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2020

LEARNING MODULE
INTRODUCTION TO BSCRIM | 1st year
CRIMINOLOGY

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INTRODUCTION TO CRIMINOLOGY
COURSE DESCRIPTION:

This course presents an overview of the different schools of thought in


Criminology; theories that explain criminal behavior, techniques for measuring the
characteristics of criminals, crime and victims; the interrelatedness of theory, policy and
practices in the criminal justice system; and current issues and studies in criminology.

The course also includes a brief introduction of the subject in Criminalistics,


Investigation and Criminal Law.

COURSE OBJECTIVES:

In this course, students shall define the word criminology, crime, criminal,
criminal law and other important concepts in understanding criminology. They need to
describe the importance, purpose, nature and scope of criminology as a field of interest.
Recognize the contribution of the pioneers of criminology regarding the explanation of
crime and to trace the historical development of criminology and have knowledge on
Criminology as a profession.

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LESSON 1
INTRODUCTION TO CRIMINOLOGY

Criminology

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


Criminology is an advanced, theoretical field of study. It can be defined as the study of
crime, the causes of crime (etiology), the meaning of crime in terms of law, and
community reaction to crime.

The science of crime rates, individual and group reasons for committing crime, and
community or societal reactions to crime.

Note: In 1885, Italian law professor Raffaele Garofalo coined the term "criminology" (in
Italian, criminologia). The French anthropologist Paul Topinard used it for the first
time in French (criminologie) around the same time.

Criminology in the Philippines

The first ever educational institution offering the criminology course, is the
Philippine College of Criminology, at Sta. Cruz, Manila, formerly known as Plaridel
College.

Various studies and science related to Criminology


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

Similarly, Criminology includes the activities of the following offices and


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

Nature of Criminology
1. It is an applied science– use of instrumentation.
2. It is a social science– in as much as crime in social creation that it exists in a
society being a social phenomenon, its study must be considered a part of social
science.

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3. It is dynamic– criminology changes as social condition changes.
4. It is nationalistic– the study of crimes must be in relation with the existing
criminal law within the territory or country.

Criminology, Criminal Justice and Criminalistics

Criminology

Study includes the incidence and forms of crime as well as its causes and
consequences as well as social and governmental regulations and reactions to crime.

Criminology is an interdisciplinary field in the behavioral sciences, drawing


especially on the research of sociologists and psychologists, as well as on writings in
law.

Criminology is a rather broad field of study that encompasses the study of law
making, law breaking, and societal reactions to law breaking.

Principal Divisions of Criminology


1. Criminal Etiology- analysis of the causes of crime.
2. Sociology of Law- analysis of the conditions under which penal or criminal laws
are developed as a process of formal social control.
3. Penology- deals with the control and prevention of crime and the treatment of
youthful offenders.
4. Victimology- study of the participation of the victim in the existence of crime.

Criminal Justice

Refers to the system used by government to maintain social control, prevents


crime, enforce laws, and administer justice. The Philippine Criminal Justice System
(PCJS): Law enforcement, Prosecution, Courts, Corrections and Community are the
primary agencies charged with these responsibilities.

In the United States, Law enforcement, Courts, and Corrections are the three (3) pillars
of their criminal justice.

Criminalistics

Criminology and criminalistics are often mixed up in the minds of the people.
Comparatively speaking, criminology is the study of criminal people, and criminalistics is
the study of criminal things, or the sum total of the application of all sciences in crime
detection.
A criminal commits crime by means of things, or that something he left in the crime
scene. Those things he used or left in the crime scene are the objects of criminalistics
known as evidence such as but not limited to the following:

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1. Blood and bloodstain
2. Firearms and other deadly weapons
3. Fingerprints and footprints
4. Tool marks and many more

Through R.A. 6506, a criminologist is any person who is a graduate with the Degree
of Criminology, who passes the examination for criminology and is registered through
Board of Examiners of the PRC. The term criminologist is one who has been engaged
in the practice of criminology if he holds himself out to the public in any of the following
capacities.
1. As a professor, instructor or teacher in criminology in any university, college or
school duly recognized by the government and teaches any of the following:
a. Law Enforcement
b. Criminalistics
c. Correctional Administration
d. Criminal Sociology and Applied Subjects
e. Other technical and specialized subjects in criminology.
2. As a law enforcement administrator, executive, adviser, consultant or agent in
any government or private agency.
3. As technician in any forensic science and other aspects of crime detection.
4. As a correctional administrator, executive supervisor, worker or officer in any
correctional and penal institution.
5. As a counselor, expert, adviser, researcher in any government or private agency
or any aspect of criminal research or project involving the causes of crime,
juvenile delinquency, treatment of offenders, police operations, law enforcement
administration, scientific criminal investigation or public welfare administration.

On the other hand, a criminalist is a person who is trained in sciences of the application
of instruments and methods, to the detection of crime.

Instrumentation

is the application of instruments and methods of criminalistics to the detection of


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

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LESSON 2
Divisions of Criminalistics

There are six (6) divisions of criminalistics. The first three are scientific and the
other three are technological. The following are:

1. Scientific
a. Chemistry
The original name for criminalistics is Forensic Chemistry. E.x. alcoholic
analysis, toxicology, narcotic and substance abuse testing, firearms discharge
residues, etc

b. Physics
Duties of a physicist in a crime laboratory includes but not limited to
firearms identification, toolmark comparison, scientific photography, traffic or
vehicular accidents for the purpose of finding out the speed and direction of
vehicles, and use of X-Rays to the detection of crime.

c. Biology
Biology is the study of living things; it deals with the origin, history,
physical characteristics, life, processes, habits, etc. of plants and animals. The
biologists in a police laboratory study all kinds of living things- blood, semen,
urine, hairs, and skin. He is particularly skilled in the use of a microscope. His
most important role in criminalistics is to examine bloodstains in order to find out
if they are of human or animal origin.

2. Technical
a. Firearm Identification

b. Question Document Examination


Graphology or Handwriting analysis- aims to determine person’s
characteristics, traits and personality by the way a person writes his/her letters and
shapes of letters and words.

c. Fingerprint Identification

Others
a. Photography

b. Polygraphy

SCHOOLS OF THOUGHT

Classical School/Rational Choice Theory (Mid 18th Century)

Cesare, Marquis of Beccaria-Bonesana (March 15, 1738 – November 28, 1794)

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An Italian philosopher and politician best known for his treatise On Crimes and
Punishments (1764), which condemned torture and the death penalty and was a
founding work in the field of criminology. He was regarded as the Father of
criminology/Classical Criminology.

Essay on Crimes and Punishments


Includes reforms to the criminal justice system which we now take for granted, in
particular:

1. the prompt administration of clearly prescribed and consistent punishments,

2. well-publicized laws made by the legislature rather than individual courts or judges,

3. the abolition of torture in prisons and the use of the penal system to deter would-be
offenders, rather than simply punishing those convicted.

Note: The judiciary reform advocated by Beccaria led to the abolition of death
punishment in the Grand Duchy of Tuscany, the first Italian state taking this measure.

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

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

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


2. Deterrence is based upon the utilitarian ontological notion of the human being a
'hedonist' who seeks pleasure and avoids pain, and a 'rational calculator'
weighing up the costs and benefits of the consequences of each action;
Punishment (of sufficient severity) can deter people from crime, as the costs
(penalties) outweigh benefits, and that severity of punishment should be
proportionate to the crime.
3. The more swift and certain the punishment, the more effective it is in deterring
criminal behavior. The Classical school of thought came about at a time when
major reform in penology occurred, with prisons developed as a form of
punishment.

Positivist School/Psychiatric Theory

Presumes that criminal behavior is caused by internal and external factors


outside of the individual's control. Scientific method was introduced and applied to study
human behavior. Positivism can be broken up into three segments which include
biological, psychological and social positivism.

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Cesare Lombroso, (November 6, 1836 – October 19, 1909)

Was an Italian criminologist and founder of the Italian School of Positivist


Criminology. He was regarded as the Father of Modern Criminology and has the largest
contributions to biological positivism through scientific approach, insisting on empirical
evidence, for studying crime

His concepts were drawn from physiognomy, early eugenics, psychiatry and
Social Darwinism, Lombroso's theory of anthropological criminology essentially stated
that criminality was inherited, and that someone "born criminal"' could be identified by
physical defects, which confirmed a criminal as savage, or atavistic.

Enrico Ferri

A student of Lombroso, believed that social as well as biological factors played a


role, and held the view that criminals should not be held responsible for the factors
causing their criminality were beyond their control.

Raffaele Garofalo (1851-1934)

An Italian jurist and a student of Cesare Lombroso. He rejected the doctrine of


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

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

Lombroso identified three types of criminal:


1. Atavist- known as born criminal

2. Insane criminal- Alcoholic, kleptomaniac, nymphomaniac, and child molesters.

3. Criminaloid- Criminaloids were further categorized as "habitual criminals", who


become so by contact with other criminals, or other "distressing circumstances"
(criminal by passion hot-headed and impulsive persons who commit violent acts when
provoked).

Cesare Lombroso (1835-1909):1876 Wrote, The Criminal Man


During autopsy, certain physical stigmata was apparent, concluded the certain
number of theses indicated a born criminal, atavistic criminal.

Stigmata Related to an Atavistic Criminal:

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

The Female Offender 1901


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

Chicago School
The Chicago School arose in the early twentieth century, through the work of
Robert Ezra Park, Ernest Burgess and other urban sociologists at University of Chicago.
In the 1920s, Park and Burgess identified five concentric zones that often exist as cities
grow, including the "zone in transition" which was identified as most volatile and subject
to disorder.

In the 1940s, Henry McKay and Clifford R. Shaw focused on juvenile


delinquents, finding that they were concentrated in the zone of transition.

Chicago School sociologists adopted a social ecology approach to studying


cities, and postulated that urban neighborhoods with high levels of poverty often
experience breakdown in the social structure and institutions such as family and
schools.

Other Important Contributors in Criminology


1. Adolphe Quetelet- made use of data and statistical analysis to gain insight into
relationship between crime and sociological factors. He found that age, gender,
poverty, education, and alcohol consumption were important factors related to
crime.

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

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LESSON 3
Sociology of Law
Divisions of criminology which attempt to offer scientific analysis of the conditions
under which penal or criminal laws develop as a process of formal social control.

Types of Law
1. Natural law (Mala inse)

2. Statutory Law (Mala Prohibita)

3. Divine Law

Types and Definitions of Crime

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

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

3. Organized crime or criminal organizations


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

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

5. Public order crime


In criminology public order crime is defined by Siegel (2004) as "...crime which
involves acts that interfere with the operations of society and the ability of people to
function efficiently", i.e. it is behavior that has been labelled criminal because it is
contrary to shared norms, social values, and customs.
6. State crime
In criminology, state crime is activity or failures to act that break the state's own
criminal law or public international law.
7. State-corporate crime
In criminology, the concept of state-corporate crime or incorporated governance

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refers to crimes that result from the relationship between the policies of the state and
the policies and practices of commercial corporations.

8. White-collar crime
Within the field of criminology, white-collar crime has been defined by Edwin
Sutherland "...as a crime committed by a person of respectability and high social status
in the course of his occupation.

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

Victimless crime has the following applications:

 The victim is the accused.


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

Crime and Criminal Law

Crime
is an act committed or omitted in violation of public law forbidding or commanding it.

Legal Kinds of Crime

Felony – an act or omission in the violation of Revised Penal Code


Offense – an act or omission in violation of Special Penal Law
Misdemeanor – an act or omission in violation of City/Municipal Ordinances

The Elements of Crime

1. Motive – refers to the moving power which impels one to act for a definite result.
Motive is different from intent; intent refers to the purpose in using particular means to
affect such result. Intent is an element of an intentional felony while motive is not.
Motive becomes important only if the identity of the felon has not been clearly
established

2. Opportunity – refers to the chance or time given to the offender in committing the
crime.

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3. Instrumentality or capability – instrumentality refers to the use of materials or other
means in the commission of crime while capability speaks to the physical capability of a
person to perpetrate a crime. For example, Pedro, an impotent, cannot be convicted of
rape through forcible sexual intercourse since his sexual organ has no capacity to erect;
Pedro is incapable.
O

M THE TRIANGLE OF CRIME I/C

NOTE: Crime will not occur if one of the elements is not present.

NULLUM CRIMEN NULLA POENA SINE LEGE – “There is NO CRIME if there is NO


LAW punishing it.”

Criminal Law
is that branch or division of law which defines crime, treats of their nature, and provides
for their punishment.

Sources of Criminal Law


a. The Revised Penal Code (Act. No. 3815) and its amendments.
b. Special Penal Laws
c. Penal Presidential Decrees

Characteristics of Criminal Law


1. Generality
2. Territoriality
3. Prospectivity

History of Revised Penal Code


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

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Two Theories of the Penal Code

Classical Viewpoint
1. The basis of criminal liability is human free will and the purpose of penalty is
retribution.
2. Man is essentially a moral creature with absolutely having a free will to choose
between good and evil, thereby placing more stress upon the effect or result of the
felonious act than upon the man, not the criminal himself.
3. Man should only be adjudged and held accountable from wrongful acts so long as
free will appears unimpaired.
4. It has endeavored to establish a mechanical and direct proportion between crime
and penalty.

Positivist Viewpoint

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

Brief History of Philippine Criminal Law


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

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wives, husbands who maltreated innocent wives were sentence to death. Adultery, as
well as the contracting of marriage to very young girls was severely punished.

The following are some of the most significant attribute of the Kalantiao Code:

I. Ye shall not kill; neither shall ye steal; neither shall ye hurt the aged; lest ye
incur the danger of death. All those who infringe this order shall be condemned
to death by being drowned with stones in the river, or in boiling water.
II. Ye shall obey. Let all obey. Let your debts with headmen be met punctually. He
who does not obey shall receive for the first time one hundred lashes.
V. He, who does not comply, shall be beaten for one hour, he who repeats the
offense shall be exposed for one day among ants.
VI. Slavery of doam (certain period of time) shall be suffered by those who steal
away women of the headmen; by him who keeps ill-tempered dogs that bite the
headman; by him who burns the fields of another.
VII. All those, shall be beaten for two days, who sing while traveling by night; kill the
bird mana-ol; tear the documents belonging to the headman……or mock the
dead.
VIII. They shall be burned; those who by their strength, cunning have mocked at and
escaped punishment; or who kill young boys; or to steal away the women of the
agorangs (oldmen).

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LESSON 4

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

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

Legal Classification of Crimes or Felony


1. As to the manner of commission:
a. By means of dolo or deceit
b. b. By means of culpa or fault

2. As to the stages in the commission of crimes:


a. Attempted crime
b. Frustrated crime
c. Consummated crime

3. As to the plurality of crimes:


a. Simple crime – a single act constitutes only one offense.
b. Complex crime – when single act constitutes two or more grave or less grave felonies
or when an offense is a necessary means for committing the other.

4. As to the gravity of penalty or offense:


a. Grave felonies
b. Less grave felonies
c. Light felonies

5. As to the basis of criminal act:


a. Crimes against national security and the law of nations.
b. Crimes against the fundamental laws of the state.
c. Crimes against public order.
d. Crimes against public interest.
e. Crimes relative to opium and other prohibited drugs.
f. Crimes against public morals.
g. Crimes committed by public officers.
h. Crimes against person.
i. Crimes against liberty and security.
j. Crimes against property.
k. Crimes against chastity.
l. Crimes against the civil status of persons.
m. Crime against honor.
n. Quasi-offenses

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Criminological Classification of Crimes

1. As to the result of crimes:


a. Acquisitive crime– when the offender acquires something as a consequence of his
criminal acts.
b. Extinctive crime– when the end result of a criminal act is destructive.

2. As to the time or period of commission:


a. Seasonal crime– those committed only during a certain period of the year like
violation of tax law.
b. Situational Crime– those committed only when given the situation conducive to its
commission.

3. As to the length of time of commission:


a. Instant crime– those committed in a shortest possible time.
b. Episodic crime– those committed by a series of act in a lengthy space of time.

4. As to the place of location of the commission:


a. Static crimes- those committed in one place.
b. Continuing crime– those committed in several places.

5. As to the use of mental faculties:


a. Rational crime
b. Irrational crime

6. As to the type of the offenders:


a. White collar crime – those committed by person of respectability and upper socio-
economic class in the course of their occupation activities.
b. Blue collar crime– those committed by ordinary professional criminal to maintain
their livelihood.

7. As to the standard of living of the criminals:


a. Crime of the upper world– falsification cases
b. Crime of the under world– bag snatching

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LESSON 5

When does Crime exist?

Legal viewpoint
- person has been proven guilty.
Scientific view point
- crime exists when it is reported.
Criminological view point
- when the offender committed a crime.

Distinctions between Crime, Sin and Immorality:

Crime- is against the penal law of a state.

Sin- is against the spiritual or divine law.

Immorality- is against the unwritten social norms in locality.

Crime- is nationalistic

Immorality- is regionalistic

Overcriminalization- too many laws

Undercriminalization- not enough laws

Why must members of society be interested in crimes?

1. Crime is pervasive– Crime as an associate of society affects almost all people.


2. Crime is expensive– the government and private sector spend an enormous amount
of money for crime detection, prosecution, correction and prevention. Those expenses
are other:

a. Direct expenses– those spent by government or private sector for the


maintenance or the police and security guards for crime detection,
prosecution and judiciary, support of prison systems.
b. Indirect expenses– those expenses utilized to prevent the commission of
crimes like the construction of window grills, fences, gate, purchase of door
locks safety vaults, hiring of watchmen, feeding of watchdog, etc.

3. Crime is destructive– many lives and properties have been lost and destroyed.
4. Crime is reflective– crime rate or incidence in a given locality is reflective of the
effectiveness of the social defenses employed by the people primarily of the police
system.

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5. Crime is progressive- increase in the volume of crime is on account of the over
increasing population.

Criminals

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

LESSON 6

Criminal and Delinquent

Criminal- a person who has violated the penal law and has been found guilty of the
crime charges upon observing of the standard judicial procedure.

Delinquent- a person who committed an act that is not in conformity with the norms of
society.

General Classification of Criminals

1. Criminals classified on the basis of etiology:

a. Acute criminal– person who violate criminal law because of the impulse of the
moment, fit of passion or anger or spell of extreme jealousy.

b. Chronic criminal– person who acted in consonance with deliberate thinking, such
as:
b.1. Neurotic criminal– person whose action arise from intra-psychic conflict
between the social and anti-social components of his personality. Ex. Kleptomania
b.2. Normal criminal– person whose psychic organization resembles that of
normal individuals except that he identified himself with criminal prototype.
b.3. Criminality – caused by an organic pathological process.

2. Criminal classified on the basis of behavioral system:

a. Ordinary criminal– the lowest form of criminal career, they engage only on
conventional crimes which require limited skill and they lack organization to avoid arrest
and convictions.

b. Organized criminal- this criminal has a high degree of organization to enable them
to commit crimes without being detected and committed to specialized activities which
can be operated in large scale business such as racketeering, control of gambling,
prostitution and distribution of prohibited drugs.

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c. Professional criminal– they are highly skilled and able to obtain considerable
amount of money without being detected because of organization and contract with
other professional criminals. These offenders are always able to escape conviction.
They specialize in the crime which requires skill games, pick-pocketing, shoplifting
sneak thievery counterfeiting and others.

3. Criminals classified on the basis of activities:

a. Professional criminal– those who earn their living through criminals activities.
b. Accidental criminal– those who commit criminal acts as a result of unanticipated
circumstances.
c. Habitual criminal– those who continue to commit criminal acts for such diverse
reason due to deficiency of intelligence and lack of self control
d. Situational criminal– those who are actually not criminals but constantly in trouble
with legal authorities because they commit robberies, larcenies, and embezzlement
which are intermixed with legitimate economic activities.

4. Criminal classified as a basis of mental attitudes:

a. Active aggressive criminal– those who commit crime in an impulsive manner


usually due to the aggressive behavior of the offender. Such attitude is clearly shown in
crimes of passion, revenge and resentments.
b. Passive inadequate criminal– those who commit crimes because they are pushed
to it by inducement, by reward or promise without considering its consequence.
c. Socialized delinquent– those who are normal in their behavior but merely defective
in their socialization processes. To this group belongs the educated respectable
member of society who may turn criminal on account of the situation they are involved.

Approaches and Methods in Criminology for Study of Crimes

1. The Biological Approach


Its studies criminal through biological perspectives.

2. Psychogenic Approach
Emphasis is based on linking criminal behavior to mental state, especially mental
evidence disease; mental disorders, pathologies, and emotional problems and they
repeatedly assert that crime is outcome of criminal mind. The root cause of the criminal
behavior neither environmental nor biological than question seems to be unclear.

3. Multifactor Approach
Different crimes are result of different combination of the factors.

DAVID-AL C. 20
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. This theory is no longer in use at present.

b. Multiple Factor Theory – Crime is a combination of several factors. Some factors


are playing a major reason while the other is playing the minor role. This is the accepted
theory of crime causation.
c. Eclectic Theory – Crime is one instance maybe caused by one or more factors,
while in other instances it is cause by another set of factors.

Different factor that enhances the development of criminal behavior

1. Criminal Demography – link of criminality and population.


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

LESSON 7

Early Explanation to the Existence of Criminality

1. Crime is caused by Demon


It is true during the pagan age. Wrongful act is attributed to the will of devils or
other supernatural beings.

2. Crime is caused by Divine Will


Men manifest criminal behavior because they are sinful so God wants to punish
them.

3. Classical School of Thought(Rational Choice Theory) by Becarria


Men are fundamentally a biological organism with intelligence and rationality
which control their behavior. Before men do something, they try to determine the
amount of pain they will suffer and the amount of pleasure they will receive. Their future
actions will depend on the algebraic sum of the two considerations if there will be more
pain than pleasure, they will desist from doing the act.

DAVID-AL C. 21
4. Neo-Classical School of Thought
Crimes are committed in accordance with the free will of men but the act of
committing a crime is modified by some causes that finally prevail upon the person to
commit crimes. These causes are pathology, incompetence, insanity or any condition
that will make it possible for the individual to exercise the free will entirely.

5. Criminals are Born (Positive School of Thought/Psychiatric Theory) by Cesare


Lambroso, 1835-1909.
Criminals are born with some physical characteristic which become the causes
of crimes.

Crime in the Philippines


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

Other Basic Causes of Crime


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

Factors Affecting Development and Existence of Crimes and Criminality

These factors are:


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

DAVID-AL C. 22
A. The Geographical Factors

Geography and Crimes


1. North and South Pole– According to the Quetelet “Thermic Law of Delinquency,”
crimes against person predominate in the South Pole and during warm season while
crimes against property predominate in the North Pole and cold countries.
2. Approach to the Equator– According to the Montesquieu (Spirits of Laws, 1748)
criminality increase in proportion as one approach the equator and drunkenness
increase as one approaches the north and South Pole.
3. Season of the Year– Crimes against person is more in summer than in rainy season.
Climatic condition directly affects one’s irritability and cause criminality. During dry
season, people get out of the house more, and there is more contact and
consequently more probability of personal violence.
4. Soil Formation– More crimes of violence are recorded in fertile level lands than in
hilly rugged terrain. Here are more congregations of people and there is more
irritation. There is also more incidence of rape in level districts.
5. Month of the Year– there is more incidences of violent crimes during warm months
from April up to July having its peak in May. This is due to May Festivals, excursion,
picnics and other sorts of festivities wherein people are more in contact with one
another.
6. Temperature– According to Dexter, the number of arrest increases quite regularly
with the increase of temperature affects the emotional state of the individual and
leads to fighting. The influence of temperature upon females is greater than upon
males.
7. Humidity and Atmosphere Pressure– According to survey, large numbers of
assaults are to be found correlated with low humidity and a small number with high
humidity. It was explained that low and high humidity are both vitality and emotionally
depressing to the individual.
8. Wind Velocity– under the same study, it was explained that during high wind, the
number of arrest were less. It may be due to the presence of more carbon dioxide in
the atmosphere that lessens the vitality of men to commit violence.

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

Anthropological Criminology
It is sometimes referred to as criminal anthropology, literally a combination of
the study of the human species and the study of criminals. Based on perceived links
between the nature of a crime and the personality or physical appearance of the
offender.

DAVID-AL C. 23
Theories of Criminal Anthropology
1. Physiognomy- founded by J. Baptiste Della Porte.
The physiognomist Johann Kaspar Lavater (1741-1801) was one of the first to
suggest a link between facial figures and crime. Victor Hugo referred to his work in Les
Misérables, about what he would have said about Thénardier's face. The philosopher
Jacob Fries (1773–1843) also suggested a link between crime and physical
appearance when he published a criminal anthropology handbook in 1820.
Physiognomy is a theory based upon the idea that the assessment of the
person's outer appearance, primarily the face, may give insights into one's character or
personality.

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


be able to determine character, personality traits and criminality on the basis of the
shape of the head (i.e., by reading "bumps" and "fissures").

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

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


notorious criminal groups are usually nicknamed in accordinance with their physical
defects and handicapped such as funny words “Dodong Pilay”, “Ashiong Bingot”,
“Densiong Unano”, “Roger Komaang” and others.

4. Study of Kretschmer by classifying Types of Physique and type of crimes they


are prone to commit:
a. Pyknic Type- those who are stout and with round bodies. They tend to commit
deception, fraud and violence.
b. Athletic Type- those who are muscular and strong. They are usually
connected with crimes or violence.
c. Asthenic Type- those who are skinny and slender. Their crimes are petty
thieves and fraud.
d. Dysplastic or Mixed Type– those who are less clear evident having any
predominant type. Their offenses are against decency and morality.

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

DAVID-AL C. 24
Somatotype Theory

a. Ectomorphic- long arms and legs and a short upper body and narrow
shoulders, and supposedly has a higher proportion of nervous tissue. They also
have long and thin muscles. Ectomorphs usually have a very low fat storage;
therefore they are usually referred to as slim.

b. Mesomorphic- characterized by a high rate of muscle growth and a higher


proportion of muscular tissue. They have large bones, solid torso combined
with low fat levels. It is also noted that they have wide shoulders with a narrow
waist.

c.Endomorphic- characterized by an increased amount of fat storage, due to


having a larger number of fat cells than the average person, as well as higher
proportion of digestive tissue.

Study of Heredity as the Cause of Crimes


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

The following are some proofs to show the role of heredity in the development of
criminality:
1. Study of Kallikkak Family Tree - Henry H. Goddard
He is known especially for his 1912 work The Kallikak Family: A Study in the
Heredity of Feeble-Mindedness. He also introduced the term "moron" into the field.
Goddard invented the pseudonym Kallikak by combining a Greek root meaning
"beauty" (kallos) with one meaning "bad" (kakos). The lesson was clear and dramatic:
the study linked medical and moral deviance and fused the new mendelian laws with the
old biblical injunction that "the sins of the fathers shall be visited on the sons."

2. Study of Juke Family Tree (Dugdale and Estabrook)


The 19th-century view of "degeneracy" (roughly synonymous with "bad heredity")
led theorists to conceive of social problems such as insanity, poverty, intemperance,
and criminality — as well as idiocy — as interchangeable. This view was expounded in
The Jukes: A Study in Crime, Pauperism, Disease, and Heredity (Richard Dugdale,
1875), a study of a rural clan that "over seven generations produced 1,200 bastards,
beggars, murderers, prostitutes, thieves and syphilitics."

From Juke Family:

a. 310 who died as paupers,


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

3. Study of Sir Jonathan Edwards Family Tree


Sir Jonathan Edwards was a famous preacher during the colonial period. Then

DAVID-AL C. 25
his family tree was traced none of the descendants was found to be criminal.

From Edwards Family:


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

LESSON 8
Psychoanalytic and Psychiatric Factors

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

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

1. August Aichhorn in his book entitled Wayward Youth, 1925 said the cause of crime
and delinquency is the fault development of child during the first few years of his life
(faulty ego-development)

2. Abrahamsen in his crime and the human mind, 1945 explained the causes of crime
through formula (CB = CT + Inducing situation / PMRT

3. Cyrill Burt (Young Delinquent, 1925) gave the theory of General emotionality.
Excess or a deficiency of a particular instinct account for the tendency of many
criminals to be weak willed or easily led. Callous type of offenders may be due to
the deficiency in the primitive emotion of love and an excuse of the instinct of hate.

4. Healy (individual Delinquency) claimed that crime is an expression of the mental


content of the individual. Frustration of the individual causes emotional discomfort;
personality demands removal of pain and pain is eliminated by substitute behavior,
that is, crime delinquency of the individual.

DAVID-AL C. 26
5. Bromberg (Crime and the mind, 1946) claimed that criminality is the result of
emotional immaturity.

6. Sigmund Freud (The Ego and the Id., 1927) in his Psychoanalytical theory of
human personality and crimes has the following explanations.

a. Id- pleasure principle Selfishness, violence, and anti-social wishes are part of
the original instinct of man.

b. Ego- The child begins to acquire an awareness of one self-instinct from the
environment. Decisions are reached in terms of reality principle.

c. Super Ego- means the conscience of man. The super-ego tries to correct or
control the ego and may be represented by the voice of God. Moral truth,
Commandments of society, good for the whole will of the majority, cultural
conventions and other rules.

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

Mental Disturbance as Cause of Crimes

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


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

Classes of Mental Deficiency:


a. Idiot– Their mentality is compared to a 2 years old person.

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

c. Feeble-minded Person– Not amounting to imbecility is yet so pronounce that they


required care, supervision and control for their own or for the protection of others.

d. Schizophrenia– this is something called dementia praecox which is a form of


psychosis characterized by thinking disturbance and regression to a more relatively
impaired and intellectual functions are well preserve. The personal appearance is
dilapidated and the patient is liable to impulsive acts, destructively and may commit
suicide.

e. Compulsive Neurosis– this is the uncontrollable or irresistible impulse to do


something.

DAVID-AL C. 27
This neurosis maybe in the following forms:
1. Pyromania– compulsive desire to set fire.
2. Homicidal Compulsion– the irresistible urge to kill somebody.
3. Kleptomania– the completive desire to steal.
4. Dipsomania– the compulsive desire to drink alcohol.

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


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

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


mental deterioration. The seizure may result to extreme loss of consciousness. During
the attack the person become muscularly rigid, respiration cases, froth on the mouth
and tongue maybe bitter. Just before the actual convulsion, there may be mental
confusion, hallucination or delusion and may commit violent crimes without provocation.
After the attack, the person may be at the state of altered consciousness and may
wonder from one place to another and inflict bodily harm.

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

h. Alcoholism– this is a form of vice causing mental disturbance. Person is under the
influence of liquor may commit violent crimes and inflict physical injuries. Habitual
drunkard may commit suicide, sex offence and exquisites’ crimes. Young children,
likewise, may become delinquent.

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

D. Sociological Causes of Crimes


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

Sociological Theories of the Causes of Crimes


1. Differential Association Theory (DAT)
In criminology, Differential Association(1883–1950) is a theory developed by
Edwin Sutherland proposing that through interaction with others, individuals learn the
values, attitudes, techniques, and motives for criminal behavior.
He was the author of the leading text Criminology, published in 1924, first
stating the principle of differential association in the third edition retitled Principles of
Criminology. He coined the phrase white-collar criminal in a speech to the American
Sociological Association on December 27, 1939.

DAVID-AL C. 28
Note: Edwin Sutherland was known as the Father of American Criminology

2. Differential Identification Theory by Daniel Classer


A person with the propensities of becoming a thief will consider thieves as their
ideal person to identify themselves. It may be done by identifying themselves with
character in movies, radio and televisions.

3. Imitation-Suggestion, Theory of Gabriel Tarde


The learning process may either be conscious type of copying (imitation) or
unconscious copying (suggestion) of confronting patterns of behavior.

4. Differential Social Organization Theory


This is sometimes called social disorganization; there is social disorganization
when there is a social change, conflict of values between the new and the old.;
There is lack of well-defined limit to behavior, a breakdown of rules and absence
of definite role for the adolescence to play.

5. Conflict of Culture Theory by Thorsten Sellin


It was emphasized that the multiplicity of flicting culture is the principal source of
social disorganization. The high crime and delinquency rates of certain ethics or racial
group is explained by their exposure to diverse and incongruent standards and codes of
larger society.

6. Containment Theory by Reckless


Accordingly, criminality is brought about by the inability of the group to contain
the behavior of its group and that of effective containment of the individual into the value
of system and structure of society will minimize the crime.

Other Sociological Causes of Crime


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

E. Other Criminogenic Factors or Causes of Crimes


a. Failure of the School in Character Development of the Children and the Youth.
b. The Mass Communication Media develop an artificial environment of crimes and
delinquency and influence the public to violate the law.
c. Political causes may bring about on artificial set or crime

DAVID-AL C. 29
1. There are too many laws and ordinances passed and violated.
2. The police and other law enforcement agencies are enforcing the laws carelessly
and the people are impressed with the idea that they can break the law with impunity
from punishment and arrest.
3. Leniency of the courts to imposed stiffer penalties which encourage commission
of crimes etc...

LESSON 9

Penology
- Came from the Latin word “poena” which means pain or suffering.
- it is the study of punishment for crime or of criminal offenders.
- Study of jail/prison management and administration as well as rehabilitation and
reformation of prisoners.

Penologist – It refers to a person who studies the science or art of punishment.

Retribution – refers to the Code of Hammurabi (circa 1700 B.C., often cited as the
world's first legal code); justice is in the form of "life for life, eye for eye, tooth for tooth,
hand for hand, foot for foot, burning for burning, wound for wound, and stripe for stripe".

Principles in the Philosophy of Retribution

1. Proportionality – the idea that we can rank order of the seriousness of the crime as
well as a standard progression in the penalties to administer.

2. Just desert - is the right term if we consider the culpability (degree of intent or
willfulness) of each offender in addition to the ranked seriousness of their offense.
Punishment is deserved with no idea of vengeance or retribution.

3. Equity - if we take consistency to the extreme and see to it that all offenders who
commit the same crime with the same degree of culpability get exactly the same
punishment.

4. Reciprocity - if we look at the punishment as a natural part of the social order and
feel satisfied that the offender has been appropriately punished.

5. Retributive - if the offender happens to agree with the appropriateness of the


punishment, or at least accepts some blame or shows remorse, or the upholding of
human dignity through the mutual acceptance of a fair and just punishment. Simply
called the justice model by David Fogel (1975) in the book, We Are the Living Proof:
The Justice Model for Corrections. Basically, the justice model is a rejection of all
hopes for rehabilitation and the indeterminate sentence.

DAVID-AL C. 30
Utilitarianism

- “Greatest good for the greatest number”

The philosophy of utilitarianism developed at a time in history when intellectuals


were concerned with the idea of social contract.

Social Contract consists basically of the doctrine that an individual is only bound
to society by their consent, and that through this consent (often implied if the person
remains in that society and doesn't move), society has a mutual responsibility to them
(such as protecting their life, property, and welfare). Such intellectuals as Montesquieu
(1689-1755), Voltaire (1694-1778), Rousseau (1712-1778), Beccaria (1738-1794),
and Bentham (1748-1832) all played a large part in shaping the philosophy of
utilitarianism, as did others.

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

Kinds of Deterrence

1. Specific Deterrence (Individual Deterrence) often takes the form of an older


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

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

Redemption and Restorative Justice


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

DAVID-AL C. 31
LESSON 10
PENOLOGY

Penology is the study of punishment for crime or of criminal offenders. It includes


the study of control and prevention of crime through punishment of criminal offenders. It
is a term derived from the Latin word “POENA” which, means pain or suffering.

Penology is also otherwise known as Penal Science. It is actually a 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.

Penal Management

Penal management is the manner or practice of managing or controlling places


of confinement as in jails or prisons.

CORRECTION

Correction 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 the general involving the processes of handling
individuals who have been convicted of offenses for purposes of crime prevention and
control.

Correction as a Process

Correction as a process is the reorientation of the criminal offender to prevent


him or her from repeating his delinquent actions without the necessity of taking punitive
action but rather introduction of individuals measures of reformation.

Correction Administration

It is the study and practice of a systematic management of jails or prisons and


other institutions concerned with custody, treatment, and rehabilitation of criminal
offenders.

Correction and the Criminal Justice System

The Criminal Justice System is the machinery of any government in the control
and prevention of crimes and criminality. It is composed of the pillars of justice such as:
the Law Enforcement Pillar (Police), the Prosecution Pillar the Court Pillar, the
Correction Pillar, and the Community Pillar.

DAVID-AL C. 32
Correction as one of the pillars of Criminal Justice system is considered as the
weakest pillar. This is because of its failure to deter individuals in committing crimes as
well as the reformation of inmates. This evident of in the increasing number of inmates
in jails or prisons. Hence, the need of prison management is necessary to rehabilitate
inmates and transform then to become law-abiding citizens after their release.

Correction is the fourth pillar of the criminal justice system. This pillar takes over
once the accused, after having found guilty, is meted out the penalty for the crime he
committed. He can apply for probation or he could be turned over to a non-institutional
or institutional agency or facility for custodial treatment and rehabilitation. The offender
could avail of the benefits of parole or executive clemency once he has served the
minimum period of his sentence.

Historical Perspective on Correction

16th Century

Transportation of criminals in England was authorized during the 16th century. At


the end of the century, Russia and other European Countries followed this system. It
partially relieved overcrowding of prisons. Transportation was abandoned in 1835.

17th C to late 18th Century

Death Penalty became prevalent as a form of punishment. GAOLS (Jails)


were common. These are pretrials detention facilities operated by English Sheriff. The
GALLEYS were also used. These are long, low, narrow, single decked ships propelled
by sails, usually rowed by criminals, a type of ship used for transportation of criminals in
the 16th century. HULKS – decrepit transport, former warships used to house prisoners
in the 18th and 19th century. These were abandoned warships converted into prisons as
means of relieving congestion of prisoners. They were also called “floating hells”

Compensation of a wrong act

Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any
one (in the primitive society). The concept of personal revenge by the victim’s family or
tribe against the family or tribe of the offender, hence “blood feuds” was accepted in the
early primitive societies.

Fines and Punishment - Customs has exerted effort and great force among
primitive societies. The acceptance of vengeance in the form of payment (cattle, food,
personal services, etc) became accepted as dictated by tribal traditions.

DAVID-AL C. 33
LESSON 11

PUNISHMENT AND THE CRIMINAL

Punishment is the redress that the state takes against an offending member of
society that usually involves pain and suffering. It is also the penalty imposed on an
offender for a crime or wrongdoing.

Ancient Forms of Punishment

1. Death Penalty – affected by burning, beheading, hanging, breaking at the


wheels, pillory and other forms of medieval executions.

2. Physical Torture – affected by maiming, mutilation, whipping and other


inhumane or barbaric forms of inflicting pain.

3. Social Degradation – putting the offender into shame or humiliation.

4. Banishment or Exile – the sending or putting away of an offender which was


carried out either by prohibition against coming into a specified territory such as an
island to where the offender has been removed.

5. Other similar forms of punishment like transportation and slavery.

Early Forms of Prison Discipline

1. Hard Labor – productive works.

2. Deprivation – deprivation of everything except the essentials of existence.

3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to
perform drab or boring daily routine.

4. Uniformity – “we treat the prisoners alike”, ‘the fault of one is the fault of all”.

5. Mass Movement – mass living in cellblocks, mass eating, mass recreation,


mass bathing.

6. Degradation – uttering insulting word or languages on the part of prison staff


to the prisoners to degrade or break the confidence of prisoners.

7. Corporal Punishment – imposing brutal punishment or employing physical


force to intimidate a delinquent inmate.

8. Isolation or Solitary Confinement – non-communication, limited news, “the


lone wolf’.

DAVID-AL C. 34
Contemporary Forms of Punishment

1. Imprisonment – putting the offender in prison for the purpose of protecting the
public against criminal activities and at the same time rehabilitating the prisoners by
requiring them to undergo institutional treatment program.

2. Parole – a conditional release of the prisoners after serving part of his / her
sentence in prison for the purpose of gradually re-introduction him / her to free life under
the guidance and supervision of a parole officer.

3. Probation – a disposition whereby a defendant after conviction of an offense,


the penalty of which does not exceed six years imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of probation
officer.

4. Fine – an amount given as a compensation for a criminal act.

5. Destierro – the penalty of banishing a person from the place where he


committed a crime, prohibiting him to get near or enter the 25-kilometer perimeter.

Justification of Punishment

1. 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 should be punished
because they deserve it.

2. Expiation or Atonement – it is punishment in the form of group vengeance


where the purpose is to appease of offended public or group.

3. Deterrence – punishment gives lesson to the offender by showing to others


what would happen to them if they violate the law. Punishment is imposed to warn
potential offenders that they can not afford to do what the offender has done.

4. Incapacitation and Protection – the public will be protected if the offender


has being held in conditions where he cannot harm others especially the public.
Punishment is effected by placing offenders in prison so that society will be ensured
from further criminal depredations of criminals.

5. Reformation or Rehabilitation – it is the establishment of the usefulness and


responsibility of the offender. Society’s interest can be better served by helping the
prisoner to become law abiding citizen and productive upon his return to the community
by requiring him to undergo intensive program of rehabilitation in prison.

DAVID-AL C. 35
THE AGE OF ENLIGHTENMENT

18th Century is a century of change. It is the period of recognizing human dignity.


It is the movement of reformation, the period of introduction of certain reforms in the
correctional field by certain person, gradually changing the old positive philosophy of
punishment to a more humane treatment of prisoners with innovational programs.

LESSON 12
The Two Rival Prison Systems in the History of Correction

The Auburn Prison System

The prison system called the “Congregate System”. The prisoners are confined
in their own cells during the night and congregate work in shops during the day.
Complete silence was enforced.

The Pennsylvania Prison System

The prisons system called “Solitary System”. Prisoners are confined in single
cells day and night where they lived, they slept, and they ate and receive religious
instruction. Complete Silence was also enforced. They are required to read the Bible.

What is PENALTY?

Penalty is defined as the suffering inflicted by the state against an offending


member for the transgression of law.

Juridical Conditions of Penalty

Punishment must be:

1. Productive of suffering – without however affecting the integrity of the human


personality.

2. Commensurate with the offense – different crimes must be punished with different
penalties (Art. 25, RPC)

3. Personal – the guilty one must be the one to be punished, no proxy.

4. Legal – the consequence must be accordance with the legal law.

5. Equal – equal for all persons.

6. Certain – no one must escape its effects.

DAVID-AL C. 36
7. Correctional – changes the attitude of offenders and become law-abiding citizens.

Penalties as to Gravity

1. Death Penalty – Capital punishment.

2. Reclusion Perpetua – A term of 20 years and 1 day - 40 years imprisonment.

3. Reclusion Temporal – 12 years and 1 day to 20 years imprisonment.

4. Prision Mayor – 6 years and 1 day to 12 years.

5. Prision Correctional – 6 months and 1 day to 6 years.

6. Arresto Mayor – 1 month and 1 day to 6 months.

7. Arresto Menor – 1 day to 30 days.

8. Bond to keep the peace – discretionary on the part of the court.

What is a PRISON?

It is penitentiary, an institution for the imprisonment (incarceration) of persons


convicted of major/ serious crimes.

A building, usually with cells, or other places established for the purpose of
taking safe custody or confinement of criminals.

A place of confinement for those charged with or convicted of offenses against


the laws of the land.

Who is a PRISONER?

A prisoner is a person who is under the custody of the lawful authority. A person,
who by reason of his criminal sentence or by a decision issued by a court, may be
deprived of his liberty of freedom.

A prisoner is any person detained/ Confined in jail or prison for the commission of
a criminal offense or convicted and serving in a penal institution.

General Classification of Prisoners

1. Detention Prisoners – those detained for investigation, preliminary hearing, or


awaiting trial. A detainee in a lock up jail. They are prisoners under the jurisdiction of
Courts.

DAVID-AL C. 37
2. Sentenced Prisoners – offenders who are committed to the jail or prison in
order to serve their sentence after final convicted by a competent court. They are
prisoners under the jurisdiction of penal institutions.

3. Prisoners who are on Safekeeping – includes non-criminal offenders who are


detained in order to protect the community against their harmful behavior. Ex. Mentally
deranged individuals, insane person.
Classification of Sentenced Prisoners:

1. Insular or National Prisoners – those sentenced to suffer a term of sentence of


3 years and 1 day to life imprisonment.

2. Provincial Prisoners – Those persons sentenced to suffer a term of


imprisonment from 6 months and 1 day to 3 years.

3. City Prisoners – Those sentenced to suffer a term of imprisonment from 1 day


to 3 years.

4. Municipal Prisoners – Those confined in Municipal jails to serve an


imprisonment from 1 day to 6 months.

Classification of Prisoners
According to Degree of Security:

Super Maximum Security Prisoners

A special group of prisoners composed of incorrigible, intractable, and highly


dangerous persons who are the source of constant disturbances even in a maximum-
security prison. They wear orange color uniform.

Maximum Security Prisoners

It is the group of the prisoners whose escape could be dangerous to the public or
to the security of the state. It consist of constant troublemakers but not as dangerous as
the super maximum-security prisoners. Their movements are restricted and they are not
allowed to work outside the institution but rather assigned to industrial shops with in the
prison compound. They are confine at the Maximum Security Prison (NBP Main
Building), they wear orange color of uniform. Prisoners includes those sentenced to
serve sentence 20 years or more, or those whose sentenced are under the review of
the Supreme Court, and offenders who are criminally insane having severe personality
or emotional disorders that make them dangerous to fellow offenders or staff members.

Medium Security Prisoners

Those who cannot be trusted in open conditions and pose lesser danger than

DAVID-AL C. 38
maximum-security prisoners in case they escape. It consist of groups of prisoners who
maybe allowed working outside the fence or walls of the penal institution under guards
or with escorts. They occupy the Meduim Security Prison (Camp Sampaguita) and they
wear blue color of uniforms. Generally, they are employed as agricultural workers. It
includes prisoners whose minimum sentence is less than 20 years and life-Sentenced
prisoners who served at least 10 years inside a maximum-security prison.

Minimum Security Prisoners

It is a group of prisoners who can be reasonably trusted to serve sentence under


“open conditions”. This group includes prisoners who can be trusted to report to their
work assignments without the presence of guards. They occupy the Minimum Security
Prison (Camp Bukang Liwayway) and wear brown color uniforms.

LESSON 13

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

Victimology Theory
The concept of victim dates back to ancient cultures and civilizations, such as the
ancient Hebrews. Its original meaning was rooted in the idea of sacrifice or scapegoat -
- the execution or casting out of a person or animal to satisfy a deity or hierarchy.
During the founding of victimology in the 1940s, victimologists such as Mendelson, Von
Hentig, and Wolfgang tended to use textbook or dictionary definitions of victims as
hapless dupes who instigated their own victimizations known notion of "victim
precipitation".

Over the years, ideas about victim precipitation have come to be perceived as a
negative thing; "victim blaming" it is called.
Crime victim generally refers to any person, group, or entity who has suffered
injury or loss due to illegal activity. The harm can be physical, psychological, or
economic.

Types of Victim/s
a. Primary crime victim/s b. Secondary crime victim/s c. Tertiary crime victim/s

Note: One of the goals of victimology as a science is to help end this state of societal
confusion.

DAVID-AL C. 39
History of Victimology
The scientific study of victimology can be traced back to the 1940s and 1950s.
Two criminologists (victimologist), Mendelsohn and Von Hentig, began to explore the
field of victimology by creating "typologies". They are considered the "fathers of the
study of victimology."

Conditions that support crime can be classified into three general categories: a.
Precipitating Factors - time, space, being in the wrong place at the wrong time.

b. Attracting Factors - choices, options, lifestyles (the sociological expression


"lifestyle" refers to daily routine activities as well as special events one engages in on a
predictable basis).

c. Predisposing Factors - all the sociodemographic characteristics of victims, being


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

Crime occurs whenever three conditions come together:

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

2. Motivated Offenders - and we'll always have motivated offenders since victimology,
unlike deterministic criminology, assumes anyone will try to get away with something if
they can; and

3. Absence of Guardians - the problem is that there are few defensible spaces (natural
surveillance areas) and in the absence of private security, the government can't do the
job alone.

Two Models of Victimization


1. Victims of Crime Model (Man-made Cause)
a. Stage of Impact and Disorganization - This depicts the attitude or activity of the
victim during and immediately following the criminal event.
b. Stage of Recoil - This stage occurs during which the victim formulates
psychological defenses and deals with conflicting emotions of guilt, anger,
acceptance, and desire of revenge (this could last 3 to 8 months).
c. Reorganization Stage - This stage occurs during which the victim puts his/her life
back to normal daily living.

2. Victim of Disaster Model (Natural Cause)


a. Pre-impact Stage - This describes the state of the victim prior to being victimized.
b. Impact Stage - This stage is the phase at which victimization occurs.
c. Post-impact Stage - This stage entails the degree and duration of the personal
and social disorganization following victimization.

DAVID-AL C. 40
d. Behavioral Outcome - This phase describes the victim’s adjustment to the
victimization experience.

Three Kinds of Crime Victim

1. Direct or Primary Crime Victim - This kind of victim directly suffers the harm or
injury which is physical, psychological, and economic losses.

2. Indirect or Secondary Crime Victim - Victims who experience the harm second
hand, such as intimate partners or significant others of rape victims or children of a
battered woman. This may include family members of the primary victims. However,
Karmen (2007) also included first responders and rescue workers who race to crime
scenes (such as police officers, forensic evidence technicians, paramedics, firefighters
and the like) as secondary victims because they are also exposed to emergencies and
trauma on such a routine basis and that they also need emotional support themselves.

3. Tertiary Crime Victims - Victims who experience the harm vicariously, such as
through media accounts, the scared public or community due to watching news
regarding crime incidents.

Note: The Supreme Court of the United States first recognized the rights of crime
victims to make a victim impact statement in the sentencing phase of a criminal
trial in the case of Payne v. Tennessee 501 U.S. 808 (1991

Victim Impact Panel


A victim impact panel is a form of community-based or restorative justice in which
the crime victims (or relatives and friends of deceased crime victims) meet with
the defendant after conviction to tell the convict about how the criminal activity
affected them, in the hope of rehabilitation or deterrence.

Victim Assistance
The following are the ideal supports to be given to a certain victim:
1. Victims should receive the necessary material, medical, psychological and social
assistance through governmental, voluntary, community-based and indigenous
means.
2. Victims should be informed of the availability of health and social services and other
relevant assistance and be readily afforded access to them.
3. Police, justice, health, social service and other personnel concerned should receive
training to sensitize them to the needs of victims, and guidelines to ensure proper and
prompt aid.
4. In providing services and assistance to victims, attention should be given to those
who have special needs because of the nature of the harm inflicted or because of
factors such as those mentioned in paragraph 3 above.

DAVID-AL C. 41
Mendelsohn (1937)
He interviewed victims to obtain information, and his analysis led him to believe
that most victims had an "unconscious aptitude for being victimized."

Mendelsohn’s Types of Victim

1. Innocent - Portrayed as just being in the wrong place at the wrong time.

2. Victim with only minor guilt and was victimized due to ignorance.

3. Victim who is just as guilty as the offender and the voluntary victim. Suicide case is
common to this category.

4. The victim guiltier than the offender - this category was described as containing
persons who provoked the criminal or actively induced their own victimization.

5. The Most Guilty Victim “who is guilty alone” - An attacker killed by a would-be victim
in the act of defending themselves is an example of this.

6. The Imaginary Victim - A victim suffering from mental disorders, or those victims with
extreme mental abnormalities.

According to Mendelsohn, the last five types all contributed somehow to their
own injury, and represented as victim precipitation.

Von Hentig’s Taxonomy of Murder Victims (1948)


1. Depressive Type - A victim who lacks ordinary prudence and discretion. It is an easy
target, careless and unsuspecting. They are submissive by virtue of emotional
condition.
2. Greedy of Gain or Acquisitive Type - A victim who lacks all normal inhibitions and
well-founded suspicions. This victim is easily duped because his or her motivation for
easy gain lowers his or her natural tendency to be suspicious.
3. Wanton or Overly Sensual Type - A victim where “females foibles play a role. This
victim is particularly vulnerable to stresses that occur at a given period of time in the
life cycle, such as juvenile victims. Further, this victim is ruled by passion and
thoughtlessly seeking pleasure.
4. Tormentor Type - The victim of attack from the target of his or her abuse, such as
with battered women. The most primitive way of solving a personal conflict is to
annihilate physically the cause of the trouble (Walklate, 2007).
5. Lonesome Type - This is the same to the acquisitive type of victim, by virtue of
wanting companionship or affection.
6. Heartbroken Type - This victim is emotionally disturbed by virtue of heartaches and
pains.

DAVID-AL C. 42
Von Hentig’s Classes of Victim
1. The Young - The Young is weak by virtue of age and immaturity.
2. The Female - Female is physically less powerful and is easily dominated by males.
3. The Old - The Old is incapable of physical defense and the common object of illegal
scheme.
4. The Mentally Defective - Mentally Defective person is unable to think clearly.
5. The Immigrant - Immigrant is unsure of the rules of conduct in the surrounding
society.
6. The Minorities - Racial prejudice may lead to victimization or unequal treatment by
the agency of justice.

Crime Prevention and Protection Principles

1. Primary Prevention- Primary prevention involves altering the environment in such a


way that the root causes, or at least the facilitators, of crime are eliminated.

2. Secondary Prevention - Secondary prevention involves a focus upon specific


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

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

DAVID-AL C. 43
GLOSSARY
INTRODUCTION TO CRIMINOLOGY
DEFINITION OF TERMS

Alienist – This term is applied to a specialist in the study of mental disorders.

Anthropology – Science devoted to the study of mankind and its development in relation
to its physical, mental, and cultural history.

Auto-phobia – (monophobia) A morbid fear of one's self or of being alone.

Behavior Systems In Crime – Progress in the explanation of disease is being made


personally by the studies of specific diseases. Similarly it is desirable to concentrate
research work in criminology on specific crimes and on specific sociological units within
the broad area of crime and within the legal definition of specific types of crime such as
kidnapping and robbery.

Biometry – A measuring or calculating of the probable duration of human life; The


attempt to correlate the frequency of crime between parents and children of brothers or
sisters.

Bio-social Behavior – A persons biological heritage plus his environment and social
heritage influence his social activity. It is through the reciprocal actions of his biological
and social heritages that a persons personality is developed.

Broader Social Group -

1. School
2. The Church
3. The Police
4. The Government
5. The Prosecution
6. The Court
7. Correctional Institutions

Broken Home – The modification of home conditions by death, divorce or desertion has
generally been believed to be an important reason for delinquency of the children.

Cesare Beccaria – In his book “An Essay Of Crimes And Punishment” London 1767,
advocated and applied the doctrine of penology that is to make punishment less
arbitrary and severe than it had been; That all persons who violated a specific law
should receive identical punishment regardless of age, sanity, wealth, position or
circumstances.

Cesare Lombroso – A medical doctor who made extensive research in physical

DAVID-AL C. 44
characteristics of criminals, political crimes and revolutions and relationships between
the criminal and anthropology.

Charles Goring – An English statistician who studies the case histories of 2000 convicts.
He found that heredity is more influential as a determiner of criminal behavior than
environment.

Colajani – A criminologist, describes the direct and indirect deficiency of the means to
satisfy the numerous necessities of man is sufficient stimulus for him to adopt honest or
criminal methods in the struggle that ensues. “To this man delinquency is strongly
influenced by socio economic”.

Competitive Development Of Techniques Of Crime And Of The Protection Against


Crime – Both sides may appropriate the inventions of modern science so far as they are
useful to them. When the police develop an invention for the detection or identification
of criminals, the criminals utilize a device to protect themselves.

Cretinism – A disease associated with pre-natal thyroid deficiency and subsequent


thyroid inactivity, marked by physical deformities, arrested development, goiter and
various forms of mental retardation including imbecility.

Crime Index – Any record of crimes such as crimes known to the police, arrest,
conviction or commitments to prisons.

Crime Statistics – A reported instance of a crime recorded in a systematic classification.

Criminality In The Home – One of the most obvious elements in the delinquency of
some children is the criminalistic behavior of other members of the child's family.

Criminal Psycho-dynamics – The study of mental processes of criminals in action, the


study of the genesis, development and motivation of human behavior that conflicts with
accepted norms and standards of society; This study concentrates on the study of
individuals as opposed to general studies of mass populations with respect to their
general criminal behavior.

Criminogenic Process – The process which explain human behavior, the experiences
which help determine the nature or a persons as a reacting mechanism, the factors or
experiences in connection thereto impinge differentially upon different personalities
producing conflict which is the aspect of crime.

Criminology – Scientific study and investigation of crime and criminals as well as the
identification of criminals and detection of crime.

Cultural Conflict – A clash between societies because of contrary beliefs or substantial


variance in their respective customs, language, institutions, habits, learning traditions,

DAVID-AL C. 45
etc.

Decriminalization – To remove or reduce in status the criminal classification through


legislation of certain criminal laws.

Delusion – In medical jurisprudence, a false belief about the self caused by morbidity,
present in paranoia and dementia praecox.

Dementia praecox – A collective term for mental disorders that begin at or shortly after
puberty and usually lead to general failure of the mental faculties with the corresponding
physiological impairment.

Dr. Cesare Lombroso – Advocated the positivist theory that crime is essentially a social
phenomenon and it can not be treated and checked by the imposition of punishment.

Economic Approach – The unjust utilization of economic resources sometimes create


resentment among individual which often lead them to frustration and develop a feeling
of hatred and provocative criminal conduct will result.
Edwin H. Sutherland – An American authority in criminology who in his book Principles
of Criminology considers criminology at present as not a science but it has hope of
becoming a science.

England During The Last Half Of 19th Century – Place and period where and when the
classical school of criminology and of criminal law developed based on hedonistic
psychology.

Episodic Criminal – A non criminal person who commits a crime when under extreme
emotional distress; A person who breaks down and commits a crime as a single incident
during regular course of natural and normal events.

Erotomania – A morbid propensity to love or make love. Uncontrollable sexual desire or


excessive sexual cravings by member of either sex.

Euthanasia – It signifies the release from life given a sufferer from an incurable and
painful disease.

Extrovert – As opposed to introvert (a person highly adapted to living in and deriving


satisfaction from external world) he is interested in people and things than ideas,
values, and theories. He likes people being around them and being liked by them.

Family – It is the first agency to affect the direction which a particular child will take and
that no child is so constituted at birth that it must inevitably become a delinquent or that
it must inevitably be law abiding.

Fashions In Crime – Certain types of crimes have disappeared almost entirely thus the
general situation may change and cause the disappearance of crime.

DAVID-AL C. 46
Ferri – A sociologists who theorized that it is the impulse of opportunities more than
innate tendency that determine the crime.

Gang – Means of disseminating techniques of delinquencies of training in delinquency,


of protecting its members engage in delinquency and of maintaining continuity in
delinquency.

George L. Wilker – A criminologist who in his book “The Scientific Adequacy Of


Criminological Concept” argued that criminology can not possibly become a science.
Accordingly, general proposition of universal validity are the essence of science, such
proposition can be made only regarding stable and homogeneous unit but varies from
one time to another, therefore, universal proposition can not be made regarding crime
and scientific studies of criminal behavior are impossible.

Government – It is an organized authority that can influence social control through its
branches, particularly in the making of laws.

Hallucination – An apparent perception without any corresponding external object,


especially in psychiatry, any of the numerous sensations, auditory, visual or tactile
experienced without external stimulus and cause by mental derangement , intoxication
or fever hence, maybe a sign of approaching insanity.

Heredity – It may be a transmission of physical characteristics, mental traits, tendency


to disease etc. from parents to offspring. In genetics, the tendency manifested by an
organism to develop in the likeness of a progenitor due to the transmission of genes in
the reproductive process.

Heredity and Environment – Have been believe to share about equally in determining
disposition that is whether a person is cheerful or gloomy, his temperament and his
nervous stability.

H. H. Godard – Advocated the theory that feeble-mindedness inherited as Mendelian


unit cause crime for the reason that feeble minded person is unable to appreciate the
consequences of his behavior or appreciate the meaning of the law.

Home – Considered as the cradle of human personality for in it the child forms the
fundamental attitudes and habits that endure through out his life.

Home Discipline – it is considered as 4 times as important as poverty in the home in


relation to delinquency; that it fails most frequently because of indifference and neglect.

Insanity – Common Types

1. Dementia Praecox (madness)


2. Manic Depressive ( characterized by mania and mental depression)

DAVID-AL C. 47
3. Paralysis – condition of helpless inactivity or of inability to act.
4. Senile – mental deterioration often accompanying old age.
5. Alcoholic psychosis

Inspector to Superintendent – Appointed by the chief of the PNP as recommended by


their immediate superiors and attested by the civil service commission.

Introvert – An individual with strongly self centered patterns of emotion, fantasy and
thought.

John Gaspar Lobater – A Swiss theologian, regarded the lack of beard in man, the
swirly eye or angry eye and weak chin serve as clues to unfavorable personality or
characteristic traits of an individual.
- phrenology or any of the protuberances of the skull as interpreted
with reference to ones mental faculties (pseudonym science) as popularized by Hanz
Joseph Gall.

Jonathan Edwards family – One family tree that contradicted the theory that criminality
is inherited. A famous preacher in the colonial period, none of his descendants were
found to be criminals.

Jukes Family – Family trees have been used extensively by certain scholars in the effort
to prove that criminality is inherited.

Kleptomania – An uncontrollable morbid propensity to steal.

Legomacy – A statement that we would have no crime if we had no criminal laws and
that we could eliminate all crime merely by abolishing all criminal law.

Mania Fanatica – A morbid of insanity characterized by a deep and morbid sense of


religious feeling.

Masochism – A condition of sexual perversion in which a person derives pleasure from


being dominated or cruelly treated.

Maturation – A process which appears in the life history of persisting criminals. This
process describes the development of criminality with reference first to the general
attitudes toward criminality and second to the techniques used in criminal behavior.

Mc Naughton Rule – Insanity is used to describe legally harmful behaviour perpetrated


under circumstances in which the actor did not know the nature or quality of his act or
did not know right from wrong. This explanation was formulated in England in 1843.

Megalomania – A mental disorder in which the subject thinks himself great or exalted.

Melancholia – A mental disorder characterized by excessive brooding and depression of


spirits; Typical of manic depressive psychosis accompanied with delusions and

DAVID-AL C. 48
hallucinations.

Mobility – The most significant social condition accompanying the industrial and
democratic revolutions because of this a condition of anonymity was created and the
agencies by which control had been secured in almost all earlier societies were greatly
weakened.

Multiple Factors Of Cause Of Crimes -

1. Biological
2. personality
3. Primary Social Group
4. Broader Social Group

Biological
1. Heredity
2. Endocrine Glands
3. Anatomical Structure/Physical Disease/Disorder

Napolcom – Shall administer the qualifying entrance exam. For policeman.

Necrophilism – Morbid craving usually of an erotic nature for dead bodies.

Neurosis – Is any kind of the mental functional disorders characterized by anxiety,


compulsion, phobia, depression, dissociation, etc.

Organization Of criminals – This may be developed thru the interaction of criminal, this
may be a formal association with recognized leadership understanding, agreements and
division of labor or it may be a formal similarity and reciprocity of interest and attitudes.

Pedophilia – A sexual desire of an adult for children.

Personality -

1. psychopatic Personality
2. Psychosomatic Personality
3. Alcoholism
4. Other Personality Deviation

Physiognomy – Art of discovering character by observation and measurement of


outward appearances especially the face.

Primary Social Group -

1. Home
2. Bad Neighbourhood

DAVID-AL C. 49
3. Broken Home

a. Environmental Delinquents – which is characterized by being


occasional law breakers.

b. Emotionally Maladjusted Delinquents – who are considered as habitual


law breakers

and who therefore can not avoid or stop from doing it.

c. Psychiatrist Delinquent – refer to a child who becomes delinquent due


to mental
illness coupled with serious emotional disturbance in the family.

Professionalization – When applied to a criminal refers to the following things the pursuit
of crime as a regular day by day occupation, the development of skilled technique and
careful planning in that occupation and status among criminals.

Progressive Conflict – This process begins with arrest which is intgerpreted as defining
a person as an enemy of society and which calls forth hostile relations from
representative of society prior to and regardless of proof of guilt, that each side tends to
drive the other side to greater violence unless it becomes stabilized on a recognized
level.

Prussian Law of 1784 – prohibit mothers and nurses from taking children under 2 years
old of age into their beds.

Psychosis – Is a major mental disorder in which personality is very seriously


disorganized and contact with reality is usually impaired.

Rafael Garofalo – A criminologist who pro-founded that society sets only 2 elements in
crime, the opportunity and victim. He classified criminals into murderers, thieves, sexual
offenders (cynics) And violent criminals.
- Italian criminologist who developed a concept of the natural crime and
defined it a violation of the prevalent sentiments of pity and probity.

Regionalism – crime rate not only vary from one region to another but also generally
among the several sections of each nation.

Religion – It emphasizes of morals and life's highest spiritual values, the work and
dignity of an individual and respect for the person and property of others generally a
powerful forces.

Rural Criminality – According to Marshall B. Olinard, this kind of criminality is explained


by the persons identification with delinquents and his conception of himself as reckless
and mobile an explanation which is consistent with differential association.

DAVID-AL C. 50
School – It is a strategic position to prevent crime and delinquency.

Segregation – This may be observed in the interaction between criminals and the public
thus, a person with criminal record may be ostracized in one community but may
become a political leader in other communities.

Sixto de Leon – The first chairman of the board of criminology.

Social Institutions And Crime – The general explanation of one topic in relation to
criminal behavior is that causes of crime lie primarily in the area of personal interaction
and that personal interaction is confined most entirely to local community and
neighborhood.

Social Psychological – Advocated by John Dewey, George Mead, Charles Cooley and
W.I. Thomas, that development of criminal behavior is considered as involving the same
learning process as does the development of the the behavior of a banker, doctor etc.;
that the content of learning not the process itself is considered as the significant
element determining whether one becomes a criminal or non-criminal.
Socialist School of Criminology – Based on writings of Marx and Engels, began 1850
and emphasized economic determinism; that crime is only a by-product, variations in
crime rates in association with variations in economic conditions.

Sociological And Cultural Approach – It includes assessment of those forces resulting


from man's collective survival effort with emphasis upon his institution, economic,
financial, educational, political, religion as well as recreational.

Sociological School – Interpreted crime as function of social environment; emphasizing


importance of imitation in crime causation.

Sociology – May mean a study of human society, its origin, structure, function and
direction.

W. A. Bonger – Classified crimes by the motives of the offenders as economic crimes,


sexual crimes, political and miscellaneous crimes with vengeance as the principal
motive.

White Collar Crimes – crimes committed by persons on the upper socio economic level
or occupying a high position in the organization.

REFERENCES USED IN THIS LESSON:

Eduardo, J.P., (2019). Introduction to Criminology (2nd ed.). Plaridel, Bulacan: St.
Andrew Publishing House

DAVID-AL C. 51
Schram, P.J., & Tibbetts, S.G. (2018). Introduction to Criminology: Why Do They Do It?
(2nd ed). Thousand Oaks, CA: SAGE Publications.
Bonger, W.A., (2015). An Introduction to Criminology. Third Avenue, New York:
Routledge

WEBSITE LINKS USED IN THIS LESSON:

This link shows the

This link shows a presentation about

This link shows how to develop

DAVID-AL C. 52
Prepared by: Reviewed by: Recommended by: Approve by:

CATAM-ISAN DARWIN
KEN GIE ANTHONY ALMARIO B.
DAVID-AL Q. BATAWANG P.h.D
CRUEL GARCIA, Ph. D.
RCRIM CRIM
Program Chair, Chair, Curriculum Dean, College
Subject Professor
BSCRIM and Instruction Department
Date: Date: Date: Date:

DAVID-AL C. 53
DAVID-AL C. 54

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