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REVIEWER IN INTRODUCTION TO CRIMINOLOGY

Criminology
 In its broadest sense, criminology is the entire body of knowledge regarding crimes and criminals, and the effort of
the society to prevent and repress them.
 In a narrower sense, criminology is the scientific study of crimes and criminal behavior.
 refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention and solution of crimes.
(R.A. No. 11131)

Nature of Criminology
1. It is an applied science.
In the study of the causes of crimes, natural sciences such as anthropology, psychology and sociology may be
applied. While in the crime detection applied sciences such as chemistry, medicine, physics, mathematics, ballistics,
polygraphy, legal medicine and questioned document examination may be utilized. This called INSTRUMENTATION.
2. It is a social science.
In as much as crime is a social creation that exist in a society being a social phenomenon, its study must be a part of
social science. This means that the study of criminology includes not only the study of crimes and criminal behavior but also
the reaction of society towards crime and criminal behavior.
3. It is dynamic.
Criminology changes as social condition changes. It is related with advancement of other sciences that been applied
to it. This further means that criminology is relative. The study of crime changes when criminal laws, values, beliefs, social
structure, and other social factors change. The study of crime changes when its definition changes.
4. It is interdisciplinary
Many disciplines are involved in the study of crimes and criminal behavior. Among them are sociology, psychology,
psychiatry, economics, political science, and so on.
5. It is nationalistic
The study of crimes must be in relation with the existing criminal law within the territory or country. Finally, the
question as to whether an act is a crime is dependent on the criminal law of a state.

Edwind H Sutherland
 the father of American Criminology. According to Sutherland Criminology is the entire body of knowledge regarding crime as a
social phenomenon. It includes the scientific study of making of laws (sociology of law), breaking of laws (criminal etiology)
and reacting towards the breaking of laws (penology).
Raffaele Garofalo
 An Italian law professor who coined the term “criminologia”.
Paul Topinard
 French Anthropologist who coined the term “criminologie”.
Criminal Etiology – division of criminology which attempt to provide scientific analysis of the causes of crime.
Sociology of law - division of criminology which attempt to offer scientific analysis of the conditions under which penal or criminal law
develop as a process of formal social control.
Penology – study of the control of crimes and the rehabilitation and treatment of offenders.
Criminal Demography – study of the relationship between criminality and population.
Criminal Epidemiology – study of criminality in relation to spatial distribution in a community
Criminal Ecology – study of the relationship between environment and criminality
Criminal Physical Anthropology – study of criminality in relation to physical constitution of men
Criminal Psychology – study of human mind and behavior in relation criminality
Criminal Psychiatry – study of mental and behavioural disorders in relation to criminality
Victimology – study of the role of the victim in crime commission.
Criminologist – is any person who is a graduate of the degree of criminology, who has passed the examination for criminologists and is
registered as such by the Board (Section 22, R.A. 6506).

R.A. No. 6506 – an act creating the board of examiners for criminologist in the Philippines and for other purposes.

Criminologist – is a professional who studies crime, criminals, criminal behavior and efforts to control crime (Reid,1997).

CLASSICAL SCHOOL is based on the assumption that people exercise freewill and are thus completely responsible for their actions.
CESARE BECCARIA – Founder of Classical School
HEDONISM” – The idea held by the classical, that people only act according to what they find pleasurable and in their self-interest.
Human beings choose those actions that give pleasure and avoid that those bring pain.
JEREMY BENTHAM He is best known as an early advocate of “utilitarianism” and fair treatment of animals that influenced the
development of liberalism. He invented the Panopticon (all seeing-eye).
Panopticon is a type of institutional building and a system of control designed by the English philosopher and social theorist Jeremy
Bentham in the 18th century.
- A circular prison with cells arranged around a central well, from which prisoners could at all times be observed.

Utilitarianism – refers to the theory 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.

NEO-CLASSICAL SCHOOL - The neo-classical school of criminology is a modification of classical theory; it believed that certain
factors such as insanity will inhibit the exercise of free will. “Crime is the result of human free will but they commit crime due to some
compelling reasons prevailed”.

Determinism - refers to the view that an individual’s criminal lifestyle or actions is the direct result of genetic inheritance or biological
predisposition.

Positivism – (1) it refers to the evolutionary assumptions and scientific methods of the positivist school of criminology. (2) it is used to
characterize all approaches to criminology that are primarily concerned with questions of etiology, and which believed that social
phenomena can and should be explained in the manner of the natural sciences.

AUGUSTE COMTE is considered the father of positivist school and sociology. He applied scientific methods in the study of society,
from where he adopted the word Sociology.

POSITIVIST SCHOOL holds that human behaviour is determined and not a matter of free will, and that crime is caused by multiple
factors.
CESARE LOMBROSO
 an Italian criminologist, scientist, university professor, prison doctor and founder of criminal anthropology.
 He was one of the largest contributors to biological positivism
 founder of the Italian School of Positivist Criminology.
 Lombroso is widely known as the father of modern criminology. Lombroso wrote “The Criminal Man”.

Enrico Ferri is the best-known of Lombroso’s associates. Ferri believed that criminals could not be morally responsible because they
did not choose to commit crimes but rather were driven to commit them by conditions in their lives.

RAFFAELE GAROFALO According to Garofalo, “natural crimes” are those that offend the basic normal sentiments of probity, which
mean respect for the property of others, and piety or avoidance of causing infliction of sufferings to others. Influenced by the theory of
Darwin, Garofalo suggested that the death penalty could rid the society of its maladapted members, just as the natural selection
process eliminated maladapted organisms.

Difference between the Classical and Positivist


CLASSICAL SCHOOL - The basis of criminal liability is human free-will, and the purpose of penalty is retribution.
POSITIVIST SCHOOL _The basis of criminal liability is determinism and the purpose of penalty is reformation.

Bill of Attainder – this is a law which allows condemnation without judicial trial.
Ex Post Facto Law – it is a law which make certain acts punishable even if the act is not punishable at the time of its commission.
Criminal Law is that branch or divisions of law which defines crimes, treats of their nature and provides for their punishment.
Law is defined as formal social control involving the use of rules, norms that are enacted, interpreted, administered and enforced by
specialized agents of the political state or community.
Law is also defined as a rule of conduct promulgated duly constituted authority
General - in that criminal law is binding on all persons who live or sojourn in Philippine territory.
Territorial - in that criminal laws undertake to punish crimes committed within Philippine territory.
Prospective - in that penal law cannot make an act punishable in a manner in which it was not punishable when committed.
Act No. 3815 – otherwise known as “The Revise Penal Code”
Revised Penal Code – it is the book that contains the Philippine Criminal Law. It was enacted on December 1930, and took effect on
January 1, 1932.
Crime – is defined as an act committed or omitted in violation of public law forbidding or commanding it. Crime is also defined as an act
that violates the law of the nation. Acts defined and penalized by the Revised Penal Code are called Felonies, while acts defined and
penalized by Special laws are called Offenses.
Special Law is a statute enacted by Congress, penal in character, which is not an amendment of the Revised Penal Code.
Delinquency/Misdemeanor/Infraction – it is an act that is in violation of a simple rule or regulation, a minor violation of the law. It usually
refers to those committed by minor offenders such as violations of city or municipal ordinances. Examples are jaywalking, littering, and
certain traffic violations.
Mala in se – the term means “evil in itself.” They are crimes that are wrong in themselves. The term mala in se, refers generally to
felonies defined and penalized by the Revised Penal Code (RPC)
Mala prohibita – this means “wrong because it is prohibited.” They are offenses that are illegal because law define them as such. The
term mala prohibita, refers generally to acts made criminal by special laws.

dolo or deceit - when the act is performed with deliberate intent (intentional felony);
fault or culpa - when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill (culpable felony).

Attempted felony – when the offender commences the commission of the felony directly by overt acts and does not perform all the acts
of execution, which could produce the felony by reason of some causes or accident other than his own spontaneous desistance.
Frustrated felony - when the offender performs all the acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
Consummated - when all the elements necessary for its execution and accomplishment are present.

Definition of Criminal
 In the legal sense, a Criminal is any person who has been found to commit a wrongful act in the course of the standard judicial
processes. There must be a final verdict of his guilt.
 In the criminological sense, a person is already considered criminal the moment he committed any anti-social act.
A criminal is a person who has violated the penal law and has been found guilty of the crime charges upon observing of the standard
judicial procedure while a delinquent is a person who merely committed an act not in conformity with the norms of society.

Classification of Criminals (Revised Penal Code)


1. Recidivist – is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another
crime embraced in the same title of the revised penal code.
2. Quasi-recidivist – is one who commits another crime after having been convicted by final judgment of a crime falling under
either the Revised Penal Code or Special Law, before beginning to serve such sentence or while serving the same.
3. Habitual delinquent – is one who, within the period of ten (10) years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery, estafa, or falsification, is found guilty of any of the said crimes for
the third time or oftener.

Criminological Classification of crimes

1. As to the result of crimes


a. Acquisitive crimes – when the offender acquires something as a consequence of his criminal act.
b. Extinctive crimes – when the result of a criminal act is destructive.
2. As to the time or period committed
a. Seasonal crimes – those committed only during a certain period of time of the year like during election period, Christmas
season, etc.
b. Situational crimes – those committed only when given the situation conducive to their commission.
3. As to the length of time committed
a. Instant crimes – those committed in the shortest possible time.
b. Episodic crimes – those committed by a series of acts in a lengthy space of time.
4. As to the location of the commission
a. Static crimes – those committed on only one place.
b. Continuing crime – those committed in several places.
5. As to the use of mental faculties
a. Rational crimes – those committed with intention and offender is in full possession of his sanity
b. Irrational crimes – those committed by person who do not know the nature and quality of their acts on account of mental
diseases.
6. As to the type of offenders
a. White-collar crimes – those committed by persons of respectability and of upper socio-economic class in the course of
their occupational activities; also referred to as corporate or occupational crime.
b. Blue-collar crimes – those committed by ordinary professional criminals to maintain their livelihood.

Approaches and Methods in Criminology for Study of Crimes are as follows.


1. The Biological Approach. The biological theories of criminal behaviour says that its study of criminal in biological perspectives.
2. Psychogenic Approach. The emphasis is based on linking criminal behaviour to mental state, especially mental evidence
disease; mental disorders, pathologies and emotional problems and they repeatedly assert that crime is outcome of criminal
mind.
3. Multiple Approach.
Types of Explanation to Criminal Behavior
a. Single or Unitary Cause – crime is produce only by one factor or variable, they are social, biological or mental.
b. Multiple Factor Theory – crime is not a product of a single cause or factor but a combination of several factors. This is the
accepted theory of crime causation.
c. Eclectic Theory – crime in one instance maybe caused by one or more factors, while in other instance it is cause by another
set of factors.
The Martin Kallikak Family: A Study in the Heredity of Feeble-Mindedness was a 1912 book by the
American psychologist and eugenicist Henry H. Goddard.
The Max Jukes Family: A Study in Crime, Pauperism, Disease and Heredity (Richard L. Dugdale and Arthur Estabrook) a study of rural
clan that over seven generations produced 1,200 bastards, beggars, murderers, prostitutes, thieves and syphilitics.
Ada Juke, was also known as “Margaret” became the “mother of criminals.”
The Study of Sir Jonathan Edwards Family Tree. Sir Jonathan Edwards was a famous preacher during the colonial period. When his
family tree was traced, none of the descendants was found to be criminal. Rather, many became presidents of the United States,
governors, members of the supreme court, famous writers, preachers and teachers.
The Twin Behavior Studies. If there is greater similarity in behavior between identical twins than between fraternal twins, the behavior
must be due to heredity.
In 1920’s, Johannes Lange studied 30 pairs of same sex twins – 13 identical and 17 fraternal twins. Both twins in 10 of the 13
pairs of identical twins were criminal; 2 of the 17 pairs of fraternal twins were both criminal.
The XYY “Supermale” Studies
Patricia A. Jacobs, a British researcher who examined 197 Scottish prisoners for chromosomal abnormalities through a
relatively simple blood test known as Karyotyping.
XY – normal male chromosomes
XX – normal female chromosomes
Klinefelters Syndrome

Physiognomy (by Johann Kaspar Lavater)


Physiognomy is the study of facial features of a person in relation to his criminal behavior. 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. Physiognomy
is a pseudo science. (pseudo means fake, not true).
Phrenology or Craniology
(by Franz Joseph Gall)
is the study of the external formation of the skull indicating the conformation of the brain and the development of its various parts in
relation to the behavior of the criminal.
Phrenology or Craniology
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”).
Physiology or Somatotype 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.
Study of Kretschmer by Classifying Types of Physique and type of crimes they are prone to commit:
1. Pyknic Type – those who are stout and with round bodies. They tend to commit deception, fraud and violence.
2. Athletic Type – those who are muscular and strong. They are usually connected with crimes or violence.
3. Asthenic Type – those who are skinny and slender. Their crimes are petty thieves and fraud.
4. Dysplastic or Mixed Type – those who are clear evident having any predominant type. Their offenses are against decency and
morality.
5. Sheldon’s Somatotypes and its Temperaments and Personalities.

Body Type Physical Attributes Temperament

Ectomorphic This body type is characterized by long arms and legs and This body type are Cerebrotonic or restrained, shy
a short upper body and narrow shoulders and supposedly and inhibited temperament
has a higher proportion of nervous tissue
Mesomorphic This body type is characterized by a high rate of muscle This body type are Somatonic and likely
and a higher proportion of muscular tissue associated with delinquency or somatotonia which
he described as a predominance of muscular
activity and vigorous bodily assertiveness
Endomorphic This body type is characterized by an increased amount of This body type are Viscerotonic or relaxed and
fat storage, due to having a larger number of fat cells than sociable
the average person, as well as higher proportion of
muscular tissue

A. PSYCHODYNAMIC THEORY
Proponents of psychodynamic theory suggest that an individual’s personality is controlled by unconscious mental processes
that are grounded in early childhood. This theory was originated by Sigmund Freud (1856–1939), the founder of psychoanalysis.
Three Elements or Structure that make up the human personality:

1. ID (instinctual drives)
The primitive part of a person’s mental makeup that is present at birth. Freud (1933) believed the id
represents the unconscious biological drives for food, sex, and other necessities over the life span. Most important is
the idea that the id is concerned with instant pleasure or gratification while disregarding concern for others. This is
known as the pleasure principle, and it is often paramount when discussing criminal behavior. All too often, one sees
news stories and studies about criminal offenders who have no concern for anyone but themselves. Is it possible that
these male and female offenders are driven by instant gratification?
2. EGO
The second element of the human personality is the ego, which is thought to develop early in a person’s life.
For example, when children learn that their wishes cannot be gratified instantaneously, they often throw a tantrum.
Freud (1933) suggested that the ego compensates for the demands of the id by guiding an individual’s actions or
behaviors to keep him or her within the boundaries of society. The ego is guided by the reality principle.
3. SUPER EGO
The third element of personality, the superego, develops as a person incorporates the moral standards and
values of the community; parents; and significant others, such as friends and clergy members. The focus of the
superego is morality. The superego serves to pass judgment on the behavior and actions of individuals (Freud,
1933). The ego mediates between the id’s desire for instant gratification and the strict morality of the superego. One
can assume that young adults as well as adults understand right from wrong. However, when a crime is committed,
advocates of psychodynamic theory would suggest that an individual committed a crime because he or she has an
underdeveloped superego.

WILLIAM HEALY (The Individual Delinquency - 1915) claimed that the crime is an expression of the mental content of the individual.

ALFRED ADLER (1870-1937) who developed the concept of INFERIORITY COMPLEX. This might an explanation that crime so that
men get attention and the attention may help to compensate for a person’s sense of inferiority.

BROMBERG (Crime and Mind, 1948) claimed that criminality is the result of emotional immaturity.

ERIK ERICKSON (1902-1994) was a German-American developmental psychologist and psychoanalyst known for his theory on


psychological development of human beings. He may be most famous for coining the phrase identity crisis which he means a period of
serious analysis of man to determine their own values and sense of direction.
CARL GUSTAV JUNG (1875-1960) developed and popularized the concept of EXTROVERT and INTROVERT. These have been
utilized in the modern research of psychoanalyst, especially with reference to recidivism and psychopathy.
AUGUST AICHORN – in his book entitled Wayward Youth, 1935; said the cause of crime and delinquency is the faulty development of
the child during the first few years of his life.
DAVID ABRAHAMSEN – in his Crime and Human Mind, 1945: explained that the causes of crime by this formula, Criminal Behavior
equals Criminalistics Tendency plus Crime Inducing Situation divided by the Persons Mental or Emotional Resistance to Temptation.
This is described as: C = CT + CIS / PMRT.
SIR CYRIL BURT (1883-1971) (Young Delinquent, 1925) gave the theory of general emotionality. According to him many offenses of a
particular instinctive drive.
1. Mental Deficiency – a condition of arrested or incomplete development of the mind existing before the age of 18, whether
arising from inherent causes or induced 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 - person whose case there exist mental defectiveness of such a degree that they are unable to guard themselves
against common physical dangers. Their mentality is compared to a 2 years old person.
b. Imbecile – person on whose case there exist mental defectiveness which not amounting to idiocy is yet pronounce that
they are incapable of managing themselves on their affairs. Their mentality is like a child of 2 to 7 years old.
c. Feeble-Minded Person – those on whose case there exist mental defectiveness which though not amounting to imbecility,
is yet so pronounce that they required care, supervision and control for their own or for the protection of others, or in the
case of children, they appear to be permanently incapable by reason of such defectiveness on receiving proper benefit
from the instruction in ordinary schools.
2. Schizophrenia – this is sometimes 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.
3. Compulsive Neurosis – this is the uncontrollable or irresistible impulse to do something. A disorder of the psychic and mental
functions without lesions of nerves and less severity that psychosis. Usually it is accompanied by a morbid nature or tendency
on a particular act or object.

This Neurosis may be in the following forms:


a. Pyromania – compulsive desire to set fire.
b. Homicidal Compulsion – irresistible urge to kill somebody.
c. Kleptomania – the compulsive desire to steal.
d. Dipsomania – the compulsive desire to drink alcohol.

4. 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.
5. Epilepsy – this is a condition characterized by convulsive seizures and a tendency to mental deterioration. The seizure may be
extreme loss of consciousness.
Types of Epilepsy
a. Grand Mal – there is a complete loss of consciousness and general contraction of the muscles;
b. Petit Mal – mild or complete loss of consciousness and contraction of the muscles;
c. Jacksonian Type – localized contraction of the muscles with or without loss of consciousness.

6. Alcoholism – this is a form of vice causing mental disturbance. It is a condition wherein a person is under the influence of
intoxicating liquor.
7. Drug Addiction – this is another form of vice which causes strong mental disturbance. It is the state of periodic or chronic
intoxication produce by the repeated consumption of natural or synthetic drugs.

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