University of Iloilo

PHIINMA Education Network

College of Criminology

INTRODUCTION TO CRIMINOLOGY
Reviewer: Dr. Jesster P. Eduardo (22/05/10)

Introduction

Many professionals argue that criminology is not a discipline

in its own right. The argument pertains to criminology being
something of a hybrid: it was a mixture of things, an amalgation of
other fields – sociology, psychology; forensic medicine, legal
theory, anthropology and other areas of study.
When talking about whether criminology was a discipline in its
own right, as aforementioned, it was a hybrid of other disciplines
and it continues to involve other disciplines. Modern criminology is
highly differentiated in its theoretical, methodological and
empirical concerns.” Most recently, for example, it has added victim
studies or victimology.
The study of eugenics remained popular, especially in the
United States. Eugenics is the study of the improvement of the human
gene pool through various forms of social engineering. 1896 saw the
first eugenic marriage laws in the USA. Connecticut prohibited the
marriage of anyone who was known to be “epileptic, imbecile or
feeble-minded”.

Important Definitions

Criminology

It is the scientific study of crime as an individual and social

phenomenon. Criminology
is an advanced, theoretical field of study.  It can be defined as
the study of crime, the causes of crime (etiology), the meaning of
crime in terms of law, and community reaction to crime. 
The science of crime rates,
individual and group reasons for committing crime, and community or
societal reactions to crime.

Note: In 1885, Italian law professor Raffaele Garofalo coined the

term "criminology" (in Italian, criminologia). The French
anthropologist Paul Topinard used it for the first time in French
(criminologie) around the same time.

Applied Criminology
The art of creating typologies, classifications, predictions,
and especially profiles of criminal offenders, their personalities
and behavior patterns.

Theory Construction
An informed, creative endeavor which connects something known
with something unknown; usually in a measurable way.

Theoretical Integration
Efforts to come up with grand, overarching theories which apply
to all types of crime and deviance.
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Theoretical Specification
Efforts to figure out the details of a theory, how the
variables work together; usually associated with a belief that many,
competing theories are better than integrated efforts.

Theoretical Elaboration
Efforts to figure out the implications of a theory, what other
variables might be added to the theory; also associated with the
belief that theory competition is better than theoretical
integration.

Variables
The building blocks of theories; things that vary; things you
can have more or less of; e.g., crime rates, being more or less
criminally inclined (criminality).

Criminology in the Philppines

The first ever educational institution offering the criminology
course, is the Philippines College of Criminology, at Sta. Cruz,
Manila, formerly known as Plaridel College.
This pioneering College of criminology became scientific crime
detection in the whole of Southeast Asia, in the 1950’s. In the
early part of 1960’s, criminology course was offered by the
University of Manila, Abad Santos College, both in Metro Manila,
University of Visayas, Cebu City, University of Mindanao, Davao
City, University of Baguio.
On January 15, 1983, the author organized and founded the
Philippine Educators Association for Criminology Education (PEACE),
during the National Conference of Criminology Deans and School Heads
and Presidents, held at the University of Negros Occidental-
Recoletos, College of Criminology.
The primary objective of the PEACE is to professionalize
criminology education in the contex of national development.

The first set of officers PEACE:

1. Dean Cirilo M. Tradio, Founder/President
2. Police Colonel Felimon Mamaril, Executive VP
3. Dean Isaias Alma Jose of the PCCR, VP for Metro Manila
4. Dean Jose Maniwang of AUF, VP for Luzon
5. Dr. Eustaquio of Zamboanga Colleges VP for Mindanao
6. Mr.Artemio Panganiban of Cebu, VP for Visayas
7. Ben Floretino of NAPOLCOM, Secretary
8. Atty. Ernesto de los Santos, Univ. of Manila Treasurer
9. Policewoman Brig.Gen. Maria Luisa Dimayuga, Auditor
10. Police Colonel Jake Giron, PRO

Board of Advisers
1. NAPOLCOM Commissioner Arcadio S. Lozada
2. Dr. Enrique C. Galang of PCCR Graduate School
3. NAPOLCOM Commissioner Cecero C. Campos
4. Dr. Nilo Rosas, of the DECS (Now DepEd) Central Office
5. Constante Tavanlar of the NBI
6. NAPOLCOM Commissioner Alfredo Pagulayan.

Successful projects of PEACE from Jan. 13, 1983 to May, 1987:

1. Implementation of the first Licensure Examination for
Criminology;
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2. The recognition of the NAPOLCOM Police Examination by the Civil

Service Commission as eligibility for employment in all other
Government Civil Service Positions;
3. The accreditation of participants in the Seminar/Workshop on
Police Marksmanship for Instructional Purposes in all Criminology
Schools: and
4. The upliftment of Criminology Education in line with the
professionalization of the country’s police service.

Various studies and science related to Criminology

1. study of law
2. science of medicine, chemistry and psychology
3. religion
4. education
5. social work involving sociology and psychology
6. public administration

Similarly, Criminology includes the activities of the following

offices and agencies of the governments
1. legislative bodies and law makers
2. law enforcement agencies
3. courts and prosecution arms of the government
4. educational institutions like schools and colleges
5. correctional institution
6. public charitable and social agencies
7. public welfare agencies

Nature of Criminology
Generally, criminology cannot be considered a science because
it has not yet acquired universal validity and acceptance. It is not
stable and it varies from one time and place to another. However
considering that science is the systematic and objective study of
social phenomenon and other body’s knowledge, criminology is a
science in itself when under the following nature.
1. It is an applied science– use of instrumentation.
2. It is a social science– in as much as crime in social creation
that it exists in a society being a social phenomenon, its
study must be considered a part of social science.
3. It is dynamic– criminology changes as social condition changes.
4. It is nationalistic– the study of crimes must be in relation
with the existing criminal law within the territory or country.

Criminology, Criminal Justice and Criminalistics

Criminology
Study includes the incidence and forms of crime as well as its
causes and consequences as well as social and governmental
regulations and reactions to crime.
Criminology is an interdisciplinary field in the behavioural
sciences, drawing especially on the research of sociologists and
psychologists, as well as on writings in law.
Criminology is a rather broad field of study that encompasses
the study of law making, law breaking, and societal reactions to law
breaking. 

Principal Divisions of Criminology

1. Criminal Etiology- analysis of the causes of crime.
2. Sociology of Law- analysis of the conditions under which penal
or criminal laws are developed as a process of formal social
control.
 Essentials of Criminology|4

3. Penology- deals with the control and prevention of crime and

the treatment of youthful offenders.

Criminal Justice
Refers to the system used by government to maintain social
control, prevents crime, enforce laws, and administer justice. The
Philippine Criminal Justice System (PCJS): Law enforcement,
Prosecution, Courts, Corrections and Community are the primary
agencies charged with these responsibilities.

Note: When processing the accused through the criminal justice

system, government must keep within the framework of laws that
protect individual’s right. The pursuit of criminal justice is, like
all forms of "justice", "fairness" or "process", essentially the
pursuit of an ideal. In
the United States, Law enforcement, Courts, and Corrections are the
three (3) pillars of their criminal justice.

Criminalistics
Criminology and criminalistics are often mixed up in the minds
of the people. Comparatively speaking, criminology is the study of
criminal people, and criminalistics is the study of criminal things,
or the sum total of the application of all sciences in crime
detection.
A criminal commits crime by means of things, or that something
he left in the crime scene. Those things he used or left in the
crime scene are the objects of criminalistics known as evidence such
as but not limited to the following:
1. Blood and bloodstain
2. Firearms and other deadly weapons
3. Fingerprints and footprints
4. Tool marks and many more

Through R.A. 6506, a criminologist is any person who is a

graduate with the Degree of Criminology, who passes the examination
for criminology and is registered through Board of Examiners of the
PRC. The term criminologist is one who has been engaged in the
practice of criminology if he holds himself out to the public in any
of the following capacities.
1. As a professor, instructor or teacher in criminology in any
university, college or school duly recognized by the government
and teaches any of the following:
a. Law Enforcement
b. Criminalistics
c. Correctional Administration
d. Criminal Sociology and Applied Subjects
e. Other technical and specialized subjects in criminology.
2. As a law enforcement administrator, executive, adviser,
consultant or agent in any government or private agency.
3. As technician in any forensic science and other aspects of
crime detection.
4. As a correctional administrator, executive supervisor, worker
or officer in any correctional and penal institution.
5. As a counselor, expert, adviser, researcher in any government
or private agency or any aspect of criminal research or project
involving the causes of crime, juvenile delinquency, treatment
of offenders, police operations, law enforcement
administration, scientific criminal investigation or public
welfare administration.
 Essentials of Criminology|5

On the other hand, a criminalist is a person who is trained in

sciences of the application of instruments and methods, to the
detection of crime.

Instrumentation is the application of instruments and methods

of criminalistics to the detection of crime. It is otherwise known
as criminalistics although instrumentation means more than
criminalistics because it includes all technical methods by which
the fugitives may be traced, identified and examined.

Divisions of Criminalistics

There are six (6) divisions of criminalistics. The first three

are scientific and the other three are technological. The following
are:
1. Scientific
a. Chemistry
The original name for ciminalistics is Forensic Chemistry. E.x.
alcoholic analysis, toxicology, narcotic and substance abuse
testing, firearms discharge residues, etc
b. Physics
Duties of a physicist in a crime laboratory includes but not
limited to firearms identification, toolmark comparison, scientific
photography, traffic or vehicular accidents for the purpose of
finding out the speed and direction of vehicles, and use of X-Rays
to the detection of crime.
c. Biology
Biology is the study of living things. Deals with the origin,
history, physical characteristics, life, processes, habits, etc. of
plants and animals. The biologists in a police laboratory study all
kinds of living things- blood, semen, urine, hairs, and skin. He is
particularly skilled in the use of a microscope. His most important
role in criminalistics is to examine bloodstains in order to find
out if they are of human or animal origin.
2. Technological
a. Firearm Identification
It is sometimes wrongly called Ballistics.
b. Question Document Examination
Graphology or Handwriting analysis- aims to determine person’s
characteristics, traits and personality by the way a person writes
his/her letters and shapes of letters and words.
c. Fingerprint Identification

Others
a. Photography
b. Lie Detection or Polygraphy

Schools of Thought

Classical School (mid 18th century)

Cesare, Marquis of Beccaria-Bonesana (March 15, 1738 – November 28,

1794) an Italian philosopher and politician best known for his
treatise On Crimes and Punishments (1764), which condemned torture
and the death penalty and was a founding work in the field of
criminology.

Essay on Crimes and Punishments Includes

reforms to the criminal justice system which we now take for
granted, in particular: 1. the
 Essentials of Criminology|6

prompt administration of clearly prescribed and consistent

punishments,
2. well-publicised laws made by the legislature rather than
individual courts or judges,
3. the abolition of torture in prisons and the use of the penal
system to deter would-be offenders, rather than simply punishing
those convicted.
The work had a great success in the whole Europe, especially in
France and at the court of Catherine II of Russia.

Note: The judiciary reform advocated by Beccaria led to the

abolition of death punishment in the Grand Duchy of Tuscany, the
first Italian state taking this measure.

Jeremy Bentham (26 February 1748– June 6, 1832) was an English

jurist, philosopher, and legal and social reformer. He advocated
utilitarianism and fair treatment of animals that influenced the
development of liberalism.
He invented the panopticon, and other classical school
philosophers argued the following:

1. People have free will to choose how to act;

2. Deterrence is based upon the utilitarian ontological notion of

the human being a 'hedonist' who seeks pleasure and avoids
pain, and a 'rational calculator' weighing up the costs and
benefits of the consequences of each action; Punishment (of
sufficient severity) can deter people from crime, as the costs
(penalties) outweigh benefits, and that severity of punishment
should be proportionate to the crime.

3. The more swift and certain the punishment, the more effective
it is in deterring criminal behavior. The Classical school of
thought came about at a time when major reform in penology
occurred, with prisons developed as a form of punishment.

Positivist School
Presumes that criminal behaviour is caused by internal and
external factors outside of the individual's control. Scientific
method was introduced and applied to study human behavior.
Positivism can be broken up into three segments which include
biological, psychological and social positivism.

Cesare Lombroso, born Ezechia Marco Lombroso (November 6, 1836 –

October 19, 1909) was an Italian criminologist and founder of the
Italian School of Positivist Criminology.
Regarded as the "Father" of Criminology and has the largest
contributions to biological positivism through scientific approach,
insisting on empirical evidence, for studying crime Concepts
drawn from physiognomy, early eugenics, psychiatry and Social
Darwinism, Lombroso's theory of anthropological criminology
essentially stated that criminality was inherited, and that someone
"born criminal"' could be identified by physical defects, which
confirmed a criminal as savage, or atavistic. Enrico Ferri
A student of
Lombroso, believed that social as well as biological factors played
a role, and held the view that criminals should not be held
responsible for the factors causing their criminality were beyond
their control.
 Essentials of Criminology|7

Raffaele Garofalo (1851-1934)

An Italian jurist and a student of Cesare Lombroso. He rejected
the doctrine of free will and supported the position that crime can
be understood only if it is studied by scientific methods. He
attempted to formulate a sociological definition of crime that would
designate those acts which can be repressed by punishment. These
constituted "Natural Crime" and were considered offenses violating
the two basic altruistic sentiments common to all people, namely,
probity and pity.

The Italian School of Criminology was founded at the end of the 19th
century by Cesare Lombroso (1835–1909) and two of his Italian
disciples, Enrico Ferri (1856–1929) and Raffaele Garofalo (1851–
1934).

Lombroso identified three types of criminal:

1. Atavist- known as born criminal
2. Insane criminal- Alcoholic, kleptomaniac, nymphomaniac, and child
molesters.
3. Criminaloid- Criminaloids were further categorized as "habitual
criminals", who become so by contact with other criminals, or other
"distressing circumstances" (criminal by passion hot-headed and
impulsive persons who commit violent acts when provoked).

Cesare Lombroso (1835-1909)

Physician
1876 Wrote, The Criminal Man
During autopsy, certain physical stigmata was apparent,
concluded the certain number of theses indicated a born criminal,
atavistic criminal.

Stigmata Related to an Atavistic Criminal:

1. Deviation in head size and shape from type common to race and
region from which the criminal came.
2. Asymmetry of the face.
3. Eye defects and peculiarities.
4. Excessive dimensions of the jaw and cheek bones.
5. Ears of unusual size, or occasionally very small, or standing
out from the head as to those of a chimpanzee.
6. Nose twisted, upturned, or flattened in thieves, or aquiline or
breaks like in murderers, or with a tip rising like a peak from
swollen nostrils.
7. Lips fleshy, swollen, and protruding.
8. Pouch in the cheek like those of some animals.
9. Chin preceding, or excessively long, or short and flat, as in
apes.
10. Abnormal dentition.
11. Abundance, variety, and precocity of wrinkles.
12. Anomalies of the hair, marked by characteristics of the
opposite sex.
13. Defects of the thorax, such as too many or too few ribs,
or supernumerary nipples.
14. Inversion of sex characters in the pelvic organs.
15. Excessive length of arms.
16. Supernumerary fingers and toes.
17. Imbalance of the hemisphere of the brain (asymmetry of the
cranium).
 Essentials of Criminology|8

The Female Offender 1901

Most women are not criminal those that are, are most often
occasional criminals but, some women are atavistic criminal.

Chicago School The

Chicago School arose in the early twentieth century, through the
work of Robert Ezra Park, Ernest Burgess and other urban
sociologists at University of Chicago. In the 1920s, Park and
Burgess identified five concentric zones that often exist as cities
grow, including the "zone in transition" which was identified as
most volatile and subject to disorder.
In the 1940s, Henry McKay and Clifford R. Shaw focused on
juvenile delinquents, finding that they were concentrated in the
zone of transition.
Chicago School sociologists adopted a social ecology approach
to studying cities, and postulated that urban neighborhoods with
high levels of poverty often experience breakdown in the social
structure and institutions such as family and schools.

Other Important Contributors in Criminology

1. Adolphe Quetelet- made use of data and statistical analysis to

gain insight into relationship between crime and sociological
factors. He found that age, gender, poverty, education, and
alcohol consumption were important factors related to crime.
2. Rawson W. Rawson- utilized crime statistics to suggest a link
between population density and crime rates, with crowded cities
creating an environment conducive for crime.
3. Henry Mayhew- used empirical methods and an ethnographic
approach to address social questions and poverty, and presented
his studies in London Labour and the London Poor.
4. Emile Durkheim- viewed crime as an inevitable aspect of society,
with uneven distribution of wealth and other differences among
people.
5. Sir Alec John Jeffreys (in criminalistics) - fellow of the Royal
Society (FRS), born 9 January 1950 at Oxford in Oxfordshire is a
British Geneticist, who developed techniques for DNA
fingerprinting and DNA profiling.
6. Alphonse Bertillon- April 23, 1853 -February 13, 1914 was a
French law enforcement officer and biometrics researcher, who
created anthropometry, an identification system based on
physical measurements.
7. George Wilker- he said that criminology can never become a
science.
8. Edwin Sutherland- criminology today is not a science but it has
hope of becoming a science.
9. Willem Adrian Bonger- Dutch criminologist, Willem Bonger,
believed in a causal link between crime and economic and social
conditions. He asserted that crime is social in origin and a
normal response to prevailing cultural conditions.
10. Dr Charles Goring- his research published in 1913, which was
based on a statistical analysis of prisoners. The researcher,
argued from his findings that criminals were not qualitatively
different from other people but were simply on the extremes of
the line of normality.
 Essentials of Criminology|9

Sociology of Law
Divisions of criminology which attempt to offer scientific
analysis of the conditions under which penal or criminal laws
develop as a process of formal social control.

Two Types of Law

1. Natural laws are rooted in core values shared by many cultures.
Natural laws protect against harm to persons (e.g. murder, rape,
assault) or property (theft, larceny, robbery), and form the basis
of common law systems.
2. Statutes (Statutory Laws) are enacted by legislatures and reflect
current cultural mores, albeit that some laws may be controversial

Types and Definitions of Crime

1. Blue-collar crime
In criminology, blue-collar crime is any crime committed by an
individual from a lower social class as opposed to white-collar
crime which is associated with crime committed by individuals of a
higher social class.

2. Corporate crime
In criminology, corporate crime refers to crimes committed
either by a corporation (i.e., a business entity having a separate
legal personality from the natural persons that manage its
activities), or by individuals that may be identified with a
corporation or other business entity.

3. Organized crime or criminal organizations Are

groups or operations run by criminals, most commonly for the purpose
of generating a monetary profit.

4. Political crime
In criminology, a political crime is one involving overt acts
or omissions (where there is a duty to act), which prejudice the
interests of the state, its government or the political system. At
one extreme, crimes such as treason, sedition, and terrorism are
political because they represent a direct challenge to the
government in power.

5. Public order crime

In criminology public order crime is defined by Siegel (2004)
as "...crime which involves acts that interfere with the operations
of society and the ability of people to function efficiently", i.e.
it is behaviour that has been labelled criminal because it is
contrary to shared norms, social values, and customs.

6. State crime
In criminology, state crime is activity or failures to act that
break the state's own criminal law or public international law.

7. State-corporate crime
In criminology, the concept of state-corporate crime or
incorporated governance refers to crimes that result from the
relationship between the policies of the state and the policies and
practices of commercial corporations.

8. White-collar crime
Within the field of criminology, white-collar crime has been
defined by Edwin Sutherland "...as a crime committed by a person of
 Essentials of C r i m i n o l o g y | 10

respectability and high social status in the course of his

occupation.

9. Victimless crime
Victimless crime is a behavior of an individual which is
forbidden by law, but which neither violates nor significantly
threatens the rights of other individuals.

Victimless crime has the following applications:

 The victim is the accused.

 In common usage, victimless crime refers to behavior that is
illegal but which is claimed to not violate or threaten the
rights of anyone and may be associated with the implication
that the behavior should therefore not be illegal.
 In criminology, victimless crime is now termed public order
crime.
 In the law, case law has developed to discuss what used to be
termed "victimless" crime: It applies to adults, and
specifically not to minors who have not yet reached the age of
consent, where age of consent is relevant.

Crime and Criminal Law

Crime- is an act committed or omitted in violation of public
law forbidding or commanding it.
Criminal Law- is that branch or division of law which defines
crime, treats of their nature, and provides for their punishment.

Sources of Criminal Law

a. The Revised Penal Code (Act. No. 3815) and its amendments.
b. Special Penal Laws
c. Penal Presidential Decrees
Characteristics of Criminal Law
1. Generality
2. Territoriality
3. Prospectivity

History of Revised Penal Code

The Revised Penal Code was a revision of the Old Penal Code
through a committee which was created by Administrative Order No. 94
of the Department of Justice, dated October 18, 1927, composed of
Anacleto Diaz, as chairman, and Quintin Paredes, Guillermo Guevara,
Alex Reyes and Mariano H.de Joya, as members.
It is commonly known as the Revised Penal Code it became e
ffective since January 01, 1932. The Old Penal Code which was
modified by the committee, took effect in the Philippines on July
14, 1887, and was in force up to December 31, 1931.

Two Theories of the Penal Code

Classical Viewpoint
1. The basis of criminal liability is human free will and the
purpose of penalty is retribution.
2. Man is essentially a moral creature with absolutely having a
free will to choose between good and evil, thereby placing more
stress upon the effect or result of the felonious act than upon
the man, not the criminal himself.
3. Man should only be adjudged and held accountable from wrongful
acts so long as free will appears unimpaired.
 Essentials of C r i m i n o l o g y | 11

4. It has endeavored to establish a mechanical and direct

proportion between crime and penalty.

Positivist Viewpoint

1. Offender as an abstract being, and of prefixing for him,

through a series of hard and fast rules, a great multitude of
penalties with scant regard to the human element.
2. The positivist holds that man is subdued occasionally by
strange and morbid phenomenons which constrain a man to do
wrong inspite of or contrary to his volition.
3. Crime is essentially a social and natural phenomenon and as
such, it cannot be treated and checked by the application of
abstract principles of law and jurisprudence nor by the
imposition of a punishment fixed and determined a priori but
rather, through the enforcement of individual measures in each
particular case after a thorough, personal and individual
examination conducted by a competent body of psychiatrists and
social scientist.

Brief History of Philippine Criminal Law

Before the code of kalantiao was promulgated in 1433, the
People of Pre-Spanish Philippines had a customary and unwritten laws
only. Some of the most striking laws promulgated during this period
were:
a. Due respects to elders and parents
b. Strict obedience of children to their parents
c. Strict fulfillment of contract, and
d. Equality of husband and wife both socially and in the
control of their property
With the promulgation of the Code of Kalantiao, the penal laws
were made severe and extensive. According to the code, the penalties
for felonies and other misdemeanors were:
a. death,
b. incineration,
c. mutilation of fingers,
d. slavery, flagellation,
e. being bitten by ants,
f. swimming under water for a time and other disciplinanary
penalties.
The code likewise provide severe punishment to men who were
cruel to their wives, husbands who maltreated innocent wives were
sentence to death. Adultery, as well as the contracting of marriage
to very young girls was severely punished.

The following are some of the most significant attribute of the

Kalantiao Code:

I. Ye shall not kill; neither shall ye steal; neither shall ye

hurt the aged; lest ye incur the danger of death. All those
who infringe this order shall be condemned to death by being
drowned with stones in the river, or in boiling water.
II. Ye shall obey. Let all obey. Let your debts with headmen be
met panctualy. He who does not obey shall receive for the
first time one hundred lashes.
V. He, who does not comply, shall be beaten for one hour, he who
repeats the offense shall be exposed for one day among ants.
VI. Slavery of doam (certain period of time) shall be suffered by
those who steal away women of the headmen; by him who keeps
 Essentials of C r i m i n o l o g y | 12

ill-tempered dogs that bite the headman; by him who burns the
fields of another.
VII.All those, shall be beaten for two days, who sing while
traveling by night; kill the bird mana-ol; tear the documents
belonging to the headman……or mock the dead.
VIII.They shall be burned; those who by their strength, cunning
have mocked at and escaped punishment; or who kill young
boys; or to steal away the women of the agorangs (oldmen).

Felony as a Crime
Felony is an act and omission punishable by law specifically
revised Penal Code. Felony is committed not only by means of fault
(culpa) but also by means of dolo (deceit). (Art. 3, RPC)

Note: All felonies are crimes but not all crimes are felonies
because it could also be an offense or misdemeanor.

Legal Classification of Crimes or Felony

1. As to the manner of commission:
a. By means of dolo or deceit
b. By means of culpa or fault
2. As to the stages in the commission of crimes:
a. Attempted crime
b. Frustrated crime
c. Consummated crime
3. As to the plurality of crimes:
a. Simple crime – a single act constitute only one offense.
b. Complex crime – when single act constitute two or more grave or
less grave felonies or when an offense is a necessary means for
committing the other.
4. As to the gravity of penalty or offense:
a. Grave felonies
b. Less grave felonies
c. Light felonies
5. As to the basis of criminal act:
a. Crimes against national security and the law of nations.
b. Crimes against the fundamental laws of the state.
c. Crimes against public order.
d. Crimes against public interest.
e. Crimes relative to opium and other prohibited drugs.
f. Crimes against public morals.
g. Crimes committed by public officers.
h. Crimes against person.
i. Crimes against liberty and security.
j. Crimes against property.
k. Crimes against chastity.
l. Crimes against the civil status of persons.
m. Crime against honor.
n. Quasi-offenses

Criminological Classification of Crimes

1. As to the result of crimes:
a. Acquisitive crime– when the offender acquires something as a
consequence of his criminal acts.
b. Extinctive crime– when the end result of a criminal act is
destructive.
2. As to the time or period of commission:
a. Seasonal crime– those committed only during a certain period of
the year like violation of tax law.
 Essentials of C r i m i n o l o g y | 13

b. Situational Crime– those committed only when given the situation

conducive to its commission.
3. As to the length of time of commission:
a. Instant crime– those committed in a shortest possible time.
b. Episodic crime– those committed by a series of act in a lengthy
space of time.
4. As to the place of location of the commission:
a. Static crimes- those committed in one place.
b. Continuing crime– those committed in several places.
5. As to the use of mental faculties:
a. Rational crime
b. Irrational crime
6. As to the type of the offenders:
a. White collar crime – those committed by person of respectability
and upper socio-economic class in the course of their occupation
activities.
b. Blue collar crime– those committed by ordinary professional
criminal to maintain their livelihood.
7. As to the standard of living of the criminals:
a. Crime of the upper world– falsification cases
b. Crime of the under world– bag snatching

When does Crime exist?

Legal viewpoint- person has been proven guilty.
Scientific view point- crime exists when it is reported.

Some Distinctions

Between Crime, Sin and Immorality:

Crime- is against the penal law of a state.
Sin- is against the spiritual or divine law.
Immorality- is against the unwritten social norms in locality.
Crime- is nationalistic
Immorality- is regionalistic
Crime- is a crime because the law says so.
Overcriminalization- too many laws
Undercriminalization- not enough laws

Why must members of society be interested in crimes?

1. Crime is pervasive– Crime as an associate of society affects
almost all people.
2. Crime is expensive– the government and private sector spend an
enormous amount of money for crime detection, prosecution,
correction and prevention. Those expenses are other:
a. Direct expenses– those spent by government or private sector
for the maintenance or the police and security guards for
crime detection, prosecution and judiciary, support of
prison systems.
b. Indirect expenses– those expenses utilized to prevent the
commission of crimes like the construction of window grills,
fences, gate, purchase of door locks safety vaults, hiring
of watchmen, feeding of watchdog, etc.
3. Crime is destructive– many lives and properties have been lost
and destroyed.
4. Crime is reflective– crime rate or incidence in a given locality
is reflective of the effectiveness of the social defenses employed
by the people primarily of the police system.
5. Crime is progressive- increase in the volume of crime is on
account of the over increasing population.
 Essentials of C r i m i n o l o g y | 14

Criminals
Legal sense- a person has been found guilty through final verdict.
Criminology sense- a person is considered criminal the moment he
committed any anti-social act.

Criminal and Delinquent

Criminal- a person who has violated the penal law and has been found
guilty of the crime charges upon observing of the standard judicial
procedure.
Delinquent- a person who committed an act that is not in conformity
with the norms of society.

General Classification of Criminals

1. Criminals classified on the basis of etiology:
a. Acute criminal– person who violate criminal law because of the
impulse of the moment, fit of passion or anger or spell of extreme
jealousy.
b. Chronic criminal– person who acted in consonance with deliberate
thinking, such as:
b.1. Neurotic criminal– person whose action arise from intra-
psychic conflict between the social and anti-social components of
his personality. Ex. Kleptomania
b.2. Normal criminal– person whose psychic organization
resembles that of normal individuals except that he identified
himself with criminal prototype.
b.3. Criminality – caused by an organic pathological process.
2. Criminal classified on the basis of behavioral system:
a. Ordinary criminal– the lowest form of criminal career, they
engage only on conventional crimes which require limited skill and
they lack organization to avoid arrest and convictions.
b. Organized criminal- these criminal has a high degree of
organization to enable them to commit crimes without being detected
and committed to specialized activities which can be operated in
large scale business such as racketeering, control of gambling,
prostitution and distribution of prohibited drugs.
c. Professional criminal– they are highly skilled and able to obtain
considerable amount of money without being detected because of
organization and contract with other professional criminals. These
offenders are always able to escape conviction. They specialize in
the crime which requires skill games, pick-pocketing, shoplifting
sneak thievery counterfeiting and others.
3. Criminals classified on the basis of activities:
a. Professional criminal– those who earn their living through
criminals activities.
b. Accidental criminal– those who commit criminal acts as a result
of unanticipated circumstances.
c. Habitual criminal– those who continue to commit criminal acts for
such diverse reason due to deficiency of intelligence and lack of
self control
d. Situational criminal– those who are actually not criminals but
constantly in trouble with legal authorities because they commit
robberies, larcenies, and embezzlement which are intermixed with
legitimate economic activities.
4. Criminal classified as a basis of mental attitudes:
a. Active aggressive criminal– those who commit crime in an
impulsive manner usually due to the aggressive behavior of the
offender. Such attitude is clearly shown in crimes of passion,
revenge and resentments.
 Essentials of C r i m i n o l o g y | 15

b. Passive inadequate criminal– those who commit crimes because they

are pushed to it by inducement, by reward or promise without
considering its consequence. They are called “ulukan”
c. Socialized delinquent– those who are normal in their behavior but
merely defective in their socialization processes. To this group
belongs the educated respectable member of society who may turn
criminal on account of the situation they are involved.

Approaches and Methods in Criminology for Study of Crimes

1. The Biological Approach
It studies criminal through biological perspectives.
2. Psychogenic Approach
Emphasis is based on linking criminal behavior to mental state,
especially mental evidence disease; mental disorders, pathologies,
and emotional problems and they repeatedly assert that crime is
outcome of criminal mind. The root cause of the criminal behavior
neither environmental nor biological than question seems to be
unclear.
3. Multifactor Approach
Different crimes are result of different combination of the
factors.

Types of Explanation to Criminal Behavior

a. Single or Unitary Cause – Crime is produce only by one factor or
variable, they are either social, biological or mental. This theory
is no longer in use at present.
b. Multiple Factor Theory – Crime is a combination of several
factors. Some factors are playing a major reason while the other is
playing the minor role. This is the accepted theory of crime
causation.
c. Electric Theory – Crime is one instance maybe caused by one or
more factors, while in other instances it is cause by another set of
factors.

Different factor that enhances the development of criminal behavior

1. Criminal Demography – link of criminality and population.
2. Criminal Epidiomology – link of environment and criminality.
3. Criminal Ecology – relation of criminality to
spatial sharing in a community.
4. Criminal Physical Anthropology – criminality in
relation to physical constitution of men.
5. Criminal Psychology –human behavior in relation to criminality.
6. Victimology – study of the role of victim in the commission of
crime.

Early Explanation to the Existence of Criminality

1. Crime is caused by Demon
It is true during the pagan age. Wrongful act is attributed to
the will of devils or other supernatural beings.
2. Crime is caused by Divine Will
Men manifest criminal behavior because they are sinful so God
wants to punish them.
3. Classical School of Thought by Becarria
Men are fundamentally a biological organism with intelligence
and rationality which control their behavior. Before men do
something, they try to determine the amount of pain they will suffer
and the amount of pleasure they will receive. Their future actions
will depend on the algebraic sum of the two considerations if there
will be more pain than pleasure, they will desist from doing the
act.
 Essentials of C r i m i n o l o g y | 16

4. Neo-Classical School of Thought

Crimes are committed in accordance with the free will of men
but the act of committing a crime is modified by some causes that
finally prevail upon the person to commit crimes. These causes are
pathology, incompetence, insanity or any condition that will make it
possible for the individual to exercise the free will entirely.
5. Criminals are Born (Positive School of Thought) by Cesare
Lambroso, 1835-1909.
Criminals are born with some physical characteristic which
become the causes of crimes.

Crime in the Philippines

Criminologist has accepted that criminality tendencies and
behavior could be influenced by social conditions. In the
Philippines, crimes committed are invariably associated with some of
the following contributing factors such as:
1. Economic
2. Cultural influences
3. Environment
4. Social conditions, and
5. Individual personal temperaments
Geographically speaking, the Philippines is in the tropic zone
and theoretically Filipinos are hot-blooded people with very
volatile temperaments.
Sexual offenses ranging from rape, abduction, acts of
lasciviousness, and prostitution are prevalent in some different
localities of the country because the criminal behavior of the
people is greatly affected by poor economic and social conditions,
thus making the act as social phenomena.

Other Basic Causes of Crime

1. Hatred
2. Passion- general desires and passions.
3. Personal Gain- to improve life. “Get Rich Quick”.
4. Insanity
5. Revenge- This literally means to retaliate.
6. Unpopular Laws- Laws or ordinances that is ambiguous

Crime Theories
1. Biochemistry- oldest theory is known by many names: biological,
constitutional, genetic, and anthropological criminology. The oldest
field is criminal anthropology, founded by the father of modern
criminology, Cesare Lombroso, in 1876. Historically, theories of the
biochemistry type have tried to establish the biological inferiority
of criminals, but modern biocriminology simply says that heredity
and body organ dysfunctions produce a predisposition toward crime.
2. Psychological criminology has been around since 1914, and
attempts to explain the consistent finding that there is an eight-
point IQ difference between criminals and noncriminals. Other
psychocriminologists focus on personality disorders, like the
psychopaths, sociopaths, and antisocial personalities.
3. Ecological criminology was the first sociological criminology,
developed during the 1920s at the Department of Sociology at the
University of Chicago. Hence, it is also called Chicago School
sociology. Ecology is the study of relationships between an organism
and its environment, and this type of theory explains crime by the
disorganized eco-areas where people live rather than by the kind of
people who live there.
4. Strain, sometimes called by the French word anomie, is a 1938
American version of French sociology, invented by the father of
 Essentials of C r i m i n o l o g y | 17

modern sociology, Emile Durkheim (1858-1917). This type of theory

sees crime as the normal result of an "American dream" in which
people set their aspirations (for wealth, education, occupation, any
status symbol) too high, and inevitably discover strain, or goal
blockages, along the way. The only two things to do are reduce
aspirations or increase opportunities.
5. Learning theories tend to follow the lead of Edwin Sutherland's
theory of differential association, developed in 1947, although
ideas about imitation or modeling go back to 1890. Often
oversimplified as "peer group" theories, learning is much more than
that, and involves the analysis of what is positively and negatively
rewarding (reinforcing) for individuals.
6. Control theories in criminology are all about social control. It
focuses upon a person's relationships to their agents of
socialization, such as parents, teachers, preachers, coaches, scout
leaders, or police officers.
7. Labeling theory - labeling or shunning reaction.
8. Conflict theory holds that society is based on conflict between
competing interest groups; for example, rich against poor,
management against labor, whites against minorities, men against
women, adults against children, etc. These kind of dog-eat-dog
theories also have their origins in the 1960s and 1970s, and are
characterized by the study of power and powerlessness.
9. Radical theories, also from the 1960s and 1970s, typically
involve Marxist (referring to Karl Marx 1818-1883).
10. Left realism is a mid-1980s British development that focuses
upon the reasons why people of the working class prey upon one
another, that is, victimize other poor people of their own race and
kind.
11. Peacemaking criminology came about during the 1990s as the study
of how "wars" on crime only make matters worse. It suggests that the
solution to crime is to create more caring, mutually dependent
communities and strive for inner rebirth or spiritual rejuvenation
(inner peace).
12. Feminist criminology matured in the 1990s, although feminist
ideas have been around for decades. The central concept is
patriarchy, or male domination, as the main cause of crime.
13. Postmodern criminology matured in the 1990s, although
postmodernism itself (as a rejection of scientific rationality to
the pursuit of knowledge) was born in the late 1960s. It tends to
focus upon how stereotypical words, thoughts, and conceptions limit
our understanding, and how crime develops from feelings of being
disconnected and dehumanized. It advocates replacing our current
legal system with informal social controls such as group and
neighborhood tribunals.

Theoritical Explanation on Why People Commits Crime

1. Social Structure Theories
1.1. Social Disorganization (Neighborhoods)
Based on the work of Henry McKay and Clifford R. Shaw of the
Chicago School. Social disorganization theory postulates that
neighborhoods plagued with poverty and economic deprivation tend to
experience high rates of population turnover. Informal social
structure often fails to develop, which in turn makes it difficult
to maintain social order in a community.
1.2. Social Ecology
Since the 1970s, social ecology studies have built on the
social disorganization theories. Many studies have found that crime
rates are associated with poverty, disorder, high numbers of
abandoned buildings, and other signs of community deterioration.
 Essentials of C r i m i n o l o g y | 18

1.3. Strain Theory (Social Class)

Strain Theories have been advanced by Merton (1938), Cohen
(1955), Cloward and Ohlin (1960), Agnew (1992), and Messner and
Rosenfeld (1994). Strain may be either:

 Structural: societal level filters down and affect how the

individual perceives his or her needs. or
 Individual: this refers to the frictions and pains
experienced by an individual as he or she looks for ways to
satisfy his or her needs.

Robert Merton-suggests that mainstream culture, especially in

the United States, is saturated with dreams of opportunity, freedom
and prosperity; as Merton put it, the American Dream.
Albert Cohen-tied anomie theory with Freud's reaction formation
idea, suggesting that delinquency among lower class youths is a
reaction against the social norms of the middle class. From poorer
areas where opportunities are scarce, might adopt social norms
specific to those places which may include "toughness" and
disrespect for authority.
Robert Agnew-In the 1990s, self-generated norms, focused on an
individual's immediate social environment. Individual's actual or
anticipated failure to achieve positively valued goals, actual or
anticipated removal of positively valued stimuli, and actual or
anticipated presentation of negative stimuli all result in strain.
Richard Cloward and Lloyd Ohlin-suggested that deliquency can
result from differential opportunity for lower class youth. Such
youths may be tempted to take up criminal activities, choosing an
illegitimate path that provides them more lucrative economic
benefits than conventional, over legal options such as minimum wage-
paying jobs available to Steven F. Messner and Richard Rosenfeld
(1994). 1.4.
Subcultural theory
Focused on small cultural groups fragmenting away from the
mainstream to form their own values and meanings about life.
The primary focus is on juvenile delinquency because theorists
believe that if this pattern of offending can be understood and
controlled, it will break the transition from teenage offender into
habitual criminal.
Culture is all that is transmitted socially rather than
biologically, representing the norms, customs and values against
which behaviour is judged by the majority.

2. Individual Theories
2.1 Trait Theories
Biosocial and psychological trait theories have emerged in
modern criminology, as scientific knowledge of genetics,
biochemistry, and neurology has grown. Biosocial theorists believe
in equipotentiality and that genetics significantly influence human
behavior. They believe that biological factors, together with
environmental and social factors, influence a person's propensity
for crime.
2.2. Control Theories
Another approach is made by the social bond or social control
theory. Instead of looking for factors that make people become
criminal, those theories try to explain why people do not become
criminal.

Travis Hirschi identified four main characteristics:

1. Attachment to others
 Essentials of C r i m i n o l o g y | 19

2. Belief in moral validity of rules

3. Commitment to achievement and
4. Involvement in conventional activities

Hirschi expanded on this theory, with the idea that a person

with low self-control is more likely to become criminal. Social
bonds, through peers, parents, and others, can have a countering
effect on one's low self-control.
In criminology, Social Control Theory as represented in the
work of Travis Hirschi fits into the Positivist School, Neo-
Classical School, and, later, Right Realism. It proposes that
exploiting the process of socialization and social learning builds
self-control and reduces the inclination to indulge in behaviour
recognised as antisocial.

Four types of control:

 Direct: by which punishment is threatened or applied for

wrongful behaviour, and compliance is rewarded by parents,
family, and authority figures.
 Indirect: by which a youth refrains from delinquency through
the conscience or superego.
 Internal: by identification with those who influence
behaviour, say because his or her delinquent act might cause
pain and disappointment to parents and others with whom he
or she has close relationships.
 Control through needs satisfaction, i.e. if all an
individual's needs are met, there is no point in criminal
activity.

Social Control Theory (later also called Social Bonding Theory)

proposes that people's relationships, commitments, values, norms,
and beliefs encourage them not to break the law. Thus, if moral
codes are internalized and individuals are tied into, and have a
stake in their wider community, they will voluntarily limit their
propensity to commit deviant acts.
2.3. Symbolic Interactionism
Symbolic interactionism draws on the phenomenology of Edmund
Husserl and George Herbert Mead, as well as subcultural theory and
conflict theory. This school of thought focused on the relationship
between the powerful state, media and conservative ruling elite on
the one hand, and the less powerful groups on the other. The
powerful groups had the ability to become the 'significant other' in
the less powerful groups' processes of generating meaning.

3. Drift theory
David Matza (1964) also adopted the concept of free will.
Delinquent youth were neither compelled nor committed to their
delinquent actions, but were simply less receptive to other more
conventional traditions. Thus, delinquent youth were "drifting"
between criminal and non-criminal behaviour, and were relatively
free to choose whether to take part in delinquency.

4. Routine Activity Theory

Developed by Marcus Felson and Lawrence Cohen, drew upon
control theories and explained crime in terms of crime opportunities
that occur in everyday life. A crime opportunity requires that
elements converge in time and place including (1) a motivated
offender (2) suitable target or victim (3) lack of a capable
guardian.
 Essentials of C r i m i n o l o g y | 20

5. Anomie
In contemporary English, means a condition or malaise in
individuals, characterized by an absence or diminution of standards
or values. When applied to a government or society, anomie implies a
social unrest or chaos.
The word comes from Greek, namely the prefix a- “without”, and
nomos “law”.
Anomie is a reaction against or a retreat from the regulatory
social controls of society.
Anomie defined anything or anyone against or outside the law, or a
condition where the current laws were not applied resulting in a
state of illegitimacy or lawlessness.

Anomie = Lack of Regulation / Breakdown of Norms

6. Rational Choice Theory

Rational choice theory is based on the utilitarian, classical
school philosophies of Cesare Beccaria, which were popularized by
Jeremy Bentham. They argued that punishment, if certain, swift, and
proportionate to the crime, was a deterrent for crime, with risks
outweighing possible benefits to the offender.

Motives and Causes of Crime

from Criminology and other Fields
Theory
Demonology (5,000BC-1692AD)
Astrology (3500 BC-1630 AD)
Theology (1215 BC-present)
Medicine (3000 BC -present)
Education (1642-present)
Psychiatry (1795-present)
Psychoanalysis (1895-present)
Classical School of Criminology
(1690--)
Positive School of Criminology
(1840--)
Phrenology (1770-1875)
Cartography (1800-present)
Mental Testing (1895-present)
Osteopathy (1892-present)
Chiropractics (1895-present)
Imitation (1843-1905)
Economics (1818-present)
Case Study Approach (1909-
present)
Social Work (1903-present)
Sociology (1908-present)
Castration (1907-1947)
Motive
Demonic Influence
Zodiac/Planetary Influence
God's will
Natural illness
Academic underachievement/bad
teachers
Mental illness
Subconscious guilt/defense
mechanisms
Free will/reason/hedonism
Determinism/beyond control of
individual
Bumps on head
Geographic location/climate
Feeble-mindedness/retardation/low
IQ
Abnormalities of bones or joints
Misalignment of spine/nerves
Mind on mind crowd influences
Poverty/economic need/
consumerism
Emotional/social development
Community/individual relations
Social/environmental factors
Secretion of androgen from testes

Ecology (1927-present)
Transexualism (1937-1969)
Psychosurgery (1935-1959)
Culture Conflict (1938-1980)
Differential Association (1939-
present)
Anomie (1938-present)
Differential Opportunity (1961-
present)
Alienation (1938-1975)
Identity (1942-1980)
Identification (1950-1955)
Containment (1961-1971)
Prisonization (1940-1970)
Gang Formation (1927-present)
Behavior Modification (1938-1959) Reward/Punishment Programming
Social Defense (1947-1971)
Guided Group Interaction (1958-
1971)
Interpersonal Maturity (1965-
1983)
Sociometry (1958-1969)
Dysfunctional Families (1958-
present)
White-collar Crime (1945-present)
Control Theory (1961-present)
Strain Theory (1954-present)
Subcultures (1955-present)
Labeling Theory (1963-1976)
Drift (1964-1984)
Reality Therapy (1965-1975)
Gestalt Therapy (1969-1975)
Transactional Analysis (1961-
1974)
Essentials of C r i m i n o l o g y | 21
Relation of person with
environment
Trapped in body of wrong sex
Frontal lobe dysfunction/need
lobotomy
Conflict of customs from "old"
country
Learning from bad companions
State of normlessness/goal-means
gap
Absence of legitimate
opportunities
Frustration/feeling cut off from
others
Hostile attitude/crisis/sense of
sameness
Making heroes out of legendary
criminals
Outer temptation/inner resistance
balance
Customs and folkways of prison
culture
Need for acceptance, status,
belonging
Soft targets/absence of crime
prevention
Absence of self-
responsibility/discussion
Unsocialized, subcultural
responses
One's place in group network
system
Members "feed off" other's
neurosis
Cutting corners/bordering on
illegal
Weak social bonds/natural
predispositions
Anger, relative deprivation,
inequality
Criminal values as normal within
group
Self-fulfilling prophecies/name-
calling
Sense of limbo/living in two
worlds
Failure to face reality
Perception of small part of "big
picture"
No communication between inner
parent-adult-child
 Essentials of C r i m i n o l o g y | 22

Learning Disabilities (1952-1984)
Biodynamics (1955-1962)
Nutrition and Diet (1979-present)
Metabolism (1950-1970)
Biofeedback (1974-1981)
Biosocial Criminology (1977-1989)
The "New Criminology" (1973-1983) Ruling class oppression
Conflict Criminology (1969-
present)
Critical Criminology (1973-
present)
Radical Criminology (1976-
present)
Left Realism (1984-present)
Criminal Personality (1976-1980) 53 errors in thinking
Criminal Pathways Theory (1979-
present)
Feminism (1980-present)
Low Self Control Theory (1993-
present)
General Strain Theory (1994-
present)
School failure/relying on
"crutch"
Lack of harmony with environment
Imbalances in mineral/vitamin
content
Imbalance in metabolic system
Involuntary reactions to stress
Environment triggers inherited
"markers"
Structural barriers to class
interests
Segmented group formations
Inarticulation of theory/praxis
Working class prey on one another
Critical turning/tipping points
in life events
Patriarchial power structures
Impulsiveness, Sensation-seeking
Stress, Hassles, Interpersonal
Relations

Factors Affecting Development and Existence of Crimes and

Criminality

These factors are:

A. Geographic factors
B. Biological factor
C. Psychoanalytic and psychiatric factors
D. Sociological factors
E. Other criminogenic factors

A. The Geographical Factors

Geography and Crimes

1. North and South Pole– According to the Quetelet “Thermic Law of
Delinquency,” crimes against person predominate in the South Pole
and during warm season while crimes against property predominate in
the North Pole and cold countries.
2. Approach to the Equator– According to the Montesquieu (Spirits of
Laws, 1748) criminality increase in proportion as one approach the
equator and drunkenness increase as one approaches the north and
South Pole.
3. Season of the Year– Crimes against person is more in summer than
in rainy season. Climatic condition directly affects one’s
irritability and cause criminality. During dry season, people get
out of the house more, and there is more contact and consequently
more probability of personal violence.
4. Soil Formation– More crimes of violence are recorded in fertile
level lands than in hilly rugged terrain. Here are more
congregations of people and there is more irritation. There is also
more incidence of rape in level districts.
 Essentials of C r i m i n o l o g y | 23

5. Month of the Year– there is more incidences of violent crimes

during warm months from April up to July having its peak in May.
This is due to May Festivals, excursion, picnics and other sorts of
festivities wherein people are more in contact with one another.
6. Temperature– According to Dexter, the number of arrest increases
quite regularly with the increase of temperature affects the
emotional state of the individual and leads to fighting. The
influence of temperature upon females is greater than upon males.
7. Humidity and Atmosphere Pressure– According to survey, large
numbers of assaults are to be found correlated with low humidity and
a small number with high humidity. It was explained that low and
high humidity are both vitality and emotionally depressing to the
individual.
8. Wind Velocity– under the same study, it was explained that during
high wind, the number of arrest were less. It may be due to the
presence of more carbon dioxide in the atmosphere that lessens the
vitality of men to commit violence.

B. Biological Factors
A man as a living organism has been the object of several
studies which has the purpose of determining the causes of his
crimes.

Anthropological Criminology

It is sometimes referred to as criminal anthropology, literally

a combination of the study of the human species and the study of
criminals. Based on perceived links between the nature of a crime
and the personality or physical appearance of the offender.

Theories of Criminal Anthropology

1. Physiognomy- founded by J. Baptiste Della Porte.

The physiognomist Johann Kaspar Lavater (1741-1801) was one of
the first to suggest a link between facial figures and crime. Victor
Hugo referred to his work in Les Misérables, about what he would
have said about Thénardier's face. The philosopher Jacob Fries
(1773–1843) also suggested a link between crime and physical
appearance when he published a criminal anthropology handbook in
1820.
Physiognomy is a theory based upon the idea that the assessment
of the person's outer appearance, primarily the face, may give
insights into one's character or personality.
 Essentials of C r i m i n o l o g y | 24

2. Phrenology-from Greek: "mind"; and logos, "knowledge") is a

theory which claims to be able to determine character, personality
traits and criminality on the basis of the shape of the head (i.e.,
by reading "bumps" and "fissures").
Franz Joseph Gall then developed in 1810 his work on
craniology; in which he alleged that crime was one of the behaviors
organically controlled by a specific area of the brain.
In 1843, François Magendie referred to phrenology as "a pseudo-
science of the present day"
Phrenology is based on the concept that the brain is the organ
of the mind, and that certain brain areas have localized, specific
functions or modules.
Phrenology, which focuses on personality and character, should
be distinguished from craniometry, which is the study of skull size,
weight and shape, and physiognomy, the study of facial features.

3. Study of Physical Defects and Handicapped in relation to crimes–

Leaders of notorious criminal groups are usually nicknamed in
accordinance with their physical defects and handicapped such as
funny words “Dodong Pilay”, “Ashiong Bingot”, “Densiong Unano”,
“Roger Komaang” and others.
4. Study of Kretschmer by classifying Types of Physique and type of
crimes they are prone to commit:
a. Pyknic Type- those who are stout and with round bodies. They tend
to commit deception, fraud and violence.
b. Athletic Type- those who are muscular and strong. They are
usually connected with crimes or violence.
c. Asthenic Type- those who are skinny and slender. Their crimes are
petty thieves and fraud.
d. Dysplastic or Mixed Type– those who are less clear evident having
any predominant type. Their offenses are against decency and
morality.

5. Study of William Sheldon (Varieties of Delinquent Youth)

Somatotype Theory
a. Ectomorphic- long arms and legs and a short upper body and narrow
shoulders, and supposedly has a higher proportion of nervous tissue.
They also have long and thin muscles. Ectomorphs usually have a very
low fat storage; therefore they are usually referred to as slim.
b. Mesomorphic- characterized by a high rate of muscle growth and a
higher proportion of muscular tissue. They have large bones, solid
torso combined with low fat levels. It is also noted that they have
wide shoulders with a narrow waist.
c. Endomorphic- characterized by an increased amount of fat storage,
due to having a larger number of fat cells than the average person,
as well as higher proportion of digestive tissue.

Study of Heredity as the Cause of Crimes

The common household expression like “it is in the blood” “like
father like son”.

The following are some proofs to show the role of heredity in the
development of criminality:

1. Study of Kallikkak Family Tree - Henry H. Goddard

He is known especially for his 1912 work The Kallikak Family: A
Study in the Heredity of Feeble-Mindedness. He also introduced the
term "moron" into the field.
 Essentials of C r i m i n o l o g y | 25

Goddard invented the pseudonym Kallikak by combining a Greek

root meaning "beauty" (kallos) with one meaning "bad" (kakos). The
lesson was clear and dramatic: the study linked medical and moral
deviance and fused the new mendelian laws with the old biblical
injunction that "the sins of the fathers shall be visited on the
sons."
2. Study of Juke Family Tree (Dugdale and Estabrook)
The 19th-century view of "degeneracy" (roughly synonymous with
"bad heredity") led theorists to conceive of social problems such as
insanity, poverty, intemperance, and criminality — as well as idiocy
— as interchangeable. This view was expounded in The Jukes: A Study
in Crime, Pauperism, Disease, and Heredity (Richard Dugdale, 1875),
a study of a rural clan that "over seven generations produced 1,200
bastards, beggars, murderers, prostitutes, thieves and syphilitics."

From Juke Family:

a. 310 who died as paupers,

b. 150 were criminals,
c. 7 were murderers,
d. 100 were drunkards, and more than half of the women were
prostitutes.

3. Study of Sir Jonathan Edwards Family Tree

Sir Jonathan Edwards was a famous preacher during the colonial
period. Then his family tree was traced none of the descendants was
found to be criminal.

From Edwards Family:

a. practically no lawbreakers
b. more than 100 lawyers, 30 judges
c. 13 college presidents and hundred and more professors
d. 60 physicians
e. 100 clergymen, missionaries, and theological professors
f. 80 elected to public office, including 3 mayors, 3 governors,
several members of congress, 3 senators, and 1 vice president
g. 60 have attained prominance in authorship or editorial life, with
135 books of merit
h. 75 army or navy officers
i. An addendum of a family found after the book was in type reports
2 more physicians and a comptroller of the U.S. treasury.

C. Psychoanalytic and Psychiatric Factors

Definition
a. Psychoanalytic – the analysis of human behavior.
b. Psychiatry – the study of human mind.

Various Studies of the human behavior and mind in relation to the

causes of crimes

1. Aichorn in his book entitled Wayward Youth, 1925 said the cause
of crime and delinquency is the fault development of child during
the first few years of his life (faulty ego-development)
2. Abrahamsen in his crime and the human mind, 1945 explained the
causes of crime through formula (CB = CT + Inducing situation / PMRT
3. Cyrill Burt (Young Delinquent, 1925) gave the theory of General
emotionality. Excess or a deficiency of a particular instinct
account for the tendency of many criminals to be weak willed or
easily led. Callous type of offenders may be due to the deficiency
 Essentials of C r i m i n o l o g y | 26

in the primitive emotion of love and an excuse of the instinct of

hate.
4. Healy (individual Delinquency) claimed that crime is an
expression of the mental content of the individual. Frustration of
the individual causes emotional discomfort; personality demands
removal of pain and pain is eliminated by substitute behavior, that
is, crime delinquency of the individual.
5. Bromberg (Crime and the mind, 1946) claimed that criminality is
the result of emotional immaturity.
6. Sigmund Freud (The Ego and the Id., 1927) in his Psychoanalytical
theory of human personality and crimes has the following
explanations.
a. Id-pleasure principle Selfishness, violence, and anti-social
wishes are part of the original instinct of man.
b. Ego- The child begins to acquire an awareness of one self-
instinct from the environment. Decisions are reached in terms of
reality principle.
c. Super Ego-means the conscience of man. The super-ego tries to
correct or control the ego and may be represented by the voice of
God. Moral truth, Commandments of society, good for the whole will
of the majority, cultural conventions and other rules.

The Gianell Index of Criminality

This criminosynthesis explain the reason why a person may
commit a crime and inhibit him self from doing so under the
following conditions:

1. Need Frustration
2. Internal Inhibition- It refers to all types of internal forces
which may prevent a person from committing a crime.Ex. respect.
3. External Inhibition- This refers to all type of external forces
which may prevent an individual from committing crime. Ex. disgrace
in the community or punishment.
4. Contact with Reality - This refers to the extent to which the
person can learn from his past experiences, especially his past
mistake and foresee the consequence of his present action in
relation to his future.
5. Situation Crime Potential (opportunity)-This refers to the
cultural opportunity to commit the crime, that is to the easiness or
possibilities to commit a crime offered by a given place, situation
person or environment.
6. Potential Satisfaction- This refers to the balance and loss that
a person may experience if he commits a given crime. If a person has
nothing to lose, he is more likely to commit the crime.

Psychiatry
Is a branch of medicine which exists to study, prevent, and
treat mental disorders in humans.

Mental Disturbance as Cause of Crimes

1. Mental Deficiency – a condition or incomplete development of the

mind existing before the age of 18, whether arising from the
inherent causes or induce by disease or injury. Mentally deficient
person are prone to commit malicious damage to property and
unnatural sex offenses. They may commit violent crimes but
definitely not crimes involving the use of mentality.

Classes of Mental Deficiency:

a. Idiot– Their mentality is compared to a 2 years old person.
 Essentials of C r i m i n o l o g y | 27

b. Imbecile– Their mentality is like a child of 2 to 7 years old.

c. Feeble-minded Person– Not amounting to imbecility is yet so
pronounce that they required care, supervision and control for their
own or for the protection of others.
d. Schizophrenia– this is something called dementia praecox which is
a form of psychosis characterized by thinking disturbance and
regression to a more relatively impaired and intellectual functions
are well preserve. The personal appearance is dilapidated and the
patient is liable to impulsive acts, destructively and may commit
suicide.
e. Compulsive Neurosis– this is the uncontrollable or irresistible
impulse to do something.

This neurosis maybe in the following forms:

1. Pyromania– compulsive desire to set fire.
2. Homicidal Compulsion– the irresistible urge to kill somebody.
3. Kleptomania– the completive desire to steal.
4. Dipsomania– the compulsive desire to drink alcohol.

f. Psychopathic Personality– this is the most important cause of

criminality among youthful offenders and habitual criminals. This is
characterized by infantile level of response lack of conscience,
deficient feeling of affection to other and aggression to
environment and other people.

g. Epilepsy– this is a condition characterized by conclusive seizure

and a tendency to mental deterioration. The seizure may result to
extreme loss of consciousness. During the attack the person become
muscularly rigid, respiration cases, froth on the mouth and tongue
maybe bitter. Just before the actual convulsion, there may be mental
confusion, hallucination or delusion and may commit violent crimes
with out provocation. After the attack, the person may be at the
state of altered consciousness and may wonder from one place to
another and inflict bodily harm.

Types of Epilepsy
1. Grand Mal– there is complete loss of consciousness and general
contraction of the muscles.
2. Petit Mal– mild or complete loss of consciousness and contraction
of muscles.
3. Jackonism Type– localized contraction of muscle with or without
loss of consciousness.

h. Alcoholism– this is a form of vice causing mental disturbance.

Person is under the influence of liquor may commit violent crimes
and inflict physical injuries. Habitual drunkard may commit suicide,
sex offence and exquisites crimes. Young children, likewise, may
become delinquent.

i. Drug Addiction– this is another form of vice which cause strong

mental disturbance.

D. Sociological Causes of Crimes

Sociological causes refer to things, place and people with whom
we come in contact which play a part in determining out actions and
conduct.

Sociological Theories of the Causes of Crimes

1. Differential Association Theory (DAT)
 Essentials of C r i m i n o l o g y | 28

In criminology, Differential Association(1883–1950) is a theory

developed by Edwin Sutherland proposing that through interaction
with others, individuals learn the values, attitudes, techniques,
and motives for criminal behavior.
He was the author of the leading text Criminology, published in
1924, first stating the principle of differential association in the
third edition retitled Principles of Criminology. He coined the
phrase white-collar criminal in a speech to the American
Sociological Association on December 27, 1939.

Note: Edwin Sutherland was known as the Father of American

Criminology
2. Differencial Identification Theory by Daniel Classer
A person with the propensities of becoming a thief will
consider thieves as their ideal person to identify themselves. It
may be done by identifying themselves with character in movies,
radio and televisions.
3. Imitation-Suggestion, Theory of Gabriel Tarde
The learning process may either be conscious type of copying
(imitation) or unconscious copying (suggestion) of confronting
patterns of behavior.
4. Differential Social Organization Theory
This is sometimes called social disorganization; there is
social disorganization when there is a social change, conflict of
values between the new and the old. ;
There is lack of well-defined limit to behavior, a breakdown of
rules and absence of definite role for the adolecence to play.
5. Conflict of Culture Theory by Thorsten Sellin
It was emphasized that the multiflicity of flicting culture is
the principal source of social disorganization. The high crime and
delinquency rates of certain ethics or racial group is explained by
theire exposure to diverse and incongruent standards and codes of
larger society.
6. Containment Theory by Reckless
Accordingly, criminality is brought about by the inability of
the group to contain the behavior of its group and that of effective
containment of the individual into the value of system and structure
of society will minimize the crime.

Other Sociological Causes of Crime

1. Lack of Parental Guidance- today’s delinquent is tomorrow’s
Criminal.
2. Broken Homes and Family
3. Injuring Status of Neighborhood
The residence is slum or impoverished areas will lower the
social status of the child. As a rule, people are influenced by
these surroundings and often get in trouble.
4. Bad association with Criminal Groups
The old age that says, “One bad apple will spoil a barrel of
good ones”.
5. Lack of Recreational Facilities for Proper use of Leisure Time
An idle mind is the devil’s workshop.
6. Lack of Employment

E. Other Criminogenic Factors or Causes of Crimes

a. Failure of the School in Character Development of the Children

and the Youth.
 Essentials of C r i m i n o l o g y | 29

b. The Mass Communication Media develop an artificial environment of

crimes and delinquency and influence the public to violate the law.

c. Political causes may bring about on artificial set or crime

1. There are too many laws and ordinances passed and violated.
2. The police and other law enforcement agencies are enforcing the
laws carelessly and the people are impressed with the idea that they
can break the law with impunity from punishment and arrest.
3. Leniency of the courts to imposed stiffer penalties which
encourage commission of crimes etc...

Penology
It is concerned with the control and prevention of crime and
the treatment of youthful offenders.

Penologist
A person who studies the science or art of punishment.

Retribution
Many of the early professional specialists were experts at
execution, torture, and mutilation.  The Code of Hammurabi (circa
1700 B.C., often cited as the world's first legal code) justice is
in the form of "life for life, eye for eye, tooth for tooth, hand
for hand, foot for foot, burning for burning, wound for wound, and
stripe for stripe". 

Exodus 21:23-25
Punishment of this type follows the principle of lex talionis
(the law of retaliation), and it is based on the notion of talion
(or equivalence between crime and its punishment).

Principles in the Philosophy of Retribution

1. Proportionality
2. Just desert-is the right term if we consider the culpability
(degree of intent or willfulness) of each offender in addition to
the ranked seriousness of their offense.Punishment is deserved with
no idea of vengeance or ritribution. 
3. Equity-if we take consistency to the extreme and see to it that
all offenders who commit the same crime with the same degree of
culpability get exactly the same punishment.
4. Reciprocity-if we look at the punishment as a natural part of the
social order and feel satisfied that the offender has been
appropriately punished. 
5. Retributive-if the offender happens to agree with the
appropriateness of the punishment, or at least accepts some blame or
shows remorse, or the upholding of human dignity through the mutual
acceptance of a fair and just punishment.  Simply called the justice
model by David Fogel (1975) in the book, We Are the Living Proof:
The Justice Model for Corrections.  Basically, the justice model is
a rejection of all hopes for rehabilitation and the indeterminate
sentence. 

Utilitarianism The
philosophy of utilitarianism developed at a time in history when
intellectuals were concerned with the idea of social contract. 
Social Contract
consists basically of the doctrine that an individual is only bound
to society by their consent, and that through this consent (often
implied if the person remains in that society and doesn't move),
 Essentials of C r i m i n o l o g y | 30

society has a reciprocal responsibility to them (such as protecting

their life, property, and welfare).  Such intellectuals as
Montesquieu (1689-1755), Voltaire (1694-1778), Rousseau (1712-1778),
Beccaria (1738-1794), and Bentham (1748-1832) all played a large
part in shaping the philosophy of utilitarianism, as did others. 

Utilitarian Perspective The

root word in utilitarianism is "utility" which means
"useful." Punishment exists to ensure the continuance of society and
to deter people from committing crimes.  Deterrence comes, not from
trying to be harsh, but from punishment that is appropriate
(severity), prompt (celerity), and inevitable (certainty).  Prisons
and penology are of particular interest to utilitarians because
prisons are supposed to be the least costly way to accomplish "pain
with a purpose." 

Division of Utilitarianism

1. Act-utilitarianism-if something is useful (its consequences turn

out to be desirable) in the short-run. 
2. Rule-utilitarianism-if something is useful in the long-run
(establishes a precedent to follow). 

Kinds of Deterrence

1. Specific Deterrence (Individual Deterrence) often takes the form

of an older principle called incapacitation.  The idea is to make it
impossible for an individual to commit another crime, at least while
they're in prison.  Specific deterrence calls for inmates to be
closely guarded and monitored at all times.  In fact, Bentham
proposed a type of prison system known as the Panopticon design
(Panopticon means all-seeing eye). 

2. General Deterrence (Societal Deterrence) is what most people mean

when they speak of deterrence.  The principle here is that others
(potential criminals) will want to avoid criminal behavior because
of the example provided by punishment.  This kind of goal makes
prisons as responsible for crime prevention as police are expected
to be. 

Redemption and Restorative Justice

Restorative justice approaches are sometimes called

communitarian, reintegrative or redemptive approaches try to
maximize forgiveness, hope, accountability, and positive outcomes
for all parties, especially but not limited to communities which
have experienced the most harm and could benefit the most from harm
reversal.  The
Catechism of the Catholic Church (Article 5, section 2266) provides
the classic statement on redemption as a philosophy of punishment.

Punishment

Capital Punishment (before penal servitude)

Death
Many, in fact most, death sentences were not carried out.
Through benefit of clergy, use of pardons, and respited sentences
due to pregnancy or in order to perform military or naval duty, many
of those sentenced to death were not actually executed.
 Essentials of C r i m i n o l o g y | 31

a. Death with Dissection and Hanging in Chains

b. Death by hanging

Some Methods of Capital Punishment

a. Asphyxiation (or strangulation)

b. Boiling to death
c. Burning, for religious heretics and witches on the stake
d. Breaking wheel
e. Burial (alive, also known as the pit)
f. Decapitation, or beheading (as by sword, axe or guillotine)
g. Drowning
h. Electrocution (also electric chair)
i. Exposure in animal skin
j. Guillotine
k. Poisoning ( natural poisons)
l. Sawing
m. Shooting can be performed either
n. Slow slicing
o. Stabbing
p. Starvation and Dehydration (sometimes as immurement)
q. Stoning
r. quartering (through horses, dogs, crocodiles, insects etc.)
s. death flights

Punishments used in the 18th and 19th century

Transportation
Transportation was when convicts were sent out to the British
colonies in the Americas and Australia and either sold into slavery
(America) or forced to fend for themselves and live in penal
colonies (Australia).

Branding The
offender was scarred with a hot iron on the flesh part of the hand
or on the cheek. A murderer would be branded with the letter 'M',
vagrants with the letter 'V' and with the letter 'S' for slave.
Note: Branding was
abolished in 1799.

The Pillory
Is one of the most popular punishments of the later 17th
century.
Note: The Pillory was eventually abolished in 1837.

Corporal Punishment
Corporal Punishment was retained as a punishment for a lot
longer than either the stocks or the pillory.

Forms of Corporal Punishment

a. Whipping- whipping post- cat-o-nine-tails

b. Public humiliation-for women who had been accused of scandalous
language, gossip or nagging there was a contraption, known as the
'scolds bridle' or 'brank'. One of the most vicious forms of
corporal punishment was the 'Scavengers Daughter' (body clamp).

The Development of Prison as a Punishment

At the beginning of the 19th century there was a growing
disinclination in England of imposing any public punishment such as
whipping and the gallows, this led to a growing use of confinement
 Essentials of C r i m i n o l o g y | 32

as punishment.
In 1808 Samuel Romily led a campaign to restructure the
criminal law system by radically decreasing the use of the death
penalty.

Imprisonment as a Modern form of Punishment

A prison, penal penitentiary, or correctional facility is a
place in which individuals are physically confined or interned and
usually deprived of a range of personal freedoms. Prisons are
conventionally institutions which form part of the criminal justice
system of a country, such that imprisonment or incarceration is a
legal penalty that may be imposed by the state for the commission of
a crime. In
popular parlance of many countries, the terms jail or gaol are
considered synonymous with prison, although legally these are often
distinct institutions. The
first "modern" prisons of the early 19th Century were sometimes
known by the term "penitentiary" (a term still used by some prisons
in the USA today): as the name suggests, the goal of these
facilities was that of penance by the prisoners, through a regimen
of strict disciplines, silent reflections, and maybe forced labor on
treadwheels and the like (Auburn system).

Bureau of Correction in the Philippines

The main penitentiary was the Old Bilibid Prison on
Oroquieta Street in Manila, which was established in 1847. It was
formally opened on April 10, 1866 by a Royal Decree. 
About four years later, on August 21, 1870, the San Ramon
Prison and Penal Farm in Zamboanga City was established to confine
Muslim rebels and recalcitrant political prisoners opposed to the
Spanish rule. The facility, which faced the Jolo Sea, had Spanish-
inspired dormitories and was originally set on a 1,414-hectare
sprawling estate.
When the Americans took over in the 1900s, the Bureau of
Prisons was created under the Reorganization Act of 1905 (Act No.
1407 dated November 1, 1905) as an agency under the Department of
Commerce and Police.  It also paved the way for the re-establishment
of San Ramon Prison in 1907, which was destroyed in 1898 during the
Spanish-American War.  Before the
reconstruction of San Ramon Prison, the Americans established in
1904 the Luhit penal settlement (now Iwahig Prison and Penal Farm)
on a vast reservation of 28,072 hectares.  It would reach a total
land area of 40,000 hectares in the late 1950s.  The area was
expanded to 41,007 hectares by virtue of Executive Order No. 67
issued by Governor Newton Gilbert on October 15, 1912. On November
27, 1929, the Correctional Institution for Women (CIW) was created
under Act No. 3579 to date; it is the only prison facility for
women. In the country, the Davao Penal Colony in Southern Mindanao
was opened in January 21, 1932 under Act No. 3732. 
Owing to the increasing
number of committals to the Old Bilibid Prison in Manila, the New
Bilibid Prison was established in 1935 in the southern suburb of
Muntinlupa, Rizal.  After the American regime, the
Sablayan Prison and Penal Farm in Occidental Mindoro under
Proclamation No. 72 was issued on September 26, 1954 and Leyte
Regional Prison under Proclamation No. 1101 issued on January 16,
1973. The Bureau of Prisons
was renamed Bureau of Corrections under the New Administrative Code
of 1987 and Proclamation No. 495    issued on November 22, 1989.  It
 Essentials of C r i m i n o l o g y | 33

is one of the attached agencies of the Department of Justice.

Important to Remember

Old Bilibid Prison:  known as the “Carcel y Presidio Correccional”

and could accommodate 1,127 prisoners.  The Carcel was designed to
house 600 prisoners who were segregated according to class, sex and
crime while the Presidio could accommodate 527   prisoners.  The
prison occupied a quadrangular piece of land 180 meters long on each
side, which was formerly a part of the Mayhalique Estate in the
heart of Manila.  The Bureau of
Prisons had a ship, the BUPRi that transported goods and prisoners
to all penal establishments in the country In 1940, the
entire prison population including security facilities and equipment
were transferred to a new site in Muntinlupa.  A portion was left to
serve as the Manila office of the Bureau of Prisons.  Remaining
edifices were used to house the Manila City Jail.

New Bilibid Prison (NBP):  Accordingly, Commonwealth Act No. 67 was

enacted, appropriating one million pesos for the construction of a
new national prison in Muntinlupa. On November 15, 1940, all inmates
of the Old Bilibid Prison in Manila were transferred to the new
site. It had a capacity of 3,000 prisoners and it was officially
named the New Bilibid Prison on January 22, 1941. The prison
reservation had an area of 587 hectares.  The prison compound proper
had an area of 300 x 300 meters or a total of 9 hectares. 
It has maximum
security compound in the ‘70s and continues to be so. Another
facility was constructed. The NBP expanded with the construction of
new security facilities such as Camp Sampaguita or the Medium
Security Camp which served as a military stockade during martial law
and the Minimum Security Camp, whose first site was christened
Bukang Liwayway. On January 22, 1941 the electric chair was
transferred to New Bilibid Prison.

Correctional Institution for Women (CIW

After a series of negotiations started by Prison Director Ramon
Victorio, the Philippine Legislature passed Republic Act No. 3579 in
November, 1929. It authorized the transfer of all women inmates to a
building in Welfareville at Mandaluyong, Rizal. On February 14,
1931, the women prisoners were transferred from the Old Bilibid
Prison to the building especially constructed for them.  Its old
name, Women’s Prison, was changed to Correctional Institution for
Women and it occupied 18 hectares. 

Fort Bonifacio Prison:  A committee report submitted to then

President Carlos P. Garcia described Fort Bonifacio, formerly known
as Fort William McKinley, as a military reservation located in
Makati, which was established after the Americans came 
to the Philippines. The prison was originally used as a detention
center for offenders of US military laws and ordinances.
During the administration of President Diosdado Macapagal, the
Fort was renamed Fort Andres Bonifacio. The correctional facility
was also renamed Fort Bonifacio Prison.  The one-story building now
stands on a one-hectare area.

Iwahig Penal Colony:  Puerto Princesa was selected as the site for a

correctional facility.  The institution had for its first
 Essentials of C r i m i n o l o g y | 34

Superintendent Lt. George Wolfe, a member of the U.S. expeditionary

force, who later became the first prisons director.
Governor Luke Wright authorized the establishment of a penal
colony in the province of Palawan on November 16, 1904. This penal
settlement, which originally comprised an area of 22 acres,
originally served as a depository for prisoners who could not be
accommodated at the Bilibid Prison in Manila. In 1906, however, the
Department of Commerce and Police (which later became the Department
of Public Instruction) moved to turn the institution into the center
of a penal colony supervised in accordance with trends at the time.
Through the department’s efforts, the Philippine Commission of the
United States government passed Act No. 1723 in 1907 classifying the
settlement as a penal institution. In 1955, Administrative Order No.
20 was promulgated by the President and implemented by the Secretary
of Justice and the Secretary of Agriculture and Natural
Resources. This order allowed the distribution of
colonylands for cultivation by deserving colonists. The order also
contained a list of qualifications for colonists who wished to apply
for a lot to cultivate, the conditions for the settler’s stay in his
land, loan requirements and marketing of the settlers’ produce. Lots
granted did not exceed six hectares.       

Four Subdivisions of Iwahig into Zones or Districts

1. Central sub-colony with an area of 14,700 hectares

2. Sta. Lucia with 9,685 hectares
3. Montible with 8,000 hectares and
4. Inagawan with 13,000 hectares.

San Ramon Prison and Penal Farm: It was established in Southern

Zamboanga on August 21, 1870 through a royal decree promulgated in
1869.  Established during the tenure of Governor General Ramon
Blanco (whose patron saint the prison was named after), the facility
was originally established for persons convicted of political
crimes.      Prisoners in San
Ramon were required to do agricultural work. On November 1, 1905,
Reorganization Act No. 1407 was approved creating the Bureau of
Prisons under the Department  of  Commerce  and  Police, 
integrating  the Old Bilibid Prison,  San  Ramon Penal  Colony  and
Iwahig Penal. The Philippine Coconut Authority took over management
of the coconut farm from San Ramon.

Davao Penal Colony:  The Davao Penal Colony is the first penal
settlement founded and organized under Filipino administration. The
settlement, which originally had an area of approximately 30,000
hectares in the districts of Panabo and Tagum, Davao del Norte, was
formally established on January 21, 1932 by virtue of Act No. 3732. 
This Act authorized the Governor-General to lease or sell the lands,
buildings and improvements in San Ramon Prison and Iwahig Penal
Colony. During World War II, it was converted into a concentration
camp where more than 1,000 Japanese internees were committed by the
Philippine-American Armed Forces.   In 1953, the
colony ventured into abaca farming.About 500 hectares of the Davao
Penal Colony used to be planted to abaca. It later became an
agricultural estate for Cavendish banana.

Sablayan Prison and Penal Farm- It is located in Occidental Mindoro

and relatively new.  Established on September 26, 1954 by virtue of
Presidential Proclamation No. 72, the penal colony has a total land
area of approximately 16,190 hectares.
 Essentials of C r i m i n o l o g y | 35

Prison records show that the first colonists and employees

arrived in Sablayan on January 15, 1955. 
It was used by the national government as a   relocation site
for refugees from the eruption of Mt. Pinatubo eruption in 1991.

Leyte Regional Prison -The Leyte Regional Prison, situated in

Abuyog, Southern Leyte, was established a year after the declaration
of martial law in 1972 by virtue of Presidential Decree No. 28
The LRP has
an inmate capacity of 500. It follows the same agricultural format
as the main correctional program in addition to some rehabilitation
activities.  The prison admits convicted offenders from Region VI
and from the national penitentiary in Muntinlupa

The Purpose of Prison

1. Punishment
2. Deterrence and
3. Rehabilitation

Responsibilities of Prisons

1. The safekeeping of all inmates;

2. The maintaining and improving of welfare of all confined within

it;

3. And the performance of these objectives with the maximum of

efficiency and economy.

The Psychological Effects of Imprisonment

Prison Structure
Lately, no form of torture could have been worse than solitary
confinement because it ended up causing within many prisoners
adverse psychological effects such as:

 delusions,
 dissatisfaction with life,
 claustrophobia,
 depression,
 feelings of panic,
 And on many instances madness.

All of which are symptoms of chronophobia – a state often

referred to as prison neurosis.

The Needs of Prisoner

Prison Subcultures

Physical and Psychological Victimization

Effects of being victimized include:

1. feeling helplessness and depression,

2. physical injury,

3. disruption of social relationships,

 Essentials of C r i m i n o l o g y | 36

4. damaged self-image,

5. self-mutilation and suicide,

6. psychosomatic disease,

7. also increased difficulties in adjusting to life after release.

Four short-term effects that have been noted by prison psychologists

include feelings of:

1. Guilt– particularly in men who get an erection and feel as though

they were active participants.
2. Shame– at not being able to defend ones self and their masculine
inadequacies
3. Suicidal Tendencies– due to fear of continued victimization or
the possibility of having contracted diseases, and
4. Fear of becoming, or having become homosexual

Crowding

Riots

Prison Suicide

The Role of Prison Psychologists

Rehabilitation Programs for Prisoners in the Philippines

Rehabilitation- it means to restore to useful life, as through

therapy and education or to restore to good condition, operation, or
capacity.

Process of Classification
Classification is a method by which diagnosis, treatment,
planning and execution of treatment programs are coordinated in the
individual case. For
this purpose, the following are the three (3) phases of the
classification process, namely:

1. Diagnosis
2. Treatment planning
3. Execution of treatment program

Rehabilitation Programs

1. Employment of Prisoners

2. Religious Services

3. Educational Program

4. Recreational Program

5. Library Services

6. Health and Medical Services

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7. Counselling

Juridical Conditions of Penalty

Under the Philippine Penal System, the following are the

conditions of the imposition of penalty:

1. Must be productive of suffering but must not desecrate the

human personality,
2. Must be proportionate to the crime,
3. Must be personal,
4. Must be legal
5. Must be certain so that one can not escape from it,
6. Must be equal, and
7. Must be correctional.

Executive Clemency

1. Pardon

Two (2) Kinds

a. Absolute Pardon
b. Conditional Pardon

2. Amnesty- from the Greek amnestia, oblivion. The word has the same
root as amnesia.

3. Judicial Reprieve- a temporary delay in imposition of the death

penalty (a punishment which cannot be reduced afterwards) by the
executive order of the state.

4. Commutation of Sentence- involves the reduction of legal

penalties; especially in terms of imprisonment.

Suspension of Sentence

Probation in the Philippines

Probation was first introduced in the Philippines during the
American colonial period (1898 - 1945) with the enactment of Act No.
4221 of the Philippine Legislature on August 7, 1935. This law
created a Probation Office under the Department of Justice. On
November 16, 1937, after barely two years of existence, the Supreme
Court of the Philippines declared the Probation Law
unconstitutional.
On July 24, 1976, Presidential Decree No. 968, also known as
Adult Probation Law of 1976, was signed into Law by the President of
the Philippines. The
probation system started to operate on January 3, 1978. Note:
Teodulo Natividad authored our Probation Law (P.D. 968). Thus he was
considered as the father of probation in the Philippines.

Probation Conditions The

grant of probation is accompanied by conditions imposed by the
court:

1. The mandatory conditions

2. Special or discretionary

Parole
Republic Act 4103 Indeterminate Sentence Law as amended.
 Essentials of C r i m i n o l o g y | 38

Note: Probation/Parole, is a community-based treatment program.

Victimology
Is the scientific study of victimization, including the
relationships between victims and offenders, the interactions
between victims and the criminal justice system -that is, the police
and courts, and corrections officials -and the connections between
victims and other societal groups and institutions, such as the
media, businesses, and social movements.

Victimology Theory The

concept of victim dates back to ancient cultures and civilizations,
such as the ancient Hebrews.  Its original meaning was rooted in the
idea of sacrifice or scapegoat -- the execution or casting out of a
person or animal to satisfy a deity or hierarchy.  During the
founding of victimology in the 1940s, victimologists such as
Mendelson, Von Hentig, and Wolfgang tended to use textbook or
dictionary definitions of victims as hapless dupes who instigated
their own victimizations known notion of "victim precipitation".
Over the years, ideas about
victim precipitation have come to be perceived as a negative thing;
"victim blaming" it is called.  Crime victim generally refers to
any person, group, or entity who has suffered injury or loss due to
illegal activity. The harm can be physical, psychological, or
economic. 

Type of Victims
a. Primary crime victims
b. Secondary crime victims
c. Tertiary crime victims

Note: One of the goals of victimology as a science is to help end

this state of societal confusion.

History of Victimology The

scientific study of victimology can be traced back to the 1940s and
1950s.  Two criminologists (victimologist), Mendelsohn and Von
Hentig, began to explore the field of victimology by creating
"typologies". They are considered the "fathers of the study of
victimology."  Mendelsohn (1937)
interviewed victims to obtain information, and believe that most
victims had an "unconscious aptitude for being victimized." He
created a typology of six (6) types of victims, with only the first
type, the innocent, portrayed as just being in the wrong place at
the wrong time.  The other five types all contributed somehow to
their own injury, and represented victim precipitation. 
Von Hentig (1948) studied
victims of homicide, and said that the most likely type of victim is
the "depressive type" who is an easy target, careless and
unsuspecting. The "greedy type" is easily duped because his or her
motivation for easy gain lowers his or her natural tendency to be
suspicious. The "wanton type" is particularly vulnerable to stresses
that occur at a given period of time in the life cycle, such as
juvenile victims. The "tormentor," is the victim of attack from the
target of his or her abuse, such as with battered women.

Few enduring models and near-theories exist:

1. Luckenbill's (1977) Situated Transaction Model - This one is

commonly found in sociology of deviance textbooks. The idea is that
 Essentials of C r i m i n o l o g y | 39

at the interpersonal level, crime and victimization is a contest of

character. 

2. Benjamin & Master's Threefold Model - This one is found in a

variety of criminological studies, from prison riots to strain
theories. 

Conditions that support crime can be classified into three general

categories:

a. Precipitating Factors - time, space, being in the wrong place at

the wrong time.
b. Attracting Factors - choices, options, lifestyles (the
sociological expression "lifestyle" refers to daily routine
activities as well as special events one engages in on a predictable
basis).

c. Predisposing Factors - all the sociodemographic characteristics

of victims, being male, being young, being poor, being a minority,
living in squalor, being single, being unemployed.

3. Cohen & Felson's (1979) Routine Activities Theory - This one is

quite popular among victimologists today who are anxious to test the
theory. 

Crime occurs whenever three conditions come together:

1. Suitable Targets - and we'll always have suitable targets as long

as we have poverty.
2. Motivated Offenders - and we'll always have motivated offenders
since victimology, unlike deterministic criminology, assumes anyone
will try to get away with something if they can; and
3. Absence of Guardians - the problem is that there's few defensible
spaces (natural surveillance areas) and in the absence of private
security, the government can't do the job alone.

Note: The phenomena that criminals and victims often have the same
sociodemographic characteristics (e.g., are in relatively the same
age group) is known as the propinquity hypothesis; and that
criminals and victims often live in physical proximity to one
another is called the proximity hypothesis.

Crime Prevention and Protection Principles

1. Primary Prevention
Primary prevention involves altering the environment in such a
way that the root causes, or at least the facilitators, of crime are
eliminated. 

2. Secondary Prevention    

Secondary prevention involves a focus upon specific problems,
places, and times with the twin goals of reducing situation-specific
opportunities for crime and increasing the risks for committing
crime.  Following Clarke (1980), many people call this situational
crime prevention. E.x. directed patrol, surveillance and target-
hardening which increase the risk and effort for committing crime,
property identification, security lighting, and intrusion alarms,
Neighborhood Watch, citizen patrols, protection personnel, and
efforts on the part of victims to change their lifestyles. 
      
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3. Tertiary Prevention      Tertiary

prevention is a term taken from the field of medicine to describe
procedures to be taken after a disease or threat is manifest.  It
characterized by being reactive, or after the fact.  Examples would
include personal injury or property insurance as well as self-
protective measures engaged in by those who have been victimized
previously.  It also includes get-tough legislation and other
legal reforms which make the punishment for crime more certain,
severe, and swift.

Criminal Justice System Response to Victim

First of all, we need to know who the victims are.  While crime
victim-related research of 40 and 50 years ago examined the
characteristics of victims, much of it approached the issue from the
perspective of "shared responsibility," that is how crime victims
were, in part, "responsible" for their victimization.

The risk of becoming a crime victim varies as a function of

S.A.U.C.E.R (Sociodemographic Characteristics):

 Sex - Male or female

 Age - Young, middle aged, or elderly
 Urban - Urban or rural
 Class - Socioeconomic class
 Ethnicity - Racial characteristics
 Religion - Religious preference

Sex
With the exception of sexual assault and domestic violence, men
have higher risk of assault than women. Lifetime risk of homicide is
three to four times higher for men than women.

Age
Adolescents has higher rates of assault than young adults.
Data from the National Crime Victimization Survey indicate that 12-
to-19 year olds are 2 to 3 times as likely as those over 20 to
become victims of personal crime each year. Data from The National
Women's Study indicate that 62% of all forcible rape cases occurred
when the victim was under 18 years of age.

Urban
Crime and victimization is mostly an urban problem.

Class   Violence
disproportionately affects those from lower socioeconomic classes.

Ethnicity   
Racial and ethnic minorities have higher rates of assault than
other Americans. African-Americans are six times more likely than
white Americans to be homicide victims.

Religion  
Certain religious groups tend to be regularly persecuted, and
over represented in hate crime statistics.

Environmental theory One

of the most controversial sub-topics within the broader topic is
victimization. The concept of "victim-proneness" is a "highly
moralistic way of assigning guilt to the victim of a crime, also
 Essentials of C r i m i n o l o g y | 41

known as victim-blaming.
This theory posits that the location and context of the crime
gets the victim of the crime and the perpetrator of that crime
together. That may just be an academic way of stating that the
victim was in the wrong place at the wrong time.
The study of victimology may also include the "culture of
victimhood," wherein the victim of a crime revels in his status,
proclaiming that self-created victimhood throughout a community by
winning the sympathy of professionals and peers.

Restorative Justice
It is commonly known as a theory of criminal justice that
focuses on crime as an act against another individual or community
rather than the state. The victim plays a major role in the process
and may receive some type of restitution from the offender.

Victim-offender mediation
Victim-offender mediation, or VOM (also called victim-offender
dialogue, victim-offender conferencing, victim-offender
reconciliation, or restorative justice dialogue), is usually a face-
to-face meeting, in the presence of a trained mediator, between the
victim of a crime and the person who committed that crime.

Glossary of Terms

Actus Reus: Sometimes called the external element of a crime — is

the Latin term for the "guilty act" which, when proved beyond a
reasonable doubt in combination with the mens rea, i.e., the "guilty
mind", produces criminal liability in common law-based criminal law
jurisdictions.

Celerity: Swiftness.  Beccaria argues that in order to achieve the

deterrent effect of sentence it must possess celerity. 

Constitutional Theories:  Theories such as Lombroso's or Sheldon's

that locate the origins of criminality in a person's biological or
psychological make-up.  It refers to one's physical constitution
(not a legal constitution).

Deviant Behavior: Behavior that is a recognized inviolation of

social norms. It is not the act itself, but the reactions to the
act, that make something deviant.

Durham Rule (irresistible impulse): Monte Durham was a 23-year-old

who had been in and out of prison and mental institutions since he
was 17. The Durham rule states "that an accused is not criminally
responsible if his unlawful act was the product of mental disease or
mental defect." The
Durham rule was eventually rejected by the federal courts, because
it cast too broad a net. Alcoholics, compulsive gamblers, and drug
addicts had successfully used the defense to defeat a wide variety
of crimes.

Mens Rea: A Latin term for "guilty mind" used in the criminal law.

Etiology: The study of the causes or origins of behavior. 

Positivist approaches to criminology are characterized by their
interest in determining the etiology of criminal behavior.
 Essentials of C r i m i n o l o g y | 42

Ex-Post Facto: Laws that apply retroactively, that is, to punish

actions conducted before they were pronounced illegal.

Hedonism: The idea held by the classical school, that people only
act according to what they find pleasurable and in their self-
interest.  See also Free Will/Reason.

McNaughton Rule (not knowing right from wrong): The first famous
legal test for insanity came in 1843, in the McNaughton case.

Proportionality:    The Classical School believed that punishments

could only deter if they were "proportional" to their crime, where
proportionality means (1) that the severity of punishments
correspond to the severity of the harm done by the crime, so that
more serious crimes receive more serious punishments, and (2) that
the type of punishment resembles the crime, so that others in
society can best associate the punishment with the crime (see
general deterrence).  Beccaria further argues that proportionality
is the only punishment that is morally acceptable according to the
social contract.  Examine Beccaria's arguments and play The
Proportionality Game.

Reciprocal Obligation:  The basis of the social contract according

to The Classical School.  Because people are hedonistic, driven by
their self-interest, yet rational, capable of rationally considering
what is really in their self-interest, they will come to the
conclusion that life is more pleasurable with a degree of security—
attained by everyone in society promising not to act in ways that
will harm others. 

Somatotyping: The derivation of behavioral types from particular

forms of the body.  Somatotyping was first applied to criminology by
William Sheldon and Eleanor and Sheldon Glueck.

Stigmata: As a term of medicine, 'stigmata' refers to the physical

marks and characteristics that suggest an individual is abnormal. 
For Lombroso, such stigmata included abnormal skull sizes, hawk-like
noses, large jaws and cheekbones, and fleshy lips.

Utilitarianism: Specifically, utilitarianism refers to the theory of

Jeremy Bentham and John Stuart Mill that the overall utility or
benefit produced by an action ought to be the standard by which we
judge the worth or goodness of moral and legal action. Social
contract theorists: the idea that government was utilitarian in
nature followed from their understanding of human nature as
hedonistic, and bringing about government because they realize it is
in their benefit.  "Promoting the Greatest Good for the Greatest
Number".
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