SOCIOLOGY OF CRIMES

Reviewer

 Criminology is a social dealing with the nature, the extent and causes of crimes, the
characteristics of criminals and their organizations, the problems of apprehending and
convicting law violators and the management of jail facilities and correctional institutions.

 Generally, criminology cannot be considered a science because it has not yet acquired universal
acceptance and validity. Nevertheless, considering that science is the systematic and objective
study of social phenomenon and other bodies of knowledge, criminology is a science itself
when under the following circumstances:
a) It is an applied science – in the study of the causes of crimes, anthropology, psychology,
sociology and other natural sciences. While in crime detection, ballistics, chemistry,
legal medicine, mathematics, physics, polygraphy and questioned document
examination maybe utilized. This is termed as Instrumentation.
b) It is a social science – in as much as crime is a societal creation that it exists in a
civilization being a social phenomenon, its analysis must be considered a part of social
science

 Scope of the study of Criminology

Study of the origin and advancement of criminal law and penal law. Study of the
origins of crimes and development of criminals.

 Criminal demography – study of the correlation between criminality and population.

 Criminal epidemiology – study of the correlation in relation to “spatial distribution” in a

community.

 Criminal ecology – study of connection between environmental and criminality.

 Criminal physical anthropology – study of criminality in relation to physical constitution of

man.

 Criminal psychiatry – study of human mind in relation to criminality

 Criminal psychology – study of human behavior in relation to criminality

 Victimology – study of the part of the victim in the commission of a crime

 Study of the various measures and methods accepted by society in cases of violation of criminal
laws such as:
 The detection and the investigation of crimes
 The arrest or apprehension of criminals
 The prosecution of suspected law violators
 The conviction of criminals in a judicial proceeding
 The imprisonment, treatment and rehabilitation of the convicted criminal
 The enforcement of laws, decrees, rules and regulations.
 The administration of the police and other law enforcement agencies

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  The maintenance of recreational facilities and other auxiliary services to prevent the
development of crimes and criminal behavior

 Criminology is the scientific study of criminals as an individual and crime as a social

phenomenon

 Criminology is an interdisciplinary field in the behavioral sciences, deriving especially on the

research of sociologist and psychologist, as well as on writings on law.

 In 1885, Italian Law professor RAFFAELE GAROFALO coined the term Criminology

 Developed in the mid 18th century, the CLASSICAL SCHOOL was based on utilitarian
philosophy. Its proponents were CESARE BECCARIA, author of “on Crime and Punishment
(1763 – 64), JEREMY BENTHAM, inventor of the panopticon. (“Panopticon”—a model prison
where all prisoners would be observable by (unseen) guards at all times—a project which he
had hoped would interest the Czarina Catherine the Great. After his return to England in 1788,
and for some 20 years thereafter, Bentham pursued—fruitlessly and at great expense - the idea
of the panoptican).

 The CLASSICAL SCHOOL of THOUGHT argued that:

 People have free will to choose how to act

 Deterrence is based upon the utilitarian ontological notion of the human being a
“hedonist” who seeks pleasure and avoids pain, and a “rational calculator” weighing up
the costs and benefits of the consequences of each action.

 Punishment can deter people from committing crime, as the penalties outweigh benefits
and that severity of punishment should be proportionate to the crime.

 The more swift and certain the punishment, the more effective it is in deterring criminal
behavior.

 The CLASSICAL SCHOOL of THOUGHT came about at a time when major reform in
penology occurred with the establishment of prisons incarceration was developed as a form of
punishment. This period saw many legal forms, the French Revolution and the development of
the legal system in the United States.

 The NEO – CLASSICAL SCHOOL continued the traditions of the Classical School within the
framework of RIGHT REALISM. The UTILITARIANISM of JEREMY BENTHAM and
CESARE BECARRIA remains an important and relevant social philosophy in policy term using
for using punishment as a deterrent through law enforcement, the courts and imprisonment

 UTILITARIANISM is the ethical principle that the moral worth of an action is solely
determined by its contribution to overall utility. It is a form of consequentialism.

 UTILITY – the good to be maximized, has been defined by various thinkers as pleasure or
happiness versus pain or suffering. It is the satisfaction of preferences or “interest”.

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  Some utilitarian count the interests of any and all sentiment beings when assessing
overall utility.

 THE POSITIVIST SCHOOL advocates that criminal behavior is caused by internal and
external factors outside of the individual’s control.

 The SCIENTIFIC METHOD was introduced and applied to study human behavior
 Positivism can be broken up into three (3) branches which includes biological,
psychological and social positivism.

 CESARE LOMBROSO, an Italian prison doctor working in the late 19 th century and sometimes
regarded as the Father of Criminology, was one of the largest contributors to biological
positivism.
 LOMBROSO took a scientific approach, insisting on empirical evidence for studying
crime

 LOMBROSO is also considered as the founder of criminal anthropology, he suggested

that physiological traits such as the measurement of one’s cheekbones or hairline, or a
cleft palate, considered to be throwbacks to Neanderthal man, were indicative of
“atavistic” criminal tendencies.

 This approach was influenced by the earlier theory of Phrenology and by Charles
Darwin and his theory of evolution, has been superseded.

 Modern research examines genetic characteristics and the chemistry of nutrition to determine
whether there is an effect on violent behavior

 ENRICO FERRI, a student of LOMBROSO, believed that social as well biological factors
played a role and held the belief that criminals should not be held responsible for the factors
causing their criminality were beyond their control. Criminologist has since rejected
LOMBROSO’s biological theories, with control groups not used in his studies.

 ADOLPHE QUETELET made use of data and statistical analysis to gain insight into
relationship between crime and sociological variables. He determined that age, gender
education, poverty and alcohol consumption were important factors related to crime.

 EMILLE DURKHEIM viewed crime as an inevitable and expected aspect of society, with
uneven distribution of wealth and other differences among people.

 POST MODERNIST SCHOOL applies postmodernism to the study of crime and criminals and
understands “criminality” as a product of the power to limit the behavior of those individuals
excluded from power, but who try to prevail over social inequality and behave in ways, which
the power structure prohibits.

 THE CHICAGO SCHOOL is a POSITIVIST SCHOOL, applying scientific methods and

techniques to the collection and deductive analysis of data to explain different types of
individual and social phenomena. It has focused on human behavior as determined by social
structures and physical environmental factors, rather than genetic and personal characteristics.

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  The CHICAGO SCHOOL arose in the early 2oth century, through the work of
ROBERT EZRA PARK, ERNEST BURGESS, and other urban sociologist at the
University of Chicago

 CHICAGO SCHOOL SOCIOLOGISTS adopted a social ecology method to studying

cities, and postulated that urban neighborhoods with high levels of poverty often
experience breakdown in the social structure and institutions such as family and
schools. This results in social disorganization, which limits and reduces the ability of
these institutions to control behavior and creates an environment conducive for deviant
behavior.

 EDWIN SUTHERLAND suggested that people learn criminal behavior from older and more
experienced criminals that hey may associate with,

 Criminal Sociology – this includes the fundamentals of criminology, juvenile delinquency,

human behavior and crisis management, ethics and community relations, criminal justice
system.

 Criminals classified on the BASIS OF ETIOLOGY:

 ACUTE criminals – people who violate criminal law due to the impulse of the moment,
fit of passion or anger or spell of extreme jealousy
 CHRONIC criminals – persons who acted in deliberate thinking
 NEURETIC criminals – refers to insane criminals whose actions arise from intra –
psychic conflict between the social and anti – social components of their personality
 CRIMINALOIDS – a term used to denote those born criminal type whose unlawful act
are cause by an organic pathological process

 Criminals classified on the BASIS OF BEHAVIORAL SYSTEM

 ORDINARY CRIMINALS – refers to the lowest form of criminal careers. They engage
only in typical crimes which require limited skill. They lack organization to avoid arrest
and conviction.
 ORGANIZED CRIMINALS – these criminals possesses a high degree of organization
to allow them to commit crime without being detected and commit to specialized
activities which can be maintained and operated in large scale. Force, intimidation,
violence, influence and bribery are tools utilized to gain and maintain control over
economic activities.
 PROFESSIONAL CRIMINALS – are highly trained and skilled to make possible for
them to acquire considerable amount of money without being detected because of
experience and special knowledge, their organization and contact with other
professional criminals. They specialize in crimes which require skill such as gun for
hires, game fixing, counterfeiting and others.

 Criminals classified on the BASIS OF ACTIVITIES

 Professional criminals – are those who make and earn their living through criminal
activities

 Accidental criminals – refer to those who commit criminal acts as a result of unforeseen
and unanticipated circumstances

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  Habitual criminals – those who continue to commit criminal acts for such varied and
diverse motive due to deficiency of intelligence and lack of self – control.

 Situational criminals – those who are not usually considered as criminals but constantly
in trouble with legal authorities

 Criminals classified on the BASIS OF MENTAL ATTITUDES

 Active aggressive criminals – those who perpetrate crimes in an impulsive manner,
usually due to the aggressive behavior of the offender

 Passive inadequate criminals – those who commit crimes because they are urged and
pushed to it by means of inducement, by reward or promise without considering its
consequences

 Socialized delinquents persons who are normal in their conduct but merely defective in
their socialization process

 Single or Unitary Causes argues that crime is produced only by one factor or variable be they
are social, biological or mental.

 Multiple Factor Theory contends that crime is not a product of a single cause or factor but a
combination of several factors.

 Eclectic Theory - contends that crime is one instance may be cause by one or more factor, while
in other instances it is caused by another set of factors.

 The explanation that crime is caused by demon – contends that men commit anti – social acts
because the demons, spirits or someone from the other world instructed, pushed or forced them
to do so. This belief is rampant during the ages when any wrongful act of man is attributed to
the will of the devils or other supernatural beings.

 The explanation that CRIME IS CAUSED BY DIVINE WILL – this thought argues that men
manifest criminal behavior because they are sinful hence God want to punish them. During the
ancient period, criminals are given the right of sanctuary whereby they can seek refuge in the
temples of God so that they will be free from prosecution and punishment. Early American
system of prison management does not allow inmates to talk with one another or prisoners are
place in single cells so as to give them more opportunity for repentance and to ask forgiveness
from God.

 The explanation that CRIME IS THE RESULT OF FREE WILL OF MEN (Classical School of
Thought by Becarria). According to Becarria, men are fundamentally a biological organism with
intelligence and rationality, which control their behavior. Before men tries to do something, he
tries to resolve the amount of pain they will suffer and the amount of pleasure they will receive.
Their future actions will depend on the balance of the two considerations if there will be more
pains than pleasure, they will desist from doing the act, but if pleasure will exceed the pain they
will carry on their plan to commit the unlawful act. It concludes that, crime is caused by the
rational effort of men to augment their pleasures and minimize their pains.

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  Some of the noteworthy features of the CLASSICAL SCHOOL OF THOUGHT IN
CRIMINOLOGY:
 Some people are steered by free will
 All behavior is guided by hedonism (pleasure/pain calculation)
 All crime is the result of free will and hedonism
 All punishment should correspond to the offense
 Bad people are nothing more than the outcome of bad laws.

 JOHN HOWARD (1726 – 1790)

He made it his life’s purpose to go into the prisons and clean them up, to make them
more sanitary. Between 1775 and 1790, he made seven (7) journeys across Europe in search of a
humane prison system. He conducted these investigations on his own and financed them himself. In
1866, the Howard Association was created, dedicated to most efficient means of penal treatment and
crime prevention and a reformatory and radically preventive treatment of offenders.

Some of the topics that the Howard Association has dealt with over the years
include the following:
 Mothers and babies in prison
 Overcrowding in prison
 Prison regimes
 Drugs in prison
 Healthcare and mental health in prison
 Educational programs
 Suicide and self injury in prisons

 JEREMY BENTHAM (1748 – 1832)

Another major personage from the Classical School, an Englishman and in his book
“ Introduction to the Principles of Morals and Legislations” made the following points:
 Society is based on social contract, which convene for the exchange of liberties for
freedoms.
 All people being equally possessed of free will and the ability for rational thought
should be treated equally.
 The law should be extensively known, this is referred to as “cognoscibility” or a person
being cognizant of the law at all times, at least in knowing what the “actus res “ is of
each and every crime.
 “UTILITARIANISM” (BENTHAM’s version of Hedonism) should be the basis of
social supremacy as it is for most human behavior.
 Punishment should be the minimum required to discourage the individual and others
from doing or mimicking it.
 Judges should not enjoy too much discretion in sentencing; sentences should be about
equal for equal crime (determinate sentence)

 NEO – CLASSICAL SCHOOL of THOUGHT

This explanation accepts the fact that crimes are committed in accordance with free will
of men but the act of committing a crime is modified by some causes that finally prevail upon
the person to commit crimes. These causes are pathology, incompetence, insanity or any
condition that will make it possible for the individual to exercise free will entirely. In the study
of legal provisions, this is either mitigating or exempting circumstances.

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 The Neo Classical School of Thought emerged between 1880 and 1920. It stressed
individual accountability and individualization of punishment. Its leading proponents were
figures such as Gabriel Tarde (1843 - 1904) and his student Raymond Salielles (1898). Its
general features include:
 Character (not free will nor determinism) is the cause of criminality.
 Crime and punishment should be equivalent, not essentially proportional or “fitting”
 Imprisonment should be the customary method of punishment
 Treatment should be individualized, according to the incorrigibility of temperament
 Every punishment should consists of a measure of deterrence, exemplary but not
vengeful (except for the insane who should be treated by other experts)
 Abolition of the death penalty

 POSITIVE SCHOOL OF THOUGHT

The explanation that criminals are born by Cesare Lombroso (1835 – 1909).

The Positive School consists of the following:

 Study first the natural origin of crime and
 Then its social and legal consequences in order to provide its social and legal means
 The various remedies, which will have the greatest effect on the various causes, that
produced it.

 The “positivist school” was a social movement that existed during the mid 1800s and early
190s. the part of it that was positive was the forward – looking attitude toward social and
personal betterment, the perfectibility of both society and human nature. Similar to what we
mean when we use the phrase Positive Law or using law to change society.

 The term “positivism” refers to a method of analysis based on the collection of observable
scientific facts. Its aim is to explain and most importantly predict the way facts occur in uniform
patterns.

 Positivism is the basis of most natural sciences and positivist criminology is the application of
positivist method to the study of people. The positivist school is best seen as a reaction to the
armchair philosophy and theorizing of the classical school

 Positivism is the search for supplementary, multiple factors as the cause of human behavior. It
represents a distinct shift from a concentration on law and crime control to the inner workings
of the criminal mind and what makes it tick.

Some of the common defining features of the Positivist School in Criminology are:
 The demand for facts and for scientific proof (determinism)
 There are body and mind differences between people
 Punishment should fit the individual criminal and not the crime
 The criminal justice system should be guided by scientific specialist
 Criminals can be treated, rehabilitated or corrected (if not, they are incurable and should be put
to death)

 According to Cesare Lombroso, considered to be the Father of Modern Criminology, criminals

are born with some physical characteristics, which become the causes of crimes. He advanced
the following explanations to such cause:

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  Criminals have a distinctive physical type
 That there is a conspicuous born criminal type
 That this type can be recognized by certain stigma or anomalies
 That the stigmata are not the causes of crime but rather the symptoms of atavism or
reversion of his body to his ape – like ancestors
 That criminals are evolutionary degenerates
 That this atavism and degeneracy of the body are the causes of crime, and
 That the person who is a born criminal type cannot desists from committing crime
unless he lives under exceptionally favorably circumstances

 There are four (4) classes of criminals

 Born criminals (atavists)
 Insane
 Occasional (criminals with some atavistic characteristics
 Passion

 Lombro’s Checklist of Physiognomic Indicators:

 Unusually short or tall height
 Small head but large face
 Small and sloping forehead
 Receding hairline
 Wrinkles on forehead and face
 Large sinus cavities or bumpy face
 Large, protruding earsbumps on head, particularly the Destructiveness Center behind
the ears
 Protuberances ( (bumps) on the head
 High cheek bones
 Bushy eyebrows
 Large eye sockets
 Deep, beady eyes
 Beaked nose (up or down) or flat nose
 Strong jaw line
 Fleshy lips, but thin upper lip
 Mighty scissors, abnormal teeth
 Small or weak chin
 Thin neck
 Sloping shoulders
 Long arms
 Pointy, webby, stubby fingers or toes
 Tattoos on body
 Supernumerary fingers and toes
 Asymmetry of the face
 Unusual size of the ears
 Abnormality of the feet
 Imbalance of the hemisphere of the brain

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 THE BIOLOGICAL FACTORS
Men as a living organism have been the focus of a number of studies which has the
purpose of determining the causes of his crimes

 Physiognomy
This is the study of the relationship between the facial features and human conduct of a
person in relation to his crimes. It includes observation of his physical appearance and
measurement of the outward appearance. Both claimed that bald men, bearded women, shifty
eye, weak chin and arrogant nose are criminal inclinations.

 Phrenology or Cranioloy
This is the analysis of the external formation of the skull that indicates the conformation
of the brain and the development of its various parts in relation to the behavior of the criminal.

 Study of physical Defects and handicapped in Relations to Crimes

Leaders of infamous criminal groups are typically given monikers in accordance with
their physical defects and handicapped such as funny words “Natong Kirat”, Brad Balat”,
“Ariel Bakling”, “Max Komang”, and the likes.

 It is very ordinary that these criminals are known for their physical defects and handicap, which
was the accustomed source of irritation during their childhood days, wherever they become the
subject matter of jokes by others. As an outcome, they become violent, feel inferior to others
and or being ostracized by the society. The unfavorable results therefore could be the following:
 Persons who are suffering from physical defects have poor social relationship and
serious emotional disturbances
 It reduces his capacity to compete economically and socially
 It may cause the development of inferiority complex
 Persons suffering from defects are frequently annoyed by friends and resort to violent
criminal behavior

 Classifying Type of Physiques and the type of crimes they are prone to commit
 Pyknic Type – persons who are stout and with round bodies. They tend to commit
deception, fraud and violence
 Athletic type – persons who are muscular and strong. They are usually connected with
the crimes of violence
 Asthenic Type – those who are skinny and slender. Their crimes are petty thievery and
fraud.
 Dysplastic or mixed type – those who are less clear evident having any predominant
type. Their offenses are against decency and morality.

 WILLIAM SHELDON

 ENDOMORPHIC BODY TYPE is manifested by relatively great development of

digestive viscera tendency to put on fat; soft roundness through various regions of the
body; short tapering, limbs; small bones; smooth velvety skin

 MESOMORPHIC PHYSIQUE is one where there is relatively predominance of

muscles, bone and the motor organ or the body; large wrist and hands, if lean a hard
rectangular outline

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  OCTOMORPHIC PHYSIQUE is evidenced by relatively predominance of skin and its
appendages which include the nervous system; lean, fragile, delicate bones, droopy
shoulders, small face, sharp nose, fine hair, relatively small body mass and relatively
great surface area

 Kinds of Temperament
 Viscerotonic – where the behavior shows general relaxation of the body; a comfortable
person; loves luxury; an essentially extrovert person
 Romotonic – refers to active dynamic persons whose walks, talks, gestures assertively
and behaves aggressively
 Cerebrotonic – persons whose traits are generally classified as introvert, full of
functional complaints, allergies, skin troubles, chronic fatigue, insomnia; sensitive skin
and to noise: shrinks from crowd

 HEREDITY AS THE CAUSE OF CRIME

The familiar household lexis like, “ it is in the blood” and “like father, like son” are
usually heard and said whenever there are several members in the family who have similar
physical and behavioral attributes with their elders. Consequently, heredity transmits single
traits and characteristics from parents to their children. Criminality of the offspring is used to
show and determine the nature of the parents and the nature of their crimes.

 Kalikak Family Tree (Goddard)

Martin Kalikak was a soldier of the American Revolutionary War, who while stationed
in a small village, met and had illicit relations with a feeble - minded girl. About 489
descendants from this pedigree were traced which included 143 feeble – minded and
only 46 were normal. Thirty-six were illegitimate, 3 were epileptics, 3 criminals, 8 kept
brothels and 82 died in infancy.

At the end of the war, Martin Kalikak Sr. returned to his home and married a Quaker f
rom a good family. Out of this union, 4967 of the descendants has been traced and
all but one were normal mentally, only two were known to be alcoholic and one was
convicted of religious offense, 15 died in infancy and no one became criminal or
epileptic.

 Juke Family Tree (Dugdale and Estabrook)

The Juke Family consisted of 6 girls most of whom were illegitimate.. one of the 6
sisters, Ada Juke was known as “ Margaret, the Mother of Criminals”. Dugdale traced
from this pedigree 1,200 descendants for 75 years from its origin and found 280 as
paupers, 140 criminals, 60 habitual thieves, 300 infants prematurely born, 7 murdered,
50 prostitutes, 440 contaminated with sexual diseases and 30 were prosecuted for
bastardry.

 Sir Jonathan Edwards Family Tree

Sir Jonathan Edwards was a famous preacher during the colonial period. His family
tree was traced, none of the descendants was found to be criminal. Out of his pedigree
many become presidents of the United States, governors, members of the Supreme
Court, famous writers, preachers and teachers.

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 GEOGRAPHICAL FACTORS
Early Criminologist correlated weather, climate, humidity, wind velocity, atmosphere
pressure, rainfall, nature of soil and other geographical causes to the existence and the
development of crimes and criminality. The foregoing are some of the explanations devised
by criminologist about geography and crimes:
 North and South Pole – According to QUETELET “ Thermic Law of Delinquency”,
crimes against persons prevail in the South Pole and during warm season while crimes
against property predominate in the North Pole and cold countries
 Approach to the Equator – According to MONTESQUIEU in his book, “The Spirits of
Laws”, 1748 criminality increases in proportion as one approaches the equator while
alcoholism increases as one approaches the North and South Pole.
 Season of the Year – Crimes against person are prevalent in summer months than in
rainy season on the other hand, crimes against properties are predominant during the
rainy season. Climatic conditions affects one’s bad tempers and cause criminality.
During dry season, people get out of their houses more to go to beaches, resorts and
malls to cool down and as a result there is more conglomeration of people and
consequently more probability of personal violence.

 Soil Formation - More crimes of violence are committed in fertile level lands than in
hilly, rugged terrain. Where there is a more mass of population and there is more
irritation. There is also more rape in level districts.
 Month of the Year – there is more occurrences of violent crimes during warm months
from April up to July having its peak in May. This is due to may Festivals, excursions,
picnics, and other sorts of festivities wherein people are more in contact with one
another.
 Temperature – According to DEXTER, the number of arrests increases quite regularly
with a marked increase in temperature. The rise of temperature affects the emotional
state of he individual and leads to fighting. The impact of temperature upon females is
greater than males.
 Humidity and Atmosphere Pressure – According to research ad inquiry, large number of
assaults is to be found correlated with low humidity and a small number with high
humidity. It was explained that low and high humidity are both vitally and emotionally
depressing to the individual.
 Wind (Velocity) – Under this study, it was rationalized that during high wind, the
number of arrest were less. It maybe due to the presence of more carbon dioxide in the
atmosphere that minimizes the vitality of men to commit violence

 PSYCHOANALYTIC FACTORS
This refers to the analysis of human behavior and Psychiatric Factors which focuses on
the study of human mind in relation to the commission of crime.
 AICHORN in his manuscript entitled, “Wayward Youth, 1925” argued that the cause of
crime and delinquency is the faulty development of the child during the first few years
of his life. As children, human beings typically follow only his pleasure impulses
instinctively. As we mature and grow up, we find some restrictions to these pleasure
impulses which we must control. Otherwise, a person will suffer from faulty ego
development and grows to be delinquent.

 ABRAHAMSEN in his book, “Crime and the Human Mind, 1945” – explained the
origin of crime by this formula, “Criminal behavior is a result of criminalistics

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 tendencies plus crime inducing situation divided by the person’s mental or emotional
resistance to temptation”.

 CYRILL BURT in his book, “Young Delinquent, 1925” gave the hypothesis of general
emotionality. According to him, many offenses maybe traced to wither the excess or a
deficiency of a particular instinctive drive. An overload of the submissive instinct
account for the tendency of many criminals to be weak willed or easily led. Fear and
absconding maybe may be owed to the impulses of fear. Cruel and unsympathetic type
of offenders maybe the result of the shortage in the primitive emotion of love and a
surplus of the instinct of hate.

 HEALY, in his book, “Individual Delinquency”, asserted that crime is an expression of

the mental content of the individual. Frustration of the individual causes emotional
anxiety; personality demands removal of pain and the pain is eliminated by substitute
behavior, that is commission of crimes and delinquency of the individual.

 BROMBERG in his writing, “Crime and the Mind, 1948” asserted that criminality is
the consequence of emotional immaturity. A person is deemed emotionally matured
when he has learned to control his emotions effectively and who lives at peace with
himself and in harmony with the standards of conduct, which are acceptable to the
society.

 SIGMEUND FREUD in his book, The Ego and the Id, 1927”in his psychoanalytical
theory of human personality and crimes has the following explanations
o Id – inclinations or instincts of social drives. It contains all that is inherited and
is present at birth (pleasure component)
o Ego – reality component, this form part of man’s physical organization between
its sensory stimuli on one hand and his motor activity on the other. The ego
operates on the basis of expediency.
o Super Ego – means the conscience of man. It is the role of agencies outside the
home, which tries to control the ego.

To be normal, there must be a proper balance of the above components. Disproportion

or disharmony may make the individual neurotic

If the super ego is deficient or improperly developed, then the ego will dominate, for
this reason, the persona may become impulsive or forceful making them prone to
commit violent acts.

 THE GIANELL INDEX TO CRIMINALITY – is crimino - synthesis which explains the

reason why a person may commit crime or restrain himself from doing so under the following
circumstances:
 NEED FRUSTRATION. The person before committing the crime is likely to feel angry,
aggrieved, bitter, indignant, unhappy, unsatisfied and resentful about something in
particular about life in general.
 INTERNAL INHIBITION. It refers to all types of internal constraints which may
prevent a person from committing a crime. These forces may be the person’s conscience
or his principles or his sense of self respect or the particular conception he has of
himself or a sense of guilt or remorse that he may experience if he commit certain
criminal acts.

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  EXTERNAL INHIBITIONS. This constitutes all types of external factors which may
prevent an individual from committing a crime.
 CONTACT WITH REALITY. This refers to the extent to which a person can learn
from his past experience especially his past mistakes, as well as to the extent which he
can evaluate accurately the present situation and foresee the consequence of his present
action in relations to his future.

 SITUATIONAL CRIME POTENTIAL. This is centered on the cultural chance and

opportunity to commit the crime.
 POTENTIAL SATISFACTION. This refers to the balance of gain and loss that a person
may experience if he commits a given crime.

 CASES OF MENTAL DISTURBANCES – are at times the causes of criminality and the
development of criminal behavior

Mental deficiency – refers to a state of arrested or incomplete development of the mind

existing before the age of 18, whether arising from inherent origin or induced by disease or
injury.

Classes of mental deficiency:

 IDIOTS – mentality which maybe compared to that of a 2 year old children. Persons
who manifest mental defectiveness of such a degree that are unable to guard themselves
against common physical dangers.
 IMBECILES – persons whose sate of mind is similar to a child 2 – 7 years of age and in
whose case there exist mental defectiveness which though not amounting to idiocy is
yet so evident that they are incapable of managing themselves or their affairs.
 FEEBLE – MINDED PERSONS. Are those whose state of mid manifest cases where
there exist mental defectiveness though not amounting to imbecility, requires care,
supervisions and control for their own protection.
 MORAL DEFECTIVENESS. Are persons wherein their mental defect exists coupled
with strong vicious or criminal propensities, and who require care and supervision, and
control for the protection of others.

 SCHIZOPHRENIA – sometimes referred to as dementia praecox, which is a form of obsession

characterized by thinking disturbance and regression to a more relatively unimpaired and
intellectual functions are well preserved. The personal appearance is dilapidated and the patient
is liable to impulsive acts, destructively and may commit suicide.

It refers to the group of psychotic disorders characterized by gross distortions of reality,

withdrawal from social interaction, disorganization and fragmentation of perception,
thoughts and emotions. It also refers to terms such as “dementia praecox, mental deterioration,
or split mind”.

 COMPULSIVE NEUROSIS – this refers to a state of mind where there is an uncontrollable or

irresistible impulse to do something, such as:
 Pyromania – compulsive desire to set things or objects on fire
 Homicidal compulsion – the irresistible urge to kill somebody
 Kleptomania – the irrational craving to steal
 Dipsomania – the habitual and compulsive desire to drink alcoholic beverages.

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 PSYCHOPATHIC PERSONALITY – this is characterized by infantile level of response, lack of
conscience, wanting feeling of affection from others and aggression to environment and other
people.

 EPILEPSY – this is a state characterized by compulsive seizures and a tendency to mental

deterioration.

Types:
 Grand Mal – where there is a complete loss of consciousness and general contraction of
the muscles
 Petit Mal – it maybe evident by mild or complete loss of consciousness and contraction
of muscles
 Jackonism Type – there is localized contraction of muscles with or without loss of
consciousness.

 ALCOHOLISM – it is a condition wherein a person is under the influence of intoxicating liquor

or alcohol. His physical state and conduct has been adapted to a certain extent by the effect of
alcohol. The drunkard habitually consumes or uses intoxicating liquor and once under the
influence of liquor become dangerous to himself and others. He may perpetrate violent crimes
and inflict physical injuries. Habitual drunkards may commit suicide, sexual offenses and other
acquisitive crimes.

Causes of Alcoholism:
 Alcohol is an appetizer before meal
 Alcohol gives a therapeutic and soothing effect
 Alcohol is used as a means of evading or avoiding personal problems
 Alcohol is used as a means of escaping unpleasant realities in life.

 DRUG ADDICTION.
A form of vice abuse, which causes strong mental uproar. It is the state of intermittent or
chronic intoxication produced by the repeated intake or consumption of natural or synthetic
drugs. A drug dependent may commit crimes against property once he has no more money to
buy the drugs. A woman may become a prostitute just to get money to buy drugs. An addict
during withdrawal symptoms may commit violent crimes and commit suicide due to extreme
sufferings. An addict is lazy, unsanitary and turns out to be less dependable.

 SOCIOLOGICAL CAUSES
Refer to people, places and things, which we come in contact and which play a significant role
in determining our actions and conducts. These causes may bring about the development of
criminal behavior. Edwin Sutherland’s Principle of Criminology, 6 th Edition and Adler, 1995,
briefly explain the process by which a particular person comes to engage in criminal behavior.
These are the following:
 Criminal behavior is learned.
 Criminal behavior is learned in the process of interaction and communication with other
person.
 The principal part of learning takes place within the person’s intimate personal group.
Families and friends have the most influence on the learning process.
 That upon knowing criminal behavior, the person learns the techniques of executing
crimes, its motives, drives and rationale.

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 LACK OF PARENTAL GUIDANCE.
Much of our life is predisposed by the type of parents we have. Experience proves that
many parents are deficient in supervision over their children thorough ignorance, severity,
carelessness and indifference. Such children generally get into trouble. The maxim,“ Today’s
Delinquent is Tomorrow’s criminal”, is truly a reality.

 BROKEN HOMES AND FAMILY.

Family is the basic unit of society to which all persons belong is a homogenous,
unified and intimate social group wherein children have their initial experience with
others; receive nourishment, care, protection, normal instruction and basic physical and
emotional satisfaction.

It is the group through which, he becomes familiar with his culture, which includes
respect to the rights of others, respect to property neighborliness, good sportsmanship, courtesy
and good manners, truthfulness and reliability. Frequently however, quarrelling and nagging in
the family and similar incidents makes children and parents in such cases to avoid the home and
to seek refuge and pleasure elsewhere. Too often, the satisfaction sought and the places it
sought are criminals or inductive to crime. And in many cases, the break up of the family
structure results in delinquency of the children and sometimes criminality on the part of the
parents and their offspring.

 CHARACTERISTICS OF A NORMAL HOME

 Physically complete where both natural and legal parents are present
 There is social and religious similarity in the group
 Must be economically stable to maintain normal health
 There must be physical and psychological normality
 There must be functional adequacy

 BASIC NEEDS OF CHILDREN

 Security – economic and emotional security must be provided. Food, shelter, clothing
and love are necessary for their existence
 Recognition – the parents should be the ones who first recognize whatever
accomplishment a child has for himself
 Status – this is the tag for admission to status to other constructive group
 Companionship – the children’s relationship with the parents and other siblings is a
unique asset to the development of the child. Relationship with brothers and sisters
requires the child to adjust to more or less friendly rivalry. This experience will make
him well in the more complex relationship outside the family.

 KINDS OF DISORGANIZED OR BROKEN HOMES

 Home with criminal parents
 Home in which there are unsatisfactory relations be of dominations, favoritism, severe
neglect, jealousy, step parents and interfering relatives.
 Home socially or normally maladjusted because of difference of race, religion or
common law marriages.
 Home in which one parents is inflicted with physical or mental disability
 Home under economic pressure due to underemployment or unemployment

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 INJURING CONDITION OF NEIGHBORHOOD
The residence in slum and impoverished areas will lower the social status of its
population. They are generally congested and have more than the average number of cheap
amusement places, have little or no recreational facilities.
As a rule, people are influenced by their surroundings and often get into trouble. This is
more evident in its influence on the youth residents.

 ASSOCIATION WITH CRIMINAL GROUPS

The old adage that, “one bad apple will spoil a barrel of good ones”, hold true, to a
great degree among people. Experience proves that the influence of some companions maybe
more significant than parental or peer pressure. The reason is that there exist stronger ties of
brotherhood among criminal groups than the non – criminal group.
It maybe best explained by VOID, in his “Group Conflict Theory”, which argues that,”
Human Behavior belongs to groups and plays a part in-group against the interest of another
group. On faction continually struggle to defend and maintain themselves against another
group. They are like soldiers in times of war. They behave in a manner to win conflicts and gain
control.

 GROUP CONFLICT develops identification an loyalty as well as “esprit - de – corps” and

morale. Political alliances, fraternal organizations, law making, law breaking, gang behavior
and crimes are basically group conflict.

 SHORTAGE OF RECREATIONAL FACILITIES for suitable use of leisure time. Recreational

facilities are especially necessary if we are to use up youthful energy in productive way. Too
often, in these areas where they are most needed such provisions are not present.
Consequently many of our young people tend to use their energies in mischievous, if
not illegal pursuits. More importantly, this results in idleness, which may further increase
delinquency and criminality.

 LACK OF EMPLOYMENT OPPORTUNITY

The lack of employment opportunity is a major cause of poverty. Poverty would
result to more problems, such joblessness as too much leisure time, leads idle people to crime.
It sets up condition to which citizen would resort to illegal and fraudulent means to make a
living.

 CRIME AS A GROUP CONFLICT

A large number of criminologist consider that criminal behavior can be best defined in
terms of group conflict. According to this notion, the question of which behavior is deemed
criminal is largely one of which group’s holds political power. Major revolutions often turn the
law – abiding citizen of the old regime into outlaws under its successor.
 This is important because it shows that the conflict concerning the definition of crime is
not between nations or even major political factions, but between groups holding
disparate norms. This is particularly true in a pluralistic society such as that of the
Philippines and other nations.

 There is substantial evidence that every major society has its “dangerous” or “criminal”
class. The DACOITS And THUGGEES in India, the RAPPAREES of Ireland, the ETA
in Japan – each in its own time and society were forced into this undesirable one.

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  The minority class is first regarded with suspicion. To protect itself , it is compelled to
adopt contrasting set of norms.

 The minority is then labeled, “dangerous”. In American History, an overlapping

succession of classes have, in one degree or another, found themselves in this role: the
Indian of frontier days, the immigrant Irish, Italians, Puerto Ricans and Negroes.

 The position of all these groups in society have certain features in common:
o They have often been described as “lower classes”, which mean among other
things, that they are impoverished and poorly represented in the political
establishment
o They hold to religious and other patterns of behavior that are foreign to the
classes in power

o They are readily identifiable by appearance, dialect, customs, or dress as

different from the average citizen
o They dwell on the “wrong side” of the stockade, tracks or city limits; and to
venture into their territory is considered dangerous

 As their educational system is “sub standard”, they are labeled as intellectually

inferior, poor job risks, irrational and even violent.

 In general, the social majority is predisposed toward these classes in such a way that
high rates of criminal activity are produced by way of a self – fulfilling prophecy.

 It is not unusual to find specific legislation and law enforcement measures designed to
keep such groups “in line”.

 RACIAL MINORITIES
The social mechanism whereby the dominant society makes this minority “crime
prone” were outlined underlying racial prejudice, which tends to lower the self – esteem of
the minority due to the following:
 Poor housing conditions
 Inferior educational facilities
 Maintenance of a high unemployment rate
 Family disorganization and a culture of poverty
 Isolation and containment of the minority communities located in the most crowded
parts of the cities, and
 The increasing gap between officials charged with law enforcement and members of the
feared minority resulting in a loss of respect for the law and occasionally in open
warfare in the streets.

The definition of crime and enforcement of statutes may thus become crucial
instruments in the labeling of a minority group as criminal and dangerous, a process that may
lead to further repressive measures against the deviant population.

 DIFFERENTIAL IDENTIFICATION THEORY by DANIEL GLASSER

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 It maintained that a person pursues criminal behavior to the extent that he identifies
himself with real or imaginary persons from whose perspective his criminal behavior seems
acceptable.

A person with the susceptibility of becoming a thief will consider thieves as ideal
people to identify themselves. The identification need not be in intimate personal association
but it may be done by identifying themselves with characters in movies, radios or televisions.

 IMMITATION – SUGGESTION THEORY of GABRIEL TARDE

Delinquency and criminal matters are earned and adopted. The learning process may
either be conscious type of copying (imitation) or unconscious copying (suggestion) of
confronting pattern behavior.

The pattern of crime may easily fade, may last for a long time and maybe transmitted
from generation to generation. It may also spread from the place of origin going outward to the
periphery.

 DIFFERENTIAL SOCIAL ORGANIZATION THEORY

This is sometimes referred to as social disorganization. There is social disorganization
when there is breakdown and changes; conflict of values between the new and the old; when
there is condensed influence of the social institutions over behavior; and when there is
declining influence of a solid moral and ethical front.

Some individuals accordingly break through the lines of social control, and society has
difficulty in maintaining effective social order.

There is social disorganization when there is lack of well – defined regulation to

behavior, a breakdown of rules and the absence of definite role for the adolescent to play.

 CONFLICT OF CONTROL THEORY by THORSTEN SELLIN

It emphasized that the multiplicity of incompatible culture is the main source of
social disorganization.

The high crime and delinquency rates of certain ethnic or racial group are explained by
their exposure of children to varied cultures.

The more intricate the culture becomes, the greater is the chance that the worms of
various groups will be in conflict.

 CONTAINMENT THEORY BY WALTER C. RECKLESS

This argues that criminality is brought about by the failure of the group to contain the
behavior of its members and that of effective containment of the individual into the value of
system and structure of society will minimize the crime.

Containment is better accomplished when the group is homogenous, isolated,

undisturbed by migration and cultural conflict.

A group of people coming from a common ancestry isolated from outside influence,
living in harmony and in cohesion, having a common religion, exercises maximum containment
over the behavior of the members.

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 UTILITARIANISM
Refers to the theory of JEREMY BENTHAM and JOHN STUART MILL that the over
all utility or benefit produced by an action ought to be the standard by which we judge the
worth or goodness of moral and legal action.

 JEREMY BENTHAM, the main figure on Utilitarianism, propagated a distinct PARSONIAN

Twist. PARSONS was an influential sociologist during the 1940s and 1950s, sometimes called
that “transition figure” between classical and contemporary sociology.

 According to PARSONS, q utilitarian person is an actor, not a knower. They have

wants, needs, passions interests, or goals and these are what the personality system is
organized around.

 Society not only allows these goals to be accomplished or thwarted, but it can, if It
wanted, shape the goals that people want, and therefore their personalities. The trick Is
to set up the social system so that people don’t even notice their wants are being
shaped.

 It is called “normative social control” and it is much more important to utilitarian that
you keep the whole social system going for the most people most of the time in terms of
the larger constellation of wants, rather than crackdown on a few criminals with
abnormal wants.

 This reflects something of the utilitarian idea of the greatest good for the greatest
number, and it also explain why the classical school thinkers were more concerned with
reforming the laws than with thinking about what makes the individual criminals
commit crimes.

 It is also a form of laissez – faire economics quite suitable to capitalism. If you set up
the whole social system so there’s some collective equivalent of individual self –
interest, then people will individually pursue their own best interest.

 OTHER NON – CRIMINOGENIC CAUSES OF CRIMES

Failure of the school in character development of the children and the youth . The
responsibility of the school in the character development of children is complimentary to the
home. Second to the home, the school has close contact with children for a long period
of time so that it has a powerful encouragement in the life of the child and has much to do
with future life and career of children.
 Primary purpose of the School:
o To instill and inculcate civic and patriotic responsibility in children
o Functions as an agency social control over the mores and cultures of society
o It provides technical competence to children for their future employment
o It is a place where initial verification can be manifested towards criminal
behavior

 Relationships between school and delinquency and crimes:

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 o Among delinquents, there is excessive percentage of juvenile with poor school
adjustments
o A high proportion of delinquents express dislike for the school in general
o Truancy from school is strongly related to delinquency
o There is relatively high – rate of delinquency in the right – after – school –
hours

 THE TEACHING OF RELIGION may sometimes be discredited from its objectives and
purpose
 The significance of religion to criminality has always been considered on how much it
helps in combating delinquency. This is due largely to the fact that religion has always
supported morality, decency, love of mankind and above all, love of God.

 Misbehavior and wrongdoing therefore has not only been see as wrong in the eyes of
the law but likewise in the eyes of God.

 MASS COMMUNICATION AND MEDIA developing an artificial environment of crimes and

delinquency to influence the public and violate the law.
 There is no reservation that with the perfection of the modern technology in mass
communication media, newspapers, radio, motion picture, comic books and television
have been the most effective means of disseminating information to the whole public in
the country today.

 Simultaneously, this creates public opinion character and a particular type of society
that they may ultimately create on the basis of artificial environment that media
develops in the mind of the people.

 Media, of course has always been visualized for the public good but sometimes they
may boost development of criminal behavior.

 PRINT MEDIA is considered a factor to criminality

 It encourages crime by constant advertisement of crime
 It glorifies criminal leaders and consequently increasing their status
 It impedes in the administration of justice by “trial by publicity” and by giving raw and
unprocessed information to the public
 It creates public panic in regards to crime preventive procedure, and
 It recurrently advances information to the criminals regarding the plans of the police
and law enforcers.

 MOVIES, TELEVISION AND RADIO is a cause to criminality due to the following reasons:
 It put on shows crime techniques and criminal pattern of behavior
 It stimulates desires for easy money and luxury and suggest questionable method of
getting it
 It encourages the spirit of bravado and toughness
 It arouses passionate sexual desire for sexual offenders and facilitates daydreaming of
criminal role

 COMIC BOOKS & OTHER LITERATURES are crime producing due to the following
concerns:

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  Comic books sometimes fail to uphold respect for law, e.g. criminals are presented as
heroes or victims or prosecution while law enforcement officers are presented as a
comic cop, a brute behind his badge of stupid bungler

 Pornographic comic books and other literature are provoking peculiar interest in sex,
aggression, cruelty and deceit. They furnish realization for these ideas, which are more
harmful ethically than the impulses they release.

 Stories of comic books and other literatures sometime suggest lucrative opportunities
for crime in certain localities

 CIRCUMSTANCES that may bring about increased delinquency and criminal behavior:
 There are too many laws and ordinances that are enacted and dishonored
 The police and other law enforcement agencies are enforcing the laws injudiciously and
the people are impressed with the idea that they can break the law with impunity from
punishment and arrests
 Indulgence of the courts to impose firm penalties which encourage commission of
crimes
 There are laws that are too unpopular that even the most decent citizens are violating it
 Poor prison system which falls short to reform and rehabilitate prisoners and on the
other hand, prisoners are learning more crime pattern inside the prison
 Inadequate number of policemen and law enforcers to deter from committing crimes
 Unsympathetic attitude of the public in helping their police in combating criminalities
 Political interference of those occupying higher positions in the government

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