INTRODUCTION TO CRIMINOLOGY Nature of Criminology
1. An Applied Science – Anthropology, psychology,
CRIMINOLOGY defined
Criminology is a body of knowledge regarding delinquency
and crime as a social phenomenon (Tradio, 1999). It may
also refer to the study of crimes and criminals and the
attempt of analyzing scientifically their causes and control
and the treatment of criminals.
Criminology is a multidisciplinary study of crimes (Bartol,
1995).
Sub-Fields of Criminology
Sociological Criminology – the study of crime focused on the
group of people and society as a whole. It is primarily based
on the examination of the relationship of demographic and
group variables to crime. Variables such as socioeconomic
status, interpersonal relationships, age, race, gender, and
cultural groups of people are probed in relation to the
environmental factors that are most conducive to criminal
action, such as time, place, and circumstances surrounding
the crime.
Psychological Criminology – the science of behavior and
mental processes of the criminal. It is focused on the
individual criminal behavior-how it is acquired, evoked,
maintained, and modified. Both the environmental and
personality influences are considered, along with the mental
processes that mediate the behavior.
Psychiatric Criminology – the science that deals with the
study of crime through forensic psychiatry, the study of
criminal behavior in terms of motives and drives that strongly
relies on the individual. (Psychoanalytic Theory - Sigmund
Freud – traditional view). It also explains that criminals are
acting out of uncontrollable animalistic, unconscious, or
biological urges (modern view).
Scope of the Study of Criminology
1. Criminal Behavior or Criminal Etiology - the scientific
analysis of the causes of crime;
2. Sociology of Law - the study of law and its application;
3. Penology or Correction - the study that deals with
punishment and the treatment of criminals;
4. Criminalistics or Forensic Science - one more area of
concern in crime detection and investigation.
sociology and other natural sciences may be
applied in the study of the causes of crime while
chemistry, medicine, physics, mathematics, etc.
maybe utilized in crime detection.
2. A Social Science – Inasmuch as crime is a societal
creation and that it exists in a society, its study
must be considered a part of social science.
3. Dynamic – Criminology changes as social condition
changes. That means the progress of criminology
is concordant with the advancement of other
sciences that have been applied to it.
4. Nationalistic – The study of crime must always be in
relation with the existing criminal law with in the
territory.
OBJECT OF INTEREST IN CRIMINOLOGY
CRIME
1. An act or omission in violation of a criminal law in its
legal point of view.
2. An anti-social act; an act that is injurious, detrimental
or harmful to the norms of society; they are the
unacceptable acts in its social definition.
3. Psychologically, crime is an act, which is considered
undesirable due to behavioral maladjustment of the
offender; acts that are caused by maladaptive or
abnormal behaviors.
CRIME is also a generic name that refers to offense, felony
and delinquency or misdemeanor.
1. Offense – is an act or omission that is punishable by
special laws ( a special law is a statute enacted by
Congress, penal in character, which is not an amendment to
the Revised Penal Code) such as Republic Acts,
Presidential Decrees, Executive Orders, Memorandum
Circulars, Ordinances and Rules and Regulations ( Reyes,
1960)
2. Felony – is an act or mission that is punishable by the
Revised Penal Code, the criminal law in the Philippines
(Reyes, 1960).
3. Delinquency/Misdemeanor – acts that are in violation of
simple rules and regulations usually referring to acts
committed by minor offenders.

Criminological Classification of Crime
a. Acquisitive and Extinctive Crimes - Acquisitive
Crime is one which when committed, the offender
acquires something as a consequence of his criminal
act. The crime is extinctive when the result of criminal
act is destruction.
b. Seasonal and Situational Crimes - Seasonal crimes
are those that are committed only at certain period of
the year while situational crimes are those that are
committed only when given a situation conducive to its
commission.
c. Episodic and Instant Crimes - Episodic crimes are
serial crimes; they are committed by series of act
within a lengthy space of time. Instant crimes are
those that are committed the shortest possible time.
d. Static and Continuing Crimes - Static crimes are
crimes that are committed only in one place.
Continuing crime are crimes that are committed in
several places.
e. Rational and Irrational Crimes - Rational crimes are
those committed with intent; offender is in full
possession of his mental faculties /capabilities while
Irrational crimes are committed without intent; offender
does not know the nature of his act.
f. White Collar and Blue Collar Crimes - White Collar
Crimes are those committed by a person
responsibility and of upper socio-economic class in the
course of their occupational activities. Blue Collar
Crimes are those committed by ordinary professionals
to maintain their livelihood.
g. Upper World and Underworld Crimes - Upper World
Crimes are those committed by individuals belonging
to the upper class of society. Under World Crime are
committed by members of the lower or under privilege
class of society.
h. Crimes by Imitation and Crimes by Passion - Crimes
by Imitation are crimes committed by merely duplication
of what was done by others. Crimes by Passion are
crimes committed because of the fit of great emotions.
i. Service Crimes - Service Crime refers to crimes
committed through rendition of a service to satisfy
desire of another.
Legal Classification of Crimes
1. Crimes against National Security and the Law of
Nations -
Example – Treason, Espionage, Piracy
2. Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention, Violation of Domicile
3. Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
4. Crimes against Public Interest.
Example – Forgery, Falsification, Fraud
5. Crimes against Public Morals
Example – Gambling and betting, offences against decency
and good customs like scandals, obscenity, vagrancy, and
prostitution
6. Crimes Committed by Public Officers
Example – Malfeasance and Misfeasance
7. Crimes against Person
Example – Murder, Rape, Physical Injuries
8. Crimes against Properties
Example – Robbery, Theft
9. Crimes against Personal Liberty and Security
Example – Illegal Detention, Kidnapping, Trespass to
Dwelling, Threat and Coercion
10. Crimes against Chastity
Example – Concubinage, Adultery, Seduction, Abduction,
Acts of Lasciviousness
11. Crimes against Civil Status of Persons
Example – Bigamy and Other Illegal Marriages
of 12. Crimes against Honor
Example – Libel, Oral Defamation
13. Quasi-offenses or Criminal Negligence
Example – Imprudence and Negligence
THE CRIMINAL
a. A person who committed a crime and has been
convicted by a court of the violation of a criminal law.
(legal definition)
b. A person who violated a social norm or one who did an
anti-social act. (social definition)
c. A person who violated rules of conduct due to
behavioral maladjustment. (psychological definition)
Based on Legal Classification
Habitual Delinquent is a person who, with in a period of ten
years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery,
estafa, or falsification, is found guilty of any of the said
crimes or a third time oftener.
Recidivist is one who, at the time of his trial for one crime,
shall have been previously convicted by final judgment of
another crime embraced in the same title of the Revised
Penal Code.
CRIMINAL BEHAVIOR - may also refer to the study of the
human conduct focused on the mental processes of the
criminal: the way he behaves or acts including his activities
and the causes and influences if his criminal behavior.
VICTIMS OF CRIME
Victimology is simply the study of victims of crimes and
contributory role, if any, in crime causation. It is also the
scientific process of gaining substantial amounts
knowledge on offender characteristics by studying the nature
of victims. (Schmalleger, 1997).
PENOLOGY (CORRECTION)
This is another object of interest of criminology that deals
with punishment of criminal offenders. Punishment is
justified by deterrence, retribution, atonement, societal
protection, and reformation of criminals.
THEORIES OF CRIME AND THE PIONEERS
The Classical School of Criminology
This is the school of thought advocated by Cesare Beccaria
whose real name is Cesare Bonesara Marchese de Beccaria
together with Jeremy Bentham (1823) who proposed
“Utilitarian Hedonism”.
Cesare Beccaria in his “ESSAY on Crimes
Punishment” presented his key ideas on the abolition of
torture as a legitimate means of extracting confessions. The
Classical theory maintains that man is essentially a moral
creature with absolute free will to choose between good and
evil therefore tress is placed upon the criminal himself; that
every man is responsible for his act.
Freewill (Beccaria) – a philosophy advocating punishment
severe enough for people to choose, to avoid criminal acts. It
includes the belief that a certain criminal act warrants a
certain punishment without any punishment without any
variation. Hedonism (Bentham) – the belief that people
choose pleasure and avoid pain.
The Neo-Classical School of Criminology
The neo-classical school of criminology argued that
situations or circumstances that made it impossible to
exercise freewill are reasons to exempt the accused from
conviction. This school of thought maintains that while the
classical doctrine is correct in general, it should be modified
in certain details, that children and lunatics should not be
regarded as criminals and free from punishment, it must take
into account certain mitigating circumstances.
The Positivist/Italian School (1838 – 1909)
It maintained that crime as any other act is a natural
phenomenon and is comparable to disaster or calamity. That
crime as a social and moral phenomenon which cannot be
treated and checked by the imposition of punishment but
of rather rehabilitation or the enforcement of individual
measures. Cesare Lombroso and his two students, Enrico
Ferri and Rafaele Garofalo advocated this school.
Cesare Lombroso (1836 – 1909) – The Italian leader of the
positivist school of criminology, was criticized for his
methodology and his attention to the biological
characteristics of offenders, but his emphasis on the need to
study offenders scientifically earned him the “father of
modern criminology.”
Classifications of Criminals by Lombroso
1. Born Criminals – there are born criminals according
to Lombroso, the belief that being criminal behavior is
inherited.
2. Criminal by Passion – are individuals who are easily
influenced by great emotions like fit of anger.
3. Insane Criminals – are those who commit crime due
to abnormalities or psychological disorders. They
and should be exempted from criminal liability.
4. Criminoloid – a person who commits crime due to
less physical stamina/self self control.
5. Occasional Criminal – are those who commit crime
due to insignificant reasons that pushed them to do at
a given occasion.
6. Pseudo-criminals – are those who kill in self-
defense.
Enrico Ferri (1856 – 1929) – He was the best-known
Lombroso’s associate. His greatest contribution was his
attack on the classical doctrine of free will, which argued that
criminals should be held morally responsible for their crimes
because they must have made a rational decision to commit
the crime.
Raffaele Garofalo ( 1852 – 1934) – Another follower of
Lombroso, an Italian nobleman, magistrate, senator, and
professor of law. Like Lombroso and Ferri, he rejected the
doctrine of free will and supported the position that the only
way to understand crime was to study it by scientific
methods. Influenced on Lombroso’s theory of atavistic
stigmata (man’s inferior/ animalistic behavior), he traced the
roots of criminal behavior not to physical features but to their
psychological equivalents, which he called “moral
anomalies”.
EARLY TWENTIETH CENTURY THEORIES
1. David Emile Durkheim (French, 1858 - 1917) - He
advocated the “Anomie Theory”, the theory that
focused on the sociological point of the positivist
school, which explains that the absence of norms in a
society provides a setting conductive to crimes and
other anti-social acts. According to him, the explanation
of human conduct lies not in the individual but in the
group and the social organization.
2. Sigmund Freud (1856 - 1969) - Psychologists have
considered a variety of possibilities to account for
individual differences – defective conscience, emotional
immaturity, inadequate childhood socialization,
maternal deprivation, and poor moral development.
The Freudian view on criminal behavior was based on
the use of Psychology in explaining an approach in
understanding criminal behavior – the foundation of the
Psychoanalytical theory.
3. Robert Ezra Park (1864 - 1944) - Park is a strong
advocate of the scientific method in explaining
criminality but he is a sociologist. He advocated the
“Human Ecology Theory”. Human Ecology is the
study of the interrelationship of people and their
environment. This theory maintains that crime is a
function of social change that occurs along with
environmental change. It also maintains that the
isolation, segregation, competition, conflict, social
contract, interaction and social hierarchy of people are
the major influences of criminal behavior and crimes.
MIDDLE TWENTIETH CENTURY
1. Ernest Kretschmer (1888 – 1964) - The idea of
somatotyping was originated from the work of a
German Psychiatrist, Ernest Kretschmer, who
distinguished three principal types of physique as:
a. Asthenic – lean, slightly built, narrow shoulders
b. Athletic – medium to tall, strong, muscular, course
bones
c. Pyknic – medium height, rounded figure, massive
neck, broad face
Kretschmer related these body physique to various
pychotic behavioral patterns: Pyknic to manic depression,
asthenics and athletics to schizophrenia.
2. William H. Sheldon (1898 – 1977) - Sheldon is an
influenced of the Somatotype School of Criminology,
which related body built to behavior. He became
popular of his own Somatotyping Theory. His key
ideas are concentrated on the principle of “Survival of
the Fittest” as a behavioral science. He combines the
biological and psychological explanation to understand
deviant behavior. Sheldon’s “Somatotyping Theory”
maintains the belief of inheritance as the primary
determinants of behavior and the physique is a reliable
indicator of personality.
Classification of Body Physique by Sheldon
a. Endomorphy – a type with relatively predominance of
soft, roundness through out the regions of the body.
They have low specific gravity. Persons with typically
relaxed and comfortable disposition.
b. Mesomorphy – athletic type, predominance of muscle,
bone and connective tissue, normally heavy, hard and
firm, sting and tough. They are the people who are
routinely active and aggressive, and they are the most
likely to commit crimes.
c. Ectomorphy – thin physique, flat chest, delicacy
through the body, slender, poorly muscled. They tend to
look more fatigue and withdrawn.
3. Edwin Sutherland (1883 - 1950) - Sutherland has
been referred to as “the most important criminologist of
 the twentieth century” because his explanation about
crime and criminal behavior can be seen as a corrected
extension of social perspective. For this reason, he was
considered as the “Dean of Modern Criminology.” He
said that crime is learned and not inherited.
He advocated the DAT – Differential Association Theory,
which maintain that the society is composed of different
group organization, the societies consist of a group of people
having criminalistic tradition and anti-criminalistic tradition.
And that criminal behavior is learned and not inherited. It is
learned through the process of communication, and learning
process includes technique of committing the crime, motive
and attitude.
4. Walter Reckless (1899 - 1988) - The Containment
Theory assumes that for every individual there exists a
containing external structure and a protective internal
structure, both of which provide defense, protection or
insulation against crime or delinquency. According to
Reckless, the outer structure of an individual are the
external pressures such as poverty, unemployment and
blocked opportunities while the inner containment refers
to the person’s self control ensured by strong ego, good
self image, well developed conscience, high frustration
tolerance and high sense of responsibility. (Adler, 1995)
5. Karl Marx, Frederick Engel, Willem Bonger (1818
-1940) -They are the proponents of the Social Class
Conflict and Capitalism Theory. Marx and Engel
claim that the ruling class in a capitalist society is
responsible for the creation of criminal law and their
ideological bases in the interpretation and enforcement
of the laws. All are reflected in the ruling class, thus
crime and delinquency are reflected on the demoralized
surplus of population, which is made up of the
underprivileged usually the unemployed and
underemployed. Willem Bonger, a Marxist-Socialist, on
the other hand, placed more emphasis on working bout
crimes of economic gain. He believes that profit -motive
of capitalism generates an egoistic personality. Hence,
crime is an inevitable outcome.
TH
LATE 20 CENTURY: THE CONTEMPORARY PIONEERS
1. Robert King Merton (1910) - Robert Merton is the
premier sociologist of the modern days who, after
Durkheim, also related the crime problem to anomie.
He advocated the Strain Theory, which maintains that
the failure of man to achieve a higher status of life
caused them to commit crimes in order for that
status/goal to be attained. He argued that crime is a
means to achieve goals and the social structure is the
root of the crime problem. Merton’s explanation to
criminal behavior assumes that people are law abiding
but when under great pressure will result to crime.
2. Albert Cohen (1918) - He advocated the Sub-Culture
Theory of Delinquency. Cohen claims that the lower
class cannot socialize effectively as the middle class in
what is considered appropriate middle class behavior.
Thus, the lower class gathered together share their
common problems, forming a subculture that rejects
middle class values. Cohen called this process as
reaction formation. Much of this behavior comes to be
called delinquent behavior; the subculture is called a
gang and the kids are called delinquents. He put
emphasis on the explanation of prevalence, origins,
process and purposes as factors to crime.
3. Gresham Sykes (1922) - He advocated the
Neutralization Theory. It maintains that an individual
will obey or disobey societal rules depending upon his
or her ability to rationalize whether he is protected from
hurt or destruction. People become law abiding if they
feel they are benefited by it and they violate it if these
laws are not favorable to them.
4. Lloyd Ohlin (1928) - He advocated the DOT –
Differential Opportunity Theory. This theory
explained that society leads the lower class to want
things and society does things to people. He claimed
that there is differential opportunity, or access, to
success goals by both legitimate and illegitimate means
depending on the specific location of the individual with
in the social structure. Thus, lower class groups are
provided with greater opportunities for the acquisition of
deviant acts.
5. Frank Tennenbaum, Edwin Lemert, Howard Becker
(1822 - 1982) - They are the advocates of the Labeling
Theory – the theory that explains about social reaction
to behavior. The theory maintains that the original
cause of crime cannot be known, no behavior is
 intrinsically criminal, behavior becomes criminal if it is his research, that crimes against persons increased
labeled as such. during summer and crimes against property tends to
increase during winter.
6. Earl Richard Quinney (1934) – He was a Marxist
criminologist who advocated the Instrumentalist HISTORICAL TIMELINE OF THE THEORIES
Theory of capitalist rule. He argued that the state exist The history of criminology dates back from the works of
as a device for controlling the exploited class – the criminological thinkers or theorists in criminology. The origins
class that labors for the benefit of the ruling class. He of criminology are usually located in the late-eighteenth-
claims that upper classes create laws that protect their century writings of those who sought to reform criminal
interest and t the same time the unwanted behavior of justice and penal systems that they perceived as cruel,
all other members of society. Quinney major inhumane, and arbitrary. These old systems applied the law
contribution is that he proposed the shift in focus from unequally, were subject to great corruption, and often used
looking for the causes of crime from the individual to the torture and the death penalty indiscriminately.
examination of the Criminal Justice System for clues.

OTHER THEORISTS
1. Charles Darwin’s Theory (1809 - 1882) - In the theory
of evolution, he claimed that humans, like other
animals, are parasite. Man is an organism having an
animalistic behavior that is dependent on other animals
for survival. Thus, man kills and steal to live.

2. Charles Goring’s Theory (1870 - 1919) - The medical

officer in prison in England who accepted the
Lombroso’s challenge that body physique is a
determinant to behavior. Goring concluded that there is
no such thing a physical chemical type. He contradicted
the Lombroso’s idea that criminality can be seen
through features alone. Nevertheless, Goring accepted
that criminals are physically inferior to normal
individuals in the sense that criminals tend to be shorter
and have less weight than non-criminals.

3. Earnest Hooton’s Theory (1887 - 1954) - An

Anthropologist who reexamined the work of Goring and
found out that “Tall thin men tend to commit forgery and
fraud, undersized men are thieves and burglars, short
heavy person commit assault, rape and other sex
crimes; whereas mediocre (average) physique flounder
around among other crimes.” He also contended that
criminals are originally inferior; and that crime is the
result of the impact of environment.

4. Adolphe Quetelet (1796 - 1874) - Quetelet was a

Belgian Statistician who pioneered Cartography and the
Carthographical School of Criminology that placed
emphasis on social statistics. He discovered, basing on

CRIMES OF THE MODERN WORLD
The crimes in the modern world represent the latest and the
most dangerous manifestations of the something-for-
nothing-complex problems of society. This includes
Organized Crimes, White-Collar Crimes, Conventional Cries,
Victimless Crimes and the so-called Transnational Crimes.
The transnational character of many crimes in this modern
world, although not new, has not been fully recognized until
recently. Crime was traditionally viewed as a purely domestic
law enforcement issue and, therefore, treated and
addressed as an exclusive concern of individual states. As
such crimes, being a new threat to domestic and
international interest and security, has given recognition to
be known as Transnational Crimes.
Transnational crime is an offense that has an international
dimension and implies crossing at least one national border
before, during or after the fact. This include but not limited to
illegal drug trafficking, money laundering, terrorism, arm
smuggling, piracy, kidnapping, trafficking in persons, and
cyber crimes. Most of these crimes falling under this
category reflect connection with organized and white-collar
criminals.
ORGANIZED CRIMES
An organized Crime is a criminal activity by an enduring
structure or organization developed and devoted primarily to
the pursuit of profits through illegal means. It is sometimes
referred to as the “MOB”, “MAFIA”, “SYNDICATE” or the
“COSA NOSTRA”, which are known as “the enemy with in”,
“the 2nd government“, “the 5th estate” or the “crime
confederation.”
The term Cosa Nostra (literally means “one thing”) or mafia
is use to signify organized crimes, and one of the varieties
names for either mob or syndicate. A strict code of conduct
governs their behavior called the “Omerta” – the mafia’s
code of secrecy, and informal, unwritten code of organized
crime, which demand silence and loyalty, among other thing,
of family members. (Abandinsky, 1991). Whatever be the
name, the organization is known to be formal, with division of
labor, with coordination of activities through rules and codes
and with allocation of task in order to achieve illegitimate
goals. The organization seeks profit from crimes and tries to
prevent itself from threats, prosecution, and even
punishment from legal authorities.
Criminal organizations keep illegal actions secret, and
members communicate by word of mouth, therefore police
will never be able to trace phone calls or letters. Many
organized crime operations have legal fronts, such as
licensed gambling, building construction, and trash hauling,
or which operate in parallel with and provide cover for drug
trafficking, money laundering, prostitution, extortion, murder
for hire, hijacking, fraud, and insider trading. Other criminal
operations engage in human trafficking, political corruption,
black marketeering, political violence, racist and religiously
motivated violence, terrorism, abduction, prison break and
crimes against humanity.
In order for a criminal organization to prosper, some degree
of support is required from the society in which it lives. Thus,
it is often necessary to corrupt some of its respected
members, most commonly achieved through bribery,
blackmail, and the establishment of symbiotic relationships
with legitimate businesses. Judicial and police officers and
legislators are especially targeted for control by organized
crime via bribes.
Globalization occurs in crime as much as it does in business.
Criminal organizations easily cross boundaries between
countries. This is especially true of organized groups that
engage in human trafficking. The newest growth sectors for
organized crime are identity theft and online extortion. These
activities are troubling because they discourage consumers
from using the Internet for e-commerce. E-commerce was
supposed to level the playing ground between small and
large businesses, but the growth of online organized crime is
leading to the opposite effect; large businesses are able to
afford more bandwidth (to resist denial-of-service attacks)
and superior security. Furthermore, organized crime using
the Internet is much harder to trace down for the police
(even though they increasingly deploy cybercops) since
police forces and law enforcement agencies in general
operate on a national level while the Internet makes it even
more simple for criminal organizations to cross boundaries
and even to operate completely remotely.
Organized Crime Families
Perhaps the best-known criminal organizations are the
Sicilian and American Cosa Nostra, most commonly
known as the Mafia. The Neopolitan Camorra, the
Calabrian 'Ndrangheta, and the Apulian Sacra Corona
Unita are similar Italian organized crime groups.
Other notable groups include the Colombian drug cartels,
the Mexican drug cartels, The Irish Mob, the Japanese
Yakuza, the Chinese Triads, the Russian Mafia, the Mexican
Mafia, the Indian Mafia, the Bulgarian Mafia, the Chechen
mafia, the Brazilian Comando Vermelho (CV) and Primeiro
Comando da Capital (PCC), and the Central American Mara
Salvatrucha (MS-13). Prisoners may also be involved in
criminal organizations. Many terrorist groups, such as
Hezbollah, Al Qaeda, the Provisional IRA and the Ulster
Defence Association also engage in criminal activity such as
trafficking and money laundering as well as terrorism.
World leaders throughout history who have been accused of
running their country like a criminal organization include
Adolf Hitler, Joseph Stalin, Mao Zedong, Augusto Pinochet,
Idi Amin, Mobutu Sese Seko, Nicolae Ceauşescu, Francisco
Franco, Hugo Banzer, Chiang Kai-shek, Slobodan Milošević,
Vladimir Putin, Silvio Berlusconi, Alberto Fujimori (in league
with his advisor Vladimiro Montesinos), Senior General Than
Shwe of Burma and various other dictators and military
juntas. Corrupt political leaders may have links to existing
organized crime groups, either domestic or international, or
else may simply exercise power in a manner that duplicates
the functioning and purpose of organized crime.
In the past criminal organizations have naturally limited
themselves by their need to expand. This has put them in
competition with each other. This competition, often leading
to violence, uses valuable resources such as manpower
(either killed or sent to prison), equipment and finances. The
Irish Mob boss of the Winter Hill Gang (in the 1980s) turned
informant for the FBI. He used this position to eliminate
competition and consolidate power within the city of Boston
which led to the imprisonment of several senior organized
crime figures including Gennaro "Jerry" Anguilo underboss
of the Patriarca crime family. Infighting sometimes occurs
within an organization, such as the Castellamarese war of
1930-31 and the Irish Mob Wars of the 1960s and 70s.
Today criminal organizations are increasingly working
together, realizing that it is better to work in cooperation
rather than in competition with each other. This has led to
the rise of global criminal organizations such as Mara
Salvatrucha. The Sicilian Mafia in the U.S. have had links
with organized crime groups in Italy such as the Camorra,
the 'Ndrangheta and the Sacra Corona Unita. The Sicilian
Mafia has also been known to work with the Irish Mob (John
Gotti of the Gambino family and James Coonan of the
Westies are known to have worked together, with the
westies operating as a contract hit squad for the Gambino
family after they helped Coonan come to power) , the
Japanese Yakuza and the Russian Mafia.
How the Organized Crime Group Works?
For the organization to work there must be:
1. An Enforcer – one who make arrangements for killing
and injuring (physically, economically, psychologically)
the members or non-members.
2. A Corrupter – one who bribes, buys, intimidates,
threatens, negotiates, and “sweet talks” into a
relationship with the police, public officials or any else
who might help the members security and maintain
immunity from arrest, prosecution and punishment.
3. A Corruptee – a public official, usually not a member of
the organization family, who can wield influence on
behalf of the organization’s interest.
Sources of Illegal Profit
The organization gains from goods and services that are of
great demand by the society but are prohibited by law. It
includes but not limited to most victimless crimes such as
illegal drugs, alcohol, gambling, pornography, and including
bank fraud, extortion or racketeering and others.
Characteristics of Organized Crimes
1. It is a conspiracy activity involving coordination of
members.
2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence 2. Careful planning, and reliance upon technical skills and
and corruption. methods.
5. Effective control over members, associates, and 3. Offenders are of migratory life style.
victims. 4. The groups have shared sense of belongingness, rules,
6. Organized crimes does not include terrorist dedicated codes of behavior, and mutual specialized language.
to political change.

Generic Types of Organized Crimes Criminological Types of Organized Crimes

1. Political Graft – manned by political criminals (Political 1. Traditional Crime Syndicates.
Graft), who use of force and violence of a means to 2. Non-traditional Crime Syndicates
obtain profit or gain, and or achieving political aims or 3. Semi- Organized Crime
ambitions. An example of this is vote buying, and the 4. Politically Controlled Organized Crime
employment of private armies to control a certain
political area. Controlling Organized Crimes
Organized crimes can be controlled through: Law
2. The Mercenary/Predatory Organized Crime – crimes Enforcement Effort, Organization of Anti-Organized Crime
committed by groups for direct personal profit but prey measures, Community Awareness and Cooperation
upon unwilling victims. Example: extortionist/racketeer
Philippine Center for Transnational Crime
3. In – Group Oriented Organized Crime – groups In response to organized criminal activities, the Philippine
manned by semi organized individual whose major government has instituted programs and projects to address
goals are for psychological gratification such as these threats to national and international interest and
adolescent gangs. Example: Motorcycle Gangs security. It has created the Philippine Center on
Transnational Crime (PCTC) (E.O. No.62 s1999) to establish
a shared central database among concerned agencies for
4. Syndicated Crime – the organization that participates
information on criminals, methodologies, arrests, and
in illicit activity in society by the use of force, threat, or
convictions on transnational crime in all its forms. Apart from
intimidation. The group with a formal structure – whose
this, the Center is mandated to discharge the following:
purpose is to provide elicit services, which are in strong
public demand through the use of secrecy on the part of
1. Supervise and control conduct of anti-transnational
the associates. There is assurance of protection
crime operations of all government agencies and
necessary for its operations through political corruption
instrumentalities:
or avoidance of prosecution.
2. Establish a central database on national as well as
international legislations and jurisprudence on
Essential Composition of Organized Crime
transnational crime, with the end in view of
Organized crime needs professional criminals to
recommending measures to strengthen responses and
successfully operate in the organization. Professional crimes
provide immediate intervention for the prevention,
refer to occupations or their incumbents, which possesses
detection and apprehension of criminals operating in
various traits including useful knowledge that requires
the country;
lengthy training, service orientation and code of ethics that
3. Establish a center for strategic research on the
permits occupations to attempt to obtain autonomy and
structure and dynamics of transnational crime, predict
independence with high prestige and remuneration.
trends and analyze relationships of given factors for the
formulation of strategies to combat the same;
Characteristics of Professional Crimes (Sutherland)
4. Design programs and projects aimed at enhancing
1. Crime is a sole means of livelihood.
national capacity-building in combating transnational
 crime, as well as supporting the related programs and
projects of other ASEAN and international centers; and
5. Explore and coordinate information exchanges and
training with other government agencies, foreign
countries and international organizations involved in
containing and eliminating transnational crime.
Executive Order No. 100 s1999  
To further strengthen the operational, administrative and
information support system of the PCTC, E.O. No. 100
s1999 empowered the Center to exercise general
supervision and control over the following:
1. Loop Center of the National Action Committee on Anti-
Hijacking and Terrorism (NACAHT) whose primary
mission is to assist and support the NACAHT in
integrating and orchestrating the efforts of all law
enforcement agencies against international
domestic terrorism;
2. International Criminal Police Organization
INTERPOL NCB-Manila which has been reconstituted
to serve as the national liaison office and main
coordinating body for international police cooperation
against transnational crime;
3. Police Attachés of the Philippine National Police (PNP);
and
4. Political Attachés/ Counselors for Security Matters of
the Department of the Interior and Local Government
(DILG)
WHITE COLLAR CRIMES
Edwin Sutherland defined white-collar crime as criminal acts
committed by a person of respectability and high social
status in the course of his or her occupation.
Forms of White Collar Crimes
1. Corporate crimes - the violation of a criminal statute
either by a corporate entity or by its executives,
employees or agents, acting on behalf of and for the
benefit of the corporation, partnership or other business
entity.
2. Environmental crimes - violation of criminal law which,
although typically committed by businesses or by
business officials, may also be committed by other
persons or organizational entities, and which damage
some protected or otherwise significant aspect of the
natural environment.
3. Occupational crimes - any act punishable by law,
which is committed through opportunity created in the
course of an occupation that is legal.
 Organizational Occupational Crime - crimes
committed for the benefit of the entire organization in
such instances only the organization or the employer,
not individual employees.
State Authority Occupational Crime - crimes by
officials through the exercise of their state-based
authority. Such crime is occupation specific, and can
only be committed by person in public office or by
working for such persons.
 Professional Occupational Crime - crimes by
professionals in their capacity as professionals. The
crimes of physicians, attorneys, psychologists, and the
like are included here.
and  Individual Occupational Crime - crimes by individuals
as individuals which include income tax evasion, theft of
ICPO- goods and services by employees, the filing of false
expense report, and the like.
Occupational crimes also refer to:
 White-collar crime (Sutherland)
 Avocational crime - committed by one who does not
think for himself as criminal and whose major source
of income is something other than crime.
 Corporate crime - committed by corporate officials for
their corporations and the offenses of the corporation
and the offenses of the corporation itself.
 Economic crime - illegal activity that principally
involves deceit, misrepresentation, concealment,
manipulation, breach of trust and illegal circumvention.
 Organizational crime - illegal actions taken in
accordance with operative organizational goals that
seriously harm employees or the general public.
 Upper-world crime - law-breaking acts, committed by
those who, due to their positions in the structure, have
obtained specialized kinds of occupational slots
essential for the commission of these offenses.
Types and Schemes of White Collar Crimes
1. Bank Fraud: To engage in an act or pattern of activity
where the purpose is to defraud a bank of funds.
2. Blackmail: A demand for money or other consideration
under threat to do bodily harm, to injure property, to
accuse of a crime, or to expose secrets.
3. Bribery: When money, goods, services, information or
anything else of value is offered with intent to influence
the actions, opinions, or decisions of the taker. You
may be charged with bribery whether you offer the bribe
or accept it.
4. Cellular Phone Fraud: The unauthorized use,
tampering, or manipulation of a cellular phone or
service. This can be accomplished by either use of a
stolen phone, or where an actor signs up for service
under false identification or where the actor clones a
valid electronic serial number (ESN) by using an ESN
reader and reprograms another cellular phone with a
valid ESN number.
5. Computer fraud: Where computer hackers steal
information sources contained on computers such as:
bank information, credit cards, and proprietary
information.
6. Counterfeiting: Occurs when someone copies or
imitates an item without having been authorized to do
so and passes the copy off for the genuine or original
item. Counterfeiting is most often associated with
money however can also be associated with designer
clothing, handbags and watches.
7. Credit Card Fraud: The unauthorized use of a credit
card to obtain goods of value.
8. Currency Schemes: The practice of speculating on the
future value of currencies.
9. Embezz1ement: When a person who has been
entrusted with money or property appropriates it for his
or her own use and benefit.
10. Environmental Schemes: The over billing and
fraudulent practices exercised by corporations which
purport to clean up the environment.
11. Extortion: Occurs when one person illegally obtains
property from another by actual or threatened force,
fear, or violence, or under cover of official right.
12. Forgery: When a person passes a false or worthless
instrument such as a check or counterfeit security with
the intent to defraud or injure the recipient.
13. Health Care Fraud: Where an unlicensed health care
provider provides services under the guise of being
licensed and obtains monetary benefit for the service.
14. Insider Trading: When a person uses inside,
confidential, or advance information to trade in shares
of publicly held corporations.
15. Insurance Fraud: To engage in an act or pattern of
activity wherein one obtains proceeds from an
insurance company through deception.
16. Investment Schemes: Where an unsuspecting victim
is contacted by the actor who promises to provide a
large return on a small investment.
17. Kickback: Occurs when a person who sells an item
pays back a portion of the purchase price to the buyer.
18. Larceny/Theft: When a person wrongfully takes
another person's money or property with the intent to
appropriate, convert or steal it.
19. Money Laundering: The investment or transfer of
money from racketeering, drug transactions or other
embezzlement schemes so that it appears that its
original source either cannot be traced or is legitimate.
20. Racketeering: The operation of an illegal business for
personal profit.
21. Securities Fraud: The act of artificially inflating the
price of stocks by brokers so that buyers can purchase
a stock on the rise.
22. Tax Evasion: When a person commits fraud in filing or
paying taxes.
23. Telemarketing Fraud: Actors operate out of boiler
rooms and place telephone calls to residences and
corporations where the actor requests a donation to an
alleged charitable organization or where the actor
requests money up front or a credit card number up
front, and does not use the donation for the stated
purpose.
24. Welfare Fraud: To engage in an act or acts where the
purpose is to obtain benefits (i.e. Public Assistance,
Food Stamps, or Medicaid) from the State or Federal
Government.
25. Weights and Measures: The act of placing an item for
sale at one price yet charges a higher price at the time
of sale or short weighing an item when the label reflects
a higher weight.
26. Advanced Fee Schemes: Actor induces victim to give
him some type of advanced fee in return for a future
benefit. The future benefit never occurs and victim
never receives the advanced fee back.
27. Airport Scam: Actor approaches victim in an airport
stating that the newspaper stand cannot change his
one hundred dollar bill and asks the victim for change.
 Victim provides actor with the change, actor returns to
the store to get the one hundred dollar bill back,
however, never returns to victim.
28. Auto Repair: Actor hangs out around an auto repair
shop and approaches victims who leave after getting
estimates. Actor claims to do work off duty at a very low
cost. Once actor has the car, inferior work is completed
and victim cannot get the return of the car until the very
high bill is paid.
29. Check Kiting: A bank account is opened with good
funds and a rapport is developed with the bank. Actor
then deposits a series of bad checks but prior to their
discovery, withdraws funds from the bank.
30. Coupon Redemption: Grocery stores amass large
amounts of coupons and redeem them to
manufacturers when in fact merchandise was never
sold.
31. Directory Advertising: Actor either impersonates sales
person from a directory company like the yellow pages
or fraudulently sells advertising which the victim never
receives.
32. Fortune Telling: Actor advises victim that victim is
cursed. Actor advises victim that the curse must be
removed. Actor advises that she must meditate to the
spirits and will require payment. Over a period of time,
victim pays fortune teller thousands of dollars to remove
curse.
33. Gypsies: Actor states that victims’ money is cursed. In
order to remove the curse, the money must be placed
into a bag or box that the actor provides. The bag or
box is switched. Actor advises victim to perform certain
rituals over the money and the curse will be removed.
The bag or box cannot be opened for a period of time
when it is opened, the money is gone.
34. Home Improvement: Actor approaches a home owner
with a very low estimate for a repair or improvement.
Inferior or incomplete work is performed. Once the
repairs are completed, actor intimidates the victim to
pay a price much greater than the original estimate.
35. Inferior Equipment: Actors travel around selling
inferior equipment such as tools at high prices.
36. Jamaican Switch: Actor #1 approaches a victim
looking for the address of a prostitute. Actor #1 shows a
large sum of money to the victim. Actor #2 arrives and
tells Actor #1 where he can find the prostitute but
cautions on taking all the money as the prostitute might
rob him. Actor #1 asks the victim to hold the money for
him. Actor #1 puts his money into a handkerchief with
the victim’s money. Actor #1 shows the victim how to
hide the money under his arm, inside his shirt while
switching handkerchiefs. Victim takes the handkerchief
and the parties split up, however, Actor #1 leaves with
victim’s money.
37. Land Fraud: Actor induces victim to purchase tracks of
land in some type of retirement development which
does not exist.
38. Odometer Fraud: Unscrupulous used car salesman
purchased used cars and turns back the odometers.
The used car is sold at a higher price due to its low
mileage.
39. Pigeon Drop: Actor #1 befriends the victim. Actor #2
shows both Actor #1 and victim a "found" package
containing a large amount of cash. Actor #1 insists that
the found money be divided equally but only after each
person puts up his own money to demonstrate good
faith. All the money is put in one package and the
package is later switched.
40. Police Impersonation: Actor tells victim that his bank
is being operated by fraudulent bank officers. Actor
instructs victim to take money out of bank and place it
into a good bank. After the money is withdrawn, the
actor allegedly takes the money to the police station for
safe keeping. The victim never sees the money again.
41. Ponzi: An investment scheme where the actor solicits
investors in a business venture, promising extremely
high financial returns or dividends in a very short period
of time. The actor never invests the money, however,
does pay dividends. The dividends consist of the
newest investors funds. The first investors, pleased to
receive dividends, encourage new investors to invest.
This scheme falls apart when the actor no longer has
sufficient new investors to distribute dividends to the old
investors or the actor simply takes all the funds and
leaves the area.
42. Pyramid: An investment fraud in which an individual is
offered a distributorship or franchise to market a
particular product. The promoter of the pyramid
represents that although marketing of the product will
result in profits, larger profits will be earned by the sale
of franchises. For example, if a franchise price is P10,
000.00, the seller receives P3, 500.00 for every
franchise sold. Each new franchise purchaser is
presented with the same proposal so that each
franchise owner is attempting to sell franchises. Once
 the supply of potential investors is exhausted, the
pyramid collapses. Many times, there are no products
involved in the franchise, simply just the exchange of
money.
43. Quick Change: Victim is confused by actor’s speedy
series of money exchanges and in the end, is short
changed.
44. Shell Game: Actor #1 manipulates a pea beneath three
walnut shells or bottle caps. Actor #1 moves the caps
around and shows victim the cap with the pea under it.
With the encouragement of another player, also Actor
#2, victim places larger and larger bets as to which cap
contains the pea. The game is ended by Actor #1 when
the take is large enough.
45. Utilities Impersonators: Actor impersonates utilities
employees by wearing jumpsuits with name tags. Actor
approaches victim with story about a gas leak or
electrical surge to gain entry to the home. Valuables are
taken by actor.
46. VCR Scam: Actor purports to sell new VCR's or
televisions at an extremely low cost due to his
connections. Victim pays for the VCR or television only
to discover that the box has been filled with rocks.
47. West African Investment Scams: Actors target
businesses and obtain business' bank account
information from which all funds are later withdrawn.
Dealing with White-Collar Crimes
Gary Green pointed out that professional criminals would
probably continue to enjoy immunity from prosecution.
Hence, they are unlikely to be deterred by sanction or threat
and are unlikely to be formally disqualified by their
professional organizations. They will there fore feel free and
are free to continue or begin their activities (Schmallenger,
1999). James W. Coleman suggests four areas of reform,
which white-collar crime might be effectively addressed:
1. Ethical Reforms - reform include such things as
working to establish stronger and more persuasive
codes of business ethics. Courses in ethical businesses
might be offered in universities, and corporations could
school their employees in right livelihood.
2. Enforcement Reforms - reform center on the belief
that white-collar criminals must be severely published,
but also include such things as better funding for
enforcement agencies dealing with white-collar crime,
and insulation of enforcement personnel from undue
political violations.
3. Structural Reforms - involve basic changes in
corporate structure to make white-collar crime more
difficult to commit such as selective nationalization of
firms that have long records of criminal violations.
4. Political Reforms - focus on eliminating campaign
contributions from corporations and businesses, but
also include the level of fairness in determining
government grants and contracts, the government must
serve as a police itself. This includes the enforcement
of laws and the regulation of the activities of elected
officials and administrative personnel.
THE CONVENTIONAL CRIMES
Conventional crimes are those traditional, illegal behaviors
that most people think of as crime. Most crime is
conventional crime. Non-conventional crime may be
organized crime, white-collar crime, political crime, etc.
Conventional crimes are groups of crimes categorized as
violent crimes (index crimes) and property crimes. It has
been argued that cyber crime is just a conventional crime
committed with high-tech devices.
Violent Crimes - Violent crimes are criminal acts, which in
the threat of or actual physical harm by an offender to a
victim. It presents not only index offenses that every one
recognizes as violent (murder, rape, robbery) or other acts
involving force and intimidation but also “violent crimes” that
are commonly categorized as “social problem” such as
domestic violence, child abuse, elder abuse, etc.
Violent acts are in the forms of:
1. Interpersonal Violence - Forcible Rape. Murder, Serious
Assault, Family Violence, Robbery
2. Political Violence - Terrorism
3. Collective Violence - Riots, Mobs, Crowds, Urban
Violence
Property Crimes - are crimes of economic interest. It
includes those crimes that would most commonly be
categorized as theft in ordinary language. It also includes but
not limited to offenses such as unlawful entry to commit
theft, shoplifting, vandalism, and arson. Property crimes are
also in the forms of:
1. Occasional Property Crimes - Shoplifting, Vandalism,
Motor vehicle theft, Check Forgery
2. Conventional Property Crimes - Burglary/unlawful entry
to commit theft, Fence, Larceny/Theft
Violent Crimes (Index Crimes)
Murder – is the unlawful killing of human being with malice
and with the “act of violence”. Serial Murder – an act
involving killing of several victims in three or more separate
incidents over a week, a month or year. Mass Murder – it is
the killing of four or more victims at one location with one
event. Spree Murder – the killing of in two or more locations
with almost no time break between murders.
Homicide and Assault - Homicide is also unlawful killing
with out the qualifying circumstances of murder. It is
generally regarded as the most commonly committed of all
the index crimes (based on the UCR offenses). Assault is
called “unlawful attack” to another person purposely to harm
or inflict physical injuries. It is a crime that involves offering
to give bodily harm to a person or placing the person in fear.
Robbery - INTERPOL defined robbery as “violent theft”. It is
the taking of property belonging to another with intent to gain
by means of force upon things, violence of intimidation
against the person. It could be in the form of:
5. The Muggers – they are the most feared robbers. They
are semi-professional robbers who are sometimes
called “strong armed robbers” – the street robbers who
commit everything from snatching to the brutalization of
the victim.
Rape - is commonly defined as “carnal knowledge of a
woman against her will”. Rape is the fastest growing of all
UCR index crime. It could be in the form of:
1. Real Rape – aggravated rape involving violence,
weapons and attackers.
2. Simple Rape – anything else not fall as “real rape”
such as: victims are viewed as suspicious, particularly if
the victim did not physically resist.
Rape is a violent crime due to the means employed usually
characterized by violence, aggression and domination. It has
the general effect of “Rape Trauma Syndrome” – refers to
the adverse psychological impacts rape victims continue to
suffer long after the incident. It includes:
1. Sexual anxiety
2. Pervasive fear to the opposite sex
3. Problems in interpersonal relationship
4. General problem of unhappiness

1. Robbery of person – “hold up cases” Classification of Men who Rape

2. Robbery in open place following sudden attack – 1. Anger Rape – sexual attack becomes a means of
“snatching cases” expressing anger or rage and involves more physical
3. Robbery in private premises – “forcible entry” assault upon the victim.
4. Robbery after preliminary association of short duration 2. Power Rape – assailant primarily wishes to express his
between victims and offender domination over the victim.
5. Robbery in case of previous association between victim 3. Sadistic Rape – perpetrator combines the sexuality
and offender. and aggression aims in psychic desires to often torture
or otherwise abuse the victim.
Types of Robbers
Family Violence - Family violence are violent crimes
1. The Professional Robber – robber who has long-term involving physical assault by a family member to another
commitment to the crime of robbery as a major source family members such as the following:
of livelihood. 1. Child Abuse – an attack or assault of an adult against
2. The Opportunist – the commonly known as “bandits”, the defenseless or people who cannot defend
one who has little commitment to or specialization in themselves, usually by a parent to a child.
robbery and one who is all purpose property offender. 2. Spouse Abuse – “husband vs wife battering”
3. The Addict Robber – one who committed the crime of
robbery to support the drug habit. (Unplanned) Types of Violent Offenders
4. The Alcoholic Robber – like the addict robber who 1. Culturally Violent Offenders – those who live in
engages to robbery occasionally in order to support his cultures which violence is an acceptable problem
habit. (Unplanned) mechanism.
2. Criminally Violent Offenders – those who use
violence as a means to accomplish criminal acts.
3. Pathological Violent Offenders – those who commit
violent crimes due to mental disturbances.
4. Situational Violent Offenders – those who commit
acts of violence on rare occasions, often under
provocations. They are the criminals “by passion”.
Property Crimes (Non-Index Crimes)
Occasional Property Crimes - Occasional Property crimes
are group of property crimes committed by ordinary property
criminals with little progressive knowledge on criminal
techniques. Offenders injure or steal property on an
infrequent basis. They tend to commit crimes such as Auto
theft of motor vehicle theft, Shoplifting or good pilferage,
Vandalism, Check Forgeries
Conventional Property Crimes - These are group of
property crimes committed by professional criminals on a
persistent basis, which constitute form of career criminality.
Conventional property crimes include:
1. Burglary (Robbery) – unlawful entry of forcible entry in
order to commit a felony of theft.
2. The Fence – dealers of stolen properties, the act of
“buy and sale of stolen properties”
3. Larceny (theft) – simple taking of properties with intent
to gain and without the consent of the owner.
Destructive Property Crime – includes Arson – unlawful
burning of property on another such as:
1. Profit-motivated Arson – illustrated by insurance fraud
2. Revenge Arson – burning of properties due to hatred
or spell jealousy
3. Vandalism Arson – fire is employed as a means of
expressing vindictive vandalism toward the property of
a group of people or an individual.
4. Excitement Arson – those set by “pyromaniacs”
5. Sabotage Arson – fires during civil disturbances.
Cybercrime
Although the term cybercrime is usually restricted to
describing criminal activity in which the computer or network
is an essential part of the crime, this term is also used to
include traditional crimes in which computers or networks
are used to enable the illicit activity.
Examples of cybercrime which the computer or network is a
tool of the criminal activity include spamming and criminal
copyright crimes, particularly those facilitated through peer-
to-peer networks. Examples of cybercrime in which the
computer or network is a target of criminal activity include
unauthorized access (i.e, defeating access controls),
malicious code, and denial-of-service attacks. Examples of
cybercrime in which the computer or network is a place of
criminal activity include theft of service (in particular, telecom
fraud) and certain financial frauds. Finally, examples of
traditional crimes facilitated through the use of computers or
networks include Nigerian 419 or other gullibility or social
engineering frauds (e.g., hacking "phishing", identity theft,
child pornography, online gambling, securities fraud, etc.
Cyberstalking is an example of a traditional crime-
harassment - that has taken a new form when facilitated
through computer networks.
Additionally, certain other information crimes, including trade
secret theft and industrial or economic espionage are
sometimes considered cybercrimes when computers or
networks are involved. Cybercrime in the context of national
security may involve hacktivism (online activity intended to
influence policy), traditional espionage, or information
warfare and related activities.
Another way to define cybercrime is simply as criminal
activity involving the information technology infrastructure,
including illegal access (unauthorized access), illegal
interception (by technical means of non-public transmissions
of computer data to, from or within a computer system), data
interference (unauthorized damaging, deletion, deterioration,
alteration or suppression of computer data), systems
interference (interfering with the functioning of a computer
system by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data), misuse
of devices, forgery (ID theft), and electronic fraud.
THE VICTIMLESS CRIMES
In common understanding of what crime means is that the
act implies that there is both perpetrator and a victim of the
wrongful behavior. With victimless crimes, this general rule
does not apply. Victimless crimes refer to those crimes in
which no clear victim is readily identifiable. In other words,
the only injured party is the offender, who engages in self-
destructive behavior. These crimes are also called moral
offenses or vice. Many of these crimes generally refer to
Public Order Crimes – an offense that is consensual and
lacks a complaining participant. It is rare in these cases are
victims who week prosecution.
Examples of Victimless Crimes
Related to Sex Crimes (against Chastity): Adultery and, in
general, sex outside marriage where all those involved,
including spouses, give consent. Adultery without the
spouse's consent is arguably not victimless, as it violates the
spouse's marriage contract rights, but it is also arguable that
the non-consenting spouse is the victim of a civil wrong, not
a criminal wrong; Bigamy and other non-traditional marital
and family practices; Prostitution, other sex work, and
related acts. According to some people, prostitutes are
"victims" of economic circumstances; others point out that
many strippers and ditch diggers are "victims" of economic
circumstances, and arguably so is anyone who performs a
service only for the money, but that doesn't mean stripping,
ditch digging or performing any other services solely for the
money is or should be a crime; Incest between legal adults
where offspring cannot result from the sexual activity.
Related to Religion: Practice of religions or cults or
superstitions other than those locally sanctioned. Practices
involving banned substances (such as hallucinogens) or
banned social arrangements (such as polygamy);
Blasphemy; Apostasy.
Related to Financial Matters: Ticket scalping
Related to Political Matters: In general, most specifically
political crimes are necessarily victimless, as they by
definition are against the body politic such as Flag
Desecration or expressing negative opinion of prominent
national figure (e.g. Turkey, North Korea); Public obscenity,
though offense (damage) to others is possible; Treason;
High Crimes and Misdemeanors, and other abuses of
Political power that do not involve specific persons; Electoral
fraud, where such fraud does not involve the votes of
specific persons
Related to Self-Preservation and Public Safety: Suicide;
attempted suicide; euthanasia.
STUDY OF CRIMINAL BEHAVIOR
CRIMINAL PSYCHOLOGY
In general, psychology is the science of behavior and mental
processes. This means that psychologists use the methods
of science to investigate all kinds of behavior and mental
processes, from the activity of a single nerve cell to the
social conflict in a complex society (Bernstein, et al, 1991).
In particular, criminal Psychology is a sub-field of general
psychology where criminal behavior is only, in part by which
phenomena psychologists choose to study. It may be
defined as the study of criminal behavior, the study of
criminal conduct and activities in an attempt to discover
recurrent patterns and to formulate rules about his behavior.
A major description of criminal psychology is the word
behavior. Behavior refers to actions or activities (Kahayon,
1985). To the criminologist, behavior is the observable
actions because he is more interested in actions and
reactions that can be seen and verified than in concepts,
which cannot be directly verified.
Classification of Behavior
1. Normal Behavior (adaptive or adjusted behavior) –
the standard behavior, the totality accepted behavior
because they follow the standard norms of society.
understanding criminal behavior includes the idea of
knowing what characterized a normal person from an
abnormal one. A normal person is characterized by:
Efficient perception of reality, Self-knowledge, Ability to
exercise voluntary control over his behavior, Self-
esteem and acceptance, Productivity, Ability to form
affectionate relationship with others.
2. Abnormal Behavior (maladaptive/maladjusted
behavior) - A group of behaviors that are deviant from
social expectations because they go against the norms
or standard behavior of society.
A maladaptive (abnormal) person may be understood by the
following definitions:
Abnormal behavior according to deviation of statistical norms
based in statistical frequency: Many characteristics such as
weight, height, an intelligence cover a range of values when,
measured over a population. For instance, a person who is
extremely intelligent or extremely happy would be classified
as abnormal.
Abnormal behavior according to deviation from social norms:
A behavior that deprives from the accepted norms of society
is considered abnormal. However, it is primarily dependent
on the existing norm of such society.
Behavior as maladaptive: Maladaptive behavior is the effect
of a well being of the individual and or the social group. That
some kind of deviant behavior interferes with the welfare of
the individual such as a man who fears crowd can’t ride a
bus. This means that a person cannot adopt himself with the
situation where in it is beneficial to him.
Abnormal behavior due to personal distress: This is
abnormally in terms of the individual subjective feelings of
distress rather than the individual behavior. This includes
mental illness, feeling of miserably, depression, and loss of
appetite or interest, suffering from insomnia and numerous
aches and pains.
Abnormality in its legal point: It declares that a person is
insane largely on the basis of his inability to judge between
right and wrong or to exert control over his behavior (Bartol,
1995).
KINDS OF BEHAVIOR
1. Overt or Covert Behavior - Behaviors that are
outwardly manifested or those that are directly
observable are overt behaviors. On the other hand,
covert behavior are behaviors that are hidden – not
visible to the naked eye.
2. Conscious or Unconscious Behavior - Behavior is
conscious when acts are with in the level of awareness.
It is unconscious when acts are embedded in one’s
subconscious – unaware
3. Simple or Complex Behavior - These are acts
categorized according to the number of neurons
involved in the process of behaving. Simple behavior
involves less number of neurons while complex
behavior involved more number of neurons,
combination of simple behaviors.
4. Rational or Irrational Behavior - There is rational
behavior when a person acted with sanity or reason
and there is irrational behavior when the person acted
with no apparent reason or explanation – as when a
man loses his sanity and laugh out loud at nobody or
nothing in particular.
5. Voluntary or Involuntary Behavior - Voluntary
behavior is an act done with full volition or will such as
when we discriminate, decide or choose while
involuntary behaviors refers the bodily processes that
foes on even when we are awake or asleep like
respiration, circulation and digestion.
ASPECTS OF BEHAVIOR
1. Intellectual Aspect – this aspect of behavior pertains
to our way of thinking, reasoning, solving, problem,
processing info and coping with the environment.
2. Emotional Aspect – this pertains to our feelings,
moods, temper, and strong motivational force.
3. Social Aspect – this pertains to how we interact or
relate with other people
4. Moral Aspect – this refers to our conscience and
concept on what is good or bad.
5. Psychosexual Aspect - this pertains to our being a
man or a woman and the expression of love
6. Political Aspect – this pertains to our ideology towards
society/government
7. Value/Attitude – this pertains to our interest towards
something, our likes and dislikes
THE CRIMINAL FORMULA
C=T+S
R
Where:
C – Crime/Criminal Behavior (the act)
T – Criminal Tendency (Desire/Intent)
S – Total Situation (Opportunity)
R – Resistance to Temptation (Control)
The formula shows that a person’s criminal tendency and his
resistance to them may either result in criminal act
a depending upon, which of them is stronger. This means that
a crime or criminal behavior exist when the person’s
resistance is insufficient to withstands the pressure of his
desire or intent and the opportunity (Tradio, 1983).
Mental retardation - Metal retardation is a mental disorder
characterized by sub-average general functioning existing
concurrency with deficits in adaptive behavior. It is a
common mental disorder before the age of 18. The person is
suffering from low I.Q., difficulty in focusing attention and
deficiency in fast learning.
Schizophrenia and Paranoia - Schizophrenia – refers to
the group of psychotic disorders characterized by gross
distortions of realty, withdrawal of social interaction,
disorganization and fragmentation of perception, thoughts
and emotion. It also refers to terms such as “mental
deterioration”, “dementia praecox”, or “split mind”. Paranoia
– it is a psychosis characterized by a systemized delusional
system. A delusion is a firm belief opposed to reality but
maintained in spite of strong evidence to the contrary. It is
also a psychosis characterized by delusion of apprehension
following a failure or frustration.
ADDICTIVE BEHAVIORAL PATTERNS - Psychoactive
substance-use disorders such as alcoholism affects millions
of people. Addiction and psychological dependence on these
substances create disastrous personal and social problems
(Bernstein, 1991).
SEXUAL DYSFUCNTIONAL PATTERNS - Sexual
deviations to the impairment to either the desire for sexual
gratification or in the ability to achieve it (Coleman, 1980).
Those Affecting Males
1. Erectile Insufficiency (Impotency) – it is a sexual
disorder characterized by the inability to achieve or
maintain erection for successful intercourse.
2. Pre-mature Ejaculation – it is the unsatisfactory brief
period of sexual stimulation that result to the failure of
the female partner to achieve satisfaction.
3. Retarded Ejaculation – it is the inability to ejaculate
during intercourse – resulting to worry between
partners.
Those Affecting Women
1. Arousal Insufficiency (Frigidity) – a sexual disorder
characterized by partial or complete failure to attain the
lubrication or swelling response of sexual excitement by
the female partner.
2. Orgasmic Dysfunction – a sexual disorder
characterized by the difficulty in achieving orgasm
3. Vaginismus – the involuntary spasm of the muscles at
the entrance to the vagina that prevent penetration of
the male sex organ.
4. Dyspareunia – it is called painful coitus/painful sexual
acts in women.
Sexual Behaviors leading to Sex Crimes
As to Sexual Reversals
 Homosexuality – it is a sexual behavior directed
towards the same sex. It is also called
“lesbianism/tribadism” for female relationship.
 Transvestism – refers to the achievement of sexual
excitation by dressing as a member of the opposite sex
such a man who wears female apparel.
 Fetishism – sexual gratification is obtained by looking
at some body parts, underwear of the opposite sex or
other objects associated with the opposite sex.
As to the Choice of Partner
 Pedophilia – a sexual perversion where a person has
the compulsive desire to have sexual intercourse with a
child of either sex.
 Bestiality – the sexual gratification is attained by
having sexual intercourse with animals
 Auto-sexual (self-gratification/masturbation) – it is
also called “self abuse”, sexual satisfaction is carried
out without the cooperation of another.
 Gerontophilia – is a sexual desire with an elder
person.
 Necrophilia – an erotic desire or actual intercourse with
a corpse
 Incest – a sexual relation between person who, by
reason of blood relationship cannot legally marry.
As to Sexual Urge
 Satyriasis – an excessive (sexual urge) desire of men
to have sexual intercourse
 Nymphomania – a strong sexual feeling of women with
an excessive sexual urge.
As Mode of Sexual Expression
 Oralism – it is the use of mouth or the tongue as a way
of sexual satisfaction.
a.Fellatio – male sex organ to the mouth of the
women coupled with the act of sucking that
initiates orgasm.
b.Cunnilingus – sexual gratification is attained
by licking the external female genitalia.
 c. Anilism (anillingus) – licking the anus of the
sexual partner
 Sado-Masochism (Algolagnia) – pain/cruelty for
sexual gratification.
Sadism – achievement of sexual stimulation and
gratification through the infliction of physical pain
on the sexual partner. It may also be associated
with animals or objects instead of human beings.
Masochism – infliction of pain to oneself to
achieve sexual pleasure.
As to Part of the Body
 Sodomy – is a sexual act through the anus of the
sexual partner.
 Uranism – sexual gratification is attained through
fingering, holding the breast of licking parts of the body.
 Frottage – the act of rubbing the sex organ against
body parts of another person.
 Partailism – it refers to the sexual libido on any part of
the body of a sexual partner.
As to visual stimulus
 Voyeurism – the person is commonly called “the
peeping Tom”, an achievement of sexual pleasures
through clandestine peeping such as peeping to
dressing room, couples room, toilets, etc. and
frequently the person masturbate during the peeping
activity.
 Scoptophilia – the intentional act of watching people
undress or during sexual intimacies.
As to Number of Participants in the Sexual Act
 Troilism – three persons participate in sex orgy such
as two women versus on man or vice versa.
 Pluralism – group of persons in sexual orgies such as
couple to couple sexual relations. It is also called
“sexual festival”.
Other Sexual Abnormalities
 Exhibitionism – it is called “indecent exposure”,
intentional exposure of genitals to members of the
opposite sex under inappropriate conditions.
 Coprolalia – the use of obscene language to achieve
sexual satisfaction.
 Don Juanism – the act of seducing women as a career
without permanency of sexual partner or companion.
JUVENILE CRIME AND JUVENILE JUSTICE
JUVENILE CRIME:
Historically juvenile have tended toward property related
crimes such as larceny, burglary, motor vehicle theft and
arson
Juvenile crime involving not only disadvantage youth urban
areas, but all races, social classes and like styles, causal
factors pertaining to juvenile violence are multifarious. Many
who have studied the problem believe that much of the
violence reflects a breakdown of families, schools, and other
social institutions, some juvenile offenders came from single
– parent homes.
THE EXTENT OF JUVENILE CRIME:
The serious criminal events that the juvenile courts and
juvenile justice system must increasingly deal with so called
status offenders.
STATUS OFFENDERS – Are acts that are considered
delinquent if committed by a child but are not considered if
committed by an adult.
STATUS OFFENSE – It is possible for juvenile to be
prosecuted in juvenile court and adjudicated delinquent for a
range of behavior for which adults cannot be prosecuted.
SPECIFIC BEHAVIOR ARE DEFINED UNDER A
BROADER CATEGORY:
1. PINS – Person In Need of Supervision
2. CINS – Children In Need of Supervision
3. MINS – Minor In Need of Supervision
4. JINS – Juvenile In Need of Supervision
5. CHINA – Children In Need of Assistance
JUVENILE JUSTICE:
It consist of the agencies and institutions whose primary
responsibility is handling juvenile offenders. These agencies
and their programs concern themselves with delinquent
youths as well as those children and youth labeled
incorrigible, truant and/ or runaway.
Juvenile justice
Focuses on the needs of youth who are taken into custody,
diverted into special programs, processed through the
juvenile court and adjudicated, and placed on probation offenses, so minor, they would not even be considered
referred to a community based treatment program or placed illegal if committed by adults, but once arrested they are
in a group home or a secure facility. labeled delinquent by the police and other authorities in
Four types of approach to juvenile justice: society and then treated as criminals.
1. Some authorities still hold to the original social welfare
principles of the juvenile justice system, they argue that DEFINITION OF TERMS:
the juvenile court is primarily a treatment that acts as a 1. JUVENILE – The juvenile began to be used when
wise parent and individual justice to needy children who states passed laws establishing the legal age for
seek guidance and understanding. adulthood.
2. Those with a crime control orientation suggest that the 2. Referred to any person under the legal age of majority
juvenile courts, parens patriae philosophy has 3. JUVENILE DELINQUENCY – Is legally defined as any
neglected the victims of delinquents and that serious act which, if committed by an adult, would be a crime.
offenders should be punished and disciplined rather 4. The act, the actor, and the audience
than treated and rehabilitated. 5. JUVENILE DELINQUENT – Are underage
3. A third approach to juvenile justice takes the position counterparts to adult convicted criminals.
that court processing has a potentially adverse effect on 6. DELINQUENCY – Has become any act which would
children, who are denied some of the constitutional be a crime if committed by an adult.
rights afforded adult offenders. 7. As emotionally disturbed behavior, as persistently anti
4. A fourth approach advocates using the balanced and social and as behavior in an adolescent disappointing
restorative justice model which calls for accountability beyond reasonable expectation.
program development and community protection. 8. PARENS PATRIAE – The legal philosophy justifying
state intervention in the lives of children when their
THE JUVENILE JUSTICE PROCESS: parents are unable or unwilling to protect them.
Designed primarily to help the child it stresses rehabilitation 9. A Latin term for parent of his country refers to the
not punishment or deterrence. power of the state to act on behalf of the child and
provide care and protection equivalent to that of a
THE JUVENILE JUSTICE PROCESS FLOWS THROUGH parent.
NINE STAGES: 10. STATUS OFFENSES – Include conduct that is illegal
1. Referral only if children engaged in it such as truancy, curfew
2. Intake violation, runaways and incorability.
3. Detention 11. EMANCIPATION - A relinquishment of the care,
4. Petition and Adjudication’ custody and earnings of a minor child and the
5. Disposition renunciation of parental duties.
6. Community Supervision or Placement 12. DEVIANCE- A behavior that departs from the social
7. Revocation norm.
8. State Training School 13. ABANDONMENT - The most common legal grounds
9. Aftercare for termination of parental rights, also a form of child
abuse in most states. Sporadic visits, a few phone
THE AGENCIES THAT DEAL WITH JUVENILES HAVE calls, or birthday cards are not sufficient to maintain
TRADITIONALLY SERVED TWO PURPOSES: parental rights. Fathers who manifest indifference
1. FORMAL toward a pregnant mother are also viewed as
2. INFORMAL abandoning the child when it is born.
14. ABUSE - Term for acts or omissions by a legal
MORE PREVENTION TREATMENT AND DUE PROCESS caretaker. Encompasses a broad range of acts, and
FOR JUVENILE DELINQUENTS usually requires proof of intent.
Proponents of this view point out that most juveniles who are 15. ADJUDICATION - The phase of a delinquency
arrested have committed only Minor Offenses such as status hearing similar to a "trial" in adult criminal court, except
 that juveniles have no right to a jury trial, a public trial,
or bail.  who has been convicted in juvenile court of something
16. ADMINISTRATIVE PROCEDURE - Any of the
processes involving enforcement of care, custody, or
support orders by an executive agency rather than by
courts or judges.
17. ADOPTION - A legal relationship between two people
not biologically related, usually terminating the rights of
biological parents, and usually with a trial "live-in"
period. Once an adoption is finalized, the records are
sealed and only the most compelling interests will
enable disclosure of documents.
18. BEST INTERESTS OF THE CHILD RULE - Legal
doctrine establishing court as determiner of best
environment for raising child. An alternative to the
Parens Patriae Doctrine.
19. BREED v. JONES (1975) - Case allowing second
prosecution in adult court for conviction in juvenile
court, based on idea that first conviction was a "civil"
matter.
20. CASE LAW - Law established by the history of judicial
decisions in cases decided by judges, as opposed to
common law which is developed from the history of
judicial decisions and social customs.
21. CHILD PROTECTION ACTION - The filing of legal
papers by a child welfare agency when its
investigation has turned up evidence of child abuse.
This is a civil, rather than criminal, charge designed to
take preventive action (like appointment of a Guardian
ad litem) for at-risk children before abuse occurs.
22. CHILD SUPPORT – the act of being responsible for
enforcing child support obligations.
23. CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A
1990 federal law allowing courts to take extraordinary
steps in protecting the emotional health of any child
called to testify in a courtroom.
24. CHINS (CHild In Need of Supervision) - A term
applied to status offenders adjudicated in juvenile
court.
25. CIVIL PROTECTION ORDER - A form of protective
custody in which a child welfare or police agency order
an adult suspected of abuse to leave the home.
26. CUSTODIAL CONFINEMENT - Court order for
placement in a secure facility, separate from adults, for
the rehabilitation of a juvenile delinquent.
27. DELINQUENCY PROCEEDING - Court action to
officially declare someone a juvenile delinquent. A
"delinquent" is defined as under the age of majority
that would be classified as a crime in adult court.
28. DEPENDENT - Anyone under the care of someone
else. A child ceases to be a dependent when they
reach the age of emancipation.
29. DeSHANEY v. WINNEBAGO COUNTY (1989) - Case
limiting extent by which government exercises parens
patriae power.
30. DISPOSITION - Phase of delinquency proceeding
similar to "sentencing" phase of adult trial. The judge
must consider alternative, innovative, and
individualized sentences rather than imposing
standard sentences.
31. DIVERSION - An alternative to trial decided upon at
intake to refer the child to counseling or other social
services.
32. EMANCIPATION - Independence of a minor from his
or her parents before reaching age of majority.
33. EQUAL PROTECTION – A clause requiring
government to treat similarly situated people the same
or have good reason for treating them differently.
Compelling reasons are considered to exist for treating
children differently.
34. FAMILY IMMUNITY DOCTRINE - Legal doctrine
preventing unemancipated children from suing their
parents.
35. FAMILY PURPOSE DOCTRINE - Legal doctrine
holding parents liable for injuries caused by a child's
negligent driving or other actions.
36. FOSTER CARE - Temporary care funded via Federal-
State pass-through and arranged by a child welfare
agency in order to allow receipt of adequate food,
clothing, shelter, education, and medical treatment for
anyone raising a child that is not their own.
37. GUARDIAN AD LITEM - Phrase meaning "For the
Proceeding" referring to adults who look after the
welfare of a child and represent their legal interests.
38. GUARDIANSHIP - Court order giving an individual or
organization legal authority over a child. A guardian of
the person is usually an individual and the child is
called a ward. A guardian of the estate is usually an
organization, like a bank, which manages the property
and assets of a child's inheritance. Guardians are
usually compensated for their services.
39. ILLEGITIMACY - Being born to unmarried parents.
The law assumes legitimacy via a married mother's
husband, whether or not this is the true father.
Illegitimacy status limits inheritance rights.
40. IN LOCO PARENTIS - Teachers, administrators, and
babysitters who are viewed as having some temporary
parental rights & obligations.
41. IN RE GAULT (1967) – (US) - Case that determined
the Constitution requires a separate juvenile justice
system with certain standard procedures and
protections, but still not as many as in adult systems.
42. INTAKE - Procedure prior to preliminary hearing in
which a group of people (intake officer, police,
probation, social worker, parent and child) talk and
decide whether to handle the case formally or
informally.
43. JUDGMENT - Any official decision or finding of a
judge or administrative agency hearing officer upon
the respective rights and claims of parties to an action;
also known as a decree or order.
44. KENT v. U.S. (1966) - Case requiring a special
hearing before any transfers to adult court.
45. MATERNAL PREFERENCE RULE - Legal doctrine
granting mothers custodial preference after a divorce.
46. NEGLECT - Parental failure to provide a child with
basic necessities when able to do so. Encompasses a
variety of forms of abuse that do not require the
element of intent.
47. PARENS PATRIAE - Legal doctrine establishing
"parental" role of state over welfare of its citizens,
especially its children. A 19th century idea first
articulated in Prince v. Massachusetts (1944).
48. PAROLE - Release of a juvenile delinquent from
custodial confinement prior to expiration of sentence;
sometimes called aftercare.
49. PATERNITY - Result of lawsuit forcing a reluctant man
to assume obligations of fatherhood. Blood and DNA
tests showing a 98 or 99 percent likelihood are the
standard. Laws vary widely in terms of statutes of
limitations and when paternity actions will not be
allowed (estoppel).
50. PLEADING - In juvenile court, a plea of "not guilty" will
move the case to adjudication, and a plea of "guilty" or
"nolo contendere" will result in waiver of the right to
trial. State procedures vary widely in how intelligent
and voluntary pleas are accepted.
51. PRELIMINARY HEARING - The bringing of a juvenile
before a magistrate or judge in which charges are
formally presented. Similar to an arraignment in adult
court, and also called "advisory hearings" or "initial
appearances" in some state juvenile justice systems.
52. PREVENTIVE DETENTION - Keeping a juvenile in
custody or under a different living arrangement until
the time when an adjudication can take place. Upheld
in Schall v. Martin (1984), but the right to speedy trial
requires the dropping of charges if an unreasonable
amount of time is spent in preventive detention.
53. PROTECTIVE CUSTODY - Emergency, temporary
custody by a child welfare agency, police agency, or
hospital for reasons of immanent danger to the child. A
hearing must be held for the benefit of the parents
within a few days.
54. PSYCHOLOGICAL PARENT DOCTRINE - Legal
doctrine granting custody to the parent whom the child
feels the greatest emotional attachment to.
55. RESTITUTION - A disposition requiring a defendant to
pay damages to a victim. The law prohibits making
restitution a condition of receiving probation. Poor
families cannot be deprived of probation simply
because they are too poor to afford restitution. Some
states do not allow families to pay restitution.
56. RULE OF SIXTEEN – (US) - Federal and state laws
that prohibit anyone under age 16 from employment.
57. STANFORD v. KENTUCKY (1989) - Case in which it
was determined constitutional to execute juveniles
between the ages of 16-18, but unconstitutional if they
committed crimes while under age 16. Won by a
narrow majority, as in the 1988 case of Thompson v.
Oklahoma which relied upon "standards of decency".
58. STATUS OFFENSE - An activity illegal when engaged
in by a minor, but not when done by an adult.
Examples include truancy, curfew, running away, or
habitually disobeying parents.
59. STEPPARENT - A spouse of a biological parent who
has no legal rights or duties to the child other than
those which have been voluntarily accepted.
60. SURROGATE PARENT - A parent who provided an
egg, sperm, or uterus with an intent of giving the child
up for adoption to specific parties.
61. TENDER YEARS DOCTRINE - Legal doctrine that
unless the mother is "unfit", very young children should
 be placed in custody with their mother following a
divorce.
62. TERMINATION HEARINGS - Process for legally
severing the parent-child relationship. Initiated by the
filing of a petition in family court, and almost always
brought forth by a child welfare agency. Requires a
finding of "unfitness" and a determination of the best
interests of the child.
63. UNFIT PARENT - A temporary or permanent
termination of parental rights in the best interest of the
child usually for reasons of abandonment, abuse, or
neglect, but also including mental illness, addiction, or
criminal record. Poverty alone and character flaws are
prohibited by law from being indicators of "unfitness".