What is CRIMINOLOGY?

The word criminology was derived from the Latin word: crimen which means crime or violation
of the law and Greek word: logia, meaning study of, therefore, criminoiogy is simply defined as
the study of crime as a social phenomenon.

It is an interdisciplinary field in the behavioral

sciences related in the study of society as a whole (sociology) and study of human and animal
behavior (psychology).

In 1885, ltalian Law Professor Rafaele Garofalo coined the term "criminology" (in italian,
criminoiogia).

in 1889, French Anthropologist Paul Topinard

used it for the first time in French criminologie.

This branch of knowledge also attempts to

scientificaly analyze the causes of crimes and delinquency together with the corresponding
prevention and control measures that can be adopted.

It is also referring to the entire body of knowledge regarding crimes, criminals and the effort of
the society to prevent and repress them. (Maglinao)

Likewise, this discipline deals with the origin,

nature, extent and explanations on how and why crimes exist, the individual and collectivé
characteristics of law violators, their organization and the problems encountered in the
management and supervision of correctional institutions for the treatment of the latter.

Principal Divisions of Criminology (ESP)

In its narrowest sense, criminology is the scientific study of crimes and criminals which is
divided into three principal divisions..
1.Etiology of Crimes
It is the scientific analysis of the causation of crimes and the behavior of the criminal.
2. Sociology of Laws
It refers to the investigation of the nature of criminal law and its administration
3. Penology
It is the study of the control of crimes and the
rehabilitation of the offender.

Nature of Criminology (DANS)

Many are still confused about the nature of
Criminology as a body of knowledge. People are asking, Is Criminology a Science or an Art?
Before we answer that question, we should make a distinction first between science and art.
SCIENCE in its broadest sense, came from the Latin word scientia, meaning "knowledge". It
refers to any systematic knowledge or practice. In its more usual restricted sense, science
refers to a system of acquiring knowledge based on scientific method, as well as to the
organized body of knowledge gained through research. In its simplest sense, it is defined as the
systematized body of knowledge.

On the other hand, ART refers to the use of skill and imagination in the creation of aesthetic
objects,.environment or experiences that can be shared with others

According to George Wilker, a known criminologist, criminology cannot become a science

because it has not yet acquired universal validity and acceptance. Laws in one country are
different in another country. The acts that are accepted in one society might be considered
violations in another society. That is why criminology cannot be considered as an absolute
science. However, Edwin Sutherland who is known as the Dean of Modern Criminology hoped
that it will become a science in the future, since the causes of crimes are almost the same. It
might be a Biological, Environmental or combination of the two. For example, many committed
crimes against property Iike robbery and theft because of economic difficulty. This cause is the
same almost everywhere across the planet
Criminology is a systematized and objective study of crimes and criminals as a social
phenomenon. Generally, it is not an absolute science because its principles have not yet
acquired universal validity and acceptance. It is not fixed or stable and it varies from one time
and place to another

However, it is a science in itself especially when under the following nature:

1. Dynämic
The body of knowledge about cimes and criminals changes as the social condition changes. It is
not fixed nor
permanent instead it varies from one place to another.
2. Applied Science
The study of the causes of crimes, psychology, anthropology and other natural sciences may be
applied. In scientific crime detection, different branches of criminalistics like Forensic Chemistry
and Toxicology, Legal Medicine, Questioned Document Examinations, Dactyloscopy and others
may be used.

3. Nationalistic
The study of criminology must be in relation with the existing penal law within a specific territory
because an act in one country may be considered a crime but not in other
countries.

4. Social Science
Crime is considered part of the social science because it's a creation of men who are members
of the society.

Brief History of Criminology

The study of criminology started in Europe when the Founder of the Positivist School of
Thought, Dr. Cesare Lombroso advocated the theory that crime can be attributed
to a hereditary predisposition in certain individuals.

In the later part of the 19th century, criminology was accepted as a field of study by the
department of sociology in the United States of America and many American sociologists
became interested on it because they were impressed in the Lombrosorian's arguments, but not
until about 1915 where in the environmental factors became
more popular and accepted as the causes of criminality.

In the Philippines, the first school of criminology was estabiished and founded by Manila Major
Police Eliseo Vibar, Dr. Pedro Solis of the National Bureau of Investigation, Supreme Court
Associate Justice Felix Angelo Bautista and others on the 1950's at Sta. Cruz, Manila. This
Pioneering School for scientific crime detection and investigation in the country and Southeast
Asia was the Plaridel Educational Institution, now known as the Philippine College of
Criminology (PCCR). In the earlypart of 1960's, criminology course was also offered by the
University of Manila, Abad Santos College, University of the Visayas, University of Mindanao,
University of Baguio and in all regions of the country.
The Board of Examiners for Criminology was created on July 1, 1972, pursuant to Republic Act
No. 6506 entitled "An Act Creating the Board of Examiners for Criminologists in the Philippines
and For Other Purposes

The first Board, constituted in 1987, was composed of Dr. Sixto O. de Leon as Chaiman, Atty.
Virgilio B. Andres and Jaime S. Navarro  as Members.

On that same year, the Syllabi of Subjects in the licensure examinations for Criminologists was
promulgated. A month after it, the Criminology program became one of the most popular
disciplines in the country.

Who is a Criminologist?
He is any person who is a graduate with the degree of Bachelor of Science in Criminology, who
has passed the examination for criminologist and is registered as such by the Board of
Examiners of the Professional Regulation Commission. (RA 6506)

After passing the Board Exam for Criminology, you will be called as Registered/ Licensed/
Certified Criminologist and can now exercise the privileges of your chosen profession..

UPDATES: Pointers for "The Philippine Criminology Profession Act of 2018" (Republic Act
Number 11131)
An act regulating the practice of criminology
profession in the Philippines and appropriating funds therefor, repealing for the purpose
Republic Act No. 6506, otherwise known as "An Act Creating the Board of Examiners for
Criminologists in the Philippines"

ARTICLE I Title, Policy, Objectives, Terms and Practice

Sec. 3. Objectives
(a) The examination, registration, and licensure for criminologists;
(b) The supervision, control, and regulation of the practice of criminology:
(c)The standardization and regulation of
criminology education;
(d) The development of the professional
competence of criminologists through Continuing Professional Development (CPD); and
(e) The integration of all criminology professional groups, and membership of all registered
criminologists to the accredited professional organization.

Sec. 4. Definition of Terms (Selected)

(a) APO refers to the Accredited Professional
Organization of criminologists that the Professional Regulatory Board for Criminology, as the
one and only recognized and accredited integrated national organizationof criminologists,
subject to the approval of the PRC.
(f) Profession refers to the art and science in the practice of criminology discipline
(g) Registered Criminologist refers to a natural person who holds a valid certificate of
registration and an updated professional identification card as criminologist issued by the Board
and the Commission.

Sec. 5. Scope of Practice

(a) As a law enforcement administrator, executive, adviser, consultant, officer, investigator,
agent or employee in any pivate or govemment agencies perfoming law enforcement and quasi-
police functions at the,
i. PNP
ii. NBI
iii. PDEA
iv. BFP
v. BJMP
vi. BuCor
vii. PPA
viii. BIR
ix. BoC
x. BSP
xi. Other Banks
xii. Phil. Postal Corp
xiii. Sea and Air Marshalls
xiv. VIP Security
xv. Airport and Seaport Police
xvi. NICA
xvii. ISAFP;

(b) As a teacher of professional and conponent subjects of the criminology progran

(c) As a technician, exanminer/ criminalist, or
specialist in dactyloscopy, questions document, DNA, lie detection, fiream identification, forensic
photography ,forensic chemistry and other scientific crime detection and investigation;
(d) As a corectional administrator, executive
supervisor, or officer in any rehabilitation, correctional and penal institution or facility, and in any
community based corections, and rehabilitation agencies and/ or programs
(e) As a counsellor, consultant, adviser, researcher in any government or private agency on any
aspects of
criminological research or project involving the causes of crime, children in conflict with the law,
treatment of offenders, police operations, law enforcement
administration, scientific criminal investigation or public safety and national security
administration; and
(f) As a private investigator administrator,
consultant or agent, or detective in any private security and investigation agency.

ARTICLE II
Professional Regulatory Board for Criminologists
Sec. 6. Creation and Composition
A collegial body under administrative
the supervision and control of the PRC, to be composed of a Chairperson and four (4) members
appointed by the President of the Philippines from a list of three (3) recommendees for each
position, chosen and ranked by the Commission from a list of three (3) nominees for every
position endorsed by the APO.

Sec. 7. Qualifications of the Chairperson and Members of the Board (at the time of their
appointment)
(a) Natural - born Filipino citizen and a resident of the Philippines,
(b) Of good rnoral character, good reputation and of sound mind and body,
(c) Not convicted of a court of competent jurisdiction of any offense involving moral turpitude;
(d) Graduate of Bachelor of Science in Criminology, and a holder of a Post - Graduate Degree
in Criminology or a lawyer in any reputable school recognized by the CHED
(e) Registered Criminologist with a valid certificate of registration and a valid professional
identification card having at least ten (10) years of practice in the profession prior to the
appointment including no less than two (2) years teaching experience of criminology or law
subjects in fulltime or part time capacity in the college of criminology or college of law
recognized by the government through the CHED;
(f) member in good standing of the APO but not an officer or trustee thereof; and
(g) Not be a member of the faculty of any school, college or university where a regular class or
review course in criminology is offered, nor a member of the staff of reviewers in a review
school or center, and must not have any direct or indirect pecuniary interest in any such
institution.

Sec. 8. Term of Office

Three (3) years from the date of appointment or until their successors shall have been qualified
and appointed.

They may be reappointed to the same office for another term of three (3) years immediately
after the expiry of their term:

Provided, that the holding of such position shall not be more than two (2) terms nor more than
six (6) years, whichever is longer.

Provided further, that the first Board under this Act shall hold these terms of office:
The Chairperson for three (3) years,
The first two (2) members for two (2) years,
And the second two (2) members for one (1) year

Provided finally, that any appointee to a vacancy with an unexpired period shall only serve such
period.

ARTICLE lII
Examination, Registration, Certification and Licensure Passing of Licensure
Sec. 13. Examination Requirements
Except as otherwise specifically allowed under this Act, applicants for registration for the
practice of criminology shall be required to pass a licensure examination.

Sec. 14. Qualifications of an Applicant for the Licensure Examination

(a) Citizen of the Philippinies or a foreign citizen whose country/state has reciprocity with the
Philippines in the practice of criminology:
(b) Of good moral character, good reputation and of sound mind and body certified by the
school where he/she graduated and the barangay where he/she lives, unless the examinee is a
foreign national a certification from any professional of good standing will do;
(c) Hold a bachelors degree in criminology dulya ccredited by the CHED and conferred by a
school/college/university duly authorized by the government or its equivalent degree obtained
by either a Filipino or foreign citizen from an institution of learning in a foreign country/state:
Provided, that it is duly recognized and/or accredited by the CHED;
(d) Not have been convicted of an offense involving moral turpitude by a court of competent
jurisdiction; and
(e) Those who failed five (5) times whether
consecutive or cumulative in the criminologist licensure examination, must present a certification
issued by a reputable institution duly recognized by the CHED that such applicant has
satisfactorily completed a refresher course incriminology
Sec. 15. Subjects for Licensure Examination
(a) Criminal Jurisprudence and Procedure (20%):
1. Criminal Law Book One (1);
2. Criminal Law Book Two (2);
3. Related Special Penal Laws;
4. Criminal Procedure
5. Evidence; and
6. Court Testimony

(b) Law Enforcement Administration (20%):

1. Police Organization and Administration with Police Planning:with Police
2. Police Patrol Operations Communication System;
3. Police Intelligence;
4. Police Personnel and Records Management;
5. Comparative Police System; and
6. Industrial Security Management.

(c) Crime Detection and Investigation (15%):

1. Fundamentals of Criminal investigation;
2. Special Crime Investigation;
3. Organized Crime Investigation;
4. Fire Technology and Arson investigation
5. Traffic Management and Accident Investigaion;and
6. Drug Education and Investigetion with ViceControl

(d) Criminalistics (20%):

1. Forensic Photography
2. Personal ldentification;
3. Forensic Medicine;
4. Polygraphy,
5. Forensic Ballistics; and
6. Questioned Document Examination

(e) Correctional Administration (10%):

1. Institutional Corrections; and
2. Non -Institutionai Corrections.

(f) Criminal Sociology (15%):

1. Introducticn to Criminology and Psychology of Crimes
2. Philippine Criminal Justice System;
3. Ethics and Values
4. Juvenile Delinquency and Crime Prevention;5. Human Behavior and Crime Management,
and
6. Criminological Research and Statistics.
In the conduct of examination, the Board may give practical and field examinations in each
subject, as it may deem fit.
Sec. 17. Rating in the Licensure Examination
To pass the licensure examination for criminologist, a candidate must obtain a weighted
average rating of seventy five percent (75%) with no grade less than sixty percent (60%) in any
given subject.
In case the examinee obtains a weighted average rating of seventy-five percent (75%) but has a
grade below sixty percent (60%) in any of the subjects, the result of the examinee shall be
deferred, and be required to retake that particular subject/s.

The deferred examinee shall only be allowed to retake once within two (2) years from the date
of examination, and shall be required to obtain a grade not lower that eighty percent (80%) on
the subject, to be considered to have passed the licensure examinatiorn.

If the examinee failed to retake after the lapse of two (2) years or failed to get the passing mark
of eighty percent (80%), the examinee shall retake all the board Subjects.

Sec. 19. Oath

All successful candidates of the licensure
examination shall take their oath of profession in person before the Board or any of its
members, and with the APO in an oath - taking ceremony held for such purpose. Any person
authorized by law may administer oath to any successful examinees only upon membership of
the APO prior to entering the practice of the profession.

Sec.25. Renewal of Professional ldentification Card

The professional identification card shall be
renewed only upon the completion of the prescribed minimum units of the CPD program by the
registrant from the APO or any accredited provider authorized by the Commission.

ARTICLE V
Privileges of Registered Criminologists
Sec. 34. Priviieges of Registered Criminoiogist
Exempt from taking any other entrance or
qualifying government or civil service examinations, and shall be considered civil service eligible
to the following government positions, among others:
1. Dactylographer,
2. Ballistician;
3. Questioned Document Examiner;
4. Forensic Photographer
5. Polygraph Examiner,
6. Probation Officer,
7.Parole Officer
8. Special Investigator;
9. Special Agent;
10. Investigative Agent;
11. Intelligence Agent;
12. Law Enforcement Evaluation Officer
13. NAPOLCOM Inspector,
14. Traffic Operation Officer;
15. Associate Graft Investigation Officer,
16. Special Police Officer
17. Safekeeping Officer
18. Sheriff
19. Security Officer,
20. Criminal Inveator,
21. Warden
22. Reformation Officer
23. Fire Fighter,
24. Fire Marshall;
25. Jail Officer up to the rank of Jail Superintendent
26. Police Officer up to the rank of Police
Superintendent; and
27. Other law enforcement agencies, and agencies.under the Criminal Justice System.
Sec. 35. Preference of Appointment in Government Criminal Justice and Other Government
institutions
Registered criminologists shall enjoy priority of appointment and shall not be required to take
any qualifying or entrance examinations in the following
1. PNP;
2. NBI;
3. BJMP
4. BFP;
5. LTO;related to
positions
6. Other government criminology, police and law enforcement work, investigations and security,
corections and public safety of the following bureaus, departments, institutions or agencies of
thegovernment:
i. DOJ;
ii. CHR
iii. Office of the Ombudsman
iv. Philippine Ports Authority;
v. COMELEC;
vi. Bureau of Treasury:
vii. PAGCOR;
viii. DENR;
ix. DOT;
x. DTI;

xi.AFP:
xii. Bureau of Immigration;
xiii. BoC
xiv. DOTr
xv. Air Transporiation Office;
xvi. CAAP
xvii. BSP;
xvii. BIR;
xix. CHED;
xx. City Municipal Security Office;
xxi. Provincial Jail;
xxii. Provincial Security Office;
xxiii. MMDA;
xxiv. Supreme Court and lower courts;
xxv. Security Consultation;
xxvi. SSS;
xxvii. NAPOLCOM;
xxvii. ARMM;
xxix. Optical Media Board;
xxx. Intellectual Property Rights Office;
xxxi. PDEA;
xxxii. PAO;
xxxii. PPC;
xxxiv. GOCC and other government
agencies with positions involving the practice of criminology.

Sec. 36. Lateral Entry of Registered Criminologists

Registered criminologists who are not in the
government service shall be eligible and given preference for appointment via lateral entry as
Police, Fire, and Jail Inspectors or its equivalent in the PDEA, NBI, and other law enforcement
agencies.

Provided, that they possess the general

qualifications for appointment as provided in the existing laws on appointment of officers in the
PNP, BJMP, BFP, PDEA, or NBI.

Provided further, that those who are already in the police, fire and jail service as non-
commissioned officers and who are already registered and licensed criminologists shall be
given preference for lateral entry.
Sec. 37. Penal Clause
A fine of not less than P100,000.00 nor more than P500,000.00, or imprisonment for not less
than two (2) years and one (1) day nor more than six (6) years, or both, at the discretion of the
court shall be imposed upon any person who shall commit any of the following acts:
(a) Practicing criminology without valid certificate of registration and a valid professional
identification card or a valid temporary/ special permit;
(b) Attempting to use the seal, certificate of
registration and a professional identification card of are gistered criminologist or temporary/
special permit issued to a foreign criminologist;
(c) Abetting the illegal practice of criminology by an unregistered or unauthorized person;
(d) Securing through false information or fraudulent certificate of registration
and professional means identification card or temporary/ special permit;

(e) Impersonating a registered criminologist or a holder of a temporary/special permit, and

(f) Violating any provision of this Act or the IRR thereof. Where the violator is a juridical person,
the Board of Directors, and other responsible officers of the corporation shall be held liable.

Theoretical Approaches of Crime (SOC))

Crime is an act or omission punishable by law. There are several explanations why and how
crimes are committed.

The following are the most popular and generaly accepted theories of crimes:

1. Subjective Approaches (BAM- 4P)

This approach deals primarily on the biological explanation on how and why crimes are committed. It
discusses the forms of abnormalities that present in the individual perpetrator/malefactor before,
during and after the violation of the laws. Included under this approach are:

A. Biological

According to Taft, heredity is one major factor

why the person commits crime. As the saying says, "Like Father, Like Son" or "It is in the blood".
B. Anthropological

This deals with the study on the physical features/characteristics of an individual criminal with non-
criminal to determine differences covering criminal behavior. (Hooton)

C. Medical

The science of medicine explains the mental and physical conditions of the person prior and after the
commission of the crime. (Positivist)

D.Physiological

Maslow advocated the Hierarchy of Needs.

Maslow's hierarchy of needs states that individuals' main needs are satisfied in the following sequence:
physiological; security and safety; love, belongingness and sex; self esteem; and self-actualization. He
explained that the deprivation of the primary needs of a person is a strong factor in the commission of
crime.

According to this hierarchy, people are motivated to satisfy their need for food first and to satisfy their
need for safety before their need for love. According to King (2009)

if we think of our needs as calls for action, hunger and safety needs below loudly, while the need for
self-actualization beckons with a whisper. Maslow asserted that the lower the needs in the hierarchy
come from deficiencies such as hungry, lonely, or afraid and that we see the higher-level needs in a
person who is relatively sated in these basic needs. Such an individual can turn his or her attention to
the fulfillment of a higher calling.

E. Psychological According to Freud and Maslow, the deprivation of the psychological needs of man
contributed in the development of the deviations to normal behavior resulting to repulsive sentiment
and action.

F. Psychiatric

This explains that the mental disease of the person is the reason why he infringed the existing norms
and jaws of the land.

G. Psychoanalytical

The imbalance state of ld, Ego and Super ego is the cause of the deviation of the individual to the normal
pattern of rules and regulations present in the society.
2. Objective Approaches (G-SEE)

It focuses on the study of group of individual, social processes and institutions as influences to and
determiners of behavior. These are mainly obtained from social sciences like:

a. Geographic

it considers topography, natural resources,

geographical location and climate which push a person to commit crimes. (Quetelet)

b. Socio - Cultural

Cohen affims that institutions, education, politics and religion are major factors in the commission of
crimes.

C. Ecological

According to Park, this approach deals with the biotic grouping of men resulting to migration,
Competition, social discrimination, division of labor and social conflict as influences to the commission of
crimes.

d. Economic

Merton believed that poverty or economic difficulty pushes a person to commit crime in order to
support his and his families' needs.

3. Contemporary Approach

It is the combination of the different approaches to explain reasons or causes for the commission of
crimes, which focuses on the psychoanalytical, psychiatric and sociological theories.

Schools of Criminology in the different era

In order that the concept of crimes will be

appreciated better, it is necessary that the schools of thought in criminology with different types of
explanations to crimes should also be learned.

Below are the three (3) types of explanations to the existence of criminal behavior.
1. Single/ Unitary Theory

The crime is caused by only one factor. It may be biological, sociological or psychological. This theory is
no longer used at present

2. Multiple Factor Theory

Crime is produced by two or more factors.

3. Eclectic Theory

In one situation, crime resulted by one or more factors while in other instance, it is caused by another
set of factors.

The theories of the social scientist, anthropologists and criminologists from the early beginning up to the
modern era will nelp us understend the explanations on why and how the person commits crimes. The
following are the key ideas

to crime and criminality.

EARLY BEGINNINGS

Demonological Theory

It asserted that a person committed wrongful acts due to the fact that he was possessed by demons or
damned by other worldly forces

PRE 20th CENTURY (1738- 1798) (CNP)

The world of criminology in the pre twentieth century has been divided into three broad schools of
thought that explain the causes of crimes namely;

Classical School of Thought by Cesare Beccaria

This school of criminology is composed of group of thinkers who focused their studies and research on
crime and punishment. Its most prominent advocates are Cesare Beccaria (Cesare Bonesara Marchese
de Beccaria) who is known as the Founder of the Classical School of Thought, and Jeremy Bentham. They
believed that an individual always acts to seek pleasure and avoid pain. In Beccaria 'Essay on Crimes and
Punishment, the latter asserted the abolition of torture as a legitimate means of extracting confessions

The said book founded the Classical Theory of Criminology which has the following characteristics:

a. The basis of criminal liability is human free will and the purpose of penalty is retribution.
b. That man is essentially a moral creature with an absolutely 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, the

criminal himself.

c. It has endeavored to establish a mechanical and direct proportion between crime and penalty.

d. There is a scant regard to the human element. This school of criminology by Beccaria was very well
accepted during the 18th century. Likewise, it was supported by Jeremy Bentham in his Hedonism
principle which explains that a man chooses between pleasure and pain

Majority of the Philippine Revised Penal Code (RPC) principles and concepts were derived from this
school of thought.

However, there were several arguments against the Classical theory. The following are some of those:

a. It treats all persons as if they were machines without considering their individual differences and
Surrounding circumstances during the violation of

the laws.

b. The punishment imposed upon the first time offender and recidivist is equal.

c. The nature and definition of penalty is not

individualized.

d. It does not consider the mental condition of the perpetrator rather it focused on the injury caused by
the commission of crime.

e. it became the Magna Carta or patern of the

criminal, since the latter knows what will be the penalty in case he will be arrested and convicted of the
offense to be made. Thus, he can calculate the amount of pleasure and pain.

Neo - Classical School of Thought

Due to above criticism against the classical school of thought, the social scientists, anthropologists and
criminologist in the 18th century founded the Neo - Classical School of Criminology, which believed that
there are situations or circumstances that made it impossible to exercise free will thus the reasons to
exempt individual from criminal liability.

A child or an insane person who has committed an unlawful act is exempted from suffering any criminal
liability since he does not know the nature and consequences of the acts he committed.
The classicists believed in the absolute free will of men to choose between pleasure and pain. They were
insisting that the person is ALWAYS totally responsible for the consequences of his acts. On the other
hand, the Neo-Classicists argued that it is NOT ALWAYS, since the free willof a person is not absolute and
can be mitigated by pathology, incompetence and mental disorder. In the Philippines, this is reflected in
Article 12 of the RPC.

Positive School of Thought (1838 -

1909) This school of criminology is composed mainly of Italian social scientists, anthropologists and
criminologists who emphasized on the scientific treatment of criminals and not on the penalties to be
imposed.

DR. CESARE LOMBROSO is considered as the

Father of Modern Criminology because of his scientific point of view about crimes and criminals

Together with his two students, Enrico Ferri (Best known Lombroso's associate, brilliant lawyer,
accomplished editor scholar and public lecturer and a great

parliamentarian) and Rafael Garofalo (an ltalian nobleman, magistrate, professor of law and senator)
were the primary personalities in this school of thought. In fact, they are known as the Holy Three of
Modern Criminology because they emphasized on the scientific approach to the study of criminal
behavior and to refom the cniminal law

However, Dr. Cesare Lombroso was criticized for his atavistic theory (failed to evolve to a fully human
and civilized state) or his attention to the biological characteristics of a man. He said that criminals have
in common with each other most especially when it comes to their observable physical or mental
defects. The latter even wrote the essay entitled "Crime: Its Causes and Remedies that contains his
classifications of criminals.

Classifications of Criminals by Lombroso

1. Born Criminal

It is based on the belief that criminal behavior is inherited as stressed by Taft.

2. Criminal by Passion

He is a person who commits crime due to extreme emotion, impulse of the moment, fit of passion or
great anger or jealousy.
3. Criminaloid

He is an individual who commits crime because of weak self - control or less physical stamina.

4. Insane Criminal

He commits crime by reason of his psychological disorder or mental abnormalities. Under Article 12 of
the Revised Penal Code, he is exempted from suffering any criminal liability.

5. Occasional Criminal

He commits crime if given an occasion to do so.

6. Pseudo Criminal

He is an individual who kills a person in self -defense.

Characteristics of Positive Theory

Positivists affirmed that crime is like a natural phenomenon, disaster or calamity because of the
following reasons:

a. That a man is subdued occasionally by a strange and morbid phenomenon which constrains him to do
wrong in spite of or contrary to his own volition.

b. That crime is essentially a social and natural phenomenon and such as, 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 detemined a prior; but rather through the enforcement of individual measures in
each particular case after a thorough, personal and individual investigation conducted by a competent
body of psychiatrists and social

scientists.

EARLY 20th CENTURY (HAP) Human Ecology Theory (1864 - 1944)

Human Ecology is the study of the interrelationship of people and environment. According to Robert
Ezra Park, a strong advocate of the scientific approach in explaining crimes and criminality, the changes
in the environment where the people live will cause changes in society. He believes that the major
influences of criminal behavior and crimes are the following:

a. Competition
b. Conflict;

c. Interaction;

d. Isolation;

e. Segregation

f. Social Contract and

g. Social hierarchy of people.

Anomie Thoery (1858 - 1917)

David Emile Durkheim advocated the Anomie Theory that is concerned on the sociological point of
positivist school which explains that the non - existence of norms in a society encourages person to
commit unlawful and other anti -socíal acts. He said that the human conduct lies not in the individual
but in the group and the social organization. He

even proposed the following principles:

1. Crime is a normal thing in a community.

2. The idea of wrong is an important ingredient to establish and recognize the value and meaning of

right.

3. Crime assists for society and changes

development, since, it becomes flexible when it permits negative force to serve as basis for the
establishment of positive thing.

Psychoanalytical Theory (1856 1969)

Psychologists have regarded the study of human behavior to explain the problem in crimes. They
believed that criminality is a manifestation of psychological conflict and a criminal behavior is a form of
neurosis. Likewise, crimes happened due to poor moral development, in adequate childhood
socialization, defective conscience or emotional immaturity.

Sigmund Freud is known as the Father of

Psychoanalysis that explained the Psychoanalytical Theory of human personality and criminality through
the relationship of ld, Ego and Superego to one another.

MIDDLE 20th CENTURY (3S-CD)

Somatotyping Theory (1888 1964) (PAA)

Ernest Kretschmer, a German Psychiatrist

originated the idea of Somatotyping.

He distinguished the three (3) major types of

physique namely

A. Pyknic

They have broad face, massive neck,

medium height and with rounded bodies. They generally commit crimes related to trickery, swindling
and violence.

B. Asthenic

They are skinny and slender with lean,

slightly built and narrow shoulders. They are prone to commit fraud and theft.

C. Athletic

They are tall, strong and muscular who are usually involved in crimes against person

because they are generally violent.

Somatotyping Theory (1898-1977) (MEE)

William H. Sheldon believed that heredity is the principal determinant of behavior and the body shape
or physique is a dependable and unswerving indicator of personality.

In his Somatotyping Theory, he combined the biological and psychological explanation to understand
deviant behavior and classiffed body physique into

a. Mesomorphy

They are the commonly called as the athletic type of people who behave, act and talk aggressively
characterized by predominance of muscles, large wrist and hands. They tend to commit crimes of
violence. (Temperament Romotonic)
b. Endomorphy

comfortable relaxed and Typically, with predominance of soft and persons roundedness throughout the
different regions of thebody with short tapering limbs, small bones and smooth velvety skin and love
luxurious things and conditions in life. They are essentially outgoing and gregarious or extrovert persons.
(Temperament-Viscerotonic)

c. Ectomorphy

They are introvert persons who are poorly

muscled and characterized by thin physique, flatchest, predominance of skin and fragile and delicate
bones. (Temperament Cerebrotonic) Social Class Conflict and Capitalism Theory (1818-1940)

     Karl Marx, Frederick Engel and William Bonger are the main proponents of this theory. They
maintained that the upper class in a capitalist society is responsible for the conception of penal law and
their ideological bases in the interpretation and enforcement of the laws. Thus, criminality is very much
reflected on the exploited and abused members of the under privileged population which are usually
unemployed or underemployed. The three advocates of this theory focused on crimes of economic gain.

Containment Theory (1899- 1988)

Walter Reckless believed that for every individual, there are existing external and internal forces. He said
that the outer structure of a person is composed of the extemal pressures like blocked opportunities,
poverty and unemployment while the internal structure are the person's self- control ensured by strong
ego, good self - image, well developed conscience, high frustration tolerance and highsense of
responsibility. (Adler, 2005)

His theory is a form of control, which suggests that a series of both internal and external factors
contributes to criminal behavior. (Schmalleger, 2008)

Differential Association Theory (DA) (1883- 1950)

Edwin Sutherland, Dean of Modern Criminology

He has been regarded as the most important

criminologist of the 20th century due to the fact that he has a very brilliant explanation about crimes
and criminality which is universally accepted. He strongly believed that criminal behavior is learned and
not inherited. It is learned through socialization and communication with other people.

The techniques of committing crimes are also

learned by participation with other people or group of people through verbal and non- verbal means.

His explanation is a corrected extension of social perspective. He stated that:

"While criminal behavior is an expression of the general needs and value, it is not explained by those
general needs and value, since non criminal behavior is an expression of the same needs and value"

For example, a robber steals the property of.another person with intent to gain and to secure money,
however, industrious and honest employee works hard in order to gain and secure money also. Both
have the same needs and objectives but they have different ways of obtaining their needs. This is known
as the Differential Assosiation Theory (DAT). For this reason, Edwin Sutherland is considered as the Dean
of Modern Criminology.

LATE 20th CENTURY:

The Contemporary Pioneers (NIDS - SL)    Neutralization Theory

  Gresham Sykes argued that a person will follow or break law depending upon whether he will be
benefited or not. If the societal rules are favorable to him, the latter are very much willing to obey it,
otherwise, he will transgress.

Instrumentalist Theory

Earl Richard Quinney claimed that the higher

classes are using the existence of the state to exploit the lower classes by making rules for their own
protection, benefit and interest.

Differential Opportunity Theory

Lloyd Ohlin explained that there are different

opportunities for the lower and upper classes of the society to gain success. The former is usually
deprived of the abundant resources that the latter is enjoying. This pushes the members of the under
privileged to get involved to illegitimate activities in order to achieve their ambitions and to become
equal to the standing of the white collar people in the economic power in the society.

Strain Theory (1910)

Robert King Merton is the leading sociologist of the century who also related criminality to lack or the
late absence of norms in the society. He asserted that a man who failed to attain a higher status of life
will induce him to violate laws in order for that condition or purpose to be accomplished.

Sub Culture Theory (1918)

Albert Cohen stated that the lower class cannot socialize effectively to the middle and higher classes
because the latter would not like to welcome thè behavior of the former. Hence, the members of the
lower class gather

together to share their common concens which subsequently form a sub culture that rebuffs middle
class values.

Labelling Theory by Tennenbaum, Lemert & Becker

They believed that a person who did a wrongful act is not considered criminal unless he is labeled as
such.

CRIMES

What is Crime?

It is an act or omission punishable by law. It is the generic term for all violations of laws.

Elements of Crimes (CDO)

Crime would not be committed without any of its essential elements.

1. Capability

It is the ability of the person to execute the acts or omission punishable by laws.

2.Desire

.It is what induces or pushes the person to commit crime.

3.Opportunity

This refers to the physical possibility that the crime could have been committed.

General Classifications of Crimes

Legal Classifications of Crimes

Crimes can be legally classified as to the following:

A.Manner of Committing the Crime (DF)

1. Dolo Deceit

The crime was committed by person with deliberate intent.

Ex. Qualified Theft

2. Fault/ Culpa

The crime was the product of imprudence,

negligence, lack of skills or lack of foresight.

Ex. Reckless negligence resulting in damage to property.

B. Stage in the Commission of the Crime (AFC)

1. Attempted

When the offender commences the commission of a felony directly by overt acts and does not perfom
all the acts of execution, which could produce the felony by reason of some causes or accident other
than his own spontaneous desistance. Ex. Attempted Arson

2. Frustrated

When the offender has performed all the acts of execution which would produce the felony as a
consequence but which nevertheless, do not produce the felony by reason of causes independent of the
will of the perpetrator.

Ex. Frustrated Homicide

3. Consummated When all the elements necessary for its execution

and accomplishment are all present. Ex. Treason

C. Plurality of the Crime (SC)

1. Simple

When a single act constitutes only one offense.

Ex. Theft
2. Complex

When a single act constitutes two or more grave felonies or when an offense is a necessary means for
Committing the other.

Ex. Forcible Abduction with Rape

The first is otherwise known as compound crime while the second is complex crime proper.

D. Gravity of the Penalty (GLL)

1. Grave

Those which the law attaches the capital

punishment or afflictive penalties. Ex. Kidnapping

2. Less Grave

Those that the law punishes with penalties which are correctional in nature. Ex. Adultery

3.Light

Those infractions of law for the commission of which the penalty of arresto menor or a fine not
exceeding 200 pesos or both are imposed. Ex. Malicious Mischief

E. Basis of Criminal Act

1. Crimes against National Security

Ex. Treason, Espionage and Piracy

2. Crimes against the Fundamental Laws of the State

Ex. Arbitrary Detention, Delay in the Delivery of detained persons to the proper

judicial authorities and Delaying Release

Criminological Classifications of Crimes

Crimes can also be classified criminologically as to the following

A. Result (AE)

1. Acquisitive

When the offender obtains something as a

consequence of his criminal act. Ex. Estafa

2. Extinctive

When the end result of a wrongful act is destructive.

Ex. Abortion

B. Time or Period Committed (SS)

1. Seasonal

Those violations committed only during a certain period of the year. Ex. Violation of tax law.

2. Situational

These are the crimes committed when given the situation conducive to their commission. Ex. Theft

C. Length of Time Committed (IE)

1. Instant

These are acts committed in the shortest possible time. Ex. Snatching

2. Episoidal

Crimes committed by a series of act in lengthy space of time. Ex. Kidnapping

D. Place or Location of the Commissicn (SC)

1. Static

These are violations of the laws committed in only one place. Ex. Slight Physical Injuries

2. Continuing

Crimes committed in several places. Ex. Terrorism

E. Use of Mental Faculties (RI)

1. Rational

The offender committed the crime with full

possession of his sanity. Ex. Coup de Etat

2. Irrational
By reason of mental disorder, the person

committed crime without knowledge of the nature and quality of his act. Ex. Theft of a Kleptomaniac

F. Type of Offenders (WB)

1. White Collar

These are crimes committed by members of upper-socio-economic classes in the exercise of their
professions. Ex. Falsification of Public Document

2.Blue Collar

These are violations of the law by ordinary

professional criminals. Ex. Drug Pushing

PSYCHOLOGY OF CRIMES

A. What is PSYCHOLOGY?

Basically, Psychology is a branch of knowledge regarding human behavior. The person who is expert in
this field is called as Psychologist who uses different methods and techniques of science in order to
investigate behavior and mental processes.

Psychology comes from two Greek words:"Psyche which means mind; "Logos" which means knowledge
or study. Thus its definition is "study of the mind.

Psychology as a science is systematized

knowledge that is gathered by carefuly observing and measuring events.

Psychology as a behavioral science, therefore,

aims to explain, predict, and control human behavior. When a behavioral science explains, it tries to
make the leaner understand the different facts it has at its disposal, facts usually based on research, it
will also give its theories or general propositions about individual and group behavior or the origin of
culture (Delfino, 2009).

B.What is Criminal Psychology?

Criminology is defined as a scientific study of crime and criminality as well as society's response thereto.
Moreover, criminology is most often associated with the study of psychology, sociology, anthropology,
psychiatry, law, history and other related disciplines.

However, Psychology as defined by Delfino (2009) is the scientific study of behavior and mental
processes. Behavior is what can be observed from outside.

Mental processes refer to our thoughts, feelings, sensations, and various internal processes. It includes
the application of science to human problems.

Psychologists in the early part of the history got interested in the study of crimes and criminals which
gave way for the birth of another branch of study, a subfield of psychology known as Criminal
Psychology.

it is defined as the study of criminal activities

behavior and conduct in an attempt to discover intermittent patterns and to create set of laws about his
behavior.

Therefore, Criminal Psychology is the intersection of Psychology and Criminology as well as the criminal
justice. It enhances the study of behavior of the offenders and improve the investigation of the crime by
adding a psychological component such as the mental health status.

Criminal Psychology as defined by Benstein, et.al(1991) is the science of behavior and mental process,
which means that psychologist uses the methods of science to investigate all kinds of behavior and
mental process from the activity of a single nerve cell to the social conflict in a complex society.
However, Soriano (2008) defined criminal psychology as the scientific study of criminals and criminal
behavior. Criminologists attempt to build theories that explain why crimes occur and test those theories
by observing behavior. Criminological theories help shape society's response to crime both in terms of
preventing criminal behavior and responding to it after it occurs.

C. Nature and Scope of Psychology

From the very beginning, man has been fascinated by his own behavior so that the history of psychology
can be traced to the earliest times man inquired to his own nature. Man started to study himself by non
scientific means. He asked questions like:
What is consciousness? Are people inherently

rational?

According to Ancient Greeks Theory, it holds that sensations are caused by a continuous stream of films
or "idols" cast off by bodies and impinging on the senses. All sensations are believed to be absolutely
reliable; error arises only when sensation is improperly interpreted. The soul is regarded as being
composed of fine particles distributed throughout the body. Epicurus taught that the dissolution of the
body in death leads to the dissolution of the soul, which cannot exist apart from the body, and thus no
after life is possible. Since death means total extinction, it has no meaning either to the living or to the
dead, for "when we are, death is not, and when death is we are not."

However for Aristotle, psychology is a study of the soul. Insisting that form (the essence, or unchanging
characteristic element in an object) and matter (the common undifferentiated substratum of things)
always exist together. Aristotle defined soul as a "kind of functioning of a body organized so that it can
support vital functions."

In considering the soul as essentially associated with the body, he challenged the Pythagorean doctrine
that the soul is a spiritual entity imprisoned in the body. Aristotle's doctrine is a synthesis of the earlier
notion that the soul does not exist apart from the body and of the Platonic notion of a soul as a
separate, non - physical entity. Whether any part of the human soul is immortal, and, if so, whether its
immortality is personal, are not entirely clear in his treatise on the Soul

It was only during the last quarter of the 19th century that psychology started to assume the aspect of
science. Philosophy had a direct influence on the development of psychology. Therefore some
philosophers have had an influence on the historical evolution of modern psychology.

The formal beginnings of psychology as a science started in 1879, when Wilhelm Wundt started the first
psychological laboratory in Leipzig, Germany and used the introspection method. Introspection refers to
observing and recording the nature of one's own perception, thoughts and feelings

D. Perspectives within Psychology

A. Biological

It seeks to specify neurological processes that underlie behavior and mental processes. Emphasis is on
the relation of overt behavior and electrical and chemical

events taking place inside the brain and nervous system.

B. Behavioral

lt focuses on observable stimuli and regards nearly all behavior as a result of conditioning and
responses.

C. Cognitive

Emphasizes on understanding how people think in order to understand human behavior, how
knowledge is learned, structured, stored and used.

D. Psychoanalytic

Behavior stems from unconscious processes, meanings, beliefs, fears and desires that a person is
unaware of, but that nonetheless influence behavior.

E. Subjectivist

Each individual has his own definition of the situation, which is expected to vary according to his culture,
personal history and current motivational states.

F. Ethological

Influenced strongly by Darwin where emphasis is to understand how behavior patterns are wired into
animals nervous system and triggered by certain stimuli. Initially, this caused big arguments with the
behaviorist.

G. Phenomenological / Humanistic

Emphasis is on one's own self and focused on positive qualities and one's potential to grow or
"selfactualize", focus on conscious rather than unconscious experience; emphasis is on "well as opposed
to "sick" side of people.

H. Developmental

It is concerned with characteristics that change in people as they grow

UNDERSTANDING HUMAN BEHAVIOR

Behavior is defined as an organism's responses  stimulation or environment. If one would like to
understand the study of human behavior, it is just fitting and proper to discuss its basic types, kinds and
aspects.

Two Basic Types of Behavior (L)

1. Inherited

This refers to any behavioral response or

reflex exhibited by people due to their genetic endowment or the process of natural selection. This is
otherwise known as innate behavior.

2. Learned

This involves cognitive adaptation that enhances the human being's ability to cope with changes in the
environment and to manipulate the environment in ways, which improve the chances for survival. It is
also called as operant behavior.

Kinds of Behavior (CORVS)

It is necessary to know the several kinds of

behavior because this will serve as the basis on what approach to be used to properly handle the
behavior of the person particularly the perpetrator. As cited by Alicia Kahayon, behavior may be

1. Conscious or Unconscious

When the person is aware of his actions, this

classified as Conscious Behavior. On the contrary, if the acts are embedded in one's sub consciousness, it
is  Unconscious or unaware

2. Overt or Covert

Overt Behavior is directly observable while Covert Behavior is not visible to the naked eye. The former is
outwardly manifested while the latter is hidden.

3. Rational or Irrational

The action is Rational when it is done with sanity while the Irrational Behavior is done without knowing
the nature and consequences of the action.

4. Voluntary or Involuntary

Voluntary Behavior is an act done willingly while the Involuntary refers to the body activities and
processes that we cannot stop even we are sleeping like breathing, circulation of the blood and
metabolism.

5. Simple or Complex
These are the activities classified based on the number of neurons involved. If there is less neuron used
in a certain act, this is categorized as Simple Behavior. On the other hand, if there is more number of
neuron used, it is Complex Behavior.

Aspects of Behavior (ISEP- PMA)

1. Intellectual

This refers to the mental processes such as decision making, reasoning and solving problems.

2. Social

This refers to our interaction and relationship with other people.

3. Emotional

This is concem with our feelings, moods and temper

4. Psychosexual

This is concern to our state of being whether man or woman because it is referring to our expression of
love to another person irrespective of sex.

5. Political

This aspect of behavior involves our ideology towards government.

6. Moral

This pertains to our conscience whether the actions good or bad.

7. Attitude/ Value

This aspect of behavior pertains to our likes and dislike or our interest towards something

In the same token, one of the most interesting

topics under the study of behavior is human behavior, which refers to the voluntary or involuntary
attitude a person adopts to fit society's idea of right or wrong. It is partly determined by heredity and
environment, and modified through learning. It is also the way human beings act.

Types of Human Behavior (IHCSs)

The following are the four (4) types of human

behavior:

1. Instinctive

This type of behavior is unlearned, since

the person's action is dictated by his instinct. Like for instance, the child puts to his mouth anything that
he holds or touches because it is dictated by his instinct, which is basically based on the principle of
pleasure.

2.Habitual

This type of behavior deals with the person's motor, emotional and language that is to

repeated tends regularly and

occur subconsciously.  Example is drinking every morning your "lasang caramel na kape" yummy!

3. Complex

This type of behavior is characterized by

two or morè habitual behavior occur in one situation Iike driving while singing or reading while listening
to your favorite song "A Very Special Love".

4. Symbolic

This type of behavior happens when a

person uses signs as substitutes for words to

describe a particular thing or event. A traffic

enforcer uses his hands and other body parts to signal the motorists whether to stop, get ready or go in
the absence of traffic light signals.

1.Primarily native or Learned (DIL)

Drives - The drives theory states that a driving force originates from a natural need, like thirst.

Instinct- The instinct theory posits that all thinking and behavior are the result of instinct. It also refers to
an innate biological force which commands an individual to behave in a particular way.

Learning- a relatively permanent change in behavior that occurs as a result of prior experience

2. Evoked by external stimuli or internal need.

3. Automatic, voluntary, conscious, motor or international.

Attributes of Human Behavior (E - D- IQ).

1. Extensity- It focuses in size, distance and location.

2.Duration- It deals with the function of time.3.Intensity- It centers on tenns of magnitude.

4. Quantity -it is concerned with normal and abrormal traits.

Factors that influence Human Behavior (HEL)

1. Heredity

Genes are segments of cell structures

called chromosomes by which parents pass on traits to their offspring; genes are composed of chemical
substances that give the offspring a tendency toward certain physical and behavioralqualities.

2 Environment

It consists of the condition and factors that

suround and influence an individual.

3. Learning

This is the process by which behavior

changes because of experience or practice.

People Interaction and Transaction Causes of Human Behavior (SPA)

Human behavior takes place through any of the following three (3) causes:

1. Sensation (VAGOC)

It relates to the feeling of impression or stimulus. This is categorized into five, to wit:

a. Visual- It refers to the sense of sight..

b. Auditory- It refers to the sense of hearing.

c. Gustatory - It refers to the sense of taste.

d. Olfactory- It refers to the sense of smell.

e.Cutaneous - It refers to the sense of touch.

2. Perception

It deals with the person's knowledge of a given stimulus which largely help to detemine the actual
behavioral response in a given situation.

3. Awareness

It is concerned with psychological activily based on the interpretaiion and experience of object or
stimulus

Ways on How People Interact (CAP)

People interact by means of any of the following three (3) psychological positions or behavioral patterns
called ego states:

1. Child Ego State

Characteristics: (RED SID)

Rebellious

Emotional

Dependent;

Selfish

Impatient; and

Demanding

2. Adult Ego State

Characteristics: (RFC WF)

Reasons

Factual;

Co equal;

Worth,, and

Flexible.

3. Parent Ego State

Characteristics: (PIERR)
Protective;

ldealistic

Evaluative

Righteous, and

Refer to laws, rules and standards

How People Transact? (C-NC)

People transact with one another depending on the stimulus and response patterns whether it is parallel
or not Below are its two (2) types.

1. Complimentary

This happens when the stimulus and

response patterns from one ego state to another are parallel.

2. Non-Complimentary

It is characterized when the stimulus and

response patterns from one ego state to another are not parallel.

The study of social interactions of people to provide better understanding of how people relate to each
other so that they may improve communication and human relationship is known as Transactional
Analysis.

Defense Mechanism (CAW)

When a person is threatened by severe emotional injury arising from frustration, he resorts to
unconscious psychological procosses, which serve as a psychological equilibrium. This self deceiving
emotional conflict and anxiety is known as defense mechanism, which is categorized into the following

1. Compromise Reaction (C SIS)

a. Compensation

It is a process of balancing inferiority by doing well in another activity, one thinks he could succeed

b. Substitution

It is a process of replacing an unattainable or unacceptable goal by one that is attainable or acceptable

c. Isolation

It is a process of avoiding conflict.

d. Sublimation

It is a process of changing unacceptable impulses or needs into socially and culturally acceptable
channels or means.

2. Aggressive reaction (SPD)

a. Suicide

It is a process of destroying oneself

b. Displacement.

It is a process of directing anger to something other than the one he is somewhat angry at.

c.Projection

It is a process of blaming others for one's own mistake.

3. Withdrawal (DR-FNR)

lt is a form of physical flight.

a. Depression

It is a process of excluding memories causing pain.

b. Regression

It is a process of going back to a pattern of behaving which was proper to an earlier stage of
development.

c. Fantasy

It is also known as day dreaming. It is a process of imagining sequence of events or mental images that
serves to express unconscious conflicts, to gratify unconscious wishes or to prepare for an anticipated
future event.

d Nomadism
it is a process of travelling, migrating or loitering as a form of withdrawal from the présent problem or
sad reality

of life.

e Reaction Formation

It is a process of doing the opposite of that we do not want to recognize. t is shown, when an individual
is motivated to act in a certain way, but behaves in the opposite way, and be able to keep his urges and
impulses under control.

PSYCHOLOGICAL NEEDS OF A MAN (SSLSP) According to Abraham Maslow

HUMAN OF PSYCHOANALYTICAL THEORY

PERSONALITY (IES)

According to the Father of Psychoanalysis,

Sigmund Freud, the existence of crimes can be explained by the conflict of the three parts of human
psycho personality the ld, Ego and Superego most particularly the ld and Superego

What is Id?

it refers to the unconscious Instinctual Drive of a person which is based on the Principle of Pleasure. lt
contains all the urges and impulses including libido because the satisfaction of it gives enjoyment to the
person. Anything which feels good wants to experience and nothing else.

What is Ego?

It is the only part of the conscious personality that is dominated by the Principle of Reality. It tries to
mediate the demands of the ld and prohibition of the superego.

Ego comprises that organized part of the

personality structure which includes defensive, perceptual, intellectual-cognitive, and executive

functions. Conscious awareness resides in the ego, although not all of the operations of the ego are
conscious. The ego separates what is real. It helps us to organize our thoughts and make sense of them
and the world around us

What is Superego?

It is the conscience of man which is the

unconscious part of our personality. It may be represented by the voice of God, commandment of the
community or self-good will and sense of right and wrong.

In order to be normal, the three components, ld, Ego and Superego must be balanced otherwise, there
will be disharmony that will cause the person to become neurotic and will lead him to become violent
and commit crimes.

CRIMINAL FORMULA

According to Abrahamsen in his book entitled,

Crime and Human Mind" in 1945, he explained the causes of crime by this fomula:

C = (T+S)/R

Where:

C- Crime/ Criminal Behavior (Act)

T- Tendency  (Desirel Intent)

S- Situation (Opportunity)

R- Resistance to Temptation (Control)

SEXUAL BEHAVIOR LEADING TO SEX CRIMES

The following are the different sexual behaviors which lead to sex crimes classified as to.

A. Choice of Partner (BIG - PAN)

1. Bestiality

It is a morbid propensity to have a sexual intercourse witn animal such as dog, cat, goat, horse or
carabao.

2. Incest

It is a sexual relationship between people who cannot legally marry by reason of blood affiliation.

3. Gerontophilia

it refers to an erotic desire with the elder person.

4. Pedophilia
It is a compulsive sexual desire with a child

5. Auto Sexual

This is commonly known as masturbation/ self gratification or self abuse because this sexual activity is
caried out without the cooperation of anybody.

6. Necrophilia

It is a sexual perversion with a corpse or dead body.

B. Mode of Expression (AO)

1. Algolagnia (Sado - Masochism) (SM)

Sexual gratification is attained through pain or

cruelty. There are two sub classifications of Algolagnia,namely; the Sadism and Masochism.

a. Sadism

Sexual pleasure is achieved through the infliction of pain on the sexual partner.

b. Masochism

Sexual stimulation is obtained through the infiiction of pain to oneself.

2. Oralism (FAC)

The satisfaction is attained by the use of mouth or tounge. Below are the three sub classifications of
Oralism.

a. Fellatio

It is the licking and sucking of the male sex organ (penis) which initiates orgasm.

b. Anillingus

It is the licking of the anus of the sexual partner.This is also called as Anilism.

c. Cunnilingus

In the parlance of the Sexual Maniac, this is commonly called as "Brotchang Lababo, Silindro or Sisid
Marino, since the unexplainable sexual satisfaction is attained by licking the female genitalia.

C. Number of Participants in the Sexual Act (PT)

1. Pluralism

This is called as Sexual Festival, since there are several participants on this sexual activity.
2. Triolism

There are three participants on this sexual activity. It may be one man and two women or two men
andnone woman.

D. Part of the Body (F- PUS)

1. Frottage

It refers to the rubbing of sex organ to the body parts of the patner in order to achieve sexual
gratification.

2. Partialism

This is the sexual libido on any of the part of the body of a sexual partner.

3. Uranism

Sexual happiness is attained through the licking of partner's body, holding the breast and fingering the
genital organ.

4. Sodomy

It is a sexual act characterized by the insertion or penetration of the penis or any object to the anus of
the sexual partner.

E. Sexual Reversal (FHT)

1. Fetishism

By just looking at some body parts, underwear or.any objects associated with the patner, sexual
enjoyment is achieved.

2. Homosexualtiy

For female relationship, this is known as Lesbianism or Tibadism wherein the sexual behavior is directed
towards the same sex.

3. Transvetism

Sexual satisfaction is obtained by wearing the apparel or underwear of the opposite sex.

E. Sexual Urge (SN)

1. Satyriasis

li refers to a strong sexual urge of a man to have sexual intercourse.

2. Nymphomania
It is an extreme sexual desire of a woman to have sexual intercourse.

F. Visual Stimulus (SV)

1. Scoptophilia

This is a sexual behavior characterized by deliberately watching undress or nude people especially
during sexual activity.

2. Voyeurism

The sexual satisfaction is obtained through watching person doing something which might

undress herself in a private area like toilet or dressing room. The maniac is called as Peeping Tom who
usually masturbates while doing his sexual behavior.

G. Other Sexual Abnormalities (DEC)

1. DonJuanism

The man is commonly known as Womanizer or Babaero. It is the act of seducing women without
permanency of sexual partner.

2. Exhibitionism

It is the indecent exposure of sex organs to other.

3. Coprolalia

The sexual happiness and excitement is attained by using obscene language while having sexual
intercourse.

CRIMINALS

Who is a Criminal?

He is a person who has committed a wrongful act punishable by law of the land and has been finally
convicted of the case charged against him in the competent court of justice.

Legal Classifications of Criminals (HR)

A. Habitual Delinquent
He is a person, with in a period of ten years from the date of his release or last conviction of the crimes
of serious/ less serious physical injuries, robbery, estafa or falsification, is found guilty of any of the said
crimes a third time or oftener.

B. Recidivist

He 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.

Criminological Classifications of Criminals Criminals can be classified based on the following aspects:

A. Etiology (AC)

1. Acute

He violates the law because of impulse or fit of passion

2. Chronic

He commits crime with his full sanity

B. Behavioral System (OPO)

1.Ordinary

The person is in the lowest form of criminal career.

2. Professional

He is skilled in the conduct of criminal

activities.

3. Organized

He associates with other criminals in a high degree of organization to earn a living.

C. Activities (HAP)

1. Habitual

He continues to commit crime because of deficiency in inteligence and he lacks self control

2. Accidental

He commits crime when the situation is conducive to its commission,

3. Professional

His business is the conduct of criminal activities

D. Mental Attitudes (SAP)

1. Sociallzed Delinquent

He is normal in behavior but somewhat defective in his socialization with other persons

2. Active

He is an aggressive ciminal.

3. Passive Inadequate

He is pushed by someone to violate the law

PENOLOGY

Penology (Penal Science)

It is the study of punishment for crime or criminal offenders. It includes the study of control and
prevention of crime through punishment of criminal offenders. It can also be defined as the division of
criminology that deals with prison management and the treatment of offenders, and concerned itself
with the philosophy and practice of society in its effort to repress criminal activities., The term is derived
from the Latin word, "POENA", which means pain or suffering and "LOGOS" which means "to study.

Historical Perspective on the Development of

Corrections

1. Early Codes

a. Code of King Hammurabi (Lex Taliones) - Law of Retaliation

Emerged at about 1750 B.C. and was credited as the oldest code prescribing savage punishment.

It provides the first comprehensive view of the laws, which is known for its harsh and cruel penalties
characterized by the law of talion, an eye for an eye, tooth for a tooth

b. Deuteronomy

The fifth book of the Holy Bible, which contains the basis of the Jewish laws. These laws were in the
form of a covenant between God and the people of Israel
c. Roman and Greek Codes (JD STI-B)   i.Justinian Code

Emerged at about 6th Century A.D. believed to have written by Emperor Justinian I of Rome which was
evolved from the Law of the Twelve Tables, the earliest code of Roman Law. This was an effort to match
a desirable amount of punishment to all possible crimes.

He is also the one who designed the Panoptican Prison (from the Greek word which means "everything
and a "place of sight"), which became the "ultimate penitentiary or "inspection house". It is a prison that
consists of circular building containing multi-cells around the periphery, but it was never built.

His inspiration to design the panoptican is traced primarily to English prison reformer

John Howard.

He also fomulated the "greatest happines principle", more commonly called Utilitarianism, which gave
rise to the concept of 'felicific calculus"

Felicific Calculus

It states that the amount of pleasure and the

amount of pain could be calculated, compared and adjusted so that punishment would be no more than
suficient and always just.

7. John Howard

The sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform. He published the
book,"The State of Prisons in England and Wales." After his findings on English Prisons, he
recommended the following:

a. single cells for sleeping

b. segregation of women

c. segregation of youth

d. provision of sanitation facilities

e. abolition of fee system

He is credited for being responsible for the ideas on prison reform in England and the United
States.Howard died of jail fever (typus) in 1790 while inspecting a prison in Russia.
8. Alexander Maconochie

He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who introduced the
"Mark System", which became the predecessor of the good conduct time allowance" and the parole
system. A system

in which a prisoner is required to earn a number of marks based on proper department, labor and study
in order to entitle him for a ticket for leave or conditional release which is similar to parole.

9. Manuel Montesinos

The director of prisons in Valencia Spain (1835) who divided the number of prisoners into companies
and appointed certain prisoners as petty officers in charge, which allowed good behavior to prepare the
convict for gradual release.

10. Domets of France

Established an agricultural colony for delinquent boys in 1839 providing house fathers as in charge of
these boys.

11. Walter Crofton

He is the director of the Irish Prison in 1854 who introduced the "Irish system that was modified from
the Maconochie's mark system.

12. Zebulon Brockway

He is the director of Elmira reformatory in new York (1876) who introduced certain innovational
programs like the following:

a. training school type

b. education of prisoners

c. casework methods

d. extensive use of parole

e. indeteminate sentence

13. Sir Evelyn Ruggles-Brise

An English director of prisons after visiting the MASSACHUSSETES REFOMATORY AT CONCORD  in 1897
opened a specialized at the small town of Borstal for male offenders between ages of 16 and 21. It was
based entirely on individualized-treatment, both in the institution and during the period of aftercare.

14. William Blackstone

He published the book, "Commentaries on the

Laws of England", which became an essential authority on the common law

Concept of Penology

Penology (Penal Science)

It is the study of punishment for crime or criminal offenders. It includes the study of control and
prevention of crime through punishment of criminal offenders. It can also be defined as the division of
criminology that deals with prison management and the treatment of offenders, and concerned itself
with the philosophy and practice of society in its effort to repress criminal activities. The term is derived
from the Latin word, "POENA", which means "pain or suffering and "LOGOs" which means "to study.

Penal Management

The manner or practice of managing or controlling places of coninement as in jails or prisons.

Corrections

It is a branch of the criminal justice system

concerned with the custody, supervision and rehabilitation of criminal offenders. It is the field of
criminal justice administration, which utilizes the body of knowledge and practices of the government
and the society in general involving the processes of handling individuals who have been convicted of
offenses for purposes of cime prevention and control.

It is a concept which describes both a wide range of diversified programs, agencies, and institutions and
an equally broad range of philosophical goals, ideals, and theory about the nature of human's society,
crime, and the  criminal offender

It is the study of jail or prison management and administration as well as the rehabilitation and
refomation of criminals.

Correction viewed as a Process

The reorientation of the criminal offenders and preventing them from repeating their deviant or
deiinquent actions without the necessity of taking punitive actions but rather the introduction of
individual measures of reformation.

Correctional Administration

It is the study of practice of a systematic

management concerned with the custody, treatment, and rehabilitation of criminal offenders.

In broader sense, its scope includes the history and development of correctional practices, theories and
philosophies; the role of corections in the administration of criminal justice; laws and legal issuances
relating to correctional administration; the management and operation of all institutional corectional
systems such as the national prison and penal forms, the jails at the provincial, district and
city/municipal levels relative to programs on the diagnosis, classification, handling, treatment and
rehabilitation of offenders, and study of the United Nations Standards on Minimum Rules on the
Treatment of Offenders. Likewise, the historical background and theories relating to non-institutional
corrections such as probation, parole and other forms of executive clemency; the implementation of the
Philippine Adult Probation Law, as amended, the Indeterminate Sentence Law, as amended and such
other laws and legal issuances to implement executive clemency.

Punishment

Is the redress (remedy) that the state takes against an offending member of society that usually involves
pain and suffering

Justification of Punishment (RED - IR)

a. Retribution

The punishment should be provided by the state whose sanction is violated to afford the society or the
individual the opportunity of imposing upon the offender suitable punishment as might be enforced.
Offenders shouldbe punished because they deserve it.

b. Expiation/Atonement

The punishment is given as form of group

vengeance

c. Deterrence (SG)
Punishment gives lesson to the offender by

showing to others what would happen to them if they violate the law.

i. Specific deterrence- The form of deterrence that is attributed to the offender himself.

j. General deterence - The effect of punishment to the general public.

d. Incapacitation & Protection

The public will be protected if the offender has being held in condition where he cannot harm others
especially the public.

e. Reformation/Rehabilitation

The establishment of usefulness the and

responsibility of the offender

Early Forms of Prison Discipline (LCD - DUMMI)

a. Hard Labor

Prisoners must have productive works.

b. Corporal Punishment

Imposing brutal punishment or employing physical for to intimidate a delinquent inmate

c. Deprivation

Denial or removal of everything except the

essentials of existence.

d. Degradation

The act of uttering insulting words or language on the part of prison staff for the prisoners to degrade or
break the confidence of prisoners.

e. Uniformity

The act of which follow the principle: "we treat

prisoners alike" wherein the fault of one is the fault of all.

f. Monotony

The act of giving the same food that is "off" diet, or requiring the prisoners to perform drab or boring
daily routine.

g. Mass Movement

Implementation of mass living in cell blocks, mass eating, mass recreation, mass bathing.

h. Isolation or Solitary Confinement

The imposition of non-communication and limited news to a prisoner. The offender is known as "The
lone wolf.

Penalty

It is the suffering inflicted by the state to an offender for the transgression of law.

Juridical Conditions of Penalty (3C - LEPS)

a. Correctional

Penalty must change the attitude of offenders and become a law abiding citizen.

b. Certain

No one must escape its effects

c. Commensurate with the Offense,

Different crimes must be punished with different penalties

d. Legal

The consequence must be in accordance with law.

e. Equal

Penalty must be the same to all person

Development of Jails and Prisons

1. Early Prisons (MBWDA)

a. Mamertime Prison

The only Roman place of confinement, wnich was built under the main sewer of Rome in 64 B.C. by
Ancus Maritus.
b. Bridewell Workhouse

The most popular workhouse in London, England, which was built for the employment and house of
English prisoners.

c. Walnut Street Jail

Originally constructed as a detention jail in

Philadelphia. It was converted into a state prison and because the first American penitentiary.

d. Dartmoor Prison

Once known as the HOUSE OF HALFWAY TO HELL,  located in Devonshire,, England, originally
constructed to house French prisoners.

e. Alcatraz Prison

It was operated in 1934 and was closed on March 21,1963. It was closed primarily because it was too
costly ,an operation estimated were that repairs alone would run between $4.5 and $5 milion. In 1940,
it had a per capita cost of over twice of average of all federal institutions when it closed, it has 260
inmates.

2. The Two (2) Rival Prison System in the History of Correction (AP)

a. Auburn Prison System (Congregate System) Prisoners are confined in their own cells during the night
and congregate work in shops during the day.

b. Pennsylvania Prison System (Solitary System)

Prisoners are confined in single cells day and night where they lived, slept, ate and receive religious
instructions.

3. The Elmira Reformatory Movement

It is considered as the forerunner of modern

penology because it had the elements of a modern system. This ideal prison system quickly began to
take form in New York.

In reaction to the growing pessimism surrounding the penitentiary, participants at the 1870 American
Prison Congress applied the ideas and practices of Sir Walter Crofton and Alexander Maconochie.

Criminal Justice System

It comprises all the means used to enforce those standards of conduct which are deemed necessary to
protect individuals and to maintain general community well being.

In broad terms, a system of criminal justice system creates the laws governing social behavior, attempts
to prevent violations of the laws, and apprehends, judges, and punishes those who do violate them.

It is also defined as "the machinery of the state or government which enforces the rules of conduct
necessary to protect life and property and maintain peace and order".

Corrections

Considered as the 4th pillar, Corrections holds an indispensable role of trying to undertake rehabilitation
and reformation services for the convicted offenders. This is oneway of reducing the number of criminal
activities and

encouraging positive methods of crime prevention.

A criminal, after having been convicted by final judgment, would have to serve his penalty while
undergoing rehabilitation at our prison/ jail depending on the length of

sentence imposed by the court of justice.

Modern Penology Doctrines have afforded our community with progressive and innovative programs
such as parole and probation. Those are accepted as integral parts of the Philippines Correction
Administration. This enables individual offenders to be treated and rehabilitated by utilizing the
advantages offered by community living.

However, not all convicted criminals are entiled to such privileges. It depends on their personal
circumstances and manifest capacity to change. At present, majority of convicts are serving long
sentences in our state prisons and those serving short sentences are confined in the jails.

Inmates

The population of jail and prison including penal farms and penal colonies, except the personnel.

Prison vs. Jail (HOPIA)

Points of distinctions

1. Head of Institution

2. Offense

3. Penalty

4. Inmates

5. Administration

Prison

1. Superintendent

2. Major offenses

3. More than 3 years

4. Sentenced Prisoners

5. Bureau of Corrections

Jail

1. Warden

2. minor offenses

3. 3 years and below

4. Detention and sentenced Prisoners

5. Bureau of jail Management and Penology, in the case of Provincial jail, it is under the Provincial
government.