CRIMINAL SOCIOLOGY, ETHICS AND HUMAN RELATIONS

BY
MS. ELLA KRISTINA ISIDRO-INGCAD

INTRODUCTION TO CRIMINOLOGY:

Criminal sociology - investigates the social causes of criminal behaviour in an effort to ultimately end them. Criminal
sociologist identify the sources outside of a person in society that influence and even as some theorists believe, compel
criminal action.

Criminology - the entire body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress
them (Social problem). The scientific study of the causes of crime in relation to man and society who set and defines
rules and regulations for himself and others to govern.

Nature of Criminology (SAND)

Applied Science - by the use of Criminalistics or Forensic Science. (INSTRUMENTATION)
Social Science - A crime is a social creation and it exists in a society being a social phenomenon.
Dynamic - The nature of criminology changes as a social condition changes. It is concomitant with the
advancement of other sciences that have been applied to it. That crime is normal in the society.
Nationalistic- the study of crimes must be in relation with the existing criminal law within a territory or country.
The question as to whether an act is a crime is dependent on the criminal law of a state.

SCOPE OF THE STUDY OF CRIMINOLOGY

1) Study of the origin and development of criminal law

2) Study of the causes of crimes and development of criminals.
3) Study of the different factors that enhances the development of criminal behaviour, such as:
a) Criminal demography – the study of the relationship between criminality and population
b) Criminal epidemiology – the study of the relationship between environment and criminality
c) Criminal ecology – the study of criminality in relation to the spatial distribution in a community
d) Criminal physical anthropology – the study of criminality in relation to physical constitution of
men
e) Criminal psychology – the study of human behaviour in relation to criminality
f) Criminal psychiatry – the study of human mind in relation to criminality
g) victimology – the study of the role of the victim in the commission of a crime

CRIME
An act or omission in violation of a public law forbidding or commanding it.

SUB-CLASSIFICATION OF CRIMES

FELONY - an act or omission punishable by law which is committed by means of dolo (deceit) or culpa
(fault)and punishable under the Revised Penal Code
OFFENSE - an act or omission in violation of a special law
INFRACTION - an act or omission in violation of a city or municipal ordinance

TRIANGLE OF CRIME/ELEMENTS OF CRIME

 DESIRE
 CAPABILITY/ABILITY
 OPPORTUNITY

CRIME OF COMMISSION
 an act that is in violation of a law forbidding it
 performing an act that is prohibited by law

CRIME OF OMISSION
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  an act that is in violation of a law commanding it
 failure to perform an act that is commanded by law

ACT
 any action with outward manifestation
 overt and physical action done in pursuance and manifestation of a criminal design or intent

ELEMENTS OF A FELONY
Intentional felonies:
 felonies committed by means of dolo (deceit)
 the act or omission is performed with deliberate intent or malice

Freedom or free will

When the person acted on his own accord, without irresistible force and/or uncontrollable fear

Intelligence
When the person who committed the crime has the ability to determine what is right from what is wrong
and to realize the consequences of one’s act

Intent
When the person knowingly and purposely committed the crime to effect the desired result

CULPABLE FELONIES:
 felonies committed by means of culpa (fault)
 the act or omission of the offender is not malicious and the injury caused by the offender is unintentional,
it being simply the incident of another act performed without malice

Imprudence
Deficiency in action; failure to take the necessary precaution to prevent the danger due to carelessness

Negligence
Deficiency in perception; failure to foresee the danger

Lack of foresight
when the crime resulted due to the person’s inability to predict the obvious possible outcome of his actions

Lack of skill
when the crime resulted because the person does not have the necessary skill to perform the action safely

LEGAL CLASSIFICATION OF CRIMES

As to the manner crimes are committed:

 by means of dolo or deceit
 by means of culpa or fault

As to the stages in the commission of crimes:

 consummated crime – when all the elements necessary for its execution and accomplishment are present
 frustrated crime – when the offender has performed all the acts of execution which will produce the felony as a
consequence but which nevertheless do not produce it, by reason of causes independent of the will of the
perpetrator
 attempted crime - when the offender commences the commission of a crime directly by overt acts and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance

According to plurality:

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  simple crime – single act constituting only one offense
 complex crime – single act constituting two or more grave felonies or an is a necessary means for committing
the other

According to gravity:
 Grave felonies
 Less grave felonies
 Light felonies

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

According to the result of the crime:

 acquisitive crime – the offender acquires something ex. Estafa, Theft
 extinctive crime – the consequence of the act is destructive ex. Arson, Malicious mischief

According to the time or period of the commission of the crime:

 Seasonal crime – committed only during a certain period of the year
 Situational crime – committed only when the situation is conducive to its commission

According to the length of time of the commission of the crime:

 Instant crime – committed in the shortest possible time
 Episodial crime – committed by a series of acts in a lengthy space of time

According to the place or location:

 Static crime – committed in only one place
 Continuing crime – committed in several places

According to the use of mental faculties:

 Rational crime – committed with intent and the offender is in full possession of his sanity (Normal)
 Irrational crime – committed by an offender who does not know the nature and quality of his act on account of
the disease of the mind (Abnormal)

According to the type of offender:

 White-collar crime – committed by a person belonging to the upper socio-economic class in the course of his
occupational activities
 Blue-collar crime – committed by ordinary professional criminal to maintain his livelihood

THE EVOLUTION OF CRIMINOLOGY

ORIGIN OF THE WORD “CRIMINOLOGY”

The term criminology was derived from the Italian term “Criminologia” coined by Rafaelle Garofalo, an Italian law
professor, in 1885.

In 1887, Paul Topinard, a French anthropologist, used the term “Criminologie”.

An American criminologist in the person of Edwin Sutherland introduced his own definition of the term “criminology”.
According to him, criminology is the entire body of knowledge regarding crime as a social phenomenon. It
includes within its scope the process of making laws, of breaking laws and of reacting towards the breaking of the
laws.
 Dean of Modern Criminology
 Coined the word White Collar Crimes
 Suicidology
 Differential Association theory (DAT)
 Stated that “in the near future the criminology will become science” but repudiated by George Wilkers that
criminology will never be Science
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CRIMINAL
In the legal sense, a criminal is any person who has been found to have committed a wrongful act in the course
of the standard judicial process; there must be a final verdict of his guilt.
In the criminological sense, a person is already considered a criminal the moment he committed a crime.

GENERAL CLASSIFICATION OF CRIMINALS

On the basis of etiology: (pinagmulan)

 Acute criminals – persons who violate criminal law because of the impulse of the moment, fit of passion or
anger.
 chronic criminals – persons who acted in consonance with deliberated thinking, such as:
 Neurotic criminals – persons whose actions arise from the intra-psychic conflict between the social and anti-
social components of his personality.
 Normal criminals – persons whose psychic organization resembles that of a normal individual except that he
identifies himself with criminal prototype.

On the basis of behavioral system:

 ordinary criminals – the lowest form of criminal career; they engage only in conventional crimes which require
limited skill
 organized criminals – these criminals have a high degree of organization that enables them to commit crimes
without being detected and committed to specialized activities which can be operated in large scale businesses
 professional criminals – these are highly skilled and able to obtain considerable amount of money without
being detected because of organization and contact with other professional criminals

On the basis of activities:

 professional criminals – those who earn their living through criminal activities
 accidental criminals – those who commit criminal acts as a result of unanticipated circumstances
 habitual criminals – those who continue to commit criminal acts for such diverse reasons due to deficiency of
intelligence and lack of control
 situational criminals – those who are actually not criminals but get in trouble with legal authorities because
they commit crimes intermixed with legitimate economic activities

INTRODUCTION TO THE STUDY OF CRIMINAL LAW

CRIMINAL LAW or PENAL LAW

That branch of public law which defines crimes, treats of their nature and provides for their punishment

REVISED PENAL CODE (RPC)—Act. No. 3815

The book that contains the Philippine criminal law
Effectivity (Took effect) of the RPC is 1 January 1932
Approved December 08, 1930

CHARACTERISTICS OF CRIMINAL LAW

It is general in application/ GENERALITY:

 The provisions of the criminal or penal law must be applied equally to all persons within the territory regardless
of sex, race, nationality and other personal circumstances, with the following exceptions:
 heads of state or country
 foreign diplomats and ambassadors

It is territorial in character/ TERRITORIALITY:

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 As part of the right of a state to self-preservation, each independent country has the right to promulgate laws
enforceable within its territorial jurisdiction, subject only to the limitations imposed by treaties of preferential
applications and by the operation of international law of nations. The Revised Penal Code and the other special laws
are applicable only to the areas within the Philippine territorial jurisdiction, such as:
 Philippine archipelago – all the islands that comprise the Philippines
 Atmosphere water – all bodies of water that connect all the islands such as bays, rivers and streams
 Maritime zone – the twelve (12) Nautical Mile limit beyond our shore measured at low tide

It is prospective or irretrospective/PROSPECTIVITY:
No person may be punished for his act when at the time he committed the act, it is still not yet punishable by
law. However, penal laws may be given retroactive effect when it is favorable to the accused.

It is specific and definite.

Criminal law must give a strict definition of a specific act which constitutes an offense. Where there is doubt
as to whether a definition embodied in the Revised Penal Code applies to the accused or not, the judge is obligated to
decide the case in favor of the accused. Criminal law must be construed liberally in favor of the accused and strictly
against the state.

It is uniform in application.
An act described as a crime is a crime no matter who committed it, wherever committed in the Philippines and
whenever committed. No exceptions must be made as to the criminal liability. The definition of crimes together with
the corresponding punishment must be uniformly construed, although there may be a difference in the enforcement of a
given specific provision of the penal law.

There must be a penal sanction or punishment.

Penal sanction is the most essential part of the definition of the crime. If there is no penalty to a prohibited act,
its enforcement will almost be impossible. The penalty is acting as deterrence and as a measure of self-defense of the
state to protect society from the threat and wrong inflicted by the criminal.

SCHOOLS OF THOUGHT IN CRIMINOLOGY

THEORIES
 a systematically organized body of knowledge applicable in a relatively wide variety of circumstances, especially a system
of assumptions, accepted principles and rules of procedure devised to analyze, predict, or otherwise explain the nature or
behavior of a specified set of phenomena
 a set of statements devised to explain behavior, events or phenomena, especially one that has been repeatedly tested and
widely accepted
 a proposed, well-substantiated explanation

CLASSICAL CRIMINOLOGY
 The classical school of criminology grew out of a reaction against the barbaric system of law, punishment and justice that
existed. There was no real system of criminal justice in Europe at that time. Some crimes were specified, some were not.
Judges had discretionary power to convict a person for an act not even legally defined as criminal.
 This school of thought is based on the assumption that individuals choose to commit crimes after weighing the
consequences of their actions. According to classical criminologists, individuals have free will. They can choose legal or
illegal means to get what they want, fear of punishment can deter them from committing crime and society can control
behavior by making the pain of punishment greater than the pleasure of the criminal gains.
 This theory, however, does not give any distinction between an adult and a minor or a mentally-handicapped in as far as
free will is concerned.

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 CLASSICAL CRIMINOLOGY

CESARE BONESANA MARCHESE DI BECCARIA (1738-1794)

 published a book entitled “On Crimes and Punishment” in 1764; this book presented a coherent and comprehensive design
for an enlightened criminal justice system that was to serve the people
 his book contains almost all modern penal reforms but its greatest contribution was the foundation it laid for subsequent
changes in criminal legislation
 his book was influential in the reforms of penal code in France, Russia, Prussia and it influenced the first ten amendments
to the US Constitution

JEREMY BENTHAM
 founded the concept of UTILITARIANISM – assumes that all our actions are calculated in accordance with their likelihood
of bringing pleasure and pain
 devised the pseudo-mathematical formula called “felicific calculus” which states that individuals are human calculators
who put all the factors into an equation in order to decide whether a particular crime is worth committing or not
 he reasoned that in order to deter individuals from committing crimes, the punishment, or pain, must be greater than the
satisfaction, or pleasure, he would gain from committing the crime

NEOCLASSICAL CRIMINOLOGY

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

POSITIVIST CRIMINOLOGY

ORIGIN OF THE CONCEPT OF POSITIVISM

 During the nineteenth century, the first social scientists began to apply the scientific method to the study of society. August
Comte described how as society progressed, people embraced a rational, scientific view of the world. He called this final
stage the positive stage of human social development, and those who followed his writings became known as positivists.
Those who embraced positivism relied on the strict use of empirical methods – factual, first-hand observations, and
measurement of conditions and events – to test hypotheses.
o Significant advances in knowledge of both the physical and social world influenced thinking about crime. Forces
of positivism and evolutionism moved the field of criminology from philosophical to a scientific perspective.
From there, a more diligent search of criminal behaviour began.

o Positive theorists were the first to claim the importance of looking at individual difference among criminals. These
theorists who concentrated on the individual structures of a person, stated that people are passive and controlled,
whose behaviours are imposed upon them by biological and environmental factors.

(UN)HOLY THREE OF CRIMINOLOGY

 CESARE LOMBROSO,
 ENRICO FERRI
 RAFAELLE GAROFALO

AUGUST COMPTE
 considered the FATHER OF POSITIVIST SCHOOL OF CRIMINOLOGY AND SOCIOLOGY
 applied scientific methods in the study of society from where he adopted the word “sociology”
 his work prompted scientific studies of human social behaviour

CESARE LOMBROSO
 considered the FATHER OF MODERN CRIMINOLOGY due to his application of modern scientific methods to trace
criminal behaviour, however, most of his ideas are now discredited
 he claimed that criminals are distinguishable from non-criminals due to the presence of atavistic stigmata – the physical
features of creatures at an earlier stage of development
 he asserted that crimes are committed by those who are born with certain recognizable hereditary traits

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  according to his theory, criminals are usually in possession of huge jaws and strong canine teeth, the arm span of criminals
is often greater than their height, just like that of apes who use their forearms to push themselves along the ground
 other physical stigmata include deviation in head size and shape, asymmetry of the face, excessive dimensions of the jaw
and cheekbones, eye defects and peculiarities, ears of unusual size, nose twisted, upturned or flattened in thieves, or
aqualine or beaklike in murderers, fleshy lips, swollen and protruding, and pouches in the cheek like those of animal’s toes
 Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person

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

 born criminals – individuals with at least five (5) atavistic stigmata
 insane criminals – those who are not criminals by birth; they become criminals as a result of some changes in
their brains which interfere with their ability to distinguish between right and wrong
 criminaloids - those with make-up of an ambiguous group that includes habitual criminals, criminals by passion
and other diverse types

DIFFERENT APPROACHES UNDER THE POSITIVIST CRIMINOLOGY

BIOLOGICAL DETERMINISM

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

GIAMBATTISTA DELA PORTA (1535-1615)

Italian physician who founded the school of human physiognomy, the study of facial features and their relation to
human behaviour; the study of judging a person’s character from facial features to determine whether the shape of the
ears, nose and eyes and the distances between them were associated with anti-social behaviour

JOHANN KASPAR LAVATER (1741-1801)

Swiss theologian who believed that people’s true characters and inclinations could be read from their facial features

FRANZ JOSEPH GALL (1758-1828)

Born in Germany, a renowned neuro anatomist and physiologist and a pioneer in the study of the localization of mental
functions in the brain
Developed cranioscopy, a method to study the personality and development of mental and moral faculties based on the
external shape of the skull
cranioscopy was later renamed as phrenology, the study that deals with the relationship between the skull and human
behavior

CHARLES GORING
Also studied phrenology or craniology which deals with the study of the external formation of the skull indicating the
conformation of the brain and the development of its various parts which is directly related to the behavior of the criminal
He believed that criminal characteristics were inherited and recommended that people with such characteristics should not
be allowed to reproduce
According to him, people with epilepsy, insanity and feeblemindedness were among those who should not be allowed to
have children

JOHANN KASPAR SPURZHEIM (1776-1832)

German phrenologist who was the assistant of Gall
- He was the man most responsible for popularizing and spreading phrenology to a wide audience

PHYSIOLOGY OR SOMATOTYPE
This refers to the study of the body build of a person in relation to his temperament and personality and the type of offense
he is most prone to commit.
This study which searches the relationship of body build to behavior became popular during the first half of the twentieth
century.

The following are the proponents of the somatotype school of criminology:

ERNST KRETCHMER
He correlated body build and constitution with characters or temperamental reactions and mentality
He distinguished three (3) principal types of physiques:
 asthenic – lean, slightly built, narrow shoulders; their crimes are petty thievery and fraud
 athletic – medium to tall, strong, muscular, coarse bones; they are usually connected with crimes of
violence

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  pyknic – medium height, rounded figures, massive neck, broad face; they tend to commit deception,
fraud and violence

WILLIAM SHELDON
- formulated his own group of somatotype:

TYPE OF PHYSIQUE TEMPERAMENT

Endomorphic - relatively large viscerotonic – generally

Digestive viscera; round body; relax and comfortable, extrovert
Short, tapering limbs; small person, loves luxury and bones; smooth, velvety skin

Mesomorph – with relative romotonic – active,

Predominance of muscles, bones dynamic; walks, talks
and motor organs of the body and gestures assertively with large wrist and hands and behaves aggressively

ectomorphic – relative pre- cerebrotonic – introvert

Dominance of skin and its prone to allergies, skin appendages which includes troubles, chronic
the nervous system; it has fatigue, insomnia,
Fragile and delicate bones; sensitive skin and sensitive to noise
with droopy shoulders, small
Face and sharp nose, fine hair
and with relatively small body

HEREDITY AS A FACTOR IN CRIMINALITY

RICHARD DUGDALE
 He studied the lives of the members of the JUKES FAMILY and referred to ADA JUKES as the MOTHER OF
CRIMINALS
 he discovered that from among the descendants of Ada Jukes, there were 280 paupers, 60 thieves, 7 murderers, 40 other
criminals, 40 persons with venereal diseases and 50 prostitutes
 he claimed that since families produce generations of criminals, they must have been transmitting degenerate traits down
the line

HENRY GODDARD
 he studied the lives of the KALLIKAK FAMILY
 found that among the descendants from MARTIN KALLIKAK’s relationship with a feeble-minded lady, there were 143
feeble-minded and only 46 normal, 36 were illegitimate, 3 epileptics, 3 criminals, 8 kept brothels and 82 died of infancy;
his marriage with a woman from a good family produced almost all normal descendants, only 2 were alcoholics, 1 was
convicted of religious offense, 15 died at infancy and no one became criminal or epileptic

INTELLIGENCE AS A FACTOR IN CRIMINALITY

The classic studies of the Juke and Kallikak families were among the first to show that feeblemindedness or low-intelligence can be
inherited and transferred from one generation to the next. Numerous test were also conducted that lead to the development of the
use of IQ tests as a testing procedure for offenders. The very first results seemed to confirm that offenders had low mental abilities
and they were found to be mentally impaired.

PSYCHOLOGICAL DETERMINISM

This explains the psychological determinants which define behavior of a person. This idea has long been hatched by
thinkers who were consumed by the belief that it is the psychological equivalents that prod the person to act the way he does.

There are many ways to classify psychological theories of crime causation. But the common assumption of these theories
is that there is something wrong with the mind of the offender which caused him to commit crimes.

From among the many theories regarding the relationship of psychology and crime, the psychoanalytic theory by Sigmund
Freud is the most notable:

SIGMUND FREUD
 he is recognized as the FATHER OF PSYCHOANALYSIS
 he founded the PSYCHOANALYTIC THEORY OF CRIMINALITY in which he attributed delinquent and criminal
behavior to a conscience that is overbearing which arouses feelings of guilt or a conscience that is so weak that it cannot
control the individual’s impulses and the need for immediate gratification
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  in his theory, PERSONALITY IS COMPRISED OF THREE COMPONENTS:

ID – this stands for instinctual drives; it represents our unconscious biological needs for food, water, sleep, sex
and other life sustaining necessities including aggression as well as primitive needs that are present at birth; this pleasure
seeking part of human personality is concerned about gratification of one’s wishes; it is governed by the “pleasure
principle”; the id impulses are not social and must be repressed or adapted so that they may become socially acceptable

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

SUPEREGO – serves as the moral conscience of an individual; it is that part of an individual’s personality that
allows the person to feel pride, shame and guilt; it is structured by what values were taught by the parents, the school and
the community, as well as belief in God; it is largely responsible for making a person follow the moral codes of society

RAFAELLE GAROFALO
 proposed that people commit crime due to some psychic or MORAL ANOMALY, a deficiency in moral sensibilities
 he believed that certain people are morally less developed than others due to environmental, circumstantial and organic
reasons

PSYCHOLOGICAL THEORIES OF CRIME CAUSATION

EMOTIONAL PROBLEMS THEORIES

 The emotional problem theories look at the offender as having the same psychological make-up as that of a non-
offender. There is no disease or psychological disorder present in the offender. But the offender does not cope
well with his environment and this creates frustration that results in crime.
 The emotional problem theories assume that the lawbreaker does not have a great mental sickness that causes him
to commit crimes but rather, he commits crime because of everyday emotional problems that made him unable to
cope. As a result, the offender acts out criminally.

MENTAL DISORDER THEORIES

There are two general types of mental disorders. First, the organic disorder, where the physiological cause can be identified,
such as head injuries that left the mind blank, senility, Parkinson’s disease and Alzheimer’s disease. Organic disorders refer to the
brain’s disorder or sickness. Second is the functional disorder, which is characterized by strange behavior that cannot be traced to
any known organic disease. Examples of functional disorders are those people with no apparent brain sickness who hear voices that
other do not hear, or who see things that others do not see.

TYPE OF MENTAL DISORDERS

NEUROSIS
 a common type of mental disorder used to explain criminal behaviour
 also referred to as hysteria or neurasthenia
 some of the more common neuroses are:

ANXIETY
 also known as anxiety state or anxiety reaction; characterized by the person feeling anxious, fearful anticipation or
apprehension; the person may be irritable, have poor concentration and over reacts to things that are annoying

OBSESSIVE-COMPULSIVE BEHAVIOR
 people who suffer from this have unwanted, intrusive and repetitive thoughts or behaviors

OBSESSION – a repetitive and irresistible thoughts or urge

COMPULSION – a repetitive behavior that is thought to produce or prevent something that is thought to be magically
connected to the behavior

PHOBIA – excessive and unexplainable fear of something; generally exaggerated fear of things that normal people do not fear with
the same degree

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DEPRESSION – extreme feeling of low morale, sadness, loneliness, self-pity, despair, rejection, boredom and pessimism; a person
is said to be depressed if these feelings become pervasive and can already affect all aspects of a person’s life

IMPULSE DISORDER – an excessive or unreasonable desire to do or have something; an irrational or irresistible motive;
examples of this are kleptomania, pyromania, dipsomania and others

PSYCHOSIS
 a more serious type of mental disorder, which can be organic or functional
 psychotic people lose contact with reality and have difficulty distinguishing reality from fantasy
 the most common type of psychosis are the following:

SCHIZOPRENIA – also called dementia praecox; characterized by distortions or withdrawal from reality, disturbances of thoughts
and language and withdrawal from social contact; a condition marked by incoherent thought process and lack of insight

PARANOIA - gradual impairment of the intellect, characterized by delusions or hallucination

DELUSION – false belief

HALLUCINATION – false perception

DELUSIONS OF GRANDEUR – a false belief that you are greater than everybody else

DELUSIONS OF PERSECUTION – a false belief that other people are conspiring to kill, harm or embarrass you

DELUSIONS OF REFERENCE – a false belief that everybody is always talking about you

BIPOLAR DISORDER – characterized by extreme mood swings; moods alternate between periods of wild elation and deep
depression
•
CRIMINAL PERSONALITY
 studies show that aggressive youth have unstable personality structures often marked by hyperactivity, impulsiveness and
instability

PSYCHOPATHICPERSONALITY OR ANTISOCIAL /SOCIOPATHIC PERSONALITY

 believed to be dangerous, aggressive, antisocial individuals who act in callous manner, who neither learn from their
mistakes nor are deterred by punishment
 they lack emotional depth, are incapable of caring for others, and maintain an abnormally low level of anxiety
 they lack moral conscience, and therefore they have no concept of what is right and wrong and legal and illegal

SOCIOLOGICAL DETERMINISM

Sociological factors refer to things, places and people with whom we come in contact with and which play a part in determining our
actions and conduct. These causes may bring about the development of criminal behavior.

EMILE DURKHEIM
 one of the founding scholars of sociology
 published a book, “The Division of Labor in Society”, which became a landmark work on the organization of societies
 according to him:
a) Crime is as normal a part of society as birth and death
b) Crime is part of human nature because it has existed during periods of both poverty and prosperity
c) As long as human differences exists, which is one of the fundamental conditions of society, it is but natural and
expected that it will result to criminality
- one of his profound contributions to contemporary criminology is the concept of anomie, the
breakdown of social order as a result of loss of standards and values
- according to him, the explanation of human conduct and human misconduct lies not in the individual
himself but in the group and social organization
- his ideas had become what is known as the ANOMIE THEORY

GABRIEL TARDE
 introduced the Theory of Imitation, which governs the process by which people become criminals
 according to him, individuals emulate behavior patterns in much the same way that they copy styles of dress

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  the Theory of Imitation is explained by the following patterns:
Pattern 1: individuals imitate others in proportion to the intensity and frequency of their contact
Pattern 2: inferiors imitate superiors
Pattern 3: when two behavior patterns clash, one may take the place of the other

ADOLPHE QUETELET and ANDRE MICHAEL GUERRY

 he repudiated the free will doctrine of the classicists
 he founded what is known as the CARTHOGRAPHIC SCHOOL OF CRIMINOLOGY, together with ANDRE MICHAEL
GUERRY
 this study used social statistical data and provided important demographic information on the population, including density,
gender, religious affiliations and social economic status
 he gathered data to investigate the influence of social factors on the commission of crimes
 he found a strong influence of age, sex, climate condition, population composition and economic status in criminality

ENRICO FERRI
 a member of the Italian parliament
 he believed that criminals could not be held morally responsible because they did not choose to commit crimes but was
driven to commit them by conditions of their lives
 a follower of Lombroso, who was actually the one who coined the term “born criminal” which was extensively used by
Lombroso
 he proposed that the commission of a crime was caused by a number of factors including physical (race, geographics,
temperature and climate), anthropological (age, sex, organic and psychological) and social (customs, religion, economics
and population density

SOCIOLOGICAL CONCEPTS AND CRIME CAUSATIONS

The study of sociology provides many ideas and opinions that help in understanding why a person becomes a criminal.

SOCIAL NORMS
 also called rules of conduct
 shared standard of behavior which in turn require certain expectations of behavior in a given situation
 socially accepted and expected behavior or conduct in society
 set of rules that govern an individuals behavior and actions

SOCIALIZATION
 refers to the learning process by which a person learns and internalizes the ways of society so that he can function and
become an active part of society

CULTURE
 refers to the system of values and meanings shared by a group of individuals including the embodiment of those values
and meanings in a material object
 refers to the way of life, modes of thinking, acting and feeling
 it is a design of living that is transmitted from one generation to the next

SUBCULTURE
 a substrata of society that maintains a unique set of values and beliefs that are in conflict with conventional social norms

CULTURAL TRANSMISSION
 the process where subcultural values are handed down from one generation to the next
 criminal behaviour is an expression of conformity to lower-class subcultural values which stress toughness, independence,
and standing up to authority

MODERN EXPLANATIONS OF CRIMES AND CRIMINAL BEHAVIOR

SOCIAL STRUCTURE THEORIES

 the view that a person’s position in the social structure controls behaviour
 those in the lowest socioeconomic level are more likely to succumb to crime-causing elements in their environment
 whereas those in the highest level enjoy social and economic advantages that protects them from crime-producing forces

SOCIAL DISORGANIZATION THEORY

 focuses on the conditions within the urban environment that affect crime rates
 links crime rate to neighbourhood ecological characteristics
PREPARED BY: MS.KEYWORD
PROF. ELLA KRISTINA ISIDRO-INGCAD
  views crime-ridden neighbourhoods as those in which residents are uninterested in community matters, therefore, the
common sources of control – family, school, church, barangay authorities – are weak and disorganized
 also called differential social organization

STRAIN THEORY
 holds that crime is a function of the conflict between the goals people have and the means they can use to legally obtain
them
 argues that the ability to obtain these goals is class dependent: members of the lower class are unable to achieve these goals
which come easily to those belonging to the upper class
 consequently, they feel anger, frustration and resentment, referred to as STRAIN
 the commission of crimes with the aim of achieving these goals result from this conflict

CULTURAL DEVIANCE THEORY

 combines the elements of both strain and disorganization theories
 theorizes that in order to cope with social isolation and economic deprivation, members of the lower class create an
independent subculture with its own set of rules and values
 criminal behavior is an expression of conformity to lower-class subcultural values

SOCIAL PROCESS THEORIES

 maintains that people commit crimes as a result of the experiences they have while they are being socialized by the various
organizations, institutions and processes of society
 points to the link between criminal behaviour and family problems, such as inconsistent discipline, poor supervision and
lack of warm, loving, supportive parent-child relationship, as one essential factor in criminality
 cites that educational experiences and socialization have significant impact on criminality

SOCIAL LEARNING THEORY

 believes that crime is a product of learning the norms, values and behaviors associated with criminal activity
 assumes that people are born “good” but learn to be “bad”

DIFFERENTIAL ASSOCIATION THEORY

 formulated by Edwin Sutherland
 believes that criminality is a function of a learning process that could affect any individual in any culture
 his theory is outlined as follows:
Criminal behavior is learned;
Criminal behavior is learned in interaction with other persons in a process of communication;

DIFFERENTIAL REINFORCEMENT THEORY

 according to this theory, people strike a balance between being “all-deviant” and “all-conforming”
 behavior persists depending on the degree to which it was rewarded or punished

SOCIAL CONTROL THEORY

 maintains that all people have the potential to violate the law and that modern society presents many opportunities for
illegal activities
 argues that people obey the law because behavior and passions are being controlled by internal and external forces
 everyone has the potential to become a criminal but most people are controlled by their bond to society, and crime occurs
when the forces that bind people to society are weakened or broken
 assumes people are born “bad” and must be controlled to be “good”

SOCIAL REACTION THEORY

 also called LABELING THEORY
 holds that people enter into law-violating careers when they are labeled for their acts and organize their personalities around
the labels
 negative labels have dramatic influence on the self-image of offenders
 says people become criminals when significant members of society label them as such and they accept those labels as a
personal identity
 assumes that whether “good” or “bad”, people are controlled by the reactions of others

PREPARED BY: MS.KEYWORD

PROF. ELLA KRISTINA ISIDRO-INGCAD
RATIONAL CHOICE THEORY/CHOICE THEORY
 contemporary form of the classical theory of crime and utilitarianism
 crime is viewed as a reasoned choice:
 all people of their own free will can choose between conventional or criminal behaviors;
 most people have the potential to violate the law because crime promises great rewards and requires less effort for greater
gain
 however, people will refrain from antisocial acts if they believe:
 that the severity of the punishment they will receive for their actions will outweigh any potential gain;
 that there is a substantial likelihood or certainty that they will be caught and punished;
 that punishment will be swift and timely.
 the punishments threatened by the existing criminal law are the primary deterrent to crime.

SOCIAL BONDS THEORY

 states that crime takes place when a person’s bonds to society are weakened or broken, thus, reducing personal stakes in
conformity
 individuals do not conform to the rules because he is not afraid of its effects on his relationship with his family, friends,
neighbors, employment, church and others
 bonds to society consist of four (4) components:
Attachment – to parents, to school, to peers
Commitment – aspirations to succeed in school and career
Involvement - participation with social and civic activities
Beliefs – agreement with the society’s value system and respect for its authorities and law

CONFLICT THEORY
 has one fundamental assumption: society is characterized by conflict rather than consensus
 believes that conflict is natural to society
 less concerned with individual behavior than with the making and enforcement of the law

RADICAL THEORY/MARXIST THEORY

 attributes crimes to capitalism
 singles out the relationship between the owners of the means of production or the capitalist, and the workers under
capitalism, as the root cause of crime
 crime is the result of struggle between economic classes
 views that only when capitalism is abolished will crime disappear
 the view that human behaviour is shaped by interpersonal conflict and that those who maintain social power will use it to
further their own needs
 views the economic and political forces operating in society as the fundamental causes of criminality

“Walang pangarap na hindi pinaghihirapan,

kung ang puso ay malinis tiyak ito ay makakamtan”
MS.KEYWORD
-Ella Kristina Isidro-Ingcad
2019

PREPARED BY: MS.KEYWORD

PROF. ELLA KRISTINA ISIDRO-INGCAD