THE RUDIMENTARY SQUARE OF CRIME

Introduction

In ancient times the concept of investigating a crime is unknown to man. Whenever an

individual committed a crime, some believe that the person is subdued by supernatural or evil.

Man's action was based on the acceptability of society. Thus, only those in the highest strata of

society, particularly the rulers, identified whether the acts are wrongful or not. Early

punishments are plain retributive carried out through harsh and inhumane penalties. Later,

changes took place and made them to a reformative and correctional method of discipline.

In modern society, crime is defined as the intentional commission of an act that is

socially harmful or dangerous and legitimately defined, prohibited, and punishable under

criminal law.1 In the Philippines Jurisprudence, crime is classified according to particular law

violated (felony, offense, or misdemeanor) and the nature of acts of the offender (mala in

se or mala prohibita).

To effectively investigating the commission of a crime, probers are performing crime

detection and investigation to prove the guilt of identified offenders in the court of law.

Professionals pursuing this endeavor are widely called as criminalists. On the other hand,

experts and researchers are investigating and illuminating the commission and existence of

crime through a systematic process such as experimentation or research. Criminologist performs

these endeavors.

In the Philippines, the two are intertwined professions. Both are graduates of the

criminology program and successfully hurdle the licensure examination for criminologists. A

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criminology degree focuses on the study of causes and investigation of crime, crime prevention,

law enforcement, and the reformation of criminals. Crimes are explicated using theories and

concepts.

With these, sociologists, psychologists, and criminologists who are also theorists and

researchers of their respective professions investigated crimes and came-up with theory and

concepts. Later, their footsteps were followed by others and endeavor to conduct further study

to illustrate the causes of crime as a social phenomenon. The process of investigating and

explaining the causes of crime is known as etiology.

In academic parlance, theory refers to a conceivable or scientifically acceptable general

principle or body of principles that have already been substantiated by data, offered to explain

phenomena.2

The primordial objective of this paper is to present a contemporary theory of crime

known as the "Rudimentary Square of Crime." This theory will augment the existing theories

to fundamentally and comprehensively expound and investigate the existence of crime.

It will help criminology students, professionals, and practitioners to understand the

existence of the phenomenon.

Law enforcers and probers may utilize this concept as a reference in formulating police

plans and investigatory procedures.

It will also guide criminology researchers, to their endeavor of unveiling the truth.

Generally, this will add to the existing theories and concepts in explaining and

investigating the existence of crime.

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 Related Literature

Rapid urbanization and complexities cause swift changes in current society. Changes in

society also cause variations in the commission of crimes. The influx of modern and

sophisticated technologies, including a computer, cellular phones, and online games, reinforced

the sudden increase in crime rates and the development of wide ranges of deviant behavior

among members of society, most particularly the young ones.

Cybercrime is a crime that is mediated by networked technology. 3 The computer

network serves as the new crime scene. Utilizing these technologies surpasses or superseded

the old methods of committing crimes such as theft, harassment, and fraud. Hacking one's online

or webpage account is the basics of performing these acts. The acts of hacking is performed

primarily by phishing and spoofing. Phishing is performed by sending short messages to

different contact numbers, for cellular phones, or email addresses to obtain an online identity of

interested individuals who will respond to hacker's offers. While spoofing is the method of

attacking one's computer internet protocol or webpage by concealing oneself or impersonating

the owner of the account to make the owner's identity and take advantage to control the genuine

exiting account.

In a study conducted in Iran, the researchers found out that there was about 95%

significant direct relationship between the amount of playing games among adolescents and

anxiety, law-breaking behaviors, hostility, and social problems in general. 4

On the other hand, killings were committed by combined forces of unidentified

individuals who utilize the medium of transportation, particularly motorcycle. They conceal

themselves using bonnet and helmet for them to be barely identified. According to the news and

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another medium, they are called as riding-in-tandem. In this mode of committing a crime, they

utilized a motorcycle to facilitate their immediate escape from the scene of the crime. One will

drive, and the other one will perpetuate the crime of taking personal belongings such as pieces

of jewelry or killing someone.

In a report issued by the Philippine National Police (PNP) sometimes June 2018, a total

of 880 people have been shot dead by unidentified riding in tandem, while 47 others have been

injured since October 11, 2017.5

In March 2020, a Filipina young actress named Kim Chui while riding in her Hyundai

van, the riding-in-tandem burst gun fires against the van when they arrived in a stoplight along

Katipunan Avenue corner CP Garcia Avenue, Barangay UP Campus, Quezon City. According

to the authorities, the gunmen were kept on observing than from the moment they left the house

in one of the subdivisions in Quezon City until reaching the crime scene. 6

Jealousy, anger, and revenge are among factors identified by law enforcers and

criminologists as well. These factors constitute a crime of passion.

One of the most controversial crime in the country happened in 2014 at Olongapo City.

Where a transgender woman Jennifer Lauder was found dead, her body is wrapped by bedsheet

with her head submerged in the toilet of the hotel room. The assailant was identified Joseph

Scott Pemberton, a Private First Class of U.S. Marine Corps 2nd Battalion-9th Marines of the

West Pacific Express. Laude met Pemberton, a disco bar along Magsaysay Drive. Pemberton

was held to trial and found guilty in the crime of homicide, instead of murder, as decided by a

Regional Trial Court in Olongapo City. The decision of the lower court was upheld by the

Special Sixteenth Division of the Court of Appeals.7 Later, the case of Laude triggered political

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reforms as to gender measures and topics. The Lesbian, Gay, Bisexual, and Transgender

(LGBT) communities sounded their alarms to fight for the rights of their colleagues who were

maltreated and embarrassed.

The environment of a person, including peer groups, also contribute to the development

of deviant behavior.

In New York, the United States, a Barnard College freshman student Tessa Majors while

walking along the Manhattan's Morningside Park near her school of December 11, 2019, was

suddenly attacked. Accordingly, her aggressors allegedly planned to rob her but she was stabbed

several times during confrontation, she died due the multiple wounds incurred. The perpetrators

identified were teenagers who used to stand-by the area.8

In the town of Banga, South Cotabato, a Grade 10 student of the Notre Dame of Banga

was reported missing by her mother because the young girl failed to return home from school

and lost contact with her. Two days after, the girl was found with her hands tied and placed on

a sack in a waterway in Purok Bagong Silang, Barangay Punong Grande in Banga past 2:00pm.

The Regional Director of Philippine National Police (PNP) Region 12, Brig. Gen. Alfred

Corpus, conveyed to the public that as to the results of the initial investigation conducted by

crime scene operatives indicated that the victim was died from drowning. Further, initial

findings of the crime scene operatives was supported by an autopsy conducted by the municipal

health officer wherein the victim incurred wounds in her head and neck. 9

On the other hand, mental deficiency and abnormalities somehow affect an individual's

reasoning and judgment. These individuals needed much attention, and careful treatment, failure

to do so will gear them to committing illegal acts.

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 In a firing incident that took place sometimes in December 2012 at the Sandy Hook

Elementary School, Newton, Connecticut, USA. Where a 20-year-old Adam Lanza shoots to

death around 26 individuals, mostly school-children in less than five minutes, after that, he

pointed the weapon against himself and fired. Authorities found out that Lanza, who is fun of

playing computer games, is suffering from Asperger's syndrome. This developmental disorder

is characterized by difficulties in social interaction as well as non-verbal communication.10

Nevertheless, common reasons for committing a crime are always the primordial

attention of law enforcement agencies. These include poverty, peer pressure, the influence of

drugs or alcohol, deprivation of opportunities, unfair treatment, and ill-influence of the use of

technology. Identifying these reasons are important for crimes to be properly and effectively

addressed.

Recently, crime and safety report of the Philippines for the year 2019, physical assault,

theft, and robbery were the most common crimes committed and reported to local authorities.

Other crimes, including pickpocketing, confidence schemes, and credit card fraud, we're also

committed in 2018. The report was released by the Philippine National Police (PNP) Directorate

for Investigation and Detective Management (DIDM).11

Some, if not all, law enforcement and other concern agencies, local and abroad, adheres

and utilizes the three elements to explaining the existence of crime, which is commonly known

as the "Crime Triangle."

The Houston Police in the United States of America, 12 enumerated three elements of

crime, in their pamphlet, which includes: (1.) target – victim, (2.) desire of the criminal, and (3.)

opportunity.

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 The Routine Activity Theory13 purported that crime has three elements, namely: (1.)

motivated offender (2.) suitable target and (3.) absence of capable guardian.

On the other hand, the Tribal Oriented Policing Strategies 14 suggested that the crime

triangle has three elements: (1.) the offender, (2.) victim, and (3.) location.

Upon careful observation and analysis of several crimes that took place across the

country for the past years as well as the existing principles introduced by different exponents in

the study of crime, it is empirical to come up with contemporary measures and principles to

address these issues as a social phenomenon. Because of the preceding, the author at this

moment presented the contemporary concept of the four elements of crime trough the

"Rudimentary Square of Crime." (see Figure No. 1)

Discussions and Justifications

Suppression, if not prevention of crime, is the primary purpose of all law enforcement

agencies around the globe. Strategies, principles, and protocols were laid down to effectively

prevent the commission of crimes and the development of criminal behaviors as well. But, it

seems they are not successful. The effect of these is more on reduction than complete

suppression.

To address a particular phenomenon, such as crime, it is but essential to know every

detail that comprises and causes the existence of a particular event. Therefore, probers

consisting of the reaction team must look into the elements of a phenomenon for them to

strategize their actions. The strength of the agency must prepare law enforcement strategies.

This paper was stirred from Jock Young's "Square of Crime" 15 16 in 1997. Wherein, he

stated that gradual reform will deliver change. He also considered street crimes and other most

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significant crimes. In addressing these menace, social reaction through general and

multidimensional approached may be applied. With this, he enumerated the four elements of

crime namely the (1) police (formal control), (2) public (informal control, (3) offender, and (4)

victim.

The "Rudimentary Square of Crime" will illustrate the complementary significance of

the fundamental comprising elements of crime, namely (1) offender's motive, (2) opportunity,

(3) instrumentation, and (4) location.

To show the relationship of the four elements and how they complement each other. An

illustration using a square was utilized. Square is a polygon, flat in shape with four equal sides,

having each side 900 angle known as right angle. The right angle displayed that each elements

supplement one another to form a square. The four right angles represents the four elements

while the square, as a whole, symbolizes the crime.

Offender's Motive

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 This element is inherent to the offender that refers to the moving power or the desire of

the offender to perform an illegal act. Though motive of the offender in committing crime is not

punishable, it remains an essential element for the crime to takes place. Literally, it is something

that drives or inspires a person which commonly in the form passion.

David Allen, a productivity consultant, once stated that: "passion is not something you

go after as an end in itself. It's rather a symptom of your engagement with anything into which

you are fully immersed. It also not something you usually know you have. Others notice your

full involvement with something, and they call it "passion".17

Passion can be generally classified as positive or negative. Positive passion is the most

powerful of all emotions. Positive passion allows individuals to fully achieve one's potentials

to be active, enthusiastic, and vibrant.

Sliwinski18 also enumerated several types of passion. These includes passion for money,

solution, product, growth, industry, help and synergy. While negative passion refers to intense

emotion that is experienced by any individual in times of crisis or emergency. This passion

includes pain and hatred or obsessive emotion that may cause distraction to oneself or others.

In the figure presented (see Figure No. 1), the offender's motive may be strengthened

whenever he is given or found an opportunity to effect such a motive. Motive became strong

when instrumentation, or the means to perform an offender's motive is sufficient and powerful.

Thus it would be easy for the offender to effect his desires to committing crimes.

Opportunity

The opportunity simply refers to the condition that paves a way to achieve one's desire.

It is considered as the chance to commit a crime that may originate from the victim or the

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environment (location) where the crime would possibly take place. Opportunity to commit

unlawful acts is one of the essential elements of a crime that an offender is seeking or preparing

for. These things are due to a lack of curiosity about the surroundings and preventive measures

on the part of the would-be victim.

The environment may also contribute whenever the offender found the place suitable to

perform and affect his motive. Hence, there is no such thing as a perfect place for crime.

Likewise, the presence of numerous individuals in a certain place may contribute. It

would create an opportunity for the offender to perform illegal acts, for example, the act of

pickpocketing or oral defamation. Pickpockets see it more advantageous whenever the place is

crowded example is during festivity or other mass gatherings. Thus, it would be easy for them

to perform pickpocketing and may select as many victims as they could. While, in oral

defamation, insulting others in front, many people escalate the offender's satisfaction in

committing the act.

Instrumentation

Instrumentation is the application or employment of all available means to effect the

motive of the offender. This may also refer to the capabilities or competencies of the offender

to perform an act. In performing an act, bodily strength and functions, simple machines, or

implements are necessarily present.

From the legal point of view, instrumentation as means refers to the external acts

employed to effect a certain motive.

For example, Martini wanted to retaliate against the person who threatens his father. In

retaliating, the former 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 constitutes an

external act. External acts refer to any bodily actions performed with full volition and free will.

In cases of violations, these external acts (commission), together with the failure to perform a

lawful duty (omission), are both punishable by penal laws.

Moreover, instrumentation became strong and effective as the offender's motivation

intensifies. An offender impels with the passion of resentment and animosities, turns him to be

more determined to plan thoroughly and employ whatever available means to effect his desires.

The place (location) will also strengthen the means or methods prepared by the offender

to effectively and efficiently perform his plans for committing a crime. It is believed that the

more suitable the place is, the more effective the means would be. For example, killing other

people can be the best and easy to perform in an uninhabited place. Where there is a great

distance between the houses, none if not few persons are using the road and most of the time,

roads are not well lighted. These features would be the best suitable place for an offender to

perform the method and utilizing the prepared instrument to commit illegal acts.

Location

Location is any place that serves as the venue to which crime will take place. Most of

the crime has crime scenes. This is one of the most essential and indispensable elements,

especially in the conduct of crime detection and investigation. Location is the place where

probers may found and recover pieces of evidence from proving the alleged facts and from

identifying the perpetrator. The location of the crime could be elsewhere, room, kitchen, toilet,

vacant lot, interior or outside of the building, inside the car, along the road, computer, and the

network (for cybercrimes) and among others can be considered to be a crime scene.

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 Location of crime, may directly or indirectly affect how means (instrumentation) of

committing a crime be employed. It may also create an opportunity for the offender to perform

his desires. Routine activity theory emphasized that all crimes are related to the environment,

and it happened through ecological processes by the offender, the victim, and the environment

surrounding them.

Sociologists around the world agreed that crime is a social phenomenon. Hence, it

confers that the location of crime maybe elsewhere in society. Whenever the offender saw it

suitable or perfect to perform his desires, any place can be the location of the crime known as a

crime scene. It could be a room, open space, riverbank, hallway, and etcetera.

Conclusion

It is empirical to use a theory or principle which are universally accepted and applied in

explaining and investigating social phenomenon such as crime. The Rudimentary Square of

Crime could be one of the best theories to guide and aid probers and researchers to better

understand facts and existing phenomena.

Compliance with Ethical Standards

The author now ensures that research works and studies of other authors incorporated

or included in this manuscript are properly paraphrased and cited. Further, the terminology

utilized is operationally defined by the author. No conflict of interest as to the formulation of

the theory is concerned, no need for consent of other authors because the author formulated the

said theory. As to the involvement of other person/animal in the preparation of this manuscript,

the author held responsible for any counterclaims that may arise.

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