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INTRODUCTION TO

CRIMINOLOGY
CRIMINOLOGY
according to Edwin H. Sutherland, “criminology is the entire
body of knowledge regarding crime as a social phenomenon.
It includes within its scope the process of making of law, of
breaking of law and the society’s reaction towards the
breaking of laws.”

a body of knowledge regarding crimes, criminals and the


effort of society to prevent and repress it.

the scientific study of the causes of crime in relation to man


and society who set and define rules and regulations for
himself and others to govern.
Other Definitions
Criminology explores the etiology, extent, and nature of
crime in society. Criminologist are concerned with
identifying the nature, extent, and cause of crime.

Criminology is an interdisciplinary science that gathers


and analyzes data on various aspects of criminal,
delinquent, and general anti-social behavior.
Edwin Sutherland
– dean of modern criminology
– father of American criminology
– coined the word “white collar
crime”
– differential association theory
– term “criminology”
REPUBLIC ACT NO. 6506
AN ACT CREATING THE BOARD OF EXAMINER FOR
CRIMINOLOGIST IN THE PHILIPPINES AND FOR OTHER
PURPOSES

REPUBLIC ACT NO. 11131


THE PHILIPPINE CRIMINOLOGY PROFESSION ACT OF
2018
Origin of the word “Criminology”
Etimologically, the term criminology came from the Latin word “crimen”
meaning crime and word “logos” means study.

In 1885, Raffaele Garofallo, an Italian Law Professor coined the term


criminologia.

In 1889, Paul Topinard, French Antrophologist, used the term criminology


in French criminologie for the first time.
Principal Divisions of Criminology

1) Sociology of law – refers to the investigation of the


nature of criminal law and its administration.
2) Etiology of Crimes (criminal etiology) – the scientific
analysis of the causes of crimes and the criminal
behavior.
3) Penology (penal science) – the study of the control of
crimes and the rehabilitation of offender.
Is criminology a science?

According to George Wilker, criminology cannot turn


into science since it has not yet attained universal or
worldwide validity. Edwin H. Sutherland , hoped that it will
become a science in the future since the causes of crimes
are almost the same which may be biological,
environmental, or combination of both.
Nature of Criminology (SAND)

1) It is a Social Science because it studies crime as a social phenomenon.


Crime is a social problem which has a great impact to society.
2) It is a Applied Science because criminology as a body of knowledge
has already established universally accepted principles and concepts
and these are used by other field of study.
3) It is Nationalistic because the study of criminology takes into
consideration the history, the culture and the social norms and the laws
of the country. Each country has its own set of laws and crimes are
defined by the laws of a country.
4) It is Dynamic because the concepts of criminology and their
applications adapt to the changing time.
Scope in the Study of Criminology
1. Study of the origin and development of criminal law

2. Study of the causes of crimes and development of criminal

3. Study of the other sciences that examine criminal behavior


using scientific methods such as:
a. Criminal Demography – the study of the relationship between criminality and
population.
b. Criminal Epidemiology – the study of the relationship between environment or
milieu and criminality.
c. Criminal Ecology – the study of criminality in relation to the spatial distribution
in a community.
d. Criminal Physical Anthropology – the study of criminality in relation to physical
constitution of man
e. Criminal Psychology – the study of human behavior in relation to criminality
f. Criminal Psychiatry – the study of human mind in relation to criminality
g. Victimology – the study of the role of the victim in the commission of a crime.
h. Criminal Politics – a science consisting of principles with which the state
organizes its fight against criminality. The bases are knowledge of criminal law,
of criminality, penalties and other measures of social defense.
i. Forensic Medicine – application medical knowledge at the disposal of the
administration of justice, both civil and criminal.
j. Forensic Medicine – the application of chemical principles in the solution of
problems that arise in connection with the administration of justice.
SCHOOLS OF THOUGHT IN CRIMINOLOGY
School of thought – refers to a group of beliefs or ideas that support a
specific theory.

Theory – set of statements devised to explain behavior, events or


phenomenon, especially one that has been repeatedly tested and
widely accepted.
1. Demonological Theory (judeo-christian theory) – asserts that a
person commits wrongful acts due to the fact that he was possessed
by demons.

2. Classical School of Criminology (juristic/choice theory) – the classical


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

This theory however, does not give any distinction between an adult and a
minor or a mentally-handicapped in as far as free will is concerned.
Founders of classical school of criminology are Cesare Beccaria and Jeremy
Bentham.
Cesare Beccaria (Cesare Bonesana Marchese di
Beccaria) (1738-1794)
Best known for his essay, “On Crimes and
Punishment” which presented key ideas on the
abolition of torture as legitimate means of
extracting confession.
His book contains almost all modern penal
reforms but its greatest contribution was the
foundation it laid for subsequent changes in
criminal legislation.
His book was influential in the reforms of penal
code in France, Russia, Prussia and it influenced
the first ten amendments to the US Constitution.
“Father of Criminology”
Beccaria’s beliefs:
- People want to achieve pleasure and avoid pain
- Crime provides some pleasure to the criminal
- To deter crime, he believed that one must administer pain in an
appropriate amount to counterbalance the pleasure obtain from
crime.
- Famous in sayings “let the punishment fit the crime” (lex talionis,
commensurate)
HIGHLIGHTS OF CESARE BECCARIA’S IDEAS
REGARDING CRIMES AND THE CRIMINAL JUSTICE
SYSTEM
1. In forming a human society, men and women sacrifice a portion of their
liberty so as to enjoy peace and security.
2. The law must specify the degree of evidence that will justify the detention
of an accused offender prior to his trial.
3. Criminal law must be clear and certain. Judges must make uniform
judgements in similar crimes.
4. To torture accused offenders to obtain a confession is inadmissible.
5. Capital punishment is inefficacious and its place should be substituted life
imprisonment.
6. It is better to prevent crimes than to punish them. That is the chief
purpose of all good legislation.
Jeremy Bentham (1748-1832)
- His contribution to classical school of criminology is the
concept of utilitarianism and the felicific calculus.
Utilitarianism – is a philosophy which argues that “what is
right is the one that would cause the greatest good for the
greatest number of people”.
Felicific Calculus or the Pleasure and pain principle – is a
theory that proposes that individuals are human
calculators who calculate the consequences of his actions
by weighing the pleasure (gain) and the pain (suffering) he
would derive from doing the action.
- Proposed “utilitarian hedonism” which explains that the
person always acts in such a way to seek pleasure and
avoid pain.
- He reasoned that in order to deter individuals from
committing crimes, the punishment, or pain, must be
greater than the satisfaction, or pleasure, he would
gain from committing the crime.
3. NEOCLASSICAL CRIMINOLOGY (MODIFIED CLASSICAL)
This theory modified the doctrine of free will by stating that free
will of men may be affected by other factors and crime is committed
due to some compelling reasons that prevail. These causes
incompetence, insanity or any conditions that will make it
impossible for the individual to exercise free will entirely. In the
study of legal provision, this is termed as either mitigating or
exempting circumstances.
4. POSITIVISM/ITALIAN SCHOOL OF CRIMINOLOGY
- The term “positivism” refers to a method of analysis based on the collection
of observable scientific facts.
- Positivist believe that causes of behavior can be measured and observe
- It demands for facts and scientific proof, thus, changing the study of crimes
and criminals into scientific approach.
- Positive theorists were the first to claim the importance of looking at
individual difference among criminals. These theorists who concentrated on
the individual structures of a person, stated that people are passive and
controlled, whose behavior are imposed upon them by biological and
environmental factors.
August Comte
- Was a French philosopher and
sociologist and is believed to be the
one who reinvented the French term
“sociologie”
- He was recognized as the “Father of
Sociology and Positivism”
- Founder of Positivism
Cesare Lombroso
- Recognized as the “Father of Modern
and Empirical Criminology” due to his
application of modern scientific
methods to trace criminal behavior,
however, most of his ideas are now
discredited.
- Known for the concept of atavistic
stigmata (the physical features of
creatures at an earlier stage of
development).
4 classes of criminals according to Lombroso:
1. Born criminals – individuals with at least five atavistic stigmata (ape-like)
a. Dark skin
b. Huge jaws and cheekbones
c. Strong canine teeth
d. Nose twisted
e. Unusual ear size
f. Arm span is often greater than height
g. Fleshy lips
2. Insane criminals – those who became criminals because of
some brain defect (psychological problems) which affected their
ability to understand and differentiate what is right from what is
wrong.
3. Criminaloids– those with makeup of an ambiguous group that
includes habitual criminals, criminals by passion and other
diverse types.
4. Pseudo criminals – criminals who have committed a crime by
self-defense.
Enricco Ferri
- He focused his study on the influences of
psychological factors and sociological
factors such as economics, on crimes.
- He believed that criminal could not be
held morally responsible because they did
not choose to commit crimes, but rather
were driven to commit crimes by
conditions in their lives.
Raffaele Garofallo
- He treated the roots of the criminal’s
behavior not to physical features, but to their
psychology equivalent, which he referred to
as moral anomalies.
- He rejected the doctrine of freewill
- Classified criminals as murderers, violent
criminals, deficient criminals, and lascivious
criminals.
HOLY THREE IN CRIMINOLOGY (Garo-Fe-lo)
1. Rafaelle Garofallo
2. Enricco Ferri
3. Cesare Lombroso

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