TOPIC FOR GROUP 1

CRIMINOLOGY AND CRIMINALISTICS

Criminology and criminalistics are both centered in law enforcement.

However, criminology explores the nature of crime as well as the exploration of
criminals and their treatment. Criminology students develop new theories for dealing
with crime and its causes. They also study the Criminal Justice System.

Criminalistics involves the collection and analysis of evidence. It is also

known as Forensic Science, the application of scientific principles to provide
evidence in criminal cases. Students in forensic program learns how to collect crime
scene evidence to prove the cause of accidents and test crime scene evidence in
laboratories.

CAREERS IN CRIMINOLOGY AND CRIMINALISTICS

Criminologist is any person who is a graduate of a degree of Bachelor

of Science in Criminology who passed the examination for criminologist and is
registered as such by the Board of Examiners of the Professional Regulation
Commission, Sec. 23 of Republic Act No. 6506, July 1, 1970, an act creating the
Board of Examiners for Criminologists in the Philippines and for other purposed.

Criminology graduates are qualified for positions in government

agencies, Juvenile courts and police services, as well as, a professor, instructor or a
teacher in Criminology in any University or Colleges duly recognized by the
government. Many of these positions also require extensive on-the-job training.
These includes the following:

- Drug enforcement agent

- Litigation manager

- Probation officer

- Victim service specialist

- CIA agent

- Criminologist

All certified criminologist shall be exempt from taking any other entrance or
any qualifying government or civil service examinations and shall be considered civil
service eligible. Certified criminologist shall be eligible for appointment as patrolman
in chartered cities and municipalities provided they posses general qualification for
appointment provided in Sec. a, R.A. 4864.

While, Criminalist is a person trained in sciences of the application of

instruments and methods to the detection of crime. Criminalistics or Forensic
Science can practice the following capacities: medical examiner officers in the police
departments, crime laboratory and hospitals. There are several job options available
in forensic science depending on the education and experience an individual has
accumulated. For example, medical examiner must hold a doctor of medicine and
complete a fellowship in pathology, whereas forensic technicians may only need a
bachelor’s degree in forensic science or natural science to collect and analyze
evidence. They can also be a Crime Laboratory Analyst, Crime Scene Examiner and
Forensic Scientist.

Criminology and Criminalistics is one and the same profession, except for the
fact as stated under the said law (Sec.23 R.A. 6506), one cannot be a criminalist if
he is not a graduate with a Baccalaureate Degree in Criminology, passed the
Licensure Examination for Criminologist and registered as such by the Board of
Examiners of the Professional Regulation Commission and shall be considered civil
service eligible to the following:

- Dactylographer
- Ballistician
- Questioned document examiner
- Correction officer
- Law enforcer
- Photographer
- Lie detector examiner
- Probation officer
- Agents in any law enforcement agencies
- Security officer
- Criminal investigator
- Police laboratory technician

DIVISION OF CRIMINALISTICS

There are two main divisions of criminalistics, one is scientific and the other
one is technological.

The discussion of these course focused on the technological division of

criminalistics. The rationale behind this, is the scientific subjects require the study of
science and mathematics before practical training in the laboratory, while the
technological subjects are usually learned directly by practical training in the
laboratory under the supervision of an experiences examiner.

SCIENTIFIC DIVISION
A. CHEMISTRY

Forensic chemistry is the initial name for criminalistics. Chemistry is the

science that deals with the composition, structure and properties of substances and
with the transformations that they undergo. The role of the chemist is vital because
laboratory test always almost the different ones and the result of his examination
could be determinant of all the other criminalistics examinations.

PHSYICS

A study of matter and energy and their interactions. The duties of a physicist in a
crime laboratory includes but is not limited to firearm identification, tool mark
comparison, scientific photography, traffic or vehicular accidents for finding out the
speed an directions of vehicles and use of x-rays to detect crime.

C. BIOLOGY
 The study of living things – the science that deals with the origin history,
physical characteristics, life process, habits, etc. of plants and animals. The biologist
in a police laboratory examines all kinds of living things – blood, semen, wine, hairs,
and skin. He is particularly skilled in the use of microscope.

2. Technological division

A. FINGERPRINTING

Fingerprinting (forensic dactyloscopy) is a method of identification using the

impression made by the minute ridges formations or patterns on the principles in the
fingertips of a person. Fingerprint identification alone has proven to be simple,
practical and infallible.

Fingerprinting is the cornerstone of criminal investigation and identification.

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

By fingerprint identification, the fingerprint patterns of the questioned and

standard fingerprint are compared and similarity is established. If the fingerprint
patterns are not the same, there is no basis at all for comparison.

B. FORENSIC HOTOGRAPHY

The art or science of photographically documenting a crime scene and

evidence for laboratory examination and analysis for purpose of court trial.

Photography is an indispensable instrumentation in the field of criminalistics,

hence you cannot do anything in criminalistics without it. It is vital investigative lead
that has helped in the reconstruction of crime and the identity of suspects as well as
victims. It reveals what cannot ordinarily be seen by the naked eye with the use of
certain equipment such as ultra-violet lamps and infrared film.

Photography in police work is a factual and accurate record of the crime

because it capture time, space and place in a single series of shorts. It allows the
investigators to understand the elements of the certain crime, clarifying and
revealing what is not readily seen and understood upon the discovery of a crime.

C. QUESTIONED DOCUMENT EXAMINATION

It is an act of making closed and critical study of document and the processes
necessary to discover the facts about them.
 This technological division of criminalistics is concerned with the examination
of forged, altered or suspect papers in order to determine and see if they are
genuine or not, that is the tenor or substance on face of the documents that have
changed in any way, that prejudices the rights of the other. The examiners therefore
develop latent or hidden writing and reveal erasures, alteration, intercalations and
changes. They compare inks, pencil, typewriting and printed materials of all kinds of
the questioned and standard documents.

A document is every deed or instrument executed by a person by which some

disposition or agreement is proved, evidenced and set forth.

The following are the kinds of documents:

1. Public document

2. Official document

3. Private document

4. Commercial document

D. POLYGRAPHY (Lie Detection)

Polygraphy is the scientific method of detecting deception with the used of

polygraph instrument.

A polygraph instrument is a scientific diagnostic instrument used to record

physiological changes in the blood pressure, pulse rate, respiration and skin
resistance of an examinee under controlled condition.

Polygraph examination is used to test an individual for the purpose of

determining deception or verify truth of the statement. The effectiveness of the
polygraph in recording the symptoms of deception is based on the well-established
fact that a conscious mental effort on the part of normal person to deceive, causes
involuntary physiological changes, which are in effect, a body’s reaction to luminant
danger of its well-being.

E. FORENSIC MEDICINES

Forensic or legal medicines is a brand of medicine, which deals with the

applications of medical knowledge to the purpose of law and in the administration of
justice. It is the application of basic and clinical, medical and paramedical science to
evaluate legal matters.

Legal medicines has the ability to acquire facts, arrange those facts in the
logical order and to draw a conclusion from the fact which may be useful to the
administration of justice.
 F. FORENSIC BALLISTICS

Forensic ballistic is a branch of science involves in the investigation and

identification of firearms by means of ammunitions fired through them. This is the
branch that the police use to guide them in the field of firearm investigation. It
includes the following Field of Investigation and Technical Examination of Ballistic
Exhibits.
 TOPIC FOR GROUP 2

FOUR MAJOR INTEREST IN THE STUDY OF CRIMINOLOGY

THE CRIME

There are four major interest in the study of criminology. There are
different of crime as to legal definition.

1. As to its legal point, crime is an act or omission in violation of a public

law forbidding or commanding it.

2. An anti-social act; act that is injurious, detrimental or harmful to the

norms of the society, they are an unacceptable acts in its social definition.

3. Psychologically, crime is an act which is considered undesirable due to

behavioral maladjustment of the offender; act that are caused by maladaptive or
abnormal behavior.

SUB-CLASSIFICATION OF CRIMES

1. FELONY

• An act or omission punishable by law which is committed by means of

dolo (deceit) or culpa (fault) and punishable under the Revised Penal Code.

ELEMENETS OF A FELONY

A. Intentional felonies – committed by means of dolo (deceit). The act is

performed with deliberate intent or malice.

B. Culpable felonies – committed by means of culpa (fault). The act of

the offender is not malicious and the injury caused by the offender is unintentional.

2. OFFENSE
• An act or omission in violation of a special law.

3. INFRACTION
• An act or omission in violation of a city or municipal ordinance.

CLASSES OF CRIMES

1. Crime Mala In Se – acts that are outlawed because they violate basic moral
values such as rape, murder and robbery.
2. Crime Mala Prohibita – acts that are outlawed because they clash with
current norms and public opinions such as tax, traffic and drug laws.

LEGAL CLASSIFICATION OF CRIMES

1. Crimes against National Security and the Law of the Nations
a. Treason
b. Espionage
c. Piracy
2. Crime against the Fundamental law of the State
a. Arbitrary detention
b. Violation of domicile
3. Crime against public order
a. Rebellion
b. Sedition
c. Coup d’tat

4. Crime against public interest

a. Forgery
b. Falsification
c. Fraud
5. Crime against public morals
a. Gambling and betting
b. Offenses against decency and good customs like scandals,
obscenity, vagrancy and prostitutions.
6. Crimes committed by public officers
a. Malfeasance
b. Misfeasance
7. Crimes against person
a. Murder
b. Rape
c. Physical injuries
8. Crimes against properties
a. Robbery
b. Theft
c. Arson
9. Crime against personal liberty and security
a. Illegal detention
b. Kidnapping
c. Trespass to dwelling
d. Threat and coercion
10. Crimes against chastity
a. Concubinage
b. Adultery
c. Seduction
d. Abduction
e. Acts of lasciviousness

11. Crime against civil status of a person

a. Bigamy
b. Other illegal marriages
12. Crimes against honor
a. Libel
b. Oral defamation
13. Quasi-offenses
a. Imprudence
b. Negligence
14. As to the manner of crimes committed:
a. By means of dolo or deceit
b. By means of culpa or fault
15. As to the stages in the commission of crimes:

a. Consummated Crime – when all the elements necessary for its

execution and accomplishment are present.
 b. Frustrated Crime – when the offender has performed all the
acts of execution which will produce the felony as a
consequence but which nevertheless do not produce it, by
reason of some causes independent of the will of the
perpetrator.

c. Attempt Crime – when the offender commences the

commission of crime directly by overt acts and does not perform
the acts of execution which should produce the felony by reason
of some cause or accident other that his own spontaneous
desistance.

16. According to plurality:

a. Simple Crime – single act constituting only one offense.

b. Complex Crime – single act constituting two or more grave

felonies or an is a necessary means for committing the other.

17. According to gravity:

a. Grave Felonies – those to which the law attaches the capital

punishment of affective penalties.

b. Less Grave Felonies – those to which the law attaches

correctional penalties.

c. Light Felonies – those to which the law attaches the penalty of

arrestomenor or a fine not exceeding P200.00.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

a. As to the result of crime:

Acquisitive Crime – a crime wherein the offender acquires something

as a result of his act.

Extinctive Crime – the consequence of the act is destructive.

b. According to the period of the commission of crime:

Seasonal Crime – a crime committed only during a certain period of a

year.

Situational Crime – a crime committed only when the situation is

onducive to its commission.

c. According to the length of time of the commission of crime:

Instant Crime – a crime committed in the shortest possible time.

Episodic Crime – crime committed by a series of acts in a lengthy

space of time.

d. According to place or location:

Static Crime – crime committed only in one place.

Continuing Crime – crime committed in several places.

 e. According to the use of mental faculties:

Rational Crime – committed with intent and the offender is in full

possession of his sanity.

Irrational Crime – committed by an offender who does not know the

nature and quality of his act on account of the disease of the mind.

f. According to the type of offender:

White-collar Crime – committed by a person belonging to the upper

socio-economic class in the course of his occupational activities.

Blue-collar Crime – committed by ordinary professional criminals to

maintain his livelihood.

Other types of Crimes

a. Organized Crimes – illegal activities of people and organizations

whose acknowledged purposed is profit through illegitimate business enterprise.

b. Organizational Crimes – crimes that involves large corporations and

their efforts to control the market place and earn huge profits, through unlawful
bidding, unfair advertising, monopolistic practices or other illegal means.

c. Victimless Crimes – crimes that violates the moral order but in which
there is no actual victim or target. In these crimes includes drug abuse and sex
offenses, it is society as a whole and not an individual who is considered as a victim.

d. Statutory Crime – crimes defines by legislative bodies in response to

changing social conditions, public opinion and custom.

e. Hate Crime – acts of violence or intimidation designed to terrorize or

frighten people considered undesirable because of their race, religion, ethnic origin
or sexual orientation.

f. Public Order Crime – acts that are considered illegal because they
threaten the general well-being of society and challenge its accepted moral
principles. Prostitution, drug use and the sale of pornography are considered public
order crimes.

g. Economic Crimes – an act in violation of the criminal that is designed

to bring financial gain to the offender.

h. Enterprise Crimes – the use of illegal tactics by a business to make

profit in the market place.

i. Cyber Crime – the commission of criminal acts using the instruments

of modern technology such as computers or the internet.

j. Corporate Crime – white collar crime involving a legal violation a

corporate entity, such as price fixing, restraint of trade or hazardous waste dumping.

THE CRIMINAL
 In the legal sense, a criminal is any person who has been found to
have committed a wrongful act in the course of the standard of judicial process;
there must be a final verdict of his guilt.

In the criminological sense, a person is already considered a criminal

the moment he committed a crime.

GENERAL CLASSIFICATION OF CRIMINALS

1. On the basis of etiology

Acute Criminals – persons who violate criminal law because of

the impulse of the moment, fit of passion or anger.

Chronic Criminals – person who acted in consonance with

deliberate thinking, such as:

Neurotic Criminals – persons whose actions arise from the

intra-psychic conflict between the social components of his personality.

Activities Normal Criminals – person whose psychic

organizations resembles that of a normal individual except that he identifies
himself with criminal prototype.

2. On the basis of behavioral system

Ordinary Criminals – the lowest form of criminal career; they engage

only in conventional crimes which require limited skills.

Organized Criminals – these criminals have a high degree of

organization that enables them to commit crimes without being detected and
committed to specialized activities which can be operated in large scale businesses.

Professional Criminals – these are highly skilled and able to obtain

considerable amount of money without being detected because or organization and
contact with other professional criminals.

3. On the basis of Activities

Professional Criminals – those who earn living through criminal

activities.

Accidental Criminals – those who commit criminals acts as a result of

unanticipated circumstances.

Habitual Criminals – those who commit criminal acts for such diverse
reason due to deficiency of intelligence and lack of control.

Situational Criminals – those who are not actually criminals but get in
trouble with legal authorities because they commit crimes intermixed with legitimate
economic activities.

4. On the basis of Mental Studies

Active Criminals – those who commit crimes due to aggressiveness.

Passive Inadequate Criminals – those who commit crimes because

they are pushed to it by reward or promise.

Socialized Delinquents – criminals who are normal in behavior but

defective in their socialization process or development.
OTHER CRIMINAL TYPES:

Career Criminals – a person who repeatedly violates law and organizes his
or her neighbors.

Professional Criminals – offenders who make a significant portion of their

income for crime.

Professional Fence – an individual who earns his or her living solely by

buying and retailing stolen merchandise.

Reasoning Criminals – according to the rational choice approach, law-

violating behavior occurs when the offender decides to risk breaking the law after
considering both personal factors such as need for money, revenge, thrills and
entertainment and situational factors such as how well a target is protected and the
efficiency of the local police force.

CRIMINAL PSYCHOLOGY

Criminal Psychology is a sub-field of general psychology were criminal

behavior is only in part by which phenomena psychologists choose to study. It may
be defined as the study of criminal behavior, the study of criminals conduct and
activities in attempt to discover recurrent and to formulate rules about his behavior.

The major description of criminal psychology is the word “behavior”. Behavior

refers to the actions or activities (Kahayon,1985). To criminologist, behavior is the
observable actions because he is more interested in action and reactions that can
be seen and verified than in concepts, which cannot be directly be identified.

CRIMINAL BEHAVIOR

Criminal behavior may also refer to the study of the human conduct focused
on the mental processes of the criminal, that is, the way he behaves or acts
including his activities and the causes and influences of his criminal behavior.

Classification of Behavior (Atkinson, 1993)

Normal Behavior

They are the standard behavior, the totality accepted behavior

because they follow the standard norms of society.

A normal person is characterized by the following:

1. Efficient perception of reality

2. Self-knowledge

3. Ability to exercise voluntary control over his behavior

4. Self-esteem and acceptance

5. Productivity

6. Ability to form affectionate relationship with others

 Abnormal Behavior (maladaptive or maladjusted) – a group of behaviors
that is deviant from social expectations because they go against the norms or
standards behavior of society.

Abnormal Behavior according to deviation of statistical norms based in

statistical frequency

Many characteristics such as weight, height, an intelligence cover a range of

values when measured over population.

Abnormal Behavior according to deviation from social norms

A behavior that deprives from the accepted norms of the society is considered
abnormal. However, it is primarily dependent on the existing norms of such society.

Behavior as maladaptive

Maladaptive behavior is the effect of well-being of the individual and or the

social group. That some kind of deviant behavior interferes with the welfare of the
individual such as man who fears crowd can’t ride a bus.

Abnormal Behavior due to personal distress

This is abnormally in terms of the individual subjective feeling of distress

rather than the individual behavior. This includes mental illness, feeling miserably,
depression and loss of appetite or interest , suffering from insomnia and numerous
aches and pains.

Abnormality in its legal point

it declares that a person is insane largely on the basis of his inability to judge
right and wrong or to exert control over his behavior (Bartol, 1995).

KINDS’ OF BEHAVIOR

. Overt or Covert Behavior

Overt behavior – behaviors that are outwardly manifested or those

are directly observable.

Covert behavior – behaviors that are hidden- not visible to the naked
eye.

Conscious and Unconscious Behavior

Conscious behavior – when acts are within the level of awareness.

Unconscious behavior – when acts are embedded in one’s

subconscious-unaware.

simple or Complex Behavior

 Simple behavior- these are acts categorized according to the number
of neurons involved in the process of behaving.

Complex Behavior – acts that involved more number of neurons, a

combination of simple behavior.

Rational or Irrational Behavior

Rational Behavior – when a person acted with sanity or reason.

irrational Behavior – when the person acted with no

apparent reason or explanation – as when a man loses
his sanity and laugh out loud at nobody or nothing in
particular.

Voluntary and Involuntary Behavior

Voluntary Behavior – behavior is an act done with full volition or

will such as when discriminate, decide or choose.

Involuntary Behavior – refers to the bodily processes that foes

on even when we are awake or asleep like respiration,
circulation and digestion.

ASPECT OF BEHAVIOR

Intellectual Aspect – this aspect of behavior pertains to our way of thinking,

reasoning, solving problem, processing information and coping with the
environment.

Emotional Aspect – this pertains to our feelings, moods, temper and strong
motivational force.

Social Aspect – this pertains to how we interact or relate with other people.

Moral Aspect – this refers to our conscience and concept on what is good or
bad.

Psychosexual Aspect – this pertains to our being a man or a woman and the
expression of love.

Political Aspect – this pertains to our ideology towards society/government.

Value or Attitude – this pertains to our interest towards something our likes
and dislikes.

DETERMINANTS OF BEHAVIOR

A. Hereditary (Biological Factors)

Refers to genetic influences, those that are explained from hereditary, the
characteristics of a person acquired from birth transferred from one generation to
another. it influences all aspects of behavior including intellectual capabilities,
reactions and tendencies and stress tolerance. it is the primary basis of the idea
concerning criminal behavior, the concept that “criminals are born”.

B. Personality

Psychopathic Personality
 A psychopathic person is whose behavior is largely amoral and asocial and
who is characterized by irresponsibility, lack of remorse or shame, perverse or
impulsive behavior and other serious personality defects, general without psychotic
attacks or symptoms.

Psychosomatics Personality

Psychosomatic is the physical disorder of the body originating in, or

aggravated by psychic or emotional processes of the individual. psychosomatic
condition, being an expression of both bodily and psychological maladjustment, is
the result of a faulty development reaction which has taken place at an early stage in
the life of a person and which is related to a deformation of his character. returning
to the relationship between psychosomatic disturbance and anti-social criminal
behavior, one can say that their mutual origin is to be found in the person’s
character. when a person commits a crime, both psychological and physical factors
intermingle.

Alcoholism

It is known that when a person or when people become intoxicated, they are
almost certain to start fight jeopardize peace and order, and to some extent result in
the commission of crime. on the other hand, many psychiatrist in making
classification of psychopaths interpret alcoholism as a form of an abnormal method
of escaping from reality, or as a dosage of temporary relief of personal problems.

D. Other Personality Deviations

Emotional instability and other traits of personality have been studied by the
psychologists and psychiatrists independent of the concept of psychiatrists
independent of the concept of psychopathic personality and delinquent behavior are
frequently attributed to one or more of these traits. dozens have been made on
instinct, emotion, moods, temperaments, moral adjustments, ethnical discrimination
as well as of specific tendencies as aggressiveness, social resistance, suggestibility
and many others.

Environmental Factors

1. Family Background – the family is said to be the cradle

of personality development as a result of either a close or harmonious
relationship or pathogenic family structure; the disturbed family, broken
family, separated or maladjusted relations.

PATHOGENIC FAMILY STRUCTURE

The Inadequate Family – characterized by the inability to cope

with the ordinary problems of family living. It lacks the resources, physical or
psychological. for meeting the demands of family satisfaction.

The Anti-Social Family – those that espouses unacceptable

values as a result of the influence of parents of their children.

The Discordant or disturbed family – characterized by non-

satisfaction of one or both parent from the relationship that may express feeling of
frustration. this is usually due to value differences as common sources of conflict
and dissatisfaction.

. The Disrupted Family – characterized by incompleteness

whether as a result of death, divorce, separation or some circumstances.
 Childhood Trauma – the experiences which affect the feeling
of security of a child undergoing developmental processes. the developmental
processes are being blocked sometimes by parental deprivation as a consequence
of parent or lack of adequate maturing at home because of parental rejection,
overprotection, restrictiveness, over permissiveness and faulty discipline.

OTHER DETERMINATIONS OF BEHAVIOR

Biological Needs

• Food – the body needs adequate supply of nutrients to function

effectively “An empty stomach sometimes drives a person steal”.

• Water – thirst

• Sex – a powerful motivator but unlike food and water, sex is not vital
for survival but essential to the survival of species.

• Pain Avoidance – pain will activate behavior to reduce discomfort.

• Stimulus Seeking – curiosity is most people and animal is motivating

to explore the environment even when the activity satisfaction no bodily needs.

Psychological Needs

Psychological needs are influences primarily by the kind of society in which

individual is raised. psychological motives are those related to the individual
happiness and well-being, but not for the survival, unlike the biological motives that
focuses on the basic needs – the primary motives.

Relation among Motives

Abraham Maslow has suggested that human needs form a hierarchy

from the most basic biological requirements to the needs for self-actualization-the
highest of all needs.

1. Self-Actualization

2. Aesthetic

3. Esteem

4. Cognitive Needs

5. Love/Belongingness

6. Safety Needs

7. Psychological/ biological needs

VICTOMOLOGY (Study of the victims)

Victimology is the scientific study of extent, nature an causes of criminal

victimization, its consequences for the persons involved and the reactions thereto by
society, in particularly the police and the criminal justice system as well as the
voluntary workers and professional helpers.
 Victimology is the study of victimization, including the relationship between
victims and the criminal justice system – that is, the police and courts and
corrections officials – and the institutions, such as the media, business, and social
movements. Victomology is however not restricted to the study of victims of crime
alone but may include other forms of human rights violations.

HISTORY OF VICTIMS

In early times, victims took the law their own hands. If they were able
to apprehend their victimizers, they enacted their own form of revenge and impose
some form of personal retaliation. The Code of Hammurabi, one of the earliest legal
codes, require that many offenders make restitution. If the offender could not be
found, however the victims family was duty bound to care for the needs, of the
victims. This early period of history has been called the “Golden Age of Victims”
because victims were not only well cared for but also had considerable say in
imposing punishment upon apprehended offenders.

During the middle ages concepts of “King’s Peace” had emerged,

wherein all offenses were seen violation of imperial law. It became the duty of the
government to apprehend, try and punish offenders, effectively removing the victim
from any direct involvement in the judicial decision making. Victim were only
expected to provide evidence of the crime and to testify against those who offended
them. Victims as a class moved to the periphery of the justice process. Justice for
the victim was forgotten, translated instead into the motion of justice for the state.
The situation remained pretty much the same until now. Proof is that the state is
being considered the offended party against the criminal offender (Schmelleger,
1999).

The concept of the victim dates back to the ancient culture and
civilizations. Its original meaning was root in the exercise of sacrifice – the taking of
the life of a person or animal to satisfactory deity. (Karmen, 1990).

Who are the Victims?

Victim of a crime is an identifiable person who has been learned

individually and directly by the perpetrator, rather than by society as a whole. (Croall,
2001).

As to its legal definition crime victim is someone who is suffering

physically, emotionally, or financially because of a crime. This can mean someone a
criminal harms directly. For example, if someone burgles your home, you can also
suffer from emotional harms indirectly. For example, if someone kills your spouse,
you are a victim of crime. In the case of those who are under the age of 18, a
representative acts on their behalf when they are victims of crimes. This can mean a
family member or a legally appointed responsible person. (crime.answer.com)

Victim is the one who suffered injury and harm by forces beyond his or
her control, and not of his on her personal responsibility.

The word victim is used in many different contexts and a broadly

interpreted. It is not unusual to hear the word “victim” paired with a wide range of
human experiences; cancer victims, holocaust victims, accident victims and victims
of injustice, hurricane victims, crime victims and others. Each of these conjures up
visual image of suffering, devastation and destructive forces.
 The frequent and diverse use of term “victim” – both in conversation
and in print - has changed the way people think of victims today. The current
connotations of the word extend well beyond historical meaning.

A review of the definitions of victim listed in the American

Heritage Dictionary, illustrates the breadth of the accepted meaning of the
term victim.

1. Someone who has put to death or subjected to torture or suffering by

another.

2. A living creature slain and offered as sacrifice to deity or as a part of a

religious sacrifice.

3. Anyone who is harmed by or made to suffer from an act, circumstance

agency or condition; victims of war.

4. A person who suffers injury, loss or death as a result of a voluntary

undertaking; victim of his own scheming.

5. A person who is tricked, swindled or taken advantage of a dupe.

Thus, a victim may be an innocent, led to slaughter, a dupe or someone

whose suffering is caused by his or her own scheming or ineptitude. It is no wonder
that society has become some victim.

The term “crime victim” has been used to include a person, group or people
or entities who have suffers injury or loss due to illegal activity. The harm can be
physical, psychological or economic. By definition, this includes victim is the
government, and the loss of revenue is ultimately felt by honest citizen who dutifully
fulfill their responsibilities.

for the purpose of crime victims’ rights and services, the legal definition of the
victim typically includes the following:

a person who suffered direct or threatened, physical, emotional or pecuniary

as a result of the commission of a crime including:

1. In case of a victim, who is under 18 years of age, incompetent,

incapacitated or deceased, one of the following (in order of preference): a
spouse, legal guardian; a parent, a child; a siblings, another family member;
or another person designated by the court.

2. In the case of a victim that is an institutional entity.

General Classes of Victims (Hans Von Hentig)

a. The Young – the weak by virtue of age and immaturity.

b. The Female – often less physically powerful and easily dominated

males.

c. The Old – the incapable of physical defense and common objects of

confidence scheme.

d. The Mentally Defective – those who are unable to think clearly.

e. The Immigrant – those who are unsure of the rules of conduct in the
surrounding society.
 f. The Minorities – racial prejudice may lead to victimization or unequal
treatment by the agency of the justice.

Physiological Types of Victims

a. The Depressed – those submissive by virtue of emotional condition.

b. The Acquisitive or Greedy – the value or act of wanting more propels

such as individuals into victimization.

c. The Wanton or Overly Sensual – those ruled by passion and

thoughtlessly seeking pleasure.

d. The Lonesome – similar to the acquisitive type of the victim, by virtue

of wanting companionship or affection.

e. The Heartbroken – those emotionally disturbed by virtue of heartaches

and pains.

f. The Tormentor – the type of victim who asked for it, often from his own
family.

Other Types of Victims (Benjamin Mendelsohn)

a. The completely innocent victim.

b. Victim with only minor guilt and those victimized due to ignorance.

c. The victim who is just as guilty as the offender and the voluntary victim.

d. The victim guiltier than the offender. this category was described as
containing person who provoked the criminal or actively induced their own
victimization.

e. The most guilty victim “who is guilty alone”. an attacker killed by the
awoul-be victim in the act of defending themselves were placed into this category.

f. The imaginary victim, those suffering from mental disorders or those

victims due to extreme mental abnormalities.

DYNAMICS OF VICTIMIZATION

There are number of procedural models that can be applied to the

study of the victimization process for the purpose of understanding the experience
the victim undergoes during the following victimization. Among these models are:

1. Victims of Crime Model

a. Stage of Impact and Disorganization – during and immediately

following the criminal event.

b. Stage of Recoil – during which the victims formulates

psychological defenses and deals with conflicting emotions of guilt, anger,
acceptance and desire of revenge.

c. Reorganization Stage – during which the victim puts his or her

life back to normal daily living. some victims, however, may not successfully
adopt the victimization experience and a maladaptive reorganization stage
may last for many years.
 2. Disaster Victim’s Model

a. Pre-impact Stage – describes the state of the victim prior to

being victimized.

b. Impact – the stage at which victimization occur.

c. Post – impact Stage – which entails the degree and duration of

personal and social disorganization following victimization.

d. Behavioral Outcome – describes the victim’s adjustment to the

victimization experience.

Rights of the Victims

While many people are aware of the rights afforded to criminals during
prosecution processes, a lot feels unclear when it comes to victim’s rights. Law exist
to protect the rights of the victims. In addition to this, victims can also access free
services that assist them during the prosecution process. Knowing your rights assist
them during the prosecution process. Knowing your rights as a victim can make
recovering from a crime easier. These rights are enshrined in the “Crime Victims’
Rights Act.”

a. Victims of crime have the rights to reasonable protection from the

criminal in question.

b. They also have the right to clear communication from law enforcement
agencies during the prosecution process.

c. Victims have the right to attend any court proceedings, and the right to
speak at public hearings.

d. A crime victim has the right to converse with the attorney regarding
their case, and they are entitled to a timely resolution.

e. All victims have the right to privacy and dignity during the proceedings.
 TOPIC FOR GROUP 3

SCHOLS OF THOUGHTS IN CRIMINOLOGY

CLASSICAL CRIMINOLOGY

The classical school of criminology grew out of a reaction against the

barbaric system of law, punishment and justice that existed. There was no real
system in Europe at that time. Some crimes were specified, some were not. Judges
had discretionary power to convict a person for an act not even legally defined as
criminal.

This school of thought is based on the assumption that individuals

choose to commit crimes after weighing the consequences of their actions.
According to classical criminologist, individuals have free will. They can choose legal
or illegal means to get what they want, fear for punishment can deter them from
committing crime and society can control behavior by making the pain of punishment
greater than the pleasure of the criminal gains.

This theory modified the doctrine of free will by stating that free will of
men may be affected by other factors and crime is committed due to some
compelling reasons that prevails. These causes are pathology, incompetence,
insanity or any condition that will make it impossible for the individual to exercise
free will entirely. In the study of legal provisions, this is termed as either mitigating or
exempting circumstances.

This theory, however, does not give any distinction between an adult and a
minor or a mentally-handicapped in as far as free will is concerned.

FOUNDERS OF THE CLASSICAL CRIMINOLOGY

Cesare Bonesana Marchese Di Beccaria (1738-1794)

Cesare Beccaria published a book entitled “Essay On Crimes and

Punishment” in 1764: this book presented a coherent and comprehensive design for
an enlightened criminal justice system that was to serve the people.

His book contains all modern penal reform but its greatest contribution was
the foundation it laid for subsequent changes in criminal legislation.

His book was influential in the reforms of the penal code in France, Russia,
Prussia and influenced the first ten amendments to the U.S. Constitution.

Cesare Beccaria’s Ideas regarding Crime and the Criminal Justice

System

1. Informing a human society, men and women sacrifice a portion of their

liberty so as to enjoy peace and security.
 2. Punishments that go beyond the need of preserving the public safety
are in their nature unjust.

3. Criminal laws must be clear and certain. Judges must make uniform
judgments in similar crimes.

The law must specify the degree of evidence that will justify the
detention of an accused.

5. Accusations must be public. False accusations should be severely

punished.

6. To torture accused offenders to obtain a confession is inadmissible.

7. The promptitude of punishment is one of the most effective curbs on

crime.

8. The aim of punishment can only be to prevent the criminal from

committing new crimes against his countrymen and to keep others from doing
likewise. Punishment therefore, and the method of inflicting them should be chosen
due to proportion to the crime, so as make the most lasting impression on minds of
men.

9. Capital punishment is an inefficacious, its place should be substituted

by imprisonment.

10. It is better to prevent crimes that punish them. That is the chief
purpose of all good legislation.

Arguments against Classical Theory

a. Unfair

b. Unjust

c. The nature and definition of punishment is not individualized.

d. It considers only the injury caused not the mental condition of the
offender.

JEREMY BENTHAM

Bentham founded the concept of Utilitarian Hedonism. He assumes that all

our actions are calculated in accordance with the likelihood of bringing pleasure. He
also devised the pseud-mathematics formula called “felicific calculus” where it states
that individuals are hungry calculators who put all the factors an equation in order to
decide when a particular crime is worth committing or not. He reasoned that in order
to avoid individuals from committing crimes, punishment or pain must be greater
than the satisfaction or pleasure he would gain from committing the crime.

Rationale Choice Theory

• Law violating behavior occurs when the offender decides to risk

breaking the law after considering both personal factors and situational factors.
THREE ESSENSTIALS ELEMENTS IN DECISION MAKING

TO COMMIT OR NOT TO COMMIT

a. Type of Crime

b. Time and place of crime

c. Target

POSITIVIST CRIMINILOGY

During the late 18th century, significant advances in knowledge of both

the physical and social world influenced thinking about crime. Forces of positivism
and evolutionism moved the field of criminology from philosophical to a scientific
perspective. Positive theorists were the first to claim the importance of looking at
individual difference among criminals. These theorists focused on biological and
sociological causation of crime.

The Positivist School of Criminology were composed of an Italian

personalities who agreed that in the study of crime, the emphasis should be on
scientific treatment of criminal not on the penalties be imposed after conviction.

Personalities Involved in the Positivist Criminology

Cessare Lombroso

Cessare Lombroso was considered the FATHER OF MODERN

CRIMINOLOGY due to his application of modern scientific methods to trace criminal
behavior, however most of his ideas are now discredited.

He claimed that criminals are distinguishable from non-criminals due to

the presence of atavistic stigmata, the physical features of creatures at an earlier
stage of development. He asserted that crimes were committed by those who are
born with certain recognizable hereditary traits.

According to his theory, criminals are usually in possession of huge

jaws and strong canine teeth, the arm span of criminals is often greater than their
height, just like that of apes who use their forearms to push themselves along the
ground. Other physical stigmata include deviation in head size and shape,
asymmetry of the face, excessive dimensions of the jaw and cheekbones, eye
defects and peculiarities, ears of unusual size, nose twisted, upturned or flattened in
thieves or aquiline or beaklike in murders, fleshy lips, woolen and pouches in the
cheek like those of animal’s toes.

Lombroso’s work supported the idea that the criminal was a

biological and physically inferior person.

According to Lombroso, there are three Classes of Criminals

a. Born Criminals – individuals with at least five atavistic stigmata.

According to Lombroso criminal behavior is inherited.

b Insane Criminals – those who are not criminals by birth; they become
criminals as a result of some changes in their brains which interfere with their ability
to distinguish between right and wrong.
 c. Criminaloids – those with make up of an ambiguous group that
includes habitual criminals, criminals by passion and other diverse type.

1. Criminals by passion – individuals who are easily influenced by great

emotions like fit of anger.

2. Habitual criminals - one convicted of a crime who has a certain

number of prior convictions for offenses of a specified kind (as felonies) and is
thereby under some statutes subject to an increased penalty (as life imprisonment)

3. Occasional criminal – those who commit crime due to insignificant

reasons that pushed them to do at a given occasion.

4. Pseudo-criminals – those who commit crimes as a self-defense.

Enrico Ferri

Enrico Ferri was the student of Cessare Lombroso and became his was the
attack on the classical doctrine of freewill, which argues that criminals should be
held liable for their crimes because they must have made a rational decision to
commit crime.

He believed that criminals could not be morally responsible for their crimes
because they did not choose to commit crimes, but rather, were driven to commit
them by conditions in their lives.

Rafaelle Garofalo

Garofalo was also the follower of Lombroso. He also rejected the doctrine
freewill and supported the position that the only way to understand crime was to
study crime by scientific method.

According to his theory, natural crimes are found in all human societies,
regardless of the views of the lawmakers and no civilized society can afford to
disregard them.

Types of Criminals according to Garofalo

1. Murderers

2. Violent Criminals

3. Deficient Criminals

4. Lascivious Criminals

DIFFERENT APPROACHES UNDER THE POSITIVIST CRIMINOLOGY

BIOLOGICAL DETERMINISM

This explanation is for the existence of the criminal traits that associates an
individual’s evil disposition to physical disfigurement or impairment.

GIAMBATISTA DELA PORTA (1535-1615)

An Italian physician who founded the school of Human Physiognomy, the

study of facial features and their relation to human behavior, the study judging a
person’s character from facial features to determine whether the shape of the ears,
nose and eyes and the distances between them were associated with anti-social
behavior.
 JOHANN KASPAR LAVATER (1741-1801)

Swiss theologian who believed that people’s true characters and

inclinations could be read from their facial features.

FRANZ JOSEPH GALL (1758-1828)

Gall was born in Germany, a renowned nueroanatomist and psychologist and

a pioneer in the study of the localization of mental functions in the brain. He
developed Cranioscopy, a method to study the personality and development of
mental and moral faculties based on the external shape of the skull. Cranioscopy
was later renamed as Phrenology, the study that deals with the relationship between
the skull and human behavior.

CHARLES GORING (1870-1919)

Charles Goring also studied Phrenology and Craniology which deals with the
study of the external formation of the skull indicating the conformation of the brain
and the development of its various parts which is directly related to the behavior of
the criminal. He believed that criminal characteristics were inherited and
recommended that people with such characteristics should not be allowed to
reproduce, relationship between crime and defective intelligence such as
feeblemindedness, epilepsy, insanity and defective social instinct.

JOHANN KASPAR SPARSHEIM (1776-1832)

A German Phrenologist who was the assistant of Gall. He was the man most
responsible for popularizing and spreading phrenology to a wide audience.

PHYSIOLOGY OR SOMATOTYPE

This 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.

Proponents of the Somatotype School of Criminology

ERNST SKRITZMER

He correlated body build and constitution with characters or temperamental

reactions of mentality. He distinguished three principal types of physiques:

1. Asthentic – lean, slightly build, narrow shoulders: their crimes are petty
thievery and fraud.

2. Athletic – medium to tall, strong to muscular, coarse bones; they

usually connected with crime of violence.
 3. Pyknic – medium height, rounded figures, massive nose, broad face,
they tend to commit crime of deception, fraud and violence.

WILLIAM SHELDON

He formulated his own group of Somatotype.

Type of Physique and Temperament

1. Endomorphic – relatively large digestive viscous round body; short,

tapering limb bone; smooth, velvety skin.

Viscerotonic

a. Generally relax and comfort small person, loves luxury and essentially
extrovert.

2. Mesomorphic – with relative predominance of muscle bones and

motor organs of the body with large wrist and hands.

Romotonic

b. Active, dynamic; with talks and gestures assertively and behaves

aggressively.

3. Ectomorphic – relative predominance of skin and appendages which

includes nervous system; it has fragile and delicate bones; with droopy shoulder,
small face and sharp nose., fine hair.

Cerebrotonic

c. Introvert prone to allergies, troubles, chronic fatigue, insomnia,

sensitive skin and sensitive to noise and with relatively small body.

HEREDITY AS A FACTOR IN CRIMINALITY

RICHARD DUGDALE

He studied the lives of the members of the JUKES FAMILY and referred to
Ada Jukes as the MOTHER of CRIMINALS. He discovered that among the
descendants of Ada Jukes, there were 280 paupers, 60 thieves, 7 murderers, 40
other criminals, 40 persons with venereal diseases and 50 prostitutes. He claimed
that since families produce generations of criminals, they must have transmitting
degenerate traits down the line.

HENRY GODDARD

He studies the lives of the KALLIKAK FAMILY and found that among the
descendants from Martin Kallikak’s relationship with a feebleminded and only 46 are
normal, 36 were illegitimate. 3 epileptics, 3 criminals, 8 kept brothels and 82 died of
infancy; his marriage with a woman from a good family produced almost all normal
descendants, only 2 were alcoholics, 1 was convicted of religious offense, 15 died at
infancy and no one became criminal or epileptic.

INTELLIGENCE AS A FACTOR IN CRIMINALITY

 The classic studies of the Jukend Kallikak families were among the first to
show that feeblemindedness or low-intelligence can be inherited and transferred
from one generation to the next. Numerous test were also conducted that lead to the
development of the use of IQ tests as a testing procedure for offenders. The very
first results seemed to confirm that offenders had low mental abilities and they were
found to be mentally impaired.

PSYCHOLOGICAL DETERMINISM

This explains the psychological determinants which define behavior of a

person. This idea has long been hatched by thinkers who were consumed by the
belief that it is the psychological equivalents that prod the person to act the way he
does.

There are many to classify psychological theories of crime causation. Some

of the theories is that there is something wrong with the mind of the offender which
caused him to commit crimes.

From among the many theories the relationship of psychology and crime the
psychoanalytic theory by Sigmund Freud is most notable.

SIGMUND FREUD

Freud is recognized as the FATHER OF PSYCHOANALYSIS. He believed

that man carry with him residue of the most significant emotional attachments of his
childhood, which then guide future interpersonal relationship.

Personality is comprised of three components:

a. ID- this stands for instinctual drives; the primitive parts of the
individual’s mental make-up present at birth; it is governed by the
“pressure principle”, represent the unconscious biological drives
for pleasure; the id impulses are not social and must be repressed or
adapted so that they may become socially acceptable.

b. EGO- this is consider to be the sensible and responsible part of an

individual’s personality and is governed by the “reality principle”; it is
develop early in life and compensates for the demands of the id
by helping the individual guide his actions to remain within the
boundaries of accepted social behavior. It is the objective, rational part
of the personality.
c. SUPER EGO- serves as the moral conscience of an individual. It is
structured by what values were taught by the present, the school and
the community, as well as belief in God; it is largely responsible for
making a person follow the moral codes of society. It is divided into
two parts: conscience (tells what is right and wrong) and ego ideal
(directs the individual to morally acceptable and responsible behavior,
which may not be pleasurable).

PSYCHOSEXUAL STAGES OF HUMAN DEVELOPMENT

 • Eros – the most basic human drive present at birth (the instinct to
preserve and create life). An expressed sexually.

• Oral Stage – usually during the first year of life when child attains
pleasure by sucking and biting.

• Anal Stage – focus the elimination of bodily wastes during the second
the third year of life.

• Phallic Stage – during the third year when child focuses their attention
on their genitals.

• Oedipus Complex – a stage of development when male begin to have

sexual feelings for their mother.

• Electra Complex ¬ - a stage of development when girls begin to have

sexual feelings to their fathers.

• Latency – begins at age 6. Feelings of sexuality and expressed until

the genital stage begin at puberty; this marks the beginning of adult sexuality.

• Fixated Person – exhibit behavior traits characteristics and those

encountered during infanticide sexual development e.g. an infant who does not
received enough or gratification during first year of life, likely as an adult engage in
such or behavior as smoking, drinking or drug abuse and others.

PSYCHOLOGICAL THEORIES CRIME CAUSATION

Emotional Problems Theories

The emotional problem theories look at the offender as having the

same psychological make-up as that of non-offender. There is no disease on
psychological disorder present in the offender does not cope well with his
environment and thus creates frustration that results in crime. The emotional
problems theories assumes that the lawbreaker does not have the great mental
sickness that causes him to commit crimes but rather he commit crime because of
everyday emotional problems that made him unable to cope. As a result, the
offender acts out criminality.

Mental Disorder Theories

There are two general types of mental disorders. First, is the organic
disorder where the physiology cause can be identified, such as head injuries that
lead the mind blank, senility, Parkinsons disease and Alzheimers disease. Organic
disorder or sickness. Second, is the functional disorder, which is characterized by
strange behavior that cannot be traced to any known organic disease. Examples of
functional disorders are those people with the apparent brain sickness who held
choices that other do not hear, or who.

TYPE OF MENTAL DISORDERS

NUEROSES - a common type of mental disorder used to explain

criminal behavior. Also referred to as hysteria or neurasthenia. Some of the more
common neuroses are:
 Anxiety – also known as anxiety state or anxiety reaction. It is
characterized by the person feeling anxious, fearful anticipation or apprehension, the
person may be irritable, have poor concentration and over reacts on things that are
annoying.

Obsessive Compulsive Behavior – people who suffer from this, have

unwanted, intrusive and repetitive thoughts or behaviors.

1. Obsession – a repetitive and irresistible thoughts or urge.

2. Compulsion – a repetitive behavior that is thought to produce

or prevent something that is thought to be magically connected
to the behavior.

Phobia – excessive and unexplainable fear of something. Generally

exaggerated fear of things that normal people do not fear with the same degree.

Depression – extreme feeling of low morale, sadness, loneliness, self-pity,

despair, rejection. Boredom and pessimism. A person is said to be depressed if
these feelings become pervasive and can already affect all aspects of a persons life.

Impulsive Disorder – an excessive or unreasonable desire to do or have

something an irrational or irresistible motive. Examples of this are Kleptomania,
Pyromania, Dipsomania and others.

PSYCHOSES – a more serious type of mental disorder, which can be organic

or functional. Psychotic people lose contact with reality and have difficulty
distinguishing reality from fantasy.

The most common type of psychosis are the following:

Schizoprenia – also called dementia praecox. Characterized by

distortions or withdrawal from reality. Disturbances of thoughts and language and
withdrawal from social contact.

Paranoia – gradual impairment of the intellect, characterized by

delusions or hallucination.

Delusion – false belief

Hallucination – false perception

Delusions of grandeur – a false belief that you are greater than

everybody else.

Delusions of persecution – a false belief that other people are

conspiring to kill, harm or embarrass you.

a. Albert Adler - (1870-1937) – Founder of individual

psychology and coined the term “Inferiority Complex”, people who have
the feelings of inferiority and compensate for them with a drive of
superiority.
 b. Erik Erikson (1902-1984) – described the so called
“Identity Crisis”, a psychological state in which the youth face inner
turnoil and uncertainty about life roles.

c. August Aichorn - he concluded that societal stress,

though damaging, could not alone result in a life of crime unless a
predisposition existed that psychologically prepared youths for anti-
social acts. He called this mental state – the latent delinquency, found
on youths whose personality requires acting in the following ways: 1)
Seek immediate gratification, 2) Consider satisfying their personal
needs more important than relating to others, and 3) Satisfying
instinctive urges without considering right and wrong (they lack guilt)

d. Isaac Rey – an acknowledged American psychiatrist who

popularized the concept of “moral insanity” in his book. “A treatise on
the Medical Jurisprudence of Insanity.

SOCIOLOGICAL DETERMINISM

Sociological factors refers to things, places and people with whom we

come in contact with and which play a part in determining or actions and conduct.
These causes may bring about the development of criminal behavior.

EMILE DURKHEIM

One of the founding scholars of sociology, published a book, “Division of

Social Labor”, which became a landmark work on the organization of societies.
According to him:

A. Crime is a normal part of society as birth and death.

B. Crime is a part of human nature because it has existed during periods

of both poverty and prosperity.

C. As long as human differences exists, which is one of the fundamental

conditions of society, it is but natural and expected that it will result to criminality.

One of his profound contributions to contemporary criminology is the concept

of anomie, the breakdown of social order as a result of loss of standards and values.

GABRIEL TARDE (1843-1904)

The forerunner of Modern Day Learning Theorists. He introduced the Theory

of Imitations, governs the process by which people becomes criminals. The theory of
imitation is explained the following patterns:

1. Pattern 1 – individuals imitate others in proportion to the intensity and

frequency of the contact.

2. Pattern 2 - inferiors imitate superiors.

3. Pattern 3 – when two behave the patterns clash, one may take place
of the other.
ADOLPHE QUETELET

He repudiated the freewill doctrine as the classicist. He founded what is

known as Cartographic School Criminology, together with Ann Michael Guerry. This
study used social statistical and provided important demographic information on the
population, including density, gender, religious affiliations and social economic
status. He found a strong influence of age, climate condition, population composition
and economic status on criminality.

Sociological Concept and Crime Causation

The study of sociology provides more ideas and opinions that help in
understand why a person becomes a criminal.

Social Norms – also called rules of conduct. Shared standard of behavior

which in return require certain expectations of a behavior in a given situation.
Socially and accepted behavior or conduct in society. The set of rules that govern an
individual’s behavior and actions.

Neutralization - refers to the learning process by which a person learners

and internalizes the ways of society so that he can function and become an active
part of society.

MODERN EXPLANATIONS OF CRIMES AND CRIMINAL BEHAVIOR

SOCIAL STRUCTURE THEORY – views that disadvantage of economic

class position is a primary cause of crime.

Social Disorganization Theory – focuses on the conditions within the

urban environment that affect crime rates. Links crime rate to neighborhood
ecological characteristics. Views crime-ridden neighborhoods as those in which
residents are uninterested in community matters: therefore the common sources of
control-family, school, church and barangay authorities are weak and disorganized.

Strain 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. It argues
that the ability to obtain these goals is class dependent: members of the lower class
are unable to achieve these goals which comes easily to those belonging to upper
class.

Consequently, they feel anger, frustration and resentment, referred to as

Strain. The commission of crimes with the aim of achieving these goals from this
conflict.

Cultural Deviance Theory – combines the elements of both strain and

disorganization theories. Theorizes that in order to cope with social isolation and
economic deprivation, members of the lower class create an independent subculture
with its own set of rules and values.

Cultural Transmission – the concept that conduct norms are passed

down from one generation to the next so that they become stable within the
boundaries of a culture.
SOCIAL PROCESS THEORIES

Views that criminality is a function of people’s interaction with various

organization, institutions and process in society.

A. Social Learning Theory – believes that crime is a product of learning

the norms, values and behaviors associated with criminal activity.

1. DIFFERENTIAL ASSOCIATION THEORY

Formulated by Edwin Sutherland. Believes that criminality is a function of a

learning process that could affect any individual in any culture.

His theory is outlines as follows

1. Criminal behavior is learned;

2. Criminal behavior is learned in interaction with other persons in a

process of communication;

3. The principal part of learning of criminal behavior occurs within an

intimate personal group;

4. When criminal behavior is learned, the learning includes techniques in

committing the crimes which are sometimes very simple, the specific directions of
motives, drives, rationalization and attitudes;

5. The process of learning criminal behavior by association with criminal

and anti-criminal patterns involves all of the mechanism that are involved in any
other learning.

2. DIFFERENTIAL REINFORCEMENT THEORY

According to this theory, people strike a balance between being “all deviant”
and “all-confirming”. Behavior persists depending on the degree to which it was
rewarded or punished.

B. Social Control Theory

Maintains that all people have the potential to violate the law and that modern
society presents many opportunities for illegal activities. It argues that people obey
the law because behavior and passions are being controlled by internal and external
forces.

Social Bond – ties a person to the institutions and process of society.

According to Hirschi, elements of the social bond including commitment,
attachments, involvement and belief.

Containment Theory ¬ - according to Walter Reckless, it is the idea that

strong self-image insulates a youth from the pressures and pulls the criminogenic
influences in the environment.
 Social Reaction Theory – also called Labeling Theory. Holds that people
enter into law violating careers when they are label for their acts and organized their
personalities around the labels. Negative labels have dramatic influence on the self-
image offenders.

TOPIC FOR GROUP 4

APPROACHES TO THE EXPLANATION OF CRIME

Criminology started when the people and its government began to make
observations about crime as a menace to the society. Criminology as a science is a
body of knowledge regarding crime as social phenomenon. As a social
phenomenon, crime can be studies scientifically if we use scientific approaches.

SUBJECTIVE APPROACHES

This approach derived mainly from the biological explanations of Crimes. It

has perpetuated an image of the offender as one who deviates from the standard of
presumed psycho-physical normality ways adversely affecting the capacity to
conform to acceptable standards on conduct.

1. Anthropological Approach

This approach had tried to compare the physical characteristics of the

individual offender to non-offenders, and based on facts and circumstances
individual offenders have great differences compared to non-offender with regard to
physical characteristics.

2. Medical Approach

It explains the role of physical and mental conditions of the individual prior or
after the commission of criminal acts. It further explains that even if the individual
commits an offense, proper medical examinations will show that the offender was
mentally ill at the time of the commission of crime. This suggest that an individual
shall not be held accountable for his act; that individual who acted without
discernment shall be exempted from criminal liability.

3. Biological Approach

It is the evaluation of genetic influences to criminal behavior. As cited in book

of Criminology of Donald Taft, heredity is one of the causes of crime.

4. Physiological Approach

This approach explains that instinctively it is the nature of the human being to
acquire all physical needs to satisfy all his wants. Every human being possess
integrity and whenever we lose sight of a human as a whole we violate that integrity.
 5. Psychological Approach

It is the explanation of crime through diagnosis of mental diseases as a cause

of criminal behavior.

6. Psychoanalytical Approach

This is based upon the Freudian Theory which traces behavior as a deviation
to the repression of the basic drives.

OBJECTIVE APPROACH

The objective approach is derived from the social science point of view, that
offenders are normal beings upon whom have played the external cirminogenic
forces that deals with the study of groups, social process and institutions as
productive deviant behavior.

1. Geographic Approach

This approach considers topography, natural resources, geographical location

and climate which lead an individual to commit crime.

2. Ecological Approach

It is concerned with biotic grouping of men resulting to migration, completion,

social discrimination, division of labor and social conflict as factors to crime.

3. Economic Approach

It deals with the explanations of crime concerning financial security of

inadequacy and other necessities to support life as factors of criminality.

4. Socio-cultural Approach

It focuses on institutions, economic, financial education, political and

religious influences to crime.

5. Contemporary Approach

Modern days put emphasis on scientific mode of explaining crime and

criminal behavior. This approach is focused on the psychoanalytical, psychiatric and
sociological explanations of crime in an integrated theory which is explanatory
perspective that merges concepts drawn from different sources.
 TOPIC FOR GROUP 5

PENOLOGY
History of Penology

Frequently, the history of Penology is a story of cruelty when measured

by contemporary concepts of criminal justice; but it is also a story of emergence of
ideas which are progressive even by the standards of today. The compensation by
the criminals to the victims became an important source of revenue for the English
Kings in the 12th century. Generally, imprisonment then had three purposes;
detention while awaiting trial or the contemporary confinement before the gally
servitude. Torture become more prevalent after 1468 and capital punishment after
1688. Outlawry and mutilation were other early techniques of punishment.

Prior to the coming of the Spaniards and immediately soon after their
arrival, the penal system of this country was jurisdictionally local and tribal. It is
consisted mostly of nature mores and customs administered by regional chieftains.
Upon the occupation of the Philippines by the Spaniards dating as far as 1521, and
various later dated when formal occupation of different villages were effected by the
Spanish “conquistadores” the laws which were introduced were the Royal Decree,
orders, ordinances, rules and regulation for the government of the colonies
promulgated by the King of Spain from time to time and alter incorporated into the
“Recopelacion de lasLeyes de India”.

Development of Penology

The term “correction” or the institution of penology is often used today

to indicate that the chief concern is to correct antisocial behavior, not to punish
criminals. The prisoners were deprived of their liberties but they are not sent to
prison to receive further punishment, rather they are expected to profit from the
treatment they receive from prison.

PENOLOGY

Derived from the Latin word “poena” which means pain or suffering. It
is study of punishment or crime or criminal offenders. It includes the study of control
and prevention of crime through punishment of criminal offenders.

Penal Management – is the manner or practice of managing or controlling places of

confinement as in jails or prisons.

CORRECTION

A branch of criminal justice system concerned with the custody,

supervision and rehabilitation of criminal offenders. It utilizes the body of knowledge
and practices of the government and society in general involving the process of
handling individuals who have been convicted of offense for the purposes of crime
prevention and control.
THE FORMS AND NATURE OF PUNISHMENT

PUNISHMENT

The general concept of punishment is that it is an infliction of some sort of

pain on the offender for violating the law.

It is the isolation of convict by imprisonment for the periods laid down by the
courts or in extreme cases, their execution by the methods prescribed by the law –
correction and rehabilitation are functions undertaken by the institution set-up by
law.

Is the penalty imposed on the offender for a crime or wrongdoing.

The Early Forms of Punishment

The earliest form of punishment were Death, Torture, Maiming and

Banishment. The jail was introduced in medieval Europe as a place of confining
persons arrested and undergoing trial and for those convicted of minor offenses
such drunkenness, gambling and prostitution. Death, corporal punishment and
banishment were still the penalties for offenses which today are punishable by
imprisonment. Later, convicted offenders are chained to galleys to men the ships of
war.

Other Types of Punishment (Early forms)

1. Hard Labor
2. Deprivation
3. Monotony
4. Uniformity
5. Mass Movement
6. Degradation
7. Corporal punishment
8. Isolation or solitary confinement

THEORIES OF PUNISHMENT

Five Principal Theories of Punishment

1. Retribution or Retaliation – the punishment should be provided by

the state whose sanction is violated, to afford the society or the individual who was
wronged the opportunity of imposing upon the offender such suitable punishment
might be enforced.

2. Expiration – this theory rest on the belief that a wrong act must be
atoned for by the punishment which compensates for the crimes.

3. Deterrence – based on the principle that the punishment received by

the criminal offender or convicted criminals prevent others from performing similar
actions for fear they will receive the same punishment.
 4. Reformation – it is the establishment of the usefulness and
responsibility of the offender.

5. The Protection from the Society – the basic purpose of punishment

is to protect society. The public will be protected if the offender has being held in
conditions where he cannot harm others especially the public.

Contemporary Forms of Punishment

1. Imprisonment – putting the offender in prison for the purpose of

protecting the public against the criminal activity and at the same time rehabilitating
the prisoners.

2. Parole – a conditional release of a prisoner after serving part of his

sentence in prison for the purpose of gradually reintroducing him to free life under
the guidance and supervision of a parole officer.

3. Probation – a disposition, is released subject to the conditions

imposed by the releasing court under the supervision of a probation officer.

4. Fine

5. Destierro

JAIL ADMINISTRATION

JAIL – a place for locking-up the persons who were convicted of minor
offenses imposed upon them by a competent court or for confinement of persons
who awaiting court decisions.

Types of Jails

1. The Lockup. This is a security facility usually operated by the police

department for the temporary detention of persons held for investigation or awaiting
preliminary hearing.

2. The Jail. The type of jail commonly used to detain convicted criminals
offender to serve sentence less than three years.

3. The Workhouse, Jail-farm or Camp. These institutions house

minimum custody offenders serving short sentences, usually not more than three
years or those who are undergoing constructive work programs.

FORMS OF EXECUTIVE CLEMENCES

PARDON – is a form of executive clemency which is exercised by the Chief

Executive. It is an act of grace and the recipient of the pardon is not entitled to it as
matter of right. The exercise of pardon is vested in the Executive. It discretionary
and is not subject for review by the courts.

Kinds of Pardon

a. Absolute pardon - the extinction of the criminal liability of an individual to

whom it is granted without any condition and restores to the individual his
civil right.
 b. Conditional pardon – the extinction of the criminal liability of an individual
from the punishment which the law inflicts for the offense he has
committed, with in certain limits or conditions.

COMMUTATION OF SENTENCE – reduce to a less serious one or from longer

prison term to a shorter one

-convicted offender may only be granted commutation of sentence after

serving a portion of their sentence as provided by law.

AMNESTY – an act of sovereign power granting oblivion or general pardon for the
past offense, usually granted in favor of certain classes of persons who have
committed crimes of political character, such as treason or rebellion.

COMMUTATION OF SENTENCE – reducing the period of imprisonment into shorter

period.

REPRIEVE – temporary suspension of the execution of the sentence.

Parole – a method by which a prison who has served a portion of his

sentence is conditionally released but remains in legal custody, the
condition being that in case of misbehavior he shall put back to
prison.

- Granted to convicted offenders who have served a portion of their

sentence as provided by law granted by the Board of Pardons and
Parole.