LEA

CLASSICAL SCHOOL – CESARE, MARQUIS OF BECCARIA – BONESANA (1738-1794) – thre proponent was
an italian philosopher and politician best known for his treatise Essay on crimes and punishments
(1764), which condemned torture and the death penalty and was a founding work in the field of
criminology. The classical school was based on utilitarian philiosophy.

Concepts of classical school philosopher

1. people have FREE WILL to choose how to act

2. DETERRENCE is based upon the utilitarian ontological notion because a human being is any of the
following:
a. HEDONIST – only seeks pleasure not pain
b. RATIONAL CALCULATOR – weighing up the costs and benefits of the consequences of each of his
action

PUNISHMENT can deter people from crime because of the following:

a. The cost outwieghs benefits.
b. That severity of punishment should be proportionate to the crime.

POSITIVIST SCHOOL OR ITALIAN SCHOOL OF CRIMINOLOGY – is caused by internal and external factors
outside of the individual’s control. The positivist school introduced the scientific method of
understanding criminality and was applied to study human behavior.

Was founded by Cesare Lombroso (1835-1909) and his italian disciples Enrico Ferri (185-1929) and
Raffaele Garofalo (1851-1934).

NATURE OF CRIMINOLOGY

IT IS AN APPLIED SCIENCE – because of the following studies regarding the causes of criimes such as:
(anthropology, chemistry, ballistics, etc.)
IT IS A SOCIAL SCIENCE - in as much as crime in social creation that it exists in a society being a social
phenomenon, its study must be considered a part of social science.
IT IS DYNAMIC – because it changes as social condition changes. It is concominant with the advancement
of other science that has been applied to it.
IT IS NATIONALISTIC – because the study of crime is in relation with the existing criminal law within the
territory or country.

SOCIOLOGY OF LAW – is a division of criminology which attempt to offer scientific analysis of the
condiitons under which penal or criminal laws are develop as a process of form of social control.

THREE TYPES OF LAW

1. DIVINE LAW – referred as the law of the supreme being. Example: ten comamndments
2. NATURAL LAW – is that which rooted in core values shared by many cultures. Natural laws protect
against harm to persons (example: murder, rape, assault)
3. STATUTORY LAW - os enacted by kegislatures and reflects current cultural mores, though some laws
may be controversial (example: laws that prohibit illegal drug use [RA. 9165])
POSITIVIST AND CLASSICAL SCHOOLS

1. BLUE-COLLAR CRIME – is any crime committed by an individual from a lower social class as opposed to
white-collar crime which oos associated with crime committed by indiciduals of a higher class.

2. CORPORATE CRIME – refetres to crimes committed either by a corporation or by individuals that may
be identified with a corporation or other business entity.

3. ORGANIZED CRIME OR CRIMINAL ORGANIZATION – is run by criminals, most commonly for the
purpose of generating a monetary profit.

4. POLITICAL CRIME – is one involving overt acts or omissions which prejudices the interests of the state,
its government or political system.

5. PUBLIC ORDER CRIME (VICTIMLESS CRIME) – crime which involves acts that interfere with the
operations of society and the ability of people to function efficiently, it is a behavior that has been
labeled because it is contrary to shared norms, social values and customs.

6. STATE CRIME - is an actiivity or faiures to act that eventually break the state’s own criminal law or
public international law.

7. STATE-CORPORATE CRIME – referes t cirmes that result from the relationship between the policies of
the state and the policies and practices of commercial corporations.

8. WHITE-COLLAR CRIME – or “incoporated governance” has been defined by EDWIN SUTHERLAND as

acrime committed by a person of repectability and high social status in the course of his occupation.

CRIME – an act committed or ommitted in violation of public law forbidding or commanding it.

FELONY – is a crime that is in violation of the Revised Penal Code

OFFENSE – is a crime that is in violation of the Special Penal Laws

MISDEMEANOR – is a crime that is in violation of the municipal or city ordinances

CRIME – is an act or ommission against the penal law of a state

SIN – is an act or ommission against the spiritual or divine law

IMMORALITY – crime is committed against the law of state while immorailty is committed against the
unwritten social norms in locality.

CRIME IS PERVASIVE – almost all member of a free society are once upon a time a victim or an offender
of a criminal act. Crime as an associate society affects almost all people – regardless of age, sex, race,
nationality, religion, financial condition, education and other personal circumstances.

CRIME IS EXPENSIVE – the government and private sector spend an enormous amount of money for
crime detection, prosecution, correction and prevention.
CRIME IS DESTRUCTIVE – many lives have been lost because of cries like murder, himicide, and other
violent deaths. Property has been lost or destroyed on account of robbery, theft and arson.

CRIME IS REFLECTIVE – crime rate or incidence in a given locality is reflective of the over increasing
population. The ever increasing rate and their technique show the progressive thinking of the society for
advancement.

CRIMINAL

In legal sense – is any peson who has been found to have committed a wrongful act in the course of a
standard jduicial process. There must be a verdict of his guilt for him/her to be considered as criminal.

In the criminology sense – a person is already considered as criminal the moment he/she committed any
anti-social act.

CRIMINAL – is a person who has violated the penal law and has been found guilty of the crime charged
upon observing the standard judicial procedure.

DELINQUENT – referes to a person who emrely committed an act not in conformity with norms of
society.

GENERAL CLASSIFICATION OF CRIMINAL

1. ON THE BASIS OF ETIOLOGY

ACUTE CRIMINAL – refers to a person who violates criminal law because of the impulse of the moment.
(ex anger o jealousy)

CHRONIC CRIMINAL – a criminal person who acted in consonance with deliberate thinking.

2. ON THE BASIS OF BEHAVIORAL SYSTEM

ORDINARY CRIMINAL – perform the lowest form of criminal career. The criminal engages only to
conventinal crimes that require limited skill. This criminal lacks orhanization to avoid arrest and
convictions.

ORGANIZED CRIMINAL – has a high degree of organization to enable him/her to commit crime without
being detected and committed to specialized activities which can be operated in large sclae businesses.
(ex: prostitution or distribution of illegal drugs)

PROFESSIONAL CRIMINAL – is a highly skilled person who is able to obtain considerable amount of
money without being detected because of organization and contact with other professional criminals.
This offender is always able to escape conviction

3. ON THE BASIS OF ACTIVITIES

PROFESSIONAL CRIMINAL – referes to a person who earns his/her living through criminal activites.
ACCIDENTAL CRIMINAL – commit criminal act as a result of unanticipated cricumstances.
HABITUAL CRIMINAL – referes to a person who continously commites crimal acts for such diverse reason
due to deficience of intelligence and lack of self control.
SITUATIONAL CRIMINAL – refers to a person who is actually not criminals but constantly in trouble with
legal authorities because he/she commits robbery, larceny, and embezlement which are intermixed with
legitimate economic activites.

4. BASED ON MENTAL ATTITUDE

ACTIVE AGRESSIVE CRIMINAL – is a criminal who commit crimes in an impulsive manner usually due to
the aggressive behavior of the offender. Such attitude is clearly shown in crimes of passion, revenge and
resentments.

PASSIVE INADEQUATE CRIMINAL – referes to a person who commits becuase he/she is pushed to it or is
induced by reward or promise without considering its consequence.

SOCIALIZE DELINQUENT – referes to a person who is normal in his/her behavior but merely defective in
his/her socialization processes

CRIMINAL ETIOLOGY – is a division or criminology whicha ttempts to provide scientific analysis of the
causes of crimes.

APPROACHES ON THE STUDY OF CRIMINAL BEHAVIOR