Professional Documents
Culture Documents
CRIMINOLOGY
- according to Edwin H. Sutherland, “criminology is the entire body of knowledge
regarding crime as a social phenomenon. It includes within its scope the process of
making of laws, of breaking of laws, and the society’s reaction towards the breaking
of laws.”
- Criminology is a body of knowledge regarding crimes, criminals and the efforts of
society to prevent and repress them.
- the scientific study of the causes of crime in relation to man and society who set and
define rules and regulations for himself and others to govern
Is criminology a science?
According to George Wilker, criminology cannot become a science because it has not
yet acquired universal validity. Edwin H. Sutherland, the Dean of Modern Criminology, hoped
that it will become a science in the future since the causes of crimes are almost the same which
may be biological, environmental or combination of the two.
Nature of Criminology
1. It is applied science because criminology as a body of knowledge has already
established universally accepted principles and concepts and these are used by other
field of study. (INSTRUMENTATION)
2. It is a social science because it studies crime as a social phenomenon. Crime is a social
problem which has a great impact to society.
3. It is dynamic because the concepts of criminology and their applications adapt to the
changing time.
4. It is nationalistic because the study of criminology takes into consideration the history,
the culture and the social norms and the laws of the country. Each country has its own
set of laws and crimes are defined by the laws of the country.
CLASSIFICATION OF CRIMES
LEGAL CLASSIFICATIONS:
1. According to law violated
a. Felony – an act or omission punishable by law which is committed by means of
dolo (deceit) or culpa (fault)and punishable under the Revised Penal Code
b. Offense – an act or omission in violation of a special law
c. Infraction – an act or omission in violation of a city or municipal ordinance
2. According to the manner of committing crime:
a. By means of dolo or deceit – if the crime is committed with deliberate intent.
Thus, it is called intentional felonies.
freedom or voluntariness
intelligence
intent
b. By means of culpa or fault
- felonies committed by means of culpa (fault)
- the act or omission of the offender is not malicious and the injury caused by the
offender is unintentional, it being the simply the incident of another act performed
without malice
lack of foresight
lack of skill
negligence
imprudence
3. According to the stages in the commission:
a. Attempted – the crime is attempted when the offender commences the
commission of a felony directly or over acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause or accident
other than this own spontaneous desistance.
b. Frustrated - when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless do not produce it
by reason of causes independent of the will of the perpetrator.
c. Consummated - when all the elements necessary for its accomplishment and
execution are present
4. According to plurality:
a. Simple Crime – is a single act constituting only one offense.
CRIMINAL
- in the legal sense, a criminal is any person who has been found to have committed a
wrongful act in the course of the standard judicial process; there must be a final
verdict of his guilt
- in the criminological sense, a person is already considered a criminal the moment he
committed a crime
CLASSIFICATIONS OF CRIMINALS
1. According to etiology
a. Acute criminal – is a person who committed crime as a result of reacting to a
situation or during a moment of anger or burst of feeling.
b. Chronic criminal – is one who committed a crime with intent or deliberated thinking.
1. Neurotic criminal – is one who has mental disorder.
2. Normal criminal – a person who commits crimes because he looks up to,
idolizes people who are criminals.
2. According to the type of offender:
a. Ordinary criminal – a criminal who engages in crimes which do not require
specialized or technical skill
b. Organized criminal – is one who possesses some skills and know-how which
enable him to commit crimes and evade detection.
c. Professional criminal – a highly skilled criminals which are engaged in a large
scale criminal activities ad usually operate in groups.
3. According to criminal activities:
a. Professional criminal – a criminal who earns his living through criminal activities.
b. Situational criminal – a person who got involved in criminal act because the
situation presented itself.
c. Habitual criminal – one who repeatedly commits criminal act for different reasons.
d. Accidental criminal – a person who accidentally violated the law due to some
circumstances.
STUDY OF CRIMINAL LAW
EVOLUTION OF CRIMINAL LAWS
A) PREHISTORIC CRIME AND PUNISHMENT
Primitive Tribes
- punishment may be in the form of ostracism and expulsion
- adultery may be punished by the aggrieved husband who may kill the adulterer and his
own offending wife
- crime may be avenged by the victim himself or by the victim’s family
1) CODE OF HAMMURABI
- Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the
first codifier of laws
- it provides the first comprehensive view of the laws in the early days
- the Code was carved in stone
- the “law of talion”, or the principle of “tit for tat”,(an eye for an eye, tooth for a tooth)
appears throughout the Code
- under the principle of the law of talion, the punishment should be the same as the harm
inflicted on the victim
2) THE HITTITES
- the Hittites existed about two centuries after Hammurabi and eventually conquered
Babylon
3) CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the seventh century BC
4) LAWS OF SOLON
- Solon was appointed archon and was given legislative powers
- Solon repealed all the laws of the Code of Drakon, except the law on homicide
- Solon was one of the first to see that a lawgiver had to make laws that applied equally
to all citizens and also saw that the law of punishment had to maintain proportionality to
the crimes committed
CRIMINAL LAW
– is that branch of public law which defines crimes treats of their nature and provides for
their punishment.
3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet
punishable on the time the felony was committed. However, it may have a
retroactive effect if it is favorable to the accused who is not a habitual delinquent.
5. It is uniform in application.
An act described as a crime is a crime no matter who committed it, wherever
committed in the Philippines and whenever committed. No exceptions must be made as
to the criminal liability. The definition of crimes together with the corresponding
punishment must be uniformly construed, although there may be a difference in the
enforcement of a given specific provision of the penal law.
6. There must be a penal sanction or punishment.
Penal sanction is the most essential part of the definition of the crime. If there is
no penalty to a prohibited act, its enforcement will almost be impossible. The penalty is
acting as a deterrence and as a measure of self-defense of the state to protect society
from the threat and wrong inflicted by the criminal.
1. DEMONOLOGICAL THEORY - asserts that a person commits wrongful acts due to the
fact that he was possessed by demons.
Utilitarianism
– is a philosophy which argues that what is right is the one that would cause the greatest
good for the greatest number of people.
- others refer to it as the greatest happiness principle or the principle of utility.
- from this principle, Bentham formulated the “felicific calculus”.
Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals
calculate the consequences of his actions by weighing the pleasure (gain) and the pain
(suffering) he would derive from doing the action.
3. NEOCLASSICAL CRIMINOLOGY
This theory modified the doctrine of free will by stating that free will of men may
be affected by other factors and crime is committed due to some compelling reasons
that prevail. These causes are pathology, incompetence, insanity or any condition that
will make it impossible for the individual to exercise free will entirely. In the study of legal
provisions, this is termed as either mitigating or exempting circumstances.
August Comte
- was a French philosopher and sociologist and is believed to be the one who reinvented
the French term sociologie.
- he was recognized as the “Father of Sociology and Positivism”.
Cesare Lombroso
- recognized as the “Father of Modern and Empirical Criminology” due to his application
of modern scientific methods to trace criminal behavior, however, most of his ideas are
now discredited
- known for the concept of atavistic stigmata (the physical features of creatures at an
earlier stage of development).
- he claimed that criminals are distinguishable from non-criminals due to the presence of
atavistic stigmata and crimes committed by those who are born with certain recognizable
heredity traits.
- according to his theory, criminals are usually in possession of huge jaws and strong
canine teeth, the arm span of criminals is often greater than their height, just like that of
apes who use their forearms to push themselves along the ground.
- other physical stigmata include deviation in head size and shape, asymmetry of the
face, excessive dimensions of the jaw and cheekbones, eye defects and peculiarities,
ears of unusual size, nose twisted, upturned or flattened in thieves, or aquiline or
beaklike in murderers, fleshy lips, swollen and protruding, and pouches in the cheek like
those of animal’s toes
- Lombroso’s work supported the idea that the criminal was a biologically and physically
inferior person
Enricco Ferri
- he focused his study on the influences of psychological factors and sociological
factors such as economics, on crimes.
- He believed that criminals could not be held morally responsible because they did not
choose to commit crimes, but rather were driven to commit crimes by conditions in their
lives.
Raffaelle Garofallo
- He treated the roots of the criminals’ behavior not to physical features but to their
psychology equivalent, which he referred to as moral anomalies.
- He rejected the doctrine of freewill.
- Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious
Criminals.
1. BIOLOGICAL THEORIES
- this refers to the set of theories that point to physical, physiological and other natural
factors as the causes for the commission of crimes of certain individuals.
- This explanation for the existence of criminal traits associates an individual’s evil
disposition to physical disfigurement or impairment.
a. Physiognomy – the study of facial features and their relation to human behavior.
2. PSYCHOLOGICAL THEORIES
- refers to the theories that attribute criminal behavior of individuals to psychological
factors, such as emotion and mental problems.
a. Sigmund Freud
- he is recognized as the FATHER OF PSYCHOANALYSIS
- known for his psychoanalytic theory
- according to him, criminality is caused by the imbalance of the three (3)
components of personality: the id, the ego, and the superego.
- according to him there are three parts of personality:
1. ID – this stands for instinctual drives; it is governed by the “pleasure principle”;
the id impulses are not social and must be repressed or adapted so that they
may become socially acceptable
2. EGO – this is considered to be the sensible and responsible part of an
individual’s personality and is governed by the “reality principle”; it is developed
early in life and compensates for the demands of the id by helping the individual
guide his actions to remain within the boundaries of accepted social behavior; it
is the objective, rational part of the personality
3. SOCIOLOGICAL THEORIES
- sociological factors refer to things, places and people with whom we come in contact
with and which play a part in determining our actions and conduct. These causes
may bring about the development of criminal behavior.
a. Emile Durkheim
- he stated that crime is a normal part of the society just like birth and
death.
- proposed the concept of “anomie” or the absence of social norms. It is
characterized by disorder due to lack of common values shared by
individuals, lack of respect for authority and lack of appreciation for what
is acceptable and not acceptable in a society.
b. Gabriel Tarde
- introduced the theory of imitation which proposes the process by
which people become criminals.
- according to this theory, individuals imitate the behavior of other
individuals based on the degree of their association with other individuals and
it is inferior or weak who tend to imitate the superior and strong.
b. Strain Theory
- strain refers the individual’s frustration, anger and resentment.
- holds that crime is a function of the conflict between the goals people have and
the means they can use to legally obtain them. This also argues that the ability to
obtain these goals is class dependent; members of the lower class are unable to
achieve these goals which come easily to those belonging to the upper class.
Consequently, they feel anger, frustration and resentment, referred to as
STRAIN.
a. Containment Theory
- proposed by Walter Reckless
- he stated that inner and outer containments help prevent juvenile offending.
- containment means the forces within and outside the individual that has the
power to influence his actions.
- inner containments include positive self-concept, tolerance for frustration and
an ability to set realistic goals.
- outer containments include family.
CRIME STATISTICS
- refers to the measure of the level or amount of crimes.
- The collection or study of numerical data of crimes recorded/reported to the police.
- it uses the terms index crimes and non-index crimes in classifying crimes.
Index crimes are crimes which are sufficiently significant and which occur with sufficient
regularity to be meaningful, such as murder, homicide, physical injury, robbery, theft and rape.
Non-index crimes are crimes that are not classified as index crimes. Violations of special laws
and other crimes against moral and order. These crimes are generated from the result of
positive police initiated operations.
STATISTICAL FORMULA:
1. Crime Solution Efficiency (CSE) – percentage of solved cases out of the total number
of reported crime incidents handled by the police for a given period of time. It is a
general measure of law enforcement agency’s investigative capability or efficiency.
Formula:
2. Crime Rate – the number of incidents in a given period of time for every 100, 000
inhabitants of an area/place.
Formula:
Crime Volume
CR =
{ ¿¿
Population }
X 100 , 000
3. Average Monthly Crime Rate (AMCR) – the average number of crime incidents
occurred per month for every 100, 000 inhabitants in a certain area.
Formula:
Crime Volume
AMCR =
{ ¿¿
Population }
X 100 , 000 ÷ no . of months
4. Variance (or % change) – one way of analyzing crime trends. It measures the
percentage change over a given period of time.
Formula:
Formula: