MODULE 1

LESSON 1

LEARNING
OBJECTIVES:
At the end of the lesson the students will be able to:
 Define criminology;
 Determine the difference between criminologist and criminalist; and
 Identify the multiple-factor theory of criminology to be considered as a complete science.

INTRODUCTION

The prevalence of crimes and criminals is universal and its existence is as old as the world
existed. And from its existence up to present times, studies on modern techniques in crime
prevention, correctional methods and advanced studies in crime etiology had been pursued by many
scholars and advocates of criminology. Yet, until today, nothing clear and concrete had been
formulated for its total remedy, - the reason why, much have been searched and re-searched to
discover effective methods in combating criminalities, identifying factors that lead to the cause of
crimes and identifying behavior of would-be offender.

Criminology is a science which deals with the study of crime, the study of forms of criminal
behavior, the causes of crime, the definition of criminality, and the societal reaction towards criminal
activity, it must be understood that the study of criminology is closer to the study of psychology than
criminal justice because it studies the mind and behaviors of criminals as opposed to their criminal
conduct.

CRIMINOLOGY defined.

Criminology is a body of knowledge regarding crime as a social phenomenon. It includes within

its scope, the making of laws, the breaking of laws, and the reactions towards the breaking of laws.

Based on the premise, criminology can also be defined as the scientific study of causes of
crime in relation to man and society who set and define rules and regulations for himself and others to
govern.

Criminology was derived from the LATIN WORD CRIMEN which means “accusation” and the
GREEK WORD AOYIA-LOGIA which means “the science approach to the study of crime as an
individual and social phenomenon.

Applicability of terms

CRIMINOLOGIST – is generally referred to as a person who practices his profession in criminology.

R.A. 6506 Section 22 – a criminologist is one who has a degree in criminology, passed the
examination for criminologist and registered as such by the board.

CRIMINALIST – is one who identifies, compares, analyzes and interprets physical evidence; an
expert in the use of scientific methods to investigate crimes, specially by collecting and analyzing
physical evidence, also known as forensic investigator.

PENOLOGIST – a person who studies the theory and practice of prison management; one who
studies and practices reformation and rehabilitation of criminals and of management of prisons.
1
VICTIMOLOGIST – a person who studies the relationship between offender and the victim.
Difference between CRIMINOLOGIST and CRIMINALIST
Table 1
CRIMINOLOGIST
As to definition Is often defined as
someone who studies the
etiology of crime, criminal
behavior, types of crime
and attempts to provide
explanations as to who
and why crimes are
committed
Purpose To master various
elements/things related to
the commission of crime;
to study and understand
the human behavior; helps
shape public policy by
advising policy makers on
the trends of criminality
Nature of job Primarily involved in
research and teaching,
supplies a great deal of
knowledge to the study of
policing, police
administration and policy,
juvenile justice and
delinquency, corrections,
correctional administration
and the application of the
science of victimology
Typical function Analyzes criminal behavior
and the method he/she
employs; develops profiles
of criminals and criminal
behavior using research
and studies that examines
psychological behavior,
social issues,
environmental factors and
biological factors; helps in
making crime statistics
into usable tools from law
enforcement agencies;
provides theoretical
2
CRIMINALIST
Identifies, examines,
compares, analyzes and
interprets physical
evidence
Performing and/or
manages forensic analysis
of physical evidences from
criminal cases
Objectively examines
physical evidence using
investigative skill and
practical experience; uses
scientific application of
important evidence from
trivial evidence; uses
scientific methods in
identifying, sorting and
comparing of evidence
that are useful to the trial
or investigation; interprets
evidence and the results
of various tests in order to
determine the truth,
supplies written report of
findings and offers expert
testimony in court
Interprets laboratory
findings and test results to
identify and classify
substances, material and
other evidences collected
at the crime scene,
examines tests and
analyzes using recording ,
measuring, and testing
equipment; testifies as an
expert in court; processes
and interprets crime
scene; transport physical
evidence to a forensic
 explanations from criminal laboratory for analysis.
and delinquent behavior.

Place of work Some conducts research Forensic laboratories in

while teaching; others may
be employed by public law
enforcement agencies or
private investigation,
security or detective
agencies.
police department,
medical examiner’s office,
colleges and universities,
attorney’s office and other
private companies.

Important skills,  Reading  Forensic science

knowledge, qualities comprehension  Public safety and
needed to the job  Problem security
identification  Chemistry
 Information  Critical thinking
gathering  Information
 Information ordering
organization

UNDERSTANDING THE CONCEPT OF THE STUDY OF CRIMINOLOGY

Crimes and criminals emanate within the society. A society is a structured community of
people, bound together by similar traditions, institutions or nationality. Its components are people,
jurisdictions and laws.
In a state, men established the society through SOCIAL CONTRACT whereby men were
privileged and righted by the state to live in certain jurisdiction provided than men shall surrender
some of their social liberties in return for the security and safety that the state provides for them
(POLICE POWER)
In a society, people has the freedom to choose a place to live (jurisdiction) – it is essentially
made up of culture, norms and traditions which greatly influence the development of rules, laws,
regulations and statutes.
Whenever an individual violates the social contract the state questions his/her violation and
provide sanctions for such violations – in the legal point of view, the question is focused on the
behavior of the individual , finding the causes why he is able to violate/break the law.
THE PROBLEM OF CRIMINOLOGICAL THEORY
Criminology as a study is complicated subject matter because it is not considered as a
complete science. Theories about crimes and criminals vary in many respects like circumstances,
age, gender, time, race, tools or weapons..
THE MULTIPLE-FACTOR-THEORY OF A CRIME
Crime and scientific studies of criminal behavior are impossible to conform to the universal
validity of science because the factors or elements that are said to cause crime are varied and
heterogeneous in nature.
A study to become scientific is, it must conform the universal validity of science which are:
stability and homogeneity of the elements being studied.
Therefore, criminology cannot be considered as a complete science because the study of
criminology is varied and heterogeneous and for it to be considered as a complete science it must
conform the universal validity of science which are stable and homogeneous.
We study crime as a social phenomenon. Crime as a social phenomenon is understood
as the “cause of crime has no specificity and has no definite solution”.
3
 Table 2
THE TWO SEPARATE BUT INTERDEPENDENT FIELDS OF CRIMINOLOGY

THEORETICAL CRIMINOLOGY APPLIED CRIMINOLOGY

It is the product of systematic studies for Define criminology as the study of the
the processes of making laws, the
breaking of laws. The objective of
criminology is the persistent progress in
the development of valid information
regarding this set of interactions.
In short, criminological theory attempts to This definition is broad enough to
explain why crime exists, how it takes
place, and what can be done about it.
Indispensable as the foundation for
meaningful practice.
causes, treatment and preventions of
crimes, including but not restricted to:
 Scientific crime detection,
investigation and identification;
 Crime prevention and public
safety and security;
 Law enforcement administration;
 Administration of criminal justice;
 Traffic administration;
 Probation;
 Juvenile delinquency control;
 Related aspects in penology.
encompass the whole of the theoretical
and practical aspects of the
administration of justice.
Applied criminology is used by a loose
confederation of practitioners in law
enforcement agencies, criminal courts
and etc.

FOUR PRINCIPAL DIVISIONS OF CRIMINOLOGY

1. Criminal Etiology – (the breaking of laws – the causes of crimes) – this division attempts to
analyze scientifically the causes of crimes. Once a law is violated, there is a question of “what
makes this person break the law?” Therefore, the answer to the question is focused not on the
law being violated but, on the factors that influence the behavior of the violator.
2. Sociology of Laws – (making laws) – this division in the study of criminology is an attempt in
the scientific analysis of the conditions from which criminal laws developed. How did law
originated? What factors influenced the creation of the law? How does it affect the behavior of
man?
3. Penology/Corrections – (reactions towards the breaking of laws) – this attempts to
scientifically analyze the correctional methods and processes as effective controls of crime.
4. Victimology – (victimization) – an attempt in understanding the nature, and causes of
victimization, and the programs for aiding and preventing victimization.

4
Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 1
I. Essay.

1. Why criminology cannot be considered as a complete science?

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
______________________________________________________

2. Reason why you choose criminology as a course?

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
________________________________________________________________________

5
 LESSON 2

LEARNING
OBJECTIVES:
At the end of the lesson the students will be able to:
 Determine the difference of criminology to criminalistics; and
 Identify the field of studies of the two subjects.

Criminology and Criminalistics

Criminology and criminalistics are often mixed up in the minds of 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 he leaves something in the crime scene. These things he used in his crime, or
that something he left at the crime scene which are the subjects of the criminalistics are known as
Physical Evidence. These physical evidence include but not limited to the following:

1. Blood and bloodstain;

2. Firearms and other deadly weapons;
3. Fingerprints and footprints; and
4. Tool marks and many more.

Consequently, a criminologist is any person who is a graduate with a Degree of Criminology,

who has passed the examination for Criminologists and is registered as such by the Board of
Examiners of the Professional Regulation Commission.

Following capacities of criminologists:

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 subjects:
a. Law enforcement;
b. Criminalistics;
c. Correctional administration;
d. Criminal sociology;
e. Other technical and specialized subjects in criminology curriculum provided by the DepEd,
culture and sports.

2. As a law enforcement administrator, executive, adviser, consultant or agent in any

Government or private agency
3. As a technician in dactyloscopy, ballistics, questioned documents, police photography, lie
detection (polygraphy), forensic chemistry and other scientific 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 project involving the causes of crime, juvenile delinquency, treatment of
offenders, police operations, law enforcement administration,scientific criminal investigation or
public welfare administration.

Divisions of Criminalistics

There are two divisions of criminalistics. The first three are scientific, and the other is
technological.
The scientific subjects require the study of science and mathematics before practical training in
the laboratory, while the technological subjects are usually learned directly by training in the
laboratory thru the supervision of an experienced examiner.

The following are division of Criminalistcs:

1. Scientific:
6
 a. Chemistry
The original name for chemistry is Forensic Chemistry, which shows the importance and
significant role of the chemist in the field of criminalistics. The chemist is importance criminalistics
laboratory personnel because his laboratory tests are always almost difficult ones, and the result of
his examination could be the determinant of all other criminalistics examinations. His works includes
but is not limited to alcoholic analysis, toxicology, narcotic and substance abuse testing, firearms
discharge residues, identification of paint chips, chemical development of latent fingerprints, and all
types of analysis through the use of chemical reagents and electronic instruments.
b. Physics
Physics in police laboratory work is often done by a chemist because most of the physical
crime related problems in criminalistics are relatively simple ones. But duties of a physicist is an crime
laboratory includes but is not limited to firearms identification, tool marks comparison, scientific
photography, traffic or vehicular accidents for the purpose of finding out the speed and direction of
vehicles, and the use of X-rays, to the detection of crime.
c. Biology
Biology is the study of living things – the science that deals with the origin, history, physical
characteristics, life processes, habits, etc., of plants and animals. The biologist in a police laboratory
examines all kinds of living things – blood, semen, urine, hairs and skin. He identifies seeds and
leaves of palnts. He is particularly skilled in the use of microscope. He could help the pathologist to
lame very thin slices of animal tissues to study disease and very and cause of injury. His most
important role in criminalistics is to study bloodstains in order to find out if they are of human or
animal origin, the biologist will proceed to find which blood group it belongs.

2. Technological:
a. Questioned document examiner
This technological division of criminalistics is concerned with the examination of forged,
altered, or suspect papers, in order to determine and see if they are genuine or not, that is the tenor
or substance on the face of the documents have been changed in any way, that it prejudices the
rights of others. The document examiners therefore develop latent or hidden writing, and reveal
erasures, alterations, intercalations and changes. They compare ink, pencil, typewriting and printed
material of all kinds, of the questioned and standard documents. They will try to restore burned
papers which is the subject of issue so that it can be identified and serve its purpose in the
examination, they also use ultraviolet, infer-red, transparent and sloping light, as well as cameras with
special filters.

b. Firearms identification
Firearms identification deals with the study, comparison and identification of weapons alleged
to have been used in the commission of the crime. It sometimes wrongly called “ballistics” such that it
is not proper word or name for the work done by a criminalistics examiner. When we say ballistics, it
means a branch of engineering that deals with the study of the art of throwing missiles by means of a
machine. It also deals with the study of the motion of such projectiles in flight. In effect, ballistics
engineers are concerned with the design of weapons and projectiles. Firearm examiners are
concerned with findings of whether a bullet or cartridge was fired from one and the same firearm
alleged to have been used in the commission of the crime. After his thorough examination. Firearms
examiners also try to find out how far away the suspect or accused was when he fired at the victim.

c. Fingerprint identification
Fingerprint identification is the cornerstone of personal identification. The system is based on
the undisputed fact that after so many studies and research, “no two persons have exactly the same
fingerprint patterns in their individual characteristics”. Hence, fingerprint is positive proof wherein law
enforcement agencies look upon this science as the best evidence of positive personal identification.

d. Photography
Photography is an indispensable instrumentation in the field of cirminalistics, hence you cannot
do anything in criminalistics without it. Photography cannot be separated from the criminalistics
disciplen because every criminalist should know how to photograph evidence. Special photography in
criminalistics include macrophotography, microphotography, infra-red, ultraviolet and special light
procedures. The responsibility of taking pictures of physical evidence of any kind always belongs to
the examiners with the assistance of a laboratory photographer or photographic technician.
7
 e. Lie detection or Polygraphy
Polygraphy or lie detection test is one of the scientific methods in crime detection, although
strictly speaking, it is not a part of criminalistics. The polygraph is always one of the scientific
instruments in the detection of crime by the criminal investigation department in all police
organizations. This is used to test or question individuals for the purpose of detecting deception or
verifying truth of statements through visual, permanent and simultaneous recording of a person’s
cardiovascular and respiratory pattern with a minimum instrumentation requirement.
---------------o0o--------------

8
Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 2
Essay.
1. Differentiate Criminologist from Criminalist.

Criminologist Criminalist

vs

9
 LESSON 3

LEARNING
OBJECTIVES:
At the end of the lesson the students will be able to:
 Determine the sociology of laws in the context of criminology; and
 Identify the sources and origins of criminal law.

THE SOCIOLOGY OF LAWS IN THE CONTEXT OF CRIMINOLOGY

Laws are devised to limit the “freewill” of men. Free will of men regulated by both the laws of
the state and the laws of God. On matters of how this law had developed and why it should be
established, is part of the study in criminology which can id in understanding what really are crimes
and who are criminals.
Law – is binding or enforceable rule: a rule of conduct or procedure recognized by a
community as binding or enforceable by authority or legal system: the body or system of rules
recognized by a community that are enforceable by established process (Microsoft® Encarta®
2009)
SOURCES OF CRIMINAL LAW.

1) Common Law – is the body of customs, precedents, and traditions that developed overtime
without formal legislation action.
a. Divine Law – is that system of rules which regulate the operation o the universe according to
the will and command of God.
b. Natural Law – that which is closely related to divine law; it is the sum total of ll rules of life
established by divine inspiration and observed equally by all nations. Ex. Law of nature or
preservation of life.
c. Moral Law – is the divinely prescribed rule regarding moral conduct. It is set of standards or
patterns of right or wrong developed in the public consciousness of every community. Ex.
Honesty: voting with consciousness, no cheating policy; respect for elders.
2) Statutory Law – includes those acts or omissions defined as crimes through the legislative
process.

DIVISIONS OF LAW

1) Law which is applicable to men or rational beings only.

a. Law enforced by the state
i. Positive law
ii. Civil law
iii. Divine law
b. Law not enforced by the state
i. Divine law
ii. Natural law
iii. Moral law
2) Law applicable to all matters including men insofar as they are part of the physical world
without regard to their will or intelligence.
Ex. Law on commerce, transportation law, property laws.

Origin of Criminal Law

Criminal law is regarded as an agency of social control. It controls behavior of man by giving
punishment to someone with undesirable behavior. Such system discourages would be offenders to
commit the same act or fear of punishment.

10
Four Principal Theories of the origin of criminal Law

1. Torts or wrongs to individuals (Consensus model) –

According to this theory, all wrongs produced efforts to self-redress in the injured parties and
were therefore treated as injurious to particular individual.
This theory explains that when one person is wronged by another, such as by mauling for
example, it is inherent in the victim to show self-redress by doing the same act or another upon the
wrong-doer. Later, self-redress was not only done by the victim but the victim was joined by some
groups (family, relatives, friends) in which the transaction was regarded as injurious to the group or
state.

By then law was established embodying a requirement that:

a. The avenger must secure the consent of the group before taking vengeance (filing a case);
b. The regulation of the amount of injury that could be done top the wrong-doer by the injured party
(payment of moral, exemplary, nominal and actual damages);
c. Public investigation on the merits of the case (court trial; and
d. Participation of some members of the group (usually witness, lawyers and the other party)

2. National process of unified society (Consensus Model)

This theory emphasizes the reaction of society when wrongs occur. Society takes action,
especially the government, and makes a regulation to prevent repetition of such wrongs.

3. Crystallization of the mores (Consensus model)

Customs and traditions are crystallized as an instrument traditions, it produce and antagonistic
reaction from the public which were expressed in the form of criminal law with penal sanction.
The term MORES are customs and habitual practices that a group accepts and follows.
4. Conflict of interests of the different groups (Conflict Model)

In this theory, the criminal law originates in the conflict of the groups and in the inconsistency
of the mores.
According to this theory, wrongful acts are characteristics of all classes in present day society
– the upper class are subtle in their wrongdoing (commission of illegal acts are not reported due to
political connection or police protection); the underprivileged classes are direct and are usually
reported and recorded in police files (because illegal act committed are more common and are
usually apparent to the public.

Law on Nepotism –favoritism shown to relatives: favoritism

shown by somebody in power to relatives and friends,
especially in appointing them to good positions
Microsoft® Encarta® 2009. © 1993-2008

In the view of a criminologist, the cause of the violation of the law is in question and has to be
dissected and understood to give meaning to the term criminal. In the point of view of the jurist, the
focus of the question is “why did you violate the law?” to prove there was really a violation and the
presence of the violator. This illustrates the common saying “no law, no crime theory”.

Nullum crimen, NullaPoena Sine Lege

 "no crime or punishment without a law." There can be no crime committed, and no punishment
meted out, without a violation of penal law as it existed at the time. This basic legal principle has
been incorporated into international criminal law.
11
Criminal Law – Its Nature and Place

What is criminal law?

According to the Revised Penal Code of the Philippines, Criminal Law defined as the branch
or division of law which defines crime, treat of their nature and provides for their punishment.

Principles of Criminal Law

Law in general is, any rule of action or any expression of uniformity. Law is applied to every
violator regardless of status, circumstances, age and social standing. Law is not discriminatory.

1. Criminal law defines crime – it gives meaning to actions violative of the law. It defines
acts/behavior that would constitute an act of crime.
Example:
The act of killing a person is defined in the criminal law as Homicide (generic). Circumstances of
how the killing was done is defined by law as either, murder, homicide, parricide or generic.
2. Criminal law treats of their nature – the yardstick or criterion of crime emphasizes on acts which
are injurious to the public.
3. Criminal law provides punishment for a crime–for every violation of a criminal law there is
always corresponding punishment, equitable to the degree of offense committed.
Example:
Heinous crimes, such as murder, rape, or massacre carry a penalty of death under the
Revised Penal Code of the Philippines.

12
Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 3

Essay.

1. When a crime is committed, how does the State react to it? What do you think are the steps
should undertake by the State?

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
_______________________

2. Explain briefly “No Law – No Crime”

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
______________

13
 LESSON 4

LEARNING
OBJECTIVES:
At the end of the lesson the students will be able to:
 Exhibit critical thinking and ability to discuss concepts of criminal behavior;
 Differentiate criminal behavior from non-criminal behavior; and
 Conceptualize the nature and extent of crime.

The Psychology of Crimes

The term crime can be defined in several ways – common, legal or social. In legal definition
crime is more elaborate because of the various elements and circumstances that shall be ascertained
before violation of the law is considered as a crime. To social definition of crime on the other hand is
rather simplistic because, what the public views as wrong or against their fundamental interest is
normally considered as a crime. The common definition of crime is more or less similar to the legal
definition but without the criteria of conviction.

What is crime?

Legal definition of crime

 Any act or omission in violation of a law
 Any act or omission punishable by law
 Any act or omission that endangers the public, is prohibited by law, and is prosecuted and
punished by the state
 An intentional act or omission, in violation of the law, committed without defense or
justification, and sanction by law as felony or misdemeanor.

Terms used in the definition of a crime

Act – an act is positive (meaning the result of the act is apparent; there was an action done) – which
shall mean, a wrongdoer will be guilty of an act when he does something he is not supposed to do.
Example:
The act of killing a person is prohibited by law.

Omission – an omission is negative, which means the result is not readily observable. A wrongdoer
will be guilty of an omission when the doer leaves undone that which he ought to do.
Example:
Filing of income tax return, payment of residential and property taxes, exercise of the right of
suffrage.

Felony – is a transgression of the criminal law.

 A serious crime, usually punishable by death or imprisonment of more than a year.
Felon – refers to one who commits felony

Misdemeanor – is a violation/infraction/offense upon ordinances (municipal or city) which are not

covered under criminal laws. Usually punishable by incarceration for up to one year.

Misdemeanant – refers to one who violated/infracted or offended a city or municipal ordinance.

Criminal – refers to a person who had been investigated, arrested and convicted for violating the
criminal law.

Criminal behavior

14
 Criminal behavior – refers to a behavior which is criminal in nature. Accordingly, the moment a
person violate the law, he has already acquired criminal behavior.

The Differentiae of Criminal Behavior From Non-Criminal Behavior

Ideally a behavior would be termed as a crime unless all the Seven Elements are present.
Absence of one in any of the seven will not constitute the behavior as a crime.

1. There must be “external consequences”

Example:
A robber planned to rob a bank (presence of intentionality). While already on the bank, he
changed his mind not to pursue anymore his plan (the act or deed was not performed). Will be the
robber guilty of any act?
In this instance, even if one decides to commit a crime but changes his mind before he does
anything about it, he has committed no crime. The intention is not taken or cannot be substituted
by deed. The intention must have resulted to an act or behavior that produce consequence or
harm.

2. The harm must be legally forbidden

Example:
A man manifested the most injurious, unpleasant and unfavorable act, but his act or behavior
is not defined and prescribed in the penal laws, therefore, his behavior is not considered as crime
because his behavior is not legally forbidden.

3. There must be conduct

There must be an intentional or reckless action or inaction which bring about the
harmful consequence.
Example:
He who is physically forced to pull trigger of a gun does not commit murder, even
someone dies from a bullet.
Conduct and control was not present on the part of the one who was forced to pull the
trigger.

4. Criminal intent or “mens rea” must be present.

Mens rea is defined literally as guilty mind, or a state of mind that makes performance of
a particular act, a crime; or a crime of particular degree; the element of the fault that makes an
otherwise innocent act or omission punishable.
Example:
A careful driver who hits a child, who darts out from between parked cars is not guilty of
a crime, whereas a driver who had time to avoid the child but carelessly failed to do so may be
guilty of homicide.

Question:
Shall a homeowner be criminally liable when a passerby was hit on the head by a flower
pot on the window box of which accidentally moved by a stray cat which resulted to severe and
profuse bleeding of the victim’s head?

5. Fusion or concurrence of Mens Rea and conduct

Example:
A policeman goes into a house to make an arrest and then commits a crime while still in the
house after making an arrest. The policeman’s entrance to the house does not concur with his
intent to commit a crime.

6. Causal relations between the legally forbidden harm and the voluntary misconduct.
For every act committed, it must be proven that there is a causal relationship between
the legally forbidden harm and the voluntary misconduct, otherwise we cannot consider an act
as a crime.
Example:
The conduct of on who fails to file an income tax return is his failure to take a pen and
ink, fill out the form, etc. the harm is the absence of return in a collector’s office.

15
 But if one man shots another (voluntary misconduct) and the victim suffocated while in
the hospital recovering from a gunshot wound, the relationship between conduct and harm
(death) is not clear cut.

7. Legally prescribed punishment.

Not only must the harm be prescribed by law, but as indicated, the prescription must
carry threat of punishment to violators. The voluntary conduct must be punishable.

Anatomy of crime
1. Intent – refers to a state of mind, deliberately functioning to reach a goal – that is, to perpetrate
the crime.
Example:
Intent to rob a bank, intent to kill a person (murder)

Intent or intentionality in perpetrating a crime by a person is often synchronized or

harmonized with the motivation. Motivation shall mean the reason, ground or cause why a person
perpetrates a crime, thus creating in his/her mind the intent to perform it. Desire is a wishful
thinking differentiated from intent because intent is willingness to do. Motivation is also
differentiated from desire because motivation is giving a reason to do the act. Crime is more
identified with intent rather than motivation or desire. His/her motivation could be: Economic gain,
Jealousy, Revenge, and Political gain.

2. Instrumentality – is the means or implement used in the commission of the crime. It could be a:
Bolo, knife, ice pick, poison, motor vehicle or gun.

Intent and instrumentality are harbored and wielded by the perpetrator. The opportunity
consists of the acts or omission and/or commission by a person (the victim) which enables
another person or group of persons to perpetrate the crime.

Example:
Leaving one’s car unattended for along time.
Wearing expensive jewelries in a slum area.

3. Opportunity is synonymous with carelessness, acts of indiscretion and lack of crime-

prevention-consciousness on the part of the victim.

The nature and extent of crime

In criminal law, crimes are classified as: crimes against persons, crimes against properties,
crimes against personal liberty and security, crimes against chastity, crimes against the civil status of
persons, crimes against honor, crimes against public order, and crimes against the fundamental laws
of the state.

Classification of Crime
 Atrocity or gravity – crime are committed at different degrees of seriousness. It can be
observed on the harm or damaged that resulted from a criminal act.
 Motives of the offender – the reasons of the offender for doing something or behaving in a
specific way is his/her motive in committing the act and it can be categorized into:

o Economic gain – kidnap for ransom, counterfeiting, smuggling, corruption.

o Sexual motive – a direction towards sexual gratification, or monetary gain in exchange
of sexual gratification on the part of the client.
o Political motive – graft and corruption, tyranny, rebellion, sedition

 Statistical purposes -
 Theoretical purposes –

o Professional crimes – differentiated from other crimes by the regularity of behavior,

development of skills and techniques, association among offenders, consequent

16
 development of a group culture, usually, crimes committed by organized or syndicated
criminals. (drug trafficking and racketeering)
o Habitual crimes – offenses that are either habits in the literal sense of word, which have
been made illegal or these are crimes in the common acceptance of the term,
repeatedly but not skillfully performed. (disorderly drunkards, drug addicts, vagrants,
petty thieves, prostitutes.
o Recidivism – it refers to the act of committing the same type of crime for a certain period
of time.
 A person was arrested, convicted and have served imprisonment for a crime of
robbery. After being freed from imprisonment for not more than two years, he
again committed robbery. This person is considered recidivist.
o Occasional – commits crime perhaps only once, perhaps separated by long intervals of
time. The offender commits a crime only when occasion paves opportunity.

---------------o0o--------------

17
Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 4

Opportunities

CRIME
Instrumentality Intentionality

1. Explain the figure above. How does the anatomy of crime operate?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
_____________________________________________________________________

2. When a person can be labeled as criminal?

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
_____________________________________________________________________

LESSON 5
18

LEARNING
OBJECTIVES:
At the end of the lesson the students will be able to:
 Gain sufficient knowledge and background on the concepts and theories of crime causation;
 Identify proponents/contributors of various proponents in crime causation; and
 Discuss and interpolate present theories in crime causation.

Etiology of Crime and Criminal

Act of crime and disorganized social behavior of men are considered as social phenomenon.

Question: Why do some people able to abide laws while others can’t?

There can be many and varied answers to that question but there will be no ideal one. As we
all know, crime has no specific cause and has no specific solution to it.

Crimes and criminals are integral in our society. In fact, one of the earliest recorded murder
was said to be committed by Cain upon his brother Abel. Such behavior of man derived from the
exercise of freewill which GOD endowed to mankind.

Freewill of a man means that has freedom of choice which regard to his behavior/actions. He
has an option to either do good or bad depending on what side of the coin shall grant him pleasure.
Man always seeks pleasure, so that, even if the result of his act is bad, but by doing it he thinks it can
offer him pleasure; he is tempted to do it.

Question: Is freewill the root of all crime? Is the failure of the law implementation that could
contribute to the cause of crime?

School of thought of criminology

School of Proponent/ Concerned Study/ Theory Penology/Corrections
Thought Advocate in Crime Etiology
Classical CesareBec Man as a free moral agent Punishment should be
School arria, administered to all violators,
Jeremy Theory was founded on the regardless of age, sanity,
Bentham, Principle of Utilitariansm, position or circumstances.
Voltaire, Hedonism, and social Punishment should be severe
Jean contract. enough to deter other would-
Jacques be offenders
Rousseau
Neo- Followers Man as a free moral agent. Introduced exemptions in
Classical of punishment.
School CesareBec
arria
Italian Cesare Theorized that criminals Treatment of offenders
School Lombroso, differ from non-criminals
And Enrico with reference to certain
Ferri, physical traits which
Goring, Lombroso called “Stigmata
RaffaeleGa of Degeneracy”
rofalo,

-----------------------------------
Positivist It presumes that criminal Emphasized that criminals
School Charles behavior is caused by need not be punished but
Darwin, internal and external factors cured.
Ernest outside of the individual’s
Hooton, control.
19
 William
Sheldon,
Gluecks
Cartograp Quetelet Emphasized distribution of Penalty should be equated
hic or and Querry crimes on certain areas, with the degree of offense
Geographi both geographical and committed
cal School social
Socialist Marx and Economic Determinism Penalty should be equated
School Engels with the degree of offense
committed
Psychiatric Sigmund Emphasized emotional Treatment and rehabilitation
School Freud, disturbance acquired
Alexander through social interactions
and Staub, (Personality Complex)
Sclapp and
Smith, Ellis
and Smith
Socio- Skinner, Theory emphasizes the Penalty should be equated
Social- Edwin importance of Imitation. with the degree of offense
Psycho Sutherland, committed
School Torde,
Emile
Durkheim

The Classical School of Thought

This study is concerned on man as a free moral agent. This theory was funded on the principle
of utilitarianism, hedonism and social contract.

The prominent members of this school is Cesare Becarria and Jeremy Bentham who shared
the idea that criminal behavior could be understood and controlled as an outcome of a human
nature. Human beings were believed to be hedonistic, acting in terms of self-interest, but rational and
capable of considering which course of action would benefit him.

In this school of thought, punishment should be administered to all violators, regardless of age,
sanity, position, or circumstances. The punishment should be severe enough to deter would-be
offenders.

Cesare Beccaria accepted the concept of utilitarianism where as the “basis of all social
action is the greatest happiness for the greatest number”as presented by Jeremy Bentham.
Bentham said that to measure the goodness or badness of an act, he introduced a velocity calculus
whereby punishment would be meted out in proper proportion to effect the greatest happiness for the
greatest number. The Utilitarian assumed that man’s freewill in directing his behavior toward seeking
of pleasure and the avoidance of pain, and the moral responsibility of the offended party was taken
for granted and influenced by this utilitarian hedonism.

Terms defined

Hedonism –refers to pleasure seeking. It is the choice to do things that give the greatest amount of
pleasure while avoiding things that are painful.

Hedonistic Psychology – explains that man governs his behavior by considerations of pleasure and
pains, the pleasure anticipated from a particular act may be balanced against pains and pleasure
anticipated from the same act, or algebraic sum of pleasures and pains from another act.

Social contract–is the contract between the state and its men by which men will surrender some of
their social liberties in return for their security that the government will provide to them.

CLASSICAL THEORY
20
 Advocates of Classical School postulated that crime is caused by man’s freewill. The theory
was founded on the principle of utilitarianism, hedonism and social contract.

Voltaire and Rousseau advocated freewill, hedonistic decision making and the failure of the
social contract in producing criminal behavior.

These explanations are at the core of the classical theory of criminology. According to
classical theory, people choose to behave wrongly when they believe the benefits overweigh the
costs.

Rousseau stated that “man was basically good and was guided by his power to reason but he has
instinct that could be destructive.

Voltaire – assumed that the good example set by a just ruler would be imitated by those below him.

Other Proponents of Classical Theory

St. Thomas Aquinas –man by nature seeks to perform good acts. Crime takes place when man’s
power to reason failed

St. Augustine – man is basically corrupt and surrenders to devil, the result is crime.

Plato – law could reduce crime-causing conditions in the society.

Aristotle – the ability of the law to improve social conditions, the distribution of rights, and the
requisites for the strict obedience of the state.

Thomas Hobbes – man has the ability to reason. Man has also the desire for power – he constantly
craves for prestige and position.

Disadvantages Of The Philosophies Of The Classical School

 Unfair
 Unjust
 Not individualized’
 Magna Carta of the professional criminal
 Idealistic but not realistic
 It considered only the injury caused not the state of mind and the nature of the criminal.

The Neo-Classical School

The Neo-Classical School gained prominence during the French Revolution and the period
immediately following it. It continued the beliefs of Classical School in terms of crime causation theory
and punishment but, the theories of this school of thought concentrated on the area of punishment.

The Neo-Classical Theory

This theory maintained that while classical doctrine was correct in general, it should be
modified in certain details. Neo-classical School placed emphasis on children and lunatics as
exempts from criminal liability.

Since children and lunatics cannot calculate pleasure and pains, they should not be regarded
as criminals or be punished. This principle was some extent extended to others, also by the system of
taking in to account certain “mitigating circumstances”. The reaction to crime therefore, was no longer
purely punitive. Punishment was imposed to some law breakers but not on others by recognition of
the exception. Individual responsibility was taken into account, considering the psychology and
sociology of crimes.

The Italian and Positivist School

21
The Italian School

The Italian school of criminology was founded at the end of the 19 th century by Cesare
Lombroso and two of his Italian followers, Enrico Ferri and Raffaele Garofalo.

Lombroso argued that criminals were born with inferior physiological differences that were
detectable. He popularized the notion of “born criminal” and thought criminality was an atavism. His
central idea was finding crime completely within individual and discarding social conditions and
structures that surrounds the individual.

Enrico Ferri and RaffaeleGarofalo generally believed in Lombroso’s theory but refuted later
and formulated a sociological definition of crime which was known as the positivist theory.

Enrico Ferri investigated social and economic factors as opposed to Lombroso’s atavistic
theory and postulated on crime prevention methods rather than punishment.

RaffaeleGarofalo rejected the doctrine of free will and attempted to formulate a sociological
definition of crime that would designate those acts which can be repressed by punishment.

Italian Theory

Cesare Lombroso known as the Father of Criminology and teacher of the Italian School
theorized that “criminals differ from non-criminals” with reference to certain traits STIGMATA OF
DEGENERACY. He found these physical deviations in the parts of the anatomy but placed particular
emphasis on deviations in the shape of the cranium.

Lombroso advanced the notion of atavism, which stated that criminals represented a savage,
earlier from humankind. Their principal evidence that criminality was atavistic was the resemblance of
the criminal subjects to the savages, but the characteristics of the same, but the characteristics of the
same were assumed not determined by reliable methods. The result was that Lombroso had no
significant proof or explanation of the inheritance of criminality.

Lombroso’s theory of propositions are the following:

1. Criminal’s are by birth a distinct type (a.k.a. born criminals or atavism)

2. This type can be recognized by physical stigmata or physical anomalies such as:
a. Asymmetrical cranium
b. Long jaw
c. Flattened nose
d. Scanty beard
e. Low sensitivity to pain
f. Long earlobes
g. Bulging eyes
h. Thick eyebrows
i. Curly hair
3. Five or more physical stigmata is assumed to be a born criminal; less than five shows no
indication of being born criminal.
4. Physical anomalies do not cause crime, rather they identify the personality which are
predisposed to criminal behavior.

Lombroso categorized criminals into:

1. Born criminals or Atavism – (born distinct due to physical stigmata or anomalies)

2. Criminoloids – not born with physical stigmata but who are of such mental make-up that they
display anti-social conduct. They may be categorized as:
a. Habitual criminals
b. Criminal by passion.

22
 3. Insane criminals – this category of criminals according to Lombroso, possess mental
disorders. Insane criminals becomes criminal as a result of disorder in the brain which
completely upsets his/her moral nature. Examples are alcoholics, kleptomaniacs,
nymphomaniacs, child molesters.

The positivist school

The positivist school has its origins in Italy. Cesare Lombroso is regarded as its founder, with
his theory of the born criminal, and the social implications of his ideas were considered by his
student, Enrico Ferri, who popularized his thought in the United States. American representatives of
the positivist approach to understanding criminality include William Sheldon, who attempted to
establish a correlation between one’s body type and one’s behavior.

Positivist Theory

Positivist school presumes that criminal behavior is caused by internal and external factors
outside of the individual’s control. Positivist school holds that man is occasionally subdued by a
strange and morbid phenomenon which constrains him to do wrong in spite of contrary to his own
volition. (mental make-up of man)

Goring made a study between thousands of prisoners in comparison with the general
population and reached to the conclusion that prisoners differed anatomically from the population only
in:
1. Being slightly shorter in stature;
2. Slightly lighter in weight.

Ernest Hooton, attempted to revive the Lombrosian theory. He made elaborate

measurements of thousands of prisoners and of a few non-prisoners and concluded that “the primary
cause of crime is biological inferiority”.

William Sheldon associated certain body types of a person with personality dispositions, such
as endomorphs, mesomorphs and ectomorphs.

Gluecks adopted the theory of Sheldon, however, he stressed that physical appearance may
simply affect behavior. According to him, “many factors that may cause delinquency and body built is
one of them”.

Other proponents:

John Lavater – made studies on the criminal’s peculiar appearance such as dishonest smile,
sneaky eyes, curious eyebrows. This approach is known as Physiognomy (a determination of
personality characteristics through facial features)

John Spurtsheim, France Gall, Charles Caldwell – they developed a study of phrenology (a
theory that explains skull shape indicates mental characteristics.) Phrenology suggests that bumps or
indentions of the skull reveal emotional and behavioral traits.

Charles Darwin – his theory of evolution concluded that man developed from lower forms of
life until reached the highest stage of development.

Under Italian and Positivist Theory, offenders are considered as sick individuals, therefore,
they should not be punished but rather, they should be given treatment. It viewed crime as a social
phenomenon and attaches more importance to the criminal or the actor, therefore, mitigating,
exempting and justifying circumstances are considered in the treatment of offenders.

Approaches to Penology by School of Thoughts

Schools of Thought Theory of Punishment Approaches to
23
 penology (RPC)
Classical School Severe punishment Aggravating
Neo-Classical School Exempts children and Exempting
lunatics
Italian and Positivist Treatments of offenders Probation law, PD 603,
executive clemencies

Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 5

Essay.
1. What is the theory of Cesare Lombroso about criminality according to the classical school of
thought?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
24
 _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
___________________________________________________________________________

LESSON 6

LEARNING
OBJECTIVES:
At the end of the lesson the students are able to:
 Gain sufficient knowledge and background on the concepts and theories of crime causation;
 Identify proponents/contributors of various proponents in crime causation; and
 Discuss and interpolate present theories in crime causation.

The psychiatric school

Psychiatric school theorizes that “certain organization of personality, developed entirely apart
from criminal culture will result in criminal behavior regardless of social conditions.”

This school emphasizes social disturbance and other minor psychopathy acquired through
social interaction (Personality Complex) as the main cause of criminal behavior.

Personality complex is similar to biological theory in which the central thesis is that “crime is
caused by a lack of balance between the intellectual and emotional capacities of the individual.”
Examples of offender with some emotional disturbance:
25
  Holding hostages
 Assassins
 Jealousy
 Feeling of grandeur

Proponents:

Sigmund Freud pioneer of psychoanalysis stated that personality is made up of three core
elements:

1. ID - unconscious part of the personality which serves as the reservoir of the primitive and
biological drives and urges; part of personality which we are born; and animalistic itself.
2. Ego - the mediator between the Id and the superego; developing awareness of self or the way
it interacts with the outside world, partly conscious and partly unconscious. (the part of the mind that
senses and adapts to the real world)
3. Superego - a part of a person’s mind that relates to attitudes about what is right or wrong and
to feelings of guilt. (the socialized component of the personality.).

Lack of balance in exercising these core elements thus, resulting to a certain type of personality
that is prone to delinquency and crime.

Alexander and Staub – believed that family is crucial to a healthy personality structure.

Schlapp and Smith – forwarded the idea that imbalance of endocrine glands produces
emotional instability that could cause crime.

Ellis and Smith – noted that female offenders display aggressive behavior during immediate
pre-menstrual and menstrual periods.

Some types of personality:

1. Sexual deviants – homosexuality, bestiality, sadism, masochism
2. Egoistic
3. Psychopathic personality
4. Neurotic personality

The Cartographic/Geographical School

The great proponents of the cartographic/geographical school were Qutelet and Querry. This
school was considered the first scientific school which has been called the”ecological” school.
Quetelet used the “social mechanics of crime”, while Querry believed that climate influences crime.

Cartographic/Geographical

The leaders of this school were concerned primarily with the distribution of crimes in certain
areas, both the geographical and social. They were interested in crime as a necessary expression of
the social conditions. It follows therefore that a particular place or area shall be known for a particular
type of crime depending on the location or geography of the place and its social condition.

Example:
Philippines is an archipelagic country, usually crimes of illegal trafficking is committed because
there has many ports that can be used to traffic person or illegal drugs without detecting their illegal
acts.

The socialist school

This school was known to be second scientific school of criminology. It emphasizes Economic
Determinism. This school as concerned with crime only as a by-product, but it conducted many
factual studies, principally by the use of statistical methods, and provided much material regarding the
variations in crime rates in association with variations in economic conditions.
26
The Socialist Theory

The socialist theory was based on the writing of Marx and Engels – Economic Determinism.

Relatedness of crime and economy is apparent. It had been observed by some economists
and law enforcers that when the economy is good, crime rate decreases, and when the economy is
bad crime rates increases emphasizes Economic Determinism. This school as concerned with crime
only as a by-product, but it conducted many factual studies, principally by the use of statistical
methods, and provided much material regarding the variations in crime rates in association with
variations in economic conditions.

The Socio-social-psycho school+

Of the schools of criminology, the Socio-social-psycho school is one of the most varied and diverse.
Analysis of the causes of crime in the sociological manner actually began with the Cartographic and
Socialist Schools.

Edwin Sutherland, Torde, Emile Durkheim, postulated that societal factors such as poverty,
membership of subcultures, or low levels of education can pre-dispose people to crime. Scholars of
this school examined the social and cultural forces that contribute to criminal behavior.

Socio-social-psycho theory

The Socio-social-psycho school emphasized the theory of imitation in crime causation.

Two principal forms are discerned:

1. Related variations in crime rates due to variations in larger institutional system, or social
conditions such as:

a. Culture
b. Political
c. Religion
d. Population density
e. Distribution of wealth, income and employment.

2. Sociologist attempted to define the process by which a person becomes a criminal:

a. Imitation
b. Attitude
c. Value
d. Frustration
e. Aggression
f. Differential association

Proponents:

Torde, his basic notion is that “one behaves according to the customs of his society.” If man
steals or murders, he is merely imitating someone else.

Edwin Sutherland, known as the dean of criminology and a proponent of Differential

Associations assumed that society contains variety of values and behavior. According to him,
associations with those guided by anti-social values were likely to lead individuals to learn criminal
behavior. He holds that “criminal behavior is learned through interactions with people.”

Emile Durkheim. According to him, complicated, industrialized societies promote isolation of

the individual with advanced development of jobs, becomes specialized in their activities and are
expected to survive on an individual rather than group basis. (Anomie Syndrome)

27
Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 6

Essay.

1. What are your opinions about the Socio-social-psycho school based on your experiences if
applicable? If not, based on the crimes you have heard or encountered?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______

28
 LESSON 7

LEARNING
OBJECTIVES:
At the end of the lesson the students must be able to:
 Discuss and interpolate present theories in crime causation; and
 Recognize and appreciate the contributions of the proponents of the present theories of crime.

Present theories of crimes

Present Theories Influencing Factors

Biological and Physiological Defects Heredity
Personality Similar to biological
Psychological Influence of personal observations
and experiences
Primary social groups Influencing of family and bad
neighborhood
Broader social processes theory Influence of social institutions
processes/systems

A. Biological / Physiological Theories

Biological theories of crime asserted a linkage between certain biological conditions and an

increased tendency to engage in criminal behavior. In the 1890s great interest, as well as
controversy, was generated by the biological theory of the Italian criminologist Cesare Lombroso,
whose investigations of the skulls and facial features of criminals led him to the hypothesis that
serious or persistent criminality was associated with atavism, or the reversion to a primitive stage of
human development. In the mid-20th century, William Sheldon won considerable support for his
theory that criminal behavior was more common among muscular, athletic persons (mesomorphs)
than among tall, thin persons (ectomorphs) or soft, rounded individuals (endomorphs). During the
1960s, significant debate arose over the possible association between criminal tendencies
and chromosomal abnormalities—in particular, the idea that males with the XYY-
trisomy (characterized by the presence of an extra Y chromosome) may be more prone to criminal
behavior than the general population.

Heredity, also called inheritance or biological inheritance, is the passing on of traits from

parents to their offspring; either through asexual reproduction or sexual reproduction, the
offspring cells or organisms acquire the genetic information of their parents. Through heredity,
variations between individuals can accumulate and cause species to evolve by natural selection. The
study of heredity in biology is genetics.

Proponents:

Goddard – held that low intelligence compared to improper environment could create criminals.
Intelligence is inherited and unchangeable.

Richard Dugdale – concluded that inferior intelligence is inherited and crime were linked by
breeding degenerate people.

Eysenck (1952, 1967, 1982) proposed a theory of personality based on biological factors, arguing
that individuals inherit a type of nervous system that affects their ability to learn and adapt to the
environment.
William Sheldon – associated certain body types of person with personality dispositions such as
endomorphs, mesomorphs and ectomorphs.

29
Charles Goring – postulated that heredity plays a significant part in crime causation. He found out
that criminals are inferior due to inherited traits – smaller body stature and inferior mental ability.

Hooton –theorized that criminality is not due to physical inferiority but rather due to biological
inferiority.

Sheldon's "somatotypes" and their associated physical and psychological traits were
characterized as follows:

Comparison of body types

 Ectomorphic: characterized as skinny, weak, and usually tall; described as intelligent, gentle and
calm, but self-conscious, introverted and anxious.
 Mesomorphic: characterized as hard, muscular, thick-skinned, and as having good posture;
described as competitive, extroverted, and tough.
 Endomorphic: characterized as fat, usually short, and having difficulty losing weight; described
as outgoing, friendly, happy and laid-back, but also lazy and selfish

Ernst Kretschmer, German psychiatrist who attempted to correlate body build and physical

constitution with personality characteristics and mental illness.

Kretschmer posited three chief constitutional groups:

1. asthenic type -tall, thin, were more prone to schizophrenia

2. athletic type - more muscular, more likely to develop manic-depressive disorders
3. pyknic type - the round, more prone to bipolar disorders.

A lot of efforts were exerted in order to reach conclusions on the question of whether
criminality is hereditary or not. Five methods have been use:

a. Comparison of criminals with the savage;

b. Family trees: Mendellian ratios in family tress;
c. Statistical associations between crimes of parents and of offspring;
d. Comparison of identical and fraternal twins.

Family trees have been used extensively by some scholars in the effort to prove that criminality
is inherited. The most famous example was the study of the Dukes Family and Dugdale and
Estrabrook, who reported that of the 1,200 family members, 140 were criminals: 7 were convicted of
murder, 60 thefts, and 50 of prostitution. Dugdale’s method were so questionable and his conclusions
were denounced.

In the early part of 19th century, the descendants of Jonathan Edwards, a famous preacher
during the colonial period, were often compared to Duke’s family. None of Edward’s descendants
30
were said to be criminals, while many were presidents of the United States, governors of states,
members of the Supreme Court and other higher courts, famous writers, preachers and teachers.
These specific difficulty about this comparison was that some of Jonathan Edward’s ancestors did
have criminal records. His maternal grandmother was divorced on the ground of adultery, his grand
aunt murdered her son, hid granduncle murdered her own sister. If criminality is inherited, Jonathan
Edwards and many of his descendants should have been criminal.

Significantly, one’s personal behavior is greatly affected by the kind of training one gets from
the home and school, the type of neighborhood, the culture and the values observed from church,
play yard or even the climate.

“Heredity lays down the essential foundations; while, environment can alter
these foundations for better or worse.”

B. PERSONALITY AND CRIME

The approach of discussing crime from the point of view of Personality is similar to the
biological theory. The central thesis of this theory is that “crime is caused by a lack of balance
between the intellectual and emotional capacities of the individual.” In accordance with this theory,
one psycho-analyst maintains the feeblemindedness causes crime for the reason that feeble-minded
individual in unable to appreciate the meaning of law or foresee the consequences of his act.

Some types of personality:

 Sexual deviants

o Homosexuals
o Bestial
o Sadists
o Masochists
o Tranvesties
o Necrophiles
o Pedophiles

 Egoists
 Psychopathic personality
 Neuropathic personality
 Psychotic personality

C. PSYCHOLOGICAL THEORY
The main idea of the psychological theory is that potential criminal behavior is the result of
unstable psychological trait of a person. These personality characteristics are the ones that push
people towards committing crimes and demonstrating deviant behavior.
According to the psychological theory, the disposition to crime is the result of inadequate
socialization. They consider the social factor to be one of the most important ones in terms of
inclination to deviance.

Hans Eysenck Three Major Traits of Personality

1. Extraversion – is a dimension of human personality which is classified into three:

a. Extroversion
b. Introversion
c. Ambiversion

31
 2. Neuroticism – is a dimension which ranges from normal, fairly calm and collected people to
one that tend to be quite nervous. Eysenck research showed that these nervous people tend to
suffer more frequently from a variety of nervous disorders we call neuroses.

3. Psychoticism – the kinds of qualities found in highly psychotic people that include certain
recklessness, a disregard for common sense or conventions and a degree of inappropriate
emotional expression.

Classification of Extraversion

 Extroversion –they are referred to as a persons who are gregarious, assertive and interested in
seeking out excitement.

 Introversion –they tend to be more reserved, less outgoing and less sociable. Introverts are
less likely to seek stimulation from others because their own thoughts and imagination are
stimulating enough.

 Ambiversion–these are people who fall more or less directly in the middle of introversion and
extroversion and exhibits tendencies to both groups.

d. THE PRIMARY SOCIAL GROUP THEORY

The family and neighborhood are known as the primary social group of society. Membership
in civic organizations, school organizations, church and political organizations are basically coming
from the members of the family. The home and the family therefore, have the greatest influence on
the child – socially, spiritually and psychologically. The family is a potent agency of control for a
developing child. It is the first agency to affect the direction which a particular child will take since the
family has almost exclusive contact with the child during the period of dependency and continued
intimate contact over a subsequent period of several years. It plays an exceptionally important role in
determining the behavior patterns which the child will exhibit. The child later, may neither become a
delinquent or a law-abiding one.

A family should be concerned with the psychological, sociological and environment growth of a
child. Failure for the family to provide these attributes is a sure formula to delinquency.

The neighborhood is an essential component of family. It had been previously mentioned that
the first contact of a child is the family where the child learns all the basic in life. And, the next contact
of a child is neighborhood where he seeks playmates. This is where a child develops relationships
outside of the family and learns to associate himself/herself with outsiders.

Psychological Development
Family is a backdrop by which the child learns to deal with his emotions and drives and handle
his/her problems in a socially acceptable manner.

The following are the significant psychological developmental aspects of the family:

1. Emotional development – show love and affection by parents to children constitute emotional
stability: proper training, understanding, proper discipline.

2. Spiritual development – religious training and affiliation, going to church, praying together
and observance of Sabbath and other religious development of honest conscience. At an early
stage of the child’s life, the family should be able to inculcate among children the love of God
as the basic foundation of respect and obedience. Children who had been spiritually developed
have a fear to commit any wrong doing and shall exhibit respect and obedience to law and
authority.
32
 3. Moral – parents must be models of good character and unquestionable integrity to their
children so that the child will be able to recognize acts which are moral and immoral.

4. Intellectual – children should be provided with good quality education for the development of
pure conscience and proper judgment.

5. Physical –healthful nourishment and health care should be given to children for their normal
physical development.

Sociological Development

Sociological development refers to the general environs of the child. It emphasizes the
institutions in the community such as the following, which directly influence the external social control
process.

 Church
 School/educational institutions
 Law enforcement agencies
 Government
 Mass media
 Family
 Economics

Parents should inculcate to children the importance of the existence of the social institutions
and the respect for its processes. It is necessary that the child should be able to gain appreciations of
law and authority.

Environmental Growth

 Respect for nature

 Respect to animals
 Respect of neighbor
 Respect for property

e. Broader Social Processes theory

Studies have been made to determine the effects of basic social institutions and its processes
on criminal behavior. Broader social process theory maintains that crimes are due to some defects in
social processes of social institutions that influence human behavior such as:

 Loopholes in the penal institutions

 Inefficiency and dishonesty of police and courts
 Adverse economic and cultural conditions
 Mobility of population
 Misrepresentation of news in mass media
 Ineffectiveness of educational institutions in inculcating good values
 Failure of family and home in rearing children
 Graft and corruption in the government institution

The following are the basic social institutions and its processes:
1. Economic institution processes
Studies of the economic status of criminals have indicated that the lower economic class
has a higher official crime rate than those from the upper economic class. These conclusions have
been derived from two types of date:

- Those on the social class membership of criminals and delinquents, and

33
 - Those on delinquency and crime rates of persons living in areas of poverty as
compared to the rates of persons living in other areas of cities.

The problem of poverty. With the advancement of civilization, the standards of living in
both rich and poor have been raised. The well-to-do lives in luxury, the poor today also posses
more comforts than those enjoyed by similar group in earlier society. The rise of the standards
of living go through all the classes, but in spite of this upward movement, the poor remains so,
unless society sweeps away all economic distinctions. In fact, another class in society is also
present – pauperism which is also a problem of poverty.

2. Home and family

Family relationships must show congeniality, harmony, respect, affection and love needed for
the psychological, sociological and environmental growth of the child. Failure of the home to
provide these needs will produce a delinquent child.

3. Educational processes
Next to the home, the school is an agency that serves as the training ground of the child. Like
the home, the school should exert effort in molding the child’s psychological, emotional,
sociological and intellectual faculties that it can only be achieved when the school exhibits a
favorable educational atmosphere. Provisions by the school on these aspects may fail due to
some reasons such as:

o Overcrowding of classrooms with students

o Lack of facilities (recreational, library, water system, classrooms, guidance
services , etc.)
o Stringent, over-strict and uncongenial teachers.

When students are dissatisfied with the life in school, they tend to be vagrant and seek
satisfaction in the streets or among truants, thus, they later become a menace to society.

4. Mass media
The media institution is the best institution in disseminating information. The media, be it in
print, radio or television shall deliver basic information honestly and speedily. Since media is
the best source of various information, presented in different manner, it can influence the
minds of the people and can shape their way of life.

5. Religious institution/church
The church is a positive force that can uplift the dignity, spiritually and morality of people. It
influences people’s behavior with emphasis placed on moral and spiritual values, dignity of life and a
strong will power in opposing crime and delinquency.
It is believed that if one lacks moral and spiritual values, he/she commits a wrongdoing without
any remorse, guilt, is fearless and unrepentant.

6. Government institution
The government is an institution with powers and discretions in creating and implementing laws
and giving of the penalty to those who cannot abide with laws. The government as an institution, is a
model for – good public service, governance of people, respect of human rights, protection and safety
of its people and obedience to laws, policies and regulations.

34
Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 7
Essay.
1. How does a child’s behavior is affected by his environment? Give 2 factors that affect their
behavior and explain it.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
______________________________________________________________________

35
 MODULE 2

LESSON 8

LEARNING
OBJECTIVES:
At the end of the lesson the students must be able to:
 Identify the factors of crime such as mental pathologies of crime; and
 Determine the social disorganization in delinquency areas.

Factors of crime
Psychopathy and Crime

It is believed that criminal behavior is due to some characteristics or traits of the personality
and that this trait is in the nature of pathological condition which exists and is the cause of it.

The word psychopathy was derived from the word psychopathology which means mental
disorder.

Psycho means mind/behavior, while pathology means the scientific study of the nature,
origin, progress and cause of a disease. (Microsoft Encarta 2009)

Psychopath/psychopathic/psychopathic personality refers to a person who is mentally and

emotionally imbalanced.

Mental pathologies are classified into the following:

A. Mental defect or feeblemindedness

Theory of proposition explains that almost criminals are feebleminded. The reasons for the
proposition is that feebleminded person:

a. Cannot appreciate right from wrong;

b. Commits crime in the absence of special inhibiting condition because they do not have
sufficient intelligence to appreciate the reasons for laws and the consequence of the violation
of laws;
c. Feeblemindedness is inherited as a unit in accordance with Mendel’s Law of Heredity; and
d. Policy of sterilization or segregation of persons with mental defect and feeblemindedness is
the only effective method of preventing crime and dealing with criminals.

B. Psychosis or insanity

Psychosis is a complete breakdown or severe impairment of the means of communication;

while insanity is a term used to describe a legally harmful behavior perpetrated under
circumstances in which the actor did not know the nature or quality of his act or did not know right
from wrong.

In psychosis, psychotic, or the person suffering from mental disease classed psychosis, losses
contact with reality similar to insanity, and crime results from:

a. Delusions
b. Halluncinations
c. Grandeur
d. Unusually bodily functions

C. Neuropathic condition
36
 Neuropathic condition is a condition in which a person suffering from such condition often
displays an over-reaction to authority, high tensions and self-consciousness (nervous disease)

Neuropathic condition includes the following types of personality:

a. Epileptic personalityis a type of neuropathic condition which can result to unintended

injury, damage to property or death

b. Post encephalitic personalityis a type of neuropathic condition in which lesions found in

the central nervous system, usually of a child, creates irritability, tantrums and the child
becomes quarrelsome.

c. Psychopathic personality

Psychopathic personality does not refer to any specific behavioral entity. It is a group of
unclassified personality disorder and problems. It serves as e wastebasket of other criminal
behaviors. Persons under this type of personality are usually emotionally immature such
as:

i. Children of affluent families reared in luxurious way of living – produces a person of

weak character, spoiled beyond redemption,
ii. Rapist with sadistic tendencies, pyromaniacs, drug addicts and alcoholics.

Classifies Psychopathic Personality are:

1. Sexual offenders
2. Sexual deviants
3. Alcoholics
4. Drug addicts

Types of Psychopathic Personality

1. Schizoid type
2. Paranoid type
3. Cyclothimic/bipolar

Emotional instability and other traits of personality have been studied by psychologists and
psychiatrists regardless of whether they are labeled psychopathy or not.

Home and Family Relations and Crime

The family as an institution is a contributing factor, if not primarily an agent in the beginning of
delinquency and crime.

1. First, the family is the first social group in which the child normally has membership;
2. Second, the family is assigned the task of providing for many of the everyday activities and
interests of children and of supervising them;
3. Thirdly, the family is the first group to which the child attaches himself emotionally and from
which he receives satisfaction and the opportunity for normal emotional development; and
4. Lastly, the family, specially the mother, is extremely important in establishing the role that the
child will play in the family and in society.

Types of home and family relations that most children-in-conflict with the law come from:

I. Type of home

a. Physical condition of the dwelling – overcrowded and disorderly

b. Slum-type neighborhood
37
 c. Housing shortage

II. Family relations

The following are the types of family relationships where most children-in-conflict with the law
come from:

a. Lack of parental love and affection

Emotional stability of children is derived from the love and affection that parents provide
to their children. Parents should primarily display love and affection to each other to set an
example to their children. Absence of love and affection between husband and wife creates
parental emotional instability which affects formation of adequate conscience among children.
Lack of parental love and affection is disrupted and is indicated by:

 Love insecurities between husband and wife

 Mother is domineering and is aggressive
 Father is emotionally weak

b. Lack of proper discipline

Discipline maybe exercised by parents in two ways – proper discipline or defective

discipline. Most parents impost punishment to their children when children misbehave.
Unfortunately, parents unconsciously are not giving their children proper discipline, instead,
parental authority is being emphasized, resulting to defective discipline. Defective discipline
results to delinquency in the following manner:

 Parental indifference to discipline

 Physical, intellectual or moral weakness of parents
 Lack of discipline due to absence of parents
 Disagreement about control of a child
 Over strict discipline.

c. Parental neglect

Basically, parents have the responsibility of providing children the basic necessities in
life, such as food, shelter, clothing, education, health care, etc. provision by parents of basic
necessities in life help boost the moral and security of children. The inability and failure of
parents to provide basic necessities in life to their children, specially when they are financially
incapable is tantamount to parental neglect. Such inadequacy in life makes the children go
astray.

d. Parental abandonment

Parental abandonment occurs when either one or both of the parents leave the home,
leaving behind the children unattended. One of the parents may leave the home in favor of
another man or woman stifling the essence of family and demoralizing the morale and
emotional stability of children. In such cases, children opt to stay out of school because of
shame, or act badly outside the home.

e. Parental strife, immorality

Parents are great models of children. What children have observed in the relationship
taking place between husband and wife are absorbed by children. Continuous quarreling and
disagreements set a bad example to children. This is the type of family relationship that causes
children to become delinquent. Immorality at home such as other members of the family
having criminal records, and immoral or alcoholic behavior contribute to the delinquency of the
child.

f. Unwholesome family life

38
 Love and affection, understanding, congeniality and harmony, when not experienced by
the children at home, may cause the children to exhibit the same traits, thus, affecting the
child’s social behavior and often time cause them to be unadaptable to certain situations and
conditions. Unwholesome family life wherein there is lack of respect, dishonesty, quarrelsome,
disruptive, tension producing relationship, produces delinquent children.

g. Lack of proper guidance and training

When children are not properly guided and trained in their behavior, parents loss control
of parental authority over them and often times the child becomes uncontrollable and
irrepressible. Lack of parental control is observed through:

 Ignoranceof parents
 Blindness
 Other sensory defects or illness

h. Broken homes

A broken home is one that has the absence of one or both parents by reason of death,
divorce, desertion (abandonment). Through one parent’s absence in the home, discipline and
training of the child by one parent may be difficult and inefficient.

i. Unhappiness, unharmonious relationship

Unhappiness and unharmonious relationships at home produce delinquent children.

Home uncongeniality is evidence by:
 Domination by one member
 Favoritism
 Over solicitude
 Over severity
 Neglect
 Jealousy
 Crowded housing conditions
 Interfering relatives.

SOCIAL DISORGANIZATION IN DELINQUENT AREAS

Delinquency areas are identified with adverse community influence, social composition that is
varied and diverse, inadequate housing and poverty.

The following are factors which cause social disorganization which in turn encourage
delinquency:

a) Concentration of adverse community influence.

Adverse community influences, such as poverty, poor housing, broken families, lack or
absence of religious training or affiliation, unemployment, illness, mobility and cultural differences and
presence of prostitution and other vice centers, encourage social disorganization. Again it cannot be
said that areas where these factors are present are also areas where delinquency and crime are
found.

b) Social composition.
The population of urban delinquency areas tend to consist of those at the bottom of economic
scale – unskilled laborers, unadjusted new comers in the city, group subject to economic and social
discrimination. Transient, seasonal laborers hoboes (homeless travelers) or hums, usually inhabit
certain streets in delinquency areas. Transients find city life strange and difficult, still others are not
accustomed to settle an orderly living. Neighborhoods of the country are conducive to the formation of
boy’s gangs that easily develop or more or less serious delinquent habits.

c) Central industrial and business sections.

39
 Sociologist discovered that the wellordered residential neighborhood tends to have a low rate
of delinquency.

d) Inadequate housing.

Studies of housing and delinquency confirm the link between delinquency and inferior housing.
Although poor housing does not cause delinquency, it is an element of the social pattern in which
delinquency develops.

e) Poverty.

The people who live in deteriorated areas have one characteristic in common, that is – they
are poor. Again, while poverty cannot be assumed to be a direct cause of delinquency, it may be
related to it in two ways:

 Poor people manipulated in many respects (like craving luxuries or even

necessities in life that may result to obtaining them either legally or illegality);
 They steal as a convenient way to obtain money to satisfy these needs and
desire.

40
Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 8

Essay.

1. The home and family relationship is a potent agency of control for developing child.
What type of family relationship do most children-in-conflict with the law come from?
Why?
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_______________________________________________________________

LESSON 9

41
LEARNING
OBJECTIVES:
At the end of the lesson the students must be able to:
 Determine persons who are committing different types of crimes; and
 Identify different type of crimes committed by a mere person and by an organized criminal.

THE CRIMINAL WORLD /UNDERWORLD

The social organization of criminals is termed UNDERWORLD. It is a world in itself apart with
its own social classes, ranging from the hoboes to the moneyed gangster or racketeer. Once into the
underworld, its life and institutions, it is difficult for a criminal to re-enter the conventional world.

The underworld has its own social life, which include hideouts, recreational centers,
connections with political groups or law agencies, lifestyle and their own rules or code of conduct in
crime operations and language.

Some languages used in the underworld:

 Gang (a group of boys)

 Clique (group of girls)
 Fence (one who disposes stolen goods)
 Fix (one who has contacts both political organization and underworld)

Types of Crimes

The underworld is a world in itself whose membership range from simple gangs to organized
criminals. Their crime operations are significant according to their skills, experience, political
connections and purposes.

A. Professional Crime
It is professional crime when crime is pursued as a career, or a day to day occupation. The
membership considers the commission of a crime as their way of life, their means of livelihood and
occupation.

B. Organized Crime

A crime committed by groups which regulate relations between various criminal enterprises,
e.g. smuggling and sale of drugs, prostitution, gambling, money laundering and other illegal activities;
it is secret and conspiratorial. The following are categories of organized crime:

a. Racketeering – a racket is an organized method of extorting money from those

engaged either in legitimate or illegitimate, accompanied by threats or infliction of
injuries or destruction of property. (Requires payment of tribute.)

b. Criminal Syndicate – is a combination of capitalist or financiers, entered into the

purpose of executing an illegal plan requiring large source of capital, specially one
having the object of obtaining control of the market of a particular commodity.

c. Criminal Gangs – an intimate group bound by ties of friendship and loyalty that tend to
establish its own folkways and mores, often in opposition to those of conventional
society. They are mobile, violent in the treatment of their victims and engaged in
sensational crimes.

d. Corrupt Political Groups – this category is often referred to as political graft and
corruption. Because of the similarities between corrupt political practices and organized
criminal activities and the interwoven political relationships between the corrupt political
organizations and types of organized crime.

42
 C. White Collar Crime or index crimes
This refers to illegal acts committed in the course of their occupations, rarely involved in
violence, involved significant public harm, victimizes everyone and no one, economic costs spread
over large population.

Types of white collar crimes

1) Workplace crime: crimes against employers by employees for individual gain occupational
crime: an individual or group’s illegal use of their professional position to secure something of
value, found at all levels of the labor force, e.g. fraud;

2) Organizational crime: decision-makers of a corporation or government engaged in illegal

activity for corporate or organizational advantage as opposed to personal gain, terrorism,
selling products which are known to be unsafe or defective.

a. Income tax evasion

b. Consumer fraud
c. Bribery and extraction of kickbacks
d. Embezzlement
e. Misinterpretation in advertisement

D. Technology-based or computer crime.

Computer crime, cybercrime, e-crime, or hi-tech crime, generally refers to criminal activity
where a computer or network s the source, tool, target or a place of a crime.

Computer crime can be broadly defined as criminal activity involving an information

technology infrastructure, including illegal access, illegal interception, data interference, systems
interference, misuse of devices, forgery (ID theft), and electronic fraud.

Common examples of cybercrimes are:

 Stealing of information from sites, or causing damage to a computer or network

 Issues of hacking, copyright infringement through wares, child pornography
 Using a computer as a tool to plan or commit offense (drug trafficking, harassment, cyber
terrorism, virtual gaming)

There are laws that had been passed in order to protect, detect and/or prevent and control
cyber crimes. (see RA 10175 in the attachments.)

E. Victimless Crime
In this type of crime, there is willing exchange among adults of desired but illegal goods and
services, and supposedly there is no victim other than the offender.

Examples:
 Prostitution
 Pornography
 Drug abuse
 Alcoholism
 Gambling
 Truancy

F. Blue collar crimes (otherwise known as crime in the streets)

This type of crime is easier to detect. Street crime is a loose term for criminal offenses taking
place in public places. Crime on the streets of a city may include may other types of offenses, such
as:
 Crimes against persons
 Crimes against properties
43
  Victimless crimes

G. Newest Category of Crimes:

 Hate crimes – criminal act motivated by racial or other biases such as religions, ancestry,
sexual orientation or physical disability.

 Violent crimes – another way of viewing deviance and crime is to look any criminal act
which results in the threat of actual physical and psychological harm of the victim.

o physical harm – most visible such as domestic violence

o psychological – emotional harm
o structural – societal institutions violence against people
o cultural – harm done against a group of people
o ecological – harm done against the environment

 Media and Crime

Most people get their information from television, newspaper, radio and social media.
media write ups, opinion, or broadcasted can influence the way of life of the reader. when
crime news are headliners almost every day, the reader’s mind is influenced by the thought
that crime is an ordinary event that has happen every day.

Criminals who live in the Non-Criminal World

Ordinarily, criminals thrive in the underworld but there are those who remain in the non-
criminal world and they are the following:

1. Casual offenders – casual offenders commits the least serious crimes (minor violations or
municipal ordinance)

a. Jaywalking
b. Parking at no parking signs or over speeding
c. His offense are usually carried out for his own convenience and seldom harm anyone
else, although he may inconvenience and occasionally may endanger them indirectly.
He justifies acts by the simple philosophy that if h can get away with the violations, they
are not particularly wrong.

2. Occasional offenders – like the casual offender, occasional offender is a law abiding citizen
who accepts the conventional attitude towards illegal acts. He commits crime perhaps only
once, perhaps separated by long intervals of time.

Example:

A boy looking for companionship and adventure who ay find that his more experienced
companions are embarking on a burglary and accompanies them without such consideration of
the mature of his acts.

The occasional offender is committed in the attempt to avoid a painful situation – like a bank
officer who has contracted a gambling debt or whose wife needs an immediate and costly
operation and embezzles funds in order to meet his immediate problem.

3. Episodic offender – is a special type of occasional offender. He is generally law-abiding, but

who under the stress of a particular set of circumstances or temptation commits a crime; the
circumstance may never rise again and the crime is likely not to be repeated. Most murder or
assaults that resulted from emotional frustration are episodic in nature.

44
 Example:
A woman who has learned that her husband has taken a mistress and who at the climax of her
jealousy rage, kills her rival, has committed and episodic crime.

----------------------o0o--------------------

Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 9
Essay.

45
 1. How are cybercrime committed and give some examples of the most common crimes
committed in computer? Site examples and give laws that condemn these crimes.

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_______________________________________________________________

LESSON 10

LEARNING
OBJECTIVES:
At the end of the lesson the students must be able to:
 Determine the relationship of thevictim to the offender;
 Recognize the victim’s role in crime; and
 Analyze the causal factors that affect victimization.

46
 VICTIMOLOGY

Victimology is the study of victimization, including the psychological effects on victims,

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 social groups and institutions, such as the media, businesses, and social
movements.

In criminology and criminal law, a victim of a crime is an identifiable person who has been

harmed individually and directly by the perpetrator, rather than by society as a whole. However, this
may not always be the case, as with victims of white collar crime, who may not be clearly identifiable
or directly linked to crime against a particular individual. Victims of white collar crime are often denied
their status as victims by the social construction of the concept (Croall, 2001). The concept also remains
a controversial topic within women's studies.

Consequences of crime

Emotional distress as the result of crime is a recurring theme for all victims of crime. The most
common problems, affecting three quarters of victims, were psychological problems,
including: fear, anxiety, nervousness, self-blame, anger, shame, and difficulty sleeping. These
problems often result in the development of chronic post-traumatic stress disorder (PTSD). Post
crime distress is also linked to pre-existing emotional problems and sociodemographic variables. This
has been known to become a leading case of the elderly to be more adversely affected .(Ferraro, 1995)
Victims may experience the following psychological reactions:
 Increase in the realization of personal vulnerability.
 The perception of the world as meaningless and incomprehensible.
 The view of themselves in a negative light. ]
The experience of victimization may result in increasing fear on the part of the victim, and the
spread of fear in the community.

Concept of victimization

One of the most neglected subjects in the study of crime is its victims; the persons, households
and businesses that bear the brunt of crime.

The word victim was connected to the notion of sacrifice, especially in ancient cultures.
Originally, the term is referred to as a person or an animal put to death during a ceremony in order to
appease some supernatural power or deity. Today the term commonly refers to individuals who
experience injury, loss, or hardship for any reason. People can be victims of accidents, diseases,
natural disasters, or social problems like warfare, discrimination or other injuries.

Who is a Victim?
A victim is a person who suffers direct or threatened physical, emotional or financial harm as a
result of an act by someone else, which is a crime.

Types of Victimization 
 Sexual Misconduct
 Rape
 Sexual Touching
 Sexual Harassment
 Stalking
 Physical Assault/Battery
 Dating/Relationship/Domestic Violence
 Theft
 Threat of Harm

47
1. Sexual Misconduct is an umbrella term that includes any non-consensual sexual activity that is
committed by force or fear or mental or physical incapacitation, including through the use of
alcohol or drugs. Sexual misconduct can vary in its severity and consists of a range of behavior,
including rape, statutory rape (sexual contact with a person under 18 years old), sexual touching,
sexual exploitation, sexual harassment, and conduct suggestive of attempting to commit any of
the aforementioned acts.

2. Rape - Rape is the sexual penetration (however slight) of the victim’s vagina, mouth, or rectum
without consent. Rape involves penetration with (a) the use of force/fear or the threat of force/fear;
or (b) with a person who is otherwise incapable of giving consent, including situations where the
individual is under the influence of alcohol or drugs and this condition was or should have
reasonably been known to the accused.

3. Sexual Touching- Sexual touching, also known as sexual battery, is the act of making unwanted
and sexually offensive contact (clothed or unclothed) with an intimate body part of another person
or action, which causes immediate apprehension that sexual touch will occur. Intimate body parts
include sexual organs, the anus, the groin, breasts or buttocks of any person. Sexual touching
includes situations in which the accused engages in the contacts described with a person who is
incapable of giving consent.
4. Sexual Exploitation- Sexual exploitation is the taking advantage of a non-consenting person or
situation for personal benefit or gratification or for the benefit of anyone other than the alleged
victim; and the behavior does not constitute rape, sexual touching or sexual harassment. Sexual
exploitation includes, but is not limited to:

 Photographing or making audio or video recordings of sexual activity without consent;

 Dissemination of images or recordings without consent of the participant(s);
 Allowing others to observe sexual activity without the knowledge or consent of the partner;
 Voyeurism (peeping tom);
 Knowingly transmitting a sexually transmitted infection or HIV to another student;
 Prostituting another person;
 Giving alcohol or other drugs to another student with the intention of rending him or her
incapable of giving consent.

5. Sexual Harassment- Sexual Harassment is any unwelcome sexual conduct or behavior that
creates an intimidating, hostile or offensive working or educational environment.

6. Stalking- Stalking is prohibited. It is willful, malicious and repeated following of a person or

harassing behaviors against another person, putting the person in reasonable fear for his or her
personal safety, or the safety of his or her family. This includes use of notes, mail, gifts,
communication technology (e.g. voicemail, text messages, internet and social networking sites -
using any electronic or telecommunication is also known as cyber-stalking) to harass or convey a
threat. This offense may also be treated as a type of sexual misconduct in certain situations.

7. Physical Assault/Battery - Physical assault or battery is prohibited. It is to touch or strike a

person against his or her will or to threaten violence against that person.

8. Dating/Relationship/Domestic Violence- Dating/Relationship/Domestic Violence is prohibited.

This type of violence may be emotional, verbal, physical and/or sexual abuse by an intimate
partner, family members or parties in a dating relationship.

9. Theft - Theft is the unlawful and unauthorized removal of any personal property for one’s own
use.

10. Threat of Harm – Conveyances of threats, which result in, or may result in, harm to any person
by willful and deliberate means is prohibited.

How does crime affect people?

48
 Crime affects everyone differently. Victimization often causes trauma and depending upon the
level of trauma that a person has already experienced in their lifetime, crime can be devastating. In
general, victimization often impacts people on an emotional, physical, financial, psychological, and
social level.

The Emotional Impact of Victimization

Shock, disbelief and denial – Initially, victims may find it difficult to believe they have become a
victim of crime. They may even pretend that it did not happen at all. These reactions can last for a few
moments or they may be present for months and even years. It is not uncommon for victims to
assume a ‘childlike’ state and may even need to be cared for by others for some time. It is also
common for victims to feel as though the crime occurred when they were in a dreamlike state.

Once the initial shock of the crime has worn off, victims may experience other emotions such as
anger, fear, frustration, confusion, guilt, shame, and grief.

Anger or rage – Victims may be angry with God, the offender, service providers, family
members, friends, the criminal justice system, or even themselves. Many victims experience
strong desires for revenge or getting even. Hate may even felt by victims. These strong
emotions are often disapproved of by the rest of society, which can leave the victim feeling like
an outcast. It is certainly justified for victims to feel anger toward the person or people who
harmed them.

Fear or Terror – It is common for victims to feel terror or fear following a crime that involved a
threat to one’s safety or life, or to someone else a victim cares about. Fear can cause a person
to have panic attacks if they are ever reminded of the crime. Fear can last for quite some time
following the commission of a crime and under certain circumstances, it can become
debilitating. Fear or terror that becomes overwhelming is unhealthy and victims should consult
their family physician about it as soon as possible.

Frustration – Many victims are frustrated by the feelings of helplessness or powerlessness

that surface when the crime takes place. This can be especially true if victims were unable to
fend off an offender, call for help or run away. After the crime, victims may continue to feel
frustration if they cannot access the support and information that is necessary to their healing.

Confusion – Victims of crime may become confused if they are unsure of what actually
happened, as crimes often occur quickly and are chaotic. Victims might also become confused
while searching for answers to questions like “why did this happen to me?” It may be
impossible to find out why someone else intended to hurt them.

Guilt or self-blame – Blaming one’s self is common. Many victims believe they were “in the
wrong place at the wrong time.” If the victim does not have someone to blame, they will often
blame themselves. Guilt is also common when no offender is found. Later on, when reflecting
upon the crime, victims might feel guilty for not doing more to prevent what happened. Lastly,
some victims will experience ‘survivor guilt’ – they feel guilty that they survived while someone
else was injured or even killed. If a loved one is murdered, surviving family and friends may
even blame the victim. Too often, society blames victims as well.

Shame and humiliation – Sadly, some victims blame themselves, particularly victims of
sexual abuse/assault or domestic violence. In crimes involving sexual acts, offenders often
degrade the victim by making them do humiliating things. Victims of rape, for example, have
long-lasting feelings of “being dirty”, and those feelings cannot be “washed away.” Some
victims even feel self-hatred because they believe that they can no longer be loved by those
who are close to them.

Grief or Sorrow – Intense sadness is often the most powerful long-term reaction to crime. It is
common for victims to become depressed after a crime occurs

Do victims have shared responsibility in crime?

49
 Schools of thought argues “why laws are broken and people get hurt?”. They are stuck with the
argument of : Victim-blaming – Victim-defending – Fixed Responsibility.
To answer the question asked above, one has to learn and understand the following concepts:

 Victim facilitation
The term is more appropriate to be used on cases of burglaries and thefts. The term facilitation
refers to those situations in which victims unknowingly, carelessly, negligently and inadvertently
make it easier for the criminal to commit criminal acts.

Facilitating victims assist their offenders and therefore share a minor amount of blame. They
increase the risks f losing their property by their own thoughtless actions. (Karmen, 2009)

Example:
A man pulls into the driveway, turns off his car engine and enters his home. A teenager walks
by spot the car’s keys dangling in theignition switch. Enters the car, starts it and drives off.

 Victim precipitation and victim provocation

Both terms are more appropriate to use on victimization of murder, robbery, assaults and rape.

a. Victim precipitation – it is that which the person who gets hurt significantly
contributed to the outbreak of violence.
Precipitation was the label applied to those cases in which the person who was killed
been the first to use force, either by drawing a weapon, striking the first physical
blow during an argument or in some other way initiating a resort to violence to settle
a dispute. (Karmen)

Example:
A man in sports car picks up a young woman hitchhiker and interprets her
appreciation as a sign of sexual interest. He drives to deserted parking lot and made sexual
advances. She resisted but he assumes her protests as feigned. When he tries to pin her
down she bolts from the car and runs screaming along the road.
Question: Did she contribute to attempted rape? Is victim precipitation a significant cause of sexual
assaults?

b. Victim provocation. The term implies that the loser is more responsible than the
victor. The injured party instigated the attack that otherwise would not have taken
place. A provocative victim, challenge or incited a law-abiding person into taking
defensive measures in reaction to forceful initiatives.

Example:
A husband periodically beats his wife over the course for more than 20 years and
vowed to change his evil ways after each episode of beatings. One day he threatens to kill
their daughter so that while he was asleep his wife shoots him and then sets their house on
fire. She was arrested and tried for first degree murder. The jury rejects her contention that
she was temporarily insane from terror and that she acted in self-defense. The judge
sentenced her to life imprisonment even though she is permanently disabled from the
beatings.

Question: did the husband instigate his own murder? Is the victim provocation a leading factor in slaying
of abusive spouses?

 Shared responsibility in violent crimes

Usually victims that shared responsibility with the offender occur in crimes like murders,
aggravated assaults, forcible rapes and robberies.

 Recognizing complete innocence and full responsibility

50
 The degree of responsibility a victim might share with an offender has ranged from
facilitation to precipitation to provocation. But possibilities extends further in each direction, from
complete innocence to full responsibility. Complete innocent individual cannot be blamed fro what
happened to them.

 Victim-blaming versus victim-defending.

Arguments that the victim of crime might share responsibility with the offenders for what
happened due to facilitation, precipitation and provocation have been characterized as victim
blaming.

Victim-blaming follows a three-stage thought process:

 The assumption is made that there is something “wrong” with victims. They are
signaled out because of their attitudes, their behaviors, or both that distinguish them
from the majority
 These presumed differences are said to be the source of the victim’s plight.
 Victims must change how they think and act if they want to avoid trouble in the future.
They must abandon the careless, rash, or insightful behaviors that brought about
their downfall.

51
Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 10

1. Can victims of crime be partially or totally responsible for the commission of crime? Discuss
briefly the responsibility you choose.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

2. Between victim precipitation and victim provocation, who has the lesser or greater
responsibility?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

52
 LESSON 11

LEARNING
OBJECTIVES:
At the end of the lesson the students must be able to:
 Identify the Philippine Criminal Justice System’s role as the machinery in which society uses
in the prevention of crime; and
 Determine the reaction of the Criminal Justice System to the victims of the crime.

The criminal justice system

and the victims

The Criminal Justice System

Criminal justice system throughout the world may vary considerably. The Philippine Criminal
Justice System is distinct and unique compared to other countries. But all criminal justice system
faces common problems. They must decide what acts should be imposed on specific criminal acts
and the procedures to be followed in dispensing justice.

CJS is the system in the community charged with the direct responsibility for the prevention,
reduction, and control of crime.

CJS operates by linking Law Enforcement (police), prosecuting agencies, courts, correctional
institutions and the mobilized community to form an operational cycle designed to promote justice for
criminal victims as well as those who are accused and convicted of crimes.

CHARACTERISTICS OF CRIMINAL JUSTICE SYSTEM

1. Systems have identifiable components - there are parts or elements, structures that perform
certain function that contribute to the functioning of the system.
2. Each system constitutes an identifiable whole - this means that we can distinguish one
system from another each has its own function to perform within the system.
3. The system’s components are interdependent - the elements of the a system affect each
other. One element cannot function without the input from another.
4. Each system operates within an environment - all other systems in our society.

CRIMINAL JUSTICE SYSTEM: AS A PROCESS

As a process, criminal justice system refers to the “orderly progression of events from the time
a person is arrested or taken out of the community, investigated, prosecuted, sentenced, punished,
rehabilitated and eventually returned to the community”
LAW
ENFORCE
MENT
53

COMMUNITY PROSECUTION
Crime
 CORRECTION COURT

Victims and the Criminal Justice System

Criminal justice system is the branch of government getting attacks from all political quarters
because of the consensus that it does not measure up to the expectations of may. It is believed that it
fails to deliver what it promises. It does not meet the needs and wants of victims as its clients or
consumer of its services.

Suppose a person is robbed and injured, what could and should be the system do to dispense
justice in this case? Why should victims bring their problems to the attention of justice officials – the
police, prosecutors, defense lawyers, and correction officials?

What do victims want, - punishment, treatment or restitution? What would they like to be done?
Victims can pursue one, or even a combination of three distinct goals:

1. To see to it that the predator is punished

2. To use the justice process as a leverage to compel the law breaker to undergo
rehabilitative treatment
3. To get the court to order the convict to repay those he hurt for the costs arising from their
injuries and losses.

Victims and the Police

When victims reports crimes, they want the police to come quickly and with dispatch.
Psychological and physical first aid are expected to be performed on them, believe their story or
account of incident, immediate apprehension of the perpetrators, gather evidence that is admissible in
court, and recover any property taken from them. However, the police might take a while to arrive,
handle them insensitively, consider their versions of events unbelievable or exaggerated, fail to solve
their cases and be unable to recover their stolen goods.

Victims and the Prosecutor

Victims, especially indigent ones, wants prosecutor offices to provide them with lawyers who
will faithfully represent their interests, but more often they may be disappointed because the lawyer
assigned to them can’t even take steps to protect them from reprisals and don’t consult with them
during plea negotiations.

Victims and the Defense Attorneys

Victims often times are at the mercy of the defense attorneys. During cross-examination at
trials defense attorneys try to wear down the victims by stalling tactics and asking hostile questions
intended to undermine their credibility.

Victims and the Judges

Victims hope that judges shall be fair and impartial in handling down sentences. Victims feel
that the law is always in favor of the accused that threatens their security and safety especially if the
judge sets a bail low enough or the defendants are released, or if the judge imposes sentences that
do not reflect the gravity of the offenses that harmed them.
54
Victims and the Corrections Officials

Victims want corrections officials to keep them posted concerning the whereabouts of convicts,
protect them from reprisals after release, and effectively supervise any restitution arrangements
thatwere imposed as conditions of probation or parole.

Victims’ Role in Criminal Proceedings

In adversarial justice systems, a criminal trial entails a conflict between two adversaries—the
state and the defendant, and the search for the “truth” is conducted before an impartial adjudicator—
the judge. In earlier centuries, crime victims had to assume the responsibility of pursuing the offender
and bringing him or her to justice. Over time, this state of affairs changed. With the centralization of
power and creation of the concept of “the King’s peace,” victims lost their active role in justice. The
state began to prosecute a defendant on behalf of the community, and the crime victim was relegated
to the role of witness for the prosecution.

For most victims, even their role as witness never materializes. Most criminal incidents do not
result in a trial as a result of the attrition of cases. The police may fail to make an arrest, or the
prosecutor may decide not to file a criminal charge. If a charge is filed, it may be stayed or withdrawn.
In the vast majority of cases, the offender ultimately pleads guilty, and the case proceeds to
sentencing without a criminal trial being held. Unlike continental legal systems, which provide victims
with a formal role in criminal proceedings, adversarial legal systems do not accord victims any formal
standing in the prosecution of “their” offenders. Victims have little influence over whether (or how) the
state chooses to proceed against the alleged perpetrator. Thus, until fairly recently, crime victims
were denied any input into the sentence of the offender. Yet the state highly depends on victim
cooperation, without which a criminal prosecution is unlikely to succeed.

Victim-Offender Mediation and the Criminal Justice System

THE VICTIM TRIANGLE

Under the criminal justice system, a crime is regarded as an offence against the state and not
the victim. The state steps into the shoes of the victim and prosecutes the offender. In the end, the
state focuses on punishing the offender to either pay a fine to the state or commit the offender to a
prison term. There is very little or  no attention to the needs of the victim, hence leaving the victim
unsatisfied, impoverished and bitter.

In view of this challenge, there are other alternative methods of settling criminal disputes
outside the traditional criminal justice system. One of such methods is the victim-offender
mediation. Victim offender mediation aims at restoring damaged or broken relationships between an
offender and a victim by providing both parties an opportunity to meet face to face to address their
differences through mediation. This is also called transformative justice or restorative justice. It
enables parties to settle their disputes without going through the rigorous court trial process. 

Victim-offender mediation offers many advantages to the parties, their immediate community
and state. It offers an avenue to deal with less serious criminal matters. It gives the parties some level

55
of privacy and attends fully to the victim’s needs. It helps decongest prisons, it prevents retaliation by
reintegrating offenders into the community. Offenders assume active responsibility for their actions. 

Consequences of Victim Dissatisfaction

Of the 118 women, 49 percent admitted that they had been revictimized. Of these, 22 percent
reported the incidents to the police. Contrary to the presumption that “more serious” offenses get
reported to the police, victims who reported the new incident were more likely to report less serious
offenses, like violations of restraining orders, than they were to reach out for assistance due to a
physical assault. Women who reported new abuse to the police also generally reported that the
abuse was becoming more serious.

Women who chose not to report new incidents of abuse were:

 The least likely to have resisted the arrest of the offender during the first incident.
 
 The least likely to have been dissatisfied with how the police initially handled the incident.
 
 The most likely, by the conclusion of the case, to feel that the actions of the police negatively
affected their safety and to complain that they wanted the prosecutor to make charges against
the offender more severe.

Women who chose not to report new incidents of abuse also were likely to have experienced
sexual abuse as a child. This finding coincides with other research that suggests a link between a
woman’s history of abuse and her likelihood of reporting re-victimization to police. The researchers
theorize that “for an individual who has experienced abuse through the ‘life course,’ reporting this
latest incident to the police may be viewed as a useless ritualism.

---------------o0o--------------

Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 11

Essay.
1. What are the roles of the Criminal Justice System on victims of crime?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

2. Explain the process of criminal justice system according to the figure below.

LAW
ENFORCE
MENT

COMMUNITY PROSECUTION
Crime
56
 LESSON 12

LEARNING
OBJECTIVES:
At the end of the lesson the students must be able to:
 Discuss the concept of corrections, define its meaning, purposes and objectives;
 Identify and distinguish institutionalized corrections and non-institutionalized corrections.

Penology/Corrections

The Social Contract between men and the State has for its main object the maintenance of
peace and order in a society through the mandate of law and enforced by the State to achieve
regulated behavior of man. When one is suspected to have been violating the law, the state reacts to
this violation through arrest, investigation and legal process. Its main purpose is for the corrections of
undesirable behavior.

Penology/corrections is a social control by which endeavors are undertaken to understand the

nature of crime and to devise more effective methods of deterrence and treatment of convicted
individuals.

In the old concept of penology, a violator must be punished for the breach of social contract.
While in the modern concept, a violator must be corrected of his undesirable behavior through
correctional process so that by the time he is released from the correctional institution he could
reintegrate himself/herself to the society as one fitting individual.

Terms defined

57
Penology is concerned with the effectiveness of those social processes devised and adopted for the
prevention of crime, via the repression or inhibition of criminal intent via the fear of punishment. 

Punishment is the imposition of an undesirable or unpleasant outcome upon a group or individual,

meted out by an authority—in contexts ranging from child discipline to criminal law—as a response
and deterrent to a particular action or behavior that is deemed undesirable or unacceptable.

Corrections - is also the name of a field of academic study concerned with the theories, policies, and
programs pertaining to the practice of corrections. Its object of study includes personnel training and
management as well as the experiences of those on the other side of the fence — the unwilling
subjects of the correctional process.

Correction as a process shall mean:

 Re-orientation or re-construction of individual with a view to preventing a repetition of the
deviation without the necessity of taking punitive action.
 The professional discipline which apples the knowledge of criminology to the control and
treatment of criminally deviant behavior
 The process of returning the attitude to the former state
 The body of knowledge and practices related to society’s handling of adults and children who
have been convicted of an offense
 Implies preventing of further offenses

Correctional Process

Correctional process is a means by which the government deals with offenders. Correctional
process given to the offender is often commensurate with the offense committed. When the offender
is a threat to the security and safety of the people in the community, then, he must be placed in a
correctional institution such as jail or prison and other special institutions and facilities.

Another correctional process is available for offender is the non-institutionalized process. In

this process, the offender is given correctional programs of reformation activities, (usually a
community-based program), which should be complied directly within the community where he
resides. Beneficiaries of this type of correctional process are the grantees of probation and parole.

Bureau of Corrections

First named as the Bureau of Prisons created by virtue of Reorganization Act of 1905 (Act no.
1407 dated November 1, 1905) of the Philippine Commission on October 26, 1905 to take charge of
the safekeeping of all prisoners confined at Insular and Provisional Prisons and all penal settlements,
or committed to the custody of the Bureau.

This office was however, renamed as the Bureau of Corrections (BUCOR) under the
Department of Justice by Virtue of the Administrative Code of 1987 issued on November 23, 1989
and Proclamation No. 495 of the President of the Philippines.

Modern Correctional Methods

1. Imprisonment in:
a. Jails
b. Prisons

2. Community-based Method
a. Parole
b. Probation
c. And other forms of executive clemency

3. Rehabilitation Methods
58
 a. Medical and health services
b. Work and education therapy services
c. Socio-cultural services
d. Chaplaincy services
e. Guidance counseling services

4. Fines
5. Alternative program for CICL
a. Diversion program
b. Intervention program

Correctional/Penal Institution in the Philippines

1. Juvenile institutions
a. Boys town
b. Girls protector
c. CIW
2. Special institutions and facilities
a. Drug rehabilitation
b. Institutions for criminal insane
3. Adult penal institutions
a. Jails - Jail is a building or place for the confinement of arrested or sentenced person. It
is usually made up of cells, which are small rooms or enclosures where prisoners are
actually kept or confined.

ii. Lock-up Jail – this is a security facility operated by personnel of the local law
enforcement units for temporary detention of persons under investigation or
awaiting preliminary investigation. In conformity with the law, the maximum
period of detention for light, less grave and grave offenses are 12, 18, 36 hours,
respectively.
iii. Ordinary Jail – this facility houses prisoners convicted of offense s which the
punishment does not exceed three years of imprisonment and those with
pending cases before the courts, it is administered and run by personnel of the
BJMP.
iv. Workhouse Jail – also known as jail farm or camps such facility operates small-
scale cultivation of crops by minimum security prisoners .

b. Prisons – are places of confinement for those who are serving prison sentence of more
than 3 years. A prison is administered by the national government.

a. Old Bilibid Prison

b. New Bilibid Prison
c. San Ramon Prison and Penal Farm
d. Iwahig Prison and Penal Farm
e. Sablayan Penal Colony
f. CIW
g. Leyte Regional Prison

4. Community Institution
a. Probation
b. Parole
c. Alternative program for CICL

---------------o0o--------------

59
 Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 12

Essay.

1. Give your opinion, why is it not proper for the child-in-conflict with the law to be place in a
jail or prison together with the adults?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

MODULE 3
LESSON 13
60

LEARNING
OBJECTIVES:
At the end of the lesson the students must be able to:
 Determine the meaning of human behavior; and
 Identify the reasons on considering the behavior of a person who commits crime.

Understanding Human Behavior

Basic Concept

Human behavior is the study of human conduct; the way a person behaves or acts; includes the
study of human activities in an attempt to discover recurrent patterns and to formulate rules about
man’s social behavior. Thus, one’s knowledge of human behavior will give him better understanding
as to the causes of normal and abnormal behaviors which eventually lead to criminal behaviors.

Definition of Terms

1. Behavior - any act of person which is observable; any observable responses of a person to his
environment; manner of one’s conduct.
2. Attitude - position of the body, as suggesting some thought, feeling, or action; state of mind,
behavior, or conduct regarding some matter, as indicating opinion or purpose.
3. Human Behavior - the acts, attitudes and performances of flesh and blood individuals
according to their environment; properly the subject matter of psychology.
4. Psychology - the science that studies behavior and mental processes.
5. Personality - a set of distinctive traits and characteristics that makes a person different from
other people.
6. Character - the combination of qualities distinguishing any person or class of persons; any
distinctive trait or mark, or such mark or traits collectively belonging to any person, class or race.
7. Psychiatry - a branch of medicine that deals with mental or emotional disorders.

Psychology and Criminal Behavior

Psychology - is the totality or sum of all actions, attitudes, thoughts, mental states of a person or
groups of persons, it is the science dealing with the mind of human being including animal behavior.
.
Individual Differences:

1. No two people are alike;

2. Men differs from women - qualitative differences; and physical differences;
3. People differ from day-to-day activities

Nature of Differences

1. Physical
2. Ability and Skill
3. Personality
4. Intelligence

Evolution of the study of Human Behavior:

1. Homer - author of Iliad and Odyssey who describe Human Behavior as the modern
breath or sign of life.
2. Socrates and Plato - described Human Behavior as having two parts:
a. The Rational Part - capable of unraveling the meaning of life and understand
ideal form; to make clear the meaning of life and/or draw conclusions. (based on
facts and reasoning)
61
 b. The Irrational Part - participate in imperfect form; the inability or lack of
reasoning, sometimes termed unreasonable; mostly deals with the emotion. ( not
able to use reason or good judgment.
3. Aristotle - described Human Behavior as the principle of life; quality or essence of that
distinguishing the living from non-living.

Attributes or Characteristics of Behavior

1. Overt Behavior - observable

2. Covert Behavior - Hidden
3. Rational Behavior - with sanity or reasons
4. Irrational Behavior - without reason/unaware
5. Voluntary Behavior - with full volition of will
6. Involuntary Behavior - goes on even when we are awake or asleep.

Aspects of Behavior

1. Intellectual Aspect - way of thinking, reasoning, solving problem, processing info and coping with
the environment.
2. Emotional Aspect - feelings, moods, temper, strong motivational force within the person.
3. Social Aspect – people’s interaction or relationship with other people.
4. Moral Aspect - conscience, concept on what is good or bad.
5. Psychosexual Aspect - being a man or woman and the expression of love
6. Political Aspect - ideology towards society and government
7. Values/ Attitude - interest towards something, likes and dislikes.

Three Levels of Behavior

1. The Vegetative - responsible for nurturing and reproduction, mostly found in plants; in human
beings, for food and reproduction.
2. The Animal - movement and sensation, mostly the use of the senses and sex drives.
3. The Rational/ Psyche/ Human - values morals, reasons and the will purpose and freedom.

Elements of Human Behavior

1. Vegetative Power - physical capabilities including acts of consuming food

2. Sensitive Power - ability to feel, understand and respond to stimuli
3. Estimate Power - use of memory and imaginative power
4. Common Sense - qualities and/or sound practical judgment
5. Will and Interest - desire and ability to freely choose and do something

Three Faculties of Man

1. Will - power of conscious deliberate actions; the faculty by which the rational mind makes
choice of action, and directs energies in carrying out its determinations.
2. Intellect - power of perception or thought; or power of understanding.
3. Soul - the rational, emotional, and volitional faculties in man, conceived of as forming an entity
distinct from, often existing independently of his body; the emotional faculty of man distinguished from
intellect.

Approaches in the study of Human Behavior

1. Neurological - human actions in relation to events taking place inside the body, especially the
brain and the nervous system
2. Behavioral - external activities of the organism that can be observed and measured.
3. Cognitive - the way the brain processes and transforms information in various ways.
4. Psychoanalytical - a method of explaining and treating mental and emotional problems by
having the patient talk about dreams, feelings, memories, etc.
5. Humanistic - subject’s experience, freedom of choice and motivation toward self-actualization.

Human Behavior (Measures)

62
 1. Descriptive Method (describing the behavior)

a) Naturalistic Observation - serves the behavior in the natural setting of the

person’s background, e.g. home, school, church, etc.
b) Systematic Observation - making use of the adjective check lists, e.g. skills rating
(inventories and questionnaires) test given by the guidance counsel.

2. Clinical Method - diagnose and treatment of serious emotional or mental disorders or

disturbances.

3. Experimental Method - relationship between variables by way of experimental (laboratory).

specimens are required for comparison and for contrast.

4. Statistical Method - making use of researches that were conducted; measures of central
tendencies, mean, median, mode tests.

Determinants of Behavior

1. Heredity - the natural process by which physical and mental qualities are passed from a parent
to a child. (Genetic inheritance)

2. Environment - the condition that surround someone or something (socio-cultural inheritance)

3. Self - fundamental functioning of the self-structure that we make about ourselves and our
world. These assumptions are based on learning and of three kinds:

a) Reality assumptions - assumptions about how things really are and what kind of
person we are.
b) Possibility assumptions - assumptions about how things could be, about
possibilitiesfor change, opportunities and social progress.
c) Value assumptions - assumptions about the way things ought to be, about right and
wrong.

Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

Essay. 13
ACTIVITY
1. As the determinants of behavior it says that behavior can be hereditary, in relation to the
causes of crime in the study of Cesare Lombroso, he said that criminal behavior can also be
hereditary and once your ancestors are law violators the descendants may also inherit such
behavior. What are your opinions about these statements?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
63
 ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

LESSON 14

LEARNING
OBJECTIVES:
At the end of the lesson the students must be able to:
 Identify laws which protects the children-in-conflict with the law; and
 Determine what agency of the government gives protection to those juvenile delinquents.

Children-in-conflict
with the law

Juvenile delinquency is the participation by a minor child, usually between the ages of 10 and
17, in illegal behavior or activities. Juvenile delinquency is also used to refer to children who exhibit a
persistent behavior of mischievousness or disobedience, so as to be considered out of parental
control, becoming subject to legal action by the court system. Juvenile delinquency is also known as
“juvenile offending,” and each state has a separate legal system in place to deal with juveniles who
break the law. 

What is Juvenile Delinquency

Juvenile delinquency occurs when a minor violates a criminal statue. When a juvenile commits
a crime, the procedures that take place differ from those of an adult offender. In all states, juvenile
64
court systems, and juvenile detention facilities, deal specifically with underage offenders. While it is
common for state statutes to consider people under the age of 17 as minors, the justice system can
charge minors even younger as adults, if the crime committed is very serious.

Juvenile Delinquents
Juvenile delinquents are often defined as children between the ages of 10 and 17 who have
committed a criminal act. There are two main types of offenders: repeat offenders and age specific
offenders.

Repeat Offenders
Repeat offenders are also known as “life-course persistent offenders.” These juvenile
delinquents begin offending or showing other signs of antisocial behavior during adolescence. Repeat
offenders continue to engage in criminal activities or aggressive behaviors even after they enter
adulthood.

Age-Specific Offenders
This type of juvenile delinquent behavior begins during adolescence. Unlike the repeat
offenders however, the behaviors of the age-specific offender ends before the minor becomes an
adult.

The behaviors that a juvenile shows during adolescence are often a good indicator of the type of
offender he will become. While age-specific offenders leave their delinquent behavior behind when
they enter adulthood, they often have more mental health problems, engage in substance abuse, and
have greater financial problems than adults who were never delinquent as juveniles.

Risk Factors and Predictors of Juvenile Delinquency

Many children garner the label of juvenile delinquent early, often between the ages of 6
and 12 years. Many juvenile behaviors during the pre-teen and teenage years may be considered
normal behavior for children, as they stretch their boundaries, and struggle to develop their self
perception. There are, however, certain signs that a child might be headed in a bad direction.
Predictors of juvenile delinquencies may appear as early as preschool, and often include:

 Abnormal or slow development of basic skills, such as speech and language

 Chronic violation of the rules
 Serious aggressive behavior toward other students or teachers
Studies have found that a number of life circumstances constitute risk factors for a child to
become a juvenile delinquent. While these are many and varied, the most common risk factors for
juvenile delinquency include:

 Authoritarian Parenting – characterized by the use of harsh disciplinary methods, and

refusal to justify disciplinary actions, other than by saying “because I said so.”
 Peer Association – usually resulting from leaving adolescents unsupervised,
encouraging a child to engage in bad behaviors when acting with his peer group.
 Low Socioeconomic Status
 Permissive Parenting – characterized by lack of consequences for bad behavior,
permissive parenting can be broken down into two subcategories: (1) neglectful
parenting, which is a lack of monitoring a child’s activities, and (2) indulgent parenting,
which is the enablement of bad behavior.
 Poor School Performance
 Peer Rejection
 ADHD and other mental disorder

Dealing with Juvenile Delinquency

65
 The procedures followed in the juvenile justice system differ greatly from those followed for
adult offenders. Each state has specific programs or systems that deal with juvenile offenders.
Juvenile offenders come into police contact in number of ways. Some are caught committing a
crime and arrested, others are referred to police by parents or school officials. Once the police
have become involved, they may choose to deal with a juvenile offender in several ways. The
police can:

 issue a warning and release of the minor

 detain the minor and notify the parents to pick him up
 refer the case to juvenile court
 arrest the minor and refer the case to juvenile court
If the case goes to court, the minor and the parents meet with a juvenile court intake
officer. The intake officer can handle the case informally, referring the juvenile to a probation
officer, he can dismiss the case, or he can file formal charges. When deciding whether to file
charges, officers often consider:

 the offense
 the offender’s age
 the offender’s previous record
 the offender’s educational or social history
 the ability of the parents to control the offender’s behavior or seek help
If dealt with informally, the minor reports to a probation officer, and is given advice and
ordered to perform community service, pay fines, attend treatment, or enter probation.
If  charges are filed in juvenile court, the minor is arraigned, at which time his charges are read
before a judge. The judge then decides whether to detain or release the juvenile until the hearing
takes place. After appearing in court, three things are possible:

i. Plea Agreement – the minor may enter a plea agreement with the court. This often requires
the juvenile to comply with certain conditions, such as attending counseling, obeying a curfew,
or paying restitution.

ii. Diversion – the judge may divert the case, which means he retains control over the matter
until the juvenile successfully completes treatment programs or performs community services.
If the juvenile fails to comply, formal charges may be reinstated.

iii. Adjudicatory Hearing – the judge may decide to have an adjudicatory hearing, which is a trial
in a juvenile case. While both sides argue the case and present evidence, a juvenile trial takes
place in front of a judge, not a jury. If, at the end of the hearing, the judge decides the juvenile
is delinquent, he may order punishments such as probation, community service, or even
detention in a juvenile center.

Related Legal Terms and Issues

 Criminal Arraignment – The arraignment process is used for criminal cases only. In some
jurisdictions, criminal arraignment is only used in felony cases.
 Hearing – A proceeding before the court at which an issue of fact or law is heard, evidence
presented, and a decision made.
 Offender – A violation of law or rule, the committing of an illegal act.
 Restitution – The restoration of rights or property previously taken away or surrendered;
reparation made by giving compensation for loss or injury caused by wrongdoing.
 Trial – A formal presentation of evidence before a judge and jury for the purpose of determining
guilt or innocence in a criminal case, or to make a determination in a civil matter.

Preventing Juvenile Delinquency

66
Prevention of juvenile delinquency serves at-risk youths, their families, and the public, as it can put a
stop to the transition of juvenile offenders to adult offenders. Prevention services are offered by a
number of government and private agencies, and include such services as:
 Substance Abuse Treatment
 Family Counseling
 Individual Counseling
 Parenting Education
 Family Planning Services

The availability of education, and encouragement of minors in obtaining an education, plays a

large role in prevention of juvenile delinquency. This is because education promotes social cohesion,
and helps children of all ages learn to make good choices, and to practice self-control.

The PPA and the CICL (Children in Conflict with the Law)

The provision from juvenile probation has been embodied in Article 80 of the Revised Penal
Code since its enactment in 1932. Thus, sentence was suspended for offenders less than 16 years of
age accused of a grave or less felony, who were then placed in the care and custody of private and
public entities. This law was amended on December 10, 1974 by Presidential Decree No. 603 known
as the Child and Youth Welfare Code, and by Presidential Decree No. 1179 which set the age of
minority to below 18 years of age at the time of the commission of the offense. Likewise, Republic Act
6425 or the Dangerous Drug of 1972 provided for the suspension of sentence and probation of first-
time offenders under 18 years of age at the time of the commission of the offense but not more than
21 years of age at the time when judgment should have been promulgated. This was amended on
June 7, 2002 by Republic Act 9165 or the Comprehensive Dangerous Drug Act of 2002. In Section 57
of the R.A. 9165, a drug dependent who is charged as rehabilitated of the Department of Health
Accredited Center through the voluntary submission program, but does not qualify for exemption for
criminal liability under Sec 55 of said Act, may be charged under the provisions of the same Act, but
shall be placed on probation and undergo a community service in lieu of imprisonment and or a fine
of in the discretion of the court, without prejudice to the outcome of any pending case filed in court.

In Section 70 of the said Act, its states that the promulgation of the sentence, the court may, in
the discretion, place the accused first-time minor offender under probation, even if the sentence
is higher than that provided under existing law on probation, or imposed community service
in lieu of imprisonment.
Republic Act 9344, otherwise known as Juvenile Justice and Welfare Act which was
approved and signed on April 28, 2006, and took effect on May 20, 2006, provides the convicted and
sentenced Child in Conflict with the Law be placed on probation in lieu of service of his/her sentence
taking into account the best interest of a child.

Children in Conflict with the Law

 R.A. 9344
 R.A. 10630
 “SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under
at the time of the commission of the offense shall be exempt from criminal liability. However,
the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
 “A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless
he/she has acted with discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
 “The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws.”
 “SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal
Responsibility.
A child who is above twelve (12) years of age up to fifteen (15) years of age and who
commits parricide, murder, infanticide, kidnapping and serious illegal detention where the
victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or car napping
where the driver or occupant is killed or raped or offenses under Republic Act No. 9165

67
(Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of
imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as
amended, and shall be mandatorily placed in a special facility within the youth care faculty or
‘BahayPag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).

68
Name: _________________________________
Course/Year:____________________________Score:_________________
Date: __________________________________

ACTIVITY 14

Essay.

1. Juvenile delinquents are children who transgress or violates law that need to be punished.
But instead of incarceration our State provides programs and protection to those juveniles for
their treatment to become a law abiding citizen once they finished the program provided for
them. But most of the syndicates or some other people took advantage of such law and use
juveniles to commit crimes for them, because they know that children are protected under the
law specially made for them. In your opinion, do you think that these laws are just enough
concerning the rights of the child and not considering the people who use them as the actor of
committing crimes?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

69