Professional Documents
Culture Documents
By:
Ricardo S. Aquino
Instructor
MODULE 1
Week 1 - 4
Chapter 1 - Concept and Nature of Criminology
Chapter 2 - Schools of Thought in Criminology
Reference:
Criminology and Psychology of Crimes by Armando A. Alviola, PhD Crim.,
Introduction to Criminology with Psychology of Crime, Oscar Gatchalian Soriano.
Chapter 1
CONCEPT AND NATURE OF CRIMINOLOGY
Criminology Defined
Criminology is the science which studies crime, forms of criminal behavior, the
causes of crime, the definition of criminality, and the social reaction to criminal activity.
Related areas of inquiry may include juvenile delinquency, victimology (the study of
crime victims), theories of prevention, policing and corrections (Sousa, 2008).
Criminal Justice
1. Sociology of Law
2. Scientific analysis of the causes of crime
3. Crime Control
Purpose of Criminology
1. Law
2. Sociology
3. Psychology
4. Medicine
5. Chemistry
6. Public Administration
7. Education
8. Theology
9. Economics
Criminology consists of the activities of the following offices and sectors, public and
private:
Nature of Criminology
1. It is an applied science.
2. It is a social science.
3. It is dynamic.
This further means that criminology is relative. The study of crime varies from
place to place, generation to generation, and from culture to culture. Behaviors that
may be regarded as deviant or crime in one culture may be conformist and highly valued
in another. Also, those acts defined as criminal today may no longer be considered as
criminal acts in the coming years.
The study of crime changes when criminal laws, values, beliefs, social structure,
and other social factors change. Remember that crime is a legal term. A behavior can be
labeled as crime only when it is defined by law as such. Thus, the study of crime changes
when its definition changes.
4. It is interdisciplinary.
Many disciplines are involved in the study of crimes and criminal behavior.
Among them are sociology, psychology, psychiatry, economics, political science and so
on.
5. It is nationalistic.
The study of crimes must be in relation with the existing criminal law within the
territory or country. Finally, the question as to whether an act is a crime is dependent
on the criminal law of a state.
Scope of Criminology
3. Study of the different factors that enhance the development of criminal behavior
such as:
4. Study of the various measures and methods accepted by society in cases of violation
of criminal law such as:
a. The detection of crimes
2. Criminal Law and Jurisprudence – covers the study of the Revised Penal Code
and its amendments, and other laws that are penal in nature; criminal
procedure; and the law on evidence.
a. Dactylographer
b. Ballistician
c. Questioned Document Examiner
d. Correctional Officer
e. Law Enforcement Photographer
f. Lie Detection Examiner
g. Probation Officer
h. Agents in any law enforcement agency
i. Security Officer
j. Criminal Investigator
k. Police Laboratory Technician
a. Philippine Army
b. Philippine Navy
c. Philippine Marines
d. Philippine Air Force
5. Judiciary
6. State Colleges and Universities (SUCs), Private Universities and Colleges (PUCs) and
Specialized Training Institution (STIs) such as the Philippine Military Academy (PMA),
Philippine National Police Academy (PNPA), Philippine Public Safety College (PPSC) as:
a. Administrators
b. Instructors
c. Training Officers
d. Laboratory Technician
7. Maritime Industry
Activity no. 1
CLASSICAL CRIMINOLOGY
By the middle of the 18 th century, social philosophers studied, argued and began
to look for a more rational approach in imposing punishment. Social reformers sought to
eliminate the barbaric system of law, punishment and justice. They stressed that the
relationship between crime and punishment should be balanced and fair.
One of the social reformers who worked on the implementation of said reform
was Cesar Beccaria. He pioneered the development of a systematic understanding of
why people committed crime. According to him, the crime could be traced not to bad
people but to bad laws, that a modern criminal justice system should guarantee all
people equal treatment before the law. Beccaria believed that that the behavior of
people with regard to their choice of action is based on hedonism, the pleasure-pain
principle: Human beings choose those actions that give pleasure and avoid those that
bring pain. Moreover, punishment should be assigned to each crime in a degree that
results in more pain than pleasure for those who commit the forbidden acts. Therefore,
“the punishment should fit the crime.” The writings of Beccaria and his followers form
the core of what today is referred to as Classical Criminology, with the following basic
elements:
• In every society, people have free will to choose criminal or law solutions to
meet their needs or settle their problems.
• Criminal solutions may be more attractive than lawful ones because they
usually require less work for a greater payoff; if left unsanctioned, crime has
greater utility than conformity.
• A person’s choice of criminal solutions may be controlled by his fear of
punishment.
• The more severe, certain, and swift the punishment, the better able it is to
control criminal behavior (Siegel 2004)
Beccaria’s book On Crimes and Punishment supplied the blue print, which was
based on the assumption that people freely choose what they do and are responsible
for the consequences of their behavior.
Jeremy Bentham (1748-18321)
1. All human beings, including criminals, will freely choose either criminal ways or non
criminal ways, depending on which way they believe will benefit them.
2. Criminals will avoid behaviors that will bring pain and will engage in behaviors that
will bring pleasure.
3. Before deciding which course of action to take, criminals will weigh the expected
pains.
4. Criminals are responsible for their behaviors. They are seen as human beings who are
able to interpret, analyze, and understand the situation in which they find themselves.
5. Criminals act over and against their environments. They are not victims of their
environments.
8. Environmental forces do not push, pull, or propel individuals to act. An individual acts
willfully and freely.
9. Offenders are not helpless, passive, or propelled by forces beyond their control.
10. Each criminal act is a deliberate one, committed by a rational, choosing person who
is motivated primarily by the pleasure-pain principle.
NEO CLASSICAL CRIMINOLOGY
The Neo Classical School, which flourished in the 19 th century, had the same
basis as the classical school (a belief in free will) but the neo classical criminologist’s,
most of whom were British, saw the need for individualized reaction to offenders. They
believed the classical approach was to harsh and unjust. This school of criminology is a
modification of classical theory; it believed that certain factors such as insanity will
inhibit the exercise of free will.
Perhaps the most shocking aspect of harsh penal codes in early times was the
they did not provide for the separate treatment of children. One of the changes of the
neo classical period was that children under 7 years of age were exempt from the law
because they were presumed to be unable to understand what is right or wrong. The
exemption would cover juveniles. Mental disease became a reason to exempt a suspect
from conviction too. It was seen as a sufficient cause of impaired responsibility, and thus
defense by reason of insanity crept onto the law. Any situation or circumstance that
made it impossible to exercise free will was seen as a reason to exempt a person from
legal responsibility from what other-wise might be a criminal act.
Although the neo classical school, unlike the classical, was not a scientific school
of criminology, it began to explore the causation issue. Its proponents made exceptions
to the law and implied multiple causation. Even today much modern law is based on the
neo classical philosophy of free will tempered by exceptions (Reid, 1997).
POSITIVIST CRIMINOLOGY
The positivist school originated in the 19th century in the context of the “scientific
revolution”. The positivist rejected the harsh legalism of the classical school and
substituted the concept of “free will” with the doctrine of determinism. They focused on
the constitutional approach to crime. Advocating structure or physical characteristics of
an individual determine that person’s behavior. Since this characteristics are not
uniform, the positivists emphasized a philosophy of individualized, scientific treatment
of criminals, based on the findings of the physical and social sciences.
The positivist school presumes that the criminal behavior is caused by internal
and external factors outside of the individual’s control. The scientific method was
introduced and applied to the study of human behavior. Positivism can be broken up
into three segments which include biological, psychological and social positivism.
BIOLOGICAL POSITIVISM
The criminal’s distinct physical and mental stigmata include deviation in head
size and shape from the type common to the race and region from which the criminal
came; asymmetry of the face; excessive dimensions of the jaw and cheek bones; eye
defects and peculiarities; years of unusual size, or occasionally very small, or standing
out from the head as those of chimpansy; nose twisted, upturned or flattened in
thieves, or aquiline or beak-like in murderers, or with a tip rising like a peak from
swollen nostrils; fleshy lips, swollen and protruding; pouches in the cheeks like those of
animal’s toes; and imbalance of the hemispheres of the brain. Lombroso’s work
supported the idea that the criminal was a biologically and physically inferior.
1. The theory of atavism – Lombroso had the opinion that criminals were
developed from primitive or sub human individuals characterized by some
inferior mental and physical characteristics such as receding hairline, fore head
wrinkles, bumpy face, broad noses, fleshy lips, sloping shoulders, long arms and
pointy fingers. He called this condition atavism.
a. born criminals – These refer to individuals who are born with genetic
predilection toward criminality.
a. Pseudo criminals - These individuals are not real criminals. They have
neither any in-born tendency towards crime nor are they under the
influence of any bad crime – inducing habit. They do something criminal
on account of acute pressure of circumstances that live them with no
choice.an example would be persons who kill in self-defense.
Enrico Ferri – A student of Lombroso, Enrico Ferri is the best known of Lombroso’s
associates. But, although he agreed to Lombroso on the biological bases of criminal
behavior, his interest in socialism led him to recognize the importance of social,
economic and political factors in the study of criminal behavior. His greates contribution
was his attack on the classical doctrine of free will, which argued that criminals should
be held morally responsible for their crimes because they must have made a rational
decision to commit those acts. On the contrary, Ferri believed that criminals could not
be held morally responsible because they did not choose to commit crimes but rather
were driven to commit them by conditions in their lives. He, however, stressed that
society needed protection against criminal acts and that it was the purpose of the
criminal law and penal policy to provide that protection.
Raffaele Garofalo - Just like Lombroso and Ferri, Raffaele Garofalo rejected the doctrine
of free will and supported the position that the only way to understand crime was to
study it by scientific methods. Influenced by Lombroso’s theory of atavistic stigmata,
which he found to have many short comings, he traced the roots of criminal behavior,
not to physical features, but to their psychological equivalents, which he called “moral
anomalies”. According to this theory, natural crimes are found in all human societies,
regardless of the views of the law makers, and no society can disregard that.
According to Garofalo, natural crimes are those that offend the basic normal
sentiment of probity, which mean respect for the property of others, and piety or
avoidance of causing infliction of sufferings to others. An individual who has an organic
deficiency in these moral sentiments has no moral force against committing such crimes.
Influenced by the theory of Darwin, Garofalo suggested that the death penalty could rid
the society of its maladapted members, just as the natural selection process eliminated
maladapted organisms. And for those who committed less serious offenses, who are
capable of adopting themselves to society in some measure, he preferred:
transportation to remote islands, lost of privileges, institutionalization in farm colonies,
or perhaps simple reparation. Clearly. Garofalo was more concerned and interested in
protecting society than individual rights of offenders. Garofalo classified criminals as:
SOCIOLOGICAL POSITIVISM
During the nineteenth and early twentieth centuries, soime scholars began to
search for social determinants of criminal behavior. Among them were the Belgian
mathematician Adolphe Quetelet and the French lawyer Andre Michel Guerry. They
started what was called Cartographic School of Criminology in which they worked
independently on the relation of crime statistics to such factors as poverty, age, sex,
race, climate, and other demographic factors. Both scholars concluded that society, not
the decisions of individual offender, was responsible for criminal behavior.
Another scholar who worked on relationship of crime and social factors was Gabriel
Tarde. He made the opinion that society played an important role in creating the
criminal. However, individual choice and chance were also important to him. Tarde’s
major contribution in the study of the cause of crime was his concept of the criminal as
a professional type. He believed that most criminals went through a process of training
before finally becoming criminal. Moreover, it was an accident of birth or chance that
put them in an atmosphere of crime.
Of all the nineteenth century writers on the relationship between crime and social
factors, non has more powerfully influenced contemporary criminology than Emile
Durkheim. According to Durkheim, crime is an inevitable aspect of society. It could
disappear only if all members of society had the same values, and such standardization
is neither possible nor desirable. He called this concept anomie (Greek, Anomos,
without norms), a breakdown of social order as a result of a loss of standards and
values. In a society plagued by anomie, disintegration and chaos replace social cohesion.
LACASSAGNE SCHOOL
Lombroso’s Italian school was rivaled, in France, by Alexandre Lacassagne and
his school of thought, based in lyon and influential from 1885-1914. The lacassagne
school rejected Lombroso’s theory of “criminal type” and of “born criminals” and
stressed the importance of social factors. However, contrary to criminological
tendencies influenced by Durkheim’s social determinism, it did not reject biological
factors. Indeed, Lacassagne created an original synthesis of both tendencies, influenced
by positivism, phrenology and hygienism, which alleged a direct influence of the social
environment on the brain. Furthermore, Lacassagne criticized the lack of efficiency of
prison, insisted on social responsibilities toward crime and on political voluntarism as a
solution to crime, and thus advocated harsh penalties for those criminals thought to be
unredeemable (“recidivist”) , for example by supporting the 1895 law on penal colonies
or opposing the abolition of the death penalty in 1906.
Alexandre Lacassagne
HANS EYSENCK (1977), A British Psychologist, claimed that psychological factors such as
extraversion and neuroticism made a person more likely to commit criminal acts. He
also included a psychotism dimention that includes traits similar to the psychopathic
profile, developed by Hervey Cleckley, and later Robert Hare. Eysenck also based his
model on early parental socialization of the child. His approach bridges the gap between
biological explanations and environmental or social learning based approaches.
CHICAGO SCHOOL – the Chicago school arose in the early 20 th century, thru the work of
Robert Park, Earnest Burgess, and other urban sociologist at the university of Chicago. In
the 1920’s, Park and Burgess identified 5 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 1940’s, Henry McKay and Clifford Shaw focused on juvenile delinquents,
finding that they were concentrated in the zone of transition.