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Module 1.CRIM 2.
Module 1.CRIM 2.
Please note that this module is strictly for students officially enrolled in Villamor College of Business and Arts.
Re-printing, re-distribution, or re-selling of the module is strictly prohibited by the institution.
A. LESSON PROPER
I. THEORY - Definition
Any system of ideas arranged in rational order that produce general principles
which increase our understanding and explanation.
Derived from, and representative, of particular facts, but those principles are not
dependent upon the particular thing to be explained.
Foundation of criminology and of criminal justice.
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perceived as controlled by other wordly forces – the devil. Existence of demons (evil
beings) only confirms a fact that God exists.
2. Positivist Theory
Theories which existed before positivist theory of crime were phrenology and
physiognomy theories. John Lavater, the physiognomist, thought that the shape of the
skull and some facial features had an impact on a human behavior and actions. Later,
positivist theorist of crime Cesare Lombroso took Lavater ideas and began exploring
other physical traits of a body. Lombroso, the criminal anthropologist, not only
researched the facial features and the shape of the skull, but social conditions of
individual like unemployment and medical history of illness. He compared large number
of criminals and non-criminals using human physical traits like: ear size, hair length and
other. Goring, the main critic of Lombroso, conducted the research on crime heredity,
but didn’t find any differences in facial features or other human physical traits between
prison inmates, asylum inhabitants and non-criminals. The only physical difference
Goring found between an experimental and control group was the significant dissimilarity
in body weight and stature.
The criminals in Goring’s research tend to have the lower weight and small
stature. Positivist’s theorist of crime argued that human behavior is pre-disposed and
fully determined by individual differences and biological traits. In short, terms, what
drives people towards crimes is not a matter of free-will. The positivist crime theorist and
criminal anthropologist Cesare Lombroso made attempts to scientifically prove his theis
that criminal offenders were physically different from non-offenders. Lombroso stated
that atavistic features are more akin to savages and criminal offenders. This view was
held by many biological positivists.
Positivist theory of crime presumed the scientific study of criminal behavior
should find the “causes” of such behavior. They also believed that the causes of crime
are beyond the control of the individual. Explanations of positivist theory were
deterministic. Lombroso was influenced by Darwinian principles of evolution and used
these ideas to support a thesis on inferiority of criminals. Positivist theory of crime
implemented the idea of social Darwinism that individuals or groups develop certain
physical and psychological attributes, which allow them to function more efficiently in the
social and natural environment.
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We can object to positivist theories of crime that the theories never accepted the
idea about the equality of gender roles. Lombroso thought that males were more lenient
to a crime, because they were more masculine that females in general. Italian historian
Renzo Villa thought that Lombroso’s attempt to identify signs of criminality contextual
development of nineteenth-century penal science and medicine. The positivist theory of
crime understanding was limited on the external appearance or phenotype properties as
the way to identify the physical characteristics, which were present in criminal approach
of phrenology.
This theory acts on the proposition that one who commits a crime cannot morally
comprehend the wrongfulness of his actions in the same way individuals of average
intelligence or who are socially accepted, etc. are able to do so. The mind of these
individuals has been affected in a particular way and therefore does not have the
capability to make a conscious, rational choice to obey the law. Unfortunately, a case
can be made based on this theory regarding shooting on school campuses where
students have murdered fellow students usually because of some type bullying involved.
In early 1800s, public executions used to be commonplace. The idea was
that society would be afraid of the public punishment that came with wrongdoing and
adjust their actions. This reasoning for punishment aligns with a view known as
utilitarianism. Utilitarianism is a theory that one is motivated by pleasure and the fear of
pain, so punishment can be used as a deterrent to commit crimes. In the mid-1800s,
ideas about criminals and punishment started to evolve. Positivist criminology began
to emerge, which is the study of criminal behavior based upon external factors.
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4. Classical Theory
Critical theory derives from the Greek word kritikos which means judgment or
discernment, and in its present form goes back to the 18th century.
Classical theory in criminology has its roots in the theories of the 18 th century
Italian nobleman and economist, Cesare Beccaria and the English philosopher, Jeremy
Bentham. This was a time in history when punishment for crime was severe in the
extreme, and both men proffered the theory of utility. New theorists like Beccaria and
Bentham looked at the causes of criminal and delinquent behavior, and began to
scientifically explain such deviance. They rejected theories of naturalism and
demonology which characterized the European Enlightenment as explanations for these
types of behavior. The new theories reflected the rationalism and humanitarianism of the
philosophy of the Age of Enlightenment.
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Beccaria did not develop a completely new theory of criminology, but rather
sought a way to make the punishment for committing a crime more rational. He believed
that there should be a hierarchy of punishments for more and more serious crimes and
the number of times a criminal had been charged previously. The circumstances under
which the death penalty was imposed would depend entirely on the severity of the crime
and not the actual act committed or the degree of involvement in the act. He was against
judges having the broad discretion they possessed and favored definite punishments
fitting each crime.
He published an historic piece, An Essay on Crimes and Punishment, in 1764,
discussing why crime occurs and what society should do about it. He advocated a
proposition that punishment should be swift, certain, and proportional to the crime. He
also advocated the abolition of both corporal and capital punishment, a revolutionary
idea in his time. His work was promoted by Bentham, particularly in his book, An
Introduction to the Principles of Morals and Legislation. Beccaria and Bentham believed
that people committed crimes when they believed that the chance of rewards to them
would be greater than the likelihood of punishment.
It was the pain/pleasure view of human behavior: that human sought to gain
pleasure and avoid pain. These men believed that people acted on the principle of free
will: they made a choice of behaviors to indulge in and therefore should suffer the
consequences if caught in criminal acts. The emphasis on human-centered rationality
led these theorists to the position that perpetrators of crimes should be held personally
responsible for their actions and punished according to the severity of the crime. Under
these circumstances, criminal law must match the needs of the individual to the needs of
society as a whole, with neither wishing a crime to be committed.
Classical theory of crime explains that crime is a product of believes that benefits
of committing crimes are far greater. People opt in decisions making between two
scenarios A and B. A scenario is: a “crime isn’t profitable because you will get caught”
and B scenario presents certainty in decision making “that you will never get caught”.
Most of the criminals think they’ll never get caught.
Main principles of classical school of criminology were:
1. Crime is a rational choice, and most people are capable to commit crimes.
2. People will commit a crime after they have compared potential costs and benefits
of such actions.
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3. Most of the people fear punishment, and the certainty, severity and speed of
punishment will have an impact on the level of crime.
4. Punishment needs to fit a crime and individual differences of perpetrators
shouldn’t have an influence on the punishment.
5. The criminal justice system needs to be predictable, while laws and punishments
must be known to public.
Proportionality in criminology means that crime must fit a crime. The first model
of proportionality in applying punishments was lex talionis or law of retaliation. Crime is a
behavioral human characteristics a nd a choice. Suggests that people think before
Similar to the choice theory, this theory suggests that people think before they
proceed with criminal actions; that when one commits a crime, it is because the
individual decided that it was advantageous to commit the crime. The individual commits
the crime from his own free will being well aware of the punishment. This theory, along
with choice theory, derived its basis from what John Locke penned “The Social
Contract.” Locke proposed that all citizens are equal. And that there is an unwritten but
voluntary contract between the state and its citizens, giving power to those in
government and defining a framework of mutual rights and duties. In Leviathan, Thomas
Hobbes wrote, “The right of all sovereigns is derived from the consent of every one of
those who are to be governed.” This way of thinking enforcers the idea that we, as
citizens, agree to follow the laws of the government in return for our protection and
sustenance which is very different from early European authoritarianism.
5. Conflict Theory
On a different spin, conflict theory holds that crime results from the conflicts in
society among the different social classes, and those laws actually arise from necessity
as a result of conflict, rather than a general consensus. The fundamental causes of
crime are the social and economic forces operating within society. The criminal justice
system and criminal law are thought to be operating on behalf of rich and powerful social
elites, with resulting policies aimed at controlling the poor. The criminal justice
establishment aims at imposing standards of morality and good behavior created by the
powerful on the whole of society. Focus is on separating the powerful from the have-nots
who would steal from others and protecting themselves from physical attacks. In the
process the legal rights of poor folks might be ignored. The middle class are also co-
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opted; they side with the elites rather the poor, thinking they might themselves rise to the
top by supporting the status quo.
Thus, street crimes, even minor monetary ones are routinely punished quite
severely, while large scale financial and business crimes are treated much more
leniently. Theft of a television might receive a longer sentence than stealing millions
through illegal practices.
The initial thought that one can have about social conflict theory is how to tackle
the task of defining it when it is such a broad theory and when it has influenced so many
sociologists, philosophers, and other thinkers alike. One way to define it is to, go to its
source and to break it apart piece by piece. It all stemmed from the thought of one man,
his name wa Karl Marx (1818 – 1883) was a German philosopher; a political economist
and some think he was also a revolutionary. Although he did not write extensively about
crime he was credited with coming up with the basis for social conflict theory. Those that
have studied his studied his writings and his work and that have sided with him are often
called Marxist criminologists or sometimes are simplify referred as radical criminologists
or critical criminologists. From this main theory have branched out some sub theories
such as left realism, radical feminism, peacemaking and postmodernism.
Conflict theory is a theory propounded by Karl Marx that claims society is in a
state of perpetual conflict due to competition for limited resources. It holds that social
order is maintained by domination and power, rather than consensus and conformity.
According to conflict theory, those with wealth and power try to hold on to it by any
means possible, chiefly by suppressing the poor and powerless.
Marx’s conflict theory focused on the conflict between two primary classes. The
bourgeoisie represents the members of society who hold the majority of the wealth and
means. The proletariat includes those considered working class or poor. With the rise of
capitalism, Marx theorized that the bourgeoisie, a minority within the population, would
use their influence to oppress the proletariat, the majority class.
The uneven distribution within conflict theory was predicted to be maintained
through ideological coercion where the bourgeoisie would force acceptance of the
current conditions by the proletariat. Marx further believed that as the working class and
poor were subjected to worsening conditions, a collective consciousness would bring the
inequality to light and potentially result in revolt. If conditions were subsequently adjusted
to address to concerns of the proletariat, the conflict circle would eventually repeat.
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Please note that this module is strictly for students officially enrolled in Villamor College of Business and Arts.
Re-printing, re-distribution, or re-selling of the module is strictly prohibited by the institution.
6. Critical Theory
Critical theory upholds the belief that a small few, the elite of the society, decide
laws and the definition of crime; those who commit crimes disagree with the laws that
were created to keep control of them.
Critical criminology sees crime as a product of oppression of workers,
(particularly, the poorer sections) and less advantaged groups within society, such as
women and ethnic minorities, are seen to be the most likely to suffer oppressive social
relations based upon class division, sexism and racism. More simply, critical criminology
may be defined as any criminological topic area that takes into account the contextual
factors of crime or critiques topics covered in mainstream criminology.
The core concepts of critical theory are as follows:
1) That critical social theory should be directed at the totality of society in its
historical specificity (i.e. how it came to be configured at a specific point in time),
and
2) That critical theory should improve understanding of society by integrating all the
major social sciences, including geography, economics, sociology, history,
political science, anthropology, and psychology.
Critical theory as it is known today can be traced to Marx’s critique of economy
and society put forth in his many works. It is inspired greatly by Marx’s theoretical
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VILLAMOR COLLEGE OF BUSINESS AND ARTS, INC.
Please note that this module is strictly for students officially enrolled in Villamor College of Business and Arts.
Re-printing, re-distribution, or re-selling of the module is strictly prohibited by the institution.
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VILLAMOR COLLEGE OF BUSINESS AND ARTS, INC.
Please note that this module is strictly for students officially enrolled in Villamor College of Business and Arts.
Re-printing, re-distribution, or re-selling of the module is strictly prohibited by the institution.
Criminaloids had difficulties during their childhood and can occasionally behave
delinquently. Pseudo criminals are insane persons and those who committed crime in
self-defense. Habitual criminals had a poor education during their childhood or have
been in social interaction with criminals.
Further studies of Lombroso’s thesis were made by Goring in 1913 and Hooton
in 1939.
Goring contests Lombroso’s thesis based on the experiment he made on 3000
criminals and non-criminals. Goring didn’t find any physical abnormalities or traits on
criminals. He criticized Lombroso on the issue of born criminal and found that such
thesis is inaccurate as well as dangerous. Goring concluded that no one is criminal until
he or she commits a crime.
Hooton confirms Lombroso’s thesis based on the research he made on 14000
criminals and 3000 non-criminals from 10 Federal states of U.S.
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VILLAMOR COLLEGE OF BUSINESS AND ARTS, INC.
Please note that this module is strictly for students officially enrolled in Villamor College of Business and Arts.
Re-printing, re-distribution, or re-selling of the module is strictly prohibited by the institution.
B. ASSESSMENT
Instruction: Assessment on this module will be in Neo.
Study this module well and prepare for your oral recitation on the scheduled
online class via Skype. For more questions and clarifications, send your
message on my email account (kmompad@gmail.com).
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