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Course: Crim 1
Course Title: Introduction to Criminology
Course Credits: 3units
Contact Hours/week: 3hours
Pre-requisite: none
Course Description:
Course Outcomes: At the end of the trimester, the students are expected to have:
CRIMINOLOGY
-The entire body of knowledge regarding crimes, criminals and the effort of society to
prevent and repress them.
-The scientific study of the causes of crimes in relation to man and society who set and
define rules and regulations for himself and other to govern.
NATURE OF CRIMINOLOGY
1. It is an applied science.
2. It is a social science. Crime is a social creation and it exists in a society being a social
phenomenon.
3. It is dynamic. Criminology changes as a social condition changes. It is concomitant
with the advancement of other science that have been applied to it.
4. It is nationalistic. The study of crimes must be in relation with the existing criminal law
within a territory or country. The question as to whether an act is a crime is
dependent on the criminal law of a state.
A. Criminal etiology = the study of the Cause or origin of crime. It studies the primary
reason for crime commission.
B. Sociology of law = attempt at scientific analysis of the condition which the
penal/criminal laws has developed as a process of formal or social control.
C. Sociology = it is the study of human society, its origin, structure, functions and
direction.
D. Criminological research = study of the crime correlated to with antecedent
variables, state of crime trend.
Topic 2: Crimes
CRIME
- An act or omission in violation of public law forbidding or commanding it.
SUB-CLASSIFICATION OF CRIMES
a. FELONY
- An act or omission punishable by law which is committed by means or 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. 3) INFRACTION
- An act or omission in violation of a city or municipal ordinance.
Classes of Crimes
1. Crime Mala In Se = acts that are outlawed because they violate basic moral values
such as rape, murder, assault and robbery?
a. Intentional felony (IFI)
b. Non-intentional felony (IFN)
2. Crime Mala Prohibita = acts that are outlawed because they clash with current norms
and public opinion, such as tax, traffic and drug laws.
ELEMENT OF A FELONY
a) INTENTIONAL FELONIES:
- committed by means of dolo (deceit)
- The act or omission is performed with deliberate intent or malice
1) Freedom or voluntariness
2) Intelligence
3) Intent
b) CULPABLE 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
1) Freedom or voluntariness
2) Intelligence
3) Negligence or imprudence (lack of
Foresight or lack of skill)
Reactive hate crime = perpetrators believe they are taking a defensive stand
against outsiders who they believe threaten their community or way of life.
Retaliatory hate crime = offense committed in response to a hate crime, real or
perceived.
Statutory crimes =crimes defined by legislative bodies in response to changing
social conditions, public opinion, and custom.
Trill-seeking hate crime = hatemonger who join forces to have fun by bashing
minorities or destroying property; inflicting pain on others gives a sadistic thrill.
Victimless crimes = that violate the moral order but in which there in no actual
victim or target in these crimes which include drug abuse and sex offenses. It is society
as a whole and not an individual who is considered the victim.
White – collar crimes = illegal acts that capitalize on a person’s status in the
market place. It may involve theft, embezzlement, fraud, market manipulation restraint
of trade, and false advertising.
a.Acquaintance against robbery = robbery who focus their theft on people they know.
b. Arson = the intentional or negligent burning of a home, structure, or vehicle for
criminal purpose such as profit, revenge, fraud or crime concealment.
c. Arson for profit = people looking to collect insurance money, but who afraid or
unafraid to set the fire themselves, hire professional arsonist.
d. Arson fraud = a business owner burns his or her property, or hires someone to do it, to
escape financial problem.
e. Burglary = braking into and entering a home or structure for the purpose of
committing a felony.
f. Carjacking = theft of a car by force or threat of force.
g. Churning = a white collar crime in which a stockbroker makes repeated trades to
fraudulently increase his/her commission.
h. Commercial theft = business theft that is part of the criminal law; without such laws
the free enterprise system could not exists.
i. Grand larceny = theft of money or property of substantial values, punished as a felony.
j. Larceny = taking for one’s own use the property of another, by means other than
force or threats on the victim or forcibly breaking into a person’s home or workplace;
theft.
k. Petit (petty) larceny = theft of a small amount of money or property, punished as a
misdemeanor.
l. Pilferage = theft by employees through stealth or deception.
m. Robbery = taking or attempting to take something of value by force or threat of
force and /or by putting the victim in fear.
n. Shoplifting = the taking of goods from retailed store.
Topic 3: Criminal
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 already considered a criminal the moment he
committed a crime.
c) Professional criminals – these are highly skilled and able to obtain considerable
amount of money without being detected because of organization and contact
with other professional criminals.
3) On the basis of activities:
a) Professional criminals –those who earn their living through criminal activities.
b) Accidental criminals – those who commit criminal acts as a result of
unanticipated circumstance.
c) Habitual criminals – those who continue to commit criminal acts for such diverse
reason due to deficiency of intelligence and lack of control.
d) Situational criminals – those who are actually not criminals but get in trouble with
legal authorities because they commit crimes intermixed with legitimate
economic activities.
Other Criminal types
Career criminal = a person who repeatedly violates law and organized his or her
neighbors.
Professional criminals = offenders who make a significant portion of their income
for crime.
Professional fence = an individual who earns his or her living solely by buying and
retailing stolen merchandise.
Reasoning criminal = according to the rational choice approach, law-violating
behavior occurs when an offender decides to risk breaking the law after considering
both personal factors such as need for money, revenge, thrills and entertainment and
situational factors such as how well a target is protected and the efficiency of the local
police force.
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 exception must be made
as to the criminal liability. The definition of crimes together with the corresponding
punishment must be uniformly constructed, although there may be a difference in the
enforcement of a given specific provision of the penal law.
- Under the principle of the law of talion, the punishment should be the same as the
harm inflicted on the victim
Highlight of the Code of Hammurabi:
a) Compensation to the victim of a robbery by the authorities if the thief was not
caught
b) The killer is answerable not to the family of the victim but to the king
c) Death was the penalty for robbery, theft, false witness, building a house that falls
on its owner
(If the house should collapse and kill the owner’s son, the son of the builder
would be the one executed)
d) A son who struck his father would suffer the amputation of a hand
e) If in an assault a victim’s bone was broken, the same bone of the assailant would
be broken
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
Highlight of the Code of Drakon:
- Death was the punishment for almost every offense
- Murderers might avoid execution by going into exile; if they return to Athens, it was not
a crime to kill them
- Death penalty was administered with great brutality
4) LAWS OF SOLON
- Solon was appointed archon and was given legitimate 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
Highlights of the Laws of Solon:
- the thief was required to return stolen property and pay the victim a sum equal to
twice its value
- for the crime of temple robbery, the penalty was death
- for rape of a woman, the penalty was a fine of certain amount
- the Twelve Tables were drafted by the Decemvirs, a body of men composed of
patricians
Highlight of the Twelve Tables:
- if a man break another’s limb and does not compensate the injury, he shall be liable
to retaliation
- a person who committed arson of a house or a stack of com shall be burned alive
- judges who accepted bribes as well as those who bribed them were subject to
execution
- any act of treason was punishable by crucifixion
CLASSICAL CRIMINOLOGY
The classical school at criminology grew out of a reaction against barbaric
system of law, punishment and justice that existed. There was no real system of criminal
justice in Europe at that time. Some crimes were specified, some were not. judges had
discretionary power to convict a person for an act not even legally defined as criminal.
This school of thought is based on the assumption that individuals choose to
commit crimes after weighing the consequences of their actions. According to
classical criminologists, individuals havefree will. They can choose legal or illegal
means to get what they want, fear of punishment can deter them from committing
crime and society can control behavior by making the pain of punishment greater than
the pleasure of the criminal gains.
This theory, however, does not give any distinction between an adult and a
minor or a mentally-handicapped in as far as free will is concerned.
“It is better to prevent crimes than to punish them. That is the chief purpose of all
good legislation.”
JEREMY BENTHAM
- founded the concept of UTILITARIANISM - assumes that all our actions are
calculated in accordance with their likelihood of bringing pleasure and pain
- devised the pseudo-mathematical formula called “felicific calculus” which
states that individuals are human calculators who put all the factors into an
equation in order to decide whether a particular crime is worth committing or
not
- he reasoned that in order to deter individuals from committing crimes, the
punishment, or pain, must be greater than the satisfaction, or pleasure, he would
gain from committing the crime
-
Rational Choice theory = law violating behavior occurs when the offender decides to
risk breaking the law after considering both personal factors and situational factors.
Offense – specific = means that criminals does not simply engage in random acts of
anti-social behavior.
Offender-specific =means that criminals does not simply engage in random acts of anti-
social behavior.
Three essential elements in decision making as to commit or not to commit crime:
1) Type of crime
2) Time and place of crime
3) Target
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 their mitigating or exempting circumstances.
POSITIVIST CRIMINOLOGY
During the late eighteenth century, significant advances in knowledge of both
the physical and social world influenced thinkingabout crime.Forces of positivism and
evolutionism moved the field of criminology from philosophical to a scientific
perspective.
Positive theorist was the first to claim the importance of looking at individual
difference among criminals. These theorists focused on biological, psychological and
sociological causation of crime.
CESAR LOMBBROSO
- Considered the FATHER OF MODERN CRIMINOLOGY due to his application of
modern scientific methods to trace criminal behavior, however, most of his ideas
are now discredited
a) BIOLOGICAL DETERMINISM
this explanation for the existence of criminal traits associates an individual’s evil
disposition to physical disfigurement or impairment.
PHYSIOLOGY OR SOMATOTYPE
-this refers to the study of the body build of a person in relation to his
temperament and personality and the type of offense he is most prone to commit.
It became popular in the 1st half of the 20th century
f) Asthenic – lean, slightly built, narrow shoulders; their crimes are petty thievery
and fraud
g) Athletic – medium to tail, strong, muscular, coarse bones; they are usually
connected with crimes of violence
h) Pyknic – medium height, rounded figures, massive neck, broad face; they
tend to commit deception, fraud and violence
2) WILLIAM SHELDON
- formulated his own group of somatotype:
- he claimed that since families produce generations of criminals, they must have been
transmitting degenerate traits down the line
2) HENRY GODDARD
- he studied the lives of the KALLIKAK FAMILY and found that among the descendants
from MARTIN KALLIKAK’s relationship with a feeble-minded lady, there were 143 feeble-
minded and only 46 normal, 36 were illegitimate, 3 epileptic, 3 criminals, 8 kept brothels
and 82 died of infancy; his marriage with a woman from a good family produced
almost all normal descendants, only 2 were alcoholics, I was convicted of religious
offense, 15 died at infancy and no one became criminal or epileptic.
PSYCHOLOGICAL DETRMINISM
This explains the psychological determinants which define behavior of a person.
This idea has long been hatched by thinkers who were consumed by the belief that it is
the psychological equivalents that prod the person to act the way he does.
There are many ways to classify psychological theories emphasize emotional
problems, mental disorders, sociopathy and thinking patterns. But the common
assumption of these theories is that there is something wrong with the mind of the
offender which caused him to commit crimes.
From among the many theories regarding the relationship of psychology and
crime, the psychoanalytic theory by Sigmund Freud is the most notable:
m) ID – this stands for instinctual drives; the primitive part of the individual’s
mental make-up present ay birth; it is governed by the “pleasure principal”;
represent the unconscious biological drives for pleasure; the id impulses are
not social and must be repressed or adapted so that they may become
socially acceptable
2) PSYCHOSES
-a more serious type of mental disorder, which can be organic or functional
- psychotic people lose contact with reality and have difficulty distinguishing reality
from fantasy
- the most common type of psychosis are the following:
a) SCHIZOPRENIA – also called dementia praecox; characterized by distortion or
withdrawal from reality, disturbances of thought and language and withdrawal
from contact.
b) PARANOIA – gradual impairment of the intellect, characterized by delusions or
hallucination.
DELUSION OF GRANDEUR – a false belief that you are greater than everybody else
DELUSION OF PERSECUTION – a false belief that other people are conspiring to kill harm
or embarrass you
Albert Adler (1870-1937) = founder of individual psychology and called the term
“inferiority complex” --- people who have them feelings of inferiority and compensate
for them with a drive for superiority.
Erik Erikson (1902-1984) = described the so called “identity crisis” --- a psychological
state in which youth face inner turmoil and uncertainty about life roles.
August Aichorn= he conclude that societal stress, though damaging, could not alone
result in a life of crimes unless a predisposition existed that psychologically prepared
youth for antisocial acts. He called this mental state the latent delinquency, found on
youth whose personality requires acting in the following ways: (1) seek immediate
gratification, (2) consider satisfying their personal needs more important than relating to
others, and (3) satisfying instinctive urges without considering right and wrong (they lack
guilt)
- sociological factor refers to things, places and people with whom we come in
contact with and which play a part in determining our action and conduct. These
causes may bring about the development of criminal behavior
1) EMILE DURKHEIM
- one of the founding scholars of sociology
- published a book “Division of Social Labor”, which become a landmark work on
the organization of societies according to him:
a) crime is as normal a part of society as birth and death
b) crime is part of human nature because it has existed during periods of both
poverty and prosperity
c) as long as human differences exists which is one of the fundamental conditions
of society, it is but natural and expected that it will result to criminality
One of his profound contributions to contemporary criminology is the concept of
anomie, the breakdown of social order as a result of loss of standard and values
3) ADOLPHE QUETELET
- He repudiated the free will doctrine of the classicists
- He founded what is known as the CARTHOGRAPHIC SCHOOL OF CRIMINOLOGY,
together with ANDRE MICHAEL GUERRY
- This study used social statistical data and provided important demographic
information on the population, including density, gender, religious affiliations and
social economic status
- He found a strong influence of age, sex, climate condition, population
composition and economic status in criminality
4) ENRICO FERRI
- a member of the Italian parliament
- he believe that criminals could not be held morally responsible because they did not
chose to commit crimes but was driven to commit them by conditions of their lives
SOCIAL NORMS
- Also called rules of conduct
- shared standard of behavior which in turn require certain expectations of behavior in
a given situation
- Socially accepted and expected behavior or conduct in society
- set of rules that govern an individual’s behavior and action
SOCIALIZATION
- refers to the learning process by which a person learns and internalizes the ways of
society so that he can function and become an active part of society.
CULTURE
- refers to the system of values and meanings shared by a group of individuals including
the embodiment of those values and meanings in material object
- refers to the way of life, modes of thinking, acting and feeling
- it is a design of living that is transmitted from one generation to the next
Shaw and Mckay = works on social ecology (environmental forces that have a
direct influence on human behavior) as influence by urban sociologist Robert Ezra Park
and Ernes’t Burgess was focused on social how their breakdown influences deviant and
anti-social behavior. He popularized social disorganization theory.
2) STRAIN THEORY
- holds that crime is a function of the conflict between the goals people have and the
means they can use to legally obtain them
- 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 a STRAIN
- The commission of crimes with the aim of achieving these goals results from this conflict
Cultural transmission = the concept that conduct norms are passed down from one
generation to the next so that they become stable within the boundaries of a culture.
Social bond = ties a person has to the institutions and process of society:
according to Hirchi, elements of the social bond include commitment,
attachment, involvement, and belief.
Containment theory = according to Walter Reckless, it is the idea that strong self-
image insulates a youth from the pressures and pulls of crimogenic influences in
the environment.
3) SOCIAL REACTION THEORY
- Also called LABELING THEORY
- Holds that people enter into law-violating careers when they are labeled for their
acts and organize their personalities around the labels.
Negative labels have dramatic influence on self-image of offenders.