Crimsoc 3:Human Behavior and Victimology

Module 4: Criminal Behavior and Intelligence

Sub Topic: Criminal Law and Revised Penal Code

Welcome Notes:
WELCOME CRIMINOLOGY STUDENTS

I. INTRODUCTION:

This module introduces the definitions of Criminal Behavior, origin of criminal behavior, human
Intelligence, Criminal Law and Intelligence and the Revised Penal Code of the Philippines. These
include the topics on Criminal Behavior and Intelligence, the Binet Scale of Human Intelligence, the
McNaughton Rule of Criminal law, the Durham Rule and the ALI Substantial Capacity test.

II. OBJECTIVES:

At the end of this module, you will be able to:

 Identify the definition of Criminal Behavior and Intelligence.
 Classify the Binet Scale of Human Intelligence.
 Describe the Criminal Law of the Philippines and Revised Penal Code.

III. PRELIMINARY ACTIVITIES:

Before you proceed to the main lesson, let’s complete this activity.
 Crimsoc 3:Human Behavior and Victimology

Directions: Read the summary of the video about Criminal Intelligence.

https://
www.youtube.com/watch?v=z9tDVJ-VLG0

Criminal Intelligence is information compiled, analyzed, and/or disseminated in an effort to

anticipate, prevent, or monitor criminal activity. The United States Army Military Police defines criminal
intelligence in more detail; criminal intelligence is information gathered or collated, analyzed,
recorded/reported and disseminated by law enforcement agencies concerning types of crime, identified
criminals and known or suspected criminal groups. It is particularly useful when dealing with organized
crime. Criminal intelligence is developed by using surveillance, informants, interrogation, and research, or
may be just picked up on the "street" by individual police officers .

GREAT!!!
You may now proceed to the main lesson.

IV. DEVELOPMENT OF THE LESSON

LET’S BEGIN!

Based on the preliminary activities, what did you notice about it?

________________________________________________________

CONGRATULATIONS!

You may now proceed to the lesson.

 Crimsoc 3:Human Behavior and Victimology

CRIMINAL BEHAVIOR

 It refers to conduct of an offender that leads to and including the commission of an unlawful act.
 It refers to behavior, which is criminal in nature; a behavior which violates the law.

According to Goldoozian, for Human behavior to be considered as a crime, three elements are necessary:
1. Legally, the criminal act should be prohibited by law.
2. Materially, the criminal act should be executed or realized.
3. Spiritually, the criminal act should be accompanied by criminal intention or guilt. These 3 elements
must be present for an act to be labeled as a crime.

ORIGIN OF CRIMINAL BEHAVIOR

1. Biological Factor – heredity as a factor implies that criminal acts are unavoidable, inevitable
consequences of the bad seed or bad blood. It emphasizes genetic predisposition toward antisocial
and criminal conduct.
2. Personality Disorder Factor – a factor which refers to an act that exhibits a pervasive pattern of
disregard for and violation of the rights of others that begins in childhood or early adolescence and
continues into adulthood such as Anti-Social Personality Disorder (Psychoanalytic Theory-
Sigmund Freud )
3. Learning Factor – explains that criminal behavior is learned primarily by observing or listening to
people around us. The following are related learning theories; to wit:
a. Different Association Theory ( Edwin Sutherland )
b. Imitation Theory ( Gabriel Tarde )
c. Identification Theory ( Daniel Classer )
4. Biological Approach – points to inherited predispositions and physiological process to explain
individual differences in personality. It is a perspective that emphasizes the role of biological
processes and heredity as the key to understanding behavior.
5. Humanistic Approach – identifies personal responsibility and feelings of self-acceptance as the key
causes of differences in personality. This perspective focuses on how humans have evolved and
adapted behaviors required for survival against various environmental pressures over the long
course of evolution.
6. Behavioral / Social Learning Approach- It explains consistent behavior patterns as the result of
conditioning and expectations. This emphasizes the role of environment in shaping behavior.
 Behavioral Personality Theory – It is a model of personality that emphasizes learning
and observable behavior.
 Crimsoc 3:Human Behavior and Victimology

 Social Learning Theory - It is an explanation of personality that combines learning

principles, cognition, and the effort of social relationships.
 Self – reinforcement – this is the praising or rewarding oneself for having made a
particular response.
 Identification – it is a feeling from which one is emotionally connected to a person and a
way of seeing oneself as himself or herself. The child admires adults who love and care
for him/her and this encourages imitation.
7. Cognitive Approach – looks at differences in the way people process information to explain
differences in behavior. This perspective emphasizes the role of mental process that underlies
these behaviors.

HUMAN INTELLIGENCE

 mental quality that consists of the abilities to learn from experience, adapt to new
situations,
Stanford–Binet Fifth Edition (SB5) classification[5] understand and
handle abstract
concepts, and
IQ Range ("deviation IQ") IQ Classification use knowledge to
manipulate.
145–160 Very gifted or highly advanced

130–144 Gifted or very advanced 20 – 49

Imbecile - Severe
120–129 Superior Below
20 Idiot -
Profound
110–119 High average
CRIMINAL LAW
AND INTELLIGENCE
90–109 Average
What does the M’ Naghten rule
mean?
M'Naghte 80–89 Low average n Rule is a test
applied to determine
whether a person 70–79 Borderline impaired or delayed
accused of a
crime was sane at the time of its

55–69 Mildly impaired or delayed

Moderately impaired or
40–54
delayed
 Crimsoc 3:Human Behavior and Victimology

commission and, therefore, criminally responsible for the wrongdoing. The M'Naghten rule is a test for
criminal insanity.
It is a test for criminal insanity. Under the M'Naghten rule, a criminal defendant is not guilty by
reason of insanity if, at the time of the alleged criminal act, the defendant was so deranged that she did not
know the nature or quality of her actions or, if she knew the nature and quality of her actions, she was so
deranged that she did not know that what she was doing was wrong.

You may visit the link: https://www.youtube.com/watch?v=t8_PhK3UOL8 for the related video.

The Durham Rule: The Basics

 According to the Durham Rule, a criminal defendant can't be convicted of a crime if the
act was the result of a mental disease or defect the defendant had at the time of the
incident.
 It has often been referred to as the "product defect rule," but doesn't require a medical
diagnosis of mental illness or disorder. Federal courts and all but one state court
rejected it for being too broad. For example, drug addicts were able to use the defence
to successfully avoid conviction for crimes related to their addiction.
You may visit the link: https://www.youtube.com/watch?v=u2Pax5WfDaM for the related video.

The Durham Rule or "product test" was adopted by the United States Court of Appeals for the District of
Columbia Circuit in 1954, in the case of Durham v. U.S. (214 F.2d 862), and states that "... an accused is
not criminally responsible if his unlawful act was the product of mental disease or defect". Durham was later
overturned in the case U.S. v. Brawner, 471 F.2d 969 (1972). After the 1970s, U.S. jurisdictions have
tended to not recognize this argument as it places emphasis on "mental disease or defect" and thus on
testimony by psychiatrists and is argued to be somewhat ambiguous.

WHAT Is ALI “Substantial Capacity” Test?

 ALI test is a test established by the American Law Institute Model Penal Code which provides that
a defendant would not be criminally responsible for conduct if "as a result of mental disease or
defect, he lacked substantial capacity either to appreciate the wrongfulness of his conduct or to
conform his conduct to the requirements of the law." [United States v. Brown, 326 F.3d 1143, 1146
(10th Cir. 2003)].

THE REVISED PENAL CODE-

 Article 12 of the Revised Penal Code exempts an insane person from criminal liability, except if the
person "acted during a lucid interval."
 The latest known success of an insanity plea in the Philippines was decided by the Supreme Court
just last year, when the High Court reversed judgment and acquitted Solomon ...Mar 26, 2017

 Crimsoc 3:Human Behavior and Victimology

You may visit the link: https://www.youtube.com/watch?v=0b3zhKuOsYE for the related video about
article 12: Circumstances which exempt from criminal liability.

The Revised Penal Code

 It contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect
today, despite several amendments thereto. 3815 and some Philippine criminal laws have been
enacted outside of the Revised Penal Code as separate Republic Acts.
 Enacted by: Governor-General of the Philippine
 Enacted on: December 8, 1930
 Republic Act 9344 otherwise known as Juvenile Justice and Welfare Act of 2006, as amended by
Republic Act 10630, raised the criminal exemption from 9 to 15 years old. In addition, a person of
this age is totally exempted, whether he/she acted with or without discernment during the
commission of crime.

We had just finished the discussion on: Criminal Behavior and

Intelligence. Let’s move on to the next higher level of activity/ies or exercise/s that
demonstrate your potential skills/knowledge of what you have learned.