(CRIM.

1) Introduction TO Criminology AND Psychology OF Crimes

Introduction To Criminology (CRIM 1)

1: INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIMES

CRIMINOLOGY

- according to Edwin H. Sutherland, “criminology is the entire body of knowledge regarding crime asa
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 preventand
repress them.

- the scientific study of the causes of crime in relation to man and society who set and define rulesand
regulations for himself and others to govern.

Criminologist (R.A. 6506)

- any person who is a graduate of the Degree of Criminology, who has passed the examination
forcriminologists and is registered as such by the Board of Examiners of the Professional
RegulationCommission (PRC).

Origin of the word “Criminology”

Etymologically, the term criminology came from the Latin word “crimen” meaning crime and Greek
word“Logos” which means “to study”.

In 1885, Rafael Garofalo, an Italian Law Professor coined the term criminologia.

In 1889, Paul Topinard, French Anthropologist, used the term criminology in French criminologie forthe
first time

Principal Divisions of Criminology

1. Etiology of Crimes – the scientific analysis of the causes of crimes and the criminal behavior. 2.
Sociology of Law – refers to the investigation of the nature of criminal law and its administration

3. Penology – the study of the control of crimes and the rehabilitation of offender

Is criminology a science?

According to George Wilker, criminology cannot become a science because it has not yet
acquireduniversal validity. Edwin H. Sutherland, the Dean of Modern Criminology, hoped that it will
become a sciencein the future since the causes of crimes are almost the same which may be
biological, environmental orcombination of the two.

Nature of Criminology

1. It is applied science because criminology as a body of knowledge has already established

universallyaccepted principles and concepts and these are used by other field of study.
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2. It is a social science because it studies crime as a social phenomenon. Crime is a social problem
whichhas 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
andthe social norms and the laws of the country. Each country has its own set of laws and crimes
aredefined by the laws of the country.

Scope in the Study of Criminology

1. Study of the origin and development of criminal law

2. Study of the causes of crimes and development of criminals

3. Study of the other sciences that examine criminal behavior using scientific methods such as: criminal
demography – the study of the relationship between criminality and population criminal

epidiomology – the study of the relationship between environment and criminality

criminal ecology – the study of criminality in relation to the spatial distribution in a community

criminal physical anthropology – the study of criminality in relation to physical constitution of

men criminal psychology – the study of human behavior in relation to criminality criminal

psychiatry – the study of human mind in relation to criminality

victimology – the study of the role of the victim in the commission of a crime.

CRIMES AND CRIMINALSCRIME – refers to an act committed or omitted in violation of public law (Phil.
Law Dictionary). -It also refers to an act committed or omitted in violation of a public law forbidding or
commanding it(Reyes 2006).

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) orculpa
(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
calledintentional 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
isunintentional, 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
felonydirectly or over acts, and does not perform all the acts of execution which should produce
thefelony 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 thefelony
as a consequence but which, nevertheless do not produce it by reason of
causesindependent of the will of the perpetrator.

c. Consummated - when all the elements necessary for its accomplishment and execution arepresent

4. According to plurality:

a. Simple Crime – is a single act constituting only one offense.

 b. Complex Crime – single act constituting two or more grave felonies or an is a necessarymeans
for committing the other

Two (2) Kinds of Complex Crime:

1. compound crime (delito compuesto)

2. complex crime proper (delito complejo)

5. According to gravity:

a. Grave felonies - are those to which the law attaches the capital punishment or penalties which inany
of their period are afflictive.

b. Less grave felonies - are those which the law punishes with penalties which in their maximumperiod
are correctional.

a. Ordinary criminal – a criminal who engages in crimes which do not require specialized or technicalskil

b. Organized criminal – is one who possesses some skills and know-how which enable him
tocommit crimes and evade detection.

c. Professional criminal – a highly skilled criminals which are engaged in a large scale criminalactivities
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 presenteditself.

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
offendingwife
- crime may be avenged by the victim himself or by the victim’s family

B) THE EARLY CODES

1) CODE OF HAMMURABI

- Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first codifier
oflaws

- 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) appearsthroughout the Code

- under the principle of the law of talion, the punishment should be the same as the harm inflicted
onthe 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
citizensand also saw that the law of punishment had to maintain proportionality to the crimes
committed

5) ROME’S TWELVE TABLES

- Roman law began with the Twelve Tables which were written in the middle of the sixth century BC -
the Twelve Tables were the foundation of all laws in Rome and written in tablets of bronze

- the Twelve Tables were drafted by the Decemvirs, a body of men composed of patricians

CRIMINAL LAW

– is that branch of public law which defines crimes treats of their nature and provides
for theirpunishment.
Revised Penal Code or Act No. 3815

– book that contains the Philippine Criminal Law and different special laws and decrees which arepenal
in nature. It is called as RPC because the old penal code which took effect in the country on July 14,1887
and was in force until Dec. 31, 1931 was revised by the Committee created by Administrative Order
No.94 of the Department of Justice, dated Oct. 18, 1927, composed of Anacleto Diaz as Chairman, Alex
Reyesand Mariano de Joya as members.The RPC was approved on Dec. 8, 1930 and took effect on
January 1,1932.

Principal Parts of the RPC

It is composed of two books; book one which is composed of Articles 1-113 and book two
coveringArticles 114-367.

a. Articles 1-20 – principles affecting criminal liability

b. Articles 21-113 – penalties including criminal and civil liability

c. Articles 114-367 – felonies

Characteristics of the RPC

1. Generality – the law is applicable to all persons within the territory irrespective of sex,
race,nationality or civil status except:

a. Head of state

b. Foreign diplomats, ambassadors, who are duly accredited to our country

c. Foreign troops permitted to march within the territory

2. Territoriality - the RPC is applicable to felonies committed within the Philippine

territorialjurisdiction.

a. Philippine archipelago – all the islands that comprise the Philippines

b. Atmosphere water – all bodies of water that connect all the islands such as bays,rivers and streams

c. Maritime zone – the twelve (12) Nautical Mile limit beyond our shore measured atlow tide

EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL CODE

: The Revised Penal Code shall be applicable to all cases committed outside the Philippine
territorialjurisdiction under the following circumstances:

a) should commit an offense while on Philippine ship or airship

;b) should forge or counterfeit any coin or currency note of the Philippine Island or obligations
andsecurities issued by the government of the Philippines;

c) while being a public officer or employee, should commit an offense in the exercise of their functions’

d) should commit any of the crimes against national security and law of nations

3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet punishable onthe time
the felony was committed. However, it may have a retroactive effect if it is favorable tothe accused who
is not a habitual delinquent.

4. It is specific and definite.

Criminal law must give a strict definition of a specific act which constitutes an offense. Wherethere is
doubt as to whether a definition embodied in the Revised Penal Code applies to the accused ornot, the
judge is obligated to decide the case in favor of the accused. Criminal law must be construedliberally in
favor of the accused and strictly against the state

. 5. It is uniform in application.

An act described as a crime is a crime no matter who committed it, wherever committed in
thePhilippines and whenever committed. No exceptions must be made as to the criminal liability.
Thedefinition of crimes together with the corresponding punishment must be uniformly construed,
althoughthere 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
aprohibited act, its enforcement will almost be impossible. The penalty is acting as a deterrence and as.

Jeremy Bentham (1748-1832)

- his contribution to classical school of criminology is the concept of utilitarianism and the
felicificcalculus.

- proposed “Utilitarian Hedonism” which explains that person always acts in such a way to
seekpleasure and avoid pain. - founded the concept of UTILITARIANISM

– assumes that all our actions are calculated inaccordance with their likelihood of bringing
pleasure and pain

- devised the pseudo-mathematical formula called “felicific calculus” which states that individuals
arehuman calculators who put all the factors into an equation in order to decide whether a
particularcrime is worth committing or not

- he reasoned that in order to deter individuals from committing crimes, the punishment, or pain,
mustbe greater than the satisfaction, or pleasure, he would gain from committing the crime
Utilitarianism

– is a philosophy which argues that what is right is the one that would cause the greatest good for
thegreatest 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 theconsequences of his actions by weighing the
pleasure (gain) and the pain (suffering) he would derive fromdoing the action.

3. NEOCLASSICAL CRIMINOLOGY

This theory modified the doctrine of free will by stating that free will of men may be affected byother
factors and crime is committed due to some compelling reasons that prevail. These causes arepathology,
incompetence, insanity or any condition that will make it impossible for the individual toexercise free
will entirely. In the study of legal provisions, this is termed as either mitigating
orexempting circumstances.

4. POSITIVIST SCHOOL OF CRIMINOLOGY

- The term “positivism”, refers to a method of analysis based on the collection of observable
scientificfacts.

- Positivists believe that causes of behavior can be measured and observed.

- It demands for facts and scientific proof, thus, changing the study of crimes and criminals
intoscientific approach.

- Positive theorists were the first to claim the importance of looking at individual difference
amongcriminals. These theorists who concentrated on the individual structures of a person, stated
thatpeople are passive and controlled, whose behaviors are imposed upon them by biological
andenvironmental factors.

August Comte - was a French philosopher and sociologist and is believed to be the one who reinvented
the Frenchterm sociologie.

- he was recognized as the “Father of Sociology and Positivism”.

THE (UN) HOLY THREE (3) OF CRIMINOLOGY

1. Cesare Lombroso

2. Enricco Ferri
3. Raffaelle Garofalo

Cesare Lombroso

- recognized as the “Father of Modern and Empirical Criminology” due to his application of
modernscientific 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
ofdevelopment)

- he claimed that criminals are distinguishable from non-criminals due to the presence of
atavisticstigmata 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,
thearm span of criminals is often greater than their height, just like that of apes who use their forearms
topush themselves along the ground.

- other physical stigmata include deviation in head size and shape, asymmetry of the face,
excessivedimensions of the jaw and cheekbones, eye defects and peculiarities, ears of unusual
size, nosetwisted, upturned or flattened in thieves, or aquiline or beaklike in murderers, fleshy lips,
swollen andprotruding, 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

• according to him, there are three (3) classes of criminals:

a. born criminals – individuals with at least five (5) atavistic stigmata

b. insane criminals – those who became criminals because of some brain defect which affectedtheir
ability to understand and differentiate what is right from what is wrong.

c. criminaloids - those with makeup of an ambiguous group that includes habitual criminals,criminals
by passion and other diverse types

Enricco Ferri

- he focused his study on the influences of psychological factors and sociological factors such
aseconomics, on crimes.

- He believed that criminals could not be held morally responsible because they did not
choose tocommit 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
psychologyequivalent, which he referred to as moral anomalies.
- He rejected the doctrine of freewil

- Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious Criminals.

THEORIES OF CRIME CAUSATION

1. BIOLOGICAL THEORIES

- this refers to the set of theories that point to physical, physiological and other natural factors as
thecauses for the commission of crimes of certain individuals.

- This explanation for the existence of criminal traits associates an individual’s evil disposition
tophysical disfigurement or impairment.

a. Physiognomy – the study of facial features and their relation to human behavior.

1. Giambiatista dela Porta - founder of human physiognomy - according to him criminal behavior may
be predicted based on facial features of the person.

2. Johann Kaspar Lavater

- supported the belief of dela Porta

- he believed that a person’s character is revealed through his facial characteristics. b.

Phrenology, Craniology or Cranioscopy

– the study of the external formation of the skull inrelation to the person’s personality and
tendencies toward criminal behavior.

- according to him, criminality is caused by the imbalance of the three (3) components
ofpersonality: 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
idimpulses are not social and must be repressed or adapted so that they may become sociallyacceptable

2. EGO – this is considered to be the sensible and responsible part of an individual’s personalityand is
governed by the “reality principle”; it is developed early in life and compensates for thedemands of the
id by helping the individual guide his actions to remain within the boundaries ofaccepted social
behavior; it is the objective, rational part of the personality

3. SUPEREGO – serves as the moral conscience of an individual; it is structured by what valueswere

taught by the parents, the school and the community, as well as belief in God; it is largelyresponsible for
making a person follow the moral codes of society
 3. SOCIOLOGICAL THEORIES - sociological factors refer to things, places and people with whom we
come in contact with andwhich play a part in determining our actions and conduct. These causes
may bring about thedevelopment 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 characterizedby disorder due to
lack of common values shared by individuals, lack of respect forauthority 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
peoplebecome criminals.

- according to this theory, individuals imitate the behavior of other individuals based onthe degree of
their association with other individuals and it is inferior or weak who tend toimitate the superior and
strong.

c. Adolphe Quetelet and Andre Michael Guerry - He repudiated the free will doctrine of the classicists -
founder of cartographic school of criminology.

- founder of moral statistics. - cartographic school of criminology made use of statistical data such as
population, age,gender, occupation, religious affiliations and social economic status and studies
theirinfluences and relationship to criminality.

MODERN SOCIOLOGICAL THEORIES OF CRIME CAUSATION - environmental factors such as the kind of
rearing or family upbringing, quality of teaching in school,influences of peers and friends, conditions of
the neighborhood, and economic and other societalfactors are believed to be contributory to crime and
criminal behavior.

1. SOCIAL STRUCTURE THEORIES- refers not only to the physical features of the communities but also to
the way society is organized.

- include such things as level of poverty and unemployment and the amount of crowded housingwhich
are believed to affect behavior and attitudes of individuals which in turn contribute to theircommission
of crimes.

- also called social environment- includes social disorganization theory, strain theory and cultural
deviance theory

a. Social Disorganization Theory - popularized by Clifford Shaw and Henry McKay.

- according to this theory, crimes in urban areas are more prevalent because residents haveimpersonal
relationships with each other

. - increase in the number of broken families and single parenthood are also very common
indisorganized communities.
- another feature of disorganized community is poverty as evidenced by poor living conditionssuch as
rundown houses, unsanitary and unsightly streets and high unemployment rates.

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 theycan
use to legally obtain them. This also argues that the ability to obtain these goals is classdependent;
members of the lower class are unable to achieve these goals which come easily tothose belonging to
the upper class. Consequently, they feel anger, frustration and resentment,referred to as STRAIN.

c. Cultural Deviance Theory- gives emphasis on the concept of culture and sub-culture. - according to
this theory, because people in the lower class feel isolated due to extremedeprivation or poverty, they
tend to create a sub-culture with its own set of rules and values.This is characterized by deviant
behavior which results in criminal behavior among itsmembers.

2. SOCIAL PROCESS THEORY- refers to a group of theories which point to the individual’s socialization
process as the cause for thecommission of crimes. These theories cite interaction with people and
experiences and exposure todifferent element in the environment as primary factors to criminality.

- under this theory is the social learning theory which in turn has three (3) sub-theories:
differentialassociation theory, differential reinforcement theory and neutralization theory.

a. Differential Association Theory- formulated by Edwin Sutherland- this theory states that criminal
behavior is learned through socialization.

- criminal behavior is learned in interaction with other persons in a process of communication. b.

Differential Reinforcement Theory

- according to this theory, individual’s behavior depends on how people around him react toward shis
behavior.

- an act that is rewarded is repeated; an act that is punished will be avoided. c. Neutralization Theory

- introduced by David Matza and Gresham Sykes

- sometimes referred to as “drift theory”- according to this theory, people know when they
are doing something wrong, however, theyrationalize and justify their actions. This rationalizing is
what we called “neutralization”.

3. SOCIAL REACTION THEORY - more commonly called labeling theory. - it states that people become
criminals when significant members of society label them as such and theyaccept those labels as a
personal identity.

4. SOCIAL CONTROL THEORIES- maintain that everyone has the potential to become criminal but most
people are controlled by theirbonds to society
 - social control refers to the agencies of social control such as family, school, religion or
church,government and laws and other identified authorities in society.

- there are two (2) sub-theories: containment theory and social bond theory.