society as a whole;
● variables of crimes are socioeconomic status, interpersonal
relationships, age, race, gender and cultural groups of people
are probed in relation to the environmental factors conducive to
criminal action.
INTRODUCTION
• Criminology
• in a broadest sense is defined as the science or
discipline that studies crime and criminal behavior.
• However, specifically, the field of criminology is more
focus on the study on forms of criminal behavior,
the causes of crime, the definition of the different
terminologies in the study of criminality, and the
societal reaction to the criminal activities.
• Other areas of related fields of study such as juvenile
delinquency, and victimology.
ORIGIN OF CRIMINOLOGY
● CRIMINOLOGY
● it is a study of all subject matters necessary in understanding
and preventing crime, the punishment and treatment of
criminals;(Taft)
● derived from the Latin word CRIMEN, which means
"accusation";
● derived from the Greek word LOGIA, which denote "study of";
● is the scientifc study of the nature extent, causes and control of
criminal behavior in both the indivivual and in society;
● in 1885 the Italian Law Professor RAFFAELE GAROFALO
coined the term CRIMINOLOGIA;
● French Anthropologist PAUL TOPINARD used an analogous
French term "CRIMINOLOGIE";
CRIMINOLOGY
In its broadest sense is the entire body of
knowledge regarding crimes, criminals, and the
effort of the society to prevent and suppress
them.
In its narrowest sense it is the study of
crime as a social phenomenon.
CRIMINOLOGY DEFINED
•“ the study of crime, society’s responses to it ,and
its prevention, including examination of the
environmental, heredity, or psychological causes of
crime, modes of criminal investigation and
conviction, and the efficacy of punishment or
correction as compared with forms of treatment or
rehabilitation
•The scientific study of crime as a social
phenomenon, of criminals, and of penal treatment.
RA 6506 AND RA 11131
•R.A. 6506 –An Act Creating the Board of
Examiners for Criminologists in the
Philippines and other purposes. Approved &
became effective on July 1, 1972. You may
open this link to see the full coverage.
(https://prc.gov.ph/uploaded/documents/CRI
MINOLOGIST%20LAW.PDF
CONT…
•RA 11131- An Act Regulating The Practice Of
Criminology Profession In The Philippines,
And Appropriating Funds Therefor,
Repealing For The Purpose Republic Act No.
6506, Otherwise Known As "An Act Creating
The Board Of Examiners For Criminologists
In The Philippines" You may open this link to
see the full coverage.
6 AREAS IN CRIMINOLOGY
R.A 6506
R.A 11131
WHO IS CRIMINOLOGIST?
•Criminologist = is a person who is a
graduate of the Degree of Criminology, who
has passed the examination for
criminologists and is registered as such by
the Board
OBJECTIVES OF CRIMINOLOGY
1).The development of a body of general or that is
applicable to all, and verified or proven principles
regarding origin, causes, and elements of crimes
and of other types of knowledge regarding the
process or course, method of manipulation of law,
crime and its control and prevention and the
treatment of youthful offenders; and
CONT….
2.)The immediate application of knowledge to
programs of social control of crimes. If there are
no means of social control, there will be chaos
and disorganization.
PURPOSES OF STUDYING
CRIMINOLOGY
• To prevent the crime problem
• To understand crimes and criminals
• To prepare for a career in law enforcement and
scientific crime detection
• To develop an understanding of the constitutional
guarantees and due process of law in the
administration of justice.
• 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.
SCIENCES THAT DOMINATED
CRIMINOLOGY
• Sociology – The study of crime focused on the group
of people and society as a whole.
• Psychology – The science that studies behaviour and
the mental processes of the criminal.
• Psychiatry – The science that deals with the study of
crime through forensic psychiatry, the study of
criminal behaviour in terms of motives and drives.
SCOPE OF CRIMINOLOGY
• The making of laws – This pertains to the
examination of the nature and structure of laws
in the society which could be analyzed
scientifically and exhaustively to learn crime
causation and eventually help fight them.
• The breaking of laws – It is concentrated in the
scientific analysis of the causes of crimes. In
short, it determines the varied reasons why laws
are violated
• The reaction towards the breaking of laws – This
involves the study of the reaction of people and
government towards the breaking of laws.
DIVISION OF CRIMINOLOGY
• Criminal Etiology – The scientific analysis of
the causes of crimes
• Sociology of Law – The study of law and its
application.
• Penology or Correction – The study that
deals with the punishment and the treatment of
criminals.
• Criminalistics – The study of criminal things.
IMPORTANCE OF STUDYING
CRIMINOLOGY
• A source of Philosophy of life – The
knowledge derived from studying crime is a
good foundation for an individual’s
philosophy and life style.
• A background for a profession and for social
service
• Criminals are legitimate objects of interest
• Crime is a costly problem
SCOPE OF THE STUDY OF
CRIMINOLOGY
1. study of the origin and development of criminal law
2) study of the causes of crimes and development of
criminals.
3) study of the different factors that enhances the
development of criminal behavior, such as:
BRANCHES OF
CRIMINOLOGY
Criminal Etiology = is the study of the cause or origin
of crime . It study the primary reasons for crime
commission.
Sociology of law = attempt at scientific analysis of the
condition which the penal/criminal laws has
developed as a process of formal or social control.
Penology = branch of criminology which focus on the
management of jail.
EMERGENCE OF CRIMINOLOGY
When ones right is infringed and the victim believed that
he has recourse to the Court of Justice, he has to
consult a lawyer. On the other hand, when the society is
disturbed by rampant criminalities the authorities have
to seek the expertise of a Criminologist.
The existence of crime date back from time
immemorial. Biblically, the Heavenly Father gave (10)
Commandments to Moises. Embodied in the scripture
are number of prohibitions and restrictions, which today
are found in the man made laws.
CONT….
Early leaders imposed several measures to
minimize Criminalistics but the fields of
Criminology, as a branch of knowledge, which
deals, on the explanations of Criminalistics has yet
to come. Laws and order were imposed brought by
the necessity of either preventing offender from
committing crime or punishing those who had
committed it rather than explaining crime and
understanding the root cause of the problem.
CRIMINOLOGY IN EUROPE
1.) Cesare Becarria (Cesare
Bonesa Marchese di Beccaria)
author of Essay on Crimes and
Punishment (1764) laid down the
foundation of the Classical School
of Criminology.
CONT…..
2. Cesare Lombroso, author of Criminal in Relation to
Anthropology and Jurisprudence (1870) introduced the
concept that some persons are born criminal because
of the presence of physical stigmata or anomalies. Also
authored Luomo Delinquente (The Criminal Man). He
founded the Positivist School of Criminology and is
considered the father of Modern Criminology.
CONT…..
3. Raffaele Garofalo
An itallian Law professor who coined the
term Criminologia in 1885.
4. Paul Topinard
French Antropologist, who introduced the
term Criminologie in 1887.
CRIMINOLOGY IN THE UNITED
STATES
1. In the 19th
Century, Criminology was accepted
as a field of study by the department of
Sociology of a growing University in the U.S.
A survey method on 1901 indicated that
Criminology and Penology were among the
first courses offered in U.S Colleges and
Universities under the general title “Sociology”
CONT….
2.American Sociologist, like most
European Scholars were deeply
impressed by many of Lombrosion
arguments, but its not until about
1915, after publication of Charles
Buchman Goring’s work that a
strong environ mentalities was
cultivated.
3. Edwin H. Sutherland, one of
the founding scholars of American
Criminology offered in 1947, the
definition of Criminology
CRIMINOLOGY IN THE
PHILIPPINES
1. In 1950’s the Philippine College of Criminology
(PCCr) was established. It was the 1st
ever educational
institution, the pioneering College of Criminology
Education for Scientific Crime Detection in the whole
South East Asia.
The Plaridel Educational Institution, College of
Criminology Manila. The 1st
government recognized school
to teach the Science of Fingerprint and other Police Science.
CONT…..
•2. In 1960’s, Criminology course was offered by
different Colleges throughout the country:
a.University of Manila, Sampaloc, Manila
b.Abad Santos Colleges, Manila
c.Universtity of Visayas, Cebu City
d.University of Mindanao, Davao City
e.University of Baguio, Baguio City
CONT…
•3.Two (2) Criminology Professional
Organizations were established:
a.The Philippine Educators Association
for Criminology Education (PEACE,
1983)
b.The Professional Criminologist
Association of the Philippines (PCAP)
CONT…
•4. R.A no. 6506 an “Act Creating the Board of
Examiners for Criminologist in the
Philippine and for other purposes” was
approved in August 1987.
By virtue of R.A no. 6506, the 1st
Criminology
Licensure Examination was given in 1988.
SALIENT FEATURES OF THE
LAW
Hereunder are some of the important features of R.A no. 6506.
1.What is the composition of the Board and their term of office?
The Board of Examiners for Criminologist in the Philippines shall
composed:
a. Chairman; and
b.Two (2) members
CONT…
They shall be appointed by the President of
the Philippines with the consent of the
Commission on Appointment (Sec1) for a term of
three (3) years (sec4).
2. What are the qualifications of an examinee
(qualification for examination).
Any person applying for examination and for
a certificate shall prior to admission to
examination, establish to the satisfaction of the
board.
CONT…
a.) He is at least 18 yeas of age and a citizen of the
Philippines.
b.) He must be a person of good moral character, as
certified by at least (3) persons of good standing in the
community wherein he resides.
c.) He must not have been convicted of a crime
involving moral turpitude; and
CONT….
d.) He has graduated in Criminology from a school,
College or Institute recognized by the Government,
after complementing a four year resident collegiate
course leading to the degree of Bachelor of
Science in Criminology (BS Crim.). Provided, that
holders of Bachelor of Laws degree may, within (5)
years after the approval of this Act, take this
examination after complementing at least (94)
units of Criminology, Law Enforcement, Police
Science and Penology subjects. (Section 12).
SCOPE OF EXAMINATION
The examination shall be in writing and shall cover the
following with their respective weights.
Subjects Relative Weight
Criminal Jurisprudence 20%
Law Enforcement Administration 20%
Crime Detection Investigation 15%
Criminalistics 20%
Criminal Sociology 15%
Correctional Administration 10%
BRIEF HISTORY OF
CRIMINOLOGY
• Records during the
Middle Ages (
1200-1600), people who
violated social norms or
religious practices were
believed to be witches or
possessed by demons on
under the influences of
evil spirits.
• It was a common practice
during those times, to
used cruel torture to
extract confessions.
BRIEF HISTORY OF CRIMINOLOGY
•Those convicted of violent
crimes or theft crimes
suffered extremely harsh
penalties, including
whipping, branding,
maiming, and
execution.
•An estimated 100,000
people were prosecuted
in Europe for witchcraft
during 16th
and 17th
century.
CLASSICAL CRIMINOLOGY
•By the middle of the 18th
century, social
philosophers studied and argued and began to
look for a more rational approach in imposing
punishment.
•Social reformers sought to eliminate cruel
public executions which were designed to
frighten people into obedience.
•They stressed that the relationship between
crime and punishment should be balanced and
fair
CLASSICAL CRIMINOLOGY
•One of the social reformer who
worked for the implementation of
said reform, was Cesare
Beccaria(1738-1794) who was one
of the first theories to develop a
systematic understanding of why
people committed crime.
•According to him, the crime
problem could be traced it to bad
people but to bad laws, that a
modern criminal justice system
should guarantee all people equal
treatment before the law
THE WRITINGS OF BECCARIA, CLASSICAL
CRIMINOLOGY WITH THE FOLLOWING BASICS
ELEMENTS
•In every society, people have free will
to choose criminal or law solutions to
meet their needs or settle their
problem
•Criminal solutions may be more
attractive than lawful ones because
they usually require less work for
greater payoff
THE WRITINGS OF BECCARIA, CLASSICAL
CRIMINOLOGY WITH THE FOLLOWING BASICS
ELEMENTS
•A person’s choice of criminal
solutions may be controlled by his
fear of punishment;
•The more severe, certain and swift
the punishment, the better it is to
control of criminal behavior;
BECCARIA
• Published the book “ On Crimes and
Punishment “ it supplied the blueprint
• Social action should be based on the utilitarianism
principle of the greatest happiness for the greatest
number.
• Crime is an injury to society and the only rational
measure of crime is the extent of the injury;
• Crime prevention is more important than punishment;
• The purpose of punishment is to prevent crime.
BECCARIA
BECCARIA
•Punishment should be based on the
pleasure /pain principle.
•Punishment should be based on the
act, not on the actor.
•It is better to prevent crimes than
to punish the offender.
JEREMY BENTHAM’S
UTILITARINISM
•Devoted his life to developing a
scientific approach to the making
and breaking of laws.
•Like Becarria, he was concerned
with achieving “ the greatest
happiness of the greatest number
“ of bringing happiness (pleasure)
or unhappiness (pain).
JEREMY BENTHAM’S
UTILITARINISM
•Classical School of Criminology’s concept
of human nature as governed by the
doctrine of “ free will” and rational
behavior, contains the following principles;
1. All human being, including criminals,
will freely choose either criminal ways
or non-criminal ways, depending on
which way they believe will benefit
them
JEREMY BENTHAM’S
UTILITARINISM
2.Criminals will avoid behaviors that will bring
pain and will engage in behaviors that will
bring pleasure;
3.Before deciding which course of action to
take, criminals will weigh the expected
benefits against the expected pains;
4.Criminals are responsible for their
behaviors.
5. Criminals act over and against their
environments.
• They are not victims of their environment.
6. Criminal go through a thinking process
whereby they take a variety of factors
into account before they make a final
decision on whether or not to commit a
criminal act.
7. Criminals are totally responsible for their
behaviors.
JEREMY BENTHAM’S UTILITARINISM
JEREMY BENTHAM’S
UTILITARINISM
8. Environment forces do not push, pull, or
propel individuals to act.
• An individual acts willfully and freely.
9. Offenders are not helpless, passive, or
propelled by forces beyond their control.
10. Each criminal act is a deliberate one,
committed by a rational, choosing person
who motivated primarily by the
pleasure-pain principle.
THE NEOCLASSICAL CRIMINOLOGY
•The Neoclassical Criminology School
•Based on the concept of free will.
•If a person violates a law, he has to
be guided by reason, since people
are responsible for their behaviors,
and punishment can control
behaviors.
•The pain from one punishment
must exceed the pleasure that
comes from committing a criminal
act.
THE NEOCLASSICAL CRIMINOLOGY
• Because it incorporated the practical
modifications needed for the administration of
criminal law and justice.
• For example, the neoclassical criminology
recognizes differences in criminal
circumstanced, such as, juveniles and persons
with mental and physical defects or disorders,
cannot reason out or have limited abilities to
reason.
THE NEOCLASSICAL CRIMINOLOGY
•Therefore, they cannot
possibly distinguish the
right from the wrong, the
rational from irrational and
sane from the insane
behavior
THE POSITIVIST CRIMINOLOGY
• August Comte (1798-1857) is considered the
founder of positivist school and sociology.
• He applied scientific methods in the study of
society, from where he adopted the word
sociology.
• He wants a society in which all social problems
will be solved by scientific methods and
research.
• He believe that large groups of people such as a
society, to be a subject of scientific study can
lead to the discovery of specific laws that
would greatly help them.
THE POSITIVIST CRIMINOLOGY
• The positivist school of criminology is generally
associated with Cesare Lombroso, Enrico Ferri, Gabriel
Tarde, and Rafaelle Garofalo.
• The religious leaders during the time of positivism,
referred to Lombroso, Ferri and Garofalo as the
“unholy three” because of their belief in evolution as
contrasted to Biblical interpretation of the origin of
man and woman.
• The three have also been called the “holy three of
criminology” because their emergence “symbolized”.
THE THEORY OF CESARE
LOMBROSO
• Cesare Lombroso
• is known as the father of modern criminology,
althought most of his ideas have been discribed
today.
• After completing his medical studies, Lombroso
served as an army physician, became a professor
of psychiatry at the University of Turin, and later in
his life accepted an appoinment as professor of
criminal anthropology
• His theory of the “born criminal” was
repeatedly viewed and considered as
lower form of life, nearer to their
apelike ancestors than the
non-criminals in traits and dispositions.
• They can be distinguished from
non-criminal by various atavistic
stigmata, which refers to the physical
features of creatures at an earlier stage
of development, before they became
fully human beings.
The Theory of Cesare Lombroso
• According to Lombroso’s theory criminals are
usually in possession of huge jaws, and
strong canine teeth, a characteristic common
to carnivores who tears and eat raw meat;
• The arm span of criminals is often greater
than their height, just like that of apes, who
use their forearms to push themselves along
the ground.
• An individual born with any five of the
stigmata is a born criminal.
The Theory of Cesare Lombroso
The Theory of Cesare Lombroso
• He also included in his studies the criminal’s distinct physical
and mental stigmata.
• They include deviation in head size, and shape from the type
common to the race and religion from which the criminal came;
• asymmetry of the face; excessive dimentions of the jaw and
check bones; eye defects and peculiarities; ears of unusual size;
The Theory of Cesare Lombroso
• Occasionally very small, or standing out
from the head as those of the chimpanzee;
• Nose twisted, upturned, or flattened in
thieves, or aquiline or beaklike in
murderers, or with a tip rising like a peak
from swollen nostrils; fleshy lips, swollen,
and protruding; pouches in the cheek like
those animal’s toes; and imbalance of the
hemispheres of the brain.
• Lombroso’s work supported the idea that
the criminal was a biologically and
physically inferior person
The Theory of Cesare Lombroso
• Cesare Lombroso as a medical doctor, scientist, and clinician
applied the scientific method to the measurement of
criminal’s skull.
• He tried to pursued this study and focused on the hereditary
components of criminal behavior, although he also
acknowledged the role of social factors.
The Theory of Cesare Lombroso
The Theory of Cesare Lombroso
1. The theory of atavism.
• Lombroso had the opinion that
criminals were developed from
primitive or subhuman
individuals characterized by
some inferior physical and mental
characteristics, which can be
identified;
• He spent much of his life in
finding answers to his biological
defects trying to identify their
physical characteristics.
The Theory of Cesare Lombroso
2. The application of the
experimental or scientific method
to the study of the criminal.
• Lombroso spent endless hours
measuring criminally insane
persons and epileptic’s skull;
The Theory of Cesare Lombroso
3. The development of a criminal topology.
• Although Lombroso’s system of classification is considered crude
and not adopted today, he still attempted to categorize and
classify these type:
• -epileptic criminal;
• -insane criminal;
• -born criminal;
• -occasional criminal:
He also identified the various types of occasional criminals:
• -pseudocriminal;
• -criminaloids;
• -habitual criminals;
• -passionate criminals;
• -political criminals;
The Theory of Cesare Lombroso
4. The belief in the indeterminate sentence.
• Penalties should be indeterminant so that those
other than “ born” criminals who were
incorrigible could be worked with and
rehabilitated.
5. The application of statistical techniques to
criminology.
• Although crude and with the use of questionable
control groups, Lombroso used statistical
techniques to make criminological
predictions.
The Theory of Cesare Lombroso
CESARE BONESANA MARCHESE DI BECCARIA (
1738-1794 )
• One of the founders of the classical school of
criminology;
• Born in Milan, Italy and a graduate of Law from the
University of Pavia;
• After graduating, he joined a group of articulate and
radical intellectuals called the Academy of Fist.
CESARE BONESANA MARCHESE DI BECCARIA (
1738-1794 )
• He published a book
entitled “ On Crimes and
Punishment “ in July
1764;
• this book presented a
coherent and
comprehensive designed
for an enlightened criminal
justice system that was to
serve the people rather
than the monarch.
CESARE BONESANA MARCHESE DI BECCARIA (
1738-1794 )
• His book contains almost the modern penal
reform but its greatest contribution was the
foundation it laid for subsequent changes in
criminals legislation;
• His books “ crimes and Punishment “ was
influential in the reforms of penal code in
France, Russia, and it influenced the first
Ten amendments to the US Constitution
THE FOLLOWING ARE THE PRINCIPLES THAT BECCARIA
PROPOSED
• Laws should be used to maintain social
contract;
• Only legislators should create Laws;
• Judges should imposed punishment
only in accordance with the law;
• Judges should not interpret law;
• Punishment should be based on the
pleasure and pain principle.
THE FOLLOWING ARE THE PRINCIPLES THAT BECCARIA
PROPOSED
• Punishment should be based on the act , not on the
actor.
• The punishment should be determined by the crime
• Punishment should be prompt and effective
• All people should be treated equally
• Capital punishment should be abolished
• The use of torture to gain confession should be
abolished;
• It is better to prevent crimes that to punish criminals.
ENRICO FERRI
• Member of the Italian Parliament;
• He believed that criminals could not be held morally responsible
because they did not choose to commit crimes but was driven to
commit them by conditions of their lives.
ENRICO FERRI WAS ALSO RESPONSIBLE FOR A
CLASSIFICATION SYSTEM OF CRIMINALS
•Born criminals
•Insane criminals
•Passionate criminals
•Occasional criminals
•Habitual criminals
RAFFAELLE GAROFALO
• Italian magistrate, senator and professor of
law;
• He rejected the doctrine of free will and
supported the position that the only way to
understand crime was study it by scientific
methods;
• He traced the roots of criminal behavior not
to physical features but to their
psychological equivalent which he referred to
as moral anomalies
GAROFALO CLASSIFIED CRIMINAL
• Murderers
• Violent criminals
• Thieves
• Lascivious criminals
GABRIEL TARDE
• Introduced the Theory of Imitation, which
governs the process by which people became
criminal;
• According to him, individuals emulates behavior
patterns in much the same way that they copy
style dress;
• Pattern (1) individual imitate others in
proportion to the intensity of and frequency of
their contacts;
• Pattern (2) inferiors imitate superiors;
• Pattern (3) when two behavior pattern clash,
one may take the place of the other
ADOLPHE QUETELET
• Belgian mathematician and astronomer
who repudiated the free will doctrine of
the classicist;
• He concluded that it is the society, not the
decisions of individual offenders, that
responsible for criminal behavior
SOCIOLOGICAL CONCEPT AND
CRIME CAUSATION
•A person becomes a criminal, a delinquent, or
results to deviant behaviors.
•All of these are classified by sociologist as social
behaviors learned in a society.
•Generally, man is aggressive and dependent on
other human being to fulfill their needs and before
they were born.
• Assessment 2. Infographics about the terms, person related to Introduction to
Criminology
• Create an infographic about person, terms related to Introduction to Criminology
• Choose your own topic related to Introduction to Criminology
• The infographic shall be converted to JPEG/PNG.
• Make sure you emphasize the relation or involvement in the field of Criminology
of the topic you have chosen.
• Make sure to cite/mention your references in the last part using APA 6TH
EDITION.
• Put a title at the top part, while your Name and Section shall be at the lower part.
• Include pictures and salient concepts related to your chosen topic related to
Introduction to Criminology.
• The catchy or noticeable infographics will be posted on my FB timeline for exposure,
and automatically graded as 100 points.
DIFFERENTIAL ASSOCIATION
THEORY
• This theory maintain that people learn to
commit crime as a result of contact with
anti-social behaviors, attitudes, and
criminal behavior patterns.
• The theory includes the view of how man
respond to any given situation
depending on the culture he was reared.
• This theory serves as the learning
process of misguided behaviors where
criminal act is principally through social
interaction.
DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS
PROPONENT AND AUTHOR, EDWIN SUTHERLAND
• Criminal behavior is learned through
interaction with other person in a
process of communication.
• A person does not become a criminal
simply by living in a criminal
environment.
• Crime is learned by participation with
others in verbal and nonverbal
communication.
DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS
PROPONENT AND AUTHOR, EDWIN SUTHERLAND
• The principal part of learning of
criminal behavior occurs within
intimate personal groups.
• Families and friends have the
most influence on the learning of
deviant behaviors.
• Their roles in communication is far
greater than the mass media, such
as movies, television, and
newspapers.
DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY
ITS PROPONENT AND AUTHOR, EDWIN SUTHERLAND
• When criminal behavior is learned, the
learning process includes:
a) Techniques of committing the crimes,
which are sometimes very
complicated, sometimes very simple.
• Young delinquents learn not only
how to steal, shoplift, pickpocket
and rob but also how to
rationalize and depend their
illegal acts.
• In other words, criminals too, learn
skills and gain experience.
DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS
PROPONENT AND AUTHOR, EDWIN SUTHERLAND
• The specific direction of motives and
drives is learned from the definitions
of the codes as favorable or
unfavorable.
• In some societies a person is
surrounded by people who invariably
define legal codes as rules to be
observed, while in others he is
surrounded by persons whose
definitions are favorable to the
violation of the legal codes.
DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS
PROPONENT AND AUTHOR, EDWIN SUTHERLAND
• A person becomes delinquent because
of an excess of definitions favorable to
violation of law over definitions
unfavorable to violation of law.
• This is the key principle of differential
association, the thrust or to push with
force, the theory.
• In other words, learning criminal
behavior is not simply a matter of
associating bad companions.
DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY
ITS PROPONENT AND AUTHOR, EDWIN SUTHERLAND
• Differential associations may differ in
frequency, priority, duration, and intensity.
• The extent to which one’s
association/definitions will result in
criminality, is related to the frequency of
contacts, the extent of duration, and their
meaning to the individual.
• The process of learning criminal behavior by
association with criminal and anti-criminal
patterns involves all the mechanisms that
are involved in any other learning.
DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS PROPONENT
AND AUTHOR, EDWIN SUTHERLAND
• While criminal behavior is an
expression of general needs and
values, it is not explained by those
general needs and values, since
non-criminal behavior is an
expression of the same needs and
values.
• Shoplifters steal to get what he want.
• Others work to get money to buy
what they want.
FINAL TOPICS
•
CONFLICT THEORY
• This theory view human behavior,
as shaped by interpersonal conflict
between those who maintain social
power who use it to further their
own needs.
• Conflict theory further explain social
inequality, forces people to commit
some crimes, such as burglary and
robbery, as a means of social and
economic survival, whereas other
crimes, such murder, homicide,
assault and drug use.
• Karl Marx (proponent)
THE THEORY OF SOCIOPATHY
•Sociopathy
•refers to pattern of behavior exhibited alike by
many offenders and non offenders.
•Some theorists believes that the sociopath is
mentally ill;
•however, others do not partly, because some
sociopathic personalities do not engage in
criminal behavior, and others who are not
sociopathic, do engage in criminal activity.
INTROVERT VS. EXTROVERT
SYMPTOMS OF SOCIOPATHIC
PERSONALITY
• Egocentricity.
• The sociopath is self-centered and “ me “ oriented.
• His word is himself and the goal in any interaction is to
serve himself.
• Asocial behavior.
• This sociopath is often a loner, he behaves without
regard for social norms.
• Insensitivity to others.
• The sociopath is unable to take the role of others and
experience how others may be feeling.
SYMPTOMS OF SOCIOPATHIC
PERSONALITY
• Hostility.
• Most of the time, sociopaths are angry at “ others” they
are also aggressive people and throw temper tantrums
when thing do not working the ways that they expect.
• Lack of concern for the rights and privileges of others.
• The sociopath is concerned only with his rights and
privileges.
• He lives by a double standard.
SYMPTOMS OF SOCIOPATHIC
PERSONALITY
• Impulsive behavior.
• The sociopath is not a planner.
• He is spontaneous in his actions and words.
• Poor loyalty and social relations.
• Sociopaths generally do not have close Friends.
• They do not have loyalty to those persons to whom
most people feel loyal: parents,siblings, and spouses.
SYMPTOMS OF SOCIOPATHIC
PERSONALITY
• Poor planning and judgment;
• failure to learn from experience.
• Sociopaths generally make the same mistakes over and
over.
• Projection of blame onto others.
• If things go wrong for the sociopath, instead of accepting
responsibility, he places the blame on others.
• Lack of responsibility. The sociopath does not see himself
as having a duty or obligation to anyone or anything.
THE ROLE OF HEREDITY
• The Juke Family;
• During the early 20th
century a famous author Dugdale,
studied the known Juke Family, to prove that antisocial
behavior was genetic.
• Juke, the elder, was a salesman who sired several
children born out of wedlock whose mothers were
mostly from brothel because, with some bad
reputation.
• Out of these illegitimate children were criminals,
Robbers, embezzlers, forgers, prostitutes, and
members of the underworld.
• Dugdale concluded in his study of the Jukes that
certain people have bad genes and are born to be
criminals.
• Such bad genes can be transferred from one
generation to the next generation.
• Edwards Family
• 1 U.S. Vice-President (Aaron
Burr)
• 3 U.S. Senators
• 3 governors
• 3 mayors
• 13 college presidents
• 30 judges
• 65 professors
• 80 public office holders
• 100 lawyers
• 100 missionaries, pastors and
theologians.
• Jukes Family
• 310 of the 1,200 were professional
paupers—more than one in four.
• 300 of the 1,200—one in four—died
in infancy from lack of good care
and good conditions.
• 50 women who lived lives of
notorious debauchery.
• 400 men and women were
physically wrecked early by their
own wickedness.
• 7 were murderers.
• 60 were habitual thieves who spent
on the average twelve years each in
lawlessness.
• 130 criminals who were convicted
more or less often of crime.
THE JUKE FAMILY
THE ROLE OF HEREDITY
• Goddard studies the Kallikak Family, which was traced back
to a revolutionary war soldier who married a good Quaker
woman, but got himself sexually related to a feebleminded
girl.
• Both women had children with the elder Kallikak.
• The offspring from the Quaker woman were considered normal
and good people by Goddard, and the children from the
feebleminded girl were considered antisocial and produced a
long line social misfits.
• The lesson learned was that feeblemindedness can be
inherited, and that such union can produce social inadequacy,
deviation and criminality
THE ROLE OF HEREDITY
THIS FORMULA GIVES THE
PERSON’S I.Q.
• The IQ range is as follows;
❖ Very superior 140-169
❖ Superior 120-139
❖ High average 110-119
❖ Normal 90-109
❖ Low average 80-89
❖ Borderline defective 70-79
❖ Mentally defective 30-69
FINDING ON CRIME AND
INTELLIGENCE RELATION
• The classic studies of the Juke and Kalikak families were among
the first to show that feeblemindedness or low intelligence was
inherited and transferred from one generation to the next.
• Numerous tests were likewise conducted that lead to the
development of the use of I.Q. test as a testing procedure for
offenders.
• The very first results deemed to confirmed that offenders had low
mental abilities.
• They were found to be mentally impaired and incapable of managing
their affairs.
FINDING ON CRIME AND
INTELLIGENCE RELATION
• Authorities such as Bartol, Wilson, and Herrstein
indicates evidence that intelligence is inherited, as
shown by the numerous studies conducted,
supporting the idea of a link between criminality
and low intelligence.
PHYSIOLOGY OR SOMATOTYPE SCHOOL OF
CRIMINOLOGY
• This study, which searches the relation of body
build to behavior, became popular during the first
halt of the twentienth century.
BIOLOGICAL BODY TYPES
THEORIES
• There are a number of biological theories of crime
causation which indicate that, the criminal is inferior
to non criminals.
• Inferiority comes in terms of body and intellect and
both of these causes criminal behavior.
• Inferiority theories can take the form of the offender
being constitutionally inferior intellectually and
mentally
PHYSIOGNOMY
• Is the study of judging a person’s character from
facial features to determine whether the shape
of the ears, nose, and eyes, and the distances
between them were associated with anti-social
behavior.
• Johann Kasper Lavater presented and authored
his study.
CHARLES BUCKMAN GORING
• Studied phrenology or craniology
which deals with the study of the
external formation of the skull indicating
the conformation of the brain and the
development of its various parts which is
directly related to the behavior of the
criminal.
• Goring believed that criminal
characteristics were inherited and
recommended that people of such
characteristics should not be allowed
to reproduce.
• According to him, persons have
epilepsy, insanity, defective social
instinct, and feeblemindedness, were
among those were should not be
allowed to have children.
ERNST KRETCHMER (1888-1964)
• German pychiatrist who studied philosophy and
medicine at the University of Tubingen;
• He attempted to correlate body build and
constitution with characters or temperamental
reactions and mentality;
• He distinguished three (3) principal types of
physiques;
ERNST KRETCHMER (1888-1964)
• three (3) principal types of physiques
1. Asthenic – lean, slightly built, narrow
shoulders; their crimes are petty thievery
and fraud
2. Athletic – medium to tall, strong,
muscular, coarse bones; they are usually
connected with crimes of violence
3. Pyknic – medium height, rounded
figures, massive neck, broad face; they
tend to commit deception, fraud and
violence
WILLIAM SHELDON (1898-1977)
• He developed the study of the body or
somatotype school, which held that
criminals manifest distinct physiques
that make them susceptible to
particular types of delinquent
behavior, that links a relationship
between body type and criminal
behavior.
WILLIAM SHELDON (1898-1977)
1. Mesomorphic;
• active, asserttive, behave aggressively, athletic built, muscular, and
dominant.
• Labeled somatonic, and the most likely to become criminal.
2. Endomorphic;
• round, fat, short, tapering limbs and small bones, relaxed, and
comfortable.
• Labelled viscerotonic.
• Indulgence in fraud cases.
3. Ecolomorphic;
• thin, bony, introverted, full of functional complaints and hate crowds.
• Labeled cerebrotonic.
• Commits petty crimes
SOMATOTYPE THEORY
SIGMUND FREUD
• An Austrian neuro-psychologist who
founded the psycho-analytic theory of
criminality in which he attributed
delinquent and criminal behavior to a
conscience that is overbearing which
arouses feelings of guilt or a
conscience that is so weak that it
cannot control the individual’s impulses
and the need for immediate gratification.
• In his theory, personality is comprised of
the id, ego and superego
SIGMUND FREUD
• Id
• This stands for instinctual drivers, it represents our
unconscious biological needs for foods, sex, and
other life sustaining necessities including aggression
as well as primitive needs that are present at birth.
• This pleasure seeking part of human personality is
concerned about gratification of one’s wishes.
SIGMUND FREUD
• Ego
• This forms part of man’s physical organization between his
sensory stimuli on one hand and his motor activity on the
other.
• The ego operates on the basis of expediency.
• This puts into action the desires or wishes of the id and the
questions of right and wrong, safe or dangerous, permitted or
prohibited do not play an important role.
SIGMUND FREUD
• Super Ego
• This is the moral aspect of people’s personalities.
• This develops as a result of incorporating within the
personality the moral standards and values of
parents, community and significant others.
• This is also known as the conscience of our
personality.
NEUROSIS
• Is a common type of mental disorder used to
explain criminal behavior.
• Neurotic behaviors are behaviors that do not
grossly violate social norms or represents severely
disorganized personalities.
• Most neurotics are aware of their problems and my
not seek professional help.
NEUROSIS
1. Neurasthenia.
• This is a condition of weakened nerves, that manifest itself
in fatigue and nervousness and sometimes in physical
symptoms such pain.
2. Anxiety.
• This is also known as “ anxiety state “ with the person
feeling anxious, fearful anticipation or apprehension.
3. Obsessive-compulsive behavior.
• Obsessions are unwanted, repetitive, irresistible thoughts
or urges.
• Generally, the person knows that they are senseless, but is
unable to let go of the feeling.
NEUROSIS
4. Hysteria.
• It has two forms; true hysteria and histrionic behavior.
• Hysterics can be defined as unhealthy or senseless
emotional outburst coupled with violent emotional
outbreaks
5. Phobia.
• Are generally called exaggerated fears of things that
normal people fear to some degree and fears of things that
ordinary people do not fear;
6. Depression.
• People who suffer from depressive neuroses generally
have feelings of pain, hurt, unpleasantness, sadness,
rejection, self-pity, helplessness and despair
PSYCHOSES
• This is a common category of mental disorder used to explain
criminal behavior.
• Psychotic people loose contact with reality and we difficulty
distinguishing reality from fantasy.
1. Schizophrenia.
• Is manifested by delusion or hallucination.
2. Paranoia.
• Manifested by paranoids is a psychotic delusion
characterized by delusions which are incorrect or
unreasonable ideas which can be seen as truth by people
suffering from this disorder.
…
•TIBETAN PERSONALITY
TEST
…
Take your time with this test
and you will be amazed.
TAKE YOUR TIME WITH THIS
TEST
AND YOU WILL BE AMAZED.
•The Dalai Lama suggests you
read it to see if it works for
you.
Just 3 questions
and the answers will surprise
you.
WARNING ! !
Be honest and do not cheat by looking
up the answers.
The mind is like a parachute, it works best when it is
opened.
This is fun to do, but you have to follow the
instructions very closely.
Do not cheat.
(1) Put the following 5 animals in the order of
your preference:
Cow, Tiger, Sheep, Horse, Pig
(2) Write one word that describes each one of the
following:
Dog, Cat, Rat, Coffee, Sea.
(3) Think of someone, who also knows you and is important to you,
which you can relate them to the following colors.
Do not repeat your answer twice.
Name just one person for each color:
Yellow, Orange, Red, White, Green.
FINISHED?
Please be sure that your answers are what you
REALLY WANT.
ANSWERS: 1
This will define your priorities in your life.
Cow Signifies CAREER
Tiger Signifies PRIDE
Sheep Signifies LOVE
Horse Signifies FAMILY
Pig Signifies MONEY
2
Your description of dog implies your own personality.
Your description of cat implies the personality of your partner.
Your description of rat implies the personality of your enemies.
Your description of coffee is how you interpret
sex.
Your description of the sea implies your
own life.
3
Yellow: Someone you will never forget
Orange: Someone you consider your true friend
Red: Someone that you really love
White: Your twin soul
Green: Someone that you will remember for the rest of
your life
Sociology
It is the study of human society, Its origin, structure,
functions and direction.
Criminological research = study of the crime correlated
to with antecedent variables, state of crime trend.
Other fields of Studies related to Criminology:
❖a) criminal demography – the study of the
relationship between criminality and population
❖b) criminal epidemiology – the study of the
relationship between environment and criminality
❖c) criminal ecology – the study of criminality in
relation to the spatial distribution in a community
❖d) criminal physical anthropology – the study of
criminality in relation to physical constitution of men
❖e) criminal psychology – the study of human
behavior in relation to criminality
❖f) criminal psychiatry – the study of human mind in
relation to criminality
❖g) victimology – the study of the role of the victim in
the commission of a crime
CRIME
an act or omission in violation of a public law forbidding or
commanding it.
TRIANGLE OF CRIME
Desire
O
p
p
o
r
t
u
n
i
t
y
C
a
p
a
b
i
l
i
t
y
The physical
possibility for
crime to be
committed/ The
chance that the
offender must
have to commit
the crime
The ability or the
means of the
offender to
commit the crime
i.g. skills,
methods etc.
The wanting of the person
to commit the crime.
CRIME TYPOLOGY
STUDY OF CLASSIFICATION (TYPES) OF CRIME
Legal Classification Criminological
A. According to Law
Violated
B. According to Nature of
Act
C. According to Manner of
Committing the Crime.
D. According to Stage of
Commission
E. According to Plurality
F. According to Gravity
A. According to the Result of
Crime.
B. According to Period or time of
commission
C. According to the Length of time
of the commission
D. According to Place or location
E. According to the Use of Mental
Faculties.
F. According to Type of Offender.
SUB-CLASSIFICATION OF CRIMES
Delinquency = act not inconformity with the norms of society.
Criminal Law Crimes
Revised Penal
Code (Act 3815)
Felonies
Special Penal
Laws
Offenses
Ordinances Infraction of Law
Classes of Crimes
1. Crime Mala in Se = Acts that are outlawed because they
violate basic moral values such as rape, murder, assault and
robbery?
a. Intentional felony (IFI)
b. Non-intentional felony (IFN)
2. Crime Mala prohibita= acts that are outlawed because they
clash with current norms and public opinion, such as tax,
traffic and drug laws.
ELEMENTS OF A FELONY
a) INTENTIONAL FELONIES:
- felonies committed by means of dolo (deceit)
- the act or omission is performed with deliberate intent or malice
freedom or voluntariness
intelligence
intent
b) CULPABLE FELONIES:
- felonies committed by means of culpa (fault)
-the act or omission of the offender is not malicious and the
injury caused by the offender is unintentional, it being the
simply the incident of another act performed without malice
-Freedom (voluntariness)
-Intelligence
-Negligence or imprudence (lack of foresight/lack of skill)
LEGAL CLASSIFICATION OF CRIMES
1) as to the manner crimes are committed:
a) by means of dolo or deceit
b) by means of culpa or fault
2) as to the stages in the commission of crimes:
Consummated crime – when all the elements necessary for
its execution and accomplishment are present
Frustrated crime – when the offender has performed all the
acts of execution which will produce the felony as a
consequence but which nevertheless do not produce it, by
reason of causes independent of the will of the perpetrator
Attempted crime - when the offender commences the
commission of a crime directly by overt acts and does not
perform all the acts of execution which should produce the
felony by reason of some cause or accident other than his own
spontaneous desistance
3) according to plurality:
simple crime – single act constituting only one offense
Ex. Theft, Robbery, Homicide, Murder, Libel
complex crime – single act constituting two or more grave
felonies (compound crime) or an is a necessary means for
committing the other (complex crime proper).
Ex. Robbery with Homicide, Rape with homicide, Arson
resulting in death and damage to property.
4) according to gravity:
a) grave felonies – those to which the law attaches the
capital punishment or afflictive penalties (the imprisonment is
more than 6 years or fine of more than P6,000.00.They are
either 1. Heinous- the penalty is reclusion temporal to
reclusion perpetua or 2. Non heinous.)
b) less grave felonies – those to which the law attaches
correctional penalties ..(imprisonment of more than one
month but not more than 6 years or fine of P200.00 but not
more than P6,000.00)
c)
• light felonies – those to which the law attaches the penalty of
arresto menor or a fine not exceeding P200.00 (the penalty is
imprisonment of one day to thirty days or fine of not more than
P200.00)
CRIMINOLOGICAL CLASSIFICATION OF CRIMES
1) According to the result of the crime:
a. acquisitive crime – the offender acquires something e.g. theft,
robbery and estafa.
b. extinctive crime – the consequence of the act is destructive e.g.
homicide, murder, parricide and arson.
2) According to the place or location:
a) static crime – committed in only one place.
b) continuing crime – committed in several places.
3) According to the use of mental faculties:
a) rational crime – committed with intent and the
offender is in full possession of his sanity.
b) irrational crime – committed by an offender
who does not know the nature and quality of his
act on account of the disease of the mind.
4) According to the type of offender:
a) white-collar crime – committed by a person
belonging to the upper socio-economic class in the
course of his occupational activities.
ex. Graft and Corruption, Plunder, Money
Laundering, etc.
b) blue-collar crime – committed by ordinary
professional criminal to maintain his livelihood.
ex. Shoplifting, theft etc.
5) According to the time or period of the commission of the
crime:
a) seasonal crime – committed only during a certain
period of the year
b) situational crime – committed only when the situation
is conducive to its commission
6) According to the length of time of the commission of the
crime:
a) instant crime – committed in the shortest possible
time
b) episoidal crime – committed by a series of acts in a
lengthy space of time
Other Crimes:
Bias crimes = violent acts directed toward a particular
person or members of a group merely because the targets
share a discernible racial, ethnic, religious or gender
characteristics. Also called hate crimes.
Cleared crimes = two ways by which crimes are cleared: (1)
when at least one person is arrested, charged, and turned
over to the court for prosecution, (2) by exception means,
when some element beyond police control precludes the
physical arrest of an offender e.g. when he/she leaves the
country.
Corporate crimes = white collar crime involving a
legal violation by corporate entity, such as price fixing,
restraint of trade, or hazardous waste dumping.
Crime of reduction = crimes that are committed
when the offended party experiences a loss of some
quality relative to his her present standing such as when
they become victims of robbery or theft, but they may
also be victimized if their dignity is stripped from them
when they are taunted by racists.
Crimes of repression = crimes that are committed
when members of a group are prevented from achieving
their fullest potential because of racism, sexism, or some
status bias.
Cyber crime = the commission of criminal acts using the
instruments of modern technology such as computers or the
internet.
Economic crime = an act in violation of the criminal law
that is designed to bring financial gain to the offender.
Enterprise crime = the use of illegal tactics by a business
to make profit in the market place.
Expressive crime = a crime that has no purpose except to
accomplish the behavior t hand such as shooting someone.
Hate crimes = acts of violence or intimidation designed to
terrorize or frighten people considered undesirable because of
their race, religion, ethnic origin, or sexual orientation.
Inchoate crimes = Incomplete or contemplated crimes such
as criminal solicitation or criminal attempts.
Mission hate crimes = violent crimes committed by
disturbed individuals who see it as their duty to rid the world of
evil.
Organizational crimes = crimes that involves large
corporations and their efforts to control the market
place and earn huge profits through unlawful bidding,
unfair advertising, monopolistic practices, or other
illegal means.
Organized crimes = illegal activities of people and
organizations whose acknowledged purpose is profit
through illegitimate business enterprise.
Public Order crimes = acts that are considered
illegal because they threaten general well-being of
society and challenge its accepted moral principles.
Prostitution, drug use, and the sale of pornography are
considered public order crimes.
Reactive hate crime = perpetrators believe they
are taking a defensive stand against outsiders who
they believe threaten their community or way of life.
Retaliatory hate crime = offense committed in
response to a hate crime, real or perceived.
Statutory crimes = crimes defined by legislative
bodies in response to changing social conditions,
public opinion, and custom.
Trill-seeking hate crime = Hatemongers who
join forces to have fun by bashing minorities or
destroying property; inflicting pain on others give a
sadistic thrill.
Victimless crimes = crimes that violate the moral order
but in which there is no actual victim or target. In these crimes
which include drug abuse and sex offenses, it is society as a
whole and not an individual who is considered the victim.
White-collar crimes = illegal acts that capitalize on a
person’s status in the market place. It may involve theft,
embezzlement, fraud, market manipulation, restraint of trade,
and false advertising.
I. Crime of Rape
a. acquaintance rape = forcible sex in which offender
and the victim are acquainted with one another.
b. aggravated rape = rape involving multiple offenders,
weapons and victim injuries.
c. date rape = forcible sex during the courting
relationship.
d. gang rape = forcible sex involving multiple attacker.
e. marital rape = forcible sex between people who are
legally married to each other.
f. Serial rape =multiple rapes committed by one person
over time.
g. statutory rape = sexual relations between an
underage minor female and an adult male.
II. Crime of killing
Homicide = the killing of human being by another.
Parricide = the act of killing one’s own father, mother,
spouse or child.
Infanticide = killing of an infant less than 3 days old.
Sororicide = killing one’s own sister.
Fratricide = killing of one’s own brother
Matricide = killing of a mother by her own child.
Patricide = killing of a father by his own child.
Uxoricide = act of one who murders his wife.
Eldercide = the murder of a senior citizen.
Abortion (aborticide) = an act of destroying (killing) a
fetus in the womb.
Suicide = taking one’s own life voluntarily and
intentionally.
Regicide =the killing or murder or a king.
Vaticide = the killing of a prophet.
Euthanasia = mercy killing or the act or practice of
painlessly putting to death a person’s suffering from
incurable and distressing disease.
Involuntary manslaughter = a homicide that occurs as a
result of acts that are negligent and without regard for
the harm they may cause others, such as driving while
under the influence of liquor or drugs. (also known as
negligent manslaughter)
Voluntary manslaughter = a homicide committed in the heat
of passion or during a sudden quarrel; although intent may be
present, malice is not.
Mass murder = the killing of a large number of people in a
single incident by an offender who typically does not seek
concealment or escape.
Murder = the unlawful killing of a human being with
malicious intent.
Serial murder = the killing of a large number of people over
time by an offender who seeks to escape detection.
III. Crimes against Property
Acquaintance robbery = robbery who focus their
thefts on people they know.
Arson = the intentional or negligent burning of a
home, structure, or vehicle for criminal purposes
such as profit, revenge, fraud, or crime concealment.
Arson for profit = people looking to collect
insurance money, but who are afraid or unafraid to set
the fire themselves, hire professional arsonist.
Arson fraud = a business owner burns his or her
property, or hires someone to do it, to escape
financial problems.
Burglary = breaking into and entering a home or structure for
the purpose of committing a felony.
Carjacking = theft of a car by force or threat of force.
Churning = a white collar crime in which a stockbroker
makes repeated trades to fraudulently increase his/her
commission.
Commercial theft = business theft that is part of the criminal
law; without such laws the free enterprise system could not
exists.
Grand Larceny = theft of money or property of
substantial values, punished as a felony.
Larceny = taking for one’s own use the property of
another, by means other than force or threats on the
victim or forcibly breaking into a person’s home or
workplace; theft.
Petit (petty) larceny = theft of a small amount of money
or property, punished as a misdemeanor.
Pilferage = theft by employees through stealth or
deception.
Robbery = taking or attempting to take something of
value by force or threat of force and/or by putting the
victim in fear.
Shoplifting = the taking of goods from retail store.
TRANSNATIONAL
CRIME
Transnational Organized crime is a crime perpetuated
by organized criminal groups which the aim of
committing one or more serious crimes or offenses in
order to obtain directly or indirectly, a financial or other
material benefits committed through crossing of borders
or jurisdictions.
CATEGORIES OF
TRANSNATIONAL CRIME
Trafficking in Persons
Environmental Crime
Economic crime
Cyber crime
Piracy and Armed Robbery Against Ships
Intellectual Property Theft
Illicit Trade of Small Arms and Light Weapons
Money Laundering
Terrorism
Drug Trafficking
CRIMINAL
In the legal sense, a criminal is any person who
has been found to have committed a wrongful act in
the course of the standard judicial process; there must
be a final verdict of his guilt.
In the criminological sense, a person is already
considered a criminal the moment he committed a
crime.
GENERAL CLASSIFICATION OF CRIMINALS
1) On the basis of etiology:
a) acute criminals – persons who violate criminal law
because of the impulse of the moment, fit of passion or anger
b) chronic criminals – persons who acted in consonance
with deliberated thinking, such as:
b.1) neurotic criminals – persons whose actions arise
from the intra-psychic conflict between the social and
anti-social components of his personality
b.2) normal criminals – persons whose psychic
organization resembles that of a normal individual except
that he identifies himself with criminal prototype
2) on the basis of behavioral system:
a) ordinary criminals – the lowest form of criminal
career; they engage only in conventional crimes which
require limited skill
b) organized criminals – these criminals have a high
degree of organization that enables them to commit
crimes without being detected and committed to
specialized activities which can be operated in large scale
businesses.
c) professional criminals – these are highly skilled and
able to obtain considerable amount of money without
being detected because of organization and contact with
other professional criminals
3) on the basis of activities:
a) professional criminals – those who earn their living
through criminal activities
b) accidental criminals – those who commit criminal acts
as a result of unanticipated circumstances.
c) habitual criminals – those who continue to commit
criminal acts for such diverse reasons due to deficiency of
intelligence and lack of control.
d) situational criminals – those who are actually not
criminals but get in trouble with legal authorities because
they commit crimes intermixed with legitimate economic
activities.
Career criminals = a person who repeatedly violates
law and organizes his or her neighbors.
Professional criminals = offenders who make a
significant portion of their income for crime.
Professional fence = an individual who earns his or
her living solely by buying and retailing stolen
merchandise.
Reasoning criminal = According to the rational
choice approach, law-violating behavior occurs when an
offender decides to risk breaking the law after
considering both personal factors such as need for
money, revenge, thrills and entertainment and situational
factors such as how well a target is protected and the
efficiency of the local police force.
CRIMINAL LAW or PENAL LAW
Is that branch of public law which defines crimes, treats
of their nature and provides for their punishment .
Spanish Penal Code of 1870 = Considered as the main
source of the Revised Penal Code (Act 3815)
= Revised Penal Code (Act 3815)
took effect– Jan. 1, 1932
Approved: Dec. 8, 1930
= Special Penal Laws
= City and Municipal Ordinances
CHARACTERISTICS OF CRIMINAL LAW
1) It is general in application/ GENERALITY:
2) It is territorial in character/ TERRITORIALITY:
3) It is prospective or irretrospective/PROSPECTIVITY:
4) It is specific and definite.
5) It is uniform in application.
6) There must be a penal sanction or punishment.
EVOLUTION OF CRIMINAL LAWS
A) PREHISTORIC CRIME AND PUNISHMENT
Primitive Tribes
- punishment may be in the form of ostracism and
expulsion.
- adultery may be punished by the aggrieved husband
who may kill the adulterer and his own offending wife.
- crime may be avenged by the victim himself or by
the victim’s family.
Sumerian Code = (King Dungi) hundred years earlier than
Code of Hammurabi made from clay tablets.
1)CODE OF HAMMURABI
- Hammurabi, the king of Babylon during the
eighteenth century BC, is recognized as the first
codifier of laws
- it provides the first comprehensive view of the
laws in the early days.
- the Code was carved in stone.
- Principle of “ Lex Taliones” or “Oculo pro
oculo, dente pro dente” or the principle of “tit for
tat”,(an eye for an eye, tooth for a tooth) = the
principle which is basically describing the Code of
Hammurabi.
- under the principle of the law of talion, the
punishment should be the same as the harm
inflicted on the victim
2) THE HITTITES
- the Hittites existed about two centuries after
Hammurabi and eventually conquered Babylon
Highlights of the laws of the Hittites:
- capital punishment was used for many offenses,
except for homicide or robbery.
- rape, sexual intercourse with animals, defiance of
the authority and sorcery were all punishable by
death.
- the law of homicide provided for the restitution to
the victim’s heirs.
- law enforcement and judicial functions were placed
in the hands of commanders of military garrisons.
3) CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the seventh
century BC
Highlights of the Code of Drakon:
- death was the punishment for almost every offense
- murderers might avoid execution by going into exile; if they
return to Athens, it was not a crime to kill them
- death penalty was administered with great brutality
4) 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
Highlights of the Laws of Solon:
- the thief was required to return stolen property and
pay the victim a sum equal to twice its value.
- for the crime of temple robbery, the penalty was
death.
- for rape of a woman, the penalty was a fine of
certain amount.
5) ROME’S TWELVE TABLES
Roman law began with the Twelve Tables which were written in
the middle of the sixth century BC.
the Twelve Tables were the foundation of all laws in Rome and
written in tablets of bronze.
the Twelve Tables were drafted by the Decemvirs, a body of
men composed of patricians.
(Decemviri Consulari Imperio Legibus Scribundis)
Highlights of the Twelve Tables:
if a man break another’s limb and does not compensate the
injury, he shall be liable to retaliation
a person who committed arson of a house or a stack of
corn shall be burned alive
judges who accepted bribes as well as those who bribed
them were subject to execution
any act of treason was punishable by crucifixion
Two known written codes in the Pre-Spanish Era in the
Philippines was:
a. Maragtas Code (1250 AD) Datu Sumakwel of Panay.
b. Kalantiaw Code (1433 AD) (Datu Kalantiaw)
Pre-Classical Period
Demonological Theory = it maintains that criminal behavior
was believed to be the result of evil spirits and demons
something of natural force that controls his/her behavior.
School of thoughts = is a term that refers
to a group of beliefs or ideas that support
a specific theory.
Theory = is a set of statements devised to
explain behaviors, events or
phenomenon, especially one that has
been repeatedly tested and widely
accepted.
CLASSICAL CRIMINOLOGY
This school of thought is based on the
assumption that individuals choose to commit
crimes after weighing the consequences of
their actions. According to classical criminologists,
individuals have free will. They can choose legal or
illegal means to get what they want, fear of
punishment can deter them from committing
crime and society can control behavior by making
the pain of punishment greater than the pleasure of
the criminal gains.
SCHOOLS OF THOUGHT IN
CRIMINOLOGY
Classical Neo-Classical Positivist
= Philosophical Approach
= Free- Will Theory
(Rationale Choice Theory)
= “On Crimes and
Punishment)
= Cesare Beccaria
(Cradle of Criminology
Education) & Jeremy
Bentham
= Utilitarianism (Pain &
Pleasure)
= Greatest Happiness
= Felicific Calculus
=designed the
“Panoptican Prison”.
Principle of punishment :
Certainty of Punishment
Purpose of punishment :
Retribution (social
vengeance)
Modified the Classical
theory
= Although men have
free-will, there factors
that restrict their
exercise of free-will such
as pathology,
incompetence, insanity
or any condition that will
make it impossible for
the individual to exercise
free will entirely.
Composed mainly of
British philosophers who
continue the traditions of
classical criminology
within the framework of
“Right Realism”.
August Comte = father of
sociology
Positivist = the people
who followed the concept
of August Comte.
=Scientific Approach
= Cesare Lomroso (Father
of modern empirical
Criminology)
= Born criminal theory
(Atavistic
stigmata/atavistic
anomalies)
= focus on the concept of
Biological, psychological
and sociological
determinism.
Purpose of punishment :
Reformation/Rehabilitatio
n
NEOCLASSICAL CRIMINOLOGY
This theory modified the doctrine of free will by stating that
free will of men may be affected by other factors and
crime is committed due to some compelling reasons that
prevail. These causes are pathology, incompetence, insanity
or any condition that will make it impossible for the
individual to exercise free will entirely. In the study of
legal provisions, this is termed as either mitigating or
exempting circumstances.
• In his work entitled “A System of Positive Polity”, Auguste Comte
presented three (3) elements of positivistic elements composed of the
following:
• 1. Application of the scientific method;
• 2. Discovery and diagnosis of pathology; and 3.Treatment
• The “ Father of Modern Sociological and Psychological Statistics”; he
insisted upon the impact of group factors and characteristics on crime
causation and considered as the “First Scientific Criminologist”. ---
Lambert Adolphe Jacques Quetelet
II.Trait Theory
POSITIVIST CRIMINOLOGY = The school of
thoughts that criminal behavior is based on
biological, psychological and social factors. The
shift from the Philosophical to scientific approach in
explaining the causes of crime.
Positive theorists were the first to claim the
importance of looking at individual difference among
criminals. These theorists who concentrated on the
individual structures of a person, stated that people
are passive and controlled, whose behaviors are
imposed upon them by biological and environmental
factors.
CLASSICAL THEORY
Def. of Crime : Legal (violation of law, rights and
social contract)
Focus of : The Criminal act (specific offense/
Analysis the criminal law)
Cause of : Rationality (individual choice/
Crime irrational decisions)
Nature of : Voluntaristic (free-will, self interest
Offender and equal capacity to reason)
Response to : Punishment (proportionate, fixed
Crime determinate)
Crime Prevention : Deterrence (pleasure-pain principle
reform of the legal system)
Operation of CJS : Legal-philosophical approach (basic)
Leading Personalities: Cesare Beccaria and Jeremy Bentham
It was born our of a profound critique of the arbitrary
nature of judicial decision making, harsh and barbaric in the
form of punishment to include death and routine torture as a
means.
(Beccaria) Basis of Social action is the UTALITARIAN
concept of the Greatest Happiness for the greater number of
people. Crime is an injury to the society punishment is not
simply for social revenge or retribution but for the general
good and punishment is a form of deterrence for others not to
commit crime.
Prevention is more important than imposing
punishment. To effectively prevent the commission of a crime,
everyone must knew the law. Human as a rational being
should be punished with rational and proportionate penalty
and that Justice system must be professionalized.
(Bentham) All behavior is reducible to that of seeking
pleasure and avoiding pain (Pleasure-pain principle).
Thus, punishment should provide greater pain than the
pleasure of committing crime.
Challenges to the classical theories are: will it serve
the ends of justice and equality when applies to all people
regardless of sex, age and mental capacity? Will it cope
with the demands of growing bureaucratization? Vested
interest.
Improve the system particularly in court reforms
took place (neo-classical) that would consider extenuating
circumstances where individuals could be deemed not
totally responsible for the crime committed/omitted.
POSITIVIST THEORY
Def. of Crime : Natural (violation of social
consensus/extends legal def. and deviant behavior with
respect to social norms)
Focus of Analysis : The offender (Char. of the offender)
Cause of : Pathology (individual deficiency/
Crime not a matter of individual choice)
Nature of : Determined and/or predisposed.
Offender Biological & social conditioning & Ind. Diff.)
Response to : Treatment (diagnosis on individual basis
Crime & indeterminate to fit offender)
Crime Prevention : Diagnosis and classification
early intervention)
Operation of CJS : Scientific approach (measurement &
evaluation/ essentially neutral)
Leading personality : Cesare Lombroso
It grows from the scientific research to provide explanation for criminal
behavior focusing on “biological and psychological factors”.
Lombroso distinguished different types of individuals and classify them
according to racial and biological differences. The Idea of ‘born criminal’
and early study focus on the concept of ‘atavistic stigmata’ . Later he
modified his view with the development of the typology of criminals
into: ‘epileptic’, ‘insane’ and the ‘occasional’ criminal and others.
Principle of Cranoscopy, prenology, somotype (body built) and the
genetic factors according to XYY chromosome theory are some of the
biological explanations.
CESARE LOMBROSO
Considered the FATHER OF MODERN
CRIMINOLOGY due to his application of modern
scientific methods to trace criminal behavior, however,
most of his ideas are now discredited
He claimed that criminals are distinguishable from
non-criminals due to the presence of atavistic stigmata – the
physical features of creatures at an earlier stage of
development
DIFFERENT APPROACHES UNDER
THE POSITIVIST CRIMINOLOGY
A) BIOLOGICAL DETERMINISM
This explanation for the existence of criminal traits
associates an individual’s evil disposition to physical
disfigurement or impairment.
School of human physiognomy, the study of facial features and
their relation to human behavior ----GIAMBATTISTA DELA
PORTA (1535-1615)
Cranioscopy, a method to study the personality and
development of mental and moral faculties based on the
external shape of the skull ----FRANZ JOSEPH GALL
(1758-1828)
Cranioscopy was later renamed as Phrenology, the study that
deals with the relationship between the skull and human
behavior
B. PYSCHOLOGICAL
DETERMINISM
There are many ways to classify psychological theories of crime
causation. Some of the theories emphasize emotional problems, mental
disorders, sociopathy and thinking patterns. But the common assumption of
these theories is that there is something wrong with the mind of the offender
which caused him to commit crimes.
1) SIGMUND FREUD (1856-1939)
- he is recognized as the FATHER OF
PSYCHOANALYSIS
- he believed that man carry with him residue of the
most significant emotional attachments of his childhood,
which then guide future interpersonal relationship.
- he founded the PSYCHOANALYTIC
(Psychodynamic) THEORY OF CRIMINALITY in which
he attributed delinquent and criminal behavior to a
conscience that is overbearing which arouses feelings of
guilt or a conscience that is so weak that it cannot control
the individual’s impulses and the need for immediate
gratification.
PERSONALITY IS COMPRISED OF THREE
COMPONENTS:
a) ID – this stands for instinctual drives; the primitive part of
the individual’s mental make-up present at birth; it is
governed by the “pleasure principle”; represents the
unconscious biological drives for pleasure; the id impulses
are not social and must be repressed or adapted so that they
may become socially acceptable
EGO – this is considered to be the sensible and responsible
part of an individual’s personality and is governed by the
“reality principle”; it is developed early in life and
compensates for the demands of the id by helping the
individual guide his actions to remain within the boundaries
of accepted social behavior; it is the objective, rational part
of the personality.
SUPEREGO – serves as the moral conscience of an
individual; it is structured by what values were taught by the
parents, the school and the community, as well as belief in
God; it is largely responsible for making a person follow the
moral codes of society. It is divided into two parts:
conscience (tells what is right or wrong) and ego ideal
(directs the individual to morally acceptable and responsible
behaviors, which may not be pleasurable).
PSYCHOSEXUAL STAGES OF HUMAN DEVELOPMENT
Eros = the most basic human drive present at birth (the
instinct to preserve and create life). An expressed sexually.
Oral stage = usually during the first year of life when the
child attains pleasure by sucking and biting.
Anal stage = focus on the elimination of bodily wastes
during the second and third years of life.
Phallic stage = during the third year when child focus
their attention on their genitals.
Oedipus complex = a stage of development when
male begin to have sexual feelings for their mother.
Electra complex = a stage of development when girls
begin to have sexual feelings for their fathers.
Latency = begins at age 6. Feelings of sexuality are
expressed until the genital stage begins at puberty; this
marks the beginning of adult sexuality.
Fixated person = exhibit behavior traits
characteristics of those encountered during infantile sexual
development e.g. an infant who does not received enough
oral gratification during the first year of life is likely as an
adult engage in such oral behavior as smoking, drinking, or
drug abuse and others.
1) EMOTIONAL PROBLEMS THEORIES
The emotional problem theories look at the
offender as having the same psychological make-up
as that of a non-offender. There is no disease or
psychological disorder present in the offender. But
the offender does not cope well with his
environment and this creates frustration that results
in crime. The emotional problem theories assume
that the lawbreaker does not have a great mental
sickness that causes him to commit crimes but
rather, he commits crime because of everyday
emotional problems that made him unable to cope.
As a result, the offender acts out criminally.
2) MENTAL DISORDER THEORIES
There are two general types of mental disorders.
First, the organic disorder, where the physiological
cause can be identified, such as head injuries that
left the mind blank, senility, Parkinson’s disease and
Alzheimer’s disease. Organic disorders refer to the
brain’s disorder or sickness. Second is the
functional disorder, which is characterized by
strange behavior that cannot be traced to any
known organic disease. Examples of functional
disorders are those people with no apparent brain
sickness who hear voices that other do not hear, or
who see things that others do not see.
TYPE OF MENTAL DISORDERS
1) NEUROSES
- a common type of mental disorder used to
explain criminal behavior
- also referred to as hysteria or neurasthenia
- some of the more common neuroses are:
a) ANXIETY – also known as anxiety state or
anxiety reaction; characterized by the person
feeling anxious, fearful anticipation or
apprehension; the person may be irritable, have
poor concentration and over reacts to things that are
annoying
b) OBSESSIVE COMPULSIVE BEHAVIOR – people who
suffer from this have unwanted, intrusive and repetitive
thoughts or behaviors
OBSESSION – a repetitive and irresistible thoughts or
urge
COMPULSION – a repetitive behavior that is thought to
produce or prevent something that is thought to be magically
connected to the behavior
c) PHOBIA – excessive and unexplainable fear of
something; generally exaggerated fear of things that
normal people do not fear with the same degree
d) DEPRESSION – extreme feeling of low morale,
sadness, loneliness, self-pity, despair, rejection,
boredom and pessimism; a person is said to be
depressed if these feelings become pervasive and
can already affect all aspects of a person’s life
e)IMPULSE DISORDER – an excessive or
unreasonable desire to do or have something; an
irrational or irresistible motive; examples of this are
kleptomania, pyromania, dipsomania and others
2) PSYCHOSES
- a more serious type of mental disorder, which can be
organic or functional
- psychotic people lose contact with reality and have
difficulty distinguishing reality from fantasy
- the most common type of psychosis are the following:
SCHIZOPRENIA – also called dementia praecox;
characterized by distortions or withdrawal from reality,
disturbances of thoughts and language and withdrawal
from social contact.
b) PARANOIA - gradual impairment of the intellect,
characterized by delusions or hallucination.
DELUSION – false belief
HALLUCINATION – false perception
DELUSIONS OF GRANDEUR – a false belief that you are
greater than everybody else
DELUSIONS OF PERSECUTION – a false belief that other
people are conspiring to kill, harm or embarrass you
Albert Adler (1870- 1937) = founder of individual
psychology and coined the term “inferiority complex” ---
people who have feelings of inferiority and compensate for
them with a drive for superiority.
Erik Erikson (1902-1984) = described the so called “identity
crisis”----a psychological state in which youth face inner
turmoil and uncertainty about life roles.
August Aichorn = he concluded that sociatal
stress, though damaging, could not alone result in
a life of crime unless a predisposition existed that
psychologically prepared youths for antisocial
acts. He called this mental state –the latent
delinquency, found on youths whose personality
requires acting in the following ways: (1) seek
immediate gratification, (2) consider satisfying
their personal needs more important than
relating to others, and (3) satisfying instinctive
urges without considering right and wrong (they
lack guilt).
Isaac Ray = an acknowledged American psychiatrist who
popularized the concept of “moral insanity” in his book, “A
treatise on the Medical Jurisprudence of Insanity”.
Behavior Theory = It maintains that human actions are
developed through learning experiences. Rather than focus
on unconscious personality traits or cognitive development
patterns produced early in childhood, behavior theorist are
concerned with actual behaviors in people’s daily lives.
C)SOCIOLOGICAL DETERMINISM
1) EMILE DURKHEIM
- one of the founding scholars of sociology
- published a book,“Division of Social Labor”, which
became a landmark work on the organization of societies
- according to him:
a) Crime is as normal a part of society as birth and
death
- One of his profound contributions to contemporary
criminology is the concept of anomie, the breakdown of
social order as a result of loss of standards and values
b) Crime is part of human nature because it has existed
during periods of both poverty and prosperity
c) As long as human differences exists, which is one of
the fundamental conditions of society, it is but natural and
expected that it will result to criminality
2) GABRIEL TARDE (1843-1904) – forerunner of
modern day learning theorists.
- introduced the Theory of Imitation, which
governs the process by which people become
criminals
- The Theory of Imitation is explained by the
following patterns:
a) Pattern 1: individuals imitate others in proportion
to the intensity and frequency of their contact
b) Pattern 2: inferiors imitate superiors
c) Pattern 3: when two behavior patterns clash, one
may take the place of the other
3) ADOLPHE QUETELET
- He repudiated the free will doctrine of the classicists
- He founded what is known as the CARTHOGRAPHIC
SCHOOL OF CRIMINOLOGY, together with ANDRE
MICHAEL GUERRY
- This study used social statistical data and provided
important demographic information on the population,
including density, gender, religious affiliations and social
economic status
- He found a strong influence of age, sex, climate
condition, population composition and economic status
in criminality
4) ENRICO FERRI
- a member of the Italian parliament
- he believed that criminals could not be held
morally responsible because they did not choose to
commit crimes but was driven to commit them by
conditions of their lives
Rafael Garofalo
He traced the roots of criminal behavior not on
physical features but in their psychological
equivalents which he called “moral anomaies”
Natural crimes (those that offend the basic moral
sentiments of probity) are found in all societies and
no civilized society can afford to disregard them.
Types of Criminal according to Garoffalo:
Murderers (from vengeance and revenge)
Violent Criminals (commits very serious crimes)
Deficient Criminals (commit crimes against property)
Lascivious Criminals (commit crimes against
chastity).Garofalo’s Law of Adaptation = followed the
biological principle of Darwin in terms of adaptation and
natural selection.
SOCIOLOGICAL CONCEPTS AND CRIME
CAUSATIONS
The study of sociology provides many ideas and
opinions that help in understanding why a person
becomes a criminal.
SOCIAL NORMS
- Also called rules of conduct
- shared standard of behavior which in turn require
certain expectations of behavior in a given situation
- Socially accepted and expected behavior or conduct
in society
- set of rules that govern an individuals behavior and
actions
SOCIALIZATION
- refers to the learning process by which a person
learns and internalizes the ways of society so that he can
function and become an active part of society.
CULTURE
refers to the system of values and meanings shared by a
group of individuals including the embodiment of those
values and meanings in a material object
refers to the way of life, modes of thinking, acting and feeling
it is a design of living that is transmitted from one generation
to the next
MODERN EXPLANATIONS OF CRIMES AND CRIMINAL
BEHAVIOR
A) SOCIAL STRUCTURE THEORIES
1) SOCIAL DISORGANIZATION THEORY
- focuses on the conditions within the urban environment
that affect crime rates (Clifford Shaw and Henry Mckay)
- Links crime rate to neighborhood ecological
characteristics
- Views crime-ridden neighborhoods as those in which
residents are uninterested in community matters; therefore,
the common sources of control – family, school, church, and
barangay authorities – are weak and disorganized
- Also called differential social organization
Shaw and Mckay =works on social ecology (environmental
forces that have a direct influence on human behavior) as
influence by urban sociologist Robert Ezra Park and Ernest
Burgess was focused on social institutions such as school and
the family and how their breakdown influences deviant and
anti-social behavior. He popularized social disorganization
theory.
2) STRAIN THEORY
- holds that crime is a function of the conflict
between the goals people have and the means they
can use to legally obtain them
- argues that the ability to obtain these goals is
class dependent: members of the lower class are
unable to achieve these goals which come easily to
those belonging to the upper class
- Consequently, they feel anger, frustration and
resentment, referred to as STRAIN
- The commission of crimes with the aim of
achieving these goals results from this conflict
3) CULTURAL DEVIANCE THEORY
- combines the elements of both strain and disorganization
theories
- theorizes that in order to cope with social isolation and
economic deprivation, members of the lower class create an
independent subculture with its own set of rules and values
Cultural transmission = the concept that conduct norms are
passed down from one generation to the next so that they
become stable within the boundaries of a culture.
B) SOCIAL PROCESS THEORIES
1) SOCIAL LEARNING THEORY
- believes that crime is a product of learning the
norms, values and behaviors associated with criminal
activity
a) DIFFERENTIAL ASSOCIATION THEORY
- formulated by Edwin Sutherland
- believes that criminality is a function of a learning
process that could affect any individual in any culture
- His theory is outlined as follows:
i. criminal behavior is learned;
ii. Criminal behavior is learned in interaction with
other persons in a process of communication;
the principal part of learning of criminal behavior occurs
within an intimate personal group;
when criminal behavior is learned, the learning includes
techniques in committing the crimes which are sometimes
very simple, the specific direction of motives, drives,
rationalization and attitudes;
the process of learning criminal behavior by association with
criminal and anti-criminal patterns involves all of the
mechanisms that are involved in any other learning
b) DIFFERENTIAL REINFORCEMENT THEORY
- according to this theory, people strike a balance between
being “all-deviant” and “all-conforming”
- Behavior persists depending on the degree to which it was
rewarded or punished.
c) Neutralization Theory = (David Matza/Gresham Sykes)
---People are always aware of their moral obligation to abide
by the law and that they have the same moral obligation
within themselves to avoid illegal acts. (drift theory)
2) SOCIAL CONTROL THEORY
- maintains that all people have the potential to violate the
law and that modern society presents many opportunities for
illegal activities
- argues that people obey the law because behavior and
passions are being controlled by internal and external forces
Its sub group is : Containment theory and Social bond
Theory.
Containment theory =(Walter Reckless) states that outer and
inner containment helps prevent juvenile offending.
Inner containment ( positive self-concept, tolerance for
frustration and ability to set realistic goals)
Outer containment involves such institutions as family.
Social Bond (Travis Hirschi) = it views that crime as a result
of individual with weakend bonds to social institutions (Its
four elements are: attachment, commitment, involvement and
belief)
3) SOCIAL REACTION THEORY
- Also called LABELING THEORY
- holds that people enter into law-violating careers when
they are labeled for their acts and organize their personalities
around the labels.
- Negative labels have dramatic influence on the self-image
of offenders.
Behavior Theory = maintains that human actions are
developed through learning experiences. It focuses on the
actual behaviors people engaged during the course of their
daily life.
Social Learning Theory = views that human behavior is
modeled through observation of human social interactions,
either directly (observing those who are close and from
intimate contact) or indirectly (through media)
Social process theory = views that criminality is a
function of people’s interaction with various
organization, institutions, and process in society.
Social structure theory = views that disadvantage
economic class position is a primary cause of crime.
Social control theory = views that people commit
crime when the forces that bind them to society are
weakened or broken.
Social reaction theory (labelling theory) = views that
people become criminals when significant members
of society label them as such as they accept those
labels as a personal identity.
Social disorganizational theory = branch of social structure
theory that focuses on the breakdown of institutions such as
family, school, and employment in inner city neighborhood.
Strain theory =
THANKYOU..
CORRECTIONS
• Involve the treatment, incapacitation, and
punishment of criminal offenders who have been
convicted in a court of law.
• The criminal court convicts and sentences those
who are found guilty of crimes.
RETRIBUTION
• Involves the nation or idea that a wrongdoing should be punished to
“ pay back “ or compensate for his criminal acts.
• Retributive forms of punishment can be traced to ancient times, such
as the Code of Hammurabi which stressed the doctrine of lex
taliones; meaning “ an eye for an eye”
• This penal practice was based on the motive of reciprocal revenge
for crime.
JAIL AND PRISON
• Jail are different from prisons because they are administered by
local government such as municipality, city, or province, while
prisons are administered by the state or national government.
• Furthermore, Jails are institutions for the confinement of untried
prisoners and sentenced prisoners serving imprisonment of not
more than 3 years while prisons are institutions for the confinement
of sentenced prisoners serving imprisonment of more than 3 years.
TYPES OF JAILS
1. The lock-up.
• This is a security facility, usually operated by the police
department, for the temporary detention of person held for
investigation or awaiting preliminary hearing;
2. The Ordinary Jail.
• This institution houses both offenders awaiting court action and
those serving short sentences, usually up to 3 years;
3. TheWorkhouse Jail.
• These institutions house minimum custody offenders serving
short sentences, usually not more than 3 years.
PARDON
• Is a form of executive clemency which is exercised by the Chief
Executive.
• It is an act of grace and the recipient of pardon is not entitled to it as
a matter of right.
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Intro-to-Crim-2021-2022.pdf

  • 2. “Know yourself and your enemy, if you know yourself and not the enemy for every battle you will be a foul who will meet defeats, but if you know yourself and the enemy, you need not fear the result of a hundred battles” ---Sun Tsu,“Art of War”
  • 3. THE FOUR PERSPECTIVES OF CRIMINOLOGY •Criminology is the study of crime from four different perspectives. These include legal, political, sociological, and psychological. *Criminology: Overview & History of the Field. (2015, July 15). Retrieved from https://study.com/academy/lesson/criminology-o verview-history-of-the-field.html •
  • 4. •Initially, criminology examines crime from a legal point of view. This means that the criminal behavior is examined as it is in violation of the law. Sometimes this means that criminologists will evaluate the laws themselves, while other times this means that criminologists will examine how criminal laws are created by criminal activities.
  • 5. CONT… • Next, criminology looks at crime from a political perspective. In this regard, crime is deemed to be caused by breaking laws created by powerful political groups. These laws indicate illegal behavior. Those who support this point of view indicate that laws exist to further the interest of the politically powerful; crimes consist of activity that the powerful believe to be a threat to their interests. As a result, the laws do not always relate to what one might naturally think of as right and wrong.
  • 6. CONT.. •Another criminology point of view is the sociological perspective. The sociological perspective focuses on the social, political, and economic problems which give rise to the crime. For example, this perspective considers an offender's home situation, employment, race, education level, social situation, and more in order to assess why an offender committed a crime.
  • 7. CONT.. •The last perspective of criminology is the psychological perspective. Under the psychological point of view, crime is viewed as a form of problem behavior which is due to an offender's inability to live in harmony with the environment
  • 9. REMEMBER ME, EVERYDAY! ● CRIMINOLOGY ● a body of knowledge regarding delinquency and crime as a social phenomenon; ● the study of cirmes and criminals and attempt of analyzing scientifically their causes and control and treatment of criminals; (Modernist) ● the process of studying crimes in an accepted manner; (scientific) ● it is a study of crime as a social phenomenon, or of criminals - the mental traits, habits and discipline; (Sutherland and Cressy) ● it is a study of crimes and its treatment; (Elliot and Merill)
  • 10. REMEMBER ME, EVERYDAY! ● CRIMINOLOGY ● is a multidisciplinary study of crimes (Bartol, 1995); ● Field of Criminology ● Sociology of Criminology ● the study of crime focused on the group of people and society as a whole; ● variables of crimes are socioeconomic status, interpersonal relationships, age, race, gender and cultural groups of people are probed in relation to the environmental factors conducive to criminal action.
  • 11. INTRODUCTION • Criminology • in a broadest sense is defined as the science or discipline that studies crime and criminal behavior. • However, specifically, the field of criminology is more focus on the study on forms of criminal behavior, the causes of crime, the definition of the different terminologies in the study of criminality, and the societal reaction to the criminal activities. • Other areas of related fields of study such as juvenile delinquency, and victimology.
  • 12. ORIGIN OF CRIMINOLOGY ● CRIMINOLOGY ● it is a study of all subject matters necessary in understanding and preventing crime, the punishment and treatment of criminals;(Taft) ● derived from the Latin word CRIMEN, which means "accusation"; ● derived from the Greek word LOGIA, which denote "study of"; ● is the scientifc study of the nature extent, causes and control of criminal behavior in both the indivivual and in society; ● in 1885 the Italian Law Professor RAFFAELE GAROFALO coined the term CRIMINOLOGIA; ● French Anthropologist PAUL TOPINARD used an analogous French term "CRIMINOLOGIE";
  • 13. CRIMINOLOGY In its broadest sense is the entire body of knowledge regarding crimes, criminals, and the effort of the society to prevent and suppress them. In its narrowest sense it is the study of crime as a social phenomenon.
  • 14. CRIMINOLOGY DEFINED •“ the study of crime, society’s responses to it ,and its prevention, including examination of the environmental, heredity, or psychological causes of crime, modes of criminal investigation and conviction, and the efficacy of punishment or correction as compared with forms of treatment or rehabilitation •The scientific study of crime as a social phenomenon, of criminals, and of penal treatment.
  • 15. RA 6506 AND RA 11131 •R.A. 6506 –An Act Creating the Board of Examiners for Criminologists in the Philippines and other purposes. Approved & became effective on July 1, 1972. You may open this link to see the full coverage. (https://prc.gov.ph/uploaded/documents/CRI MINOLOGIST%20LAW.PDF
  • 16. CONT… •RA 11131- An Act Regulating The Practice Of Criminology Profession In The Philippines, And Appropriating Funds Therefor, Repealing For The Purpose Republic Act No. 6506, Otherwise Known As "An Act Creating The Board Of Examiners For Criminologists In The Philippines" You may open this link to see the full coverage.
  • 17. 6 AREAS IN CRIMINOLOGY
  • 20.
  • 21.
  • 22.
  • 23.
  • 24.
  • 25. WHO IS CRIMINOLOGIST? •Criminologist = is a person who is a graduate of the Degree of Criminology, who has passed the examination for criminologists and is registered as such by the Board
  • 26.
  • 27.
  • 28.
  • 29.
  • 30.
  • 31. OBJECTIVES OF CRIMINOLOGY 1).The development of a body of general or that is applicable to all, and verified or proven principles regarding origin, causes, and elements of crimes and of other types of knowledge regarding the process or course, method of manipulation of law, crime and its control and prevention and the treatment of youthful offenders; and
  • 32. CONT…. 2.)The immediate application of knowledge to programs of social control of crimes. If there are no means of social control, there will be chaos and disorganization.
  • 33. PURPOSES OF STUDYING CRIMINOLOGY • To prevent the crime problem • To understand crimes and criminals • To prepare for a career in law enforcement and scientific crime detection • To develop an understanding of the constitutional guarantees and due process of law in the administration of justice. • 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.
  • 34. SCIENCES THAT DOMINATED CRIMINOLOGY • Sociology – The study of crime focused on the group of people and society as a whole. • Psychology – The science that studies behaviour and the mental processes of the criminal. • Psychiatry – The science that deals with the study of crime through forensic psychiatry, the study of criminal behaviour in terms of motives and drives.
  • 35. SCOPE OF CRIMINOLOGY • The making of laws – This pertains to the examination of the nature and structure of laws in the society which could be analyzed scientifically and exhaustively to learn crime causation and eventually help fight them. • The breaking of laws – It is concentrated in the scientific analysis of the causes of crimes. In short, it determines the varied reasons why laws are violated • The reaction towards the breaking of laws – This involves the study of the reaction of people and government towards the breaking of laws.
  • 36. DIVISION OF CRIMINOLOGY • Criminal Etiology – The scientific analysis of the causes of crimes • Sociology of Law – The study of law and its application. • Penology or Correction – The study that deals with the punishment and the treatment of criminals. • Criminalistics – The study of criminal things.
  • 37. IMPORTANCE OF STUDYING CRIMINOLOGY • A source of Philosophy of life – The knowledge derived from studying crime is a good foundation for an individual’s philosophy and life style. • A background for a profession and for social service • Criminals are legitimate objects of interest • Crime is a costly problem
  • 38. SCOPE OF THE STUDY OF CRIMINOLOGY 1. study of the origin and development of criminal law 2) study of the causes of crimes and development of criminals. 3) study of the different factors that enhances the development of criminal behavior, such as:
  • 39. BRANCHES OF CRIMINOLOGY Criminal Etiology = is the study of the cause or origin of crime . It study the primary reasons for crime commission. Sociology of law = attempt at scientific analysis of the condition which the penal/criminal laws has developed as a process of formal or social control. Penology = branch of criminology which focus on the management of jail.
  • 40. EMERGENCE OF CRIMINOLOGY When ones right is infringed and the victim believed that he has recourse to the Court of Justice, he has to consult a lawyer. On the other hand, when the society is disturbed by rampant criminalities the authorities have to seek the expertise of a Criminologist. The existence of crime date back from time immemorial. Biblically, the Heavenly Father gave (10) Commandments to Moises. Embodied in the scripture are number of prohibitions and restrictions, which today are found in the man made laws.
  • 41. CONT…. Early leaders imposed several measures to minimize Criminalistics but the fields of Criminology, as a branch of knowledge, which deals, on the explanations of Criminalistics has yet to come. Laws and order were imposed brought by the necessity of either preventing offender from committing crime or punishing those who had committed it rather than explaining crime and understanding the root cause of the problem.
  • 42. CRIMINOLOGY IN EUROPE 1.) Cesare Becarria (Cesare Bonesa Marchese di Beccaria) author of Essay on Crimes and Punishment (1764) laid down the foundation of the Classical School of Criminology.
  • 43. CONT….. 2. Cesare Lombroso, author of Criminal in Relation to Anthropology and Jurisprudence (1870) introduced the concept that some persons are born criminal because of the presence of physical stigmata or anomalies. Also authored Luomo Delinquente (The Criminal Man). He founded the Positivist School of Criminology and is considered the father of Modern Criminology.
  • 44. CONT….. 3. Raffaele Garofalo An itallian Law professor who coined the term Criminologia in 1885. 4. Paul Topinard French Antropologist, who introduced the term Criminologie in 1887.
  • 45. CRIMINOLOGY IN THE UNITED STATES 1. In the 19th Century, Criminology was accepted as a field of study by the department of Sociology of a growing University in the U.S. A survey method on 1901 indicated that Criminology and Penology were among the first courses offered in U.S Colleges and Universities under the general title “Sociology”
  • 46. CONT…. 2.American Sociologist, like most European Scholars were deeply impressed by many of Lombrosion arguments, but its not until about 1915, after publication of Charles Buchman Goring’s work that a strong environ mentalities was cultivated. 3. Edwin H. Sutherland, one of the founding scholars of American Criminology offered in 1947, the definition of Criminology
  • 47. CRIMINOLOGY IN THE PHILIPPINES 1. In 1950’s the Philippine College of Criminology (PCCr) was established. It was the 1st ever educational institution, the pioneering College of Criminology Education for Scientific Crime Detection in the whole South East Asia. The Plaridel Educational Institution, College of Criminology Manila. The 1st government recognized school to teach the Science of Fingerprint and other Police Science.
  • 48. CONT….. •2. In 1960’s, Criminology course was offered by different Colleges throughout the country: a.University of Manila, Sampaloc, Manila b.Abad Santos Colleges, Manila c.Universtity of Visayas, Cebu City d.University of Mindanao, Davao City e.University of Baguio, Baguio City
  • 49. CONT… •3.Two (2) Criminology Professional Organizations were established: a.The Philippine Educators Association for Criminology Education (PEACE, 1983) b.The Professional Criminologist Association of the Philippines (PCAP)
  • 50. CONT… •4. R.A no. 6506 an “Act Creating the Board of Examiners for Criminologist in the Philippine and for other purposes” was approved in August 1987. By virtue of R.A no. 6506, the 1st Criminology Licensure Examination was given in 1988.
  • 51.
  • 52. SALIENT FEATURES OF THE LAW Hereunder are some of the important features of R.A no. 6506. 1.What is the composition of the Board and their term of office? The Board of Examiners for Criminologist in the Philippines shall composed: a. Chairman; and b.Two (2) members
  • 53. CONT… They shall be appointed by the President of the Philippines with the consent of the Commission on Appointment (Sec1) for a term of three (3) years (sec4). 2. What are the qualifications of an examinee (qualification for examination). Any person applying for examination and for a certificate shall prior to admission to examination, establish to the satisfaction of the board.
  • 54. CONT… a.) He is at least 18 yeas of age and a citizen of the Philippines. b.) He must be a person of good moral character, as certified by at least (3) persons of good standing in the community wherein he resides. c.) He must not have been convicted of a crime involving moral turpitude; and
  • 55. CONT…. d.) He has graduated in Criminology from a school, College or Institute recognized by the Government, after complementing a four year resident collegiate course leading to the degree of Bachelor of Science in Criminology (BS Crim.). Provided, that holders of Bachelor of Laws degree may, within (5) years after the approval of this Act, take this examination after complementing at least (94) units of Criminology, Law Enforcement, Police Science and Penology subjects. (Section 12).
  • 56. SCOPE OF EXAMINATION The examination shall be in writing and shall cover the following with their respective weights. Subjects Relative Weight Criminal Jurisprudence 20% Law Enforcement Administration 20% Crime Detection Investigation 15% Criminalistics 20% Criminal Sociology 15% Correctional Administration 10%
  • 58. • Records during the Middle Ages ( 1200-1600), people who violated social norms or religious practices were believed to be witches or possessed by demons on under the influences of evil spirits. • It was a common practice during those times, to used cruel torture to extract confessions.
  • 59. BRIEF HISTORY OF CRIMINOLOGY •Those convicted of violent crimes or theft crimes suffered extremely harsh penalties, including whipping, branding, maiming, and execution. •An estimated 100,000 people were prosecuted in Europe for witchcraft during 16th and 17th century.
  • 60. CLASSICAL CRIMINOLOGY •By the middle of the 18th century, social philosophers studied and argued and began to look for a more rational approach in imposing punishment. •Social reformers sought to eliminate cruel public executions which were designed to frighten people into obedience. •They stressed that the relationship between crime and punishment should be balanced and fair
  • 61. CLASSICAL CRIMINOLOGY •One of the social reformer who worked for the implementation of said reform, was Cesare Beccaria(1738-1794) who was one of the first theories to develop a systematic understanding of why people committed crime. •According to him, the crime problem could be traced it to bad people but to bad laws, that a modern criminal justice system should guarantee all people equal treatment before the law
  • 62. THE WRITINGS OF BECCARIA, CLASSICAL CRIMINOLOGY WITH THE FOLLOWING BASICS ELEMENTS •In every society, people have free will to choose criminal or law solutions to meet their needs or settle their problem •Criminal solutions may be more attractive than lawful ones because they usually require less work for greater payoff
  • 63. THE WRITINGS OF BECCARIA, CLASSICAL CRIMINOLOGY WITH THE FOLLOWING BASICS ELEMENTS •A person’s choice of criminal solutions may be controlled by his fear of punishment; •The more severe, certain and swift the punishment, the better it is to control of criminal behavior;
  • 64. BECCARIA • Published the book “ On Crimes and Punishment “ it supplied the blueprint
  • 65. • Social action should be based on the utilitarianism principle of the greatest happiness for the greatest number. • Crime is an injury to society and the only rational measure of crime is the extent of the injury; • Crime prevention is more important than punishment; • The purpose of punishment is to prevent crime. BECCARIA
  • 66. BECCARIA •Punishment should be based on the pleasure /pain principle. •Punishment should be based on the act, not on the actor. •It is better to prevent crimes than to punish the offender.
  • 67. JEREMY BENTHAM’S UTILITARINISM •Devoted his life to developing a scientific approach to the making and breaking of laws. •Like Becarria, he was concerned with achieving “ the greatest happiness of the greatest number “ of bringing happiness (pleasure) or unhappiness (pain).
  • 68. JEREMY BENTHAM’S UTILITARINISM •Classical School of Criminology’s concept of human nature as governed by the doctrine of “ free will” and rational behavior, contains the following principles; 1. All human being, including criminals, will freely choose either criminal ways or non-criminal ways, depending on which way they believe will benefit them
  • 69. JEREMY BENTHAM’S UTILITARINISM 2.Criminals will avoid behaviors that will bring pain and will engage in behaviors that will bring pleasure; 3.Before deciding which course of action to take, criminals will weigh the expected benefits against the expected pains; 4.Criminals are responsible for their behaviors.
  • 70. 5. Criminals act over and against their environments. • They are not victims of their environment. 6. Criminal go through a thinking process whereby they take a variety of factors into account before they make a final decision on whether or not to commit a criminal act. 7. Criminals are totally responsible for their behaviors. JEREMY BENTHAM’S UTILITARINISM
  • 71. JEREMY BENTHAM’S UTILITARINISM 8. Environment forces do not push, pull, or propel individuals to act. • An individual acts willfully and freely. 9. Offenders are not helpless, passive, or propelled by forces beyond their control. 10. Each criminal act is a deliberate one, committed by a rational, choosing person who motivated primarily by the pleasure-pain principle.
  • 72. THE NEOCLASSICAL CRIMINOLOGY •The Neoclassical Criminology School •Based on the concept of free will. •If a person violates a law, he has to be guided by reason, since people are responsible for their behaviors, and punishment can control behaviors. •The pain from one punishment must exceed the pleasure that comes from committing a criminal act.
  • 73. THE NEOCLASSICAL CRIMINOLOGY • Because it incorporated the practical modifications needed for the administration of criminal law and justice. • For example, the neoclassical criminology recognizes differences in criminal circumstanced, such as, juveniles and persons with mental and physical defects or disorders, cannot reason out or have limited abilities to reason.
  • 74. THE NEOCLASSICAL CRIMINOLOGY •Therefore, they cannot possibly distinguish the right from the wrong, the rational from irrational and sane from the insane behavior
  • 75. THE POSITIVIST CRIMINOLOGY • August Comte (1798-1857) is considered the founder of positivist school and sociology. • He applied scientific methods in the study of society, from where he adopted the word sociology. • He wants a society in which all social problems will be solved by scientific methods and research. • He believe that large groups of people such as a society, to be a subject of scientific study can lead to the discovery of specific laws that would greatly help them.
  • 76. THE POSITIVIST CRIMINOLOGY • The positivist school of criminology is generally associated with Cesare Lombroso, Enrico Ferri, Gabriel Tarde, and Rafaelle Garofalo. • The religious leaders during the time of positivism, referred to Lombroso, Ferri and Garofalo as the “unholy three” because of their belief in evolution as contrasted to Biblical interpretation of the origin of man and woman. • The three have also been called the “holy three of criminology” because their emergence “symbolized”.
  • 77. THE THEORY OF CESARE LOMBROSO • Cesare Lombroso • is known as the father of modern criminology, althought most of his ideas have been discribed today. • After completing his medical studies, Lombroso served as an army physician, became a professor of psychiatry at the University of Turin, and later in his life accepted an appoinment as professor of criminal anthropology
  • 78. • His theory of the “born criminal” was repeatedly viewed and considered as lower form of life, nearer to their apelike ancestors than the non-criminals in traits and dispositions. • They can be distinguished from non-criminal by various atavistic stigmata, which refers to the physical features of creatures at an earlier stage of development, before they became fully human beings. The Theory of Cesare Lombroso
  • 79. • According to Lombroso’s theory criminals are usually in possession of huge jaws, and strong canine teeth, a characteristic common to carnivores who tears and eat raw meat; • The arm span of criminals is often greater than their height, just like that of apes, who use their forearms to push themselves along the ground. • An individual born with any five of the stigmata is a born criminal. The Theory of Cesare Lombroso
  • 80. The Theory of Cesare Lombroso
  • 81. • He also included in his studies the criminal’s distinct physical and mental stigmata. • They include deviation in head size, and shape from the type common to the race and religion from which the criminal came; • asymmetry of the face; excessive dimentions of the jaw and check bones; eye defects and peculiarities; ears of unusual size; The Theory of Cesare Lombroso
  • 82. • Occasionally very small, or standing out from the head as those of the chimpanzee; • Nose twisted, upturned, or flattened in thieves, or aquiline or beaklike in murderers, or with a tip rising like a peak from swollen nostrils; fleshy lips, swollen, and protruding; pouches in the cheek like those animal’s toes; and imbalance of the hemispheres of the brain. • Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person The Theory of Cesare Lombroso
  • 83. • Cesare Lombroso as a medical doctor, scientist, and clinician applied the scientific method to the measurement of criminal’s skull. • He tried to pursued this study and focused on the hereditary components of criminal behavior, although he also acknowledged the role of social factors. The Theory of Cesare Lombroso
  • 84. The Theory of Cesare Lombroso
  • 85. 1. The theory of atavism. • Lombroso had the opinion that criminals were developed from primitive or subhuman individuals characterized by some inferior physical and mental characteristics, which can be identified; • He spent much of his life in finding answers to his biological defects trying to identify their physical characteristics. The Theory of Cesare Lombroso
  • 86. 2. The application of the experimental or scientific method to the study of the criminal. • Lombroso spent endless hours measuring criminally insane persons and epileptic’s skull; The Theory of Cesare Lombroso
  • 87. 3. The development of a criminal topology. • Although Lombroso’s system of classification is considered crude and not adopted today, he still attempted to categorize and classify these type: • -epileptic criminal; • -insane criminal; • -born criminal; • -occasional criminal: He also identified the various types of occasional criminals: • -pseudocriminal; • -criminaloids; • -habitual criminals; • -passionate criminals; • -political criminals; The Theory of Cesare Lombroso
  • 88. 4. The belief in the indeterminate sentence. • Penalties should be indeterminant so that those other than “ born” criminals who were incorrigible could be worked with and rehabilitated. 5. The application of statistical techniques to criminology. • Although crude and with the use of questionable control groups, Lombroso used statistical techniques to make criminological predictions. The Theory of Cesare Lombroso
  • 89. CESARE BONESANA MARCHESE DI BECCARIA ( 1738-1794 ) • One of the founders of the classical school of criminology; • Born in Milan, Italy and a graduate of Law from the University of Pavia; • After graduating, he joined a group of articulate and radical intellectuals called the Academy of Fist.
  • 90. CESARE BONESANA MARCHESE DI BECCARIA ( 1738-1794 ) • He published a book entitled “ On Crimes and Punishment “ in July 1764; • this book presented a coherent and comprehensive designed for an enlightened criminal justice system that was to serve the people rather than the monarch.
  • 91. CESARE BONESANA MARCHESE DI BECCARIA ( 1738-1794 ) • His book contains almost the modern penal reform but its greatest contribution was the foundation it laid for subsequent changes in criminals legislation; • His books “ crimes and Punishment “ was influential in the reforms of penal code in France, Russia, and it influenced the first Ten amendments to the US Constitution
  • 92. THE FOLLOWING ARE THE PRINCIPLES THAT BECCARIA PROPOSED • Laws should be used to maintain social contract; • Only legislators should create Laws; • Judges should imposed punishment only in accordance with the law; • Judges should not interpret law; • Punishment should be based on the pleasure and pain principle.
  • 93. THE FOLLOWING ARE THE PRINCIPLES THAT BECCARIA PROPOSED • Punishment should be based on the act , not on the actor. • The punishment should be determined by the crime • Punishment should be prompt and effective • All people should be treated equally • Capital punishment should be abolished • The use of torture to gain confession should be abolished; • It is better to prevent crimes that to punish criminals.
  • 94. ENRICO FERRI • Member of the Italian Parliament; • He believed that criminals could not be held morally responsible because they did not choose to commit crimes but was driven to commit them by conditions of their lives.
  • 95. ENRICO FERRI WAS ALSO RESPONSIBLE FOR A CLASSIFICATION SYSTEM OF CRIMINALS •Born criminals •Insane criminals •Passionate criminals •Occasional criminals •Habitual criminals
  • 96. RAFFAELLE GAROFALO • Italian magistrate, senator and professor of law; • He rejected the doctrine of free will and supported the position that the only way to understand crime was study it by scientific methods; • He traced the roots of criminal behavior not to physical features but to their psychological equivalent which he referred to as moral anomalies
  • 97. GAROFALO CLASSIFIED CRIMINAL • Murderers • Violent criminals • Thieves • Lascivious criminals
  • 98. GABRIEL TARDE • Introduced the Theory of Imitation, which governs the process by which people became criminal; • According to him, individuals emulates behavior patterns in much the same way that they copy style dress; • Pattern (1) individual imitate others in proportion to the intensity of and frequency of their contacts; • Pattern (2) inferiors imitate superiors; • Pattern (3) when two behavior pattern clash, one may take the place of the other
  • 99. ADOLPHE QUETELET • Belgian mathematician and astronomer who repudiated the free will doctrine of the classicist; • He concluded that it is the society, not the decisions of individual offenders, that responsible for criminal behavior
  • 100. SOCIOLOGICAL CONCEPT AND CRIME CAUSATION •A person becomes a criminal, a delinquent, or results to deviant behaviors. •All of these are classified by sociologist as social behaviors learned in a society. •Generally, man is aggressive and dependent on other human being to fulfill their needs and before they were born.
  • 101. • Assessment 2. Infographics about the terms, person related to Introduction to Criminology • Create an infographic about person, terms related to Introduction to Criminology • Choose your own topic related to Introduction to Criminology • The infographic shall be converted to JPEG/PNG. • Make sure you emphasize the relation or involvement in the field of Criminology of the topic you have chosen. • Make sure to cite/mention your references in the last part using APA 6TH EDITION. • Put a title at the top part, while your Name and Section shall be at the lower part. • Include pictures and salient concepts related to your chosen topic related to Introduction to Criminology. • The catchy or noticeable infographics will be posted on my FB timeline for exposure, and automatically graded as 100 points.
  • 102.
  • 103. DIFFERENTIAL ASSOCIATION THEORY • This theory maintain that people learn to commit crime as a result of contact with anti-social behaviors, attitudes, and criminal behavior patterns. • The theory includes the view of how man respond to any given situation depending on the culture he was reared. • This theory serves as the learning process of misguided behaviors where criminal act is principally through social interaction.
  • 104. DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS PROPONENT AND AUTHOR, EDWIN SUTHERLAND • Criminal behavior is learned through interaction with other person in a process of communication. • A person does not become a criminal simply by living in a criminal environment. • Crime is learned by participation with others in verbal and nonverbal communication.
  • 105. DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS PROPONENT AND AUTHOR, EDWIN SUTHERLAND • The principal part of learning of criminal behavior occurs within intimate personal groups. • Families and friends have the most influence on the learning of deviant behaviors. • Their roles in communication is far greater than the mass media, such as movies, television, and newspapers.
  • 106. DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS PROPONENT AND AUTHOR, EDWIN SUTHERLAND • When criminal behavior is learned, the learning process includes: a) Techniques of committing the crimes, which are sometimes very complicated, sometimes very simple. • Young delinquents learn not only how to steal, shoplift, pickpocket and rob but also how to rationalize and depend their illegal acts. • In other words, criminals too, learn skills and gain experience.
  • 107. DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS PROPONENT AND AUTHOR, EDWIN SUTHERLAND • The specific direction of motives and drives is learned from the definitions of the codes as favorable or unfavorable. • In some societies a person is surrounded by people who invariably define legal codes as rules to be observed, while in others he is surrounded by persons whose definitions are favorable to the violation of the legal codes.
  • 108. DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS PROPONENT AND AUTHOR, EDWIN SUTHERLAND • A person becomes delinquent because of an excess of definitions favorable to violation of law over definitions unfavorable to violation of law. • This is the key principle of differential association, the thrust or to push with force, the theory. • In other words, learning criminal behavior is not simply a matter of associating bad companions.
  • 109. DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS PROPONENT AND AUTHOR, EDWIN SUTHERLAND • Differential associations may differ in frequency, priority, duration, and intensity. • The extent to which one’s association/definitions will result in criminality, is related to the frequency of contacts, the extent of duration, and their meaning to the individual. • The process of learning criminal behavior by association with criminal and anti-criminal patterns involves all the mechanisms that are involved in any other learning.
  • 110. DIFFERENTIAL ASSOCIATION THEORY AS EXPLAINED BY ITS PROPONENT AND AUTHOR, EDWIN SUTHERLAND • While criminal behavior is an expression of general needs and values, it is not explained by those general needs and values, since non-criminal behavior is an expression of the same needs and values. • Shoplifters steal to get what he want. • Others work to get money to buy what they want.
  • 112. CONFLICT THEORY • This theory view human behavior, as shaped by interpersonal conflict between those who maintain social power who use it to further their own needs. • Conflict theory further explain social inequality, forces people to commit some crimes, such as burglary and robbery, as a means of social and economic survival, whereas other crimes, such murder, homicide, assault and drug use. • Karl Marx (proponent)
  • 113.
  • 114.
  • 115. THE THEORY OF SOCIOPATHY •Sociopathy •refers to pattern of behavior exhibited alike by many offenders and non offenders. •Some theorists believes that the sociopath is mentally ill; •however, others do not partly, because some sociopathic personalities do not engage in criminal behavior, and others who are not sociopathic, do engage in criminal activity.
  • 117. SYMPTOMS OF SOCIOPATHIC PERSONALITY • Egocentricity. • The sociopath is self-centered and “ me “ oriented. • His word is himself and the goal in any interaction is to serve himself. • Asocial behavior. • This sociopath is often a loner, he behaves without regard for social norms. • Insensitivity to others. • The sociopath is unable to take the role of others and experience how others may be feeling.
  • 118. SYMPTOMS OF SOCIOPATHIC PERSONALITY • Hostility. • Most of the time, sociopaths are angry at “ others” they are also aggressive people and throw temper tantrums when thing do not working the ways that they expect. • Lack of concern for the rights and privileges of others. • The sociopath is concerned only with his rights and privileges. • He lives by a double standard.
  • 119. SYMPTOMS OF SOCIOPATHIC PERSONALITY • Impulsive behavior. • The sociopath is not a planner. • He is spontaneous in his actions and words. • Poor loyalty and social relations. • Sociopaths generally do not have close Friends. • They do not have loyalty to those persons to whom most people feel loyal: parents,siblings, and spouses.
  • 120. SYMPTOMS OF SOCIOPATHIC PERSONALITY • Poor planning and judgment; • failure to learn from experience. • Sociopaths generally make the same mistakes over and over. • Projection of blame onto others. • If things go wrong for the sociopath, instead of accepting responsibility, he places the blame on others. • Lack of responsibility. The sociopath does not see himself as having a duty or obligation to anyone or anything.
  • 121.
  • 122. THE ROLE OF HEREDITY • The Juke Family; • During the early 20th century a famous author Dugdale, studied the known Juke Family, to prove that antisocial behavior was genetic. • Juke, the elder, was a salesman who sired several children born out of wedlock whose mothers were mostly from brothel because, with some bad reputation. • Out of these illegitimate children were criminals, Robbers, embezzlers, forgers, prostitutes, and members of the underworld. • Dugdale concluded in his study of the Jukes that certain people have bad genes and are born to be criminals. • Such bad genes can be transferred from one generation to the next generation.
  • 123. • Edwards Family • 1 U.S. Vice-President (Aaron Burr) • 3 U.S. Senators • 3 governors • 3 mayors • 13 college presidents • 30 judges • 65 professors • 80 public office holders • 100 lawyers • 100 missionaries, pastors and theologians.
  • 124. • Jukes Family • 310 of the 1,200 were professional paupers—more than one in four. • 300 of the 1,200—one in four—died in infancy from lack of good care and good conditions. • 50 women who lived lives of notorious debauchery. • 400 men and women were physically wrecked early by their own wickedness. • 7 were murderers. • 60 were habitual thieves who spent on the average twelve years each in lawlessness. • 130 criminals who were convicted more or less often of crime.
  • 126. THE ROLE OF HEREDITY • Goddard studies the Kallikak Family, which was traced back to a revolutionary war soldier who married a good Quaker woman, but got himself sexually related to a feebleminded girl. • Both women had children with the elder Kallikak. • The offspring from the Quaker woman were considered normal and good people by Goddard, and the children from the feebleminded girl were considered antisocial and produced a long line social misfits. • The lesson learned was that feeblemindedness can be inherited, and that such union can produce social inadequacy, deviation and criminality
  • 127. THE ROLE OF HEREDITY
  • 128. THIS FORMULA GIVES THE PERSON’S I.Q. • The IQ range is as follows; ❖ Very superior 140-169 ❖ Superior 120-139 ❖ High average 110-119 ❖ Normal 90-109 ❖ Low average 80-89 ❖ Borderline defective 70-79 ❖ Mentally defective 30-69
  • 129. FINDING ON CRIME AND INTELLIGENCE RELATION • The classic studies of the Juke and Kalikak families were among the first to show that feeblemindedness or low intelligence was inherited and transferred from one generation to the next. • Numerous tests were likewise conducted that lead to the development of the use of I.Q. test as a testing procedure for offenders. • The very first results deemed to confirmed that offenders had low mental abilities. • They were found to be mentally impaired and incapable of managing their affairs.
  • 130. FINDING ON CRIME AND INTELLIGENCE RELATION • Authorities such as Bartol, Wilson, and Herrstein indicates evidence that intelligence is inherited, as shown by the numerous studies conducted, supporting the idea of a link between criminality and low intelligence.
  • 131. PHYSIOLOGY OR SOMATOTYPE SCHOOL OF CRIMINOLOGY • This study, which searches the relation of body build to behavior, became popular during the first halt of the twentienth century.
  • 132. BIOLOGICAL BODY TYPES THEORIES • There are a number of biological theories of crime causation which indicate that, the criminal is inferior to non criminals. • Inferiority comes in terms of body and intellect and both of these causes criminal behavior. • Inferiority theories can take the form of the offender being constitutionally inferior intellectually and mentally
  • 133. PHYSIOGNOMY • Is the study of judging a person’s character from facial features to determine whether the shape of the ears, nose, and eyes, and the distances between them were associated with anti-social behavior. • Johann Kasper Lavater presented and authored his study.
  • 134. CHARLES BUCKMAN GORING • Studied phrenology or craniology which deals with the study of the external formation of the skull indicating the conformation of the brain and the development of its various parts which is directly related to the behavior of the criminal. • Goring believed that criminal characteristics were inherited and recommended that people of such characteristics should not be allowed to reproduce. • According to him, persons have epilepsy, insanity, defective social instinct, and feeblemindedness, were among those were should not be allowed to have children.
  • 135. ERNST KRETCHMER (1888-1964) • German pychiatrist who studied philosophy and medicine at the University of Tubingen; • He attempted to correlate body build and constitution with characters or temperamental reactions and mentality; • He distinguished three (3) principal types of physiques;
  • 136. ERNST KRETCHMER (1888-1964) • three (3) principal types of physiques 1. Asthenic – lean, slightly built, narrow shoulders; their crimes are petty thievery and fraud 2. Athletic – medium to tall, strong, muscular, coarse bones; they are usually connected with crimes of violence 3. Pyknic – medium height, rounded figures, massive neck, broad face; they tend to commit deception, fraud and violence
  • 137. WILLIAM SHELDON (1898-1977) • He developed the study of the body or somatotype school, which held that criminals manifest distinct physiques that make them susceptible to particular types of delinquent behavior, that links a relationship between body type and criminal behavior.
  • 138. WILLIAM SHELDON (1898-1977) 1. Mesomorphic; • active, asserttive, behave aggressively, athletic built, muscular, and dominant. • Labeled somatonic, and the most likely to become criminal. 2. Endomorphic; • round, fat, short, tapering limbs and small bones, relaxed, and comfortable. • Labelled viscerotonic. • Indulgence in fraud cases. 3. Ecolomorphic; • thin, bony, introverted, full of functional complaints and hate crowds. • Labeled cerebrotonic. • Commits petty crimes
  • 140. SIGMUND FREUD • An Austrian neuro-psychologist who founded the psycho-analytic theory of criminality in which he attributed delinquent and criminal behavior to a conscience that is overbearing which arouses feelings of guilt or a conscience that is so weak that it cannot control the individual’s impulses and the need for immediate gratification. • In his theory, personality is comprised of the id, ego and superego
  • 141. SIGMUND FREUD • Id • This stands for instinctual drivers, it represents our unconscious biological needs for foods, sex, and other life sustaining necessities including aggression as well as primitive needs that are present at birth. • This pleasure seeking part of human personality is concerned about gratification of one’s wishes.
  • 142. SIGMUND FREUD • Ego • This forms part of man’s physical organization between his sensory stimuli on one hand and his motor activity on the other. • The ego operates on the basis of expediency. • This puts into action the desires or wishes of the id and the questions of right and wrong, safe or dangerous, permitted or prohibited do not play an important role.
  • 143. SIGMUND FREUD • Super Ego • This is the moral aspect of people’s personalities. • This develops as a result of incorporating within the personality the moral standards and values of parents, community and significant others. • This is also known as the conscience of our personality.
  • 144.
  • 145. NEUROSIS • Is a common type of mental disorder used to explain criminal behavior. • Neurotic behaviors are behaviors that do not grossly violate social norms or represents severely disorganized personalities. • Most neurotics are aware of their problems and my not seek professional help.
  • 146. NEUROSIS 1. Neurasthenia. • This is a condition of weakened nerves, that manifest itself in fatigue and nervousness and sometimes in physical symptoms such pain. 2. Anxiety. • This is also known as “ anxiety state “ with the person feeling anxious, fearful anticipation or apprehension. 3. Obsessive-compulsive behavior. • Obsessions are unwanted, repetitive, irresistible thoughts or urges. • Generally, the person knows that they are senseless, but is unable to let go of the feeling.
  • 147. NEUROSIS 4. Hysteria. • It has two forms; true hysteria and histrionic behavior. • Hysterics can be defined as unhealthy or senseless emotional outburst coupled with violent emotional outbreaks 5. Phobia. • Are generally called exaggerated fears of things that normal people fear to some degree and fears of things that ordinary people do not fear; 6. Depression. • People who suffer from depressive neuroses generally have feelings of pain, hurt, unpleasantness, sadness, rejection, self-pity, helplessness and despair
  • 148. PSYCHOSES • This is a common category of mental disorder used to explain criminal behavior. • Psychotic people loose contact with reality and we difficulty distinguishing reality from fantasy. 1. Schizophrenia. • Is manifested by delusion or hallucination. 2. Paranoia. • Manifested by paranoids is a psychotic delusion characterized by delusions which are incorrect or unreasonable ideas which can be seen as truth by people suffering from this disorder.
  • 150. … Take your time with this test and you will be amazed.
  • 151. TAKE YOUR TIME WITH THIS TEST AND YOU WILL BE AMAZED. •The Dalai Lama suggests you read it to see if it works for you.
  • 152. Just 3 questions and the answers will surprise you.
  • 153. WARNING ! ! Be honest and do not cheat by looking up the answers. The mind is like a parachute, it works best when it is opened. This is fun to do, but you have to follow the instructions very closely. Do not cheat.
  • 154. (1) Put the following 5 animals in the order of your preference: Cow, Tiger, Sheep, Horse, Pig
  • 155. (2) Write one word that describes each one of the following: Dog, Cat, Rat, Coffee, Sea.
  • 156. (3) Think of someone, who also knows you and is important to you, which you can relate them to the following colors. Do not repeat your answer twice. Name just one person for each color: Yellow, Orange, Red, White, Green.
  • 157. FINISHED? Please be sure that your answers are what you REALLY WANT.
  • 158. ANSWERS: 1 This will define your priorities in your life. Cow Signifies CAREER Tiger Signifies PRIDE Sheep Signifies LOVE Horse Signifies FAMILY Pig Signifies MONEY
  • 159. 2 Your description of dog implies your own personality. Your description of cat implies the personality of your partner. Your description of rat implies the personality of your enemies. Your description of coffee is how you interpret sex. Your description of the sea implies your own life.
  • 160. 3 Yellow: Someone you will never forget Orange: Someone you consider your true friend Red: Someone that you really love White: Your twin soul Green: Someone that you will remember for the rest of your life
  • 161. Sociology It is the study of human society, Its origin, structure, functions and direction. Criminological research = study of the crime correlated to with antecedent variables, state of crime trend. Other fields of Studies related to Criminology: ❖a) criminal demography – the study of the relationship between criminality and population ❖b) criminal epidemiology – the study of the relationship between environment and criminality
  • 162. ❖c) criminal ecology – the study of criminality in relation to the spatial distribution in a community ❖d) criminal physical anthropology – the study of criminality in relation to physical constitution of men ❖e) criminal psychology – the study of human behavior in relation to criminality ❖f) criminal psychiatry – the study of human mind in relation to criminality ❖g) victimology – the study of the role of the victim in the commission of a crime
  • 163. CRIME an act or omission in violation of a public law forbidding or commanding it.
  • 164. TRIANGLE OF CRIME Desire O p p o r t u n i t y C a p a b i l i t y The physical possibility for crime to be committed/ The chance that the offender must have to commit the crime The ability or the means of the offender to commit the crime i.g. skills, methods etc. The wanting of the person to commit the crime.
  • 165. CRIME TYPOLOGY STUDY OF CLASSIFICATION (TYPES) OF CRIME Legal Classification Criminological A. According to Law Violated B. According to Nature of Act C. According to Manner of Committing the Crime. D. According to Stage of Commission E. According to Plurality F. According to Gravity A. According to the Result of Crime. B. According to Period or time of commission C. According to the Length of time of the commission D. According to Place or location E. According to the Use of Mental Faculties. F. According to Type of Offender.
  • 166. SUB-CLASSIFICATION OF CRIMES Delinquency = act not inconformity with the norms of society. Criminal Law Crimes Revised Penal Code (Act 3815) Felonies Special Penal Laws Offenses Ordinances Infraction of Law
  • 167. Classes of Crimes 1. Crime Mala in Se = Acts that are outlawed because they violate basic moral values such as rape, murder, assault and robbery? a. Intentional felony (IFI) b. Non-intentional felony (IFN) 2. Crime Mala prohibita= acts that are outlawed because they clash with current norms and public opinion, such as tax, traffic and drug laws.
  • 168. ELEMENTS OF A FELONY a) INTENTIONAL FELONIES: - felonies committed by means of dolo (deceit) - the act or omission is performed with deliberate intent or malice freedom or voluntariness intelligence intent
  • 169. b) CULPABLE FELONIES: - felonies committed by means of culpa (fault) -the act or omission of the offender is not malicious and the injury caused by the offender is unintentional, it being the simply the incident of another act performed without malice -Freedom (voluntariness) -Intelligence -Negligence or imprudence (lack of foresight/lack of skill)
  • 170. LEGAL CLASSIFICATION OF CRIMES 1) as to the manner crimes are committed: a) by means of dolo or deceit b) by means of culpa or fault 2) as to the stages in the commission of crimes: Consummated crime – when all the elements necessary for its execution and accomplishment are present
  • 171. Frustrated crime – when the offender has performed all the acts of execution which will produce the felony as a consequence but which nevertheless do not produce it, by reason of causes independent of the will of the perpetrator Attempted crime - when the offender commences the commission of a crime directly by overt acts and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance
  • 172. 3) according to plurality: simple crime – single act constituting only one offense Ex. Theft, Robbery, Homicide, Murder, Libel complex crime – single act constituting two or more grave felonies (compound crime) or an is a necessary means for committing the other (complex crime proper). Ex. Robbery with Homicide, Rape with homicide, Arson resulting in death and damage to property.
  • 173. 4) according to gravity: a) grave felonies – those to which the law attaches the capital punishment or afflictive penalties (the imprisonment is more than 6 years or fine of more than P6,000.00.They are either 1. Heinous- the penalty is reclusion temporal to reclusion perpetua or 2. Non heinous.) b) less grave felonies – those to which the law attaches correctional penalties ..(imprisonment of more than one month but not more than 6 years or fine of P200.00 but not more than P6,000.00) c)
  • 174. • light felonies – those to which the law attaches the penalty of arresto menor or a fine not exceeding P200.00 (the penalty is imprisonment of one day to thirty days or fine of not more than P200.00)
  • 175. CRIMINOLOGICAL CLASSIFICATION OF CRIMES 1) According to the result of the crime: a. acquisitive crime – the offender acquires something e.g. theft, robbery and estafa. b. extinctive crime – the consequence of the act is destructive e.g. homicide, murder, parricide and arson. 2) According to the place or location: a) static crime – committed in only one place. b) continuing crime – committed in several places.
  • 176. 3) According to the use of mental faculties: a) rational crime – committed with intent and the offender is in full possession of his sanity. b) irrational crime – committed by an offender who does not know the nature and quality of his act on account of the disease of the mind.
  • 177. 4) According to the type of offender: a) white-collar crime – committed by a person belonging to the upper socio-economic class in the course of his occupational activities. ex. Graft and Corruption, Plunder, Money Laundering, etc. b) blue-collar crime – committed by ordinary professional criminal to maintain his livelihood. ex. Shoplifting, theft etc.
  • 178. 5) According to the time or period of the commission of the crime: a) seasonal crime – committed only during a certain period of the year b) situational crime – committed only when the situation is conducive to its commission 6) According to the length of time of the commission of the crime: a) instant crime – committed in the shortest possible time b) episoidal crime – committed by a series of acts in a lengthy space of time
  • 179. Other Crimes: Bias crimes = violent acts directed toward a particular person or members of a group merely because the targets share a discernible racial, ethnic, religious or gender characteristics. Also called hate crimes. Cleared crimes = two ways by which crimes are cleared: (1) when at least one person is arrested, charged, and turned over to the court for prosecution, (2) by exception means, when some element beyond police control precludes the physical arrest of an offender e.g. when he/she leaves the country.
  • 180. Corporate crimes = white collar crime involving a legal violation by corporate entity, such as price fixing, restraint of trade, or hazardous waste dumping. Crime of reduction = crimes that are committed when the offended party experiences a loss of some quality relative to his her present standing such as when they become victims of robbery or theft, but they may also be victimized if their dignity is stripped from them when they are taunted by racists. Crimes of repression = crimes that are committed when members of a group are prevented from achieving their fullest potential because of racism, sexism, or some status bias.
  • 181. Cyber crime = the commission of criminal acts using the instruments of modern technology such as computers or the internet. Economic crime = an act in violation of the criminal law that is designed to bring financial gain to the offender. Enterprise crime = the use of illegal tactics by a business to make profit in the market place. Expressive crime = a crime that has no purpose except to accomplish the behavior t hand such as shooting someone.
  • 182. Hate crimes = acts of violence or intimidation designed to terrorize or frighten people considered undesirable because of their race, religion, ethnic origin, or sexual orientation. Inchoate crimes = Incomplete or contemplated crimes such as criminal solicitation or criminal attempts. Mission hate crimes = violent crimes committed by disturbed individuals who see it as their duty to rid the world of evil.
  • 183. Organizational crimes = crimes that involves large corporations and their efforts to control the market place and earn huge profits through unlawful bidding, unfair advertising, monopolistic practices, or other illegal means. Organized crimes = illegal activities of people and organizations whose acknowledged purpose is profit through illegitimate business enterprise. Public Order crimes = acts that are considered illegal because they threaten general well-being of society and challenge its accepted moral principles. Prostitution, drug use, and the sale of pornography are considered public order crimes.
  • 184. Reactive hate crime = perpetrators believe they are taking a defensive stand against outsiders who they believe threaten their community or way of life. Retaliatory hate crime = offense committed in response to a hate crime, real or perceived. Statutory crimes = crimes defined by legislative bodies in response to changing social conditions, public opinion, and custom. Trill-seeking hate crime = Hatemongers who join forces to have fun by bashing minorities or destroying property; inflicting pain on others give a sadistic thrill.
  • 185. Victimless crimes = crimes that violate the moral order but in which there is no actual victim or target. In these crimes which include drug abuse and sex offenses, it is society as a whole and not an individual who is considered the victim. White-collar crimes = illegal acts that capitalize on a person’s status in the market place. It may involve theft, embezzlement, fraud, market manipulation, restraint of trade, and false advertising.
  • 186. I. Crime of Rape a. acquaintance rape = forcible sex in which offender and the victim are acquainted with one another. b. aggravated rape = rape involving multiple offenders, weapons and victim injuries. c. date rape = forcible sex during the courting relationship. d. gang rape = forcible sex involving multiple attacker. e. marital rape = forcible sex between people who are legally married to each other. f. Serial rape =multiple rapes committed by one person over time. g. statutory rape = sexual relations between an underage minor female and an adult male.
  • 187. II. Crime of killing Homicide = the killing of human being by another. Parricide = the act of killing one’s own father, mother, spouse or child. Infanticide = killing of an infant less than 3 days old. Sororicide = killing one’s own sister. Fratricide = killing of one’s own brother Matricide = killing of a mother by her own child. Patricide = killing of a father by his own child. Uxoricide = act of one who murders his wife. Eldercide = the murder of a senior citizen.
  • 188. Abortion (aborticide) = an act of destroying (killing) a fetus in the womb. Suicide = taking one’s own life voluntarily and intentionally. Regicide =the killing or murder or a king. Vaticide = the killing of a prophet. Euthanasia = mercy killing or the act or practice of painlessly putting to death a person’s suffering from incurable and distressing disease. Involuntary manslaughter = a homicide that occurs as a result of acts that are negligent and without regard for the harm they may cause others, such as driving while under the influence of liquor or drugs. (also known as negligent manslaughter)
  • 189. Voluntary manslaughter = a homicide committed in the heat of passion or during a sudden quarrel; although intent may be present, malice is not. Mass murder = the killing of a large number of people in a single incident by an offender who typically does not seek concealment or escape. Murder = the unlawful killing of a human being with malicious intent. Serial murder = the killing of a large number of people over time by an offender who seeks to escape detection.
  • 190. III. Crimes against Property Acquaintance robbery = robbery who focus their thefts on people they know. Arson = the intentional or negligent burning of a home, structure, or vehicle for criminal purposes such as profit, revenge, fraud, or crime concealment. Arson for profit = people looking to collect insurance money, but who are afraid or unafraid to set the fire themselves, hire professional arsonist. Arson fraud = a business owner burns his or her property, or hires someone to do it, to escape financial problems.
  • 191. Burglary = breaking into and entering a home or structure for the purpose of committing a felony. Carjacking = theft of a car by force or threat of force. Churning = a white collar crime in which a stockbroker makes repeated trades to fraudulently increase his/her commission. Commercial theft = business theft that is part of the criminal law; without such laws the free enterprise system could not exists.
  • 192. Grand Larceny = theft of money or property of substantial values, punished as a felony. Larceny = taking for one’s own use the property of another, by means other than force or threats on the victim or forcibly breaking into a person’s home or workplace; theft. Petit (petty) larceny = theft of a small amount of money or property, punished as a misdemeanor. Pilferage = theft by employees through stealth or deception. Robbery = taking or attempting to take something of value by force or threat of force and/or by putting the victim in fear. Shoplifting = the taking of goods from retail store.
  • 193. TRANSNATIONAL CRIME Transnational Organized crime is a crime perpetuated by organized criminal groups which the aim of committing one or more serious crimes or offenses in order to obtain directly or indirectly, a financial or other material benefits committed through crossing of borders or jurisdictions.
  • 194. CATEGORIES OF TRANSNATIONAL CRIME Trafficking in Persons Environmental Crime Economic crime Cyber crime Piracy and Armed Robbery Against Ships Intellectual Property Theft Illicit Trade of Small Arms and Light Weapons Money Laundering Terrorism Drug Trafficking
  • 195. CRIMINAL In the legal sense, a criminal is any person who has been found to have committed a wrongful act in the course of the standard judicial process; there must be a final verdict of his guilt. In the criminological sense, a person is already considered a criminal the moment he committed a crime.
  • 196. GENERAL CLASSIFICATION OF CRIMINALS 1) On the basis of etiology: a) acute criminals – persons who violate criminal law because of the impulse of the moment, fit of passion or anger b) chronic criminals – persons who acted in consonance with deliberated thinking, such as:
  • 197. b.1) neurotic criminals – persons whose actions arise from the intra-psychic conflict between the social and anti-social components of his personality b.2) normal criminals – persons whose psychic organization resembles that of a normal individual except that he identifies himself with criminal prototype
  • 198. 2) on the basis of behavioral system: a) ordinary criminals – the lowest form of criminal career; they engage only in conventional crimes which require limited skill b) organized criminals – these criminals have a high degree of organization that enables them to commit crimes without being detected and committed to specialized activities which can be operated in large scale businesses. c) professional criminals – these are highly skilled and able to obtain considerable amount of money without being detected because of organization and contact with other professional criminals
  • 199. 3) on the basis of activities: a) professional criminals – those who earn their living through criminal activities b) accidental criminals – those who commit criminal acts as a result of unanticipated circumstances. c) habitual criminals – those who continue to commit criminal acts for such diverse reasons due to deficiency of intelligence and lack of control. d) situational criminals – those who are actually not criminals but get in trouble with legal authorities because they commit crimes intermixed with legitimate economic activities.
  • 200. Career criminals = a person who repeatedly violates law and organizes his or her neighbors. Professional criminals = offenders who make a significant portion of their income for crime. Professional fence = an individual who earns his or her living solely by buying and retailing stolen merchandise. Reasoning criminal = According to the rational choice approach, law-violating behavior occurs when an offender decides to risk breaking the law after considering both personal factors such as need for money, revenge, thrills and entertainment and situational factors such as how well a target is protected and the efficiency of the local police force.
  • 201. CRIMINAL LAW or PENAL LAW Is that branch of public law which defines crimes, treats of their nature and provides for their punishment . Spanish Penal Code of 1870 = Considered as the main source of the Revised Penal Code (Act 3815) = Revised Penal Code (Act 3815) took effect– Jan. 1, 1932 Approved: Dec. 8, 1930 = Special Penal Laws = City and Municipal Ordinances
  • 202. CHARACTERISTICS OF CRIMINAL LAW 1) It is general in application/ GENERALITY: 2) It is territorial in character/ TERRITORIALITY: 3) It is prospective or irretrospective/PROSPECTIVITY: 4) It is specific and definite. 5) It is uniform in application. 6) There must be a penal sanction or punishment.
  • 203. EVOLUTION OF CRIMINAL LAWS A) PREHISTORIC CRIME AND PUNISHMENT Primitive Tribes - punishment may be in the form of ostracism and expulsion. - adultery may be punished by the aggrieved husband who may kill the adulterer and his own offending wife. - crime may be avenged by the victim himself or by the victim’s family.
  • 204. Sumerian Code = (King Dungi) hundred years earlier than Code of Hammurabi made from clay tablets.
  • 205. 1)CODE OF HAMMURABI - Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first codifier of laws - it provides the first comprehensive view of the laws in the early days. - the Code was carved in stone. - Principle of “ Lex Taliones” or “Oculo pro oculo, dente pro dente” or the principle of “tit for tat”,(an eye for an eye, tooth for a tooth) = the principle which is basically describing the Code of Hammurabi. - under the principle of the law of talion, the punishment should be the same as the harm inflicted on the victim
  • 206. 2) THE HITTITES - the Hittites existed about two centuries after Hammurabi and eventually conquered Babylon Highlights of the laws of the Hittites: - capital punishment was used for many offenses, except for homicide or robbery. - rape, sexual intercourse with animals, defiance of the authority and sorcery were all punishable by death. - the law of homicide provided for the restitution to the victim’s heirs. - law enforcement and judicial functions were placed in the hands of commanders of military garrisons.
  • 207. 3) CODE OF DRAKON - knows as the “ultimate in severity” - codified by Drakon, the Athenian lawgiver of the seventh century BC Highlights of the Code of Drakon: - death was the punishment for almost every offense - murderers might avoid execution by going into exile; if they return to Athens, it was not a crime to kill them - death penalty was administered with great brutality
  • 208. 4) 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 Highlights of the Laws of Solon: - the thief was required to return stolen property and pay the victim a sum equal to twice its value. - for the crime of temple robbery, the penalty was death. - for rape of a woman, the penalty was a fine of certain amount.
  • 209. 5) ROME’S TWELVE TABLES Roman law began with the Twelve Tables which were written in the middle of the sixth century BC. the Twelve Tables were the foundation of all laws in Rome and written in tablets of bronze. the Twelve Tables were drafted by the Decemvirs, a body of men composed of patricians. (Decemviri Consulari Imperio Legibus Scribundis)
  • 210. Highlights of the Twelve Tables: if a man break another’s limb and does not compensate the injury, he shall be liable to retaliation a person who committed arson of a house or a stack of corn shall be burned alive judges who accepted bribes as well as those who bribed them were subject to execution any act of treason was punishable by crucifixion
  • 211. Two known written codes in the Pre-Spanish Era in the Philippines was: a. Maragtas Code (1250 AD) Datu Sumakwel of Panay. b. Kalantiaw Code (1433 AD) (Datu Kalantiaw) Pre-Classical Period Demonological Theory = it maintains that criminal behavior was believed to be the result of evil spirits and demons something of natural force that controls his/her behavior.
  • 212. School of thoughts = is a term that refers to a group of beliefs or ideas that support a specific theory. Theory = is a set of statements devised to explain behaviors, events or phenomenon, especially one that has been repeatedly tested and widely accepted.
  • 213. CLASSICAL CRIMINOLOGY This school of thought is based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions. According to classical criminologists, individuals have free will. They can choose legal or illegal means to get what they want, fear of punishment can deter them from committing crime and society can control behavior by making the pain of punishment greater than the pleasure of the criminal gains.
  • 214. SCHOOLS OF THOUGHT IN CRIMINOLOGY
  • 215. Classical Neo-Classical Positivist = Philosophical Approach = Free- Will Theory (Rationale Choice Theory) = “On Crimes and Punishment) = Cesare Beccaria (Cradle of Criminology Education) & Jeremy Bentham = Utilitarianism (Pain & Pleasure) = Greatest Happiness = Felicific Calculus =designed the “Panoptican Prison”. Principle of punishment : Certainty of Punishment Purpose of punishment : Retribution (social vengeance) Modified the Classical theory = Although men have free-will, there factors that restrict their exercise of free-will such as pathology, incompetence, insanity or any condition that will make it impossible for the individual to exercise free will entirely. Composed mainly of British philosophers who continue the traditions of classical criminology within the framework of “Right Realism”. August Comte = father of sociology Positivist = the people who followed the concept of August Comte. =Scientific Approach = Cesare Lomroso (Father of modern empirical Criminology) = Born criminal theory (Atavistic stigmata/atavistic anomalies) = focus on the concept of Biological, psychological and sociological determinism. Purpose of punishment : Reformation/Rehabilitatio n
  • 216. NEOCLASSICAL CRIMINOLOGY This theory modified the doctrine of free will by stating that free will of men may be affected by other factors and crime is committed due to some compelling reasons that prevail. These causes are pathology, incompetence, insanity or any condition that will make it impossible for the individual to exercise free will entirely. In the study of legal provisions, this is termed as either mitigating or exempting circumstances.
  • 217. • In his work entitled “A System of Positive Polity”, Auguste Comte presented three (3) elements of positivistic elements composed of the following: • 1. Application of the scientific method; • 2. Discovery and diagnosis of pathology; and 3.Treatment • The “ Father of Modern Sociological and Psychological Statistics”; he insisted upon the impact of group factors and characteristics on crime causation and considered as the “First Scientific Criminologist”. --- Lambert Adolphe Jacques Quetelet
  • 218. II.Trait Theory POSITIVIST CRIMINOLOGY = The school of thoughts that criminal behavior is based on biological, psychological and social factors. The shift from the Philosophical to scientific approach in explaining the causes of crime. Positive theorists were the first to claim the importance of looking at individual difference among criminals. These theorists who concentrated on the individual structures of a person, stated that people are passive and controlled, whose behaviors are imposed upon them by biological and environmental factors.
  • 219. CLASSICAL THEORY Def. of Crime : Legal (violation of law, rights and social contract) Focus of : The Criminal act (specific offense/ Analysis the criminal law) Cause of : Rationality (individual choice/ Crime irrational decisions) Nature of : Voluntaristic (free-will, self interest Offender and equal capacity to reason) Response to : Punishment (proportionate, fixed Crime determinate) Crime Prevention : Deterrence (pleasure-pain principle reform of the legal system) Operation of CJS : Legal-philosophical approach (basic)
  • 220. Leading Personalities: Cesare Beccaria and Jeremy Bentham It was born our of a profound critique of the arbitrary nature of judicial decision making, harsh and barbaric in the form of punishment to include death and routine torture as a means. (Beccaria) Basis of Social action is the UTALITARIAN concept of the Greatest Happiness for the greater number of people. Crime is an injury to the society punishment is not simply for social revenge or retribution but for the general good and punishment is a form of deterrence for others not to commit crime. Prevention is more important than imposing punishment. To effectively prevent the commission of a crime, everyone must knew the law. Human as a rational being should be punished with rational and proportionate penalty and that Justice system must be professionalized.
  • 221. (Bentham) All behavior is reducible to that of seeking pleasure and avoiding pain (Pleasure-pain principle). Thus, punishment should provide greater pain than the pleasure of committing crime. Challenges to the classical theories are: will it serve the ends of justice and equality when applies to all people regardless of sex, age and mental capacity? Will it cope with the demands of growing bureaucratization? Vested interest. Improve the system particularly in court reforms took place (neo-classical) that would consider extenuating circumstances where individuals could be deemed not totally responsible for the crime committed/omitted.
  • 222. POSITIVIST THEORY Def. of Crime : Natural (violation of social consensus/extends legal def. and deviant behavior with respect to social norms) Focus of Analysis : The offender (Char. of the offender) Cause of : Pathology (individual deficiency/ Crime not a matter of individual choice) Nature of : Determined and/or predisposed. Offender Biological & social conditioning & Ind. Diff.) Response to : Treatment (diagnosis on individual basis Crime & indeterminate to fit offender) Crime Prevention : Diagnosis and classification early intervention) Operation of CJS : Scientific approach (measurement & evaluation/ essentially neutral)
  • 223. Leading personality : Cesare Lombroso It grows from the scientific research to provide explanation for criminal behavior focusing on “biological and psychological factors”. Lombroso distinguished different types of individuals and classify them according to racial and biological differences. The Idea of ‘born criminal’ and early study focus on the concept of ‘atavistic stigmata’ . Later he modified his view with the development of the typology of criminals into: ‘epileptic’, ‘insane’ and the ‘occasional’ criminal and others. Principle of Cranoscopy, prenology, somotype (body built) and the genetic factors according to XYY chromosome theory are some of the biological explanations.
  • 224. CESARE LOMBROSO Considered the FATHER OF MODERN CRIMINOLOGY due to his application of modern scientific methods to trace criminal behavior, however, most of his ideas are now discredited He claimed that criminals are distinguishable from non-criminals due to the presence of atavistic stigmata – the physical features of creatures at an earlier stage of development
  • 225. DIFFERENT APPROACHES UNDER THE POSITIVIST CRIMINOLOGY A) BIOLOGICAL DETERMINISM This explanation for the existence of criminal traits associates an individual’s evil disposition to physical disfigurement or impairment.
  • 226. School of human physiognomy, the study of facial features and their relation to human behavior ----GIAMBATTISTA DELA PORTA (1535-1615) Cranioscopy, a method to study the personality and development of mental and moral faculties based on the external shape of the skull ----FRANZ JOSEPH GALL (1758-1828) Cranioscopy was later renamed as Phrenology, the study that deals with the relationship between the skull and human behavior
  • 227. B. PYSCHOLOGICAL DETERMINISM There are many ways to classify psychological theories of crime causation. Some of the theories emphasize emotional problems, mental disorders, sociopathy and thinking patterns. But the common assumption of these theories is that there is something wrong with the mind of the offender which caused him to commit crimes.
  • 228. 1) SIGMUND FREUD (1856-1939) - he is recognized as the FATHER OF PSYCHOANALYSIS - he believed that man carry with him residue of the most significant emotional attachments of his childhood, which then guide future interpersonal relationship. - he founded the PSYCHOANALYTIC (Psychodynamic) THEORY OF CRIMINALITY in which he attributed delinquent and criminal behavior to a conscience that is overbearing which arouses feelings of guilt or a conscience that is so weak that it cannot control the individual’s impulses and the need for immediate gratification.
  • 229. PERSONALITY IS COMPRISED OF THREE COMPONENTS: a) ID – this stands for instinctual drives; the primitive part of the individual’s mental make-up present at birth; it is governed by the “pleasure principle”; represents the unconscious biological drives for pleasure; the id impulses are not social and must be repressed or adapted so that they may become socially acceptable
  • 230. EGO – this is considered to be the sensible and responsible part of an individual’s personality and is governed by the “reality principle”; it is developed early in life and compensates for the demands of the id by helping the individual guide his actions to remain within the boundaries of accepted social behavior; it is the objective, rational part of the personality.
  • 231. SUPEREGO – serves as the moral conscience of an individual; it is structured by what values were taught by the parents, the school and the community, as well as belief in God; it is largely responsible for making a person follow the moral codes of society. It is divided into two parts: conscience (tells what is right or wrong) and ego ideal (directs the individual to morally acceptable and responsible behaviors, which may not be pleasurable).
  • 232. PSYCHOSEXUAL STAGES OF HUMAN DEVELOPMENT Eros = the most basic human drive present at birth (the instinct to preserve and create life). An expressed sexually. Oral stage = usually during the first year of life when the child attains pleasure by sucking and biting. Anal stage = focus on the elimination of bodily wastes during the second and third years of life.
  • 233. Phallic stage = during the third year when child focus their attention on their genitals. Oedipus complex = a stage of development when male begin to have sexual feelings for their mother. Electra complex = a stage of development when girls begin to have sexual feelings for their fathers. Latency = begins at age 6. Feelings of sexuality are expressed until the genital stage begins at puberty; this marks the beginning of adult sexuality.
  • 234. Fixated person = exhibit behavior traits characteristics of those encountered during infantile sexual development e.g. an infant who does not received enough oral gratification during the first year of life is likely as an adult engage in such oral behavior as smoking, drinking, or drug abuse and others.
  • 235. 1) EMOTIONAL PROBLEMS THEORIES The emotional problem theories look at the offender as having the same psychological make-up as that of a non-offender. There is no disease or psychological disorder present in the offender. But the offender does not cope well with his environment and this creates frustration that results in crime. The emotional problem theories assume that the lawbreaker does not have a great mental sickness that causes him to commit crimes but rather, he commits crime because of everyday emotional problems that made him unable to cope. As a result, the offender acts out criminally.
  • 236. 2) MENTAL DISORDER THEORIES There are two general types of mental disorders. First, the organic disorder, where the physiological cause can be identified, such as head injuries that left the mind blank, senility, Parkinson’s disease and Alzheimer’s disease. Organic disorders refer to the brain’s disorder or sickness. Second is the functional disorder, which is characterized by strange behavior that cannot be traced to any known organic disease. Examples of functional disorders are those people with no apparent brain sickness who hear voices that other do not hear, or who see things that others do not see.
  • 237. TYPE OF MENTAL DISORDERS 1) NEUROSES - a common type of mental disorder used to explain criminal behavior - also referred to as hysteria or neurasthenia - some of the more common neuroses are: a) ANXIETY – also known as anxiety state or anxiety reaction; characterized by the person feeling anxious, fearful anticipation or apprehension; the person may be irritable, have poor concentration and over reacts to things that are annoying
  • 238. b) OBSESSIVE COMPULSIVE BEHAVIOR – people who suffer from this have unwanted, intrusive and repetitive thoughts or behaviors OBSESSION – a repetitive and irresistible thoughts or urge COMPULSION – a repetitive behavior that is thought to produce or prevent something that is thought to be magically connected to the behavior
  • 239. c) PHOBIA – excessive and unexplainable fear of something; generally exaggerated fear of things that normal people do not fear with the same degree d) DEPRESSION – extreme feeling of low morale, sadness, loneliness, self-pity, despair, rejection, boredom and pessimism; a person is said to be depressed if these feelings become pervasive and can already affect all aspects of a person’s life e)IMPULSE DISORDER – an excessive or unreasonable desire to do or have something; an irrational or irresistible motive; examples of this are kleptomania, pyromania, dipsomania and others
  • 240. 2) PSYCHOSES - a more serious type of mental disorder, which can be organic or functional - psychotic people lose contact with reality and have difficulty distinguishing reality from fantasy - the most common type of psychosis are the following: SCHIZOPRENIA – also called dementia praecox; characterized by distortions or withdrawal from reality, disturbances of thoughts and language and withdrawal from social contact. b) PARANOIA - gradual impairment of the intellect, characterized by delusions or hallucination.
  • 241. DELUSION – false belief HALLUCINATION – false perception DELUSIONS OF GRANDEUR – a false belief that you are greater than everybody else DELUSIONS OF PERSECUTION – a false belief that other people are conspiring to kill, harm or embarrass you
  • 242. Albert Adler (1870- 1937) = founder of individual psychology and coined the term “inferiority complex” --- people who have feelings of inferiority and compensate for them with a drive for superiority. Erik Erikson (1902-1984) = described the so called “identity crisis”----a psychological state in which youth face inner turmoil and uncertainty about life roles.
  • 243. August Aichorn = he concluded that sociatal stress, though damaging, could not alone result in a life of crime unless a predisposition existed that psychologically prepared youths for antisocial acts. He called this mental state –the latent delinquency, found on youths whose personality requires acting in the following ways: (1) seek immediate gratification, (2) consider satisfying their personal needs more important than relating to others, and (3) satisfying instinctive urges without considering right and wrong (they lack guilt).
  • 244. Isaac Ray = an acknowledged American psychiatrist who popularized the concept of “moral insanity” in his book, “A treatise on the Medical Jurisprudence of Insanity”. Behavior Theory = It maintains that human actions are developed through learning experiences. Rather than focus on unconscious personality traits or cognitive development patterns produced early in childhood, behavior theorist are concerned with actual behaviors in people’s daily lives.
  • 245. C)SOCIOLOGICAL DETERMINISM 1) EMILE DURKHEIM - one of the founding scholars of sociology - published a book,“Division of Social Labor”, which became a landmark work on the organization of societies - according to him: a) Crime is as normal a part of society as birth and death - One of his profound contributions to contemporary criminology is the concept of anomie, the breakdown of social order as a result of loss of standards and values
  • 246. b) Crime is part of human nature because it has existed during periods of both poverty and prosperity c) As long as human differences exists, which is one of the fundamental conditions of society, it is but natural and expected that it will result to criminality
  • 247. 2) GABRIEL TARDE (1843-1904) – forerunner of modern day learning theorists. - introduced the Theory of Imitation, which governs the process by which people become criminals - The Theory of Imitation is explained by the following patterns: a) Pattern 1: individuals imitate others in proportion to the intensity and frequency of their contact b) Pattern 2: inferiors imitate superiors c) Pattern 3: when two behavior patterns clash, one may take the place of the other
  • 248. 3) ADOLPHE QUETELET - He repudiated the free will doctrine of the classicists - He founded what is known as the CARTHOGRAPHIC SCHOOL OF CRIMINOLOGY, together with ANDRE MICHAEL GUERRY - This study used social statistical data and provided important demographic information on the population, including density, gender, religious affiliations and social economic status - He found a strong influence of age, sex, climate condition, population composition and economic status in criminality
  • 249. 4) ENRICO FERRI - a member of the Italian parliament - he believed that criminals could not be held morally responsible because they did not choose to commit crimes but was driven to commit them by conditions of their lives Rafael Garofalo He traced the roots of criminal behavior not on physical features but in their psychological equivalents which he called “moral anomaies” Natural crimes (those that offend the basic moral sentiments of probity) are found in all societies and no civilized society can afford to disregard them.
  • 250. Types of Criminal according to Garoffalo: Murderers (from vengeance and revenge) Violent Criminals (commits very serious crimes) Deficient Criminals (commit crimes against property) Lascivious Criminals (commit crimes against chastity).Garofalo’s Law of Adaptation = followed the biological principle of Darwin in terms of adaptation and natural selection. SOCIOLOGICAL CONCEPTS AND CRIME CAUSATIONS The study of sociology provides many ideas and opinions that help in understanding why a person becomes a criminal.
  • 251. SOCIAL NORMS - Also called rules of conduct - shared standard of behavior which in turn require certain expectations of behavior in a given situation - Socially accepted and expected behavior or conduct in society - set of rules that govern an individuals behavior and actions SOCIALIZATION - refers to the learning process by which a person learns and internalizes the ways of society so that he can function and become an active part of society.
  • 252. CULTURE refers to the system of values and meanings shared by a group of individuals including the embodiment of those values and meanings in a material object refers to the way of life, modes of thinking, acting and feeling it is a design of living that is transmitted from one generation to the next
  • 253. MODERN EXPLANATIONS OF CRIMES AND CRIMINAL BEHAVIOR A) SOCIAL STRUCTURE THEORIES 1) SOCIAL DISORGANIZATION THEORY - focuses on the conditions within the urban environment that affect crime rates (Clifford Shaw and Henry Mckay) - Links crime rate to neighborhood ecological characteristics - Views crime-ridden neighborhoods as those in which residents are uninterested in community matters; therefore, the common sources of control – family, school, church, and barangay authorities – are weak and disorganized - Also called differential social organization
  • 254. Shaw and Mckay =works on social ecology (environmental forces that have a direct influence on human behavior) as influence by urban sociologist Robert Ezra Park and Ernest Burgess was focused on social institutions such as school and the family and how their breakdown influences deviant and anti-social behavior. He popularized social disorganization theory.
  • 255. 2) STRAIN THEORY - holds that crime is a function of the conflict between the goals people have and the means they can use to legally obtain them - argues that the ability to obtain these goals is class dependent: members of the lower class are unable to achieve these goals which come easily to those belonging to the upper class - Consequently, they feel anger, frustration and resentment, referred to as STRAIN - The commission of crimes with the aim of achieving these goals results from this conflict
  • 256. 3) CULTURAL DEVIANCE THEORY - combines the elements of both strain and disorganization theories - theorizes that in order to cope with social isolation and economic deprivation, members of the lower class create an independent subculture with its own set of rules and values Cultural transmission = the concept that conduct norms are passed down from one generation to the next so that they become stable within the boundaries of a culture.
  • 257. B) SOCIAL PROCESS THEORIES 1) SOCIAL LEARNING THEORY - believes that crime is a product of learning the norms, values and behaviors associated with criminal activity
  • 258. a) DIFFERENTIAL ASSOCIATION THEORY - formulated by Edwin Sutherland - believes that criminality is a function of a learning process that could affect any individual in any culture - His theory is outlined as follows: i. criminal behavior is learned; ii. Criminal behavior is learned in interaction with other persons in a process of communication;
  • 259. the principal part of learning of criminal behavior occurs within an intimate personal group; when criminal behavior is learned, the learning includes techniques in committing the crimes which are sometimes very simple, the specific direction of motives, drives, rationalization and attitudes; the process of learning criminal behavior by association with criminal and anti-criminal patterns involves all of the mechanisms that are involved in any other learning
  • 260. b) DIFFERENTIAL REINFORCEMENT THEORY - according to this theory, people strike a balance between being “all-deviant” and “all-conforming” - Behavior persists depending on the degree to which it was rewarded or punished. c) Neutralization Theory = (David Matza/Gresham Sykes) ---People are always aware of their moral obligation to abide by the law and that they have the same moral obligation within themselves to avoid illegal acts. (drift theory)
  • 261. 2) SOCIAL CONTROL THEORY - maintains that all people have the potential to violate the law and that modern society presents many opportunities for illegal activities - argues that people obey the law because behavior and passions are being controlled by internal and external forces Its sub group is : Containment theory and Social bond Theory.
  • 262. Containment theory =(Walter Reckless) states that outer and inner containment helps prevent juvenile offending. Inner containment ( positive self-concept, tolerance for frustration and ability to set realistic goals) Outer containment involves such institutions as family. Social Bond (Travis Hirschi) = it views that crime as a result of individual with weakend bonds to social institutions (Its four elements are: attachment, commitment, involvement and belief)
  • 263. 3) SOCIAL REACTION THEORY - Also called LABELING THEORY - holds that people enter into law-violating careers when they are labeled for their acts and organize their personalities around the labels. - Negative labels have dramatic influence on the self-image of offenders.
  • 264. Behavior Theory = maintains that human actions are developed through learning experiences. It focuses on the actual behaviors people engaged during the course of their daily life. Social Learning Theory = views that human behavior is modeled through observation of human social interactions, either directly (observing those who are close and from intimate contact) or indirectly (through media)
  • 265. Social process theory = views that criminality is a function of people’s interaction with various organization, institutions, and process in society. Social structure theory = views that disadvantage economic class position is a primary cause of crime. Social control theory = views that people commit crime when the forces that bind them to society are weakened or broken. Social reaction theory (labelling theory) = views that people become criminals when significant members of society label them as such as they accept those labels as a personal identity.
  • 266. Social disorganizational theory = branch of social structure theory that focuses on the breakdown of institutions such as family, school, and employment in inner city neighborhood. Strain theory =
  • 268.
  • 269. CORRECTIONS • Involve the treatment, incapacitation, and punishment of criminal offenders who have been convicted in a court of law. • The criminal court convicts and sentences those who are found guilty of crimes.
  • 270. RETRIBUTION • Involves the nation or idea that a wrongdoing should be punished to “ pay back “ or compensate for his criminal acts. • Retributive forms of punishment can be traced to ancient times, such as the Code of Hammurabi which stressed the doctrine of lex taliones; meaning “ an eye for an eye” • This penal practice was based on the motive of reciprocal revenge for crime.
  • 271. JAIL AND PRISON • Jail are different from prisons because they are administered by local government such as municipality, city, or province, while prisons are administered by the state or national government. • Furthermore, Jails are institutions for the confinement of untried prisoners and sentenced prisoners serving imprisonment of not more than 3 years while prisons are institutions for the confinement of sentenced prisoners serving imprisonment of more than 3 years.
  • 272. TYPES OF JAILS 1. The lock-up. • This is a security facility, usually operated by the police department, for the temporary detention of person held for investigation or awaiting preliminary hearing; 2. The Ordinary Jail. • This institution houses both offenders awaiting court action and those serving short sentences, usually up to 3 years; 3. TheWorkhouse Jail. • These institutions house minimum custody offenders serving short sentences, usually not more than 3 years.
  • 273. PARDON • Is a form of executive clemency which is exercised by the Chief Executive. • It is an act of grace and the recipient of pardon is not entitled to it as a matter of right.