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Introduction to Criminology

Module

ARMANDO A. ALVIOLA, PhD Crim., PhD Educ. Mngt.


Instructor

College of Arts and Sciences


BSCriminology

2021
Introduction to Criminology

VISION
A provide of relevant and quality education to a
society where citizens are competent, skilled,
dignified and community- oriented.

MISSION
An academic institution providing technological,
professional, research and extension programs to
form principled men and women of competencies
and skills responsive to local and global
development needs.

QUALITY POLICY
Northwest Samar State University commits to
provide quality outcomes-based education,
research, extension and production through
continual improvement of all its programs, thereby
producing world class professionals.

CORE VALUES
Resilience. Integrity. Service. Excellence.

INSTITUTIONAL GRADUATE OUTCOMES


Creative and critical thinkers
Life-long learners
Effective communicators
Morally and socially upright individuals
Introduction to Criminology

About the Author

ARMANDO A. ALVIOLA, Ph.D


Education Doctor of Philosophy in Criminology
Philippine College of Criminology
Manila

Doctor of Philosophy
major on Educational Management

Master of Science in Criminology


(Graduated with Academic Distinction)
Philippine College of Criminology
Manila

Bachelor of Science in Criminology


Negros Oriental State University

Eligibilities Registered Criminologist


Registered Professional Teacher

Work Dean, College of Arts and Sciences


Northwest Samar State University (NwSSU)
Calbayog City
(at present)

Dean, College of Criminal Justice Education


Negros Oriental State University (NORSU)
Dumaguete City

Chairman, Criminology Program


Northwest Samar State University (NwSSU)
(2009 – 2013)

Affiliation Professional Criminologist Association of the Philippines, Inc


(PCAP)

Philippine Public School Teachers Association (PPSTA)


Introduction to Criminology

Course Code: CRIM 101

Course Title: Introduction to Criminology

Course Description: This course provides the basic understanding of a theory, its
development, and application to the etiology of crime, and its use to understanding
human, criminal and deviant behaviors. It includes the historical evolution of
criminology, the different school of thoughts, the process of measuring crime, as it relates
to criminological research, the divisions and scope of criminology, and the justice system.
This course also introduces Criminology as a profession in the Philippines. (CMO. 05, S.
2018)

Course Outcomes:

At the end of the course, your students must be able to:


1. Explain the concepts of Criminology, the different schools of thoughts in
criminology and Reflect R.A. 11131
2. Discuss what crime and criminal is and why it exists according to different
theories.
3. Explicate the causes of crime according to different theories
4. Discuss Victimology
5. Reflect what law is, the concepts of criminal law and how it is administer.
Introduction to Criminology

Course Content:

Date of
Week Course Learning Outcomes Topics Assessment
Submission
1-3 Upon completion of this
module, students are expected Module 1 – Overview of Criminology
to have the following A. The Meaning of Criminology
competencies: B. Nature and Scope of Criminology
C. Purpose and Goals of Studying
1. Knowledgeable of Criminology
the Basics of D. Different Principal Divisions of
Criminology Criminology
E. Different School of Thoughts in
2. Differentiate the Criminology
different School of F. Various Studies/Sciences and
thoughts in Agencies/Sectors associated to
Criminology and the Criminology
Scientific Study of G. R.A. 11131
Criminology

1. 3. Gain in-depth
understanding of R.A.
11131
4-6 Upon completion of this
module, students are expected Module 2 – Crime Concepts
to have the following A. Crime Defined and its Elements
competencies: B. The Three Ingredients of Crime
C. Crime Typologies
1. Understand Crime D. General Categories of Crimes.
Elements and E. Legal Classifications of Crimes.
Ingredients. F. Criminological Classifications of
Crimes.
2. Familiarize Crime G. Classifications of Criminals
typologies and its according to Criminological
classifications. Reference.
H. Classifications of Criminals
according to The Revised Penal
Code.

7-9 Upon completion of this


module, students are expected Module 3 – Criminal Etiology
to have the following A. Criminal Etiology Defined
competencies: B. Earlier Explanations of the
Existence of Criminality
1. Understand C. Biological Explanations of
Criminal Etiology. Criminality.
D. Heredity Crimes.
2. Identify the E. Psychological and Psychiatric
Different Explanations of Criminality.
Explanations of F. Mental Disturbances and Crimes.
Criminality G. Sociological Explanations of
Criminality
Introduction to Criminology

11 - 13 Upon completion of this


module, students are expected Module 4 – VICTIMOLOGY
to have the following A. Victimology defined and its
competencies: goals.
B. Different Types of Victims.
1. Understand C. The Nature of Victimization
Victimology and its D. Characteristics that Increase the
goals. potential for Victimization.
E. Psychological Effects of
2. Differentiate Types Victimization.
and Theories of F. Services provided to victims
Victimization.
3. Knowledgeable of the
Psychological Effects
of Victimization and
the Services provided
to the Victims.
14 - 18 Upon completion of this
module, students are expected Module 5 – Introduction to Criminal
to have the following Law
competencies: A. Definition of Law and its
Branches
1. Familiarize and B. Origin and Goals of Law.
Understand Law and C. Ideal Characteristics of Criminal
its Branches. Law.
D. Development of Criminal Law.
2. Understand the E. Philippine Criminal Law.
Concepts and F. Circumstances affecting Criminal
Characteristics of Liability.
Law.

1. 3. Gain In-depth
Understanding of
Philippine Criminal
Law and the
Circumstances that
affects Criminal
Liability
Introduction to Criminology

Course Requirements:
In general, the requirements of CRIM 101 are as follows:
 Term Paper

Grading Criteria:
Requirement/Assessment Task Percentage
Major Course Output 20%
Major Exams 40%
Class Standing 40%
TOTAL 100%

Course Materials:

 Course policies
Students shall prohibit doing the following:
1. Tardiness – A student will be marked “late” if he/she enters the class 15
minutes after the indicated time. Any student who incurred four (4) tardy slips
shall be marked “1 Day Absent” as equivalent.
2. Attendance – A student shall attend at least 80% of the class period/hours
3. Missed Periodical Exam – Any student who missed periodical exam should
refer to the instructor for immediate compliance.
4. Cheating – Any student who committed any form of academic dishonesty
shall be given disciplinary action provided in the NwSSU Student handbook.
5. Use of Technology – Cellular phones should be turned off while the session
is in progress. Using laptops, PC Notebook, Cellular phones and tablets are
prohibited unless the instructor is aware of the purpose and permit the student’s
request.

References:
Alviola, A. (2013). Introduction to CRIMINOLOGY and PSYCHOLOGY of CRIMES.
Introduction to Criminology

Module 1
Module Title: Overview of Criminology

Module Description: This module is all about Criminology and its Nature and Goals.
This module will also discuss the different Principal Divisions
and School of Thoughts in Criminology. It will also give
emphasis to the Republic Act 11131 that discusses the act
regulating the practice of criminology profession in the
Philippines.

Purpose of the Module: This module let the students learn the importance of the General
Knowledge in Criminology and the Concept of R.A. 11131 and
its relativity.

Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.

Module Outcomes: 1. Knowledgeable of the Basics of Criminology


2. Differentiate the different School of thoughts and the
Scientific Studies of Criminology
3. Gain In depth Understanding of R.A. 11131

Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that this module required.

Module Pretest: A recitation will be done to identify if they have an existing


knowledge of the module to be discussed

Key Terms: Criminology, Penology, Criminologist, behavior

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Introduction to Criminology

Learning Plan
Lesson No: 1

Lesson Title: Overview of Criminology

Let’s Hit These:


At the end of this lesson, students should be able to:
 Knowledgeable of the Basics of Criminology
 Compare the different School of Thoughts in Criminology and the Scientific
Study of Criminology
 Create a Deep Understanding of R.A. 11131

Let’s Get Started:

Instruction: Write the letter which corresponds the first word.

1. Criminology a. Act Punishable by law


2. Crime b. People living together
3. Criminal c. Scientific study of crimes & criminals
4. Behavior d. Person punished by law
5. Society e. The way one acts.

Let’s Find Out:

The activity will help them familiar the different necessary terms in studying
criminology. It will also help them to have better understanding of the subject.

Let’s Read:

Criminology Defined

Criminology is the scientific study of crime, criminals, and criminal behavior.


Criminologists scientifically study the following: the nature and extent of crime; patterns of
criminality; explanations and causes of criminal and criminal behavior; and the control of crime
and criminal behavior (Glick, 1995). The term “Criminology” (from the Latin-crimen,
accusation, and Greek-logia, study) was coined in 1885 by Italian law professor Raffaele
Garofalo as criminologia.

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


includes within its scope the process of making laws, of breaking laws, and of reacting toward
the breaking of laws. The objective of criminology is the development of a body of general and
verified principles and of other types of knowledge regarding the process of law, crime and
treatment or prevention (Sutherland & Cressey as cited by Adler, Mueller & Laufer, 1995)

In its broadest meaning, criminology is the body of knowledge regarding crimes,


criminals, and the effort of society to prevent and repress them. This means that criminology
is an interdisciplinary field of inquiry – that is, it draws knowledge from other disciplines such
as biology, psychology, psychiatry, sociology, law ,medicine, statistics, economics, and

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Introduction to Criminology

political science in order to provide and integrated approach in the study of crimes and criminal
behaviors.

In a narrower sense, Criminology is the scientific study of crimes and criminal behavior.
In a key sense, this is the central aspect of the definition of criminology. It specifies the very
essence of this course. This means that criminology is primarily concerned with knowing and
understanding the cause of crime and criminal behavior. It seeks to comprehend the reasons
behind the commission of crime. Furthermore, criminology is a science in itself. It applies
scientific methods of inquiry to the study of crimes and criminal behavior. Therefore,
criminology is not commonsense nor guesswork, but rather, the scientific study of crime. The
knowledge obtained through criminological research is based on empirical evidence.

Criminology is the scientific study of crime and delinquency as social phenomena. This
relatively young field of study has three principal divisions: (1) the sociology of law, which
examines how laws are made and enforced; (2) criminal etiology, which studies the causes of
crime; and (3) penology, which addresses society's response to crime and includes the study of
the criminal justice system. Criminologists are social scientists who utilize the research
methods of modern science to develop a body of general, verifiable principles regarding law,
deviance, and crime. Criminological analysis looks upon crime and deviance not as isolated
events but as highly complex forms of social behavior. To fully understand the meaning of
deviance and crime, the discipline goes beyond the legal definitions of crime and examines the
total social context within which deviance and lawlessness arise. In the process of studying the
causes of crime, a vast body of research has identified age, gender, ethnicity, social class,
family status, and community environments as major social correlates of crime.

Thus, criminology includes within its scope the activities of legislative bodies, law-
enforcement agencies (police), judicial institutions (courts), correctional institutions
(prisons and reformatories) and educational, private and public social agencies

There are four popular schools of Criminology, they are:


 Pre-Classical School.
 Classical School.
 Positivist School.
 Neo-Classical School.
Agencies and institutions that employ criminologists
 Correctional Facilities.
 Local, State, and Federal Courts.
 Financial Service Firms, Insurance Companies, and Banks.
 Counseling Agencies.
 Non-Profit Organizations.
 Department Stores and other Retailers.
 Private Investigation Firms.

Principal Divisions of Criminology (Tradio, 1999)


The study of criminology has three principal divisions:

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Introduction to Criminology

1. Criminal Etiology – an attempt at scientific analysis of the causes of crimes

2. Sociology of Law – an attempt at scientific analysis of the conditions under


which penal or criminal laws develop as a process of formal social control

3. Penology – concerned with the rehabilitation and treatment of offenders

Three Principal Divisions of Criminology (EdwinSutherland)

1. Sociology of law
2. Scientific analysis of the causes of crime
3. Crime control

Three Components of Criminology (Clarence Ray Jeffery)

1. Detection of the offender


2. Treatment of the offender
3. Explaining crime and criminal behavior

Purpose of Criminology

The purpose of criminology is to offer well-researched and objective answers


to four basic questions:

1. Why do crime rates vary?


2. Why do individuals differ as to criminality?
3. Why is there variation in reactions to crime?
4. What are the possible means of controlling criminality?

Goals of Studying Criminology

The study of criminology seeks to achieve the following goals:

1. To describe criminal behavior


2. To understand criminal behavior
3. To predict criminal behavior
4. To control criminal behavior

CRIMINOLOGY AS SOCIAL SCIENCE

Criminology is the study of crime, as indicated by the formative Latin terms


crimin (accusation or guilt) and -ology (study of). As an intellectual domain,
criminology comprises contributions from multiple academic disciplines, including
psychology, biology, anthropology, law, and, especially, sociology. Although the
defining statements of criminology are rooted across these diverse areas,
contemporary criminology is becoming ever more intertwined with still additional
sciences and professional fields such as geography, social work, and public health.

Various Studies and Sciences Related to Criminology

Criminology covers the following studies and sciences:

1. Law

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2. Sociology
3. Psychology
4. Medicine
5. Chemistry
6. Public Administration
7. Education
8. Theology
9. Economics

Nature of Criminology

Generally, criminology cannot be considered a science because it has not yet


acquired universal validity and acceptance. It is not stable, and it varies from one
time and place to another. However, considering that science is the systematic and
objective study of social phenomenon and other bodies of knowledge, criminology is
a science in itself when under the following nature.

1. It is an applied science.

The findings or knowledge obtained in the study of crimes and


criminal behaviors is used to resolve the crime problem and treatment of
criminals. In other words, criminologists investigate crimes in order to
generate practical solutions to the problem.

Applied science focuses on the practical application of the principles


discovered in basic science. Natural science, on the other hand, is concerned
with the physical nature or environment. In the study of the causes of
crimes, natural sciences such as anthropology, psychology, and sociology
may be applied. In like manner, applied sciences such as chemistry,
medicine, physics, mathematics, ballistics, polygraphy, legal medicine, and
questioned document examination may be utilized in crime detection.

2. It is a social science.

In as much as crime is a social creation that exists in a society being


a social phenomenon, its study must be considered a part of social science.
This means the study of criminology includes not only the study of crimes
and criminal behavior but also the reaction of society towards crime and
criminal behavior.

Social science refers to the intellectual and academic disciplines


designed to understand the social world objectively. It is the study of the
various aspects of human society.

3. It is dynamic.

Criminology changes as social condition changes. It is related with the


advancement of other sciences that have been applied to it.

This further means that criminology is relative. The study of crime


varies from place to place, generation to generation, and from culture to
culture. Behaviors that may be regarded as deviant or crime in one culture
may be conformist and highly valued in another. Also, those acts defined as

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criminal today may no longer be considered as criminal acts in the coming


years.

The study of crime changes when criminal laws, values, beliefs, social
structure, and other social factors change. Remember that crime is a legal
term. A behavior can be labeled as crime only when it is defined by law as
such. Thus, the study of crime changes when its definition changes.

4. It is interdisciplinary.

Many disciplines are involved in the study of crimes and criminal


behavior. Among them are sociology, psychology, psychiatry, economics,
political science, and so on.

5. It is nationalistic.

The study of crimes must be in relation with the existing criminal law
within the territory or country. Finally, the question as to whether an act is
a crime is dependent on the criminal law of a state.

Scope of Criminology

The study of criminology covers the following scope:

1. Study of the origin and development of criminal law or penal law

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

3. Study of the different factors that enhance the development of criminal


behavior such as:

a. Criminal demography – study of the relationship between criminality and


population

b. Criminal epidemiology – study of criminality in relation to spatial


distribution in a community

c. Criminal ecology – study of the relationship between environment and


criminality

d. Criminal physical anthropology – study of criminality in relation to


physical constitution of men

e. Criminal psychology – study of human mind and behavior in relation to


criminality

f. Criminal psychiatry – study of mental and behavioral disorders in


relation to criminality
g. Victimology – study of the role of the victim in crime commission

4. Study of the various measures and methods accepted by society in cases of


violation of criminal law such as:

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a. The detection of crimes

b. The arrest or apprehension of criminals

c. The prosecution of suspected law violators

d. The conviction of criminals in judicial proceedings

e. The imprisonment, correction, and rehabilitation of the criminal


convicted of a crime

f. The enforcement of laws, decrees, rules, and regulations

g. The administration of the police and other law enforcement agencies

h. The maintenance of recreational facilities and other auxiliary services to


prevent the development of crimes and criminal behavior.

Major Areas of Study in Criminology

1. Criminal Sociology – includes the fundamentals of criminology; juvenile


delinquency; human behavior and crisis management; ethics and community
relations; and criminal justice system.

2. Criminal Law and Jurisprudence – covers the study of the Revised Penal Code
and its amendments, and other laws that are penal in nature; criminal
procedure; and the law on evidence.

3. Law Enforcement Administration – embraces police organization; operational


planning; patrol; industrial security management; intelligence and secret
service; police records; and personnel management.

4. Crime Detection, Investigation and Prevention – consist of criminal, special and


arson investigation; vice control; traffic management and accident
investigation; and police report writing.

5. Criminalistics – covers the following areas:

a. Dactyloscopy – the science of fingerprinting


b. Police photography – study of the black and white and colored
photograph (both film-based photography and digital photography)
c. Polygraphy – the science of lie detection examination
d. Ballistics – study of firearms and bullets
e. Questioned document examination – study of disputed documents
f. Forensic medicine – application of medical science to elucidate legal
problems
g. Forensic chemistry – application of chemical principles in the solution
of problems that arise in connection with the administration of justice

6. Corrections – deals with the institution and non-institution correctional


system of approach.

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Registered Criminologist Defined


Registered criminologist refers to a natural person who holds a valid
certificate of registration and an updated professional identification card as
criminologist issued by the Board and the Commission pursuant to RA 11131.
(Sec. 4-G, RA 11131)

REPUBLIC ACT No. 11131 (IMPORTANT PROVISIONS TO CRIMINOLOGY


STUDENTS)

AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN


THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS "AN
ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE
PHILIPPINES"

Be it enacted by the Senate and House of Representatives of the Philippine Congress


assembled:

ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE

Section 1. Title. - This Act shall be known as "The Philippine Criminology Profession Act of
2018".

Section 2. Statement of Policy. - The State recognizes the importance of criminology


profession in national security, public safety, peace and order, and in nation-building and
development. Hence, it shall develop and nurture competent, virtuous, productive and well-
rounded criminologists whose standards of professional practice and service shall be
excellent, qualitative, world-class and globally competitive through sacred, honest, effective
and credible licensure examinations, coupled with programs and activities that would
promote professional growth and development.

Section 3. Objectives. - This Act shall govern:

(a) The examination, registration and licensure for criminologists;

(b) The supervision, control and regulation of the practice of criminology;

(c) The standardization and regulation of criminology education;

(d) The development of the professional competence of criminologists through


Continuing Professional Development (CPD); and

(e) The integration of all criminology professional groups, and membership of all
registered criminologists to the accredited professional organization.

Section 4. Definition of Terms. - As used in this Act, the following terms shall be defined as
follows:

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(a) APO refers to the Accredited Professional Organization of criminologists, that the
Professional Regulatory Board of Criminology created hereunder and, hereinafter
referred to as the Board, as the one and only recognized and accredited integrated
national organization of criminologists, subject to the approval of the Professional
Regulation Commission (PRC) hereinafter referred to as the Commission created
under Republic Act No. 8981, otherwise known as the "PRC Modernization Act of
2000";

(b) Board refers to the Professional Regulatory Board for Criminologists created
hereunder;

(c) CHED refers to the Commission on Higher Education (CHED) created under
Republic Act No. 7722, otherwise known as "Higher Education Act of 1994", in the
formulation of policy standards, and monitoring of the criminology education in the
country, which shall be assisted by the Criminology Technical Panel composed of the
president of the APO, Chairperson of the Board of Criminology, one (1) from the
academe, and two (2) from the law enforcement agencies;

(d) Commission refers to Professional Regulation Commission (PRC) hereinafter


referred to as the Commission created under Republic Act No. 8981, otherwise known
as the "PRC Modernization Act of 2000";

(e) Criminology refers to the scientific study of crimes, criminals, and victims, it also
deals with the prevention, and solution of crimes;

(f) Profession refers to the art and science in the practice of criminology discipline;
and,

(g) Registered criminologist refers to a natural person who holds a valid certificate of
registration and an updated professional identification card as criminologist issued by
the Board and the Commission pursuant to this Act.

Section 5. Scope of Practice. - The practice of criminology shall include, but shall not be
limited to, acts or activities performed:

(a) In line with the practice of profession or occupation as a law enforcement


administrator, executive, adviser, consultant, officer, investigator, agent or employee
in any private or government agencies performing law enforcement and quasi-police
functions at the Philippine National Police (PNP), the National Bureau of
Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of
Fire Protection (BFP), the Bureau of Jail Management and Penology (BJMP), the
Provincial Jail, the Bureau of Corrections (BUCOR), the Probation and Parole
Administration (PPA), the Bureau of Internal Revenue (BIR), the Bureau of Customs
(BoC), the Bangko Sentral ng Pilipinas (BSP), other government and private banks,
the Philippine Postal Corporation (PPC), the Sea and Air Marshalls, the VIP Security,
Airport and Seaport Police, the National Intelligence Coordinating Agency (NICA),
the Intelligence Service of the Armed Forces of the Philippines (ISAFP), and other
intelligence service or agencies of the government exercising similar functions;

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(b) In line with the practice of teaching profession such as those performed by a
professor, instructor or teacher in any university, college or school duly recognized by
the government of any of the following professional and component subjects of the
criminology program: (1) Criminal Jurisprudence and Procedure; (2) Criminalistics;
(3) Law Enforcement Administration; (4) Crime Detection and Investigation; (5)
Correctional Administration; and (6) Criminal Sociology and Ethics, and other
technical and specialized subjects in the criminology curriculum provided by the
CHED;

(c) As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned


document, deoxyribonucleic acid (DNA), lie detection, firearms identification,
forensic photography, forensic chemistry and other scientific crime detection and
investigation;

(d) As a correctional administrator, executive, supervisor, or officer in any


rehabilitation, correctional, and penal institution or facility, and in any community-
based corrections, and rehabilitation agencies and/or programs;

(e) As a counsellor, consultant, adviser or researcher in any government or private


agency on any aspect of criminological research or project involving the causes of
crime, children in conflict with the law, treatment of offenders, police operations, law
enforcement administration, scientific criminal investigation or public safety and
national security administration; and

(f) As a private investigator, administrator, consultant or agent, or detective in any


private security and investigation agency organized under the laws of the Philippines.

The Board, in consultation with the APO and the academe, subject to the approval of the
Commission, may revise, exclude from or add to the above enumerated acts or activities as
the need arises to conform with the latest trends in the practice of criminology in the country.

ARTICLE II
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS

Section 6. Creation, and Composition of the Professional Regulatory Board for


Criminologists. - There is hereby created a Professional Regulatory Board for Criminologists,
a collegial body under the administrative supervision and control of the Commission, to be
composed of a Chairperson and four (4) members appointed by the President of the
Philippines from a list of three (3) recommendees for each position, chosen and ranked by the
Commission from a list of three (3) nominees for every position endorsed by the APO. The
new Board shall be organized not later than six (6) months from the effectivity of this Act.

ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE

Section 13. Passing of Licensure Examination Requirements. - Except as otherwise


specifically allowed under this Act, applicants for registration for the practice of criminology
shall be required to pass a licensure examination as provided for in this Act, in such places
and dates as the Commission may designate in the resolution thereof on the Master Schedules
for all licensure examinations in accordance with Section 7(d) of Republic Act No. 8981.

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Section 14. Qualifications of an Applicant for the Licensure Examination. - An applicant for
the licensure examination for criminologist shall satisfactorily prove that one possesses the
following qualifications:

(a) Must be a citizen of the Philippines or a foreign citizen whose country/state has
reciprocity with the Philippines in the practice of criminology;

(b) Must be of good moral character, good reputation and of sound mind and body
certified by the school wrhere he/she graduated and the barangay where he/she lives,
unless the examinee is a foreign national a certification from any professional of good
standing will do;

(c) Must hold a bachelor's degree in criminology duly accredited by the CHET) and
conferred by a school/college/university duly authorized by the government or its
equivalent degree obtained by either a Filipino or foreign citizen from an institution of
learning in a foreign country/state: Provided, That it is duly recognized and/or
accredited by the CHED;

(d) Must not have been convicted of an offense involving moral turpitude by a court
of competent jurisdiction; and

(e) Those who failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination, must present a certification issued by a reputable
institution duly recognized by the CHED that such applicant has satisfactorily
completed a refresher course in criminology.

Section 15. Subjects for Licensure Examination. - The licensure examination for
criminologists shall include, but shall not be limited to, the following:

1âwphi1
Subjects Relative Weights
(a) Criminal Jurisprudence and Procedure:
Criminal Law (Book I); Criminal Law (Book II); Related Special Penal Laws;
Criminal Procedure;
Evidence;
Court Testimony 20%
(b) Law Enforcement Administration:
Police Organization and Administration, Police Planning;
Police Patrol Operations, Police Communication System;
Police Intelligence;
Police Personnel and Records Management; Comparative Police Systems;
Industrial Security Management 20%
(c) Crime Detection and Investigation:
Fundamentals of Criminal Investigation;

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Special Crime, Organized Crime Investigation; Fire Technology and Arson Investigation;
Traffic Management and Accident Investigation;
Drug Education and Investigation;
Vice Control 15%
(d) Criminalistics:
Forensic Photography; Personal Identification; Forensic Medicine; Polygraphy;
Examination; Forensic Ballistics;
Questioned Documents 20%
(e) Correctional Administration:
Institutional Corrections; Non-Institutional Corrections 10%
(f) Criminal Sociology:
Introduction to Criminology and Psychology of Crimes;
Philippine Criminal Justice System;
Ethics and Values;
Juvenile Delinquency and Crime Prevention;
Human Behavior and Crisis Management; Criminological Research and Statistics 15%

Section 16. Persons to Teach Subjects for Licensure Examination. - All subjects for the
licensure examination shall be taught by a registered criminologist who is a holder of a valid
certificate of registration and updated professional identification card for criminologist, APO
membership, and CPD required units earned, and meet other CHED requirements. Allied
fields in criminology may also be allowed to teach as it may deem proper.

Section 17. Rating in the Licensure Examination. - To pass the licensure examination for
criminologist, a candidate must obtain a weighted average rating of seventy-five percent
(75%) with no grade less than sixty percent (60%) in any given subject. In case the examinee
obtains a weighted average rating of seventy-five percent (75%) but, has a grade below sixty
percent (60%) in any of the subjects, the result of the examinee shall be deferred, and be
required to retake that particular subject/s. The deferred examinee shall only be allowed to
retake once within two (2) years from the date of the examination, and shall be required to
obtain a grade not lower than eighty percent (80%) on the subject, to be considered to have
passed the licensure examination. If the examinee failed to retake after the lapse of two (2)
years or failed to get the passing mark of eighty percent (80%), the examinee shall retake all
the board subjects.

Any examinee who failed three (3) or more board subjects shall be deemed to have failed the
board examination.

Section 18. Report of Rating. - The Board shall submit to the Commission the ratings
obtained by the candidates not later than ten (10) days after the last day of the examination,
unless the period is extended for a valid cause.

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Section 19. Oath. - All successful candidates of the licensure examination shall take their
oath of profession in person before the Board or any of its members, and with the APO in an
oath-taking ceremony held for such purpose. Any person authorized by law may administer
oath to any successful examinees only upon membership of the APO prior to entering the
practice of the profession.

ARTICLE IV
PRACTICE OF CRIMINOLOGY

Section 27. Lawful Practitioners of Criminology. - The following persons shall be authorized
to practice the criminology profession:

(a) Natural persons:

(1) Duly registered criminologists and holders of valid certificates of


registration and valid professional identification cards issued by the Board and
the Commission pursuant to this Act; and

(2) Holders of valid temporary/special permits issued by the Board and the
Commission to foreign licensed criminologists pursuant to this Act.

(b) Juridical persons:

(1) Single proprietorship whose owner and technical staff are registered
criminologists;

(2) Partnership duly registered with the Securities and Exchange Commission
(SEC) as professional partnership pursuant to the Civil Code and composed of
partners majority of whom are registered criminologists;

(3) Corporation duly registered with the SEC as engaged in the practice of
criminology and with officers and Board of Directors who are all registered
criminologists; and

(4) Association and cooperative duly registered with the appropriate


government agency as a non-stock corporation where majority of the officers,
Board of Trustees and members are registered criminologists.

These juridical persons shall also be registered with the Board and the Commission in
accordance with the rules and regulations thereon.

Section 28. Seal, Issuance and Use of Seal. - There shall be a seal to be exclusively and
legitimately used by the practitioners of the criminology profession which shall be distributed
by the Board through the APO.

Section 31. Indication of Numbers: Certificate of Registration, Professional Tax Receipt and.
APO Membership. - The practitioner of the criminology profession shall be required to
indicate the certificate of registration number and date of issuance, the expiry of the current
professional identification card, the professional tax receipt number and date, and the APO
membership number and date with official receipt number and date of membership payment

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(annual/lifetime) on the documents one signs, uses or issues in connection with the practice
of the profession.

Section 32. Roster of Registered Criminologists. - The Board shall prepare and maintain a
roster showing the names, residence and/or office address of all registered criminologists,
which shall be updated annually in cooperation with the APO, indicating therein the status of
the certificate of registration, professional identification card and APO membership. The
roster shall be made available to any party as may be deemed necessary.

Section 33. Integration of Registered Criminologists. - The registered criminologists shall be


integrated into one (1) national organization of criminologists that is duly registered with the
SEC. The Board, subject to the approval by the Commission, shall accredit the organization
as the one and only integrated and accredited national organization of
criminologists: Provided, That its continued accreditation is subject to compliance with the
periodic requirements and standards set forth by the Commission.

All criminologists whose names appear in the Registry Book of Criminologists shall ipso
facto or automatically become members thereof and shall receive therefrom, all the benefits
and privileges upon payment of APO membership fees and dues. Membership in an affiliate
organization of criminologists shall not be barred.

ARTICLE V
PRIVILEGES OF REGISTERED CRIMINOLOGISTS

Section 34. Privileges of Registered Criminologists. - All registered criminologists shall be


exempt from taking any other entrance or qualifying government or civil service
examinations and shall be considered civil service eligible to the following government
positions, among others: (1) Dactylographer; (2) Ballistician; (3) Questioned Document
Examiner; (4) Forensic Photographer; (5) Polygraph Examiner; (6) Probation Officer; (7)
Parole Officer; (8) Special Investigator; (9) Special Agent; (10) Investigative Agent; (11)
Intelligence Agent; (12) Law Enforcement Evaluation Officer; (13) National Police
Commission (NAPOLCOM) Inspector; (14) Traffic Operation Officer; (15) Associate Graft
Investigation Officer; (16) Special Police Officer; (17) Safekeeping Officer; (18) Sheriff; (19)
Security Officer; (20) Criminal Investigator; (21) Warden; (22) Reformation Officer; (23)
Firefighter; (24) Fire Marshall; (25) Jail Officer up to the rank of Jail Superintendent; (26)
Police Officer up to the rank of Police Superintendent and other law enforcement agencies,
and agencies under the Criminal Justice System.

Section 35. Preference of Appointment in Government Criminal Justice and Other


Government Institutions. - Registered criminologists shall enjoy priority of appointment and
shall not be required to take any qualifying or entrance examinations in the PNP, the NBI, the
BJMP, the BFP, the Land Transportation Office (LTO) and other government positions
related to criminology, police and law enforcement work, investigations and security,
corrections and public safety of the following bureaus, departments, institutions or agencies
of the government: the Department of Justice (DOJ); the Commission on Human Rights
(CHR); the Office of the Ombudsman; the Philippine Ports Authority (PPA); the Commission
on Elections (COMELEC); the Bureau of Treasury (BoT); the Philippine Amusement and
Gaming Corporation (PAGCOR); the Department of Environment and Natural Resources
(DENR); the Department of Tourism (DOT); the Department of Trade and Industry (DTI);
the Armed Forces of the Philippines (AFP); the Bureau of Immigration (BI); the BoC; the

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Department of Transportation (DOTr); the Air Transportation Office (ATO); the Civil
Aviation Authority of the Philippines (CAAP); the BSP; the BIR; the CHED; the
City/Municipal Security Office; the Provincial Jail; the Provincial Security Office; the Metro
Manila Development Authority (MMDA); the Supreme Court and lower courts; the Security
Consultation; the Social Security System; the NAPOLCOM; the Autonomous Region in
Muslim Mindanao (ARMM); the Optical Media Board; the Intellectual Property Rights
Office; the PDEA; the Public Attorney's Office (PAO); the PPC; government-owned and -
controlled corporations and other government agencies with positions involving the practice
of criminology.1âwphi1

Section 36. Lateral Entry of Registered Criminologists. - Registered criminologists who are
not in the government service shall be eligible and given preference for appointment via
lateral entry as Police, Fire, and Jail Inspectors or its equivalent in the PDEA, NBI, and other
law enforcement agencies: Provided, That they possess the general qualifications for
appointment as provided in the existing laws on appointment of Police Officers in the PNP,
BJMP, BFP, PDEA, or NBI: Provided, further, That those who are already in the police, fire,
and jail service as non-commissioned officers and who are already registered and licensed
criminologists shall be given preference for lateral entry.

Section 37. Penal Clause. - A fine of not less than One hundred thousand pesos
(₱100,000.00) nor more than Five hundred thousand pesos (₱500,000.00), or imprisonment
for not less than two (2) years and one (1) day nor more than six (6) years, or both, at the
discretion of the court shall be imposed upon any person who shall commit any of the
following acts:

(a) Practicing criminology without valid certificate of registration and a valid


professional identification card or a valid temporary/special permit;

(b) Attempting to use the seal, certificate of registration and professional


identification card of a registered criminologist or temporary/special permit issued to
a foreign criminologist;

(c) Abetting the illegal practice of criminology by an unregistered or unauthorized


person;

(d) Securing through false information or fraudulent means certificate of registration


and professional identification card or temporary/special permit;

(e) Impersonating a registered criminologist or a holder of a temporary/special permit;


and

(f) Violating any provision of this Act or the IRR thereof. Where the violator is a
juridical person, the Board of Directors and other responsible officers of the
corporation shall be held liable.

Section 38. Enforcement. - In carrying out the provisions of this Act, the Board shall be
assisted by the Commission, the APO, duly constituted government agencies and authorities
and private organizations in the industry.

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Introduction to Criminology

Let’s Remember:
 Raffaele Garofalo, an Italian law professor coined the term criminology.
 Criminology is not only the study of crimes and criminal behavior but also the reaction of society
towards crime and criminal behavior.
 The findings or knowledge obtained in the study of crimes and criminal behaviors is used to resolve the
crime problem and treatment of criminals.

Let’s Do This:

Quiz

1. It is the scientific study of crime, criminals and criminal behavior


2. It means that the study of crime varies from place to place
3. He is considered today as the “Father of Modern Criminology”
4. It is based on the assumption that people exercise free will and are thus completely
responsible for their actions.
5. “The Philippine Criminology Profession Act of 2018”

Let’s Check:

1. Criminology
2. Criminology is Dynamic
3. Cesare Lombroso
4. Classical Theory
5. Republic Act. No. 11131

Suggested Readings:

If you want to learn more about the history and theories of criminology, there is a wealth of
information available on the web. You can start your exploration from
https://study.com/academy/lesson/what-is-criminology-definition-history-theories.html

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Module Post Test:


MULTIPLE CHOICE:

1. It is an attempt to scientific analysis of the causes of crimes.


a. Penology c. Criminal Epidemiology
b. Sociology of Law d. Criminal Etiology

2. The following are natural sciences that may be applied in criminology, except one:
a. Theology c. Public administration
b. Geology d. Education

3. It is the study of criminality in relation to spatial distribution in a community.


a. Criminal Epidemiology
b. Criminal Ecology
c. Criminal Demography
d. Criminal physical anthropology

4. It is the study of firearms and bullets.


a. Forensic Medicine b. Polygraphy
b. Ballistics d. Dactyloscopy

IDENTIFICATION

5. It refers to any person who has passed the licensure examination for criminologists
and is registered as such by the Board of Criminology.

6. includes the fundamentals of criminology; juvenile delinquency; human


behavior and crisis management; ethics and community relations; and
criminal justice system
7. It is the study of the relationship between criminality and population

8. It is the application of chemical principles in the solution of problems that


arise in connection with the administration of justice.
9. It is the study of criminality in relation to physical constitution of men

10. It is an act regulating the practice of criminology profession in the Philippines.

References/Sources:
Alviola, A. (2013). Introduction to CRIMINOLOGY andPSYCHOLOGY of CRIMES.
https://www.careerprofiles.info/criminologist.html
https://www.sciencedirect.com/topics/agricultural-and-biological-sciences/criminology

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Module 2
Module Title: Crime Concepts

Module Description: This module is created for the students to understand Crime and
its elements and for them to be able to discuss Crime
classifications.

Purpose of the Module: This module let the students learn the importance of the effects
of crime to the society and also the effect of society to crimes

Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.

Module Outcomes: 1. Understand Crime Elements and Ingredients.


2. Familiarize Crime Typologies and its classifications.

Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that this module required.

Module Pretest: A recitation will be done to identify if they have an existing


knowledge of the module to be discussed

Key Terms: Deviance, Norms, Forbid, Punishment

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Introduction to Criminology

Learning Plan
Lesson No: 2

Lesson Title: Crime Concepts

Let’s Hit These:


At the end of this lesson, students should be able to:
 Define Crime and its Elements
 Compare the Different Categories of Crime

Let’s Get Started:

Define the following words:


1. Motive or Desire
2. Opportunity
3. Instruments

Let’s Find Out:

The activity will help them understand the three Ingredients of Crime. It will also give them
the idea of the different aspects on how a crime is committed.

Let’s Read:

THEORIES OF CRIME CAUSATION


AND CRIME CONCEPTS

Criminology recognizes three groups of theories, which attempted to explain


crime causation. There are three (3) major criminological theories namely,
Biological theory, Sociological Theory and Psychological theory. (see illustration
below). These three different types of criminological theories attempted to answer
what are the causes of crimes. Each criminological theory tried to establish its high
level of credibility and reliability. Classical theory was first established as a part of
modern criminology but turning points for development of scientific method in
criminology began in 19th century soon as criminology pioneers implemented them
in the etiological research of crimes.

According to Enrico Ferri, who is best-known as Lombroso’s associates, the


true criminal is one who lacks basic altruistic sentiment of honesty and pity. He
used both sociological and biological factors to explain a cause of crime.

Rafael Garofalo’s contribution to criminology was that he found that certain


forms of criminal behavior might be encouraged by social and environmental

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circumstances, and this et a path for numerous experiments and scientific


expertise on the way to define crime causation.

A. Biological Theories of Crime Causation

Criminal behavior results from a complex interplay of social and biological


factors. Social factors are a reflection of environmental sources of influence, such
as socioeconomic status. The terms "biological" and "genetic" are often confused, in
part due to the fact that they represent overlapping sources of influence. Biological
factors are more inclusive, consisting of physiological, biochemical, neurological,
and genetic factors. Genetic factors refer to biological factors that are inherited.
Social factors, on the other hand, cannot be inherited. Until recently, the majority
of criminological research focused solely on social contributors, either minimizing
or negating the importance of genetic and biological influences on criminal
behavior. In the past fifteen years, however, a large body of evidence has
accumulated that suggests that the etiology of criminal behavior may be better
understood when genetic and biological factors are also taken into account.
Evidence for the role of genetic factors in the etiology of criminal behavior carries
the assumption that biological factors mediate this relationship. Therefore, in this
entry, we will first discuss the role of genetics in the etiology of criminal behavior,
followed by evidence outlining the importance of biological factors.

B. Sociological Theories of Crime Causation

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This entry focuses on the three major sociological theories of crime and
delinquency: strain, social learning, and control theories. It then briefly describes
several other important theories of crime, most of which represent elaborations of
these three theories.

All of the theories that are described explain crime in terms of the social
environment, including the family, school, peer group, workplace, community, and
society. These theories, however, differ from one another in several ways: they focus
on somewhat different features of the social environment, they offer different
accounts of why the social environment causes crime, and some focus on
explaining individual differences in crime while others attempt to explain group
differences in crime (e.g., why some communities have higher crime rates than
other communities).

Biological theory made the common assumptions that physical traits can
lead an individual to criminal activities. Generally speaking, it was thought that
physical attributes were passed down from parent to child. The early biological
theories of crime were focused mainly on heredity of crime and made rather quick
assumptions about the research findings.

Strain theory

According to this theory, people engage in crime because when they


experience strain or stress, they become upset, and they sometimes engage in
crime as a result. They may engage in crime to reduce or escape from the strain
they are experiencing. For example, they may engage in violence to end harassment
from others, they may steal to reduce financial problems, or they may run away
from home to escape abusive parents. They may also engage in crime to seek
revenge against those who have wronged them. And they may engage in the crime
of illicit drug use to make themselves feel better.

A recent version of strain theory is Robert Agnew's 1992 general strain


theory. Agnew's theory draws heavily on previous versions of strain theory,
particularly those of Robert Merton, Albert Cohen, Richard Cloward and Lloyd
Ohlin, David Greenberg, and Delbert Elliott and associates. Agnew, however, points
to certain types of strain not considered in these previous versions and provides a
fuller discussion of the conditions under which strain is most likely to lead to
crime.

Agnew describes two general categories of strain that contribute to crime: (1)
others prevent you from achieving your goals, and (2) others take things you value
or present you with negative or noxious stimuli.

Social learning theory

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This theory explains that people learn to engage in crime, primarily through
their association with others. They are reinforced for crime, they learn beliefs that
are favorable to crime, and they are exposed to criminal models. As a consequence,
they come to view crime as something that is desirable or at least justifiable in
certain situations. The primary version of social learning theory in criminology is
that of Ronald Akers and the description that follows draws heavily on his work.
Akers's theory, in turn, represents an elaboration of Edwin Sutherland's differential
association theory (also see the related work of Albert Bandura in psychology).

Control theory

Strain and social learning theorists ask, Why do people engage in crime?
They then focus on the factors that push or entice people into committing criminal
acts. Control theorists, however, begin with a rather different question. They ask,
Why do people conform? Unlike strain and social learning theorists, control
theorists take crime for granted. They argue that all people have needs and desires
that are more easily satisfied through crime than through legal channels. For
example, it is much easier to steal money than to work for it. So in the eyes of
control theorists, crime requires no special explanation: it is often the most
expedient way to get what one wants. Rather than explaining why people engage in
crime, we need to explain why they do not.

According to control theorists, people do not engage in crime because of the


controls or restraints placed on them. These controls may be viewed as barriers to
crime—they refer to those factors that prevent them from engaging in crime. So
while strain and social learning theory focus on those factors that push or lead the
individual into crime, control theory focuses on the factors that restrain the
individual from engaging in crime. Control theory goes on to argue that people
differ in their level of control or in the restraints they face to crime. These
differences explain differences in crime: some people are freer to engage in crime
than others.

Psychological Theories of Crime Causation

Psychological theories often include cognitive (thinking or decision making)


processes that explain why people choose to offend in a particular situation. A
common assumption is that offending is essentially rational, and that people will
offend if they think that the expected benefits will outweigh the expected costs.

It came to existence around 1913, and their primary concern was to find a
supporting link between crime and low intelligence. Furthermore, psychological
researches found the difference of eight (8) points in IQ scores between delinquents
and non-delinquents. Besides IQ testing in criminal psychology, other researchers
dealt with personality disorders i.e. Robert Hare made an extensive research of
psychopaths, sociopaths, and antisocial personalities. Hare identified the
mechanism and made a classification of psychopaths.

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Hare developed the Psychopathy Checklist Revised (PCL-R), a psychological


assessment tool most commonly used to assess the presence of psychopathy in
individuals—most often those institutionalized in the criminal justice system—and
to differentiate them from those suffering from antisocial personality disorder, a
similar but distinct illness. It is a 20-item inventory of perceived personality
traits and recorded behaviors, intended to be completed on the basis of a semi-
structured interview along with a review of 'collateral information' such as official
records.[

Definition of Crime

Crime is any rational human conduct that violates a criminal law and is
subject to punishment (Adler, Mueller & Laufer, 1995).

Crime is defined as an act committed or omitted in violation of a public law


forbidding or commanding it and for which punishment is imposed upon conviction
(American Heritage Dictionary).

Crime is an act or omission prohibited by law. It is also defined as an act


that violates the law of the nation (Inciardi, 2005).

Crime is a variation of societal rules of behavior as interpreted and


expressed by the criminal law, which reflects public opinion, traditional values and
the viewpoint of people presently holding social and political power. Individuals
who violate these rules are subject to sanctions by state authority, social stigma,
and loss of status (Siegel, 2007).

In legal terms, crime is an intentional violation of the criminal law or penal


code, committed without defense or excuse and penalized by the state.

Crime is an intentional act or omission in violation of criminal law (statutory


and case law), committed without defense or justification and sanctioned by the
state as a felony or misdemeanor (Reid, 1997).

Within the social context, crime is a behavior that violates the norms of
society – or, more simply, antisocial behavior or deviance.
A norm is any standard or rule regarding what human beings should or
should not think, say, or do under given circumstances (Bohm & Haley, 2002).

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Deviance refers to conduct which the people of a group consider so


dangerous or embarrassing or irritating that they bring special sanctions to bear
against the persons who exhibit it. It should be noted though that not all deviant
behavior is criminal behavior (Inciardi, 2005).

Elements of Crime

Technically and ideally, a crime has not been committed unless all of the
following elements are present:

1. Harm – For crime to occur, there must be an external consequence or harm.


A mental or emotional state is not enough. Thus, thinking about committing
a crime or being angry enough to commit a crime, without acting on the
thought or the anger, is not a crime. The harm maybe physical or verbal.

2. Legality – This has two aspects. First, the harm must be legally forbidden for
a behavior to be crime. Thus, violations of union rules, or any rules other than
those of a political jurisdiction may be “wrong,” but they are not crimes unless
they are also prohibited by criminal law.
Second, a criminal law must not be retroactive, or ex post facto law:
(1) declares criminal act that was not illegal when it was committed, (2)
increases the punishment for a crime after it is committed, or (3) alters the
rules of evidence in a particular case after the crime is committed.
3. Actus reus – This Latin term refers to criminal conduct – specifically,
intentional or criminally negligent (reckless) action or inaction that causes
harm. Crime involves not only things people do but also things they do not
do. For example: Parents who fail to provide their children with adequate
food, clothing, and shelter, are committing a crime.

4. Mens rea – The Latin term mens rea refers to a criminal intent or a guilty state
of mind.

Offenders who commit crimes with mens rea are to be held liable,
except in the following extenuating circumstances:

a. Acting under duress – e.g. committing robbery to save the life of a loved
one
b. Being underage – e.g. a six-year old child who picks up a gun and
shoots his or her parent
c. Insanity – A person is legally insane if, at the time of the commission
of the act, he or she (1) did not know the nature and quality of the act
or (2) did not know that the act was wrong.

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d. Acted in a self-defense or in defense of a third party


e. Entrapment – It is the inducement of an individual to commit a crime
not contemplated by him or her, undertaken for the sole purpose of
instituting a criminal prosecution against the offender. Cases of
entrapment occur when police officers or civilians acting at their
command, induce a person to commit a crime that he or she would not
have otherwise undertaken. For example, a police officer convinces an
individual to rob another and then arrests the individual after the crime
has been committed. The defense of entrapment would be applied in
this case.

f. Acting out of necessity – The necessity defense can be used when a


crime has been committed to prevent a greater or more serious crime.
Interestingly, the law does not recognize economic necessity as an
excuse from criminal responsibility. Thus, the unemployed and hungry
thief who steals groceries cannot employ the necessity defense.

5. Causation – This refers to the causal relationship between the legally forbidden
harm and the actus reus. In other words, the criminal act must lead directly
to the harm without a long delay.

6. Concurrence – This means that there should be a concurrence between the


actus reus and the mens rea. In other words, the criminal conduct and the
criminal intent must occur together. Suppose you call someone to repair your
broken washing machine, and that person comes to your home, fixes your
washing machine, and on the way out takes your television set. The repair
person cannot be found guilty of entering your home illegally (trespass)
because that was not his or her initial intent. However, the same person can
be found guilty of stealing your television set.

7. Punishment – For a behavior to be considered a crime, there must be a


statutory provision for punishment or at least the threat of punishment.
Without the threat of punishment, a law is unenforceable and is therefore not
a criminal law (Bohm & Haley). As the legal maxim goes,
“nullum crimen, nulla poena sine legis,” meaning, there is no crime where
there is no law punishing it.

The Three Ingredients of Crime (Philippine National


Police)

1. Motive or Desire – This is the driving force, the reason why the accused
committed the crime.
2. Opportunity – It refers to the time and place of the commission of the crime.
3. Instruments – These are tools employed by criminals.

Formula of crime occurrence:

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Motive + Opportunity + Instrument/s = CRIME

When Does Crime Exist?

From the legal view point, crime exists when the person has been proven
guilty by the court. This view is based on the presumption of innocence as provided
for by the 1987 Constitution that only after trial and the proof beyond reasonable
doubt is established by the prosecution that the accused has committed the crime.

From the scientific point of view, crime exists when it is reported. This is
more realistic, but not all reported cases are with sound basis of true happening.
Some of them are also unfounded.

Distinction Between Crime and Sin

Crime is an act or omission against the penal law of a state while sin is an
act or omission against the spiritual or divine law.

Distinction Between Crime and Immorality

1. Crime is committed against the law of state, while immorality is committed


against the unwritten social norms in a locality.

2. Crime is fixed by statute, while immorality is not.

3. Crime is nationalistic, while immorality is regionalistic.

Why Must Members of Society Be Interested in Crimes?

1. Crime is pervasive.

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Almost all members of a free society have been a victim or an offender


of a criminal act. Crime as an associate of society affects almost all people
regardless of age, sex, race, nationality, religion, financial condition,
education, and other circumstances.

2. Crime is expensive.

The government and private sector spend an enormous amount of


money for crime detection, prosecution, correction, and prevention.

It is said that peace and order is a condition to economic progress and


development. There can be no progress when there are chaos and disorders.
In contrast, criminality thrives when economy is growing. Crime rate is high
in highly urbanized cities where businesses operate. So, if the crime
problems are not effectively addressed and prevented, the economy of a
certain country will suffer.

3. Crime is destructive.

Many lives have been lost because of crimes such as murder,


homicide and other violent crimes. Many properties have been lost or
destroyed because of robbery, theft and arson.

4. Crime is reflective.

Crime rate or incidence in a given locality is reflective of the


effectiveness of the social defenses employed by the people, primarily by the
police system.

5. Crime is progressive.

The marked increase in the volume of crimes is on account of the ever


increasing population. The ever increasing rate and their technique show the
state of thinking of the society and its advancement.

Advantages of the Existence of Crime

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While it is true that crimes are disadvantageous most of the time, for experts
crimes also offer some benefits. The following are viewed advantages of crime
occurrence:

1. It promotes solidarity among people.

Members of the community offer all their assistance to establish a


strong front against crime. Family ties become stronger; groups become
more united and solidified to fight criminality.

2. It prevents morality from going to the extremes.

Penal laws are the safeguard of our morality. When morality becomes
low, they serve as reminders to society that something has to be done at
once to prevent morality from going beyond its limits.

3. It is a notification of maladjustment.

Whenever a person violates criminal law, such is a proof that his


action is not within the accepted norms in a society. Crime is a symptom of
social disorganization, just as fever or pain is a sign that a person is sick.

CRIME TYPOLOGIES

A typology is an organizing device for categorizing large amounts of


information into mutually exclusive categories. A number of typologies are used in
the field of criminology, but to date no universally accepted typology of offenders or
legal categories exist (Voigt, Thornton, Barrile, & Seaman, 1994).

Simply put, crime typology refers to the type of a particular crime category.
Criminologists group criminal offenders and/or criminal behaviors into categories
or typologies so they may be more easily studied and understood. Crimes are
usually classified according to the degree or severity of the offense, the nature of
the acts prohibited, psychological characteristics of the offender, career patterns of
the offender, or on some other bases.

General Categories of Crime

1. Offense – In the Philippines, an offense is an act or omission that is punishable


by special laws such as:
a. Republic acts
b. Presidential decrees
c. Executive orders
d. Memorandum circulars

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e. Ordinances
f. Rules and regulations

A special law is a statute enacted by congress, penal in character,


which is not an amendment of the Revised Penal Code.

2. Felony – It is a serious crime. This category includes murder, rape, aggravated


assault, robbery, arson, and so on. A felony is an act or omission that is
punishable by the Revised Penal Code.

3. Delinquency/Misdemeanor/Infraction – It is an act that is in violation of a


simple rule or regulation, a minor violation of the law. It usually refers to those
committed by minor offenders such as violations of city or municipal
ordinances. Examples are jaywalking, spitting on the sidewalk, littering, and
certain traffic violations, including failure to wear a seatbelt.

Crimes are also generally classified as follows: (Siegel, 2004; Cole & Smith,
2008)

1. Violent crimes include offenses where violence was applied. They are also
called acts or crimes against persons. Rape, assault, domestic violence,
robbery, and murder belong to this category.

2. Economic crimes are primarily committed to bring financial gain to the


offender. The most common ones are crimes against property such as burglary
(housebreaking), theft, carnapping motor vehicle theft, shoplifting, arson, and
fencing.

Economic crimes may also be classified as:

a. White-collar crimes. They are violations of law committed by a person or


a group of persons in the course of an otherwise respected and legitimate
occupation or business enterprise. Offenses under this category are
oftentimes in forms of fraud cases, such as securities-related crimes, bank
frauds, frauds committed against the government, consumer fraud,
computer crimes, insurance fraud, tax fraud, and other related cases
involving deceit.

b. Organized crimes. They are generally characterized by the use of legitimate


or illegitimate business enterprise for illegal profit. This crime type involves
thousands of criminals working within structures as complex as those of
any large corporation, subject to laws more rigidly enforced than those of
legitimate government. The behavior of the organization is not impulsive
but rather the result of intricate conspiracies carried on over many years,

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and aimed at gaining control over whole fields of activities in order to have
profit.

Economics is the driving force behind organized crime. Organized


crime is especially active in the goods and services that are scarce and
illegal but have a strong market demand. Drugs, prostitution, gambling,
racketeering, pornography, and other law violations in the nature of an
illegal business primarily focus on profit.

2. Public order crimes. They are unlawful acts that interfere with the normal
operation of society and the ability of people to function efficiently. Moreover,
they are sometimes called “victimless crimes” because there is no direct,
tangible, and complaining victim. However, some argue that
secondary victims – family, friends, acquaintances, and society at large – can
be identified. Prostitution, pornography, drug addition, gambling, public
drunkenness, vandalism, and disorderly conduct are among behaviors that
fall under this category. Although the police treat them as minor offenses,
some scholars argue that they can lead to more serious crimes.

Legal Classification of Crimes (The Revised Penal Code/RPC)

A. According to the degree or severity of the offense

1. Felonies – These are acts and omissions punishable by law. Generally,


a felony is a relatively serious offense punishable by death, a fine or
confinement in a national prison for more than one year.

2. Misdemeanors – They are minor offenses that are punishable by no


more than fine and/or one year imprisonment, typically in a local jail.

B. According to the nature of the acts prohibited

1. Mala in se – The term means “evil in itself.” They are crimes that are
“wrong in themselves.” They are characterized by universality and
timelessness, that is, they are considered crimes everywhere and have
been crimes at all times. For example: murder, rape and robbery

If the acts are inherently immoral, they are mala in se, even though
they are punished by special laws, not by general criminal laws
(People vs. Bayanes, CR-08735, January 23, 1991).

2. Mala prohibita – This means “wrong because it is prohibited.” They are


offenses that are illegal because laws define them as such. They lack
universality and timelessness. For example: gambling, trespassing,
prostitution, dynamite fishing, illegal logging, and illegal possession of
firearms

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C. As to the manner crimes are committed

1. By means of dolo or deceit – when the act was done with deliberate
intent (intentional felony).

2. By means of culpa or fault – when the wrongful act results from


imprudence, negligence, lack of foresight, or lack of skill (culpable
felony).

D. As to the stages in the commission of crime

1. Attempted crimes – when the offender commences the commission of a


felony directly by overt acts and does not perform all the acts of
execution, which could produce the felony by reason of some causes or
accident other than his own spontaneous desistance.

2. Frustrated crimes – when the offender has performed all the acts of
execution which will produce the felony as a consequence but which,
nevertheless, do not produce the felony by reason of cause independent
of the will of the perpetrator.

3. Consummated crimes – when all the elements necessary for execution


and accomplishment of the crime are present.

E. As to the plurality of crimes

1. Simple crimes – when a single act constitutes only one offense.


Examples: homicide, robbery, rape

2. Complex crimes – when a single act constitutes two or more grave


felonies or when an offense is a necessary means for committing the
other. Example: robbery with homicide.

In a complex crime, although two or more crimes are actually


committed, they constitute only one crime. When the offender
executes various acts, he must have a single purpose.

Other examples of complex crimes:

 The single act of firing a shot causing the death of two persons who
were standing on the same line of the direction of the bullet

 The single act of throwing a hand grenade producing murder and


multiple attempted murders

 Placing a time bomb in a plane, which caused the latter to explode in


mid-air, killing thirteen persons therein, constitutes a complex crime of
multiple murder and destruction of property.

 Several shots from Thompson sub-machinegun causing several deaths,


although caused by a single act of pressing the trigger, are considered

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several acts. Multiple homicides or murders, which are grave felonies,


are committed.

Note: Theft of firearm and illegal possession of same firearm do not form
a complex crime; they are two distinct crimes.

F. As to the gravity of penalty or offense

1. Grave felonies – those to which the law attaches the capital punishment or
afflictive penalties.

Afflictive penalties in accordance with Article 25 of the RPC include:

 Reclusion perpetua
 Reclusion temporal
 Perpetual or temporary absolute disqualification
 Perpetual or temporary special disqualification
 Prision mayor

Note: If the fine imposed is over 6,000 pesos, it is afflictive penalty.

2. Less grave felonies – those which the law punishes with penalties which
are correctional in nature.

The following are correctional penalties:

 Prision correccional
 Arresto mayor
 Suspension
 Destierro

Note: It is a less grave felony if the amount of the fine imposed is more
than 200 pesos but not exceeding 6,000 pesos.

3. Light felonies – those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos, or both, is
imposed.

Examples of light felonies are:

 Slight physical injuries (Article 266)


 Theft (Article 309, pars. 7 & 8)
 Alteration of boundaries or landmarks (Article 313)
 Malicious mischief (Article 328, par. 3; Article 329, par. 3)
 Intriguing against honor (Article 364)

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G. As to the basis of criminal act

1. Crimes against National Security and the Law of Nations


Examples: treason, espionage, piracy

2. Crimes against the Fundamental Law of the State


Examples: arbitrary detention, violation of domicile

3. Crimes against Public Order


Examples: rebellion, sedition, coup d’etat
4. Crimes against Public Interest
Examples: forgery, falsification of documents, fraud

5. Crimes against Public Morals


Examples: gambling and betting; offenses against decency and good
customs such as scandals, obscenity, vagrancy, and prostitution

6. Crimes Committed by Public Officers


Examples: bribery, corruption, malversation of public funds or property

7. Crimes against Persons


Examples: parricide, murder, homicide, physical injuries, infanticide,
abortion

8. Crimes against Personal Liberty and Security

 Crimes against Personal Liberty


Examples: kidnapping, illegal detention
 Crimes against Security
Examples: abandonment of helpless persons or persons in danger,
exploitation of minors, trespass to dwelling, threats and coercion

9. Crimes against Property


Examples: robbery with violence or intimidation of persons; robbery by
the use of force upon things; brigandage; theft; occupation of real
property or usurpation of real rights in property

10. Crimes against Chastity


Examples: adultery, concubinage, rape, acts of lasciviousness,
seduction, corruption of minors, white slave trade, abduction

11. Crimes against the Civil Status of Persons


Examples: bigamy and other illegal marriages

12. Crimes against Honor


Examples: libel (malicious accusation by writing), slander (oral
defamation)

13. Quasi-offenses or Criminal Negligence


Examples: imprudence and negligence

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Imprudence – indicates a deficiency of action; usually involves lack of


skill.

If a person fails to take place the necessary precaution to avoid injury


to person or damaging to property, there is imprudence.

Negligence – indicates a deficiency of perception; usually involves lack of


foresight.

If a person fails to pay proper attention and to use due diligence in


foreseeing the injury or damage impending to be caused, there is negligence.

Criminological Classification of Crimes

1. As to the result of crimes

a. Acquisitive crimes – when the offender acquires something as a


consequence of his criminal act.

b. Extinctive crimes – when the result of a criminal act is destructive.

2. As to the time or period committed

a. Seasonal crimes – those committed only during a certain period of the


year like during election period, Christmas season, etc.

b. Situational crimes – those committed only when given the situation


conducive to their commission.

3. As to the length of time committed

a. Instant crimes – those committed in the shortest possible time.

b. Episodic crimes – those committed by a series of acts in a lengthy space


of time.

4. As to the location of the commission

a. Static crimes – those committed in only one place.

b. Continuing crimes – those committed in several places.

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5. As to the use of mental faculties

a. Rational crimes – those committed with intention and offender is in full


possession of his sanity.

b. Irrational crimes – those committed by persons who do not know the


nature and quality of their acts on account of a mental disease.

6. As to the type of offenders

a. White-collar crimes – those committed by persons of respectability and


of upper socio-economic class in the course of their occupational
activities; also referred to as corporate or occupational crime.

Examples:

 Tax evasion
 Stocks manipulation
 Plunder
 Bribery, graft and corruption
 Bankruptcy fraud
 Fraud against the government
 Computer crimes
 Insurance fraud
 Political fraud

b. Blue-collar crimes – those committed by ordinary professional criminals


to maintain their livelihood.

7. As to the standard of living of the criminals

a. Crimes of the upper world – e.g. falsification cases

b. Crimes of the underworld – e.g. bag snatching

Other Classes of Crimes

1. Crimes by Imitation – crimes committed by merely duplicating what was done


by others; based on the explanation of crime as a learned behavior.
2. Crimes of Passion – those committed at the height of great emotions.
3. Service Crimes – crimes committed through rendition of service to satisfy
desire of another.
4. Genocide – a crime committed by a government through mass destruction or
annihilation of human populations.
5. Transnational Crimes – violations of law that involve more than one country in
their planning, execution, e.g. drug trafficking, human trafficking (Albanese,
2010).
6. Environmental Crimes – acts that breach environmental legislation and cause
significant harm or risk to the environment and human health, e.g. illegal

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emission or discharge of substances into air, water or soil; illegal trade in


wildlife (http://ec.europa.eu/environment/legal/crime/).
7. Cyber Crimes – crimes that involve computers and networks.
8. Political Crimes – criminal activities for ideological purposes; also serious
violations of laws that threaten the security or existence of the government,
e.g. terrorism, treason or sedition (Legal Dictionary).
9. Family-related Crimes – crimes within the family
10. Patriarchal Crimes – those committed against women and children in the name
of traditional male dominance.

Classification of Criminals

1. Acute criminals – They commit crimes due to impulses of the moment, fit of
passion, anger, or spell of extreme jealousy.

2. Chronic criminals – They are those who acted in consonance with deliberate
thinking.

3. Normal criminals – Their psychic conditions resemble that of a normal


individual, except that they identify themselves with criminal prototypes.

4. Ordinary criminals – Considered to be the lowest form in the criminal career,


ordinary criminals engage only in conventional crimes that require limited
skill. They lack organization to help them avoid arrest and conviction.

5. Organized criminals – They have high degree of organization to enable them to


commit crimes without being detected, with specialized criminal activities
operated in large scale. Force, violence, intimidation, and bribery are used to
gain and maintain control over economic activities that include various forms
of racketeering, gambling, prostitution, and distribution of prohibited drugs.

6. Professional criminals – They are highly skilled and able to obtain considerable
amount of money without being detected due to organization and contact with
professional criminals. They are always able to escape conviction, and they
specialize in crimes that require skills.

7. Accidental criminals – They commit criminal acts as a result of unanticipated


circumstances.

8. Situational criminals – They are not actually criminals but commit crimes due
to a given situation; sometimes their criminal activities are intermixed with
legitimate activities.

9. Habitual criminals – They continue to commit criminal acts for diverse reasons
due to deficiency of intelligence and lack of self-control.

10. Active-aggressive criminals – They commit crimes in impulsive manner usually


due to their aggressive behavior, as shown in crimes of passion, resentment,
or revenge.

11. Passive-inadequate criminals – They commit crimes because they are pushed
to do it, by inducement, reward, or promise without considering the
consequences. For this, they are called “ulukan.”

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12. Socialized criminals – They are normal in their behavior but mere
inadequate and defective in their socialization process. To this group
belong the educated, respectable members of society. They become criminals
on the account of some situation they are involved.

Classification of Criminals (The Revised Penal Code)

1. Recidivist – is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same
title of the Revised Penal Code.

2. Quasi-recidivist – is one who commits another crime after having been


convicted by final judgment of a crime falling under either the Revised Penal
Code or Special Law, before beginning to serve such sentence or while serving
the same.

3. Habitual Delinquent – is one who, within a period of ten (10) years from the
date of his release or last conviction of the crimes of serious or less serious
physical injuries, robbery, estafa, or falsification, is found guilty of any of the
said crimes for the third time or oftener.

Measuring Crimes

The Philippine National Police (PNP), as the premier law enforcement agency,
acknowledges the important role of generating statistical crime data in the overall
assessment of crime trends in the country. Hence, the PNP Headquarters issued
“Letter of Instructions: Unit Crime Periodic Report (UCPER)” dated April 22, 2009.
This directive prescribes a uniform procedure in reporting and collecting crime data
reported to the different law enforcement agencies.
As described in the said directive:
“Crime statistics provide a mathematical measure of the level or amount of
crime that is prevalent in societies. The gathered crime data would help the
law enforcement sector present an accurate crime situation of the country.”

Some of the salient provisions of the UCPER are presented in the foregoing
discussion.

Two Mechanisms in Collecting Statistical Crime Data

1. The National Crime Reporting System (NCRS) – concerned more with the details
of the crime such as victim’s data, offender’s data, among others.

2. Police Regional Office Periodic Report (PROPER) – mainly concerned with what
happened, where, to whom, why, and the results of investigation.

Definition of Terms

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a. Crimes – include felonies which are violations of the Revised Penal Code and
offenses which are violations of special laws.

b. Crime Volume – is the number of crime incidents committed in a given area


over a period of time which include the index and non-index crimes.
CV = Index Crimes + Non-Index Crimes

c. Population – is the number of inhabitants in a given area. The figure to be used


is the medium assumption as per the records from the National
Statistics Office (NSO).

d. Crime Rate – is the number of crime incidents in a given period of time for every
100,000 inhabitants of an area.

Crime Volume
Crime Rate = ---------------------------
Population/100,000

e. Index Crimes – are crimes which are serious in nature and which occur with
sufficient frequency and regularity such that they can serve as an index
to the crime situation. Only the crimes of murder, homicide, physical
injury (serious and less serious), carnapping, cattle rustling, robbery,
theft and rape are considered as index crimes.

f. Solved Cases – NAPOLCOM M.C. No. 94-017 provides that:

A case shall be considered solved:

1) When the following elements occur: The offender has been identified; there
is sufficient evidence to charge him; the offender has been taken into
custody; and the offender has been charged before the prosecutor’s office
or court of appropriate jurisdiction.
2) When some elements beyond police control prevent the arrest of the
offender, such as when the victim refuses to prosecute after the offender
is identified or the offender dies or absconds.

g. Crime Solution Efficiency (CSE) – is the percentage of solved cases out of the
total number of crime incidents handled by law enforcement agencies
for a given period of time.

Solved Cases
CSE = --------------------------- x 100%
Crime Volume

h. Cleared Case – A case shall be considered cleared when at least one of the
offenders has been identified; there is sufficient evidence to charge him;
and he has been charged before the prosecutor’s office or any other

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court of appropriate jurisdiction. Included in this category are solved


cases.

i. Crime Clearance Efficiency (CCE) – is the percentage of cleared cases out of the
total number of crime incidents handled by law enforcement agencies
for a given period of time.

Let’s Remember:

 Crime exists when the person has been proven guilty by the court.
 Crime is committed against the law of state while immorality is committed against the
unwritten social norms in a locality.
 Crime statistics provide a mathematical measure of the level or amount of crime that
is prevalent in societies. The gathered crime data would help the law enforcement
sector present an accurate crime situation of the country.

Let’s Do This:

QUIZ

1. It is an act committed or omitted in violation of a public law forbidding or commanding it


and for which punishment it is imposed upon conviction.
2. It refers to any standard or rule regarding what human beings should or should not think, say
or do given circumstances.
3. The Latin term of “Criminal Conduct”
4. When a crime is committed with intention and the offender is in full possession of his sanity.
5. Crimes that are committed due to fit of great emotions.

Let’s Check:

1. Crime
2. Norm
3. Actus Reus
4. Rational Crime
5. Crimes of Passion

Suggested Readings:

If you want to learn more about the Major Concepts and Theories, there is a wealth of
information on the web. You can start your exploration here;
https://www.britannica.com/science/criminology/Major-concepts-and-theories

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Module Post Test:

1. It refers to any standard or rule regarding what human beings should or should not
think, say or do under given circumstances.
a. Deviance c. Norm
b. Crime d. Misdemeanor

2. This term means “evil in itself”


a. Mala probihita c. Mala in se
b. Culpa d. Mens rea

3. When the wrongful act results from imprudence, negligence, lack of foresight, or lack
of skill, this is crime committed by means of
a. Actus rea c. Dolo
b. Culpa d. Mala In Se

4. They are crime committed due to fit of great emotions.


a. Crimes against Chastity
b. Crimes against Honor.
c. Crimes of Passion
d. Quasi Offenses

IDENTIFICATION
1. It includes felonies which are violations of the Revised Penal Code and
offenses which are violations of special laws.
2. A case shall be considered cleared when at least one of the offenders has
been identified; there is sufficient evidence to charge him; and he has been
charged before the prosecutor’s office or any other court of appropriate
jurisdiction.
3. It is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the
same title of the Revised Penal Code.
4. These are crimes which are serious in nature, and which occur with
sufficient frequency and regularity such that they can serve as an index to
the crime situation.
5. It is one who, within a period of ten (10) years from the date of his release or
last conviction of the crimes of serious or less serious physical injuries,
robbery, estafa, or falsification, is found guilty of any of the said crimes for
the third time or oftener.
6. They commit criminal acts as a result of unanticipated circumstances.

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References/Sources:
Alviola, A. (2013). Introduction to CRIMINOLOGY andPSYCHOLOGY of CRIMES.
https://www.careerprofiles.info/criminologist.html
https://www.doj.gov.ph/files/ccc/Criminal_Code_September-2014(draft).pdf

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Module 3
Module Title: Criminal Etiology

Module Description: This module is about the Different Criminal Etiologies.

Purpose of the Module: This module let the students learn the importance of the causes
of crime based on how they are affected by different
circumstances.

Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.

Module Outcomes: 1. Understand Criminal Etiology


2. Identify the Different Explanations of criminality.

Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that this module required.

Module Pretest: A recitation will be done to identify if they have an existing


knowledge of the module to be discussed

Key Terms: Etiology, Phobia, Conflict, Neutral

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Learning Plan
Lesson No: 3

Lesson Title: Criminal Etiology

Let’s Hit These:


At the end of this lesson, students should be able to:
 Define Criminal Etiology.
 Compare the different Explanations of Criminality

Let’s Get Started:

Fill in the Blanks:

1. A study of the causes of crimes.


2. A study of facial features of a person in relation to his criminal
behavior.
3. It is the impulsive part of the personality and unconscious.
4. The objective, rational part of personality, the reality component.

Let’s Find Out: The activity will help them be familiarize with the definitions
needed in the subject.

Let’s Read:

Intelligence and Crimes

The classic studies of Juke and Kallikak families were among the first to show that
feeblemindedness or low intelligence was in inherited and transferred from one generation to
the next. Numerous tests were likewise conducted that lead to the development of the use of
IQ test as a reading procedure for offenders. The very first results seemed to confirm that
offenders had low mental abilities. They were found to be mentally impaired and incapable of
managing their affairs.

Authorities such as Bartol, Wilson and Herrstein indicate evidence that intelligence is
inherited, as shown by the numerous studies conducted. They were one in concluding that an
estimate of 10-point gap exists on IQ scores between offenders and non-offenders, non-
offenders scoring higher. Moreover, most offenders fall in the low-normal or bolder line rane
(60 to 100 Points)

Criminal etiology, in simpler terms, is a study of the causes of crimes. This


chapter discusses the different explanations to criminality. They include the
various theories (classical or modern) and factors (biological, psychological,
psychiatric, sociological, geographical, and criminogenic) that account for criminal
behavior of man. Basically, this section provides a concise discussion of the
theories of crime causation.

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EARLIER EXPLANATIONS OF THE EXISTENCE OF CRIMINALITY

The following concepts provide a scenario on how criminality was dealt with
in the early times:

1. Crime is caused by demon (Paganism Era). Men violate social norms and
religious practices because they are possessed by demons or evil spirits.

2. Crime is caused by divine will. Men manifest criminal behavior because they
are sinful. God is the offended party when they commit crimes, and the
punishment is in the form of plagues, earthquakes, or other forms of
desolation. This way, God’s anger is lessened.

3. Crime is a matter of personal offense and retribution (Ancient World, Early


Greek Law). The earliest form of punishment was private revenge, in which
the victim or the victim's kin retaliated for injury and the community did not
interfere. This often resulted in vendetta or blood feuds that could continue
for many years until one or the other family was completely wiped out.
The earliest broad laws reflective of the retributive system are those
found in the Babylonian Code of Hammurabi (1790 B.C.). These laws were
based on "an eye for an eye, a tooth for a tooth" concept of retribution.
However, the exacting for a penalty corresponding to the offense was
observed only when the victim was of the upper or freemen group. When a
freeman offended a slave (serf), he might make justice by a small payment of
money. Slaves had no legal rights.

4. Crime is equal to sin (Middle Ages). Crimes and sins were treated as the same
substance and nature. The state claimed that it was acting in the place of God
when it inflicted horrible punishments such as ostracism, stoning, exile from
the community, burning, decapitation, and capital punishment.

In the Twelve Tables (450 B.C.) of the Roman law, intentional


homicide, setting fire to a dwelling or harvested crop, treason, and parricide
were all punished by death.

Another cruel punishment method was trial by ordeal or torture in


which the accused was subjected to difficult and painful tests as means of
extorting confessions. The belief was that an innocent person (protected by
God) would emerge unharmed while a guilty person would die a painful
death. For example, a common method of determining whether a woman was
a witch was to tie her up and throw her into the water. If she floated she was
considered innocent, but if she sank she was guilty. Other forms of ordeal

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included running the gauntlet (a double line of people with whips, fraternity
paddles, or other weapons) and walking on fire.

BIOLOGICAL EXPLANATIONS OF CRIMINALITY

The biological explanations of criminality assume that individuals vary in


behavior because of their biological structural differences. These structural
differences may be the result of chromosomes, genes, chemistry, hormones, or even
body type. The biological theories suppose that something is happening inside the
person, often beyond his control to cause criminal behavior, and that criminals
may be born, not made.

Heredity and Crimes

Early biological theorists believed that criminality was an inherited trait


passed on in the genes. Although this view has long lost popularity, many modern
criminologists are still interested in the role of genetics.

The methods employed to test the proposition that criminality was inherited
are the following:

A. Family Studies

In this method, the family known to have many criminals was compared
with a family free of criminals.

Some studies were conducted to prove that children of criminal parents are
more likely to become law violators than children of conventional parents.
They are as follows:

1. The Study of the Juke Family (Richard Dugdale)

The Juke family consisted of 6 girls, some of whom were illegitimate.


One of them, Ada Juke, was known as “The Mother of Criminals.” Dugdale
traced the 1,200 descendants for 75 years and found 280 paupers, 60
thieves, 7 murderers, 40 other criminals, 40 with sexual diseases, 300
infants prematurely born, 50 prostitutes, and 30 who were prosecuted for
bastardy.
The Juke Family

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1. The Study of the Kallikak Family (Henry Goddard)

Martin Kallikak was an American Revolutionary war soldier. While


stationed in a small village, he met a feeble-minded girl and had illicit
relations with her. About 489 descendants from this lineage were traced
which included 143 feeble-minded and 46 normal. Thirty-six were
illegitimate, 3 epileptics, 3 criminals, 8 kept brothels, and 82 died in infancy.

3. The Study of Sir Jonathan Edwards’ Family

Sir Jonathan Edwards was a famous preacher during the colonial


period. When his family tree was traced, none of the descendants was found
to be criminal. Rather, many became presidents of the United States,
governors, members of the Supreme Court, famous writers, preachers, and
teachers.

Contemporary sociologists also had their share in analyzing heredity


and criminality. Some of their studies are as follows:

A study led by David Farrington revealed that a significant number of


delinquent youths had criminal fathers. In his other study, he found that
one type of parental deviance, bullying, may be both inter- and intra-
generational. Bullies have children who bully others, and these “second
generation bullies” grow up to become the fathers of children who are also
bullies, in a never-ending cycle.

B. Twin Behavior Studies

The logic of this method is that if there is greater similarity in behavior


between identical twins than between fraternal twins, the behavior must be due to
heredity.

In the 1920s, Lange studied 30 pairs of same-sex twins – 13 identical and 17


fraternal twins. He found out that one member of each pair
was a known criminal. Moreover, both Identical twins twins in 10 of the 13
pairs of identical twins were criminal; 2 of the 17 pairs of fraternal twins were both
criminal. This showed a significant relationship between the criminal activities of
identical twins and a much lower association between those of fraternal twins.

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A famous study of twin behavior is the Minnesota study of twins reared


apart. Experts’ conclusion was that twins are alike in personality regardless of how
they are reared, that environment induces little or no personality resemblance on
twin pairs.

C. Adoption Studies

This method compared the criminal records of adopted children who were
adopted at relatively early age with the criminal records of adopted parents. Several
studies indicate that some relationship exists between biological parents’ behavior
and the behavior of their children. In the most significant study, Hutchings and
Mednick found that the criminality of the biological father was a strong predictor of
the child’s criminal behavior. An analysis of Swedish adoptees also found that
genetic factors are highly significant accounting for 59 percent of the variation in
their petty crime rates. Boys who had criminal parents were significantly more
likely to violate the law.

D. The XYY “Supermale” Studies

The role of chromosomes in crime causation has been analyzed in recent


studies on human genetics. The first well-known study of this type was undertaken
by Patricia A. Jacobs, a British researcher who examined 197 Scottish prisoners for
chromosomal abnormalities through a relatively simple blood test known as
karyotyping. Twelve of the group displayed chromosomes which were unusual, and
7 were found to have an XYY chromosome. “Normal” males possess an XY
chromosome structure while “normal” females are XX. Some other unusual
combinations might be XXX, wherein a female’s genetic makeup contains an extra
X or female chromosome. Klinefelter’s males (with an extra X chromosome) often
are possessed of male genitalia, but are frequently sterile and with evident breast
enlargement and intellectual retardation. The XYY male, however, whose incidence
in the prison population was placed at around 3.5% by Jacobs, was quickly
identified as potentially violent and termed a supermale.

Studies of XYY males tend to show that supermales:

 Are taller than the average male, often standing 6’1” or more.
 Suffer from acne or skin disorders.
 Are of less than average intelligence.
 Are overrepresented in prisons and mental hospitals.
 Come from families with less history of crime or mental illness.

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Physiognomy

Physiognomy is the study of facial features of a person in relation to his


criminal behavior. This is done to determine whether the shape of the ears, nose
and eyes, and the distances between them were associated with anti-social
behavior. The first to use this approach was Beccaria in his Crime and Punishment.
It was later revived by Swiss theologian Johann Kaspar Lavater (1741-1801).

Phrenology or Craniology

Phrenology or craniology is the study of the external formation of the skull


indicating the conformation of the brain and the development of its various parts in
relation to the behavior of the criminal. This is associated with the work of Franz
Joseph Gall.

Physiology or Somatotype

Physiology or somatotype refers to the study of the body build of a person in


relation to his temperament and personality and the type of offense he is most
prone to commit. This approach was originated by Ernst Kretschmer and
developed by William Sheldon.

Kretschmer studied the different body types and presented the relationship
between physique and mental illness. He classified the body build into three
distinct types:

1. Asthenic type - thin with long narrow arms, delicate bone structure and
appearance; could also be muscular and athletic. This body type is associated
with schizophrenia and tends to be idealistic, introverted, withdrawn, and
prone to commit larceny and fraud cases.
2. Pyknic type – round, fat and fleshy body; associated with manic-
depressiveness. Persons with this built tend to be moody, extrovert, jolly and
realistic. They are prone to commit deception, fraud and violence.
3. Dysplastic type – partly asthenic and partly pyknic with no identifiable mental
illness. Their offenses are against decency and morality.

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Body Types

Sheldon defined three body types and their corresponding temperaments:

Body Type Physical Attributes Temperament

1. Ectomorph tall, thin, bony, droopy Cerebrotonic – full of complaints,


shoulders insomniac with chronic fatigue and
sensitive skin, nervous and self-
conscious, an introvert

2. Endomorph round, fat, short, Viscerotonic – relaxed, jolly, lazy,


tapering limbs, and small comfortable, loves luxury, an
bones extrovert

3. Mesomorph muscular with athletic Somotonic – active, dynamic; walks,


built talks and gestures assertively;
behaves aggressively; dominant;
more prone to criminal activity than
the ectomorphs and endomorphs

Physical Defects and Crimes

Leaders of notorious criminal groups are usually nicknamed, in accordance


with their physical defects or handicaps, such funny names as “Dorong Pilay,”
“Asiong Bingot,” “Densiong Unano,” and others. These physical defects were the
usual source of irritation during their childhood days whenever they were the
subject of mockery by others. As a result, they develop inferiority complex.
Consequently, they have poor social relationship and serious emotional
disturbances. They lack competitiveness occupationally and socially, and they
become frequently irritated by people. This makes them resort to violent criminal
behavior.

PSYCHOLOGICAL AND PSYCHIATRIC EXPLANATIONS


OF CRIMINALITY

Psychologists and psychiatrists, same with biologists and chemists, also


attempted to explain behavior. They tried to find out whether criminal behavior is
caused by such personality factors as emotional problems, mental disorders,
sociopathy, and thinking patterns. The psychological and psychiatric theories have
the common assumption that there is something wrong with the mind of the
offender, which causes him to commit crimes.

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Psychoanalytic Theory

This theory blames criminal or delinquent behavior to a conscience that is


either so overbearing that it arouses feelings of guilt, or so weak that it cannot
control the individual’s impulses and leads to a need for immediate gratification.

Sigmund Freud, the founder of psychoanalysis, viewed criminality as a


result of too much guilt feelings. He noticed that those suffering from unbearable
guilt committed crimes in order to be apprehended and punished. Once they had
been punished, their feelings of guilt were relieved.

Freud attributed these feelings to man’s personality structure: the id, ego
and the super-ego, as follows: Sigmund Freud (1856-1939)

1. The Id - It is the impulsive part of the personality and unconscious.


It represents the unconscious biological drives for sex, food and other life-
sustaining necessities. The id impulses require instant gratification without
concern for the rights of others. Hence, they must be repressed. It operates
according to “pleasure principle.”

2. The Ego - This is the objective, rational part of personality, the


reality component. Hence, it considers sensibility and responsibility to
others. The ego compensates for the demands of the id by helping the
individual guide his actions to remain within the boundaries of
righteousness and fairness. It operates according to “reality principle.”

3. The Superego – The superego is the “conscience” of a person. It is


the moral aspect of personality. It allows a person to feel pride, shame and
guilt. Thus, it is largely responsible for making a person follow the moral
codes of society. It helps a person weigh his thoughts and actions. Freud
believed that some people are criminal due to an overdeveloped superego
which leads to guilt, anxiety and a desire for punishment.

In contrast to Freud’s notion of criminality caused by overdeveloped


superego, August Aichorn argued that criminality is rather the result of an
underdeveloped superego. Aichorn was a psychoanalyst who administered an
institution for juvenile delinquents. He observed that many of the
incarcerated youths had underdeveloped superegos, and he attributed their
criminality to unregulated id (Glick, 1995).

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SOCIOLOGICAL EXPLANATIONS OF CRIMINALITY

Sociologists emphasize that human beings live in social groups, and that
those groups and the social structure they create influence behavior. Most
sociological theories of crime causation assume that a criminal’s behavior is
determined by his or her social environment, which includes families, friends,
neighborhoods, and so on. Most sociological theories of crime explicitly reject the
notion of the born criminal.

A. Social Learning Theory

Social learning theorists believe that crime is a product of learning the


norms, values and behaviors associated with criminal activity.

1. Differential Association Theory – Developed by Edwin Sutherland, it


assumes that persons who become criminal do so because of contacts with
criminal patterns and isolation from noncriminal patterns.

Principles of Differential Association:

 Criminal behavior is learned. Delinquent and criminal behavior is


learned in the same manner as any other behavior, such as writing,
painting, or reading.
 Learning is a by-product of interaction. Behavior is learned through
interaction with others.
 Learning occurs within intimate groups. People’s contacts with their
most intimate social companions – family, friends, peers – have the
greatest influence on their deviant behavior and attitude development.
 Criminal techniques are learned. Young delinquents learn from their
associates the proper way to pick up a lock, shoplift, and obtain and
use narcotics.
 Perceptions of legal code influence motives and drives. The reaction to
social rules and laws is not uniform across society, and people
constantly come into contact with others who maintain different views
on the utility of obeying the legal code. Some people they admire may
openly disdain or flout the law or ignore its substance. A person
becomes a criminal when he or she perceives more favorable than
unfavorable consequences to violating the law. An example would be
when a person is exposed to friends sneaking into a theater to avoid
paying for a ticket.

2. Differential Reinforcement Theory – Proposed by Ronald Akers in


collaboration with Robert Burgess, it is a version of the social learning view
that employs both differential association concepts along with elements of

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psychological learning theory. According to Akers, people learn to be neither


“all deviant” nor “all conforming” but rather strike a balance between the two
opposing poles of behavior. This balance is usually stable, but it can undergo
revision over time.
A number of learning process shape behavior. Direct conditioning,
also called differential reinforcement, occurs when behavior is reinforced by
being either rewarded or punished while interacting with others. When
behavior is punished, this is called negative reinforcement.

3. Neutralization Theory – This theory is identified with the writings of David


Matza and Gresham Sykes. They viewed the process of becoming
a criminal as a learning experience in which potential delinquents and
criminals master techniques that enable them to counterbalance or neutralize
conventional values and drift back and forth between illegitimate and
conventional behavior. Matza argued that even the most committed criminals
and delinquents are not involved in criminality all the time; they also attend
schools, family functions, and religious services.

Sykes and Matza based their theoretical model on these observations:

 Criminals sometimes voice a sense of guilt over their illegal acts.


 Offenders frequently respect and admire honest, law-abiding persons.
 Criminals draw a line between those whom they can victimize and those
whom they cannot.
 Criminals are not immune to the demands of conformity.

Techniques of Neutralization:

 Denial of responsibility
 Denial of injury
 Denial of victim

B. Social Control Theory

Another approach is made by the social bond or social control theory.


Instead of looking for factors that make people become criminal, these theories try
to explain why people do not become criminal. Travis Hirschi identified four main
characteristics: “attachment to others,” “belief in moral validity of rules,”
“commitment to achievement,” and “involvement in conventional activities.”

C. Conflict Theory

Conflict theory assumes that society is based primarily on conflict between


competing interest groups – for instance, the rich against the poor, management

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against labor, men against women, adults against children. In many cases,
competing interest groups are not equal in power and resources. Consequently, one
group is dominant and the other is subordinate. One of the earliest theorists to
apply conflict theory to the study of crime was George Fold.

 Radical Theory

Although Karl Marx wrote very little about crime and criminal justice,
radical theories of crime causation are generally based on Marx’s ideas. Among the
first criminologists to employ Marxist theory to explain crime and justice were
Richard Quinney, William Chambliss and Anthony Platt.

D. Social Reaction Theory

Commonly called labeling theory, the focus of social reaction theory is the
criminalization process – the way people and actions are defined as criminal. The
distinguishing feature of all “criminals” is that they have been the object of a
negative social reaction.

 Labeling Theory

This theory states that the reaction of other people and the immediate effects
of these reactions create deviance. Once it became known that a person has
engaged in a delinquent behavior, said person is segregated from society, and a
label such as “thief,” “drug addict,” and “criminal,” is attached to the person.

E. Social Structure Theories

Many criminologists view the disadvantaged economic class position as a


primary cause of crime. This view is referred to as social structure theories.

There are three independent, yet overlapping branches within the social
structure perspective – social disorganization, strain theory, and cultural deviance
theory.

1. Social Disorganization Theory

Social disorganization theory is based on the work of Henry Mckay


and Clifford Shaw of the Chicago School. It links crime rates to
neighborhood ecological characteristics.

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2. Strain Theory

This theory holds that crime is a function of the conflict between the
goals people have and the means they can use to legally obtain them.
Although social and economic goals are common to people in all economic
strata, strain theorists argue that the ability to obtain these goals is class-
dependent.

Sociologist Robert Agnew’s General Strain Theory (GST) helps


identify the micro-level or individual influences of strain. Whereas Merton
tried to explain social class differences in the crime rate, Agnew tried to
explain why individuals who feel stress are more likely to commit crimes. He
also offered a more general explanation of criminal activity among all
elements of society rather than restricting his views to lower-class crime. He
suggested that criminality is the direct result of negative affective states –
the anger, frustration, and adverse emotions that emerge in the wake of
negative and destructive social relationships. These negative affective states
are produced by a variety of sources of strain:

 Failure to achieve goals


 Disjunction of expectations and achievements
 Removal of positive stimuli
 Presentation of negative stimuli

3. Cultural Deviance Theory

This theory combines elements of both strain and social


disorganization. According to this view, because of strain and social
isolation, a unique lower-class culture develops in disorganized
neighborhoods.

Albert Cohen postulated the Theory of Delinquent Subcultures. His


position was that delinquent behavior of lower-class youths is actually a
protest against the norms and values of middle class culture. Because social
conditions make them incapable of achieving success legitimately, lower-
class youths experience status frustration. As a result, they join in gangs
and engage in non-utilitarian, malicious and negativistic
behavior.
Richard Cloward and Lloyd Ohlin also combined strain and social
disorganization principles into a portrayal of a gang-sustaining criminal
subculture. They agreed with Cohen and found that independent delinquent
subcultures exist within society. They suggest that delinquency can result
from differential opportunity for lower class youth, hence the Theory of

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Differential Opportunity. Such youths may be tempted to take up criminal


activities, choosing an illegitimate path that provides them more lucrative
economic benefits than conventional, over legal options such as minimum
wage-paying jobs available to them.

Geographical Factors

Earlier criminologists correlated climate, humidity, wind, velocity,


atmosphere pressure, rainfall, nature of soil, and other geographical factors to the
existence and development of crimes and criminality. The following are some of the
explanations formulated by criminologists about the contribution of geography on
crimes.

1. North and South Pole

According to Quetelet’s “thermic law of delinquency”, crimes against persons


predominate in the South Pole during warm season while crimes against property
predominate in the North Pole and cold countries.

2. Approach to the Equator

According to Montesquieu (Spirits of Laws, 1748), criminality increases in


proportion as one approaches the equator, and drunkenness increases as one
approaches the north and south pole.

3. Season of the Year

Crimes against persons are more in summer than in rainy season while
crimes against property are more during rainy season.

4. Soil Formation

More crimes of violence are recorded in fertile level lands than in hilly,
rugged terrain. In these places are more congregations of people, and there is more
irritation. Also, there is more incidence of rape in level districts.

5. Month of the Year

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There is frequent incidence of violent crimes during warm months from April
to July having its peak in May. This is due to May festivals, excursions, picnics,
and other sorts of festivities wherein people are more in contact with one another.

6. Temperature

Studies showed that the number of arrests increases quite regularly with the
increase of temperature. Increase of temperature affects the emotional state of the
individual and leads to fighting. Furthermore, the influences of temperature upon
females were greater than upon males.

7. Humidity and Atmospheric Pressure

According to a survey, large numbers of assaults are to be found correlated


with low humidity and a small number with high humidity. It was explained that
low and high humidity are both vitally and emotionally depressing to the
individual.

8. Wind Velocity
Studies explained that during high wind, arrests were less. It may be due to
the presence of more carbon dioxide in the atmosphere that lessens the vitality of
men to commit violence.
Other Sociological Causes of Crimes

1. Lack of parental guidance


2. Broken homes and family
3. Poor status of neighborhood
4. Bad association with criminal groups
5. Lack of recreational facilities for proper use of leisure time
6. Lack of employment opportunities
7. Failure of the school in character development of the children or the youth
8. Influence of mass media

OTHER FACTORS OF CRIME CAUSATION

3. Alcoholism – It is a form of vice causing mental disturbance. It is a condition


wherein a person is under the influence of intoxicating liquor or alcohol.
4. Drug Addiction – This is another form of vice which causes strong mental
disturbance. Drug addiction is the state of periodic or chronic intoxication
produced by repeated consumption of natural or synthetic drugs.

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Let’s Remember:
{Place here summary of the lessons}

 Cesare Beccaria was the first one to use Physiognomy on his book.
 Physiology or Somatotype approach was originated by Kretschmer and developed by
William Sheldon.

Let’s Do This:

Let’s Check:

Suggested Readings:

If you want to learn more about the etiology of criminality, there is wealth of information
available on the web. You can start exploring here:
https://www.ncjrs.gov/pdffiles1/Digitization/60117NCJRS.pdf

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Module Post Test- III:

IDENTIFICATION

1. It is the impulsive part of the personality and unconscious. It represents


the unconscious biological drives for sex, food and other life-sustaining
necessities.
2. The founder of psychoanalysis and viewed criminality as a result of too
much guilt feelings.
3. It is the study of facial features of a person in relation to his criminal
behavior.
4. It is the study of the external formation of the skull indicating the
conformation of the brain and the development of its various parts in
relation to the behavior of the criminal.
5. It is the study of facial features of a person in relation to his criminal
behavior.
6. It refers to the study of the body build of a person in relation to his
temperament and personality and the type of offense he is most prone to
commit.
7. This theory blames criminal or delinquent behavior to a conscience that
is either so overbearing that it arouses feelings of guilt, or so weak that it
cannot control the individual’s impulses and leads to a need for
immediate gratification.
8. It is a study of the causes of crimes.
9. This theory is identified with the writings of David Matza and
Gresham Sykes. They viewed the process of becoming a criminal as a
learning experience in which potential delinquents and criminals master
techniques that enable them to counterbalance or neutralize
conventional values and drift back and forth between illegitimate and
conventional behavior.
10. It is a form of vice causing mental disturbance. It is a condition wherein a
person is under the influence of intoxicating liquor or alcohol.

References/Sources:
Alviola, A. (2013). Introduction to CRIMINOLOGY
andPSYCHOLOGY of CRIMES.
https://www.jstor.org/stable/pdf/590155.pdf
https://www.bbc.co.uk/bitesize/guides/zqb2pv4/revision/

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Module 4
Module Title: Victimology

Module Description: This module is about all the aspects of victimology.

Purpose of the Module: This module let the students learn the importance of the role
played by the victim in a criminal incident

Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.

Module Outcomes: 1. Understand Victimology and its Goals.


2. Differentiate Types and Theories of Victimization.
3. Knowledgeable of the Psychological Effects of Victimization
and the services provided to the victims.

Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that his module required.

Module Pretest: A recitation will be done to identify if they have an existing


knowledge of the module to be discussed

Key Terms: Victim, Mentally-Ill, Risk, Personality

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Learning Plan
Lesson No: 4

Lesson Title: Victimology

Let’s Hit These:


At the end of this lesson, students should be able to:
 Define Victimology
 Compare differentiate types and theories of victimization.
 Create In depth understanding of the Different Effects of Victimization.

Let’s Get Started:

Match the following types of Victims

1. Imaginary a. Places himself in a compromising situation.


2. Completely Innocent b. Pretends to be one
3. More Guilty than Offender c. Started off as the offender
4. Victim with Minor Guilt d. Provoked the casual act
5. Most Guilty e. No facilitating behavior.

Let’s Find Out: The activity will help them familiarize the types of victims and it will
help them to better understand the upcoming lesson.

Let’s Read:

Services provided to Victims

Being at their most vulnerable state after the crime experience, the victims are in need of some
support to easily cope. Some of the services provided to them include:

 Assistance to victims who report crimes.


 Responding at the scene of crime in order to provide crisis counseling.
 Providing 24-hour telephone hot line service to victims and witnesses.
 Making emergency monetary aid available to victims.
 Providing victims with referral services to appropriate agencies.
 Helping victims obtain the return of property.
 Assisting victims and witnesses throughout their court appearance.

Victimology is a branch of criminology which examines the role played by the


victim in a criminal incident. In simpler terms, it is the study of the victims of
crime.

The criminal justice system spends the bulk of its time and energy trying to
control criminals. It was within this preoccupation of understanding criminal
activity and identifying the causes of criminal behavior that the victim was

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“rediscovered” in the 1940s. Interestingly, the victim emerged not as an individual


worthy of sympathy or compassion but as possible partner or contributor to his or
her own demise. Students of criminal behavior began to look at the relationship
between the victim and the offender in the hopes of better understanding the
genesis of the criminal act (Doerner & Lab, 2012).

Of course, there is no way that a victim should be blamed for becoming one.
Every individual has the right to live and to be spared from the risks and harms of
a violent crime. Yet, the fact remains that to understand the offender, one must
first understand the victim.

It was the scientist Hans von Hentig, a victim of Nazi persecution, who
focused criminologists’ attention to the significance of the victim in criminal
activity. His book The Criminal and His Victim may be said to have founded
victimology as a new branch of study.

Goals of Victimology

The study of victimology focuses on five goals:

1. To understand and measure the extent and nature of crime as victims perceive
them
2. To assess the relative risk of victimization
3. To appreciate the nature and extent of losses, injuries, and damages
experienced by victims of crime
4. To study the relation between victim and offender
5. To investigate the social reaction of the family, community, and society toward
the victim of crime.

TYPES OF VICTIMIZATION

Personal Victimization

Personal victimization occurs when one party experiences some harm that is
a result of interacting with an offending party. Personal victimizations can be lethal
(e.g., homicide), nonlethal (e.g., assault), or sexual (e.g., forced rape). These
victimizations can be violent (e.g., robbery) or nonviolent (e.g.,
psychological/emotional abuse). Examples of personal victimization also include
domestic violence, stalking, kidnapping, child or elder

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maltreatment/abuse/neglect, torture, human trafficking, and human rights


violations.

Property Victimization

Property victimization involves loss or destruction of private or public


possessions. Property victimization can be committed against a person or against a
specific place (e.g., residence), object (e.g., car), or institution (e.g., business).
Encompassing offenses include burglary, arson, motor vehicle theft, shoplifting,
and vandalism. Embezzlement, money laundering, and a variety of
computer/Internet offenses (e.g., software piracy) are also property victimizations.

General Classes of Victims (Hans von Hentig)

1. The Young – weak by virtue of age and immaturity

2. The Female – often less physically powerful than the male

3. The Old – incapable of physical defense, and the object of confidence schemes

4. The Mentally Defective – unable to think clearly, e.g. the feeble-minded, the
insane

5. The Immigrants – unsure of the rules of conduct in the surrounding society

6. The Minorities – Racial prejudice may lead to victimization or unequal


treatment by the agencies of justice.

7. The Dull Normals – the simple-minded person, the “born victims of swindlers”

Psychological Types of Victims (Hans von Hentig)

1. The Depressed – submissive by virtue of emotional condition

2. The Acquisitive or Greedy – always wanting more, looking for quick gains

3. The Wanton or Overly Sensual – ruled by passion and thoughtlessly seeking


pleasure, e.g. promiscuous persons

4. The Lonesome – similar to the acquisitive type of victim by virtue of wanting


companionships or affection

5. The Heartbroken – those suffering from heartaches and pain

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6. The Tormentor – a victim who asked for it, often from his or her own family
and friends

Victim Types (Benjamin Mendelsohn)

Another pioneer in the field of victimology was Benjamin Mendelsohn, a


European defense lawyer. In fact he has been referred to as the “father” of
victimology, having coined this term. Mendelsohn, just like von Hentig, was
intrigued by the dynamics that take place between victims and offenders. He came
up with his own typology of victims with six categories:

1. Completely Innocent Victim – There is no provocation or facilitating behavior.

2. Victim with Minor Guilt – Victim inadvertently places himself in a compromising


situation.

3. Victim as Guilty as Offender – Victim was engaging in vice crimes and was
hurt, e.g. suicide victim.

4. Victim More Guilty Than Offender – Victim provoked or instigated the causal
act.
5. Most Guilty Victim – Victim started off as the offender and was hurt in turn.

6. Imaginary Victim – Victim pretends to be one due to a mental disorder.

THE NATURE OF VICTIMIZATION

Victim Characteristics

Social and demographic characteristics distinguish victims and nonvictims.


Among them are age, gender, social status, marital status, race, and residence.

 Age – Victim data reveal that young people face a much greater victimization
risk than do older persons.

 Gender – Except for the crimes of rape and sexual assault, males are more
likely than females to suffer violent crime. Men are twice as likely as women
to experience aggravated assault and robbery. Women, however, are six times
more likely than men to be victims of rape or sexual assault.

When men are the victims of violent crime, the perpetrator is a


stranger; women are much more likely to be attacked by a relative than are
men. About two-thirds of all attacks against women are committed by a
husband, boyfriend, family member, or acquaintance.

 Social Status – People in the lowest income categories are much more likely to
become crime victims than those who are more affluent. Poor individuals are
most likely the victims of crime because they live in crime-prone areas, such
as the slums and urban areas. Although the poor are more likely to suffer

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violent crimes, the wealthy are more likely to be targets of personal theft
crimes, such as pocket picking and purse (bag) snatching.

 Marital Status – Divorced and never-married males and females are victimized
more often than married people. Widows and widowers have the lowest
victimization risk.

 Race – In the U.S., African Americans (Blacks) are more likely than whites to
be victims of violent crime.

 Residence – Urban residents are more likely than rural or sub-urban residents
to become victims of crime.

Types of Characteristics That Increase the Potential for Victimization

Three types of characteristics increase the potential for victimization:


(Finkelhor and Asigian, 1996)
1. Target vulnerability. Victims’ physical weakness or psychological distress
renders them incapable of resisting or deterring crime and makes them easy
targets.

2. Target gratifiability. Some victims have some quality, possession, skill, or


attribute that an offender wants to obtain, use, have access to, or manipulate.
Having attractive possessions, such as leather coat, may make one vulnerable
to predatory crime.

3. Target antagonism. Some characteristics increase risk because they arouse


anger, jealousy, or destructive impulses in potential offenders. Being gay or
effeminate, for example, may bring on undeserved attacks in the street; being
argumentative and alcoholic may provoke assault.

Who Fear Crime?

Surveys reveal some of the differences in the public’s fear of crime. Among
these differences are the following:

 Gender – Females are more fearful than males.

 Race/Ethnicity – Nonwhites are more fearful than whites.

 Age – People 30 years old and older are slightly more fearful than people less
than 30 years old.

 Religion – Jews are more fearful than Protestants or Catholics.

 Community – People living in urban areas are more fearful than people living
in rural areas.

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 Region – Easterners and Southerners are more fearful than Westerners and
Midwesterners.

 Education – The higher the level of education of a person, the lower is the
person’s fear for crime.

 Income – Fear of crime victimization declines with increasing family income.

Theories of Victimization

For many years criminological theories focused on the actions of the criminal
offender; the role of the victim was virtually ignored. In contrast, modern
victimization theories already acknowledge that the victim is not a passive target in
crime, but someone whose behavior can influence his or her own fate.

1. Victim Precipitation Theory – According to this view, some people may


actually initiate the confrontation that eventually leads to their injury or
death. Victim precipitation can be either active or passive.
2. Lifestyle Theory – According to this theory, people may become crime victims
because their lifestyle increases their exposure to criminal offenders.
Victimization risk is increased by such behaviors as associating with young
men, going out in public places late at night, and living in an urban area.

During an investigation, victims are classified in three general


categories that describe the level of risk their lifestyle represents in relation to
the violent crime that has been committed. The importance of understanding
this in an investigation is directly related back to the level of risk to the
offender during the commission of the crime. This information is important
to the investigation to better understand the sophistication or possible
pathology of the offender.

 High-Risk Victims – Victims in this group have a lifestyle that makes them
a higher risk for being a victim of a violent crime. The most obvious high
risk victim is the prostitute. Prostitutes place themselves at risk every
single time they go to work. They are of high risk because they get into a
stranger's car, go to secluded areas with strangers, and for the most
part, attempt to conceal their actions for legal reasons. Offenders often
rely on all these factors and specifically target prostitutes because such
conditions lower their chances of becoming suspects in the
crime. Therefore, in this example, the prostitute is a high risk victim
creating a lower risk to the offender.

 Moderate-Risk Victims – Victims that fall into this category are lower risk
victims, but for some reason were in a situation that placed them in a
greater level of risk. A person that is stranded on a dark, secluded highway
due to a flat tire and accepts a ride from a stranger and is then victimized,
would be a good example of this type of victim level risk.

 Low-Risk Victims – The lifestyle of these individuals would normally not


place them in any degree of risk for becoming a victim of a violent
crime. These individuals stay out of trouble, do not have peers that are

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criminal, are aware of their surroundings, and attempt to take precautions


so as not to be victimized. They lock the doors, do not use drugs, and do
not go into areas that are dark and secluded.

The chart that follows shows variables that should be considered when
gathering information on a victim.

Gender/Age Interpersonal Relationships: Life Insurance? Lifestyle: Habits,


Social, Sexual, Family Frequented
Locations, Economic
Status
Risk Level How would the victim react to Mental Physical Handicaps
an Stability
attack? Passive/Aggressive?
Future Plans Employment/Income Personality Previous
Victimization
Family/Marital Friends: Number & Type – Education Alcohol/Drug Use
Status Enemies
Normal Dress Style Mode of Transportation Medical Criminal Justice
History System History
Leisure Activities/ Dating/Sexual Habits Reputation Likes/Dislikes/Fears

Hobbies
Source: http://www.deviantcrimes.com/victimology.html

After all the information has been gathered, a timeline of events leading up to
the crime should be created in order to better understand how this specific individual
became a victim of a violent crime.

3. Deviant Place Theory – According to this theory, victims do not encourage


crime but are victim-prone because they reside in socially disorganized high-
crime areas where they have the greatest risk of coming into contact with
criminal offenders.

4. Routine Activity Theory – This theory was first articulated by Lawrence


Cohen and Marcus Felson. They concluded that the volume and distribution
of predatory crime (violent crimes against a person and crimes in which an
offender attempts to steal an object directly) are closely related to the
interaction of three variables that reflect the routine activities:

 The availability of suitable targets, such as homes containing easily


saleable goods
 The absence of capable guardians, such as police, homeowners,
neighbors, friends, and relatives
 The presence of motivated offenders, such as a large number of
unemployed teenagers

Psychological Effects of Victimization

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Research in America suggested that crime victims can suffer any of the
following reactions: (Kahn, 1984 as cited by Ainsworth, 2000)

 depression (Posttraumatic Stress Disorder);


 anxiety;
 paranoia;
 loss of control;
 shame;
 embarrassment
 vulnerability;
 helplessness;
 humiliation;
 anger;
 shock;
 feelings of inequity;
 increased awareness of mortality;
 tension; and
 fear.

Other effects of crime to victims include loss, suffering, fear (fear for others),
Obsessive-compulsive Disorder (extreme preoccupation with certain thoughts and
compulsive performance of certain behaviors), and antisocial behavior. Also, there
is growing evidence that people who are crime victims also seem more likely to
commit crime themselves.

Services Provided to Victims

Being at their most vulnerable state after the crime experience, the victims are
in need of some support to easily cope. Some of the services provided to them include:

 Assistance to victims who report crimes


 Responding at the scene of crime in order to provide crisis counseling
 Providing 24-hour telephone hot-line service to victims and witnesses
 Making emergency monetary aid available to victims
 Providing victims with referral services to appropriate agencies
 Helping victims obtain the return of property
 Assisting victims and witnesses throughout their court appearances

Let’s Remember:
{Place here summary of the lessons}

 Hans von Hentigs Book “The Criminal and His victim” may be said to have founded
victimology as a new branch of study.
 Benjamin Mendelsohn is referred to as the “father” of victimology.

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Let’s Do This:

QUIZ

1. He coined the term victimology.


2. This scientist wrote the book The Criminal and His Victim, which paved the way to
understanding the victim’s role in crime occurrence.
3. Crimes committed through a series of acts in a lengthy space of time.
4. This are committed by ordinary criminals as a means of livelihood.
5. It is the percentage of solved cases out of the total number of crime incidents handled by law
enforcement agencies for a given period of time.

Let’s Check:

1. Benjamin Mendelsohn
2. Hans von Hentig
3. Episodic Crimes.
4. Blue-Collar Crimes
5. Crime Solution Efficiency (CSE)

Suggested Readings: If you want to learn more about how the victimology is helping
forensic psychology professionals improve multiple aspects of the
criminal justice system. There is a wealth of information available on
the Web. You can start your exploration here:
https://www.waldenu.edu/online-masters-programs/ms-in-forensic-
psychology/resource/what-is-victimology-and-why-is-it-important-in-
forensic-psychology

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Module Post Test:

1. These victims are unsure of rules of conduct in the surrounding society.


a. The Immigrants c. The Dull Normals
b. The Mentally Defective d. The Young

2. Suicide victims are of this type.


a. Most Guilty Victim
b. Completely Innocent Victim
c. Victim with Minor Guilt
d. Victim as Guilty as Offender.

3. Anger, Jealousy, or destructive impulses increase chances of being victimized. What


type of characteristics does this exemplify?
a. Target Vulnerability c. Target Antagonism
b. Target Gratifiability d. Target Hostility

4. A person that is stranded on a dark, secluded highway due to a flat tire, and accepts a
ride from a stranger would be a good example of this type of victim level risk.
a. High-Risk Victim
b. Moderate-Risk Victim
c. Extremely High-Risk Victims
d. Low-Risk Victims.

5. This theory asserts that there are three variables of victimization – the availability of
suitable targets, the absence of capable guardians, and the presence of motivated
offenders.
a. Deviant Place Theory c. Victim Precipitation
b. Routine Activity d. Lifestyle Theory

IDENTIFICATION
1. It is a branch of criminology which examines the role played by the victim in
a criminal incident. In simpler terms, it is the study of the victims of crime.
2. According to this theory, victims do not encourage crime but are victim-prone
because they reside in socially disorganized high-crime areas where they have
the greatest risk of coming into contact with criminal offenders.
3. According to this theory, people may become crime victims because their
lifestyle increases their exposure to criminal offenders.
4. According to this view, some people may actually initiate the confrontation
that eventually leads to their injury or death. Victim precipitation can be
either active or passive.
5. This theory was first articulated by Lawrence Cohen and Marcus Felson.
They concluded that the volume and distribution of predatory crime are
closely related to the interaction of three variables that reflect the routine
activities.

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References/Sources:
Alviola, A. (2013). Introduction to
CRIMINOLOGY andPSYCHOLOGY of CRIMES.

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Module 5
Module Title: Introduction to Criminal Law

Module Description: This module is about the General Information of Law. Mostly,
it’s Basics.

Purpose of the Module: This module let the students learn the importance of order (law)
as an essential part of the society

Module Guide: The Learners are advised to read, practice and Participate in the
modules lessons.

Module Outcomes: 1. Familiarize and Understand Law and its Branches


2. Understand the concepts and Characteristics of Law.
3. Gain In-depth Understanding of Philippine Criminal Law and
the Circumstances that affects Criminal Liability.

Module Requirements: At the end of this module, the students will have to pass the
compiled Assessment Activities that this module required.

Module Pretest: A recitation will be done to identify if they have an existing


knowledge of the module to be discussed

Key Terms: Folkways, Mores, Law, Uniform

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Learning Plan
Lesson No: 5

Lesson Title: Introduction to Criminal Law

Let’s Hit These:


At the end of this lesson, students should be able to:
 Define Law
 Compare the Different Branches of Law
 Create a Deep Understand about the Concepts and Characteristics of Law.
 Differentiate the Circumstances that affect the Criminal Liability.

Let’s Get Started:

Instruction: Try to translate the basic Maxims below

1. Nullum crimen, nulla poena sine lege


2. Actus non facit reum, nisi mens sit rea
3. Actus me invito factus non est meus actus
4. El que es causa de la causa es causa del mal causado

Let’s Find Out:

Different Latin Maxims is one of the basics used in the study of law. It will help them
to better understand the criminal law.

Let’s Read:

The Revised Penal Code

The Revised Penal Code took effect on January 1, 1932. To this day, it remains in force.
It penalizes classes of acts that are generally criminal, such as murder or homicide, rape,
robbery, and theft. Elements that each crime compromises are also defined in the code.

The Revised Penal Code has two parts – Book One provides the general provisions on
the application of the law and the general principles of criminal law. It defines and classifies
felonies and identifies circumstances which affect criminal liability. It also stipulates the
classification, duration, and effects of criminal penalties. Likewise, it provides for the existence
and extinction of criminal and civil liabilities in crimes. Book Two of the Revised Penal Code,
on the other hand, defines and classifies the specific crimes and their corresponding penalties.

On the other hand, not all crimes in the Philippines are penalized under the Code.
Certain Acts, such as the possession of firearms, are penalized under special legislations
contained in the Republic Acts. Also, crimes concerning illegal drug use or trafficking are
penalized under the Comprehensive Dangerous Drugs Act of 2002.

With the abolition of the Death Penalty in 2006, the highest possible penalty under the
Revised Penal Code at present is reclution perpetua, which ranges from 20 years and 1 day to
40 years imprisonment. Life imprisonment as a penalty is not provided for in the Revised Penal

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Code, although it is imposed by other special laws such as the Comprehensive Dangerous
Drugs Act.

Order is essential for society, and law can be conceived as simply a body of rules
governing a social order. This section provides a brief discussion on how laws came
to be.

Distinctions are made among the terms norms, folkways, mores, and laws.
Norms indicate societal expectations of what is right or “normal,” of what ought to
be; they may also indicate what is wrong or “abnormal,” what ought not to be.

Folkways define what is socially approved or disapproved, but they do not


reflect a sense of moral obligation. Their meaning is perhaps best captured by this
phrase: Thou should or should not do something. The penalties that accompany
their violation are relatively mild and include ridicule and ostracism. Mores
(singular, mos) are also informal norms, but adherence is far more obligatory:
Though must or must not do something. Violation of a mos is met with a strong
sense of moral indignation; moreover, the penalties that accompany the violation of
mores are far more severe, including, in extreme cases, the death penalty.

Formalization of folkways and mores generates laws. Laws have at least two
forms. Customary laws are perhaps the oldest form. They represent the codification
of traditional practices and include definitions of the condemned act or omission,
the procedures for determining guilt or innocence, and the punishments for those
found guilty. An example would be the Roman Law, more popularly known as the
Twelve Tables (450 B.C.). These
laws governed all aspects of life and death in Rome – including crimes and
punishments – for nearly 2,000 years. In contrast, enacted laws are deliberately
recorded by an official representative or representatives of the community. They are
explicit and carry the weight of the community. The intent of enacted law is
deterring crime through punishments rather than merely serving as retaliation or
revenge (Winfree & Abadinsky, 2003).

Definition of Law

Law may be defined as formal social control involving the use of rules or
norms that are enacted, interpreted, administered, and enforced by specialized
agents of the political state or community. Specifically, laws are formalized rules
that prescribe or limit actions (Voigt et al., 1994).

Definition of Criminal Law

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Criminal Law is that branch or division of law which defines crimes, treats
of their nature, and provides for their punishment (Revised Penal Code of the
Philippines).

Criminal Law is a branch of jurisprudence that deals with offenses


committed against the safety and order of the state.

Criminal law is a public law (as opposed to private law) because the state
behaves as if it were the aggrieved party when criminal law is breached.

Criminal law is a statutory law because it is derived from statutes enacted


duly by authorized legislative bodies; it is substantive because it is administered
and enforced by courts (Voigt et al., 1994).

Goals of Law

People who engage in any criminal act are illegible for severe sanctions. By
outlawing these behaviors, the government expects to achieve the following goals in
creating each country’s penal code:

1. Enforcing social control. Those who hold political power rely on criminal law
to formally prohibit behaviors believed to threaten societal well-being or to
challenge their authority.

2. Discouraging revenge. By punishing people who violate the rights, property,


and freedom of others, the law transfers the burden of revenge from the
individual to the state.

3. Expressing public opinion and morality. Criminal law reflects constantly


changing public opinions and moral values. It changes according to social
conditions and attitudes.

4. Deterring criminal behavior. Criminal law has a social control function. It


can control, restrain, and direct human behavior through its sanctioning
power. The threat of punishment associated with violating the law is designed
to prevent crimes before they occur.

5. Punishing wrongdoing. The deterrent power of criminal law is tied to the


authority it gives the state to sanction or punish offenders. Those who violate
criminal law are subject to physical coercion and punishment.

6. Maintaining social order. All legal systems are designed to support and
maintain boundaries of the social system they serve. In a way, the contents of

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the criminal law are a mere reflection of the needs of those who control the
existing economic and political system than the representation of the few.

Ideal Characteristics of Criminal Law

1. Politicality – It refers to the legitimate source of criminal law. Only violations


of rules made by the state (that is the political jurisdiction that enacted the
laws) are crimes. Violations of rules made by other institutions such as
families, churches, schools, and employers, may be “bad,” “sinful,” or “socially
unacceptable,” but they are not crimes because they are not prohibited by the
state.

2. Specificity –It is the scope of criminal law. Although civil law may be general
in scope, criminal law should provide definitions of specific acts. For example:
A person stole an airplane but was found not guilty of violating a criminal law
that prohibited the taking of “self-propelled vehicles.” The judge ruled that at
the time the law was enacted, vehicles did not include airplanes.

3. Regularity – It means the applicability of the criminal law to all persons.


Thus, ideally, when criminal laws are created, they should apply not only to
the men, who violate them, but also to the women or vice versa.

4. Uniformity – It is how the criminal law should be enforced. Ideally, the law
should be administered without regard for the status of a person, e.g. whether
the offender is young or old, rich or poor, and so on.

5. Penal Sanction – Violators will be punished or at least threatened with


punishment by the state. There would be no point in enacting criminal laws
if their violation were not responded to by punishment or threat of
punishment.

Development of Criminal Law

The beginnings of criminal law can be traced more than 3,000 years ago. The
following are the ancient legal codes recorded in history:

The Code of Hammurabi (1750-1792 B.C.). It established a system of crime


and punishment based on physical retaliation or an “an eye for an eye, a tooth for a
tooth” method. If a physician performed a careless operation, his hand was
removed; if he were responsible for the death of a woman through a miscarriage,
the life of one of his daughters was taken. The severity of punishment also
depended on class standing; if convicted of an unprovoked assault, a slave would
be killed, whereas a freeman might only loss a limb.

The Code of Hammurabi


The Mosaic Code (1200 B.C.) of the Israelites.
This was based on tradition that God entered into a covenant or contract with the
tribes of Israel. In return for God’s special care and protection, they agreed to obey

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his law (the 613 laws of the Old Testament, including the Ten Commandments)
presented to them by Moses.

The Roman Law (450 B.C.). This is contained in the Twelve Tables,
formulated by a special commission of ten noble Roman men in response to
pressure from lower classes, who were referred to as plebeians. The plebeians
believed that an unwritten code gave arbitrary and unlimited power to the wealthy
classes, known as patricians, who served as magistrates. The remnants of the code
reflect laws on debt, family relations, property, and other daily matters.

The Common Law. Because the ancient legal codes had been lost during
the Dark Ages (Middle Ages), the concept of law and crime during this long 500-
year period was in disarray and often guided by superstition and local custom.

The Code of Kalantiaw (1433). A mythical legal code believed to have been
written by Datu Kalantiaw of the island of Negros, the Code of Kalantiaw
purportedly had existed during the Pre-Spanish era.

Upon the coming of the Spaniards, the Spanish Codigo Penal was made
applicable by virtue of Royal Decree of 1870. It was later replaced by the old Penal
Code (1876) until the American colonization. On December 8, 1930, the same penal
code was amended through Act No. 3815, otherwise known as “The Revised Penal
Code.”

A BRIEF STUDY OF PHILIPPINE CRIMINAL LAW

Sources of Philippine Criminal Law

1. The Revised Penal Code (Act No. 3815) and its amendments

2. Special laws passed by the Philippine Commission, Philippine Assembly,


Philippine Legislature, National Assembly, the Congress of the Philippines,
and the Batasang Pambansa
3. Penal presidential decrees issued during the Martial Law

Note: Court decisions are not considered as sources of criminal law, since they
merely explain the meaning of and apply the law as enacted by the legislative
branch of the government.

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Characteristics of Philippine Criminal Law

1. It is general in application. All the provisions of our criminal law are equally
applied to all persons who are living within the territories of the land,
regardless of their sex, race, religion, education, status, and other personal
circumstances.
However, certain exceptions are defined: (a) heads of states or
countries; (b) foreign diplomats and duly accredited ambassadors from other
countries; (c) foreign troops permitted to be in our country to participate in
any war exercises.
Also, there are cases where our criminal law does not apply even if the
crime is committed by a person residing in the Philippines. They could be
subject to the principles of public international law and to treaty
stipulations.

2. It is territorial in character. As a rule, penal laws of the Philippines are


enforceable within its territory and the whole archipelago, including its
atmosphere, its interior waters, and maritime zone. The national territory
comprises the Philippine archipelago, with all the islands and water embraced
therewith, and all other territories over which the Philippines has sovereignty
or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of
the archipelago, regardless of their breadth and dimensions form part of the
internal waters of the Philippines. To determine the territoriality of the
seashore, the three-mile limit measurement is used during low tide.

Exceptions to this rule are:

a) The offense was committed while on a Philippine ship or airship


considered as a flag carrier, being registered with the Bureau of
Customs;

b) Forging or counterfeiting any coin or currency note of the Philippines


or obligations and securities issued by the Government committed
outside the country;
c) Importing or bringing into the Philippines any counterfeited or forged
coin, currency note or obligation or securities issued by the government;
d) While being public officers or employees, should commit an offense in
the exercise of their functions; or
e) Should commit any of the crimes against national security and the law of
nations.

3. It is prospective. A penal law cannot make an act punishable in a manner


in which it was not punishable when committed since it can only be punished
under the laws in force at the time of their commission.

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4. It is specific and definite. The criminal law gives a strict definition of the
specific act committed. However, when doubt exists as to whether a definition
contained in the Revised Penal Code applies to the accused or not, the judge
is to decide in favor of the accused.

5. It is uniform in application. When the law is general in application, the


punishment given to the convicted person is in the same context, that no
exception must be made as to criminal liability. The defined crime, together
with the corresponding punishment, must be uniformly given although
differently enforced based on the specific provision of the law.

6. There must be a penal sanction or punishment. Penal sanction is the most


important part of in the violation of laws since it acts as deterrence in the
further violation of laws. The State uses sanction in terms of self-defense to
protect the society from the wrongs inflicted by a would-be criminal.

The Revised Penal Code

The Revised Penal Code took effect on January 1, 1932. To this day, it
remains in force. It penalizes classes of acts that are generally criminal, such as
murder or homicide, rape, robbery, and theft. Elements that each crime comprises
are also defined in the Code.

The Revised Penal Code has two parts – Book One provides the general
provisions on the application of the law and the general principles of criminal law.
It defines and classifies felonies and identifies circumstances which affect criminal
liability. It also stipulates the classification, duration, and effects of criminal
penalties. Likewise, it provides for the existence and extinction of criminal and
civil liabilities in crimes. Book Two of the Revised Penal Code, on the other hand,
defines and classifies the specific crimes and their corresponding penalties.

On the other hand, not all crimes in the Philippines are penalized under the
Code. Certain acts, such as the illegal possession of firearms, are penalized under
special legislations contained in Republic Acts. Also, crimes concerning illegal drug
use or trafficking are penalized under the Comprehensive Dangerous Drugs Act of
2002.

With the abolition of the death penalty in 2006, the highest possible penalty
under the Revised Penal Code at present is reclusion perpetua, which ranges from 20
years and 1 day to 40 years imprisonment. Life imprisonment as a penalty is not
provided for in the Revised Penal Code, although it is imposed by other special laws
such as the Comprehensive Dangerous Drugs Act.

Basic Maxims in Criminal Law

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1. Doctrine of Pro Reo – Whenever a penal law is to be construed or applied and


the law admits of two interpretations – one lenient to the offender and one strict
to the offender – that interpretation which is lenient or favorable to the offender
will be adopted.

2. Nullum crimen, nulla poena sine lege – There is no crime when there is no
law punishing the same.

3. Actus non facit reum, nisi mens sit rea – The act cannot be criminal where
the mind is not criminal.

4. Actus me invito factus non est meus actus – An act done by me against my
will is not my act.

5. El que es causa de la causa es causa del mal causado – He who is the cause
of the cause is the cause of the evil caused.

Theories in Criminal Law

There are two important theories in criminal law: (1) the classical theory,
and (2) the positivist theory.

Characteristics of the Classical Theory

1. The basis of criminal liability is human free will, and the purpose of penalty is
retribution.

2. Man is essentially a moral creature with an absolute free will to choose


between good and evil, thereby placing more stress upon the effect or result
of the felonious act than upon the man, the criminal himself.

3. It has endeavored to establish a mechanical and direct proportion between


crime and penalty.
4. There is a scant regard to the human element.

Felony is referred to as a crime under the Revised Penal Code felony. A


violation of a special law is not a felony.

A crime punished under a special law is called as statutory offense.

A minor infraction of the law, such as a violation of an ordinance, is referred


to as a misdemeanor.

Whether the wrongdoing is punished under the Revised Penal Code or under
a special law, the generic word crime can be used.

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Felonies

Felonies are acts and omissions punishable by law. The following are
elements of felonies:
1. There must be an act or omission.
2. The act or omission must be punishable by law.
3. The act must be committed by means of deceit (dolo) or fault (culpa).

An act refers to any kind of body movement that produces change in the
outside world. Acts particularly refer to overt acts or external acts. Overt act or
external act is some physical activity or deed, indicating the intention to commit a
particular crime.

Omission, on the other hand, means inaction or failure to perform a positive


duty which one is bound to do. An example of felony by omission is abandonment
of persons in danger (Art. 275, RPC).

Elements of Felony Committed by Deceit or Dolo

For an act or omission to be considered felony by means of deceit or dolo,


one must:

1. Have freedom while doing an act or omitting an act;

(The lack of freedom makes one merely a tool.)

2. Have intelligence while doing an act or omitting an act; and

(The lack of intelligence makes one unable to determine the morality of his
acts and the effect of his actions.)

3. Have intent while doing the act or omitting an act. This is shown by overt acts.

Distinction between Intentional Felony and Culpable Felony

In intentional felonies, the act or omission of the offender is malicious. The


act is performed with deliberate intent (with malice). Malice is the intent to do an
injury to another or to the person, property or right of another.

On the other hand, in culpable felonies, the act or omission of the offender
is not malicious. The injury caused by the offender to another is “unintentional,” it
being simply the incident of another act performed without malice.

CRIM 101: Introduction to Criminology Page 80 of 90


Introduction to Criminology

Let’s Remember:

 Law may be defined as formal social control involving the use of rules or norms that
are enacted, interpreted, administered and enforced by specialized agents of the
political state or community.
 The Beginnings of criminal law can be traced more than 3,000 years ago.
 Court decisions are not considered as sources of criminal law.
 There are two important theories in criminal law: The Classical Theory and the
Positivist Theory

Let’s Do This:

QUIZ

1. It is a branch or division of law which defines crimes, treats of their nature, and provides
for their punishment.
2. This Book contains the Philippine Criminal Law.
3. It refers to the Scope of Criminal Law.
4. “An act done by me against my will is not my act”
5. A crime Punished under a special Law.

Let’s Check:

1. Criminal Law.
2. The Revised Penal Code.
3. Specificity
4. Actus me invite factus non est meus actus.
5. Statutory Offense.

Suggested Readings:

If you want to learn more about the criminal code of the Philippines, there is wealth of
information available on the Web. You can start your exploration here:
https://www.doj.gov.ph/files/ccc/Criminal_Code_September-2014(draft).pdf

CRIM 101: Introduction to Criminology Page 81 of 90


Introduction to Criminology

Module Post Test:


MULTIPLE CHOICE

1. They define what is socially approved or disapproved, but they do not reflect a sense
of moral obligation
a. Folkways c. Mores
b. Norms d. Laws

2. It is a branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.
a. Civil Law c. Political Law
b. Criminal Law d. All of these

3. This book contains the Philippine Criminal Law. Likewise, it is embodied in different
special laws and decrees which are penal in nature.
a. Criminal Code c. The Revised Penal Code
b. Penal Code d. Amended Penal Code

4. This was based on tradition that God entered into a covenant with the tribes of Israel.
In return for God’s care and protection, They agreed to obey His law.
a. The Common Law
b. The Mosaic Code
c. The Code of Hammurabi
d. The Code of Kalantiaw

IDENTIFICATION

1. It is referred to as a crime under the Revised Penal Code felony.


2. A crime punished under a special law.
3. It is that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment.
4. It may be defined as formal social control involving the use of rules or norms
that are enacted, interpreted, administered, and enforced by specialized
agents of the political state or community.
5. It is a minor infraction of the law, such as a violation of an ordinance.

References/Sources:

Alviola, A. (2013). Introduction to CRIMINOLOGY


andPSYCHOLOGY of CRIMES.

CRIM 101: Introduction to Criminology Page 82 of 90

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