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Asian Journal of Criminology

THE RUDIMENTARY SQUARE OF CRIME


--Manuscript Draft--

Manuscript Number: AJOC-D-20-00036

Full Title: THE RUDIMENTARY SQUARE OF CRIME

Article Type: Original Research

Keywords: Crime; Rudimentary Square of Crime; offender's motive; opportunity;


instrumentation; location; criminalist; criminologist; criminology; cyber crime; riding-
in-tandem; crime of passion; mental illness; deviant behavior

Corresponding Author: Godyson Dolfo, MS Criminology


Northern Zambales College, Inc.
IBA, Zamabes PHILIPPINES

Corresponding Author Secondary


Information:

Corresponding Author's Institution: Northern Zambales College, Inc.

Corresponding Author's Secondary


Institution:

First Author: Godyson Dolfo, MS Criminology

First Author Secondary Information:

Order of Authors: Godyson Dolfo, MS Criminology

Order of Authors Secondary Information:

Funding Information:

Abstract: Crime is any act that violates existing laws, rules and regulations of a particular
territory. As a social phenomenon, crime must be explained and investigated
systematically with regards to its commission and effects to the society. This paper
primordially presents and discusses the four fundamental elements of crime. The four
fundamental elements includes the (1) offender’s motive, (2) opportunity, (3)
instrumentation and (4) location. The four elements were illustrated using a square,
thus, naming the illustration as the Rudimentary Square of Crime, a theory that was
conceptualized by the author to further explain the existence of crime. This theory also
elucidates the relationship and importance of the four fundamental elements and how
they complement with one another. Relative literatures and studies were also
discussed and cited in this paper to support the new concept of the aforesaid crime
theory. Analysis of existing data, observations and informal interviews were conducted
to gather relevant information needed.

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THE RUDIMENTARY SQUARE OF CRIME

by
GODYSON B. DOLFO
Northern Zambales College, Inc.
Masinloc, Zambales, Philippines

godysondolfo@gmail.com
Cellular Phone No. 0933-875-6562

Abstract:

Crime is any act that violates existing laws, rules and regulations of a particular territory. As a social phenomenon,
crime must be explained and investigated systematically with regards to its commission and effects to the society.
This paper primordially presents and discusses the four fundamental elements of crime. The four fundamental
elements includes the (1) offender’s motive, (2) opportunity, (3) instrumentation and (4) location. The four elements
were illustrated using a square, thus, naming the illustration as the Rudimentary Square of Crime, a theory that was
conceptualized by the author to further explain the existence of crime. This theory also elucidates the relationship and
importance of the four fundamental elements and how they complement with one another. Relative literatures and
studies were also discussed and cited in this paper to support the new concept of the aforesaid crime theory. Analysis
of existing data, observations and informal interviews were conducted to gather relevant information needed.

Keywords: Crime Rudimentary Square of Crime; offender’s motive; opportunity; instrumentation; location.
Blinded Manuscript Click here to view linked References

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4 THE RUDIMENTARY SQUARE OF CRIME
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7 Introduction
8 In ancient times the concept of investigating crime is unknown to man. Whenever an individual committed
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10 a crime, some believes that the person is subdued by super natural or an evil. Man’s action were based on the
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12 acceptability of society, thus, only those in the highest strata of society, particularly the rulers identified whether
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14 the actions are wrongful or not. Early punishments are plain retributive carried out through harsh and inhumane
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16 penalties. Later, changes took place and made them to a reformative and correctional method of punishment.
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18 In modern society, crime is defined as the intentional commission of an act usually deemed socially
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harmful or dangerous and specifically defined, prohibited, and punishable under criminal law.1 In Philippines
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Jurisprudence, crime are classified according to particular law violated (felony, offense, or misdemeanor) and the
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nature of acts of the offender (mala in se or mala prohibita).
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To effectively investigating the commission of crime, probers are performing crime detection and
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29 investigation to prove the guilt of identified offender in the court of law. Professionals pursuing this method are
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31 widely called as criminalists. On the other hand, experts and researchers who are investigating and illuminating
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33 the commission and existence of crime by conducting systematic processes such as experimentation and research
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35 which are similar to what a psychologist and sociologist are doing, they are called as criminologist.
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37 Further, in the Philippines, the two are intertwined professions waiting for the graduates of criminology
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39 program and successfully hurdle the licensure examination for criminologist. Basically, criminology degree
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41 focuses to the study of causes and investigation of crime, crime prevention, law enforcement and the reformation
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43 of criminals. In order to explicate crime as irregularities in the society, theories and concepts were utilized.
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45 With these, sociologists, psychologists and criminologists who at the same time are theorists and researchers
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47 of their respective professions investigated crimes and came-up with theory and concepts. Later, their footsteps
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49 were followed by others and endeavor to conduct further study in order explicate the causes of crime as a social
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51 phenomenon. The process of investigating and explaining the causes of crime is known as etiology.
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54 In academic parlance, theory refers to a conceivable or scientifically acceptable general principle or body
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56 of principles that have already been substantiated by data, offered to explain phenomena.2
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4 The primordial objective of this paper is to present a contemporary theory of crime known as the
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6 “Rudimentary Square of Crime”. This will augment the existing theories to fundamentally and comprehensively
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8 expound and investigate the existence of crime.
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10 This theory will greatly help criminology students, professionals and practitioners to better understand
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12 the existence of crime and criminality.
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14 Law enforcers and probers may utilize this concept as reference in formulating police plans and
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16 investigatory procedures.
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18 This will also guide criminology researchers to their endeavor of unveiling the truth and developing the
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future of criminology profession.
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Generally, this will add to the existing theories and concepts in explaining and investigating the existence
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of crime.
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28 Related Literature
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31 Rapid urbanization and complexities cause swift changes in the current society. Changes in society also
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33 causes variations in the commission of crimes. The influx of modern and sophisticated technologies including
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35 computer, cellular phones and online games reinforced the sudden increase in crime rates and development of wide
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37 ranges of deviant behavior among members of society, most particularly the young ones.
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39 Cybercrime is a crime that is mediated by networked technology. The computer network serves as the
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41 new crime scene. Utilizing these technologies surpasses or superseded the old methods of committing crimes such
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43 as theft, harassment and fraud. Hacking one’s online or webpage account is the basics of performing these acts.
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45 The acts of hacking is performed primarily by phishing and spoofing. Phishing is performed by sending short
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47 messages to different contact numbers, for cellular phones, or email address with the purpose of obtaining online
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49 identity of interested individuals who will respond to hacker’s offers. While, spoofing is the method of attacking
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51 one’s computer internet protocol or webpage by concealing oneself or impersonating the owner of the account with
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the purpose of taking owner’s identity and take advantage to control the exiting genuine account.
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In a study conducted in Iran, the researchers found-out that there was about 95% direct significant
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relationship between the amount of playing games among adolescents and anxiety, law breaking behaviors,
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hostility, and social problems in general.4
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4 On the other hand, killings were committed by combined forces of unidentified individuals who utilizes
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6 the medium of transportation particularly motorcycle. They conceal themselves using bonnet and helmet for them
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8 to be barely identified. According to the news and other medium, they are called as riding-in-tandem. In this mode
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10 of committing crime, they utilized motorcycle to facilitate their immediate escape from the crimes scene. One will
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12 drive and the other one will perpetrate the crime of taking personally belonging such as jewelries or killing
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14 someone.
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16 In a report issued by the Philippine National Police (PNP) sometimes June 2018, a total of 880 people
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18 have been shot dead by unidentified riding in tandem, while 47 others have been injured since October 11, 2017. 5
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Just recently, March 2020, a Filipina young actress named Kim Chui while riding in her Hyundai van,
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the riding-in-tandem burst gun fires against the van when they arrived in a stoplight along Katipunan Avenue
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corner CP Garcia Avenue, Barangay UP Campus, Quezon City. According to the authorities, the gunmen were
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keep on observing then from the moment they left the house in one of the subdivisions in Quezon City until
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29 reaching the crime scene.6
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31 Jealousy, anger and revenge are among factors identified by law enforcers and criminologist as well.
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33 These factors constitute crime of passion.
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35 One of the most controversial crime in the country happened in 2014 at Olongapo City. Where a
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37 transgender woman Jennifer Lauder was found dead, her body is wrapped by bedsheet with her head submerged
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39 in the toilet of the hotel room. The assailant was identified Joseph Scott Pemberton, a Private First Class of U.S.
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41 Marine Corps 2nd Battalion-9th Marines of the West Pacific Express. Laude met Pemberton a disco bar along
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43 Magsaysay Drive. Pemberton was held to trial and found guilty in the crime of homicide, instead of murder, as
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45 decided by a Regional Trial Court in Olongapo City. The decision of the lower court was uphold by the Special
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47 Sixteenth Division of the Court of Appeals.7 Later, the case of Laude triggered political reforms as to gender
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49 measures and topics. The Lesbian, Gay, Bisexual and Transgender (LGBT) community sounded their alarms to
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51 fight for the rights of their colleagues who were maltreated and embarrassed.
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53 The environment of individual person together with the peer groups also contributed to the development
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55 of deviant behavior of certain individual.
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57 In New York, United States, a Barnard College freshman student Tessa Majors while walking along
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59 the Manhattan’s Morningside Park near her school of December 11, 2019 was suddenly attacked. Accordingly, her
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4 aggressors allegedly planned to rob her but she was stabbed several times during confrontation, she died due the
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6 multiple wounds incurred. The perpetrators identified were teenagers who used to stand-by the area. 8
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8 In the town of Banga, South Cotabato, a Grade 10 student of the Notre Dame of Banga was reported
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10 missing by her mother because the young girl failed to return home from school and lost contact with her. Two
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12 days after, the girl was found with her hands tied and placed on a sack in a waterway in Purok Bagong Silang,
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14 Barangay Punong Grande in Banga past 2:00pm. The Regional Director of Philippine National Police (PNP)
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16 Region 12, Brig. Gen. Alfred Corpus, conveyed to the public that as to the results of the initial investigation
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18 conducted by crime scene operatives indicated that the victim was died from drowning. Further, initial findings of
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the crime scene operatives was supported by an autopsy conducted by the municipal health officer wherein the
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victim incurred wounds in her head and neck.9
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On the other hand, mental deficiency and abnormalities somehow affect individual’s reasoning and
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judgment. These individuals needed much attention and careful treatment, failure to do so will geared them to
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29 committing illegal acts.
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31 In a firing incident that took place sometimes in December 2012 at the Sandy Hook Elementary School,
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33 Newton, Connecticut, USA. Where a 20 year-old Adam Lanza shoot to death around 26 individuals mostly school-
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35 children in less than five minutes, thereafter, pointed the weapon against himself and fired. Authorities found out
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37 that Lanza, who are fun of playing computer games, are suffering from Asperger’s syndrome, a developmental
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39 disorder characterized by difficulties in social interaction and non-verbal communication.10
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41 Nevertheless, common reasons of committing crime are always the primordial attention of law
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43 enforcement agencies. These includes poverty, peer pressure, influence of drugs or alcohol, deprivation of
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45 opportunities, unfair treatment and ill-influence of the use of technology. Identify these reasons are important for
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47 the crimes to be properly and effectively addressed.
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49 Recently, crime and safety report of the Philippines for the year 2019, theft, physical assault, and robbery
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51 were among the most common crimes reported to local authorities. Other common crimes included pickpocketing,
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53 confidence schemes, and credit card fraud were also committed. Carjacking, robberies, and violent assaults also
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55 occurred throughout the country in 2018 according to the Philippine National Police (PNP) Directorate for
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57 Investigation and Detective Management (DIDM).11
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4 Some if not all law enforcement and other concern agencies, local and abroad, adheres and utilizes the
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6 three elements to explaining the existence of crime which is commonly known as the “Crime Triangle.”
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8 The Houston Police in Houston, United States of America,12 enumerated three elements of crime, in their
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10 pamphlet, which includes: (1.) target – victim, (2.) desire of the criminal, and (3.) opportunity.
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12 The Routine Activity Theory13 purported that crime has three elements namely: (1.) motivated offender
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14 (2.) suitable target and (3.) absence of capable guardian.
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16 On the other hand, the Tribal Oriented Policing Strategies14, suggested that crime triangle has three
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18 elements: (1.) the offender, (2.) victim and (3.) location.
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Upon careful observation and analysis of several crimes that took place across the country for the past
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years as well as the existing principles introduced by different exponents in the study of crime. It is empirical to
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come up with cotemporary measures and principles to address these issues as social phenomenon.
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In view of the foregoing, the author hereby presented the contemporary concept of the four elements of
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29 crime trough the “Rudimentary Square of Crime.” (see Figure No. 1)
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4 Discussions and Justifications
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6 Suppression if not prevention of crime is the primary purpose of all law enforcement agencies around the
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8 globe. Strategies, principles and protocols were laid down to effectively prevent the commission of crimes and the
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10 development of criminal behaviors as well. But, it seems they are not successful the effect of these are more on
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12 reduction than complete suppression.
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14 To address a certain phenomenon, such as crime, it is but important to know every details that comprises
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16 and causes the existence of a certain phenomenon. Therefore, probers comprising the reaction team must look into
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18 the elements of a phenomenon for them to strategize their actions. To the side of enforcers, lae enforcement
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strategies must also laid their plans according to the strength of the agency as well as of the phenomenon that they
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are tasks to address on.
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This paper was stirred from Jock Young’s “Square of Crime” 15 16 in 1997. Wherein, he stated that gradual
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reform will deliver change. He also considered street crimes and other most significant crimes. In addressing these
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29 menace, social reaction through general and multidimensional approached may be applied. With this, he
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31 enumerated the four elements of crime namely the (1) police (formal control), (2) public (informal control, (3)
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33 offender, and (4) victim.
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35 The “Rudimentary Square of Crime” will illustrate the complementary significance of the fundamental
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37 comprising elements of crime namely (1) offender’s motive, (2) opportunity, (3) instrumentation and (4) location.
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39 To show the relationship of the four elements and how they complement each other. An illustration using
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41 a square was utilized. Square is a polygon, flat in shape with four equal sides, having each side 90 0 angle known
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43 as right angle. The right angle displayed that each elements supplement one another to form a square. The four
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45 right angles represents the four elements while the square, as a whole, symbolizes the crime.
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47 Offender’s Motive
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49 This element is inherent to the offender that refers to the moving power or the desire of the offender to
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51 perform an illegal act. Though motive of the offender in committing crime is not punishable, it remains an essential
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53 element for the crime to takes place. Literally, it is something that drives or inspires a person which commonly in
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55 the form passion.
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57 David Allen, a productivity consultant once stated that: “passion is not something you go after as an end in
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59 itself. It’s rather a symptom of your engagement with anything into which you are fully immersed. It’s also not
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4 something you usually know you have. Others notice your full involvement with something and they call it
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6 “passion”.17
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8 Passion can be generally classified as positive or negative. Positive passion is the most powerful of all
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10 emotions. This allows individual to fully achieve one’s potentials to being active, enthusiastic and vibrant.
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12 Sliwinski 18 also enumerated several types of passion. These includes passion for money, solution, product, growth,
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14 industry, help and synergy. While negative passion refers to intense emotion that is experience by any individual
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16 in times of crisis or emergency. This passion includes pain and hatred or obsessive emotion that may cause
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18 distraction to oneself or others.
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In the figure presented (see Figure No. 1), offender’s motive may be strengthen whenever he is given or
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found an opportunity to effect such motive. Motive became strong when instrumentation or the means to perform
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offender’s motive is sufficient and powerful. Thus it would be easy for the offender to effect his desires of
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committing crimes.
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30 Opportunity
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32 This simply refers to the condition that pave a way to achieve one’s desire. This is also considered as the
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34 chance to commit crime that may originate from the victim or the environment (location) where the crime would
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36 possibly take place. Opportunity to commit crime is one of the essential elements of crime that an offender is
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38 seeking or preparing for. This may originate due to lack of curiosity to the surroundings and preventive measures
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40 on the part of would be victim.
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42 The environment may also contribute whenever the offender found the place suitable to perform and effect
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44 his motive. Though, there is no such thing as perfect place for crime.
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46 Likewise, presence of numerous individuals in a certain place may contribute and would create opportunity
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48 for the offender to perform illegal acts for example the act of pickpocketing or oral defamation. Pickpockets sees
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50 it more advantageous whenever the place is crowded example is during festivity or other mass gatherings. Thus, it
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52 would be easy for them to perform pickpocketing and may select as many victims as they could. While, in oral
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54 defamation, insulting others in front many people escalates offender’s satisfaction in committing the act.
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4 Instrumentation
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6 Instrumentation is the application or employment of all available means to effect the motive of the offender.
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8 This may also refer to the capabilities or competencies of the offender to perform an act. In performing an act,
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10 bodily strength and functions, simple machines or implements are necessarily present.
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12 In legal point of view, instrumentation as means refers to the external acts employed to effect a certain
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14 motive.
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16 For example, Martini wanted to retaliate against the person who threaten his father. In retaliating, the former
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18 went to the hang-out place of said person and suddenly stabbed the person to death.
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The act of stabbing, is the instrumentation employed by Martini. Thus, it constitute external act. External
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acts refers to any bodily actions performed with full volition and free will. In cases of violations, these external
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acts (commission) together with the failure to perform a lawful duty (omission) are both punishable by penal laws.
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Moreover, instrumentation became strong and effective as offender’s motivation intensifies. An offender
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29 impels with passion of resentment and animosities, turns him to be more determined to plan thoroughly and employ
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31 whatever available means to effect his desires.
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33 The place (location) will also strengthen the means or methods prepared by the offender to effectively and
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35 efficiently perform his plans of committing crime. It is believed that the more suitable the place is, the more
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37 effective the means would be. For example, killing other person can be best and easy to perform in an uninhabited
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39 place. Where, there is great distance between the houses, none if not few persons are using the road and most of
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41 the time, roads are not well lighted. These features would be best suitable place for an offender to perform the
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43 method and utilized the prepared instrument to commit illegal acts.
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45 Location
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47 Location is any place that serves as the venue to which crime will takes place. Most of the crime has crime
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49 scenes. This is one of the most important and indispensable element especially in the conduct of crime detection
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51 and investigation. Location is the place where probers may found and recover pieces of evidence to prove the
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53 alleged facts and to identify the perpetrator. Location of the crime could be elsewhere, room, kitchen, toilet, vacant
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55 lot, interior or outside of the building, inside the car, along road, computer and the network (for cybercrimes) and
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57 among other can be considered to be a crime scene.
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4 Location of crime, may directly or indirectly affect how means (instrumentation) of committing crime be
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6 employed. It may also create opportunity to the offender to perform his desires. Routine activity theory emphasized
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8 that all crimes are related to the environment and it happened through ecological processes by the offender, the
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10 victim and the environment surrounding them.
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12 Sociologists around the world agreed that crime is a social phenomenon, hence, it confers that the location
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14 of crime may be elsewhere in the society. Whenever the offender saw it suitable or perfect to perform his desires,
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16 any place can be the location of the crime known as crime scene. It could be a room, open space, river bank,
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18 hallway, and etcetera.
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Conclusion
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It is empirical to use a theory or principle which are universally accepted and applied in explaining and
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investigating social phenomenon such as crime. The Rudimentary Square of Crime could be one of the best theory
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29 to guide and aid probers and researchers to better understand facts and existing phenomenon.
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33 Compliance with Ethical Standards
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37 The author hereby ensure that research works and studies of other authors incorporated or included in this
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39 manuscript are properly paraphrased and cited. Further, the author ensures further that terminology utilized are
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41 operationally defined by the author. No conflict of interest as to the formulation of theory is concerned, no need
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43 for consent of other author because the said theory was formulated by the author himself. As to the involvement
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45 of other person/animal in the preparation of this manuscript the author held responsible for any counter claims that
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47 may arise.
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4 References
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1. Encyclopedia Britannica (2019) Crime: Available at https://www.britannica.com/topic/crime-law:
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Retrieved November 28, 2019.
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2. Meriam-Webster (2019) Theory: Available at https://www.merriam-webster.com/dictionary/theory:
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Retrieved January 2019.
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3. Wall, D. S. (2007) Cybercrime: The transformation of crime in the information age: Polity Press. [Google
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16 4. Shokouhi-Moqhaddam,S., Khezri-Moghadam, N., Javanmard, Z., Sarmadi-Ansar, H, Aminaee,
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18 Computer Games and Adolescent Behavioral Problems: Kerman University of Medical Sciences.
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20 5. Talabong, R. (2018) 4 killed a day by riding-in-tandem gunmen in the Philippines; Rappler Philippines;
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22 6. Cabreza, D.B. (2020) Van ni Kim Chiu sinadyang barilin; Abante – TNT.
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24 7. Call Her Ganda: A Jennifer Laude’s Story (2019) Available at http://www.callherganda.com: Retrieved
25 on February 27, 2020
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27 8. Morales, M. (2019) Police release teen questioned in Barnard College student's killing, but charges still
28 possible: Cable News Network – United States.
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30 9. Estabillo, A. (2019) Suspect in kidnap-slay of girl, 16, slain in Sultan Kudarat: Philippine News Agency..
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32 10. Cable News Network (2019), Sandy Hook School Shootings Fast Facts; November 22, 2019
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34 11. Overseas Security Advisory Council, Bureau of Diplomatic Security, US Department of State (2019)
35 Philippines 2019 Crime & Safety Report.
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37 12. Houston Police; Personal Safety (.pdf); Crime Triangle: Houston City, United States of America.
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39 13. The Encyclopedia of Theoretical Criminology (2014): ISBN 9781118517390.
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41 14. Tribal Oriented Policing Strategies (.pdf); The Crime Triangle; Available at https://ncjtc-
42 static.fvtc.edu/Resources/RS00002721.pdf; Retrieved March, 2020
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44 15. Lea, J. (2015) Jock Young and the Development of Left Realist Criminology: Critical Criminology.
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46 16. Lea, J. (2016) Left Realism: A Radical Criminology for the Current Crisis; International Journal for
47 Crime, Justice and Social Democracy; United Kingdom.
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49 17. David, A. (2001) Getting Things Done: The Art of Stress-Free Productivity; Penguin Group; New York,
50 New York, USA.
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52 18. Michael Sliwinski (2019) It’s All About Passion.
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