MODULE

IN
INTRODUCTION
TO
CRIMINOLOGY
 LESSON 1
UNDERSTANDING CRIMINOLOGY

LEARNING OUTCOMES:

At the end of this lesson, the students are expected to:

1. Define what is criminology and understand the common terminologies used in the study of
criminology
2. Understand the scopes, division, nature and object of interest of criminology.
3. Trace the history and development of criminology and be able to recognize the contributions of the
pioneers of criminology regarding the explanation of crime causation.

BRIEF HISTORY OF CRIMINOLOGY

- Study of criminology started in Europe

- In 19th century, Cesare Lombroso advocated the theory that crime can be attributed to heredity
predisposition. In addition, a criminal person by birth is a distinct type. It can be recognized through his
own personal stigmata or anomalies.

- In latter part of 19th century, criminology was accepted as a field of study by department of sociology in
the U.S.

- In 1915, environmental factors became popular as the causes of crime.

In Philippines

- PCCr became the pioneer school which offered BSCriminology. (1950)

- R.A. 6506- An Act Creating the board of Criminology in the Philippines. (1972)

- Republic Act 11131 (RA), otherwise known as The Philippine Criminology Profession Act 2018,
repeals RA 6506 that created the Board of Examiners for criminologists in the country.

ORIGIN OF THE WORD CRIMINOLOGY

- It originate from the word Crimen meaning crime/ accusation and logos/logia which means study.

- In 1885, Raffaele Garofalo, an Italian professor coined the term Criminology.

- In 1889, Paul Topinard, French Anthropologist, used the term criminology in French Criminologie for
the first time.

DEFINITION OF CRIMINOLOGY

- The study of crimes, criminals and criminal behavior.

- The body of knowledge regarding crime as social phenomena. It includes within its scope the process
of making laws, of breaking laws and of reacting towards the breaking of the laws. (Edwin Sutherland)

- A scientific and humanistic study of the social process of identifying crimes, criminals and compatible
solution. (Mannle and Herschel)

SCIENCES OR FIELDS IN THE STUDY CRIMES

 SOCIOLOGICAL CRIMINOLOGY- the study of crime focused on the group of people and society as a
whole. It is primarily based on the examination of the relationship of demographic and group variables
to crime. Variables such as socioeconomic status, interpersonal relationships, age, race, gender, and
cultural groups of people are probed in relation to environmental factors that are most conducive to
criminal actions, such as time, place, and circumstances surrounding the crime.
 PSYCHOLOGICAL CRIMINOLOGY- the science of behavior and mental processes of criminal. It is
focused on the individual criminal behavior-how it is acquired, evoked, maintained, and modified. Both
 the environmental and personality influences are considered, along with mental processes that
mediate the behavior.
 PSYCHIATRIC CRIMINOLOGY- the science that deals with the study of crime through forensic
psychiatry, the study of criminal behavior in terms of motives and drives that strongly relies on the
individual.

OTHER SUBFIELDS OR PERSPECTIVE IN CRIMINOLOGY

 CRITICAL CRIMINOLOGY- deals with the genesis of crime and the nature of social injustice and
inequalities. The study focus on law and punishment where crime is viewed as interconnected and part
of a system of social inequalities.
 APPLIED CRIMINOLOGY- uses a variety of disciplines to examine criminality and the criminal justice
system and in the enforcement of laws directed towards influencing social policies.
 EXPERIMENTAL CRIMINOLOGY- it relies on experimental methods of research. It focuses on
random selection of social issues directed to evidenced-based crime and justice policy.
 COMPARATIVE CRIMINOLOGY-deals with the study of crime problem by understanding the
differences and similarities of social cultures in order to understand crime patterns and trends.

IMPORTANT PERSONALITIES IN THE STUDY OF CRIMINOLOGY

 Dr. Cesare Lombroso – The world famous authority in the field of criminology who advocated the
Positivist Theory that crime is essentially a social phenomenon and it cannot be treated and checked
by the imposition of punishment; and that a criminal is just any person who is sick, that he should be
treated in the hospital for his possible rehabilitation and reformation. Father of Modern Criminology

 Dr. Charles Goring- An English Statistician, who studied the case histories of 3,000 convicts and found
that heredity is more influential as determiner of criminal behavior than environment.

 Alphonse Bertillon- One who originated a system of classifying criminals according to body
measurements. Because the Human Skeleton is unchangeable after the 20 th year and because no two
individuals are alike in all dimensions; this method of identification received prominence in 1880’s.

 Edwin H. Sutherland- An American authority in criminology, who in his “Principle of Criminology”

considers criminology at present as not a science, but he hopes of becoming a science. Dean of
Modern Criminology

 George L. Wilker- argued that criminology couldn’t possibly become a science. Accordingly, general
propositions of universal validity are the essence science; such prostitutions can be made only
regarding stable and homogenous units but varies one time to another; therefore, universal proposition
cannot be made regarding crime, and scientific studies of criminal behavior are impossible.

 Cesare Beccaria- Known for his book “An Essay of Crimes and Punishment” advocated and applied
doctrine of penology, that is to say-make punishment less arbitrary and severe; that all persons who
violated a specific law should receive identical punishment regardless of age, sanity, wealth, positions
or circumstance.

 W.A. Bonger- An emotional authority in criminology, who classified crimes by motives of the offenders
as economic crimes, sexual crimes, political crimes, and miscellaneous crimes with vengeance as the
principle motives.

 R. H. GODDARD- He advocated the theory that feeblemindedness causes crime for the reason that
feebleminded person is unable to appreciate the consequences of his behavior or appreciate the
meaning of the law.

 DAVID W. MAURER- an American authority in police administration who, in his book, “The Big Con”
once said, that dominant culture control the predatory cultures, without difficulty, and what is more, it
would exterminate them, for no criminal subculture can operate continuously and professionally
without the connivance of the law.
 PETER RENIZEL- a private person who in 1669, established a workhouse in Hamburge at his own
expense because he had observed that thieves and prostitutes were made worse instead of better by
pillory, and hoped that they might be improved by work and religious instruction in the work house.

 JOHN HOWARD- The great prison reformer who wrote, “The State of Prison in England” in 1777, after
a personal investigation of practically all prison in England.

 AGUSTE COMTE- A French sociologist firmly rooted the application of the modern methods of
physical science in the social science with his volume Coyurs de Philosophie Positive ( Course of
Positive Philosophy). He argued that these could be no real knowledge of social phenomena unless it
was based on a positivist (scientific) approach.

- According to Comte societies pass through stages

1. People from primitive societies believe that inanimate objects have life. Ex. Sun is God.

2. In later social stage, people embrace rational and scientific view of the world and this is what we called
positive stage.

 GIAMBATTISTA DELLA PORTA and JOHNN KASPER LAVATER they founded the school of Human
Physiognomy- the study of facial features and their relation to human behavior.

- Physiognomy- the study of facial features of criminals to determine whether the shape of the ears,
nose and eyes and distances between them were associated with anti social behavior.

 FRANZ JOSEPH GALL and JOHANN K. SPURHEIM both phrenologist.

- Phrenology- the study of shape of the skulls and bumps of the head to determine whether these
physical attributes were linked to criminal behavior.

 PHILIPE PINEL- One of the founders of French psychiatry, claimed that some people behave
abnormally even without being mentally ill, referred to as “Psychopathic Personality- a personality
disorder characterized by enduring antisocial behavior, diminished empathy and remorse, and
disinhibited or bold behavior”.

 HENRY MAUDSLEY- English statistician believed that insanity and criminal behavior were strongly
linked.

 CHARLES CALDWELL- an American physician who supported these views, he searched for evidence
that brain tissue and cells regulate human action.

 ADOLPHEN QUETELET- A Belgian mathematician did an elaborate analysis of crime in France,

Belgium and Holland. After analyzing the criminal statistics, which he called “moral statistics”, he
concluded that if we look at overall patterns of behavior of groups across a whole society, we find a
starting regularity of rates of various behaviors.

- Used data statistics in performing criminological research

- Founder of Cartographical School
- Investigate the influence of social factors on the propensity of crime.
- Found out that season, climate, population composition and poverty were related to the crime.
- Crime rates were greater in summer
- Crime rates are influence by drinking habits

 MICHAEL QUERRY used criminal statistics to demonstrate that crime rates varied social factors.

 GABRIEL TARDE- he formulated his theory in terms of laws of imitation- a principle that govern the
process by which the people became criminal.

-One of the earliest sociological theories of the criminal behavior Theory of Imitation- Suggestion,
delinquency and criminal matters are learned and adopted. The learning process may either be
conscious type of copying (imitation) or unconscious copying (suggestion) of confronting pattern of
behavior.
  ERNEST HOOTON conducted a study involving comparison of a large sample of prisoners and non
prisoners in the US, Hooton concluded that criminals are biologically inferior.

- Found out that tall thin men tend to commit forgery and fraud, undersized men are thieves and burglar,
short heavy person commits assault, rape and other sex crimes and average struggle other crimes.

 ELEANOR GLUECK stressed however that the built is not the direct cause of delinquency but rather a
person’s physical appearance may simply just affect his behavior. For example, the muscular boys
who look up to by friends may commit aggressive act to maintain their respect and admiration.

DIVISION OF CRIMINOLOGY

1. Criminal Etiology
- The scientific analysis of the causes of crime.
2. Sociology of Law
- The study of law, its nature and its application.
3. Penology or Correction
- The study that deals with punishment and the treatment of criminals.
4. Criminalistics or Forensic Science
- The study which deals with identification, examination, analysis and interpretation of
physical evidence.
NATURE OF CRIMINOLOGY

1. An Applied Science
- Anthropology, psychology, sociology and other natural sciences may be applied in
the study of the causes of crime while chemistry, medicine, physics, mathematics,
etc. maybe utilized in crime detection.
2. A Social Science
- In as much as crime is a societal creation and it exists in a society, its study must be
considered a part of social science.
3. Dynamic
- Criminology changes as social condition changes.
- It also means that the progress of criminology is concordant with the advancement
of other sciences that have been applied to it.
4. Nationalistic
- The study of crime must always be in relation with the existing criminal law with in
the territory.

OBJECTS OF INTEREST IN CRIMINOLOGY

The four major object of interest in criminology are crimes (criminal acts), criminals (perpetrators of
crime), criminal behavior and the study of victim.

1. CRIMES

CRIME may be defined as:

a. An act or omission in violation of a criminal law on its legal point.

b. An anti- social act, an act that is injurious, detrimental or harmful to the norms of the society. They
are the unacceptable acts in its social definition.

c. Psychologically, it is an act, which is considered undesirable due to behavioral maladjustment of the

offender, acts that are caused by maladaptive or abnormal behavior.

CRIME is also a generic name that refers to:

a. Offense- is an act or omission that is punishable by special laws such as Republic Acts, Presidential
Decrees, Executive Orders, Memorandum Circulars and Rules and Regulations.
 b. Felony- is an act or omission that is punishable by the Revised Penal Code, the criminal law in the
Philippines.

c. Delinquency/Misdemeanor- acts that are in violation of simple rules and regulations usually referring
to acts committed by the minor offenders.

d. Infraction of Law- acts that are in violation of ordinances (e.g. city ordinances, municipal ordinances)

CRIMINOLOGICAL CLASSIFICATIONS OF CRIME

A. Acquisitive and Extinctive Crimes

Acquisitive crime is one which when committed the offender acquires something as a
consequence of his criminal act while Extinctive crime is one which when the result of criminal act is
destruction.

B. Seasonal and Situational Crimes

Seasonal crimes are those that are committed only at certain period of the year while
Situational crimes are those that are committed only when a given situation conducive to its
commission.

C. Episodic and Instant Crimes

Episodic crimes are serial crime, they are committed by series of act within a lengthy space of
time while Instant crimes are those that are committed the shortest possible of time.

D. Static and Continuing Crimes

Static crimes are crimes that are committed only in one place while continuing crime are
crimes that are committed in several place.

E. Rational and Irrational Crimes

Rational crimes are those committed with intent; offender is in full possession of his mental
faculties/capabilities while irrational crimes are committed without intent; the offender does not know
the nature of his act.

F. White Collar and Blue Collar Crimes

White Collar crimes are those committed by a person of responsibility and of upper socio-
economic class in the course of their occupational activities while Blue Collar crimes are those
committed by ordinary professionals to maintain their livelihood.

G. Upper World and Underworld Crimes

Upper World crimes are those committed by individuals belonging to the upper class of the
society while Underworld crimes are committed by members of the lower or under privilege class of
society.

H. Crimes by Imitation and Crimes by Passion

Crimes by Imitation are crimes committed by merely duplication of what was done by others
while Crimes by Passion are crimes committed because of the fit of great emotions.

I. Service Crimes
Service crimes refer to the crimes committed through rendition of a service to satisfy desire of
another.

LEGAL CLASSIFICATION OF CRIMES

A. Crimes against National Security and the Law of Nations.

Example – Treason, Espionage and Piracy
B. Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention and Violation of Domicile
 C. Crimes against Public Order.
Example – Rebellion, Sedition and Coup de ’tat
D. Crimes against Public Interest.
Example – Forgery, Falsification and Fraud
E. Crimes against Public Morals.
Example – Gambling and betting, offenses against decency and good customs like scandals,
obscenity and prostitution
F. Crimes Committed by Public Officers.
Example – Malfeasance and Misfeasance
G. Crimes against Person.
Example – Murder, Rape and Physical Injuries
H. Crimes against Properties.
Example – Robbery and Theft
I. Crimes against Personal Liberty and Security.
Example – Illegal Detention, Kidnapping, Trespass to Dwelling, Threat and Coercion
J. Crimes against Chastity.
Example – Concubinage, Adultery, Seduction, Abduction and Acts of Lasciviousness
K. Crimes against Civil Status of Persons.
Example – Bigamy and other Illegal Marriages
L. Crimes against Honor.
Example – Libel and Oral Defamation
M. Quasi-offenses or Criminal Negligence
Example – Imprudence and Negligence

CRIMINAL
1. A person who has committed a crime and has been convicted by a court of the violation of a
criminal law. (Legal Definition)
2. A person who violated a social norm or one who did an anti-social act. (Social Definition)
3. A person who violated rules of conduct due to behavioral maladjustment. (Psychological
Definition)

CRIMINOLOGICAL CLASSIFICATIONS OF CRIMINAL

A. Based on Etiology

1. Acute Criminal
- Is one who violates a criminal law because of the impulse or fit of passion
- They commit passionate crimes
2. Chronic Criminal
- Is one who commits crimes acted in consonance of deliberated thinking. They plan the crime
ahead of time.
- They are the targeted offenders.

B. Based on Behavioral System

1. Ordinary Criminal
- Is considered the lowest form of criminal in a criminal career
- Does not stick to crime as a profession but rather pushed to commit crimes due to great
opportunity
2. Organized Criminal
- Is one associates himself with another criminals to earn a high degree of organization to
enable them to commit crimes easily without being detected by authorities
3. Professional Criminal
- Is a person who is engaged in criminal activities with high degree

C. Based on Activities
 1. Professional Criminals
- Are those who practice crime as a profession for a living
- Criminal activity is constant in order to earn skill and develop ability in their commission
2. Accidental Criminals
- Are those who commit crimes when the situation is conducive to its commission
3. Habitual Criminals
- Are those who continue to commit crime because of deficiency of intelligence and lack of self-
control

D. Based on Mental Attitudes

1. Active Criminals
- Are those who commit crimes due to aggressiveness
2. Passive Inadequate Criminals
- Are those who commit crimes because they are pushed to it by reward or promise
3. Social Delinquents
- Are criminals who are normal in behavior but defective in their socialization process or
development

E. Based on Legal Classification

1. Habitual Delinquent
- Is a person who, within a period of ten years from the date of his release or last conviction of
the crimes of serious or less serious physical injuries, robbery, Staffa or falsification is found
guilty of any of the said crimes or a third time offender
2. 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 on the same title of the Revised Penal Code

CRIMINAL BEHAVIOR

- Is an intentional behavior that violates a criminal code

- It also refer to the study of the human conduct focused on mental processes of the criminal

THE VICTIMS
Victimology
- Is simply the study of victims of crimes and contributory role, if any, in crime causation
- It is also the scientific process of gaining substantial amounts of knowledge on offender
characteristics by studying the nature of victims
 LESSON 2

APPROACHES AND THEORIES OF CRIME

LEARNING OUTCOMES:

At the end of this lesson, the students are expected to:

1. Comprehend the various theories of crime causation and be able to explain the reason in the occurrence of
crime in the community through it.

2. Appreciate the approaches in studying criminology

3. Recognize the contribution of the broad school of thoughts in the formulation of the criminal justice system

4. Value the importance of having a theory in explaining criminality.

APPROACHES IN THE EXPLANATION OF CRIME

1. SUBJECTIVE APPROACH- deals with the biological(genetic) explanation of crimes, focused on the
forms of abnormalities that exist in an individual before and after the commission of crime.

a. Anthropological – deals with the study of physical characteristics of an individual offender with non-
offenders in an attempt to discover difference covering criminal behavior.

b. Medical approach- Application of medical examination for the explanation of mental and physical
condition of the individual prior and after the commission of the crime.

c. Biological Approach- according to Taft, heredity is one of the major factor why a person commits
crime.

d. Physiological- Maslow explained that the deprivation of the primary needs is a strong factor in the
commission of crime.

e. Psychological- Concerned in the deprivation of psychological needs of man which constitute the
development of deviations of normal behavior resulting to repulsive sentiment and action.

f. Psychiatric- this approach explains that mental disease is the reason why a person violates norms
and laws of the land.

g. Psychoanalytical- according to Freud, the imbalance condition of id, ego and superego causes
deviation of the individual to the norms of the society.

2. OBJECTIVE APPROACH- deals with the study of groups, social processes and institutions as
influenced to behavior.
 a. Geographical Approach- considers topography, natural resources, geographical location and climate
lead an individual to commit crime.

Quetelet, “Thermic Law of Delinquency” stated that crimes against person prevail in the South
Pole and during warm season while crimes against property predominate in the North Pole and cold
countries.

b. Ecological Approach- according to Park, this is concerned with the biotic grouping of men resulting
to migration, competition, social discrimination, division of labor and social conflicts as factor to crime.

c. Economic Approach- Merton believed that poverty or economic difficulty pushes a person to commit
crime in order to support his needs.

d. Socio-Cultural- Cohen affirms that institutions, education, politics and religion are major factors in
the commission of crimes.

3. CONTEMPORARY APPROACH- it is the combination of different approaches to explain the reasons

or causes for the commission of crimes which focuses on the psychoanalytical, psychiatric and
sociological theories.

THEORIES OF CRIME CAUSATION

Theory is any system of ideas arranged in rational order that produce general principles which
increase our understanding and explanations. It is the foundation of criminology and of criminal justice, and we
study theory to know why we are doing what we do (Bohm, 1985)

* EARLY BEGINNINGS

DEMONOLOGICAL THEORY- it asserts that a person commits wrongful acts due to the fact that he
was possessed by demons.

* PRE 20TH CENTURY (1738-1798)

Criminology has been divided into three broad schools:

1. Classical
2. Neo-Classical
3. Positivist

* CLASSICAL SCHOOL OF THOUGHT

- The advocates are CESARE BECCARIA ( Cesare Bonesa Marchese de Beccaria) who is known as
the Founder of Classical School of Thought and JEREMY BENTHAM.

- Beccaria in his book “ An Essay of Crime and Punishment” presented key ideas on the abolition of
torture as legitimate means of extracting confession.
- Beccaria believed that:

a. people want to achieved pleasure and avoid pain

b. crime provide some pleasure to the criminal
c. to deter crime, one must administer pain in an appropriate amount to counterbalance the
pleasure obtain from crime.
d. Punishment should fit the crime.

* CHARACTERISTICS OF CLASSICAL SCHOOL

1. The basis of criminal liability is human free will and the purpose of penalty is retribution.
2. Man is essentially a moral creature with an absolute free will to choose between right and wrong.
3. That every man is responsible for his act.
4. That law, or the judge, should determine the punishment to be attached to a criminal act and should
provide a scale of punishment to all persons committing the same crime, irrespective of age, sex,
color, creed or circumstances.
* JEREMY BENTHAM proposed the UTILITARIAN HEDONISM which explains that person always acts
in such a way to seek pleasure and avoid pain.

* NEO-CLASSICAL SCHOOL OF THOUGHT

- This school argued that there are situations or circumstances that make it impossible to exercise
freewill and this is a reason to exempt the offender from conviction.

- The Classicist believed in the absolute free will of men to choose between pleasure and pain. The
person is always totally responsible for the consequences of his acts. On the other hand, the Neo-
Classicists argued that it is not always, since the free will of a person is not absolute.

* POSITIVIST SCHOOL/ITALIAN SCHOOL

- This school of thought emphasizes scientific treatment of criminals, not on penalties to be imposed
because it is believed that man is subdued occasionally by a strange and morbid phenomenon which
constrains him to do wrong in spite of or contrary to his own volition.

- Maintains that crime as any act is a natural phenomenon and is comparable to disaster or calamity.
That crime as a social and moral phenomenon which cannot be treated and checked by the imposition
of punishment rather rehabilitation or the enforcement of individual measures.

- HOLY THREE OF MODERN CRIMINOLOGY (Proponents of Positivist School) : Dr. Cesare

Lombroso- Father of Modern Criminology; Enrico Ferri- Best Parliamentarian and Raffaele Garofalo
* Dr. Cesare Lombroso, the Father of Modern Criminology wrote “ Crime: Its Causes and Remedies”
which contains the classification of criminals, as follows:
1. Born Criminal- based on the belief that criminal behavior is inherited.
2. Criminal by Passion- a person who commits crime due to extreme emotion, impulse of the moment, fit
of passion, great anger or jealousy.
3. Criminaloid- an individual who commits crime because of weak self control or less physical stigmata.
4. Insane Criminal- a person who commits crime by reason of his psychological disorder or mental
abnormalities.
5. Occasional Criminal- one who commits crime due to insignificant reasons that pushed them to do at a
given situation.
6. Pseudo Criminal- an individual who kills a person in self-defense.

COMPARISON BETWEEN CLASSICAL AND POSITIVIST SCHOOL

CLASSICAL
Legal definition of Crime
Punishment fit the crime
Doctrine of Freewill
Death Penalty allowed
No empirical research
Definite sentence
ENRICO FERRI
POSITIVIST
No to legal definition of crime
Punishment fit the criminal
Doctrine of determinism
Abolition of Death penalty
Inductive method
Indeterminate sentence

- An Italian, born 1856, author of “ THE THEORY OF IMPUTABLE AND THE DENIAL OF FREE WILL”
published in 1878.

- He agreed with Lombroso on the biological basis of Criminal behavior but his interest in socialism led
him to recognize the importance of social, economic and political determinants.

- His greatest contribution was his attack on the classical doctrine of free will, he believed that
criminals could not be held morally responsible because they did not choose to commit crimes, but
rather were driven to commit crimes by conditions in their lives.

* RAFFAELE GAROFALO

-He treated the roots of the criminal behavior not to physical features but to their psychological
equivalence, which he referred to as moral anomalies.
-He classify criminals as Murderers, Violent Criminals, Deficient Criminals and Lascivious Criminals.

* DAVID EMILE DURKHEIM

- One of the Founding Father of Sociology

 - He proposed “ANOMIE THEORY” which explains that the nonexistence of norms in a society
encourages a person to commit crimes.

PSYCHOANALYTICAL THEORY
- -It was developed by Sigmund Freud (Father of Psychoanalysis)
- -Criminality is manifestation of psychological conflict and a criminal behavior is a form of neurosis.
- -Crimes happened due to poor moral development, inadequate childhood socialization, defective
conscience or emotional maturity.
- -Freud suggested three elements of personality, Id, Ego, Superego which if not developed properly
may result to commission of crimes.

HUMAN ECOLOGY THEORY

-Human Ecology is the study of the interrelationship of people and environment.
-This explains the relationship of people and environment in relation to crime. It is believed that isolation,
segregation, competition, conflict, social contract, interaction and social hierarchy of people are the major
influences of the criminal behavior and crimes.
* -According to Robert Ezra Park, the changes in the environment where the people live will cause
changes in the society.

SOMATOTYPING THEORY
Ernest Kretschmer, a German Psychiatrist originated the idea of somatotyping
3 Major Types of Physique
1. Asthenic- skinny and slender with lean, slightly built and narrow shoulders. Prone to commit fraud and
theft.
2. Athletic- tall, strong and muscular who are usually evolved in crimes against person because they are
generally violent.
3. Pyknic- broad face, massive neck, medium height, and with rounded bodies. Generally commit crimes
related to trickery, swindling and violence.

SOMATOTYPING THEORY
- William Sheldon believed that heredity is the principal determinant of behavior and the physique is a
dependable and unswerving indicator of personality.
- Sheldon combines the biological and psychological explanation to understand deviant behavior which
classified body physique.
Sheldon’s Classification of Body Physique
1. Endomorphy- relaxed and comfortable person with predominance of soft and roundedness throughout
the different regions of the body with short tapering limbs, small bones and loves luxurious things and
conditions in life. Essentially extroverts.
2. Mesomorphy- commonly called as the athletic type of person who behave, act and talk aggressively,
characterized by predominance of muscles, large wrists and hands. Tend to commit crime of violence.
3. Ectomorphy- introvert person who is poorly muscled and characterized by the thin physique, flat chest,
fragile and delicate bones.

DIFFERENTIAL ASSOCIATION THEORY

-simply believes that criminal behavior is learned not inherited.
-developed by Edwin Sutherland, the Dean of Modern Criminology.
- He state that “ While criminal behavior is an expression of the general needs and value, it is not explained
by those general needs and values, since non-criminal behavior is an expression of the same needs and
values.

CONTAINMENT THEORY
This theory is a form of control which suggests that a series of both internal and external factors contributes
to criminal behavior.
According to Walter Reckless, external forces are composed of outer structures like blocked opportunities,
poverty and unemployment while the internal structures are the individual self control ensured by strong
 ego, good self image, well developed conscience, high frustration tolerance and high sense of
responsibility.

SOCIAL CLASS CONFLICT and CAPITALISM THEORY

-Karl Marx, Frederick Engel and Willem Bonger are the main proponent of this theory. It argues that upper
class in a capitalist society is responsible for the conception of penal law and the ideological biases in the
interpretation and enforcement of laws. Thus, criminality is very much reflected on the exploited and
abused members of the underprivileged population which are usually unemployed or underemployed.

STRAIN THEORY
Robert King Merton is the leading sociologist of the late 20th century who also related criminality to lack or
absence of norms. He asserted that a man who failed to achieve higher status/goals in life caused him to
commit crimes in order for that status/goals to be attained.

SUB-CULTURE THEORY
According to Albert Cohen, the lower class cannot socialize effectively to the middle class and higher
classes because the latter would not accept the behavior of the former. Thus, the members of the lower
class gather together to share their common concerns which subsequently form a subculture that rebuts
the middle class values.

NEUTRALIZATION THEORY
Gresham Sykes believes that a person will follow or break law depending upon whether he will be
benefited or not. Such that if the societal rules are favorable to him, the latter are very much willing to
obey it, otherwise, he will transgress.

DIFFERENTIAL OPPORTUNITY THEORY

According to Lloyd Ohlin, there are different opportunities for the lower and upper classes of the society.
The lower is usually deprived of the abundant resources that the upper is enjoying. This causes the
underprivileged to get involved to illegitimate activities in order to achieve their ambitions and to become
equal to the standing of the upper class people in the society.

LABELING THEORY (Social Reaction Theory)

The founder of this theory are Frank Tennenbaum, Edwin Lemert and Howard Becker.
LABELING THEORY (Social Reaction Theory)
This is concerned with how the self-identity and behavior of an individual is influenced (or created) by how
that individual is categorized and described by others in their society. It focuses on the linguistic tendency
of majorities negatively label minorities or those seen as deviant from norms, and is associated with the
concept of a self fulfilling prophecy and stereotyping.

INSTRUMENTALIST THEORY
Earl Richard Quinney claimed that the upper classes are using the existence of the state to exploit the
lower classes by making laws for their own benefits, protection and interest.

DIFFERENTIAL IDENTIFICATION THEORY

Daniel Glasser maintained that a person pursues criminal behavior to the extent that he identifies himself
with real or imaginary persons from whose perspective his criminal behavior seems acceptable.
A person with susceptibility of becoming a thief will consider thieves as his ideal person to identify himself.
The identification need not be an intimate personal association but it may be done by identifying himself
with a character in a movies, radio and televisions.

CONFLICT OF CULTURE THEORY

Thorsten Sellin emphasized that the multiplicity of incompatible culture is the main source of social
disorganization.

THEORY OF EVOLUTION
 According to Charles Darwin, humans like other animals are parasite. Man has animalistic behavior, man
kills and steals to live.

CHICAGO SCHOOL
The founders are Robert Ezra, Ernest W. Burgess, and Louis Wirth- Professors of Sociology Department at
University of Chicago.
They found that children who grow in old home wracked by conflict, attend inadequately in schools or
associated with deviant peers and become exposed to pro crime forces.

GABRIEL TARDE- he formulated his theory in terms of laws of imitation- a principle that govern the process by
which the people became criminal.
-One of the earliest sociological theories of the criminal behavior Theory of Imitation- Suggestion, delinquency
and criminal matters are learned and adopted. The learning process may either be conscious type of copying
(imitation) or unconscious copying (suggestion) of confronting pattern of behavior.

GIAMBATTISTA DELLA PORTA and JOHNN KASPER LAVATER they founded the school of Human
Physiognomy- the study of facial features and their relation to human behavior.
Physiognomy- the study of facial features of criminals to determine whether the shape of the ears, nose and
eyes and distances between them were associated with anti social behavior.

FRANZ JOSEPH GALL and JOHANN K. SPURHEIM both phrenologist.

Phrenology- the study of shape of the skulls and bumps of the head to determine whether these physical
attributes were linked to criminal behavior.

PHILIPE PINEL- One of the founders of French psychiatry, claimed that some people behave abnormally even
without being mentally ill, referred to as “Psychopathic Personality- a personality disorder characterized by
enduring antisocial behavior, diminished empathy and remorse, and disinhibited or bold behavior”.

ERNEST HOOTON conducted a study involving comparison of a large sample of prisoners and non prisoners
in the US, Hooton concluded that criminals are biologically inferior.
Found out that tall thin men tend to commit forgery and fraud, undersized men are thieves and burglar, short
heavy person commits assault, rape and other sex crimes and average struggle other crimes.

DR. CHARLES GORING- An English Statistician, who studied the case histories of 3,000 convicts and found
that heredity is more influential as determiner of criminal behavior than environment. He accepted tha criminals
are physically inferior to normal individuals in the sense that criminals tend to be shorter and have less weight
than non-criminals.

MENTAL DEFICIENCY THEORY- group of theories which are primarily focused on the Psychiatric make-up of
the individual criminal, sating among others that human intelligence is the big factor in criminality.
Early researches found out that majority of criminals tested for intelligence were shown to have low IQ.
(Adler,1998)
Recent investigation revealed that:
1. The effect of low IQ on criminal behavior is more significant than those educated with high IQs
2.IQ is more closely related to crime rather than that of social class.
 LESSON 3
STUDY OF CRIMINAL BEHAVIOR

LEARNING OUTCOMES:

At the end of this lesson, the students are expected to:

1. Appraise the importance of psychology in understanding criminal behavior.

2. Realize the importance of criminal psychology in the field of law enforcement
3. Illustrate and explain the birth of crime
4. Identify the causes of criminal behavior
5. Link the effects of frustration, conflicts, aggression, and negative human values to crime causation

Freud postulated the existence of a three-part personality consisting of id, ego and superego which
operated in instant conflict with one another producing the basic problem of guilt which required the use of one
or more defense mechanisms.

Id

- Is a part of the unconscious that contains all the urges and the impulses including what we called
libido, a kind of generalized sexual energy that is used for everything from survival instincts to
appreciation of art? The id is also kind of stubborn, for it responds only to what Freud called the
pleasure principle (if it feels good, do it), and nothing else.

Ego

- Is the only part of the conscious personality? It’s what the person is aware of when they think about
themselves, and is what they usually try to project toward others. The ego is dominated by what Freud
called the reality principle (an orientation to the real world in which the person lives). It is continually
trying to mediate the demands of the id and prohibitions of the superego.

Superego

- Is a part of the unconscious that is the voice of conscience (doing what is right) and the source of self-
criticism? It reflects society’s moral values to some degree, and a person is sometimes aware of their
own morality and ethics, but the superego contains a vast number of codes, or prohibitions, that are
issued mostly unconsciously in the form of commands or “don’t” statements.

Defense Mechanism

Sublimation Desires of the id are diverted to healthy outlets

approved by the superego
Repression Desires of the id are stuffed back into subconscious
and the person denies they exist or engages in
Freudian slips
Regression Desires of the id are followed impulsively to escape
from hearing the superego(reality)
Denial/Intellectualization Anxiety about following desires of the id goes
unacknowledged or treated unemotionally
Projection Prohibitions of the superego are applied as standard
for judging others and not oneself
Fixation Prohibitions of the superego are so strong that the
 person develops fears/phobias
Undoing Superego is so strong that the person continually
makes amends or apologies for what they do
Reaction formation Both id and superego are so strong that person does
the opposite of both, sometimes identifying with
aggressors
Displacement Both id and superego are so strong and ego is so
weak that persons settles for second best or any
available substitute (something better than nothing)

Freud also provided a theory of human development. These ideas revolved around his terms for the
three stages of early childhood. The oral stage (age 0-2) is when a person develops their sense of satisfaction
or satiation, of figuring out how much is enough (e.g. of food and drink) which has implications for much of an
eater, drinker, or smoker a person is in adulthood. The anal stage (age 2-30) is when a person develops their
sense of orderliness, of figuring out their preferred levels of cleanliness (e.g. as in toilet training). The genital
stage (age 3-4) is when a person develops their sexuality, of figuring out their sexual preferences and whether
they are capable of real love or not. Male children go thru what is called an Oedipus complex (with a
comparable Electra complex). Dual complexes involve sexual feelings for the parent of the opposite sex (and
are called “inverted” complexes in case of homosexuality), and how these feelings are resolved determines how
capable the person is of real love later in life.

Classification of Behavior

Normal Behavior (adaptive or adjusted behavior)

- The standard behavior, the totally accepted behavior because they follow the standard norms of
society.

Abnormal Behavior (maladaptive/maladjusted behavior)

- A group of behaviors that is deviant from social expectations because they go against the norms or
standard behavior of society.

KINDS OF BEHAVIOR

Overt or Covert Behavior

Behaviors that are outwardly manifested or those that are directly observable are overt behaviors. On
the other hand, covert behaviors are behaviors that are hidden-not visible to the naked eye.

Conscious or Unconscious behavior

Behavior is conscious when acts are within the level of awareness. It is unconscious when acts are
embedded in one’s subconscious-unaware.

Simple or Complex Behavior

These are acts categorized according to the number of neutrons involved in the process of behaving.
Simple behavior involves less number of neutrons while complex behavior involved more number of neutrons, a
combination of simple behavior.

Rational or Irrational Behavior

These is rational behavior when a person acted with sanity or reason and there is irrational behavior
when the person acted with no apparent reason or explanation-as when a man loses his sanity and laugh out
loud at nobody or nothing in particular.

Voluntary or Involuntary Behavior

 Voluntary behavior is an act done with full volition or will such as when we discriminate, decide or
choose while involuntary behaviors refers the bodily processes that foes on even when we are awake or asleep
like respiration, circulation and digestion.

ASPECTS OF BEHAVIOR

Intellectual Aspect
- This aspect of behavior pertains to our way of thinking, reasoning, solving problem,
processing info and coping with the environment.
Emotional Aspect
- This pertains to our feelings, moods, temper and strong motivational force.
Social Aspect
- This pertains to how we interact or relate with other people.
Moral Aspect
- This refers to our conscience and concept on what is good or bad.
Psychosexual Aspect
- This pertains to our being a man or woman and the expression of love.
Political Aspect
- This pertains to our ideology towards society/ government.
Value/Attitude
- This pertains to our interest towards something, our likes and dislikes.
THE CRIMINAL FORMULA

In explaining the birth of criminal behavior, we must consider three factors: criminalistics tendency (T),
the total situation (S), and the person’s mental and emotional resistance to temptation (R).

C – Crime /Criminal behavior (the act)

T – Criminal Tendency (desire/intent) C=T+S

S – Total Situation (opportunity) R

R – Resistance to Temptation (control)

DETERMINANTS OF BEHAVIOR

HEREDITY (Biological Factors)

- This refers to the genetic influences, those that are explained by heredity, the characteristics
of a person acquired from birth transferred from one generation to another
- It is the primary basis of the idea concerning criminal behavior, the concept that “criminals are
born”

ENVIRONMENTAL FACTORS

- This refers to anything around the person that influences his action. James Coleman in his
book mentioned some environmental factors such as:

Family Background

- It is a basic consideration because it is in the family whereby an individual first experiences how
to relate and interact with another. The family is said to be the cradle of personality development
as a result of either a close or harmonious relationship or a pathogenic family structure: the
disturbed family, broken family, separated or maladjusted relations.

Childhood Trauma

- The experiences, which affect the feeling of security of a child undergoing developmental
processes. The development processes are being blocked sometimes by parental deprivation as
a consequence of parents or lack of adequate maturing at home because of parental rejection,
overprotection, restrictiveness, over permissiveness, and faulty discipline.
 Pathogenic Family Structure

- those families associated with high frequency of problems such as:

a. The inadequate family

- Characterized by the inability to cope with the ordinary problems of family living. It lacks the
resources, physical or psychological, for meeting the demands of family satisfaction.
b. The anti-social family
- Those that espouses unacceptable values as a result of the influence of parents to their children.
c. The discordant/disturbed family
- Characterized by non- satisfaction of one or both parent from the relationship that may express
feeling of frustration. This is usually due to value differences as common sources of conflict and
dissatisfaction.
d. The disrupted family
- Characterized by incompleteness whether as result of death, divorce, separation or some other
circumstances.

OTHER DETERMINANTS OF BEHAVIOR

Needs and Drives

Need. According to a drive reduction theory, is a biological requirement for well-being of the individual.
This need creates drives – a psychological state of arousal that prompts someone to take action.

Motivation

- Refers to the influences that govern the initiation, direction, intensity and persistence of behavior.
- Refers to the causes and “why’s” of behavior by a need.
- Is a hypothetical concept that stands for the underlying force impelling behavior and giving its
direction

The needs can be classified as biological or psychological needs.

A. Biological Needs

Biological Needs Motivational Systems

Food Hunger – the body needs adequate supply of
nutrients to function effectively. “an empty
stomach sometimes drives a person to steal”
Water Thirst – just like food, the body needs water

Sex A powerful motivator but unlike food and water,

sex is not vital for survival but essential to the
survival of species.
Pain Avoidance The need to avoid tissue damage is essential to
the survival of the organism. Pain will activate
behavior to reduce discomfort.
Stimulus Seeking Curiosity is most people and animal is motivated
to explore the environment even when the activity
satisfies no bodily needs.

B. Psychological Needs
- Are influenced primarily by the kind of the society in which the individual is raised. Psychological
motives are those related to the individual’s happiness and well-being, but not for the survival,
unlike the biological motives that focuses on basic needs – the primary motives.

Maslow’s Hierarchy of Need

 1. Biological or Physiological Needs
- These motives include the need for food, water, oxygen, activity, and sleep.
2. Safety Needs
- These pertain to the motives of being cared for and being secured such as in income and place to
live.
3. Love/Belongingness
- Belongingness is integration into various kinds of social groups or social organizations. Love
needs mean need foe affection.
4. Cognitive Needs
- Our motivation for learning and exploration.
5. Esteem Needs
- Our motivation for an honest, fundamental respect for a person as a useful and honorable human
being.
6. Aesthetic Needs
- Our motivation for beauty and order.
7. Self-actualization
- Pertains to human total satisfaction, when people are motivated not so much by unmet needs, as
by the desire to become all they are capable of (self-realization).

Frustration, Conflict and Anxiety

Frustration

- Refers to the unpleasant feelings that result from the blocking of motive satisfaction
- It is form of stress, which results tension
Conflict
- Refers to the simultaneous arousal of two or more incompatible motives resulting to unpleasant
emotions.

Types of Conflicts

1. Double Approach Conflict

- A person is motivated to engage in two desirable activities that cannot be pursued simultaneously.
2. Double Avoidance Conflict
- A person faces two undesirable situations in which the avoidance of one is the exposure to the
other resulting to an intense emotion.
3. Approach-Avoidance Conflict
- A person faces situation having both a desirable and undesirable feature
- It is sometimes called “dilemma”, because some negative and some positive features must be
accepted regardless which course of action is chosen.
4. Multiple Approach-Avoidance Conflict
- A situation in which a choice must be made in between two or more alternatives each has both
positive and negative features.
- It is the most difficult to resolve because the features of each portion are often difficult to compare.

Anxiety

- Is an intangible feeling that seems to evade any effort to resolve it

- It is also called neurotic fear; it can be intense ; it could be low and can be a motivating force

Stress

- Is the process of adjusting to or dealing with circumstances that disrupts, or threatens to disrupt a
person’s physical or psychological functioning

The Ego Defense Mechanism

Robert Wicks cited the following ego defense mechanisms:

  Denial of Reality
- Protection of one self from unpleasant reality by refusal to perceive or face it. Simply by avoiding
something that is unpleasant.
 Fantasy
- The gratification of frustration desires in imaginary achievement. Paying attention not to what is
going on around him but rather to what is taking place in his thoughts.
 Projection
- Placing blame for difficulties upon others or attributing one’s own unethical desires to others in an
effort to prevent ourselves being blamed.
 Rationalization
- The use of excuses an individual to him and to others. Attempting to prove that one’s behavior is
justifiable and thus worthy of self and social approval.
 Reaction Formation
- It occurs when someone tries to prevent his submission to unacceptable impulses by taking
opposite stand. Preventing dangerous desires from being expresses by exaggerating opposed
attitudes and types of behavior and using them as barriers.
 Displacement
- Discharging pent-up emotion on objects less dangerous than those that initially aroused the
emotion.
 Emotional Insulation
- Withdrawal is passivity to protect self from hurt.
 Isolation/Intellectualization
- Series to cut off the emotions from a situation, which is normally, is full of feeling.
 Regression
- Revert from a past behavior to retreating to earlier development level involving less mature
responses and usually a lower level of aspiration.
 Sublimation
- Gratification of frustrated sexual desire in substitutive men sexual activities.
 Identification
- Increasing feeling of worth by identifying self with person or institution. The person can associate
himself with something or someone to elevate position.
 Introjections
- Incorporating external values and standards into ego structures so individual is not at their mercy
as external threats. The acceptance of other’s values even they are contrary to one’s own
assumption.
 Undoing
- Apologizing for wrongs, repentance, doing penance and undergoing punishment to negate a
disapproval act.
 Sympathism
- Striving to gain sympathy from others. The person seeks to be praised by relating faults or
problem.
 Acting-Out
- Reduction of the anxiety aroused by forbidden desires by permitting their expression. The
individual deals with all impulse by expressing them.

The Human Values

- Are relevant in understanding human behavior

- They are standards which people use to cognize, express and evaluate behavior as right or
wrong, just or unjust and appropriate or inappropriate.

Common Sense

- Is a commonly health notion where truth is not dependent on judgment which is based purely on
observation, thus it lacks the organization of thoughts and jumps to conclusion immediately.
PATTERNS OF CRIMINAL BEHAVIOR

Neurotic/Psychoneurotic Behaviors

- Are groups of mild functioning personality disorders in which there is no gross personality
disorganization, the individual does not lose contact with reality, and hospitalization is not required
- Neurosis embraces a wide range of behaviors that are the core of most maladaptive life style.
Basic to this neurotic life style are:

1. Neurotic Nucleus
- The faulty evaluation of reality and the tendency to avoid rather than to cope with stress. It is
characterized by anxiety, avoidance instead of coping, and blocked personal growth.
2. Neurotic Paradox
- The tendency to maintain the life style despite its maladaptive nature. It is characterized by
unhappiness and dissatisfactions.

A. Anxiety Disorders
- Are commonly known as “neurotic fear” , when it is occasional but intense, it is called “panic”;
when it is mild but continuous, it is called “worry”.

Classification of Anxiety Disorders

Obsessive-Compulsive Disorders

Obsessions usually centered on fear that one will submit to an uncontrollable

impulse to do something wrong while compulsion on the other hand resulted from repetitive acts.

Asthenic Disorders (Neurasthenia)

- Is characterized by chronic mental and physical fatigue and various aches and pains
- Its symptoms include spending too much sleep to avoid fatigue but no to avail, even feel worse
upon awake, headaches, indigestion, back pains and dizziness.

Phobic Disorders

- This refers to the persistent fear on some objects or situation that present no actual danger to the
person.

Examples of Phobia

Phobia Object of Fear

Acrophobia High places
Agoraphobia Open places
Algophobia Pain
Astrophobia Storms/Lightning
Claustrophobia Closed places
Hematophobia Blood
Mysophobia Contamination/Germs
Hydrophobia/Aquaphobia Water
Monophobia Being alone
Nyctophobia Darkness
Ocholophobia Crowds
Patholophobia Disease
Pyrophobia Fire
Syphilophobia Syphilis
Zoophobia Animals

B. Somatoform Disorders
 - Complaints of bodily symptoms that suggest the presence of physical problem but no organic
basis can be found
- The individual is pre-occupied with his state of health or diseases

Classification of Somatoform Disorders

Hypochondriasis

- This refers to the excessive concern about state of health or physical condition
- A hypochondriacally person tends to seek medical advises, but his fear is not lessened by his
doctor’s reassurances, and he may be disappointed when no physical problem is found.

Psychogenic Pain Disorder

- It is characterized by the report of severe and lasting pain. Either no physical basis is apparent
reaction greatly in excess of what would be expected from physical abnormality.

Conversion Disorders (Hysteria)

- It is a neurotic pattern in which symptoms of some physical malfunction or loss of control without
any underlying organic abnormality.

Sensory Symptoms of Hysteria

1. Anesthesia – loss of sensitivity

2. Hyperesthesia – excessive sensitivity
3. Hypesthesia – partial loss of sensitivity to pain
4. Analgesia - loss of sensitivity to pain
5. Paresthesia – exceptional sensation

Motor Symptoms of Hysteria

1. Paralysis – selective loss of function

2. Astasia-abasia – inability to control leg when standing
3. Aphonia – partial inability to speak
4. Mutism – total inability to speak

Visceral Symptoms of Hysteria

1. Choking sensation
2. Coughing spells
3. Difficulty in breathing
4. Cold clammy extremities
5. Nausea

C. Dissociative Disorders
- A response to obvious stress characterized by amnesia, multiple personality and
depersonalization.

Amnesia

- It is the partial or total inability to recall or identify past experiences following a traumatic incident
1. Brain pathology amnesia
- Total loss of memory and it cannot be retrieved by simple means
- It requires long period of medication
2. Psychogenic amnesia
- Failure to recall stored information and still they are beneath the level of consciousness but
“forgotten material”

Multiple Personality

- It is called “dual personalities”. The reason manifests two or more symptoms of personality usually
dramatically different.

Depersonalization
 - The loss of sense of self or the so-called out of body experience
- There is a feeling of detachment from one’s mental processes or body or being in a dream state
- Somnambulism (sleepwalking) is one examples of this.

D. Mood Disorders (Affective Disorders)

- Often referred to as affective disorders, however the critical pathology in these disorders is one of
mood which is the internal state of person, and not of affect, the external expression of emotional
content

Classification of Mood Disorders

Depressive Disorders

Major Depressive Disorder - Patients with depressed mood have a loss of energy and interest, feeling
of guilt, difficulty in concentrating, loss of appetite and thoughts of death or suicide; they are not affected with
manic episodes.

Dysthymic Disorder -a mild form of major depressive disorder

Bipolar Disorders -those experienced by patients with both manic and depressive episodes

Cyclothymic Disorder- a less severe form of bipolar disorder

Psychopathic Behaviors

This pertains to the second group of abnormal behaviors, which typically stemmed from immature and
distorted personality development, resulting in persistent maladaptive ways of perceiving and thinking.

They are generally called “personality or character disorder”. These groups of disorders are composed
of the following:

A. Personality Disorders
- They are called disorders of character; the person here is characterized as a “problematic” without
psychoses. This disorder is characterized disrupted personal relationship, dependent or passive,
aggressive behavior.
- The classifications of personality disorders as cited by Coleman(1980) are:
 Paranoid Personality Disorder
- It is characterized by suspicious, rigidity, envy, hypersensitivity, excessive self-importance,
argumentativeness and tendency to blame others of one’s own mistakes.
 Schizoid Personality Disorder
- This is characterized by the inability to form social relationship and lack of interest in doing so. The
person seem to express their feeling, they lack social skills. They are the so-called “loners”
 Schizotypal Personality Disorder
- It is characterized by seclusiveness, over sensitivity, avoidance of communication and
superstitious thinking is common.
 Histrionic Personality Disorder
- It is characterized by immaturity, excitability, emotional instability and self-dramatization.
 Narcissistic Personality Disorder
- It is characterized by an exaggerated sense of self-importance and pre-occupation with receiving
attention. The person usually expects and demands special treatment from others and
disregarding the rights and feeling of others.
 Borderline Personality Disorder
- It is characterized by instability reflected in drastic mood shifts and behavior problems. The person
usually displays intense anger outburst with little provocation and he is impulsive, unpredictable,
and periodically unstable.
 Avoidant Personality Disorder
- It is characterized by hypersensitivity to rejection and apprehensive alertness to any sign of social
derogation. Person is reluctant to enter into social interaction.
 Dependent Personality Disorder
- it is characterized by extreme dependence on other people- there is acute discomfort and even
panic to be alone. The person lacks confidence and feels helpless.
 Passive-Aggressive Personality Disorder
 - It is characterized by being hostile expressed in indirect and non-violent ways. They are so called
“stubborn”.
 Compulsive Personality Disorder
- It is characterized by excessive concern with rules, order and efficiency that everyone does things
their way and an ability to express warm feeling. The person is over conscientious, serious, and
with difficulty in doing things for relaxation.
 Anti-social Personality Disorder
- It is characterized by continuing violation of the rights of others through aggressive, anti-social
behavior without remorse or loyalty to anyone.
- Anti-social Personality is actually the “psychopathic personality disorder”

The Sexual Deviations/Disorders

Those Affecting Males

1. Erectile Insuffiency (Impotency)

- It is a sexual disorder characterized by the inability to achieve or maintain erection for successful
intercourse
2. Pre-mature Ejaculation
- It is the unsatisfactory brief period of sexual stimulation that results to the failure of the female
partner to achieve satisfaction
3. Retarded Ejaculation
- It is the inability to ejaculate during intercourse – resulting to worry between partners

Those Affecting Females

1. Arousal Insuffiency (Frigidity)

- A sexual disorder characterized by partial or complete failure to attain the lubrication or swelling
response of sexual excitement by the female partner
2. Orgasmic Dysfunction
- A sexual disorder characterized by the difficulty in achieving orgasm
3. Vaginismus
- The involuntary spasm of the muscle at the entrance of the vagina that prevent penetration of the
male sex organ
4. Dyspareunia
- It is called painful coitus/painful sexual acts in woman

Sexual Behaviors Leading to Sex Crimes

As to Sexual Reversals

 Homosexuality
- It is a sexual behavior directed toward the same sex
- It is also called “lesbianism/tribadism” for female relationship
 Transvestism
- Refers to the achievement of sexual excitation by dressing as a member of the opposite sex such
a man who wears female apparel
 Fetishism
- Sexual gratification is obtained by looking at some body parts, underwear of the opposite sex or
other objects associated with the opposite sex

As to the Choice of Partner

 Pedophilia
- A sexual perversion where a person has the compulsive desire to have sexual intercourse with a
child of either sex
 Bestiality
- The sexual gratification is attained by having sexual intercourse with animals
 Auto-sexual
- (self-gratification/masturbation)it is called “self-abuse”, sexual satisfaction is carried out without
the cooperation of another
 Gerontophilia
 - Is a sexual desire with an elder person
 Necrophilia
- An erotic desire or actual intercourse with the corpse
 Incest
- A sexual intercourse between people who by reason of blood relationship cannot legally marry

As to Sexual Urge

 Satyriasis
- An excessive desire of men to have sexual intercourse
 Nymphomania
- A strong sexual feeling of woman with an excessive sexual urge

As Mode of Sexual Expression

 Oralism
- It is the use of mouth or the tongue as a way of sexual satisfaction

a. Fellatio – male sex organ to the mouth of the woman coupled with the act of sucking that
initiates orgasm
b. Cunnilingus – sexual gratification is attained by licking the external female genitalia
c. Anilism – licking the anus of the sexual partner
 Sado-Masochism
- Pain/cruelty for sexual gratification
Sadism
- Achievement of sexual stimulation and gratification through the infliction of physical
pain on the sexual partner
Masochism
- Infliction of pain to oneself to achieve sexual pleasure

As to Part of the Body

 Sodomy
- Is a sexual act through the anus of the sexual partner
 Uranism
- Sexual gratification is attained through fingering, holding the breast or licking parts of the body
 Frottage
- The act of rubbing the sex organ against body parts of another person
 Partialism
- It refers to the sexual libido on any part of the body of a sexual partner

As to Visual Stimulus

 Voyeurism
- The person is commonly called “ the Peeping Tom”, an achievement of sexual pleasures through
clandestine peeping such as peeping to dressing room, couples room, toilets etc. and frequently
the person masturbate during the peeping activity
 Scoptophilia
- The intentional act of watching people undress or during sexual intimacies

As to Number of Participants in the Sexual Act

 Triolism
- Three persons participate in sex orgy such as two woman versus on man or vise verse
 Pluralism
- Group of persons in sexual orgies such as couple to couple sexual relations
- It is called “sexual festival”

Other Sexual Abnormalities

 Exhibitionism
- It is called “indecent exposure”, intentional exposure of genitals to members of the opposite sex
under inappropriate conditions
  Coprolalia
- The use of obscene language to achieve sexual satisfaction
 Don Juanism
- The act of seducing women as a career without permanency of sexual partner or companion

LESSON 4

CRIMES IN THE MODERN WORLD

LEARNING OUTCOMES:

At the end of this lesson, the students are expected to:

1. Figure out the group of crimes in the modern world.
2. Compare these crimes with their similarities and differences
3. Explain how organized crime group works
4. enumerate example of victimless crimes

ORGANIZED CRIME

- It is a criminal activity by an injuring structure or organization developed and devoted primarily to

the pursuit of profits through illegal means.
- It sometimes referred to as the “MOB”, “MAFIA”, SYNDICATE” or “COSA NOSTRA”

How Organized Crime Group Works?

1. An Enforcer
- One who make arrangements for killing and injuring the members or non-members.
2. A Corrupter
- One who bribes, buys, intimidates, threatens, negotiates and “sweet talks” into a relationship with
the police and public officials who can help the members security and maintain immunity from
arrest, prosecution and punishment.
3. A Corruptee
- A public official, usually not a member of the organization family, who can wield influence on
behalf of the organization’s interest,

Sources of Illegal Profit

 The organization gains from goods and services that are of great demand by the society but
are prohibited by the law.

Characteristic of Organized Crimes

1. It is a conspiracy activity involving coordination of members.

2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates and victims.
6. Organized crimes does not include terrorist dedicated to political change.

Generic Types of Organized Crimes

 1. Political Graft
- Manned by political criminals, who use force and violence of a means to obtain profit or gain or
achieving political aims or ambition.
2. The Mercenary/ Predatory Organized Crime
- Crimes committed by group for direct personal profit but prey upon unwilling victims.
3. In – Group Oriented organized Crime
- Groups manned by semi - organized individual whose major goals are for psychological
gratification such as adolescent gangs.
4. Syndicated Crime
- The organization that participates in illicit activity in society by the use of force, intimidation or
threat.
- It is a group with a formal structure whose purpose is to provide elicit services.

Professional Crimes
- Refers to the occupation or their incumbents which possesses various traits in including useful
knowledge that requires lengthy training.
White Collar Crimes
- Criminal act committed by a person of respectability and high social status in the course of his
occupation.

Forms of White Collar Crimes

1. Corporate Crimes
- Violation of criminal statute either by a corporate entity or by its executive, employees or agents.
2. Environmental Crimes
- Violation of criminal law which although typically committed by business or by business officials.
3. Occupational Crimes
- An act punishable by law and is committed through opportunity created in the course of an
occupation that is legal

Four Areas of Reform

1. Ethical Reforms
- Reforms include such things as working to establish stronger and more persuasive codes of
business ethics.
2. Enforcement Reforms
- Better funding for enforcement agencies dealing with white-collar crime, and insulation of
enforcement personnel from undue political violations.
3. Structural Reforms
- Involves basic changes in corporate structure to make white collar crime more difficult to commit
such as selective nationalizations.
4. Political Reforms
- Focus on eliminating campaign contributions from corporations and business.

Conventional Crimes
- Group of crimes categorized as violent crimes and property crimes.

Violent Crimes
- Are criminal acts, which in the threat of or actual physical harm by an offender to a victim

Violent acts are in the form of:

1. Interpersonal Violence
- Forcible Rape, Murder
- Serious Assault, Family Violence, Robbery
 2. Political Violence
- Terrorism
3. Collective Violence
- Riots, Mobs, Crowds
- Urban Violence

Property Crimes
- Are crimes of economic interest

Property Crimes acts are in the form of:

1. Occasional Property Crimes

- Shoplifting, Vandalism
- Motor vehicle theft, Check Forgery
2. Conventional Property Crimes
- Burglary/unlawful entry to commit theft
- Fence
- Larceny/Theft
3. Destructive Property Crimes
- Arson

Violent Crimes (Index Crimes)

A. Murder
- Is the unlawful killing of human being with malice and with the “act of violence”

Types of Murder

1. Serial Murder
- An act involving killing of several victims in three or more separate incidents
over a week, month or a year.
2. Mass Murder
- It is the killing of four or more victims at one location with one event.
3. Spree Murder
- The killing of in two or more locations with almost no time break between
murders

B. Homicide and Assault

Homicide
- Is the unlawful killing without the qualifying circumstances of murder
Assault
- It is called “unlawful attack” to another person to harm or inflict physical injuries.
C. Robbery
- Defined as “violent theft”
- It is taking of property belonging to another with intent to gain by means of force upon things,
violence or intimidation against person.
Kinds of Robbery

1. Robbery of person – “hold up cases”

2. Robbery in open place following sudden attack – “snatching cases”
3. Robbery in private premises – “forcible entry”
4. Robbery after preliminary association of short duration between victims and offender
 5. Robbery in case of previous association between victims and offender

Types of Robbers

1. The Professional Robber

- Robber who has long term commitment to the crime of robbery as a major source of
livelihood.
2. The Opportunist
- The commonly known as “bandits”, one who has little commitment to or
specialization in robbery and one who is all purpose property offender.
3. The Addict Robber
- One who can commit the crime robbery to support the drug habit
4. The Alcoholic Robber
- Like the addict, who commit crime in order to support habit
5. The Muggers
- They are the most feared robbers.
- They are semi-professional robbers who is sometimes called “strong armed robbers”
– the street robbers who commit everything from snatching to the brutalization of the
victim,
D. Rape
- Is commonly defined as “carnal knowledge of a woman against her will”
- Is a violent crime due to the means employed usually characterized by violence, aggression and
domination

Categories of Rape

1. Real Rape
- Aggravated rape involving violence, weapons and attackers.
2. Simple Rape
- Anything else not fall as “real rape” such as the victims viewed as suspicious
particularly if the victim did not physically resist.

Rape Trauma Syndrome

- Refers to the adverse psychological impacts of rape victims continue to suffer long after the
incidents. It includes”
a. Sexual Anxiety
b. Pervasive fear to the opposite sex
c. Problems in interpersonal relationship
d. General problem of unhappiness

E. Family Violence
- Is a violent crime involving physical assault by a family member to other family members such as:
a. Child Abuse
- An attack or assault of an adult against the defenseless or people who cannot
defend themselves, usually by a parent to a child.

b. Spouse Abuse
- “husband vs. wife battering”

Types of Violent Offender

1. Culturally Violent Offender

- Those who live in cultures which violence is an acceptable problem mechanism.
2. Criminally Violent Offender
- Those who use violence as a means to accomplish criminal acts.
 3. Pathological Violent Offender
- Those who commit violent crimes due to mental disturbances.
4. Situational Violent Offender
- Those who commit acts of violence on rare occasions, often under provocations.
- They are the criminals by passion.

Property Crimes (Non-Index Crimes)

A. Occasional Property Crimes

- Are group of property crimes committed by ordinary property criminals with little progressive
knowledge on criminal techniques
- They tend to commit crimes such as :
1. Auto theft of motor vehicle theft
2. Shoplifting or good pilferage
3. Vandalism
4. Check Forgeries

Types of Auto Theft

1. Joy Riding Auto Theft

- Borrowing automobiles without returning.
2. Short Term Transportation
- Stolen vehicle as a temporary means of transportation then abandoned.
3. Long term Transportation
- Stolen vehicle used as a permanent means of transportation.
4. Profit Motivated Auto Theft
- Organized auto theft, which includes vehicle identity alterations, or the “chop-
chops” – cannibalized auto parts.

Types of Vandalism

1. Wanton Vandalism
- Destructive acts, which have no monetary gain or purpose in mind.
2. Predatory Vandalism
- Destructive acts of gain such as destroying machines in order to gain contents.
3. Vindictive Vandalism
- Acts as an expression of hatred.

B. Conventional Property Crimes

- These are group of property crimes committed by professional criminals on a persistent basis,
which constitute form of career criminality. It includes:
1. Burglary (Robbery)
- Unlawful entry of forcible entry in order to commit a felony of theft.
2. The Fence
- Dealers of stolen properties
- The act of “buy and sale of stolen properties”
3. Larceny (Theft)
- Simple taking of properties with intent to gain and without the consent or the owner.

C. Destructive Property Crimes

Arson
- Unlawful burning of property on another.

Types of Arson
 1. Profit – Motivated Arson
- Illustrated by insurance fraud.
2. Revenge Arson
- Burning of properties due to hatred or spell jealousy.
3. Vandalism Arson
- Fire is employed as a means of expressing vindictive vandalism toward the property of a
group of people or an individual.
4. Excitement Arson
- Those set by “pyromaniacs”.

5. Sabotage Arson
- Fires during civil disturbances.

Victimless Crimes
- Refers to those crimes in which no clear is readily identifiable.
- The only injured party is the offender, who engages in self- destructive behavior.

Victimless crimes include:

Prostitution
- Is the practice of having sexual relations with emotional indifference on a promiscuous and mercenary
basis
- Is an act of sexual intercourse of hire or the so-called “sex for hire”
- Is the bartering of sex favor for monetary consideration, either gift or cash, without emotional
attachment between partners.
Pornography
- Is any material intended primarily to arouse sexual desires, pertaining to obscene literature and or
lascivious materials in the forms of mail or written media, television, telephone and radio
Drug abuse
- It is the use of drugs with such frequency that it causes physical or mental harm to the user
- It also referred to the use of any drug prohibited by the law regardless of whether it was actually
harmful or not.

Drug Addiction
- Is the state of mind in which a person has lost the power of self-control in respect of
a drug

Characteristics of Drug Addiction

 Compulsion/Uncontrollable Craving
- The addict feels a compulsive craving to take repeatedly and tries to procure the
same by any means.
 Tolerance
- Is the tendency to increase the dose of the drug to produce the same effect as to
that of the original effect
 Addiction
- The addict is powerless to quit drug abuse.
 Physical Dependence
- The addict’s physiological functioning is altered.
 Psychological Dependence
- Emotional and mental discomfort exist to an individual.
 Withdrawal Syndrome
- The addict becomes nervous and restless when he does not get drug.
Alcoholism
- Term used to refer to a person or the person’s behavior with life problem related to alcohol drinking.
Effects of Alcoholism

 Trouble in the Home

- Heavy drinkers’ takes money needed for food, clothes and furniture. This causes
debts. Husband and wife fight and accuse each other of being unlawful. There will
be often sexual problems. Children are badly treated and badly fed. And drinking
makes people lazy and they may not go to work. Women may have to steal food to
feed their families.
 Trouble among Friends
- The heavy drinker will often fight with his friend and may kill many people.
 Trouble at Work
- The heavy drinker often does not go to work because he fells sick. He sometimes
works badly and hurts himself or others.
 Trouble at Play
- Heavy drinkers’ has a bad effect on sportsmen. Because alcohol affects the brain,
the drinker cannot control his arms and legs well. A sportsman who has been
drinking cannot play well as he should.
 Trouble on Roads
- The driver has lost his judgment; he is careless and takes risks. Accidents result. A
person who is drunk may walk onto the road and be killed by a motor vehicle.
 Trouble with Crime
- Excessive drinking is the biggest cause of crime. People become aggressive, fight,
break into the houses and steal.
 Trouble with the Economy
- The economy is badly affected when people do not go to work and production falls.
Heavy demands are made on health services, the police force and the correctional
institutions. Hence, alcoholism is burden to the government.

Gambling
- Is usually defined as wagering or events which chance largely determines the outcome.

LESSON 5
JUVENILE DELINQUENCY AND VICTIMOLOGY

LEARNING OUTCOMES:

At the end of this lesson, the students are expected to:

1. Comprehend the definition, nature and characteristic of juvenile delinquency

2. Recognize and explain the factors causing juvenile delinquency
3. Understand the laws related to control and prevention of juvenile delinquency
4. Define victimology and identified the victims participatory factors in victimization
5. Identify the types of victim

I. JUVENILE DELINQUENCY

DELINQUENCY refers to any action; course or conduct that deviates from acts approved by the majority of
people. It is a description of those acts that do not conform to the accepted rules, norms and mores of the
society. It is a general term for any misconduct or misbehavior that is tantamount to felony or offense. It is
however distinct from crime in the sense that the former may be in form of violation of law, ordinance or rule but
it is punishable only by a small fine or short-term imprisonment or both. Legally speaking, delinquency means
the failure to perform an act required by law, or non-performance of duty or obligation that is mandated by
existing law or rule.
JUVENILE CRIME denotes various offenses committed by children or youths under the age of 18. Such acts
are sometimes referred to as juvenile delinquency.
JUVENILE DELINQUENCY is used to describe a large number of disapproved behaviors of children or youth.
Acts of juvenile delinquency include violation of laws such as those defined by juvenile code and laws.
- An anti-social act or behavior of a minor which deviates from the normal pattern of rules and
regulations, customs and culture which society does not accept and which there justifies some kind of
punishment or corrective measures.
- Youth behavior which against norms and regulations of society which if left unchecked would give
rise to criminality.
- An act or omission committed by a minor which is not in conformity with the norms of society.
- Any act, behavior or conduct of a minor which might be brought to court and judged whether such,
is a violation of a law.

JUVENILE- Refers to a person of tender year.

a minor, a youth or those who are not emancipated by law.
those who are below the age of majority.
Refers to a person below 18 years of age or those but are unable to fully take care of themselves from
abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or
conditions.
• R.A 6809- an act lowering the age of majority from 21 to 18 and amending such purpose E.O 209.
Approved on December 13, 1989

DELINQUENCY refers to the failure to perform an act required by law, or the non-performance of a duty or
obligation that is mandated by existing law or rule.

DELINQUENT isone whose behavior has brought a minor or child in repeated conflict with the law.

- one who has committed an offense that violated the approved norms of conduct is guilty of misdeed.

STATUS OFFENSE- an act or omission which committed by an adult may not be considered punishable
but which are generally considered wrong once committed by a minor such as:

* Truancy or frequent, unreasonable absenteeism from school

* curfew Violation
* loitering
* running away from home without justifiable cause
* use of profane language
* smoking and drinking alcoholic beverages
*disobedience to parents, guardians or school officials
*mendicancy or begging in the streets
* association with delinquent gangs

STAGES OF DELINQUENCY
A. EMERGENCE. The child begins with petty larceny between 8 and sometime during the 12th year
B. EXPLORATION. He then may move on to shoplifting and vandalism between ages 12 to 14.
C. EXPLOSION. At age 13, substantial increase in variety and seriousness.
D. CONFLAGRATION. At around 15, four or more types of crime are added.
E. OUTBURST. Those who continue on adulthood will progress into more sophisticated or more violent
forms of criminal behavior.

FACTORS WHICH MAY LEAD TO JUVENILE DELINQUENCY

• Faulty development of the child

• Lack of parental guidance
• Parental rejection
• Broken homes
• Lack of love
 • Unfair treatment
• Too harsh discipline by either or both of the parents
• Too lenient discipline by either or both of the parents
• Parent’s indifference to their child

PREVENTION OF JUVENILE DELINQUENCY

THE ROLE OF THE DIFFERENT SECTORS
• FAMILY shall be responsible for the primary nurturing and rearing of children which is critical in
delinquency prevention
• EDUCATIONAL INSTITUTIONS shall work together with families, community organizations and
agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in
conflict with the law
• MASS MEDIA shall play an active role in the promotion of child rights, and delinquency prevention by
relaying consistent messages through a balanced approach.
PHILIPPINE LAWS AFFECTING CHILDREN

• P.D 798- Truancy Law

• R.A 6809- Lowering the Age of Majority from 21 to 18 years old
• R.A 7658- (November 9, 1993) Prohibiting the employment of Children below 15
years of age in Public or Private Undertakings & R.A 9231 (Dec. 19, 2003) amended
provisions of R.A 7610 Sec.12 on Child Labor
• R.A 8552- The Domestic and Adoption Act of 1998 Enacted – February 25, 1998
• R.A 8043- The Inter-Country Adoption Act
• R.A 8369- Family Courts Act of 1997
• R.A 9255- Law on the use of father’s Surname of illegitimate children.
• R.A 9523- (March 12, 2009) amended certain procedures on adoptions.
• R.A 9344- The “Juvenile Justice Welfare Act of 2006” Approved April 28, 2006/
Effective May 14, 2006
• R.A 9775 – Anti-Child Pornography Act of 2009
• SC Administrative Matter, No.02-1-18-SC – Rule on Juvenile in Conflict with the
Law.
• NAPOLCOM Resolution #2009-415 – Police Manual on the Management of Cases
in CICL.
• Proclamation No. 74, S.1992- Declaring the 17th day of October of every year as
“National Children’s Day”
• R.A 10630- An act Strengthening the Juvenile Justice System ‘in the Philippines,
amending R.A 9344, Approved : October 3. 2013

II. VICTIMOLOGY

Victimology is the study of victims and their patterns of victimization. From this perspective, the
question is not why certain individuals (or groups) engage in criminal behavior; instead, the emphasis is on
explaining why certain people (or groups) experience victimization at certain times and in certain places.
Similarly, research on criminal justice has focused on how offenders are processed through the criminal justice
system. Victimologists, in contrast, examine the dynamics
The Demographics of Criminal Victimization Like criminal offending, criminal victimization is not randomly
distributed among the populace. Patterns of victimization show a high degree of consistency with respect to
where and when they occur and who is victimized.

The Demographics of Criminal Victimization

Violent Crime Rates. Individuals between the ages of 12 and 24 have the greatest chance of becoming the
victims of crime, especially violent crime. Generally, from the early to mid-20s, as one gets older, the rate of
victimization decreases, with those older than age 65 having the lowest rate of victimization for all crimes across
gender and race.

Men are victimized at higher rates than women are. For every offense except sexual assault or rape and
simple assault, men have higher victimization rates than women. Males report that they are almost as likely to
be victimized by someone known to them (51%) as they are bystanders (49%).

Females most often are victimized by someone they know. Females report that more than three fourths
(78%) of those who violently victimize them are known to them. Women are much more likely to be violently
victimized by family members, spouses, boyfriends, or other persons known to them. The relational
phenomenon is known as intimate victimization.
 Violent victimization of women is more likely to be repetitive and occurring over a period of time rather than
as an isolated event, a random attack by a stranger, or a secondary consequence of being a crime victim (i.e. a
robbery victim who is assaulted by the assailant. Even when women are the offenders rather than the victims,
the data suggests that more than half of the incidences in which women were arrested for killing a male intimate
partner were precipitated by some sort of physical attack by their victim or claims of self-defense.

Situational Characteristics of Victimization

Victimization is more likely to occur in places where there is a high density of high-risk social groups. Urban
centers hold the bulk of those living at or below the poverty level in in the United States, and the victimization
rate for cities reflects this fact. In 2002, urban residents had a rate of violent victimization nearly 1.5 times that of
rural residents. Suburban and rural residents were victimized at similar rates.

THEORETICAL EXPLANATIONS FOR VICTIMIZATION

National data support the observation that crime victimization is not random. If this is the case then what
are the factors that influence who is victimized and when the victimization occurs?

Scholars who study victimization construct theories to explain why some people are victims and others are
not. The two most prominent explanations as to the cause of victimization are victim-precipitation theories and
lifestyle theories of victimization.

Victim-Precipitation Theories. These theories are based on the concept that victims themselves precipitate,
contribute to provoke, or actually cause the outcome. These theories assume that some crimes, especially
violent crimes are interactions, or transactions, between victims and offenders. Victim precipitation means that
the victim is not simply an object

Three Facets of Victim-Precipitation

1. Victim Contribution refers to a person’s actions or lack of action that makes their victimization more likely.
2. Victim proneness. This implies that some individuals or groups have a quality that makes them more likely to
become victims of crimes. This can also refer to the fact that some victims are easy targets. For example, illegal
immigrants may be targeted because they cannot report victimization to the police for fear of being deported.
3. The victim provocation theory suggests that the victim is the primary cause of his or her victimization.

Marvin Wolfgang’s 1958 study of Philadelphia homicides, taken from police records for the years 1948 to
1952, brought the concept of victim provocation into the mainstream of criminological thought. Wolfgang found
that in a significant proportion of criminal homicide incidents (26 percent), the victim had actually initiated the
confrontation, either verbally or through physical force.

Lifestyle Theories of Victimization. These theories seek to explain why victimization can differ in quantity but
remain the same in quality. In cities being researched, it was found that youths were at a much greater risk of
victimization than older persons, and men had substantially higher rates of victimization than women. The
researchers found that the following conditions were met: The victim and offender had the opportunity to come
in contact with one another. There was some dispute between the two. The offender was willing to use force or
stealth to achieve his or her goal.

Theory of Personal Victimization. Lifestyle stands at the centerpiece of the theory of personal victimization
because it is the patterned routines of a person’s everyday activities that predict the chances of exposure to
high-risk situations. Differential association refers to the concept that people who associate regularly with others
engaged in unlawful behavior are more likely to be victimized because of their increased exposure to high-risk
situations and environments.

Routine Activities Theory. Another theory of victimization focuses on the contexts of crime in the terms of the
opportunities for victimization. In 1979, Lawrence Cohen and Marcus Felson developed an approach for
analyzing changes in the level of crime over time known as routine activities theory. Like lifestyle theories, it
recognizes the importance of people’s everyday actions in an explanation for criminal victimization. Routine
activities theorists assume that all humans are motivated by the desire to have things that give them pleasure or
benefit and to avoid those things and situations that inflict pain.

Differential Opportunities. Differential opportunities are determined by the structure of our everyday lives: the
time we leave home, the route we take to work, our mode of transportation, our favorite places for
entertainment, and other routines of contemporary existence. Routine activities theory focuses on the
circumstances in which crime occurs.
Routine Activities Approach. The routine activities approach to crime is limited to an explanation for predatory
crime. Cohen and Felson define predatory crime as “acts involving direct physical contact between at least one
offender and at least one person or object which that offender attempts to take or damage.” This theory is not
limited to interpersonal offenses such as assault, robbery, and rape. Property offenses such as burglary and
larceny are considered predatory crimes as well.

Predatory Victimization. Predatory victimization depends on the interaction of three variables in a social
situation:
1. the presence of at least one likely offender
2. the presence of at least one suitable target
3. the absence of capable guardians (who might prevent the crime)
Routine Activities Theory.
Offender(Rational Thinker) Suitable Target(Person or Thing) Capable Guardian. Cohen and Felson’s theory
emphasizes that crime does not occur in a vacuum. In other words, crime requires the interaction of an offender
and a victim at a particular time and place. Thus, the lifestyle choices of a victim play an important role in
whether or not a crime occurs. Also, the presence of a “capable guardian” may prevent a crime from occurring.
In modern society, many believe that video surveillance cameras can act as a “guardian” to deter crime. As a
result, video surveillance of entire metropolitan areas is common. The suitable target arrives in the social space
through lifestyle behaviors. The likely offender arrives through rational choices. The opportunity for crime is
enhanced as the potential guardian departs or is absent from space.

Rational Choice Theory of Crime. The key assumption of routine activities theory is the idea that crime is
motivated through rational choice. Rational choice theory is based on the fundamental belief that human
behavior is directed toward those things that bring pleasure or benefit or that minimize painful, unpleasant
experiences. If rational choice theorists are correct, altering the balance of costs and benefits for likely offenders
can reduce victimization. One way to do this is called target hardening.

Target Hardening. Target hardening is the foundation for many popular crime-reduction programs. Crime-
prevention programs, such as Neighborhood Watch programs, programs to increase the level of lighting in
streets and neighborhoods, and surveillance cameras, are based on the assumption that these changes will
cause the potential criminal to reevaluate the risk of committing a crime in these target-hardened environments.
Another example of target hardening is vehicles that have integrated ignition-steering wheel locking systems,
antitheft alarms, built-in global tracking devices, and satellite-activated ignition cut-off systems.

Target hardening is one of the key components of defense against terrorist attacks in the United States.
Particularly attractive targets of terrorism –such as commercial aviation, nuclear reactors, federal building,
infrastructure (e.g. bridges and tunnels), and symbolic targets (e.g. famous monuments and symbols of
government and business) –have been examined for the vulnerability, and additional security measures have
been taken to make it more difficult to attack these targets.

GENERAL CLASSES OF VICTIM (Hans Von Hentig)

1. The Young- the weak by virtue of age and immaturity.
2. The Female- often less physically powerful and easily dominated by males
3. The Old- the incapable of physical defense and the common object of confidence scheme
4. The Mentally Defective- those who are unable to think clearly
5. The immigrant- those who are unsure of the rules of conduct in the surrounding society
6. The minorities- racial prejudice may lead to victimization or unequal treatment by the agency of justice.

PSYCHOLOGICAL TYPES OF VICTIMS

1. The Depressed- those submissive by virtue of emotional condition.

2. The Acquisitive or Greedy- the value or act of wanting more propels such individuals into victimization
3. The Wanton or Overly Sensual- those ruled by passion and thoughtlessly seeking pleasure.
4. The Lonesome- similar to acquisitive type of victim, by virtue of wanting companionship or affection.
5. The Heartbroken- those emotionally disturbed by virtue of heartaches and pains
6. The Tormentor- the type of victim who asked for it, often from his own family or friends.
 LESSON 6

INTRODUCTION TO CRIMINAL INVESTIGATION AND CRIMINALISTICS

LEARNING OUTCOMES:

At the end of this lesson, the students are expected to:

1. Define criminal investigation and criminalistics

2. Know the significance of forensic areas in criminal investigation
3. Learn the whats, whys and hows of criminal investigation
4. Appreciate the tools of criminal investigation and be acquainted with the golden rule of criminal
investigation.

FUNDAMENTALS OF CRIMINAL INVESTIGATION

Investigate

- It comes from the Latin word investigare which means “to look into for traces” and vestigium which
means “footprint”.
Criminal Investigation
- An art which deals with the identity, location, apprehension of guilty party and provide evidence of
guilt through criminal proceedings.

3 I’s /Tools of Criminal Investigation

Information
- It is the knowledge or data that the investigator acquired in person and record.

Three Sources of Information

1. Regular Sources
- It is acquired from open sources such as files.
2. Cultivated Source
- It is acquired from informant (gives information) and informer (gives information with
payment)
3. Grapevine
- It is acquired from the underworld characters such as prisoner and criminals.

General Sources of Information

1. Person
- It pertains to the victims, informant, informer etc.
2. Things
- It pertains to the physical evidence.
3. Place
 - It pertains to the crime scene.
Interview
- It is the simple questioning.
- It is to the person who has knowledge.
Witness
- A person who can perceive and perceiving and can make known his perception to other.
Interrogation
- It is the skillful questioning.
- It is used to the person who is reluctant, hostile and unwilling to give information.

Format of Interview
Identity
- The investigator should give his name, rank and agency.
Rapport
- It is building up a positive feeling between the investigator and the subject.
Opening Statement
- Indicate the reason why the subject is being contracted.
Narration
- Allows the subject to give the story
- It utilizes an “open-ended question”-question not answerable with yes or no.
Inquiry
- Clarification of information.
Conclusion
- Give an utmost courtesy.

Purpose of Interrogation
1. Obtain confession – total and direct acknowledgement of guilt
2. Induce him to make an admission – partial or indirect acknowledgement of guilt
3. To learn the facts of the crime.
4. To know the identity of the accomplice.
5. To develop information for the recovery of fruits of the crime.
6. To discover the details of other crime committed by the suspect.

R.A 7438
- it is the rights of the accused – he should only give statements voluntarily and not by means of
threat, coercion, force etc.

Techniques of interrogation
1. Mutt and Jeff- Sweet and Sour
2. Pretense of Physical Evidence
3. Bluff on Split Pair

Instrumentation
- It is the application of instruments and methods of physical science to the detection of crimes.

Procedure of Identification by Eye Witness

1. Physical line-up
- It is the means of selecting a suspect from a group of innocent persons.
- It is usually compose of 7-10 persons.
2. Physical show-up
- One person is being shown to the witness right after the crime was committed.

Definition of Terms

Corpus Delicti
- Body of crime or fact of specific loss or injury sustained.
- Not limited to the body of the victim or cadaver but it also refers to the facts of the crime.
- Body of the victim (cadaver)- literal meaning
Modus Operandi
 - Method or mode of operation that enables the investigators to recognize the pattern of criminal
behavior to predict approximately the next target of the suspect by means of recorded information
concerning the characteristics of criminal activities.
Crime Scene Investigation
- Conduct of processes, more particularly the recognition, handling, preservation and
documentation of physical evidence, to include the identification and interview of witnesses and
the arrest of the suspect in the crime scene.
Crime Scene
- Include all areas which the criminal, any possible victim and any eye witness move during the time
the crime was committed.
Physical Evidence
- Articles and materials found in connection with the investigation and aid in establishing the identity
of the suspect.
Chain of Custody
- The number of person who handle the evidence between the time of commission of the offense
until the ultimate disposition of the case and should be kept in minimum.

Introduction to Criminalistics

Criminalistics

 Or forensic sciences , is the application of criminalistics sciences in the field of law enforcement
 A subfield in criminology that deals with the study of “criminal things”
Criminal Things
 Those that are left behind by the criminal perpetrator in the scene of the crime which have
significance in criminal investigation.

Criminalistics and Criminology

Criminalistics

 Is the study of physical evidence through a laboratory work

Criminology

 Is the study of the causes of crimes and/or criminal people

Division of Criminalistics
1. Scientific Divisions
a. Chemistry
b. Physics
c. biology
2. Technological Divisions
a. Fingerprinting (Forensic Dactyloscopy)
b. Forensic Photography
c. Questioned Document Examination
d. Polygraphy (Lie Detection)
e. Forensic Medicine
f. Forensic Ballistics

FINGERPRINTING (Personal Identification)

 Is one of the universally accepted means of personal identification through the study of
fingerprints

Fingerprint
 It is a production of pattern or designed formed by the ridges on the inside of the joint of a finger
Dactylography
 Is the scientific study of fingerprints as a means of identification
Dactyloscopy
 The practical identification of dactylography
 Making of identifications by fingerprints comparison and the classification of fingerprints

The Value of Fingerprinting in Police Works

Fingerprinting

 Is the cornerstone of criminal investigation and identification

 The system is based on the undisputed fact after many studies and researches that, “NO TWO
PERSONS HAVE EXACTLY THE SAME FINGERPRINTS IN THEIR INDIVIDUAL
CHARACTERISTICS”

Francis Galton
 “Let no one despise the ridges on account of their smallness, for they are in some respect, the
most important of all Anthropological Data”

Fingerprint Ridges

 Are definite contours and appear in several general pattern types, each with general specific
variations of the pattern, dependent on the shape and relationship of the ridges.

Fingerprint is one of the most infallible or reliable means of personal identification in view of the following
reasons:

 The characteristics of fingerprints that are formed by collections of curved, straight, long, short and
other various friction ridges never change naturally throughout body ages
 Fingerprints are unique throughout the world and permanent throughout life
 Police agencies throughout the world accept, adopt and utilize the fingerprint system as a means of
absolute identification
 No two individual persons have exactly the same fingerprint patterns in their individual characteristics
 The court and other authorities since time immemorial recognized its importance and reliability as a
means of identification

Indeed Valuable of Fingerprint

1. Criminal Investigation
2. Proving a suspects identity and criminal record
3. Proving an unidentified dead person identity
4. Finding a wanted and missing person

Fingerprint Patterns

1. Ulnar Loop
- Is a type of fingerprint pattern which possesses a delta, core, and one and more of the ridges
with the pattern area formed a sufficient re-curved, part which crosses or touches a straight
line when drawn between the delta and core, then follow out or terminate to the same side of
its point of origin. The slope or downward flow of the innermost sufficient re-curve is towards
the little finger or ulna bone of the hand of origin.
2. Radial Loop
- is a type of fingerprint pattern which possesses a delta, core, and one or more of the ridges
with in the pattern area formed a sufficient re-curved, part of which crosses or touches a
straight line when drawn between the delta and core, then follow out or terminate to the same
side of its point of origin. The slope or downward flow of the innermost sufficient re-curved is
towards the thumb or the radius bone of the hand of origin.
3. Plain Arch
- This is a pattern in which the ridges enter on one side of the pattern then flow toward the
other side, with a rise at the center, and without a delta, core or re-curving ridge.
4. Tented Arch
-This type of pattern where the majority of the ridges forms as arch and one or more ridges at the
center shape a tent in outline giving an angle of 90 degrees or less, or one with an upward thrust
having an angle of 45 degrees or more, or 2 pattern similar to a loop but lacking one or two of its
essential elements.
5. Plain Whorl
-This is a pattern consisting of two deltas and in which at least one ridge makes a turn through
one complete circuit. An imaginary line drawn between the two deltas must touch one complete
circuit. An imaginary line drawn between the two deltas must touch or cross at least one of the re-
curving ridges within the pattern area. The pattern could be a spiral, oval, circular, or any variant
of a circle.
 6. Central Pocket Loop Whorl
- This is a pattern possesses two deltas with one or more ridges forming a complete circuit
which maybe oval, spiral, circular or any variant of a circle. Pattern consisting of two deltas,
with one or more re-curving ridges with an obstruction at right angles to the inner line of flow,
between which an imaginary line would touch or cross no re- curving ridge within the inner
pattern area.
7. Double Loop Whorl
- This is a pattern consisting of two separate and distinct loop formations, two sets of
shoulders, and two deltas the loop necessarily do not have to be the same length and size.
The loop of a double loop whorl does not have to possess the requirements of the plain loop.
It is enough that the elements mentioned are found in such pattern.
8. Accidental Whorl
- A type of fingerprint pattern which is combination of two or more different types with the
exception of the plain arch, or a pattern which has some of the basic element of two or more
types or a pattern which does not conform to the other seven other types.

Doctrine of Fingerprinting

1. Infallible – will not fail, never make a mistake

2. Perennial – conclusive and permanent
3. Immutable – unchangeable

FORENSIC PHOTOGRAPHY

Police Photography

 Is most obviously useful in police work when photographs serves as evidence that can and often
does prove facts
 It is invaluable to investigators, attorneys, judges, witnesses, juries and defendants

Photographs

 Helped in the reconstruction of crime and the identity of suspects as well as victims

Rogues Gallery/ Mug File

 Prepared album of the identification of common criminals and offenders

Use of Photography in Police Work

 Identification Files
- Photography is used to identify criminals, missing persons, lost property, licenses,
anonymous letters, bad checks, laundry marks, and civilian personal fingerprint. In the case
of atomic attack or a catastrophe such as an airplane crash, the fingerprints from a civilian file
are proving helpful in making positive identification.
 Communication and Microfilm Files
- Photography is also useful as investigate reports files, accident files, and transitions of photos
as supplement to reports. With modern day electro photography machines accident reports
can be made in seconds.
 Evidence
- Crime scenes, traffic accidents, homicides and suicides, fires, object of evidence, latent
fingerprints traces, etc. can be presented in courts as evidences by means of large
photographic images or pictures, motion pictures and the like.
 Offender Detection
- Photographic instruments can be used to detect offenders through surveillance and other
similar activities. One of the newest applications of the police photography is to record on
motion picture film arrest in which the suspect offers assistance. The practice has been
instituted by at least one metropolitan law enforcement agency to counter charges of police
brutality.
 Court Exhibits
- Demonstration enlargements, individual photos, rejection slides, motion and pictures are
accepted as court exhibits.
 Reproduction of Copying
 -Questionable checks and document, evidential papers, photographs, official records and
notices can be photographed to show alternations and/or changes useful in questioned
document examinations.
 Personal Training
- Photographs and films relating police tactics, investigation techniques, mob control, and
catastrophe situations are useful in police training.
 Crime and Fire Prevention
- Hazards lectures, security clearance, detector devices, photos of hazardous fire, condition
made when fire prevention inspection are made.
 Public Relations
- Films pertaining to safety programs, juvenile delinquency, traffic education, public cooperation
and civil defense.

Four Primary Ways of Using Photography in Police Work

1. As means of identification.
2. As a method of discovering, recording and preserving evidence.
3. As a way to present, in the courtroom, of the pertinent elements of crime.
4. As a training and public relation medium for police programs.

Police Photography in the following:

In Accident Investigation
Tire impression
 In most vehicular accidents, photographs of the tire impression will suffice and casting will no
longer required
 Any skid marks should be photographed to show the direction the vehicle was travelling; slides on
to show their length
 Photograph will not only show the speed of the vehicle but will also show when the driver applied
brakes as he perceived danger
Hit and Run
 In vehicular versus pedestrian case, a photograph of the trial of the pedestrian’s on the blood on
the thread marks will not only establish the direction the hit in run vehicle is travelling but also
makes the trend pattern more conspicuous and identifiable

On Crimes Against Persons

Homicide
 The body should not be moved nor touched as little as possible
 Photographed from head to feet first, the finally, from the left side of the victim
Suicide
If the suicide is by shooting:
 Photograph the entrance and exit of the wounds
 Hair and skin surrounding the entrance of wound are burned to a reddish brown color as a result
of the blasting and flaming of the power
If the suicide is by hanging:
 the victim should be photograph from the distance showing the full body
 close up should show the knot, bruises and discoloration of the body
 a blue or purple color is noticeable around his lips, fingernail and toenails
If the suicide is by poisoning:
 photography of the body is similar to that homicide
 take photographs and samples of remaining chemicals if any and the container of the poison
If the suicide is by stabbing:
 the photo investigator takes note of and takes a close up shot of the wound and weapon position
Assault
 the victim is alive and usually willing to cooperate with the investigators
 the police files of common criminal or the mug files can help the victim identify his assailant
Rape
 photography of the victims needs written consent
 photograph all injuries sustained by the victim clothing
 photograph clothes and trace evidence such as fibers, foreign hairs and seminal trains using
macro lens, then submit to the criminalistics laboratory photomicrography and chemical analysis

On Crime against Property

 Fire and Arson

 photography should begin even before the arrival of the fire trucks
 a particular problem of the photographer will be fogging of the lenses, at best he should take
photos at a distance and use a telephoto lens

QUESTIONED DOCUMENT

 is one in which facts appearing are not true, and are contested either in whole or in part with
respect to its authenticity identity, or origin
Document
 is every deed or instrument executed by a person by which some disposition or agreement is
proved, evidenced or set forth

Kinds of Document

Public Document

 is any document notarized by the public or a competent public official with solemnities required by
the law

Official Document

 any instrument issued by the government or its agents or its officers having the authority to do so
and the offices which are in accordance with their creation, they are authorized to issue

Private Document

 every deed or instrument executed by a private person without the intervention of a notary or any
person legally authorized

Commercial Document

 any instrument executed in accordance with the Code of Commerce, containing disposition of
commercial rights or obligations

POLYGRAPHY (Lie Detection)

 is the scientific method of detecting deception with the use of a polygraph instrument
 new name of lie detection

Polygraph Instrument

 is a scientific diagnostic instrument used to record physiological changes in the blood pressure,
pulse rate, respiration and skin resistance

Polygraph
 in Greek, it means “many writings”
 the other name is “Truth Verifier”

FORENSIC/ LEGAL MEDICINE

 is a branch of medicine, which deals with the application of medical knowledge to the purpose of
law and in the Administration of justice

Types of Medical Evidences

1. Real Evidence
 This is evidence made known or addressed to the sense of the court
 It is not limited to that which is known through the sense of vision but it is extended to what the
sense of hearing, taste, smell and touch of perceived
2. Testimonial Evidence
  A person maybe commanded to appear before the court to give his testimony
 His testimony must be given orally and under oath or affirmation

A physician maybe presented in court as:

a. Ordinary Witness
 A physician who testifies in course of physician – patient relationship is considered as an ordinary
witnesses
b. Expert Witness
 A physician on account of his training and experience can set medical facts

3. Documentary Evidence
 A document is an instrument on which is recorded by means of letter, figure or make intended to
be used to the purpose of recording that matter may be evidentially used
 This include evidences such as medical certification, or reports on Medical Examination, Physical
Examination, Autopsy, Laboratory, Exhumation, Birth and Death

4. Experimental Evidence
 A medical witness maybe allowed by the court to confirm his allegation or as a corroborated proof
to an opinion he previously stated

5. Physical Evidence
 These are articles and materials which are founded in connection of the evidences and which aid
in establishing the identity of the perpetrator or the circumstances under which the crime was
committed

FORENSIC BALLISTICS

Ballistics

 Is defined as the “science and motion of projectiles”- motion refers to the movement or mobility;
and projectiles refer to metallic or non-metallic objects propelled from a firearm
 It also refers to the “science of firearm identification”
 It is derived from the Greek word “ballo or ballein” which means literally to throw
 It was also been derived from the name of an early Roman war machine called “ ballista” – a
gigantic bow or catapult which was then used to throw missiles or large objects at a distance like
stones against enemy forces

Firearm Identification

 deals with the study, comparison and identification of weapons alleged to have been used in the
commission of crime
 it involves the examination of ballistics exhibits such as fired bullets, shells, firearms and other
related matters which have been used in crimes

Branches of Ballistics

a. Interior (internal) Ballistics

 Is the branch of this science, which has something to do with the properties and attributes of the
projectile(bullet) while still inside the gun
 It involves:
 Firing pin hitting the primer
 Ignition of the priming mixture
 Combustion of the gun powder
 Expansion of the heated gas
 Development of pressure
 Generation of energy
 Recoil of the gun
 Velocity of the bullet inside the barrel
 Rotation of the bullet inside the bore
 Engravings of the cylindrical surface of bullet
b. Interior (internal) Ballistics
  Is the branch of this science, which has something to do with the attributes and movements of the
bullet after it has left the gun muzzle
 It involves the following:
 Muzzle Blast
 The noise created at muzzle point of the gun
 Muzzle Energy
 Energy generated at muzzle point
 Trajectory
 The actual curve path of the bullet during its flight from the gun muzzle to the target
 Range
 The straight distance between muzzle and the target
 Velocity
 Rate of speed of the bullet per unit of time
 Air Resistance
 Resistance encountered by the bullet while in flight
 Pull of Gravity
 Downward reaction of the bullet towards earth center due to its weight
 Penetration
 Depth of entry on target

c. Terminal Ballistics
 Is the branch of this science that deals with the effect of the impact of the projectile on the target
 It involves the following:
 Terminal Accuracy
 Size of the bullet grouping on the target
 Terminal Energy
 Energy of the projectile when it strikes on the target
 Terminal Penetration
 Depth of entry of the bullet upon striking the target

d. Forensic Ballistics
 this branch of this science involves the investigation and identification of firearms by means of the
ammunitions fired through them
 it include the following:
 Field Investigation
 This is the job done by the first officers on the case in the field or a case under
investigation involving firearms
 It involves recognition, collection, marking, preservation and transmittal of ballistics
exhibits
 Technical Examination of Ballistics Exhibits
 This is the job performed by the firearm examiner within the laboratory involving
marking of evidence fired bullets, evidence fired shells evidenced firearms and other
related laboratory works involving firearms such as photomicrography

The Golden Rule of Criminal Investigation

“Thou shall not touch, move nor alter anything in the crime scene unless it is properly photographed, measured
and sketched or otherwise preserved as not to destroy or contaminate the important criminal things”
LESSON 7
CORRECTION
LEARNING OUTCOMES:

At the end of this lesson, the students are expected to:

1. Distinguish penology from correction.

2. Trace briefly the historical background of correcting criminals
3. Define punishment and identify the reason for it
4. Understand Philippine Penal System
5. Identify the correctional treatment programs for criminals in the Philippines

PENOLOGY- Is the study of punishment for crime or of criminal offender

 - It is a term derived from the Latin word “POENA” which means pain or suffering
- Is also otherwise known as Penal Science
- It is actually a division of criminology that deals with prison management and the treatment of
offenders

PENAL MANAGEMENT is the manner or practice of managing or controlling places of confinement as in jails or
prisons
CORRECTION is a branch of the CJS concerned with the custody, supervision and rehabilitation of criminal
offenders
CORRECTION AS A PROCESS is the reorientation of the criminal offender to prevent him or her from repeating
his delinquent actions without the necessity of taking punitive action but rather introduction of individual
measures of reformation
CORRECTION ADMINISTRATION is the study and practice of a systematic management if jails or prisons and
other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders

HISTORICAL PERSPECTIVE ON CORRECTION

13th Century – Securing Sanctuary

- a criminal could avoid punishment by claiming refugee in a church for a period of 4
days at the end of which time he has compelled to leave the realm by a road or path
assigned to him
th
16 Century
- transportation of criminals was authorized in England but also abandoned in 1835
17 C to late 18th Century
th

- death penalty became prevalent as a form of punishment

COMPENSATION OF A WRONG ACT

Retaliation (Personal Vengeance) is the earliest remedy for the wrong act to any one
Fines and Punishment refers to the acceptance of vengeance in a form of payment

THE EARLY CODES

Babylonian and Sumerian Codes

Code of King Hammurabi
- Babylon, about 1990 BC, credited as the oldest code prescribing savage punishment
Roman and Greek Codes
Justinian Code
- 6th C A.D., wrote by Emperor Justinian of Rome
The Twelve Tables (XII Tabulae)
- the earliest codification of Roman law
Greek Code of Draco
- a harsh code that provides the same punishment for both citizens and slaves
The Burgundian Code (500 A.D)
- the code which specified punishment according to the social class of offenders: dividing
into nobles, middle class and lower class
The Secular Laws
- St. Augustine and St. Thomas Aquinas was some of the proponents
- It distinguished three laws : External Law, Natural Law and Human Law
THE EARLY PRISONS
Mamertine Prison is the only early Roman place of confinement, which is built under the main sewer
of Rome in 64 B.C
Bridewell Work house is the most popular workhouse in London which was built for the employment
and housing of English prisoners
 Walnut Street Jail is originally constructed as a detention jail in Philadelphia and was converted into a
state prison and became the first American Penitentiary

PUNISHMENT AND THE CRIMINAL

Punishment is the redress that the state takes against an offending member of society that usually involves pain
and suffering
- it is the penalty imposed on an offender for a crime or wrongdoing

Ancient Forms of Punishment

1. Death Penalty is affected by burning, beheading, hanging, breaking of the wheels, pillory and other forms
of medieval executions
2. Physical Torture is affected by maiming, mutilation, whipping and other inhumane or barbaric forms of
inflicting pain
3. Social Degradation is putting the offender into shame or humiliation
4. Banishment or Exile- the sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory
5. Other similar forms of punishment like transportation and slavery.

Early Forms of Prison Discipline

1. Hard Labor- productive works

2. Deprivation- deprivation of everything except the essentials of existence
3. Monotony- giving the same food that is “off” diet or requiring the prisoners to perform drab or boring daily
routine
4. Uniformity- “the fault of one is the fault of all”
5. Mass Movement- mass living in cellblocks, mass eating, mass recreation and mass bathing
6. Degradation- uttering insulting words or languages on the part of prison staff to the prisoners to degrade
the confidence of the prisoners
7. Corporal Punishment- imposing brutal punishment or employing physical force to intimidate a delinquent
inmate
8. Isolation or Solitary Confinement- non-communication, limited news, “the lone wolf”

CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment- Putting the offender in prison for the purpose of protecting the public against criminal
activities
- Rehabilitating the prisoners by requiring them to undergo institutional treatment programs
2. Parole- A conditional release of a prisoner after serving part of his sentence in prison for the purpose of
gradually re-introducing him to free life under the guidance and supervision of a parole officer
3. Probation- A disposition whereby a defendant after conviction of an offense, the penalty of which does
not exceed six years imprisonment, is released subject to the conditions imposed by the releasing court
and under the supervision of a probation officer
4. Fine- An amount given as a compensation for a criminal act
5. Destierro- The penalty of banishing a person from the place where he committed a crime, prohibiting
him to get near or enter the 25-km perimeter

JUSTIFICATION OF PUNISHMENT

1. Retribution- the punishment should be provided by the state whose sanction is violated
- offenders should be punished because they deserve it
2. Expiation or Atonement- It is punishment in a form of group vengeance where the purpose is to appease
the offended public or group
3. Deterrence- Punishment gives lesson to the offender
 - Punishment is imposed to warn potential offenders that they cannot afford to do what the
offender has done
4. Incapacitation and Protection- The public would be protected if the offender has being held in conditions
where he cannot harm others especially the public
5. Reformation or Rehabilitation- It is the establishment of the usefulness and responsibility of the offender
- It is helping the prisoners to become a law abiding citizen and productive upon his return to the
community

PIONEERS OF REFORMATION

William Penn- He is responsible for the abolition of death penalty and torture as a form of punishment.
Charles Montesiquieu- He believe that harsh punishment would undermine morality and that appealing to moral
sentiments as a better means of preventing crime.
Voltaire (Francois Marie Arouet)- He believes that fear of shame was a deterrent to crime.
Cesare Bonesa, Marchese de Beccaria- He wrote an essay entitled “An Essay on Crimes and Punishment”-it
represented. the humanistic goal of law
Jeremy Bentham- He believes that whatever punishment designed to negate whatever pleasure or gain the
criminal derives from crime; the crime rate would go down.
- He was the one who devise the ultimate PANOPTICAN PRISON – a prison that consists of a
large circular building containing multi cells around the periphery.
John Howard- He recommended the single cell for sleeping, segregation of women, segregation of youth,
provision of sanitation facilities and abolition of fee system.

THE REFORMATORY MOVEMENT

Alexander Mochanochie- He introduced the “Mark System”- a system in which a prisoner is required to earn a
number of marks based on proper department, labor and study in order to entitle him for a ticket for leave or
conditional release which is similar to parole.
Manuel Montesimos- The one who divided the number of prisoners into companies and appointed certain
prisoners as petty officers in charge, which allowed good behavior to prepare the convict for gradual release.
Domets of France- He established an agricultural colony for delinquent boys in 1839 providing housefathers as
in charge of these boys.
Sir Evelyn Ruggles Brise- The one who opened the Borstal Institution – the one considered as the best reform
institution for young offenders today.
Walter Crofton- He introduced the Irish System that was modified from the Mocanochie’s mark system.
Zebulon Brockway- He introduced certain innovational programs like training school type, compulsory education
of prisoners, casework methods, extensive used of parole, indeterminate sentence.
Elmira Reformatory- Is considered forerunner of modern penology because it had all the elements of a modern
system.

THE TWO RIVAL PRISON SYSTEMS IN THE HISTORY OF CORRECTION

The Auburn Prison System- The prison system called the “Congregate System” – the prisoners are confined in
their own cells during the night and congregate work in shop during the day.
The Pennsylvania- The prison system called “Solitary System”- prisoners are confined in single cells day and
night where they lived, they slept and they ate and receive religious instruction.

PENALTY- Is defined as the suffering inflicted by the state against an offending member for the transgression of
law.

JUDICIAL CONDITIONS OF PENALTY

1. Productive of Suffering- Without affecting the integrity of the human personality.

2. Commensurate with the Offense- Different crimes must be punished with different penalties.
3. Personal- The guilty one must be the one to punished, no proxy.
4. Legal- The consequence must be in accordance with the law.
5. Equal- Equal for all person.
6. Certain- No one must escape its effects.
7. Correctional- Changes the attitude of the offenders and become law abiding citizens.

PENALTIES AS TO GRAVITY

1. Death Penalty- Capital punishment

2. Reclusion Perpetua- Life imprisonment, a term of 20 years and 1 day to 40 years
3. Reclusion Temporal- 12 years and 1 day to 20 years imprisonment
4. Prision Mayor- 6 years and 1 day to 12 years
5. Prision Correctional - 6 months and 1 day to 6 years
6. Arresto Mayor- 1 month and 1 day to 6 months
7. Arresto Menor- 1 day to 30 days
8. Bond to Keep the Peace- Discretionary on the part of the court
Prison-It is penitentiary – an institution for the imprisonment (incarceration) of persons convicted of major/
serious crimes. A building usually with cells for the purpose of taking safe custody or confinement of criminals.
Prisoner- Is a person who is under the custody of lawful authority. A person who by reason of his criminal
sentence or by a decision issued by a court, may be deprived of his liberty or freedom.

GENERAL CLASSIFICATION OF PRISONERS

1. Detention Prisoners. Those detained for investigation, preliminary hearing or awaiting trial. They are
detainee in a lockup jail or prisoners under the jurisdiction of the courts.
2. Sentenced Prisoners. Offenders who are committed to the jail of prison in order to serve their sentence
after final conviction by a competent court. They are under the jurisdiction of penal institution.
3. Prisoners who are on Safekeeping. Includes non-criminal offenders who are detained in order to protect
the community against their harmful behavior.

CLASSIFICATION OF SENTENCED PRISONERS

1. Insular or National Prisoners. Those sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.
2. Provincial prisoners. Those persons sentenced to suffer a term of imprisonment from 6 months and 1
day to 3 years.
3. City Prisoners. Those sentenced to suffer a term of imprisonment from 1 day to 3 years.
4. Municipal Prisoners. Those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.

CLASSIFICATION OF PRISONERS ACCORDING TO DEGREE OF SECURITY

Super Maximum Security Prisoners. A special group of prisoners composed of incorrigible, intractable and
highly dangerous persons who are source of constant disturbances even in a maximum-security prison. They
wear orange color uniform.
Maximum Security Prisoners. It is the group of prisoners whose escape could be dangerous to the public or to
the security of the state. They wear orange color uniform. A prisoner includes those sentenced to serve
sentence 20 years or, more or those who’s sentenced are under the review of the Supreme court
-
Medium Security Prisoners. Those who cannot be trusted in opened conditions and pose lesser danger than
maximum-security prisoners in case they escape. Prisoners who maybe allowed working outside the fence or
walls of the penal institution under guards or with escorts. They wear blue color uniform.

Minimum Security Prisoners. It is a group of prisoners who can be reasonably trusted to serve sentence under
“under conditions”. They wear brown color uniform.

Jail. It is a place for locking – up of person who are convicted of minor offense or felonies that are to serve a
short sentence imposed upon them by a component court. They wear blue color uniform.

TYPES OF JAILS
1. Lock-up Jail. Is a security facility, common to police station, used for temporary confinement of an
individual held for investigation
2. Ordinary Jails. Is the type of jail commonly used to detain a convicted criminal offender to serve sentence
less than three years.
3. Workhouse, Jail Farms or Camp. Those who are undergoing constructive work programs. It provides full
employment of prisoners, remedial services and constructive leisure time activities.

PHILIPPINE PRISON SYSTEM

The Bureau of Corrections

- Bureau of Prison was renamed Bureau of Correction under Executive Order 292 passed during
the Aquino Administration.

COVERAGE OF THE BUREAU OF CORRECTIONS

National Bilibid Prisons (Muntinlupa, Rizal)
New Bilibid Prisons (Main Building)
Camp Sampaguita
Camp Bukang Liwayway
Reception and Diagnostic Center (RDC)
Correctional Institution for Woman (Mandaluyong)
The Penal Colonies:
Sablayan Penal Colony and Farm (Occ. Mindoro)
Iwahig Penal Colony and Farm (Palawan)
Davao Penal Colony and Farm (Central Davao)
San Ramon Penal Colony and Farm (Zamboanga)
Iloilo Penal Colony and Farm (Iloilo Province)
Leyte Regional Prison (Abuyog Leyte)

Bureau of Jail Management and Penology (BJMP)

- Exercises supervision and control over all cities and municipal jails throughout the country
- The enactment of Republic Act no. 6975 created the BJMP
- It operates as a line under the Department of the Interior and Local Government (DILG)
Powers of the BJMP
- The Bureau shall exercise supervision and control over all districts, city and municipal jails to
ensure a secured, clean, sanitary and adequately equipped jail for the custody and safekeeping
of city and municipal prisoners, any fugitive from justice or persons detained awaiting
investigation or trial and/or transfer to the National Penitentiary, and any violent, mentally ill
person who endangers himself or safety of others.
Organization and Key Positions in the BJMP
- The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60, R.A. no.
6975, and initially consisting of uniformed officers and members of the Jail management and
Penology service as constituted under P.D. no. 765.
- The Bureau shall be headed by a Chief with the rank of Director, and assisted by the Deputy
Chief with the rank of Chief Superintendent.
- The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3 Command
Groups Coordinating Staff Divisions, 6 Special Staff Groups and 6 Personal Staff Groups
namely:
1. Command Group
- Chief, BJMP – Deputy C/BJMP – Chief of Staff
2. Coordinating Staff Groups
- Administrative Division, Operations Division, Logistic Division, Finance Management Division,
Research Plans and Program Division, Inspection and Investigation Division
3. Special Staff Group
- General Services Unit, Health Services Unit, Chaplain Services Unit, Community Services Unit,
Finance Services Unit, Hearing Office
 4. Personal Staff Groups
- Aide-de-Camp, Intelligence Office, Public Information Office, Legal Office, Adjudication Office,
Internal Audit

Regional Office
- At the Regional level, each Region shall have a designated Assistant Regional Director for Jail
management and Penology.
Provincial Level
- In the Provincial Level, there shall be designated a Provincial Jail Administrator to perform the
same functions as the ARDs province wide.
District Office
- In the District Level, where there are large cities and municipalities, a district jail with
subordinate jails, headed by a District warden may be established as necessary.
City and Municipal Office
- In the City and Municipal Level, a city or municipal Warden shall head each jail
Rank and Classification of the BJMP
Rank Position/Title Appointing Authority
Director Chief to the BJMP Sec. of DILG
C/Supt. Asst. Regional Director Same
Sn. Supt. Asst. Regional Director Same
Supt. Asst. Regional Director Same
Chief Insp. Warden Under Secretary
Sn. Insp. Warden Same
Inspector Warden Same
Jo1 to SJo4 Jail guards Chief BJMP

Duties and Responsibilities

WARDEN
- Is responsible for the Direction, Coordination and Control of the jail
- This includes the Security, safety, discipline and well-being of inmates
EXECUTIVE CLEMENCIES
Amnesty. A general pardon extended to a group of person, such as political offenders purposely to bring about
the return of dissidents to their home and to restore peace and order in the community
Commutation. An act of the president changing/reducing a heavier sentence to a lighter one or a longer term
onto a shorter term. It may alter death sentence to life sentence or life sentence to a term years. It does not
forgive the offender but merely to reduce the penalty pronounced by the court
Reprieve. A temporary stay of the execution of sentence especially the execution of the Death Sentence. Is
extended to prisoners sentenced to death. The date of execution of sentenced is set back several days to
enable the Chief to study the petition of the condemned man for commutation of sentenced pardon
Pardon . An act of grace extended to prisoners as a matter of right, vested to the Chief Executive as a matter of
power
 LESSON 8
INTRODUCTION TO CRIMINAL LAW
LEARNING OUTCOMES:

At the end of this lesson, the students are expected to:

1. Define criminal law and felony

2. Explain the characteristics of criminal law
3. Identify and describe the circumstances affecting the person’s liability
4. Be familiar with the common terminologies used in understanding criminal law.

CRIMINAL LAW is that branch or division of law, which defines crimes, treats of their nature and provides for
their punishment

Characteristic of Criminal Law

Criminal law has three main characteristics namely: (1) general, (2) territorial and (3) prospective.

General Application

- It has general application because criminal law is binding on all persons who reside or sojourn in
Philippine territory.
- Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, interior waters and maritime zone, without reference
to the person or persons who might violate any of its provisions.
- Art. 14 of the Civil Code provide that penal laws shall be obligatory upon all who live or sojourn in
Philippine territory.

Exceptions to the General Application of Criminal Law

- There are cases where our Criminal Law does not apply even if the crime is committed by a person
residing or sojourning in the Philippines. They constitute the exceptions.

1. The opening sentence of Art. 2 of the Revised Penal Code say that the provisions of this Code
shall be enforced within the Philippine Archipelago, “except as provided in the treaties and laws of
preferential application.”

2. Art. 14 of the Revised Penal Code provides that penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of
public international laws and to treaty stipulations.

3. Treaty or Treaty Stipulations

- An example of treaty or treaty stipulation, as an exception to the general application of our Criminal
Law in the Base Agreement entered into by and between the Philippines and the USA on March 14,
1947 stipulating that “the Philippines consents that the US have the right to exercise jurisdiction over
some particular offences. However, the said Military Bases Agreement already expired on September
16, 1991.

4. Law on Preferential Application

- Republic Act No. 75 may be considered a law of preferential application in favor of diplomatic
representatives and their domestic servants.
 - It is a law to penalize acts which would impair the proper observance by the Republic and inhabitants
of the Philippines of the immunities, rights, and privileges of duly accredited foreign diplomatic
representatives in the Philippines.

5. Principles of Public International Law

- Persons exempt from the operations of our criminal laws by virtue of the principles of public
international law:

 Sovereigns and other chiefs of state;

 Ambassadors;
 Ministers plenipotentiary;
 Minister’s resident; and
 Charges d’ affaires.

- It is well established principle international law that diplomatic representatives, such as ambassadors
or public ministers and their official retinue, possess immunity from the criminal jurisdiction of the
country of their sojourn and cannot be sued, arrested or punished by the law that country.

Territorial Application
- It is territorial, in that criminal law undertakes to punish crimes committed within the Philippine territory.
- Art.2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, its interior waters and marine zone, which constitute
the Philippine territory.

Prospectivity of Criminal Laws

- It is prospective, in that a penal code cannot make an act punishable when committed
- Crimes are punished under the laws in force at the time of their commission
- Art. 21 of the Revised Penal Code provide that no felony shall be punishable by any penalty not
prescribed by law prior to its commission.
- Art. 366 of the Revised Penal Code provide that felonies are punishable under the laws enforced at the
time of their commission.

FELONIES
- Felonies are act and omissions punishable by law (Art. 3, 1st par., RPC)

Two Ways of Committing Felonies

 By means of Dolo (deceit)

 By means of Culpa (fault)

Dolo (deceit)
- There is deceit when the act is performed with deliberate intent.

Requisites of an Intentional Felony

1. The offender must have FREEDOM;

2. The offender must have INTELLIGENCE; and
3. The offender must have INTENT while doing the act or omitting to do the crime

Culpa (fault)
- There is fault when the wrongful act results from imprudence, negligence, lack of foresight or lack of
skill.

Requisites of Culpa
 1. The offender must have FREEDOM while doing the act or omitting to do the act;
2. The offender must have INTELLIGENCE while doing the act or omitting to do the act; and
3. The offender must have IMPRUDENT, NEGLIGENT OR LACK OF FORESIGHT OR SKILL while
doing the act or omitting to do the act.

Classification of Felonies

Felonies are classified according to the means by which they committed into:

1. Intentional Felonies or felonies committed with malice or deliberate intent, and

2. Culpable Felonies or felonies committed as a result of imprudence, negligence, lack of foresight or lack
of skill.

Criminal Liability
Criminal Liability shall be incurred;
1. By any person committing a felony (delito) although the wrongful act done be different from that which
he intended.
2. By any person performing an act which would an offense against persons or property, were it not for
the inherent impossibility of its accomplishment or on account of the employment of inadequate or
ineffectual means.

CIRCUMSTANCES AFFECTING THE PERSON’S LIABILITY

1. Justifying Circumstances- These are the defenses in which the accused is deemed to have acted in
accordance with the law and therefore the act is lawful. Since the act is lawful, it follows that there is no
criminal, no criminal liability and no civil liability
2. Exempting Circumstances-These are defenses where the accused committed a crime but is not
criminally liable. There is a crime, and there is civil liability but no criminal.
3. Mitigating Circumstances-Those which when present results either to: (i) the penalty being reduced by
at least one degree or (ii) the penalty shall be imposed in its minimum period.
4. Aggravating Circumstances-Those which when present will result either to: (i) a change in the nature
of the offense as to make it more serious and result to the imposition of a higher penalty (ii) the
penalty being imposed in its maximum period.
5. Alternative Circumstances-those which may either be appreciated as mitigating or aggravating

REFERENCES

1. Peckley, M.F., et.al., 2010, Essentials of Criminology, Wiseman’s Books Trading ,Inc
2. Guevara, R.M., et.al., 2010, Criminology 101, Wiseman’s Books Trading ,Inc
3. Soriano, O.G., 2008, Introduction to Criminology with Psychology of Crimes, Great Books Publishing
4. Kalalang, S.S., 2011, Introduction to Criminology and Psychology of Crimes, Wiseman’s Books
Trading ,Inc
5. Manwong, R.K., 2008, Fundamentals of Criminology,3rd edition, Wiseman’s Books Trading ,Inc
6. Manwong, R.K., 2006, Fundamentals of Criminology,revised edition, Thomson Learning Asia
7. Manwong, R.K., 2013, Fundamentals of Criminology,4th edition, Wiseman’s Books Trading ,Inc