Professional Documents
Culture Documents
CRIMINAL On the basis of the definition of crime, a criminal Criminological Classification of Criminals
may be defined in three ways:
o Legal Based on Activities
o Social o Professional Criminals are those who practice crime
o Psychological as a profession for a living. Criminal activity is constant
in order to earn skill and develop ability in their
Criminological Classification of Criminals commission.
o Accidental Criminals are those who commit crimes
when the situation is conducive to its commission.
Based on Etiology o Habitual Criminals are those who continue to commit
o Acute Criminal is one who violates a criminal law crime because of deficiency of intelligence and lack of
because of the impulse or fit of passion. They commit self – control.
passionate crimes.
Based on Mental Attitudes
o Active Criminals are those who commit crimes due to during and after the commission of the crime (Tradio, 1999).
aggressiveness. Included under this approach are:
o Passive Inadequate Criminals are those who commit 1. Anthropological Approach – the study on the physical
crimes because they are pushed to it by reward or characteristics of an individual offender with non-
promise. offenders
o Socialized Delinquents are criminals who are normal 2. Medical Approach - the application of medical
in behavior but defective in their socialization process examinations on the individual criminal explain the
or development. mental and physical condition of the individual prior
and after the commission of the crime (Positivist).
Criminological Classification of Criminals 3. Biological Approach –the evaluation of genetic
influences to criminal behavior. It is noted that heredity
Based on Legal Classification is one force pushing the criminal to crime (Positivist).
o Habitual Delinquent is a person who, with in a period 4. Physiological Approach – the study on the nature of
of ten years from the date of his release or last human being concerning his physical needs in order to
conviction of the crimes of serious or less serious satisfy his wants(Maslow).
physical injuries, robbery, estafa, or falsification, is 5. Psychological Approach – it is concerned about the
found guilty of any of the said crimes or a third time deprivation of the psychological needs of man,(Freud,
oftener. Maslow).
o Recidivist is one who, at the time of his trial for one 6. Psychiatric Approach – the explanation of crime
crime, shall have been previously convicted by final through diagnosis of mental diseases as a cause of the
judgment of another crime embraced in the same title of criminal behavior (Positivist).
the Revised Penal Code. 7. Psychoanalytical Approach – the explanation of
crimes based on the Freudian Theory, which traces
behavior as the deviation of the repression of the basic
APPROACHES AND THEORIES OF CRIME drives (Freud).
SUBJECTIVE APPROACHES - deals mainly on the OBJECTIVE APPROACHES - The objective approaches
biological explanation of crimes, focused on the forms of deal on the study of groups, social processes and institutions as
abnormalities that exist in the individual criminal before,
influences to behavior. They are primarily derived from social He proposed “Utilitarian Hedonism”, the theory, which
sciences (Tradio, 1999). explains that a person always acts in such a way as to seek
Under this are: pleasure and avoid pain.
1. Geographic Approach – this approach considers Cesare Beccaria in his “ESSAY on Crimes and
topography, natural resources, geographical location, Punishment” presented his key ideas on the abolition of
and climate lead an individual to commit crime torture as a legitimate means of extracting confessions
(Quetelet). Freewill (Beccaria) – a philosophy advocating punishment
2. Ecological Approach – it is concerned with the biotic severe enough for people to choose, to avoid criminal acts. It
grouping of men resulting to migration, competition, includes the belief that a certain criminal act warrants a certain
social discrimination, division of labor and social punishment without any punishment without any variation.
conflict as factors of crime (Park). Hedonism (Bentham) – the belief that people choose pleasure
3. Economic Approach – it deals with the explanation of and avoid pain.
crime concerning financial security of inadequacy and
other necessities to support life as factors to criminality The Neo-Classical School of Criminology
(Merton). The neo-classical school of criminology argued that
4. Socio – Cultural Approach – those that focus on situations or circumstances that made it impossible to exercise
institutions, economic, financial, education, political, freewill are reasons to exempt the accused from conviction.
and religious influences to crime (Cohen).
The Positivist/Italian School (1838 – 1909)
THEORIES OF CRIME AND THE PIONEERS
It maintained that crime as any other act is a natural
PRE-CLASSICAL ERA phenomenon and is comparable to disaster or calamity. That
Demonological Theory- crime as a social and moral phenomenon which cannot be
The Classical School of Criminology treated and checked by the imposition of punishment but rather
This is the school of thought advocated Cesare rehabilitation or the enforcement of individual measures.
Bonesara Marchese de Beccaria together with Jeremy Cesare Lombroso and his two students,
Bentham (1823) Enrico Ferri and Rafaele Garofalo advocated this
school.
Cesare Lombroso (1836 – 1909) – criminal 40 personal with with venereal disease, 50 prostitues
The Italian leader of the positivist school of criminology, was and 280 killers.
criticized for his methodology and his attention to the Dougdale argued that they were transmitting a degenerate trait
biological characteristics of offenders, but his emphasis on the to the next generation.
need to study offenders scientifically.
He wrote the essay entitled “CRIME: Its Causes and Enrico Ferri (1856 – 1929) – He was the best-known
Remedies” that contains his key ideas and the classifications of Lombroso’s associate.
criminals. His greatest contribution was his attack on the classical
Classifications of Criminals by Lombroso doctrine of free will.Interested in controlling crime through
o Born Criminals preventive measures: state control of the manufacture of
o Criminal by Passion weapons, inexpensive housing and better street ligthing.
o Insane Criminals Argued that crime was caused by social, economic and political
o Criminoloid – a person who commits crime due to less determinants
physical stamina/self self control. Raffaele Garofalo ( 1852 – 1934) – Another follower of
Lombroso, an Italian nobleman, magistrate, senator, and
Classical School Positivist School professor of law. Like Lombroso and Ferri, he rejected the
Legal definition of crime No to legal definition doctrine of free will and supported the position that the only
Punishment fit the crime Punishment fit the
way to understand crime was to study it by scientific methods.
Doctrine of free will criminal
Influenced on Lombroso’s theory of atavistic stigmata (man’s
Death penalty allowed Doctrine of determinism
inferior/ animalistic behavior), he traced the roots of criminal
No empirical research Abolition of death
penalty behavior not to physical features but to their psychological
Definite sentence
Inductive method equivalents, which he called “moral anomalies”.
Indeterminate sentence Comparison of Classical and Positivist
o Occasional Criminal
o Pseudo-criminals –
EARLY TWENTIETH CENTURY THEORIES
Richard Dougdale- study the Inherited Criminality – JUKES
Family
David Emile Durkheim (French, 1858 - 1917)
Ada jukes considered as mother of Criminals, of 1,000
descendants Dougdale found 60 thieves, 7 muderers, 40 toher
He advocated the “Anomie Theory”, the theory that The idea of somatotyping was originated from the
focused on the sociological point of the positivist work of a German Psychiatrist, Ernest Kretschmer,
school, which explains that the absence of norms in a who distinguished three principal types of physique as:
society provides a setting conductive to crimes and 1. Asthenic – lean, slightly built, narrow shoulders
other anti-social acts. 2. Athletic – medium to tall, strong, muscular, course
According to him, the explanation of human conduct bones
lies not in the individual but in the group and the social 3. Pyknic – medium height, rounded figure, massive neck,
organization. broad face
William H. Sheldon (1898 – 1977)
Sigmund Freud (1856 - 1969) his own Somatotyping Theory. His key ideas are
Psychologists have considered a variety of possibilities concentrated on the principle of “Survival of the
to account for individual differences – defective Fittest” as a behavioral science. He combines the
conscience, emotional immaturity, inadequate biological and psychological explanation to understand
childhood socialization, maternal deprivation, and poor deviant behavior.
moral development. The Freudian view on criminal Classification of Body Physique by Sheldon
behavior was based on the use of Psychology in 1. Endomorphy – a type with relatively predominance of
explaining an approach in understanding criminal soft, roundness through out the regions of the body.
behavior – the foundation of the Psychoanalytical They have low specific gravity. Persons with typically
theory. relaxed and comfortable disposition.
2. Mesomorphy – athletic type, predominance of muscle,
Robert Ezra Park (1864 - 1944) bone and connective tissue, normally heavy, hard and
Park is a strong advocate of the scientific method in firm, sting and tough. They are the people who are
explaining criminality but he is a sociologist. He routinely active and aggressive, and they are the most
advocated the “Human Ecology Theory”. Human likely to commit crimes.
Ecology is the study of the interrelationship of people 3. Ectomorphy – thin physique, flat chest, delicacy
and their environment. through the body, slender, poorly muscled. They tend to
MIDDLE TWENTIETH CENTURY look more fatigue and withdrawn.
Ernest Kretschmer (1888 – 1964) Edwin Sutherland (1883 - 1950)
“the most important criminologist of the twentieth reflected in the ruling class, thus crime and delinquency
century”, he was considered as the “Dean of Modern are reflected on the demoralized surplus of population,
Criminology.” He said that crime is learned and not which is made up of the underprivileged usually the
inherited. unemployed and underemployed.
He advocated the DAT – Differential Association Willem Bonger, a Marxist-Socialist, on the other hand,
Theory, which maintain that the society is composed placed more emphasis on working bout crimes of
of different group organization, the societies consist of economic gain. He believes that profit -motive of
a group of people having criminalistic tradition and capitalism generates an egoistic personality. Hence,
anti-criminalistic tradition. And that criminal behavior crime is an inevitable outcome.
is learned and not inherited.
Walter Reckless (1899 - 1988) LATE 20TH CENTURY: THE CONTEMPORARY
The Containment Theory assumes that for every PIONEERS
individual there exists a containing external structure Robert King Merton (1910)
and a protective internal structure, both of which He advocated the Strain Theory, which maintains that
provide defense, protection or insulation against crime the failure of man to achieve a higher status of life
or delinquency. caused them to commit crimes in order for that
the outer structure of an individual are the external status/goal to be attained.
pressures such as poverty, unemployment and blocked Merton’s explanation to criminal behavior assumes that
opportunities while the inner containment refers to the people are law abiding but when under great pressure
person’s self control ensured by strong ego, good self will result to crime.
image, well developed conscience, high frustration Merton’s mode of Adaptation
tolerance and high sense of responsibility. 1. Conformity- accepts the culturally defined goals and
Karl Marx, Frederick Engel, Willem Bonger (1818 -1940) the prescribed means for achieving those goals.
They are the proponents of the Social Class Conflict 2. Innovation- accepts society’s goals, but design their
and Capitalism Theory. own means for achieving them.
Marx and Engel claim that the ruling class in a 3. Ritualism- Abandon society goals and concentrate only
capitalist society is responsible for the creation of on the means.
criminal law and their ideological bases in the 4. Retreatism- individual who give up on the goals and the
interpretation and enforcement of the laws. All are means ex. Addicts
5. Rebellion-both cultural goals and means are rejected rationalize whether he is protected from hurt or
and subsituted by new ones. destruction.
Albert Cohen (1918) People become law abiding if they feel they are
He advocated the Sub-Culture Theory of benefited by it and they violate it if these laws are not
Delinquency. Cohen claims that the lower class cannot favorable to them.
socialize effectively as the middle class in what is Neutralization and Drift Theory- developed by David
considered appropriate middle class behavior. Thus, the Matza and Gresham Sykes- even most committed
lower class gathered together share their common criminals and deliquencts are not involved in
problems, forming a subculture that rejects middle class criminality all the time, they drift ijn and out of
values. conventional and criminal behavior.
Cohen called this process as reaction formation. Much Frank Tennenbaum, Edwin Lemert, Howard Becker (1822
of this behavior comes to be called delinquent - 1982)
behavior; the subculture is called a gang and the kids They are the advocates of the Labeling Theory – the
are called delinquents. theory that explains about social reaction to behavior.
Lloyd Ohlin (1928) Earl Richard Quinney (1934)
He advocated the DOT – Differential Opportunity He was a Marxist criminologist who advocated the
Theory. This theory explained that society leads the Instrumentalist Theory of capitalist rule.
lower class to want things and society does things to He argued that the state exist as a device for controlling
people. the exploited class – the class that labors for the benefit
He claimed that there is differential opportunity, or of the ruling class.
access, to success goals by both legitimate and He claims that upper classes create laws that protect
illegitimate means depending on the specific location their interest and t the same time the unwanted behavior
of the individual within the social structure. Thus, of all other members of society.
lower class groups are provided with greater Quinney major contribution is that he proposed the shift in
opportunities for the acquisition of deviant acts. focus from looking for the causes of crime from the individual
Gresham Sykes (1922) to the examination of the Criminal Justice System for clues.
He advocated the Neutralization Theory.
It maintains that an individual will obey or disobey THEORISTS
societal rules depending upon his or her ability to Charles Goring’s Theory (1870 - 1919)
He contradicted the Lombroso’s idea that criminality Maslow’s Assumptions
can be seen through features alone. Nevertheless, SELF-ACTALIZATION
Goring accepted that criminals are physically inferior to ESTEEM NEEDS
LOVE, AFFECTION AND BELONGINGNESS NEEDS
normal individuals in the sense that criminals tend to be
SAFETY NEED
shorter and have less weight than non-criminals. PHYSIOLOGICAL OR SURVIVAL NEEDS
Earnest Hooton’s Theory (1887 - 1954) –
An Anthropologist who reexamined the work of Goring Psychopathology results from the frustration of a human
and found out that:Tall thin men tend to commit forgery being’s essential nature
and fraud, undersized men are thieves and burglars, Theories
short heavy person commit assault, rape and other sex Physiognomy- study of facial features and their relation to
crimes; whereas mediocre (average) physique flounder human behavior
around among other crimes.” He also contended that Phrenology-criminality determined by shape of the skull
criminals are originally inferior; and that crime is the (Gall)
result of the impact of environment. Physiology/Atavisms-criminals have measurable physical
Adolphe Quetelet (1796 - 1874) differences from non-criminals (Lombroso, Hooton)
Quetelet was a Belgian Statistician who pioneered Critical sociological theories are also called ‘conflict’
Cartography and the Carthographical School of theories. These theories deal with social justice and policies.
Criminology that placed emphasis on social statistics. Feminism-women are treated differently than men.
He discovered, basing on his research, that crimes Liberal feminism believes a system controlled by men prevents
against persons increased during summer and opportunity for women. Women are also socialized differently.
crimes against property tends to increase during Radical feminist believes that the justice system doesn’t
winter. adequately address women’s concerns.
Socialist feminist believe that women are underrepresented in
Abraham Maslow (1908-1970 positions of power and influence.
Introduced the Self-actualization Theory Critical Race Theory-indicates that people of color are over-
Human nature is basically good, not evil represented at every level of the justice system. It deals with
Normal human development involves the actualization discrimination, prejudice and differential law enforcement.
of this inherent goodness Integrated Theory Theorist-believes that one theory alone
cannot explain crime.
Chicago School disorder, high numbers of abandoned buildings and
arose in the early 20th century, through the work of other signs of community deterioration.
Robert Ezra Park, Ernest Burgess and other urban William Julius Wilson suggested a poverty
sociologist at University of Chicago. In the 1920s, “concentration effect”, which may cause
Park and Burgess identified concentric zones that often neighborhoods to be isolated from the mainstream of
exist as cities grow, including the “zone in transition” society and become prone to violence.
which was identified as most volatile and subject to
disorder. Individual theories
Chicago School sociologists adopted a social ecology
approach to studying cities, and postulated that urban Social Process theories
neighborhoods with high levels of poverty often theories which are based on the concept that an
experience breakdown in the social structure and individual’s socialization determines the likelihood of
institutions such as family and schools. criminality.
According to social process theories- all people,
Social structure theories regarding of their race, class or gender, have the
potential to become delinquent or criminals.
Social disorganization(neighborhoods) Trait theories
This theory is based on the work of Henry Mckay and Biosocial and psychological trait theories have emerged
Clifford R. Shaw of the Chicago School. Social in modern criminology, as scientific knowledge of
disorganization theory postulates that neighborhoods genetics, biochemistry and neurology has grown.
plagued with poverty and economic deprivation tend to Biosocial theorists believe in equipotentiality and that
experience high rates of population turnover. genetics significantly influence human behavior. They
With high turnover, informal social structure often fails believe that biological factors, together with
to develop, which in turn makes it difficult to maintain environment and social behavior.
social order in a community. Control Theories
Social Ecology Instead of looking for factors that make people become
Since the 1970s, social ecology studies have built on criminal, those theories try to explain why people do
the social disorganization theories. May studies have not become criminal.
found that crime rates are associated with poverty, Social Bond Theory
Travis Hirschi identified four main characteristics: crime causation that are generally based on Marxist
1. “Attachment to other”, theory of class struggle.
2. “belief in moral validity of rules” Argue that capitalism requires people to compete
3. “commitment to achievement” and against each other in the pursuit of material wealth.
4. “involvement in conventional activities”. Learning theory
The more a person features those characteristics, the is a theory that explains criminal behavior and its
less are the chances that he or she becomes deviant (or prevention with the concepts of:
criminal). 1. Positive reinforcement- the presentation of a stimulus
On the other hand, if those factors are not present in a that increases or maintains a response.
person, it is more likely that he or she might become 2. Negative reinforcement- the removal or reduction of
criminal. stimulus whose removal or reduction increase or
Hirschi expanded on this theory, with the idea that a maintains response.
person with low self control is more likely to become 3. Extinction- a process in which behavior that previously
criminal. was positively reinforced is no longer reinforced.
Labeling theory 4. Punishment- the presentation of an aversive stimulus
emphasizes the criminalization process as the cause of to reduce a response.
crime. 5. Imitations or modeling- a means by which a person
The focus on criminalization process rather than the can learn new responses by observing others without
positivist with the peculiarities of the Criminal. performing any overt or receiving direct reinforcement
Criminalization process- the way people and actions or reward.
are defined as criminal. Symbolic internationism draws on the phenomenology of
Conflict Theory Edmund Hussel and George Herbert Mead, as well as sub-
assumes that society is based primarily on conflict cultural theory and conflict theory.
between competing interest groups and that criminal This school of thought focused on the relationship
law and the criminal justice system are used to control between the powerful state, media and conservative
subordinate groups. ruling elite on the one hand, and less powerful groups
Crime is caused by relative powerlessness- the inability on the other.
to dominate other groups in society. The powerful groups had the ability to become the
Radical Theory significant other in the less powerful grouped processes
of generating meaning. The former could to some A subfield of criminology that specializes in studying
extent impose their meaning on the latter, and therefore the victims of crime.
they were able to label minor delinquent youngsters as Victimology
criminal. is simply the study of victims of crimes and
These youngsters would often take on board the label, contributory role, if any, in crime causation.
indulge in crime more readily and become actors in the
self-fulfilling prophecy of the powerful groups. Theory of Victimology
Rational Choice theory Victim Precipitation Theory
Argues that criminals like other people, weigh Von Hentig (1941)—by acting in certain provocative ways,
costs/risks and benefits when deciding whether or not to some individuals initiate a chain of events that lead to their
commit crime and think in economic terms. They will victimization.
also try to minimize risks of crime by considering the Victim precipitation theory has been most contentious when it
time, place and other situational factors. is applied to rape.
Routine Activity Theory Schafer(1968): theory said victims knowingly or unknowingly
Developed by Marcus Felson and Lawrence Cohen, contribute to their own victimization and share responsibility
drew upon control theories and explained crime in with their offender
terms of crime opportunities that occur in everyday life. Routine Activities/Lifestyle Theory
A crime opportunity requires that elements converge in The basic idea of lifestyle theory is that there are certain
time and place including lifestyles that disproportionately expose some people to high
a) a motivated offender risk for victimization.
b) suitable target or victim Lifestyles are the routine patterned activities that people
c) lack of capable guardian. engage in on a daily basis, both obligatory and optional.
Routine activity theory was expanded by John Eck, Most of the research in routine activities/lifestyle theory has
who added a fourth element of place manger such as been done on rape victimization.
rental property managers who can take nuisance
abatement measures. Proximity Theory:
VICTIMS OF CRIME Less about lifestyle and more about closeness.
Victimology Victims and offenders live in the same areas (lots of
people, poverty, transient neighborhoods) Probability of
being a victim has to do with where you live, not your Karmen’s Theory of Victimization
lifestyle. The dynamics of why or how the victim entered the
dangerous situation
Is Victimology Blaming the Victim? How the criminal justice system and social service
Some victim advocates strongly reject victimology agencies interact with and respond to the victim
theories as victim blaming. Evaluate the effectiveness of the system and reform
Victimologists do not blame, they simply remind us efforts to meet victim needs
that complete innocence and full responsibility lie on a
continuum. STUDY OF CRIMINAL BEHAVIOR
Mendelsohn’s Theory of Victimization CRIMINAL PSYCHOLOGY
Mendelson may have been the first to use the term. A major description of criminal psychology is the word
Was one of the first to focus on victims as a key to behavior.
understanding crime. Behavior refers to actions or activities (Kahayon,
1. The completely innocent victim 1985).
2. The victim with minor guilt To the criminologist, behavior is the observable actions
3. The victim who is as guilty as the offender because he is more interested in actions and reactions
4. The victim who is more guilty than the offender that can be seen and verified than in concepts, which
5. The most guilty victim cannot be directly verified.
6. The imaginary victim
Von Hentig’s Theory of Victimization Classification of Behavior
Victims responsible for their harms Normal Behavior (adaptive or adjusted behavior)
His classification schema was based on psychological, Abnormal Behavior (maladaptive/maladjusted
social and biological factors behavior)
In 1948, he developed three broad categorizations of o Abnormal behavior according to deviation of statistical
victims norms based in statistical frequency: Many
1. General: age, gender, vulnerabilities characteristics such as weight, height, an intelligence
2. Psychological: depressed, acquisitive, cover a range of values when, measured over a
loneliness population.
3. Activating: victim turned offender
o Abnormal behavior according to deviation from social Is an imprecise nebulous or indistinct legal and social
norms: A behavior that deprives from the accepted label for a wide variety of law and norm violating
norms of society is considered abnormal. behaviors.
o Behavior as maladaptive: Maladaptive behavior is the JUVENILE DELINQUENT
effect of a well being of the individual and or the social One who is incorrigible, ungovernable or habitually
group. disobedient and beyond control of his parents, guardian,
o Abnormal behavior due to personal distress: This is custodian.
abnormally in terms of the individual subjective One who is habitually truant; habitually uses obscene or
feelings of distress rather than the individual behavior. profane language, one who willfully injure or endanger
o Abnormality in its legal point: It declares that a person the morals or health of others or himself; one who
is insane largely on the basis of his inability to judge associates with any immoral or vicious person.
between right and wrong or to exert control over his DEVIANCE
behavior A behavior that departs from the social norm.
DEVIANT BEHAVIOR
It exists in the violation of norms which are sufficient to
Juvenile Delinquency Prevention and
exceed the general tolerance limit of society.
Control SOCIAL NORM
JUVENILE Is a set of standard behavior of the society.
Youth or young person YOUTHFUL OFFENDER
Is a child, minor or youth including one who is
emancipated in accordance with law, and is over nine
DELINQUENCY years but under eighteen years of age at the time of the
Offense, fault, neglect or failure of duty. Such commission of the offense.
behaviors committed by a young person as to bring him PARENS PATRIAE
to the attention of the court or that go against social Is the power of the state to act in behalf of the child and
norm. provide care and protection equivalent to that of a
JUVENILE DELINQUENCY parent?
STATUS OFFENSE
An act that is declared as an offense, but only when THEORIES OF DELINQUENCY
committed status offenses.
STATUS OFFENDER CLASSICAL THEORY Pioneered by:
A juvenile who has been adjudicated by a court as 1. Cesare Beccaria (Freewill Doctrine)
having committed status offenses. 2. Jeremy Bentham (Hedonism or Utilitarianism)
EMANCIPATION 3. Essential Elements of Classical Criminology
A relinquishment of the care, custody and earnings of a In every society people have free will to choose
minor child and the renunciation of parental duties. criminal or lawful solutions to meet their needs or settle
ANOMIE their problems. Criminal solutions may be more attractive
Is a condition produced by normlessness. This is than lawful ones because they usually requires less work
because of rapidly shifting moral values, a person then for a greater payoff; if left unsanctioned, crime has greater
has few guides to what is socially acceptable behavior. utility than conformity. A person’s choice of criminal
INHERITANCE solutions may be controlled by his or her fear of
Is the transmission of physical characteristics mental punishment. The more severe, certain, swift the
traits, tendency to disease, from parents to offspring in punishment, the better able it is to control criminal
genetics, the tendency manifested by an organism to behavior. In general, the Classical Theory views
develop in the likeness of a progenitor due to the delinquents as people who break the rules of society
transmission of genes in the productive process. because of greed or lack of moral character. The deterrent
HEREDITY effect of punishment can be used to control their behavior.
A biological endowment or gift of nature.
POSITIVIST THEORY OF DELINQUENCY
Two Perspectives of Positivism
SPECIFIC BEHAVIOR ARE DEFINED UNDER A The belief that human behavior is a function of internal and
BROADER CATEGORY: external forces (Biological, Sociological and
PINS – Person In Need of Supervision Psychological) It embraced the scientific method to solve
CHINS – Children In Need of Supervision problems. It rely on the strict implementation of empirical
MINS – Minor In Need of Supervision methods to test a hypothesis.
JINS – Juvenile In Need of Supervision Biological Determinism
CHINA – Children In Need of Assistance
People have biological and mental traits make them claimed that humans, like other animals are parasite.
crime prone. These traits are inherited and present at Man has an Animalistic (aggressive) behavior which
birth. Mental and physical degeneracy are the causes of was the causes of crime.
crime. The interpretation of human and human life from Richard Dugdale Theory of Crime and Delinquency
a strictly biological point of view and it closely related Studied the family free of Ada jukes – known as the
to genetic influence. mother of criminals, which he claimed that since some
Physiognomy families produce generations of criminals, they must
By Giambattista Della Porta and J. K. Lavater. have been transmitting degenerate traits down the line.
Studied the facial features of criminals to determine
whether the shape of ears, nose, and eyes and the Henry Goddard Theory on Crime and Delinquency
distance between them were associated with anti-social Studied the revolutionary family tree of Martin
behavior. Kallikak. Who advocated the theory that
Phrenology “Feeblemindedness” inherited as Mendalian unit, cause
By Franz Joseph Gall and Johann K. Spurzheim (1776- crime for the reason that feebleminded person is unable
1832) to appreciate the consequences of his behavior or
Studied the shape of the skull and bumps of the head to appreciate the meaning the law.
determine whether these physical attributes were linked
to criminal behavior. Somatotyping School of Thought
Criminal Anthropology It maintains the belief of inheritance as the primary
Popularized by Cesare Lombroso (Father of determinants of behavior and the body physique is a
Criminology). reliable indicator of personality.
Two Essential Features: This theory states that delinquents and criminals
1. Criminal behavior is inherited (Born manifest distinct physiques that make them susceptible
Criminals) to particular types of delinquent behaviors.
2. These born criminals suffer from “Atavistic
Anomalies”. Earnest Kretschmer
Theory of Evolution “origin of species”, father of german somatotyping theory
By Charles Darwin a German Psychiatrist who distinguished 3 principle
of body types:
1. Asthenic – lean, slightly built; o It suggest that social and economic forces operating in
2. Athletic – Strong Muscular, usually connected deteriorated lower class areas push many of their
with crime violence; residents into criminal behavior patterns.
3. Pyknic – rounded figure, broad face. A.social Disorganization by two Chicago Sociologist Henry
4. Dysplastic or Mixed type – having predominant McKay and Clifford Shaw
type. The absence of public order coupled problematic
William Sheldon characteristics of disorganized communities – namely
father of american somatotyping theory poverty, population heterogeneity and residential
brought the work of Kretschmer to the United States. mobility are strong predictor of high crime rates.
He formulated his own group of somatotype; They linked life in transitional slum areas/neighborhood
1. Ectomorph – slightly built; to the inclination to commit crime.
2. Endomorph – round bodies; B. Strain Theory by Robert Merton
3. Mesomorph – Athletic and muscular. they believe that most people share similar values and
He maintains the belief of inheritance as the primary goals but the ability to achieve personal goals is
determinants of behavior and the physique is the stratified by socioeconomic class which causes
reliable indicator of personality. pressure (frustration, stress, depression) to an
SOCIOLOGICAL DETERMINISM individual resulting to cause unconventional behavior.
The concept of upbringing, socialization, learning and refers to the friction and pains experienced by an
control as determinants of behavior. individual as he or she look for ways to satisfy his or
Adolphe Quetelet her needs.
Pioneering sociologist along with E. Durkhiem, who 5 modes of adaptation
instigated the use of data and statistics in performing 1. Conformity – when individuals both embrace
criminological research. Known to be the founder of conventional social goals and means.
Cartographical School of criminology who made use of 2. Innovation – when an individuals accepts goals but
social statistics such as demographic information on the rejects or is incapable of attaining them through
population in relation to criminality. legitimate means. This is most closely associated
1. Social Structure Theory with criminal behavior.
3. Ritualism – it gain pleasure from practicing
traditional ceremonies regardless of whether they
have real purpose or goal. Have the lowest level of elements of society rather than restricting his views
criminal behavior because they have abandoned the to lower class.
success goals, which is the root of criminal activity. the greater the intensity and frequency of strain
4. Retreatism – Rejects both goals and means of the experiences, the greater their impact and the more
society. People are morally or otherwise incapable likely they are to cause delinquency and criminality.
of using both legitimate and illegitimate means, E. Cultural Deviance
they attempt to escape their lack of success by Obedience to the norms of their lower class culture
withdrawing – either mentally or physically. puts people in conflict with the norms of the
5. Rebellion – it involves substituting an alternative dominant culture.
set of goals and means for conventional ones. They E.1. Delinquent Subculture theory by Albert Cohen
wish to promote radical change in the existing the delinquent behavior of the lower class youths is
social structure. actually a protest against the norms and values of
the middle class. Because social conditions make
C. Theory of Anomie by Emile Durkheim them incapable of achieving success legitimately,
from the Greek word “nomos” – without norms, lower class youths experience a form of culture
state of normalessness. A sociological concept that conflict that is know as Status Frustration.
helps describe the chaos and disarray accompanying It claims that the lower class cannot socialize
the loss of traditional values in modern society. effectively as the middle class, forming subculture
according to Durkheim that an anomic society is rejecting middle class values.
one in which rules of behavior (norms) have broken E.2. Differential Opportunity by Richard Cloward and
down or become inoperative during the period of Lloyd Ohlin
social change or social crisis. states that people in all strata of society share the
D. General Strain Theory by Robert Agnew same success goals but that those in the lower class
whereas Merton tried to explain social class have limited means of achieving them. People who
differences in the crime rate, Agnew tries to explain perceive themselves as failures within conventional
why individuals who feel stress and strain are more society will seek alternative or innovative means to
likely to commit crimes. Agnew also offers a more gain success.
general explanation of criminal activity among all
the absence of legitimate opportunity. Blockage of They view the process of becoming a criminal as a
conventional opportunities causes lower class learning experience in which potential delinquents and
youths join to criminal behavior. criminals master techniques that enable them to
2. Social Process theory counterbalance or neutralize conventional values and
o Hold that criminality is a function of individual drift back and forth between illegitimate and
socialization. These theories draw attention to the conventional behavior.
interactions people have with various organization, A.4. Gabriel Tarde and his theory of Imitation
institutions and processes of society. He believed people learn from one another through a
Branches of Social Process process of imitation.
A. Social learning Theories 1. Individuals imitate in others in proportion to the intensity
o Suggest that people learn the techniques and of and frequency of their contacts.
attitudes of crime from close and intimate 2. Inferiors imitate superiors.
relationships with criminal peers; crime is a learned 3. When two behavior pattern clash, one may take the
behavior. others.
A.1 Differential Association by Edwin Sutherland B. Social Control Theories
The principal part of the learning of criminal behavior o maintains that all people have the potential to
occurs within intimate personal groups. violate the law and that modern society presents
Criminal behavior is learned, learning is a by product of many opportunities for illegal activity.
interaction and the learning occurs within intimate 1. Social Bond Theory by Travish Hirschi
groups. Links the onset of criminality to the weakening of the
A.2. Differential Reinforcement (Direct Conditioning) by ties that bind people to the society. All individual are
Ronald Akers in collaboration with Robert Burgess potentials law violators, but they are kept under control
People learn to be neither “all deviant” nor “all because they fear that illegal behavior will damage their
conforming” but rather strike a balance of between the relationship with friends, parents, neighborhood,
two opposite poles of behavior. teachers and employees.
It occurs when behavior is reinforced by being either 2. Social Reaction or Labeling Theory by Frank
rewarded or punished while interacting with others. Tennenbaum, Edwin Lemert and Howard Becker
A.3. Neutralization theory by David Matza and Gresham
Sykes
This theory maintains that the original cause of crime group, who seek the government’s assistance to help
cannot be known, no behavior is intrinsically criminal defend their rights and protect their
behavior if it is labeled as such. D. Earl Richard Quinney (Instrumentalist Theory)
Holds that deviance is not inherent to an act, but instead o The labor class is used a medium for the benefit of
focuses on the linguistic tendency of majorities to the ruling class.
negatively classify minorities or those seen as deviant PSYCHOLOGICAl DETERMINISM
from norms. The association between intelligence, personality,
Picks up on these concepts of INTERACTION AND learning and criminal behavior.
INTERPRETATION. a. Sigmund Freud and his Psychoanalytical Theory
People enter into a law violating careers when they are Psychologists have considered a variety of possibilities
labeled for their acts and organized their personalities around to account for individual differences – defective
the labels. conscience, emotional immaturity, inadequate
C. Social Conflict Theory by Karl Marx, Frederick Engel childhood socialization, maternal deprivation, and poor
and William Bonger moral development.
o It assumes that the inter group conflict and rivalry He was the one who advocate the concept that human
that exist the society causes crime. The crime mind perform three separate function.
producing traits of the capitalist society (master – ID- Pleasure Principle
slave and the have – have nots) EGO – Reality Principle
Contributors to Social Conflict theory SUPER EGO – Morality Principle
b.Isaac Roy and his Moral Insanity
1. Ralf Dahrendorf – argues that modern society is He describe persons who were normal in all aspects
organized into what he called IMPERATIVELY except that something was wrong with the part of the
COORDINATED ASSOCIATION. These association brain that regulates effective responses.
comprise two groups: those who possess authority and use He questioned whether we could hold people legally
it for social domination and who lack authority and are responsible for their acts if they had impairment,
dominated. because these people committed their crimes without
2. George Vold - argued that crime can also be explained intent to do so.
by social conflict. Laws are created by politically oriented
c. Henry Maudsley involves such traits as feeble mindedness, epilepsy,
He believed that crime is an outlet in which their insanity and defective social instinct.
unsound tendencies are discharged; they would go mad DEVELOPMENTAL THEORIES
if they are criminals. Views that criminality as a dynamic process, influenced
d. Aichorn by a multitude of individual characteristics, traits and
The cause of delinquency is the faulty development of social experiences.
the child during the first few years of his life. a. Life Course Theory by Sheldon and Eleanor Glueck
e. David Abrahamsen It recognized that as people mature the factors that
Explained the causes of crime by his formula: Criminal influence their behavior change.
behavior equals criminal tendencies plus crime situation b. Latent trait theory by David Rowe, D. Wayne Osgood
divided by the persons mental and emotional resistance and W. Alan Nicewander
towards temptation. The propensity to commit crime is stable, the
f. Cyrill Burt opportunity to commit crimes fluctuates over time.
The theory of General Emotionality; offenses can be Assumes that a number of people in the population
traced to either in excess or deficiency of a particular have a personal attribute or characteristics that controls
instinctive drive. their inclination or propensity to commit crimes.
g. Healy Latent Trait theories
claimed that crime is an expression of the mental a. General theory of Crime by Michael Gottfredson and
content of the individual. Travish Hirschi.
h. Blomberg modified and redefined some of the principles
claimed that criminality is t result of emotional articulated in Hirschi’s social control theory by
immaturity. Person who is matured know how to integrating the concepts of control with those biosocial,
control his emotion effectively. psychological, routine activities and rational choice
i. Charles Goring theories.
studied the mental characteristics of 3,000 convicts. He People who are at risk because they have impulsive
found little difference in the physical characteristics of personalities may forego criminal careers because there
criminals and non criminals but he uncovered a are no criminal opportunities that satisfy their impulsive
significant relationship between crime and a condition needs; instead they may find other outlets for their
he referred to as “defective intelligence”, which impulsive personalities. In contrast, if the opportunity is
strong enough, even people with relatively strong self Modern Outgrowths
control may be tempted to violate the law. o Rational Choice Theory
b. Differential Coercion Theory by Mark Colvin holds that youth will engage in delinquent and
There are actually two sources of coercion: criminal behavior after weighing the
Interpersonal and Impersonal. Interpersonal consequences and benefits of their actions.
coercion is direct, involving the use of threat or o Biosocial Theory (Trait Theory)
force and intimidation from parents, peers and it argue that no two people are alike and that the
significant others. Impersonal involves pressure combination of human genetic traits and the
beyond individual control such as unemployment, environment produces individual behavior
poverty, competition among businesses. patterns.
That a persons ability to maintain self control is a
function of the amount, type, and consistency of 1. Biochemical
coercion experienced as he goes through the life relationship that genetically predetermined and
course. those acquired through diet and environment
c. Control Balance Theory by Charles Tittles influence anti-social behavior.
Believe on the concept of control has two distinct 2. Neurophysiology
elements: 1. the amount of control one is subject to the study of brain activity. The relationship can be
by others and 2. the amount of control one can detected quite early and that children who suffer
exercise over the others. from measurable neurological deficit (trauma – low
d. Age Graded Theory by Robert Sampson and John IQ) at birth are more likely to become criminals
Laub later in life.
This theory attempts to explain the trajectories and 3. Minimal Brain Dysfunction or learning disabilities
transitions of criminal behavior over the life course. abnormality in the cerebral or brain structure or
Trajectories and transitions are pathways or lines of brain damage.
development and specific events that took place on 4. Genetic Influence
the life of a person. inherited aggressive predisposition. Inherited
Identify the turning points of criminal careers such condition associated with crime such as impulsive
successful careers and marriage. personality.
JUVENILE DELINQUENCY: ABSENTING ONESELF FROM HOME WITHOUT
o This is the lawbreaking by non-adult persons. PERMISSION
o It includes such crimes found in the penal code of the PERSISTS IN VIOLATING RULES AND
land, as well as some offenses not in the list of the law REGULATIONS OF THE SCHOOL
such as truancy, or sexual acts, that are illegal only ENDANGERS WELFARE, MORALS AND/OR
when committed by juveniles. HEALTH OF SELF OR OTHERS
o This definition varies from the interpretation of the laws USES VIE, OBSCENE OR VULGAR LANGUAGES
enacted by legislative and interpreted by judiciary, but IN THE HOUSE AND IN THE PUBLIC PLACES 16.
generally the term commonly refers to someone under SMOKE CIGARETTES
eighteen years of age who committed crimes. Illegal ENGAGING IN DISSOLUTES OR IMMORAL LIFE
acts committed by juvenile delinquent are considered OR CONDUCT
CRIME if committed by an adult. WANDERING ELSEWHERE AND EVERYWHERE
o An act committed by minor that violates the penal code JUMPS IN A TRAIN, TRUCKS AND TRAILER
of the government with authority over the area in which WITHOUT PERMISSION
the act occurred. LOITERING AND SLEEPING IN THE SIDEWALKS
o a violations of law and ordinances a violations of AND ALLEYS
juvenile court order an association with criminal or BEGGING AND RECEIVING ALMS IN THE
immoral persons engaging in any calling, occupation, STREET
or exhibition punishable by the law.
CATEGORIES OF JUVENILE DELINQUENTS:
EXAMPLE OF JUVENILE DELINQUENCY: 1. Environmental Delinquents: These delinquents are
FREQUENT IN ANY TAVERNS OR USES considered occasional law breakers. Delinquents under this
ALCOHOL category are considered new in their activity that had just tasted
WANDERING IN THE STREETS ESPECIALLY AT the pleasure fruit of being delinquent. This delinquent can be
NIGHT TIME easily led and corrected.
GROWS UP IN IDLENESS OR IN CRIMES 2. Emotionally Maladjusted Delinquents: These delinquents
ENTERING OR VISITING HOUSE OF ILL REFUTE are chronic lawbreakers who violate the laws, a habit which
HABITUALLY TRUANTS this type cannot be avoided or escaped. They are regarded also
DISOBEDIENT OR REFUSES TO OBEY as habitual delinquents that correcting them is a pressing one.
REASONABLE AND PROPER ORDERS OF
PARENTS, GUARDIANS AND CUSTODIANS 3. Psychiatric Delinquents: These are delinquents suffering
ENGAGES IN INCORRIGIBILITY OR from emotional disturbances brought about by his or her
UNGOVERNABILITY
environment. It may result to mental illness if not given care 1. Medical Doctor
and attention. 2. Psychologist and Psychiatrist
3. Sociologist
CHARACTERISTICS OF JUVENILE DELINQUENCY B. JURIST AND LEGALIST such as: (to institute measures
IN DIFFERENT VIEWPOINTS: for prevention)
PARENTAL VIEW Parents may define disruptive and 1. Lawmaker (senator/congressman)
delinquent behavior as disobedience, fighting with siblings, 2. Lawyers and judges
destroying or damaging property, stealing money from family 3. Policemen and law enforcer
members or threatening parents with violence.
EDUCATIONAL VIEW School staff members often regard CAUSES OF JUVENILE DELINQUENT BEHAVIOR:
delinquent behavior as that which interrupts or disturbs
classroom learning, violates the school code of conduct and Explaining crime and delinquency is a COMPLEX TASK.
sometimes threaten the safety of faculty and students. There are MULTITUDE OF FACTORS that contribute to the
MENTAL HEALTH VIEW Mental health professionals understanding of what leads someone to engage in delinquent
consider delinquency to include a wide range of disruptive behavior. While biological and psychological factors hold their
behaviors that may involve toward others or animals, own merit when explaining crime and delinquency, perhaps
destruction to property, deceitfulness, theft and violations of social factors can best explain juvenile delinquency.
curfew and school attendance. JUVENILE DELINQUENCY is a massive and growing
The Legal System View: problem OF ALL COUNTRY in the world.
Almost all states in the world consider persons under the age of
18 to be juveniles. However when children under this age Influential factors to delinquency:
commit serious crimes, they may be prosecuted as adults. 1. THE FAMILY
Legally, there are two (2) categories of offenses that may be Family factors which may affect the development of juvenile
committed by Juvenile Delinquents, they are: STATUS delinquency include intense and relentless family conflict.
OFFENSES DELINQUENCY OFFENSES Such conflict could be characterized by domestic violence,
EXPLAINING THE CAUSE OF DELINQUENCY: dysfunctional family cohesiveness, child abuse and parental
THE CAUSES: Juvenile Delinquency may be rooted out in neglect and inability to express appropriate affection toward a
many ways according to the different perspective. This child and lack of adequate supervision of a child and rigid non-
perspective may vary, depending on the way experts democratic child rearing practices.
understand problem relative to juvenile delinquency. 2. THE PEERS
Adolescence is a stage of development in which acceptance by
WHO CAN EXPLAIN JUVENILE DELINQUENCY? one’s peers becomes extremely important to the juvenile’s
A. SCIENTIST like: (to institute treatment) sense and self-worth. Associating with a circle of friends who
exhibit delinquent behaviors and perform delinquent acts Lying, shoplifting, property damage (including
increases the risk of non-conformity to social norms as well as vandalism and fire-setting) or more serious forms of property
deviant and delinquent behaviors. damage ranging from petty thievery to robbery.
“Tell me who your friends are and I’ll tell you who you
are” : OVERT ACTS:
3. THE SCHOOL Annoying and bullying others, physical fighting, gang
Poor academic performance and classroom conduct problems fighting and other violent behaviors such as attacking others
may be predictors to later delinquency. Lack of academic with a weapon and sexual assault. If you fear that your child
competency creates feelings of alienation, worthlessness and may be heading down a path towards delinquency or is at a
low self-esteem. Truancy is often a child’s way of dealing high risk for developing these behaviors then keep in mind that
with school related failures.
“SCHOOL: the molder and foundation of knowledge”: PREVENTION IS HE BEST SOLUTION
F. Immediate Actions of the Negotiator upon Arrival at the Advantage of Telephone Negotiations
Scene of Incident 1. Easier to say No
2. Easier to conclude the conversation
1. Containment - controlling situation and area by people 3. Conversation is quicker
involved. Other people bystanders must be obliged to get from the 4. Important items are more easily committed
areas as they may add more problems. 5. Caller has the advantage
2. Established Contract - Immediately after positioning at G. Hostage Takers' Demands
advantage position, communicate with the leader. He may introduce Demands of Hostage Takers
himself by saying "My name is ___________, I am a ___________. I 1. Negotiable
am willing to help. Never tell him your rank; the hostage taker might a. Food
think you can give all. So that he may ask for impossible demand. b. Cigarettes
Neither, should the negotiator give the feeling that he has the c. Drinks
authority to decide. Do not bluff. d. Alcohol
3. Time Lengthening - Give more time for the police to organize e. Transportation
and coordinate plan of action. f. Media Coverage
g. Freedom
2. Not Negotiable 1. Keep in mind that in one H.T., show of force may be
a. Weapons/Ammunition unnecessary
b. Drugs 2. Speak firmly but nit in threatening manner
c. Release of prisoners 3. Do not be overfriendly; it may be interpreted as weakness
d. Exchange of hostages 4. HT should not be driven to desperation (give hope, security
Handling Demands etc.)
1. Avoid asking for demands 5. Show of force in necessary if there are several hostage taker
2. Avoid offering anything (HT)
3. Do not give anything not specifically asked for and should not J. Failure of Negotiation (or Situation Permits)
give more than absolutely necessary to fulfil the agreement 1. Final move must be made swiftly without looking back
4. Never give anything without getting something in return 2. Any assault must proceed with skill and professionalism, when:
5. Avoid dismissing any demand as trivial a. HT begins executing hostages
6. Ignore deadlines and do not set deadlines for the incident b. HT throws out first body
resolution K. Concluding a Hostage Incident
7. Negotiate first for the sick or injured hostages 1. Remove perpetrators as quickly as possible
8. Monitor the types of demands 2. Secure the Scene
9. Asses the personality type of the hostage taker based on the 3. Brief Media
types of the demands made 4. Collect Evidence
10. Delay, impress hostage taker even simple demands are hand to 5. Assemble involved personnel
get; that you need to talk with commander or other people etc. 6. Retrieve equipment
7. Identify all property damaged
H. Effects of Time in the Negotiation 8. Identify critique data and handle debriefing
Positive Effect of Time
1. Hostage taker will wear down emotionally/psychologically
2. Hostage taker have more demand for food and water
3. Anxiety reduces; hostage taker will be given a chance to organize
his true self.
4. Hostage takers rationally increase
5. Hostage taker-negotiator relationships get improve
6. Hostage takers demand may be reduces
7. Stockholm syndrome may develop