CHAPTER 1

OVERVIEW OF CRIMINOLOGY

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 crime 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
(Wikipedia).
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 political
science in order to provide an 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 in 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 common sense nor
guesswork, but rather, the scientific study of crime. The knowledge obtained through
criminological research is based on empirical evidence,

Other definitions of criminology include:

Criminology is the science which studies crime, forms of criminal behavior, the causes of crime,
the definition of criminality, and the societal reaction to criminal activity. Related areas of
inquiry may include juvenile delinquency, victimology (the study of crime victims), theories of
prevention, policing, and corrections (Sousa, 2008).
Criminology, on the other hand, is closer to psychology than it is to criminal justice, because it
studies the minds and behaviors of criminals as opposed to their criminal actions (Sousa, 2008).
Principal Divisions of Criminology (Tradio, 1999)
The study of criminology has three principal divisions:
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 Sutherland) of Criminology (Edwin
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 criminality? the possible means of controlling

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

Various Studies and Sciences Related to Criminology

Criminology sciences: Covers the following studies an
1. Law
2. Sociology
3. Psychology
4. Medicine
5. Chemistry
16. Public Administration
7. Education
8. Theology
9. Economics

Agencies and Sectors Associated to Criminology

Criminology consists of the activities of the following offices and sectors, public and private:
1. legislative bodies and lawmakers
2. law enforcement agencies 3. courts and prosecution
4. correctional institutions
5. educational institutions/schools
6. public charitable and social agencies
7. public welfare agencies
8. non-government organizations
9. the family and the home
10. the church
11. private charitable and welfare institutions
12. civic clubs and organizations
13. print media, radio and television

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 in 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 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, political science, and so on. economics,
5. It is nationalistic.
The study of crimes must be in relation with the existing criminal law within the territory of
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 relationship between population study of the criminality and
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:
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.
Criminologist Defined
Criminologist is any person who is a graduate of the Degree of Criminology, who has passed the
examination for criminologists and is registered as such by the Board (Section 22, R.A. 6506 -
An Act Creating the Board of Examiners for Criminologists in the Philippines and for Other
Purposes)
Criminologist is a professional who studies crime, criminals, criminal behavior, and efforts to
control crime (Reid, 1997).
Criminologist is one who is trained in the field of Criminology. Also, he or she is one who
studies crime and criminals, and criminal behavior (Schmalleger, 1996).
Practice of Criminology Defined
A person is deemed to be engaged in the practice of Criminology if he holds himself out to the
public in any of the following capacities: (Section 23, R.A. 6506)
a. As a professor, instructor or teacher in Criminology in any University, College or school duly
recognized by the government, and teaches any of the following subjects:
1) Law Enforcement Administration
2) Criminalistics
3) Correctional Administration
4) Criminal Sociology and allied subjects, and
5) Other technical and specialized subjects in the Criminology curriculum provided by the
Department of Education (now Commission on Higher Education)
b. As a law enforcement administrator, executive, adviser, consultant or agent in any government
or private agency.
c. As technician in dactyloscopy, questioned documents, police photography, lie ballistics,
detection, forensic chemistry, and other scientific aspects of crime detection.
d. As correctional administrator, executive supervisor, worker or officer in any correctional and
penal institution.
e. As counselor, expert, adviser, researcher in any government or private agency, on any aspects
of criminal research or project involving the causes of crime, juvenile delinquency, treatment of
offenders, police operations, law enforcement administration, scientific criminal investigation or
public welfare administration.

Privileges Given to Certified Criminologists

Pursuant to Section 24 of R.A. 6506, all certified criminologists shall be exempt from taking any
other entrance or qualifying government civil service or examinations and shall be considered
civil service eligible to the following government positions:
a. dactylographer
b. ballistician
c. questioned document examiner
d. correctional officer
e. law enforcement photographer
f. lie detection examiner
g. probation officer
h. agents in any law enforcement agency
i. security officer
j. criminal investigator
k. police laboratory technician
Career Opportunities for Criminology Graduates
A myriad of job opportunities, await criminology graduates. Most of these careers would be
found in government agencies as follows:
1. Law Enforcement Officers/ Intelligence Officers/ Investigators
a. Philippine National Police (Maritime, Hi-way Patrol, Aviation, or Airport), as personnel and
police officers b. Philippine Ports Authority (PPA), as port police
c. Bureau of Customs (Custom Intelligence and Investigation Service)
d. National Bureau of Investigation (NBI), special investigators (SI)
e. Philippine Drug Enforcement Agency (PDEA), as agents
f. Department of Finance Laundering and Lifestyle Check) (Anti-Money g. National Police
Commission (NAPOLCOM), as investigators
h. Bureau of Fire Protection (BFP), as fire officers and investigators
i. Department of Transportation Communications (DOTC), as coastguards and
j. Department of the Interior and Local Government (DILG)
k. Other government branches with Intelligence and Investigative units
2. Members and Officers of the Armed Forces of the Philippines (AFP)
a. Philippine Army b. Philippine Navy
c. Philippine Marines
d. Philippine Air Force
3. Forensic Specialists or Experts
a.National Bureau of Investigation (NBI)
b. Philippine National Police Crime Laboratory State
c. Higher Education Institutions (HEIS) Colleges and Universities (SUCs) and Private
Universities and Colleges (PUCS) -
4. Personnel and Officers of Correctional Institutions
a. Bureau of Corrections (Department of Justice/DOJ), as prison officers or guards
b. Bureau of Jail Management and Penology (BJMP), as jail officers or guards
c. Parole and Probation Administration, as probation officers and as parole officers (DOJ)
d. Provincial Jail under the Office of the Governor in every province, as provincial jail officers or
guards
5. Judiciary
a. Supreme Court, as sheriffs
6. State Colleges and Universities (SUCs), Private Universities and Colleges (PUCs) and
Specialized Training Institutions (STIs) such as the Philippine Military Academy (PMA),
Philippine National Police Academy (PNPA), Philippine Public Safety College (PPSC) as:
a. Administrators
b. Instructors
c. Training Officers
d. Laboratory Technicians
7. Maritime Industry
a. Sea Marshall Officer in private vessels, both national and international
Chapter 2

SCHOOLS OF THOUGHT IN CRIMINOLOGY

Criminology as a discipline is recent, but its foundations date back to centuries ago built by
people who may be called early criminologists. To better understand current criminological
theories, it is essential to be familiar with these people's contributions and earlier approaches.

CLASSICAL CRIMINOLOGY
By the middle of the 18th century, social philosophers studied, argued and began to look for a
more rational approach in imposing punishment. Social reformers sought to eliminate the
barbaric system of law, punishment and justice. They stressed that the relationship between crime
and punishment should be balanced and fair.
One of the social reformers who worked on the implementation of said reform was Cesare
Beccaria. He pioneered the development of a systematic understanding of why people committed
crime. According to him, the crime problem could be traced not to bad people but to bad laws,
that a modern criminal justice system should guarantee all people equal treatment before the law.
Beccaria believed that the behavior of people with regard to their choice of action is based on
hedonism, the pleasure- pain principle: Human beings choose those actions that give pleasure
and avoid those that bring pain. Moreover, punishment should be assigned to each crime in a
degree that results in more pain than pleasure for those who commit the forbidden acts.
Therefore, "the punishment should fit the crime." The writings of Beccaria and his followers
form the core of what today is referred to as Classical Criminology, with the following basic
elements:
In every society, people have free will to choose criminal or law solutions to meet their needs or
settle their problems.
Criminal solutions may be more attractive than lawful ones because they usually require less
work for a greater payoff; if left unsanctioned, crime has greater utility than conformity.
A person's choice of criminal solutions may be controlled by his fear of punishment.
The more severe, certain, and swift the punishment, the better able it is to control criminal
behavior (Siegel, 2004).

Beccaria's book On Crimes and Punishment supplied the blue print, which was based on the
assumption that people freely choose what they do and are responsible for the consequences of
their behavior.
Another classicist was Jeremy Bentham, a contemporary of Beccaria. He devoted his life to
developing scientific approach to the making and breaking of laws. Like Beccaria, he was
concerned with achieving "the greatest happiness of the greatest number." Bentham referred to
his philosophy of social control Utilitarianism as assumes utilitarianism. that all human actions
calculated in accordance with their likelihood of bringing happiness (pleasure) or unhappiness
(pain). People weigh the probabilities of present and future pleasures against those of present and
future pain.
The Classical School of Criminology's concept of human nature as governed by the doctrine of
"free will" and rational behavior, upholds the following principles:
1. All human beings, including criminals, will freely choose either criminal ways or non-criminal
ways, depending on which way they believe will benefit them.
2. Criminals will avoid behaviors that will bring pain and will engage in behaviors that will bring
pleasure.
3. Before deciding which course of action to take, criminals will weigh the expected pains.
4. Criminals are responsible for their behaviors. They are seen as human beings who are able to
interpret, analyze, and understand the situations in which they find themselves.
5. Criminals act over and against their environments. They are not victims of their environment.
6. Criminals go through a thinking process whereby they take a variety of factors into account
before they make a final decision on whether or not to commit a criminal act.
7. Criminals behaviors. are totally responsible for their
8. Environmental forces do not push, pull, or propel individuals to act. An individual acts
willfully and freely.
9. Offenders are not helpless, passive, or propelled by forces beyond their control.
10. Each criminal act is a deliberate one, committed by a rational, choosing person who is
motivated primarily by the pleasure-pain principle.

NEOCLASSICAL CRIMINOLOGY
century, had the same basis as the classical school - a The neoclassical school, which flourished
in the 19th belief in free will. But the neoclassical criminologists, most of whom were British,
saw the need for individualized reaction to offenders. They believed the classical approach was
too harsh and unjust. This school of Criminology is a modification of classical theory; it believed
that certain factors such as insanity will inhibit the exercise of free will.
Perhaps the most shocking aspect of harsh penal codes in early times was that they did not
provide for the separate treatment of children. One of the changes of the neoclassical period was
that children under seven years of age were exempt from the law because they were presumed to
be unable to understand what is right or wrong. The exemption would cover juveniles. Mental
disease became a reason to exempt a suspect from conviction too. It was seen as a sufficient
cause of impaired responsibility, and thus defense by reason of insanity crept into the law. Any
situation or circumstance that made it impossible to exercise free will was seen as a reason to
exempt a person from legal responsibility from what otherwise might be a criminal act.
Although the neoclassical school, unlike the classical, was not a scientific school of criminology,
it began to explore the causation issue. Its proponents made exceptions to the law and implied
multiple causation. Even today, much modern law is based on the neoclassical philosophy of free
will tempered by exceptions (Reid, 1997).
POSITIVIST CRIMINOLOGY
The positivist school originated in the 19th century in the context of the "scientific revolution."
The positivists rejected the harsh legalism of the classical school and substituted the concept of
"free will" with the doctrine of determinism. They focused on the constitutional approach to
crime, advocating that structure or characteristics of an individual determine that person's
physical behavior. Since these characteristics are not uniform, the positivists emphasized a
philosophy of individualized, scientific criminals, treatment of based on the findings of the
physical and social sciences.
Auguste Comte (1798-1857) is considered the founder of positivist school and sociology. He
applied scientific methods in the study of society, from where he adopted the word sociology. He
wanted a society in which all social problems will be solved by scientific methods and research.
He believed that large groups of people such as society, being a subject of scientific study, can
lead to the discovery of specific laws that would greatly help them.
The positivist school was composed of several Italians. Generally, it is associated with Cesare
Lombroso (who founded the Italian School of thought), Enrico Ferri, and Rafaelle Garofalo.
They were called the "unholy three" by the religious leaders during the time of positivism
because of their belief in evolution as contrasted to biblical interpretation of the origin of man
and woman. Eventually, they have been called the "holy three of criminology" because their
emergence symbolized clearly that the era of faith was over and the scientific age had begun.
The positivist school presumes that criminal behavior is caused by internal and external factors
outside of the individual's control. The scientific method was introduced and applied to the study
of human behavior. Positivism can be broken up into three segments which include biological,
psychological and social positivism.
The following are key assumptions of the positivist school of thought:
1. Human behavior is determined and not a matter of free will.
2. Criminals are fundamentally different from non- criminals.
3. Positivists search for such differences by scientific methods.
4. Social scientists (including criminologists) can be objective, or values-neutral, in their work.
5. Crime is frequently caused by multiple factors.
6. Society is based on consensus, and not on social contract.
Biological Positivism
Cesare Lombroso was an Italian criminologist, scientist, university professor, prison doctor, and
founder of criminal anthropology. He was one of the largest contributors to biological positivism
and founder of the Italian School of Criminology. Lombroso is widely known as the father of
modern criminology, although most of his ideas have been discredited today.
It is interesting to examine the sequence of events that made Lombroso, not Beccaria or
Bentham, deserve this title.
Lombroso's work closely followed Charles Darwin's theory of man's evolution. Lombroso
contended that just as human beings developed from the nonhuman animal forms, the criminal
was a throwback or mutant to a primitive stage of human evolution. The criminal was a product
of biology, and not much could be done for this "born criminal." Lombroso's positivist approach
was scientific, anthropological and biological. With his research, the "legalistic concern for
crime" advanced to a "scientific study of the criminal," which in turn became the field of
criminology. This accounted for his title of being the father of criminology.
After completing his medical studies, Lombroso served as an army physician, became a
professor of psychiatry at the University of Turin, and later in his life accepted an appointment as
professor of criminal anthropology. His theory of the "born criminal" states that criminals are a
lower form of life, nearer to their apelike ancestors than non-criminals in traits and dispositions.
They can be distinguished from non-criminals by various atavistic stigmata, which refers to the
physical features of creatures at an earlier stage of development, before they became fully human
beings.
The criminal's distinct physical and mental stigmata include deviation in head size and shape
from the type common to the race and region from which the criminal came; asymmetry of the
face; excessive dimensions of the jaw and cheek bones; eye defects and peculiarities; ears of
unusual size, or occasionally very small, or standing out from the head as those of chimpanzee;
nose twisted, upturned or flattened in thieves, or aquiline or beak-like in murderers, or with a tip
rising like a peak from swollen nostrils; fleshy lips, swollen and protruding; pouches in the
cheeks like those of animal's toes; and imbalance of the hemispheres of the brain. Lombroso's
work supported the idea that the criminal was a biologically and physically inferior person.
Among Lombroso's major contributions to positivist criminology are the following:
1. The theory of atavism. Lombroso had the opinion that criminals were developed from
primitive or subhuman individuals characterized by some inferior mental and physical
characteristics such as receding hairline, forehead wrinkles, bumpy face, broad noses, fleshy lips,
sloping shoulders, long arms, and pointy fingers. He called this condition atavism.
2. The application of the experimental or scientific method to the study of the criminal.
Lombroso spent endless hours measuring criminally insane persons and epileptics' skulls.
3. The development of a criminal typology. Although Lombroso's system of classification is
considered crude and not adopted today, he still attempted to categorize criminals. They are as
follows:
a. Born criminals These refer to individuals who are born with a genetic predilection toward
criminality.
b. Epileptic criminals - These are criminals who commit crime because they are affected by
epilepsy.
c. Insane criminals These are those who commit crimes due to abnormalities or psychological
disorders. These criminals are not criminal from birth; they become criminal as a result of some
changes in their brains which interfere with their ability to distinguish between right and wrong.
d. Occasional criminals - These are criminals who commit crime due to insignificant reasons that
push them to do at a given occasion.
Lombroso also identified the various types of occasional criminals as:
a. Pseudo criminals - These individuals are not real criminals. They have neither any inborn
tendency towards crime nor are they under the influence of any bad crime-inducing habit. They
do something criminal on account of acute pressure of circumstances that leave them with no
choice. An example would be persons who kill in self-defense.
b. Criminaloids The term "criminaloids" (sometimes called criminoloid) means "like a criminal"
or "having resemblance with the criminal." From this, it can be said that criminaloids are not
born criminals but non- criminals who have adopted criminal activity due to pressure of
circumstances and less physical stamina or self control. The nature of their crimes is not very
grave.
C.Habitual criminals - They have no organic criminal tendency, but in the course of their lives
they have developed some foul habits that force them into criminality. Some attributing factors
are poor parenting and education, or contact with other criminals.
d. Passionate criminals - These are individuals who are easily influenced by great emotions like
fit of anger.
4. The belief in the indeterminate sentence. Penalties should be indeterminate so that those other
"born" criminals who are incorrigible could be worked with and rehabilitated.
5. The application of statistical techniques to criminology. Although crude and with the use of
questionable control groups, statistical techniques were used by Lombroso to make
criminological predictions.
Enrico Ferri
A student of Lombroso, Enrico Ferri is the best-known of Lombroso's associates. But, although
he agreed with Lombroso on the biological bases of criminal behavior, his interest in socialism
led him to recognize the importance of social, economic and political factors in the study of
criminal behavior. His greatest contribution was his attack on the classical doctrine of free will,
which argued that criminals should be held morally responsible for their crimes because they
must have made a rational decision to commit those acts. On the contrary, Ferri believed that
criminals could not be held morally responsible because they did not choose to commit crimes
but rather were driven to commit them by conditions in their lives. He, however, stressed that
society needed protection against criminal acts and that it was the purpose of the criminal law
and penal policy to provide that protection.
Ferri claimed that strict obedience to preventive measures based on scientific methods would
eventually reduce crimes and allow people to live together in society with less dependence on the
penal system.

Raffaele Garofalo
Just like Lombroso and Ferri, Raffaele Garofalo rejected the doctrine of free will and supported
the position that the only way to understand crime was to study it by scientific methods.
Influenced by Lombroso's theory of atavistic stigmata, which he found to have many
shortcomings, he traced the roots of criminal behavior, features, but not to physical to their
psychological equivalents, which he called "moral anomalies." According to this theory, natural
crimes are found in all human societies, regardless of the views of lawmakers, and no society can
disregard that.
According to Garofalo, natural crimes are those that offend the basic normal sentiments of
probity, which mean respect for the property of others, and piety or avoidance of causing
infliction of sufferings to others. An individual who has an organic deficiency in these moral
sentiments has no moral force against committing such crimes. Influenced by the theory of
Darwin, Garofalo suggested that the death penalty could rid the society of its maladapted
members, just as the natural selection process eliminated maladapted organisms. And for those
who committed less serious offenses, who are capable of adapting themselves to society in some
measure, he preferred: transportation to remote islands, loss of privileges, institutionalization in
farm colonies, or perhaps simple reparation. Clearly, Garofalo was more concerned and
interested in protecting society than individual rights of offenders.
Garofalo classified criminals as:
1. Murderers those who are satisfied from
1vengeance or revenge
2. Violent criminals - those who commit very serious crimes
3. Thieves those who commit crimes against 11 property
4. Lascivious criminals those who commit crimes against chastity

Sociological Positivism
During the nineteenth and early twentieth centuries, some scholars began to search for social
determinants of criminal behavior. Among them were the Belgian mathematician Adolphe
Quetelet and the French lawyer Andre Michel Guerry. They started what was called Cartographic
School of Criminology in which they worked independently on the relation of crime statistics to
such factors as poverty, age, sex, race, climate, and other demographic factors. Both scholars
concluded that society, not the decisions of individual offenders, was responsible for criminal
behavior.
Another scholar who worked on relationship of crime and social factors was Gabriel Tarde. He
was of the opinion that society played an important role in creating the criminal. However,
individual choice and chance were also important to him. Tarde's major contribution in the study
of the cause of crime was his concept of the criminal as a professional type. He believed that
most criminals went through a process of training before finally becoming criminal. Moreover, it
was an accident of birth or chance that put them in an atmosphere of crime.Of all the nineteenth-
century writers on the relationship between crime and social factors, none has powerfully
influenced criminology than more contemporary Émile Durkheim. According to Durkheim,
crime is an inevitable aspect of society. It could disappear only if all members of society had the
same values, and such standardization is neither possible nor desirable. He called this concept
anomie (Greek, anomos, without norms), a breakdown of social order as a result of a loss of
standards and values. In a society plagued by anomie, disintegration and chaos cohesion. replace
social Comparison of the Classical and Positive Criminology
The classical and positivist schools had an important impact on the emergence and development
of criminology. The basic differences between these schools of thought are listed in the following
table (Reid, 1997).
Classical Criminology
1. Legal definition of crime
2. Let the punishment fit the crime
3. Doctrine of free will
4. Death penalty for some offenses
5. Anecdotal method - no empirical research method
6. Definite sentence
LACASSAGNE SCHOOL
Positivist Criminology
1.Rejection of legal definition
2. Let the punishment fit the crime
3. Doctrine of determinism
4. Abolition of the death penalty
5. Empirical research, inductive method
6. Indeterminate sentence

Lombroso's Italian school was rivaled, in France, by Alexandre Lacassagne and his school of
thought, based in Lyon and influential from 1885 to 1914. The Lacassagne School rejected
Lombroso's theory of "criminal type" and of "born criminals" and stressed the importance of
social factors. However, contrary to criminological tendencies influenced by Durkheim's social
determinism, it did not reject biological factors. Indeed, Lacassagne created an original synthesis
of both tendencies, influenced by positivism, phrenology and hygienism, which alleged a direct
influence of the social environment on the brain.
Furthermore, Lacassagne criticized the lack of efficiency of prison, insisted on social
responsibilities toward crime and on political voluntarism as a solution to crime, and thus
advocated harsh penalties for those criminals thought to be unredeemable ("recidivist"), for
example by supporting the 1895 law on penal colonies or opposing the abolition of the death
penalty in 1906.
Hans Eysenck (1977), a British psychologist, claimed that psychological factors such as
extraversion and neuroticism made a person more likely to commit criminal acts. He also
included a psychoticism dimension that includes traits similar to the psychopathic profile,
developed by Hervey Cleckley, and later Robert Hare. Eysenck also based his model on early
parental socialization of the child. His approach bridges the gap between biological explanations
and environmental or social learning-based approaches (See e.g. social psychologists B.F.
Skinner [1938], Albert Bandura [1973], and the topic "nature vs. nurture.").

CHICAGO SCHOOL
The Chicago School arose in the early twentieth century, through the work of Robert Park,
Ernest Burgess, and other urban sociologists at the University of Chicago. In the 1920's, Park and
Burgess identified five concentric zones that often exist as cities grow, including the "zone in
transition" which was identified as most volatile and subject to disorder. In the 1940s, Henry
McKay and Clifford Shaw focused on juvenile delinquents, finding that they were concentrated
in the zone of transition.
Chicago School sociologists adopted a social ecology approach to studying cities, and postulated
that urban neighborhoods with high levels of poverty often experience breakdown in the social
structure and institutions such as family and schools. This results in social disorganization, which
reduces the ability of these institutions to control behavior and creates an environment ripe for
deviant behavior.
Other researchers suggested an added social- psychological link. For one, Edwin Sutherland
suggested that people learn criminal behavior from older, more experienced criminals that they
may associate with.

CHAPTER 3

CRIMINAL ETIOLOGY
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.
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 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 follows: as

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, prostitutes, and 30 who were prosecuted for bastardy.
2. 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 feeble-minded and 46 normal. Thirty-six were illegitimate, 3 epileptics, 3 criminals, 8
kept brothels, and 82 died in infancy. were traced which included 143 The Kallikak Family
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 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.
Identical twins
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.
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
Kretschmer and developed by William Sheldon. was originated by Ernst

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.
1.ectomorph-
 tall, thin, bony,droopy shoulder
 cerebrotonic
2. Endomorph-
 round, fat, short, tapering limbs, and small bones
 viscerotomic
3. Mesomorph
 muscular with athletic built
 somotomic
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 competitiveness occupationally and socially, and they become frequently irritated by
people. This makes them resort to violent criminal behavior. lack

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.

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:
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 psychoanalyst
who administered an institution for was juvenile delinquents. He observed that many of the a
incarcerated youths had underdeveloped superegos, and he attributed their criminality to
unregulated id (Glick, 1995).
Personality and Crimes
Some psychological studies have examined the relation between personality and criminality. In
the investigation of the differences of personality between criminals and non-criminals carried
out in prisons, it showed that inmates are typically more impulsive, hostile, self-centered, and
immature than non-criminals. In another study, psychiatrist-psychologists concluded that
criminals share abnormal thinking patterns that lead to decisions to commit crimes. They argued
that criminals are "angry" people who feel a sense of superiority, expect not to be held
accountable for their acts, and have a highly inflated self-image. Any perceived attack on their
glorified self-image elicits a strong reaction, often a violent one..
In general, studies criminals' personality on characteristics have revealed some relationships.
However, most data did not reveal any significant differences between criminal and noncriminal
psychology. Personality testing has not differentiated criminals from non-criminals.

Mental Disturbances and Crimes

Criminal behavior is also linked to some mental disturbances. These disturbances or disorders
come in many forms as follows:
1. Mental Deficiency - This is a condition of arrested or incomplete development of the mind
existing before the age of eighteen, whether arising from inherent causes or induced by disease
or injury. Mentally deficient persons are prone to commit malicious damage to property and
unnatural sex offenses. They may commit violent crimes but definitely not crimes involving the
use of mentality.
Classes of Mental Deficiency:
a. Idiots persons with a mental defect to a degree that they are unable to guard themselves against
common physical dangers. Their mentality is comparable to that of a two- year old child.
b. Imbeciles - persons with a mental defect, which though not amounting to idiocy, is yet so
pronounced that they are incapable of managing themselves or their affairs.
c. Feeble-minded - persons with a mental defect, which though not amounting to imbecility, is
yet so pronounced that they require care, supervision and control for their own or for protection
of others, or in the case of children, they appear to be permanently incapable of receiving proper
benefit from instruction in ordinary schools.
d. Morally defective - persons with strong vicious or criminal propensities. They require care and
supervision and control for their own or for the protection of others.
2. Psychosis - This is a common category of mental disorder among youthful offenders and
habitual criminals. Psychosis can be functional or organic. It is characterized by infantile level of
response, lack of conscience, lack of affection to aggression to environment and other people.
Psychotic people lose contact with reality and have difficulty distinguishing reality from fantasy.
Most of the time they have severe breakdowns in their ability to communicate and they become
isolated from others.
The most common types of psychoses are the following:
a. Schizophrenia - This is manifested by delusions or hallucinations or a clear-cut thought
disorder. This is also known as dementia praecox. Sometimes schizophrenics are not logical in
their thoughts, as shown by their language. Their personal appearance is dilapidated, and they are
liable to impulsive acts and may commit suicide.
b. Paranoia It is a psychotic delusion characterized by incorrect or unreasonable ideas which can
be seen as truth by people suffering from this disorder. Paranoia is a Greek term which means "a
mind beside itself." Paranoid people are suspicious and have that feeling of being persecuted by
others, referred to as psychotic delusion. In the paranoid's mind the delusion system is firm and
is accompanied by clear and orderly thinking because he or she can give rational, distinct and
clear reasons for his or her thoughts.
3.Neurosis - This is another common type of mental disorder linked to criminal behavior.
Neurotic
behaviors are those that do not grossly violate social norms or represent severely personalities.
Most neurotics are aware of their problems and may not seek professional help. They do not
require hospitalization but are guilty, unhappy, anxious people.
The most commen neuroses with their respective symptoms are the following:
a. Neurasthenia - This is a condition of weakened nerves that manifests in fatigue and
nervousness and sometimes in physical symptoms such as pain.
b. Anxiety - It is also known as "anxiety state" or "anxiety reaction," with the person feeling
anxious, fearful or apprehensive. The person may also be irritable and restless and has chronic
tension, poor concentration and overreaction to noise.
c. Obsessive-compulsive neurosis - This is the uncontrollable or irresistible impulse to do
something. There may be an active desire to resist this irrational behavior, but the person is
prevented by his unconscious motives to act out his difficulty or to suffer miserably in his fear.
This neurosis may be any of the following forms:

1) Kleptomania- the compulsive desire to steal

2) Dipsomania - the compulsive desire to drink alcohol
3) Pyromania the compulsive desire to set fire
4) Homicidal compulsion - the irresistible urge to kill somebody
d. Hysteria - This refers to an unhealthy or senseless emotional outburst coupled with violent
emotional outbreaks,
e. Phobia - It is generally called exaggerated fears of things that normal people fear to some
degree, and fears of things that ordinary people do not fear.
f. Depression People who suffer from depressive neurosis generally have feelings of pain, hurt,
unpleasantness, sadness, rejection, self-pity, helplessness, despair, boredom, pessimism, and
rejection. When these feelings become pervasive and affect all aspects of a person's life,
depression is said to occur.
4. Epilepsy - This is a condition characterized by and compulsive seizures and a tendency to
mental deterioration. The disease reduced emotional control, irresistibility, impulsiveness, is
characterized by stubbornness inconsistency feeling, irritability manifested either by sudden
outburst of anger and vicious conduct. Just before the convulsion, the epileptic may have mental
confusion, hallucination or delusion, and may commit violent crimes without provocation. After
the attack, he may be at the state of altered consciousness and may wonder from one place to
another and inflict bodily harm. In the course of mild attack, he may unconsciously perform
indecent acts, breach of the peace, and varying degree of crime of violence. in

Intelligence and Crimes

The classic studies of the 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 testing 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 concluding that an estimate of 10-point
gap exists on 10 scores between offenders and non-offenders, non-offenders one in scoring
higher. Moreover, most offenders fall in the low-normal or borderline range (60-100 points).

Criminologists Travis Hirschi and Hindelang also proposed the idea that low IQ increases the
likelihood of criminal behavior through its effect on school performance, that is, youths with low
IQs do poorly in school, and school failure and academic incompetence are highly related to
delinquency and later to adult criminality. These inferences were later supported by other
researchers who continued to prove that IQ and crime are related, though indirect.
On the contrary, very limited evidence is available which can support the said contentions.
Studies showed that forgery, bribery, security violation, and embezzlements are crimes
committed by offenders with higher IQ's than those of offenders in the general population;
assault, homicide, rape, and sex offenses are committed by offenders with lower IQ's than those
of offenders in the general population; and that high-frequency property offenders, such as
burglars, thieves, robbers, drug and alcohol offenders, have IQ's that correspond to general
population of offenders.
Charles Goring (1870-1919) studied the mental characteristics of 3,000 English convicts. He
found little difference in the physical characteristics of criminals and non-criminals, but he
uncovered a significant relationship between crime and a condition he referred to as defective
intelligence, which involves such traits as feeblemindedness, epilepsy, insanity and defective
social instinct. Goring believed that criminal characteristics were inherited and recommended
that people with such characteristics should not be allowed to reproduce.
Cognitive Theory
belief that people organize their thoughts into rules and This psychological theory of behavior is
based on the laws, and that the way in which those thoughts are organized results in either
criminal or noncriminal behavior. This organization of thoughts is called moral reasoning, and
when applied to law, legal reason.
There are several sub-disciplines of cognitive theory. Perhaps the most important for crime
studies is the Moral Development Theory pioneered by Lawrence Kohlberg Kohlberg contended
that moral reasoning develops in three stages. He called the first stage, pre-conventional; the
second stage, conventional; and the third, post-conventional He and his associates conducted
studies in which criminals were found to be significantly lower in their moral judgment
development than non-criminals of the same social background.
Since Kohlberg's pioneering efforts, other researchers have continued to show that criminal
offenders are more likely to be classified in lowest levels of moral reasoning (Stages 1 and 2),
whereas non-criminals have reached a higher stage of moral development (Stage 3). Recent
research indicates that the decision not to commit crimes may be influenced by one's stage of
moral development. People at the lowest levels report that they are deterred from crime because
of their fear of sanctions. Those in the middle consider the reactions of family and friends. Those
at the highest stage refrain from crime because they believe in duty to others and universal rights.

Behavioral Theory
The most popular work on behavioral approaches is that of B.F. Skinner. Behavioral theory is
based on the belief that all behavior is learned and can be unlearned. Its major premise is that
people alter their behavior according to the reactions it receives from others. Behavior is
supported by rewards and extinguished by negative reactions or punishments.
It is assumed that neurotic symptoms and some deviant behavior are acquired through an
unfortunate quirk of learning and that they are rewarding to the person. The undesirable behavior
can be eliminated, modified, replaced by taking away the reward value or by rewarding a more
appropriate behavior that is incompatible with the deviant one.
SOCIOLOGICAL EXPLANATIONS C 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 Behavior is learned through interaction with others. by-product of
interaction.

 Learning occurs within intimate groups. People's contacts with their most intimate social
companion- 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 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. conditioning, also called differential Direct
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."
The more a person features those characteristics, the less are the chances that he or she becomes
deviant (or criminal). On the other hand, if those factors are not present in a person, it is more
likely that he or she might become criminal. Hirschi expanded on this theory, with the idea that a
person with low self control is more likely to become criminal. A simple example is when
someone wants to have a big yacht but does not have the means to buy one. If the person cannot
exert self-control, he or she might try to get the yacht (or the means for it) in an illegal way;
whereas someone with high self-control will (more likely) either wait or deny himself or herself.
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 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. Radical criminologists argue that capitalism is an economic system that requires people to
compete against each other in the individualistic pursuit of material wealth. The destructive
effects of capitalism, such as crime, are not caused by income or property inequality or by
poverty. Rather, crime is caused by class struggle the competition among wealthy people and
among poor people, between rich and poor people, and the practice of taking advantage of other
people.
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. Throughout their lives,
people are given a variety of symbolic labels and ways to interact with others. Negative labels
include "troublemaker," "mentally ill," and "stupid." These labels reduce the self-image of the
individual. The less personal power and fewer resources a person has, the greater the chance he
or she will become labeled.

 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. Labeling serves as a process of segregation that creates "outsiders" or
outcasts have been cast out. The more people begin to think of these from society, who begin to
associate with others who also people as deviants and respond to them as such, the more these
deviants react to the response by continuing to engage in the behavior society now expects of
them. This theory serves as a process where the self-image of a labeled deviant is attached to him
permanently.
 . Social Structure Theories
These Many criminologists view Introduction to Criminology & Psychology of Crimes the
disadvantaged economic class position as a primary cause of crime. This view is referred to as
social structure theories.
theories suggest that social and economic forces operating in deteriorated lower-class areas push
many of their residents into criminal behavior patterns. They consider the existence of
unsupervised teenage gangs, high crime rates, and social disorder in slum areas as major social
problems.
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. A disorganized
area is one in which institutions of social control, such as the family, commercial establishments
and schools, have broken down and can no longer carry out their expected functions. Indicators
of social disorganization include high unemployment, school dropout rates, deteriorated housing,
low income levels, and large numbers of single-parent households. Residents in these areas
experience conflict and despair, and as a result, antisocial behavior flourishes.
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. People desire wealth, material possessions, power, prestige, and other life comforts.
Members of the lower class are unable to achieve these symbols of success through conventional
means. Consequently, they feel anger, frustration and resentment, which is referred to as strain.
Lower-class citizens can either accept their condition, or they can choose an alternative means of
achieving success such as theft, violence, or drug trafficking.
The roots of strain theories can be traced to Emile Durkheim's notion of anomie. Sociologist
Robert Merton used a modified version of the concept of anomie to fit social, economic, and
cultural conditions found in modern U.S. society. He suggested that mainstream culture is
saturated with dreams of opportunity, freedom and prosperity; as Merton put it, the American
Dream. Most people buy into this dream, and it becomes a powerful cultural and psychological
motivation. If the social structure of opportunities is unequal and prevents the majority from
realizing the dream, some of them will turn to illegitimate means (crime) in order to realize it.
Others will retreat or drop out into deviant subcultures (gang members, "hobos": urban homeless
drunks and drug abusers).
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 activity among all elements of society rather than offered a restricting his views
to lower-class crime. He more general explanation of criminal suggested that criminality is the
direct result of adverse emotions that emerge in the wake of negative affective states negative
and destructive social relationships.
These negative affective states are produced by a variety of sources of strain:
Failure to achieve goals
Disjunction of achievements expectations and
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. These independent sub-cultures maintain a unique set of values and beliefs that
are in conflict with conventional social norms. Middle- class culture stresses hard work, delayed
gratification, formal education, and being cautious; the lower-class subculture stresses
excitement, toughness, risk-taking, fearlessness, immediate gratification, and "street smarts." The
lower-class subculture is an attractive alternative because the urban poor find that it is impossible
to meet the behavioral demands of middle-class society.
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 class youths
experience status frustration. As legitimately, lower- result, they join in gangs and non-utilitarian,
malicious and negativistic behavior. engage 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 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. Climatic conditions directly affect one's irritability and cause
criminality.

CHAPTER 4

CRIME CONCEPT
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).
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 ог
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 retroactive, or ex post facto law: must not be (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 - specifically, intentional or criminally negligent
(reckless) action or inaction that causes
You sent
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, committing a
crime. Are
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 that the act was wrong. (2) did not know
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 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 defense. cannot employ the necessity
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, unenforceable
and is therefore not a criminal law (Bohm & Haley). As the legal maxim goes, "nullum a law is
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:
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 regionalistic. nationalistic, while immorality is
Why Must Members of Society Be Interested in Crimes?
1. Crime is pervasive.
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
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
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 municipal ordinances. ог 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 characterized by the use are generally 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, 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.
3. 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 Although the police treat them as minor offenses, among behaviors that
fall under this category. 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
C. As to the manner crimes are committed
1. By means of dolo or deceit - when the act was done with felony). deliberate intent (intentional
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 commences - when the offender 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 Examples: homicide, robbery, rape
offense.
2. Complex crimes 1 when a single act constitutes two or more grave felonies or when an offense
is a necessary means for committing the Example: robbery with homicide. other.
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 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 punishes with penalties which correctional in nature. those which the law
are
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 but not exceeding
6,000 pesos. 200 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)

B Theft (Article 309, pars. 7 & 😎

Alteration of boundaries or landmarks (Article 313)

Malicious mischief (Article 328, par. 3; Article 329, par. 3)
Intriguing against honor (Article 364)
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 minors,
white slave trade, abduction of
11. Crimes against the Civil Status of Persons Examples: bigamy and other illegal marriages
12. Crimes against Honor libel
Examples: (malicious writing), slander (oral defamation) accusation by
13. Quasi-offenses or Criminal Negligence Examples: imprudence and negligence
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 to
property, there is imprudence. damaging
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 acquires something as a criminal act. when the offender consequence of his
b. Extinctive crimes - when the criminal act is destructive. result of a
2. As to the time or period committed
a. Seasonal crimes - during a certain period of the year like during those committed only election
period, Christmas season, etc.
b. Situational crimes 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 several places. those committed in
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 breach Crimes acts environmental legislation and cause significant harm that
or risk to the environment and human health, e.g illegal emission or discharge of substances into
air
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 - organization to enable them to commit crimes They have high degree of
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 inducement,
reward, or promise without considering do it, by the consequences. For this, they are called
"ulukan."
12. Socialized criminals behavior but mere inadequate and defective in their They are normal 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 involve.
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
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.
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 cua before the prosecutor's
office or any other 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.
The Police Blotter shall serve as the main source of crime data for submission and shall be the
basis for preparing and accomplishing the Unit Periodic Report and NCRS Form. The Chief of
Police is primarily responsible for the maintenance of accurate crime data. He must ensure that
crime data are gathered from all sources, such as Barangay, NBI, PDEA, BFAR, DENR, DSWD,
BUCUS, B and other agencies with law enforcement functions in the locality. Accuracy and
integrity of crime recording processes must be ensured by the Chief of Investigation Section and
Crime Registrar