You are on page 1of 6

Republic of the Philippines

NORTHERN ILOILO POLYTECHNIC STATE COLLEGE


VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783

Course Code : CRIM 102


Descriptive Title : THEORIES OF CRIME CAUSATION
Term and Academic Year : 2nd Semester, AY 2022-2023
Department and Year Level : BSCRIM 1
Professor : NELLY L. SUPITER/CHRISMEL JOY S. AGOLITO

Module 2, Lesson 2
The Bio-psychosocial Theories of Crime Causation
I. Introduction
This lesson talks about how the changes of the three components: the “bio”, “psycho” and the “socio” affect
the person’s behavior. The “bio” aspect discusses the things about brain changes, genes, and major body organs
functions. The “psycho” component speaks of the emotions, thoughts, and drive of a person why he or she may resort
to crime and the “socio” component examines how the person socializes with others.

Time Frame: 4 hours Date of Submission:

II. Learning Outcomes:


Upon completion of this lesson, you must have:
1. explained the concepts of bio-psychosocial theories of crime causation;
2. discussed the worst effects of the different syndromes; and
3. cited real-life scenario that is supported by bio-psychosocial theories.

III. Learning Contents


The Bio-psychosocial Model of Crime Causation
The Bio-psychosocial Model of Crime Causation is an integration or combination of both the “bio”, “psycho”,
and the “socio”. The “bio” component of this theory examines aspects of biology that influence health. This might
include things like brain changes, genetics, or functioning of major body organs, such as the liver, the kidneys, or even
the motor system. For example, let’s say Josh met an accident that leaves him with reduced movement in his left arm.
The biological change might influence how he feels about himself, which could lead to depression or anxiety in certain
situations.
The “psycho” component of the theory examines psychological components, things like thoughts, emotions, or
behaviors, Josh might go through many different psychological changes. He might experience decreased self-esteem,
fear of judgment, or fell inadequate in his life or job. These changes in thoughts might lead to changes in behaviors, like
avoiding certain situations, staying at home, or quitting his job. As he engages in these behaviors, his injury might
worsen, or he could suffer further depression and anxiety.
The “social” component of the bio-psychosocial model examines social factors that might influence the health
of an individual, thing like our interactions with others, our culture, our economic status. A possible social factor for
Josh could be his role in his household. Perhaps Josh is a new father. An injured arm might reduce his ability to care for
his new baby. Being unable to fulfill this social role might trigger problems with his wife or other family members,
causing John stress that could lead to further biological or psychological problems.
An important connection to make here is that the elements of the biopsychosocial model are all connected.
Biology can affect psychology, which can affect social well-being, which can further affect biology, and so on. Josh’s
biological state changed, which affected his psychological state and social interactions which all went on to affect each
other again.

Moral Insanity and Criminal Responsibility


Isaac Ray (1807-1881), credited as America’s first forensic psychiatrist was interested throughout his life in the
application of psychiatric principles to the law. The best known author of “ Medical Jurisprudence of Insanity”, a treatise
on criminal responsibility that was widely quoted and influential; where he defended the concept of moral insanity, a
disorder first described in 1806 by the French humanitarian and psychiatrist Philippe Pinel (1745-1826).
Moral insanity was a term used to describe persons who were normal in all respects except that something
was wrong with the part of the brain that regulates affective responses. Ray questioned whether people could be held
legally responsible for their acts if they had such impairment, because such people committed their crimes without
intent to do so.
Henry Maudsley (1835-1918), a brilliant English Medical professor, shared Ray’s concerns about criminal
responsibility. According to Maudsley, some people may be considered either “insane or criminal according to the
standpoint from which they are looked at”. He believed that for many persons, crime is an “outlet which their unsound
tendencies are discharged; they would go mad if they were not criminals,” and “they do not go mad because they were
criminals”.

Module 2, Lesson 2

TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783

The convulsive energy of the homicidal impulse is sometimes preceded by a strange morbid sensation,
beginning in some part of the body and mounting to the brain, very like that when preceding an attack of epilepsy is
known in medicine as the “Aura epileptica”. He observed too that the epileptic convulsions may cease to occur in one
who has been subject to them, and that in their place attacks of moral derangement with more or less maniacal
excitement may appear.
Some habitual offenders he noted to be epileptic or from families in which epilepsy, insanity or other neurosis
existed. Perhaps influenced by Lombrosian theory or by Grohmann who long before Lombroso was born, had described
criminals with defective development, prominent ears, projecting cheek-bones, large lower jaws, deeply placed eyes or
a shifty, animal-like gaze, Maudsley too tended to link epilepsy with physical stigmata of degeneration and thus with
crime.

Insanity defense in Philippine law


Insanity is a defense that could exempt one from criminal liability for acts punishable by the Revised Penal
Code (RPC). Article 12 of the RPC provides:

Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
There is a distinction between imbecility and insanity. According to People v. Almba,

An imbecile is "a person marked by mental deficiency. An insane person is one who has an unsound mind or
suffers from a mental disorder.

This illustrates the point that at least in the Court's regard, the insane can still be inculpated on the basis of still
being able to discern what is right from what is wrong.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the
court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall
not be permitted to leave without first obtaining the permission of the same court.

When insanity is used as a defense, the burden is on the defense as the appellant has to prove that the
perpetrator is insane immediately before the commission of the crime or at the moment of its execution. There should
be proof that the accused acted without discernment.
Centuries-old rules from the West gave birth to the modern standards for determining legal insanity. The
concept of "imbecility" or those who are want of understanding or unable to take care of themselves appeared in de
Praerogatira Regis enacted during the 13th Century in England. Six centuries later in the same jurisdiction, the
M'Naghten Rules were formulated. This became the legal standard for insanity for the next 150 years.

The M'Naghten Rules state:


To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing
of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to
know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what
was wrong.

Such a standard would be thematic for subsequent tests of insanity derivative of the N'Nanghten Rules that
would be in force in Anglo-American jurisdictions. These standards require that one must not know what he was doing
at the time of the commission of the crime. Corollary to this, criminal liability will not be imposed on the offender who
is under a state of insanity as long as he knew what he was doing. The same standard applies in our penal code. The
insane will not be exempt from criminal liability if he acted during a lucid interval.

The earliest case that tackles insanity in this jurisdiction is People v. Bascos of 1922, wherein the accused,
found by a doctor to be a "violent maniac" whose mental state has "continued through many years, was acquitted of
the crime of murder. The law in force then was the old Spanish Penal Code, the language of which on insanity is almost
the same as the existing provision in the RPC. Even at this juncture, to be considered insane would have entailed the
total loss of one's intelligence and reasoning faculties.

In the Philippine jurisdiction, insanity must be proven with the same onus probandi as the crime itself-that is, it
must be proven beyond reasonable doubt. The defendant who alleges insanity must prove the same before the court,
overcoming the presumption of sanity. The reason for the rule is that the State cautiously guards against sane criminals
who might use the defense of insanity to exculpate themselves.

Module 2, Lesson 2

TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783

Different Syndromes
1. Premenstrual Syndrome
Premenstrual Syndrome refers to onset of the menstrual cycle that triggers excessive amounts of the female
sex hormones, which affect antisocial, aggressive behavior. The link between premenstrual syndrome and delinquency
was first popularized more than 25 years ago by Katharina Dorothea K. Dalton (1916-2004), whose studies of English
women (156 newly adult female prisoners) indicated that these females are more likely to commit suicide and be
aggressive and otherwise antisocial just before or during menstruation.
Though in the Philippines, by virtue of Article 253 of the Revised Penal Code, committing suicide is not a crime
but the moment other person will help the woman who is suffering from premenstrual syndrome in the commission of
suicide ,then that person who assisted is liable of “giving assistance to commit suicide”.
Diana H. Fishbein in her study, “Selected Studies on the Biology of Antisocial Behavior,” concludes that there is
in fact an association between elevated levels of female aggression and menstruation. She further argues that:
(1) a significant number of incarcerated females committed their crimes during the premenstrual phase and
(2) that at least a small percentage of women appear vulnerable to cyclical hormonal changes, which makes
them prone to anxiety and hostility.

Emotional and behavioral signs and symptoms


 Tension or anxiety  Trouble falling asleep (insomnia)
 Depressed mood  Social withdrawal
 Crying spells  Poor concentration
 Mood swings and irritability or anger  Change in libido
 Appetite changes and food cravings

Physical signs and symptoms


 Joint or muscle pain  Breast tenderness
 Headache  Acne flare-ups
 Fatigue  Constipation or diarrhea
 Weight gain related to fluid retention  Alcohol intolerance
 Abdominal bloating

Causes
Exactly what causes premenstrual syndrome is unknown, but several factors may contribute to the condition:
1. Cyclic changes in hormones.Signs and symptoms of premenstrual syndrome change with hormonal fluctuations
and disappear with pregnancy and menopause.
2. Chemical changes in the brain.Fluctuations of serotonin, a brain chemical (neurotransmitter) that's thought to
play a crucial role in mood states, could trigger PMS symptoms. Insufficient amounts of serotonin may contribute
to premenstrual depression, as well as to fatigue, food cravings and sleep problems.
3. Depression.Some women with severe premenstrual syndrome have undiagnosed depression, though depression
alone does not cause all of the symptoms.

Treatment
General management includes a healthy lifestyle including:
 Exercise  Smoking cessation
 Emotional support during the premenstrual period  Limitation of alcohol intake
 Salt restriction before the menstrual period  Reduction of refined sugar intake
 Decreased caffeine intake prior to menstruation

All of the above have been recommended and may help symptoms in some women. Furthermore, some
studies suggest that calcium and magnesium supplements may provide some benefit.

2. Battered Child Syndrome


The term “battered child syndrome” was coined by Dr. C. Henry Kempe (1922-1984) and his colleagues in a
landmark article “The Battered Child Syndrome” published in 1962. The syndrome does not establish the culpability of
any particular person; rather, it simply indicates that a child found with serious, repeated injuries has not suffered those
injuries by accidental means. Evidence pf battered child syndrome is used to make the logical inference that only
someone who is regularly caring for the child would have occasion to inflict these types of injuries, an an isolated act by
a stranger would not result in pattern of successive injuries over an extended period of time. Thus, evidence of
battered child syndrome tends to narrow the group of possible child abusers in a criminal proceeding.
“Battered Child Syndrome”, a medical diagnosis based on evidence indicating that the child has been
subjected to a pattern of serious and unexplained abuse. While battered child syndrome is purely a medical diagnosis,

Module 2, Lesson 2

TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783

evidence of past injuries is actually evidence of defendant’s prior bad acts, the consideration of which may lead the jury
to improperly infer that the defendant has a propensity or a character for committing wrongful acts.
The victim, if alive, is often too young or lacks the psychological capacity and/or the courage to testify. Of those
children who take stand, some due to their age are ineffective witnesses. Further, the prosecution can rarely find an
eyewitness to testify, and the accused is often able to fabricate a plausible explanation for the child’s injuries. The
resulting evidentiary void is compounded by the fact that many jurors are unable to accept the idea that a parent or
guardian would intentionally hurt a child. Today, physicians’ role in the case of battered child syndrome is to establish
whether the child received of intentional injuries coming from abusive guardian or parents of the child.

3. Battered Woman Syndrome


Battered Woman Syndrome refers to a scientifically defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of cumulative abuse.
Battered woman syndrome (BWS) is dangerous primarily because it can lead to what some scholars say is
"learned helplessness" -- or psychological paralysis -- where the victim becomes so depressed, defeated, and passive
that she believes she is incapable of leaving her abuser.

Three stages of Battered woman syndrome (BWS):


First, the abuser engages in behaviors that create relationship tension. During this tension building stage, relatively
minor incidents increase the tension in the relationship and culminate in the eruption of violence.

Second, the violent incident where the tension explodes when the abuser commits some form of abuse: physical,
psychological, emotional, sexual, or otherwise. The violence may be short lived or last for few days. Often it is at this
stage that police are notified or legal proceedings begun.

Third, the abuser tries to fix his wrongdoing and apologizes. This third stage is frequently referred to as the
"honeymoon or loving contrition" stage, and involves the abuser making amends for his bad behavior. Promises are
made by the batterer that he will not not violently abuse the woman again. This reinforces the woman’s hope that the
relationship will get better or is at least salvageable. The abuser is forgiven, and the cycle starts all over again.

As the cycle continues, the victim starts to feel that the abuse is her own fault. When the victim takes
responsibility for her own abuse, this develops into "learned helplessness." The victim feels helpless because she has
convinced herself that the abuse is her own fault, yet she cannot understand why the abuse continues if it's her own
fault. She becomes convinced of her helplessness and that the abuse cannot be escaped, absent the most drastic
measures. Thus is borne the psychology of BWS.

Violence Against Women and their Children Act of 2004 or R.A. 9262 contains a provision on Battered Woman
Syndrome. Under the law, a woman suffering the syndrome will be excused from any criminal liability if she kills her
husband. This is an innovation in our criminal law which was recognized by the Supreme Court in the case of People of
the Philippines vs. Genosa (G.R. No. 135981, January 15, 2004).

People vs. Genosa

Marivic Genosa was found guilty by the trial court and appealed the case all the way to the Supreme Court. She
admits to the killing but she prays for her acquittal claiming that she is a battered woman and therefore excused from
any criminal liability. Marivic claimed killing his husband after she was physically abused by him. After trial, the lower
court found her guilty of parricide and sentenced her to death. On appeal to the Supreme Court, Marivic’s lawyer Atty.
Katrina Legarda put forward battered woman syndrome as a defense. In 2004, the concept of Battered Woman
Syndrome was still a novel one even for the High Court. Although the Court thinks that Marivic was a battered woman
she could not be excused because there was no law at that time providing for the battered woman syndrome as a valid
defense. Although the Court believed that Marivic was also a victim and may really be a battered woman, she was still
sentenced but with a lighter penalty because of some mitigating circumstances. The SC’s recognition of the concept of
Battered Woman Syndrome most probably influenced its inclusion in R.A. 9262 as a valid defense.

Battered Woman Syndrome as a Defense

The SC said: “The A battered woman has been defined as a woman who is repeatedly subjected to any forceful
physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern
for her rights. Battered women include wives or women in any form of intimate relationship with men. Furthermore, in
order to be classified as a battered woman, the couple must go through the battering cycle at least twice. Any woman
may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in the situation,
she is defined as a battered woman. Battered women exhibit common personality traits, such as low self-esteem,
Module 2, Lesson 2

TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783

traditional beliefs about the home, the family and the female sex role; emotional dependence upon the dominant male;
the tendency to accept responsibility for the batterers actions; and false hopes that the relationship will improve. More
graphically, the battered woman syndrome is characterized by the so-called cycle of violence, which has three phases:
(1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at least, nonviolent)
phase.” For the defense to be valid these must be present “First, each of the phases of the cycle of violence must be
proven to have characterized at least two battering episodes between the appellant and her intimate partner. Second,
the final acute battering episode preceding the killing of the batterer must have produced in the battered persons mind
an actual fear of an imminent harm from her batterer and an honest belief that she needed to use force in order to save
her life. Third, at the time of the killing, the batterer must have posed probable — not necessarily immediate and actual
— grave harm to the accused, based on the history of violence perpetrated by the former against the latter.

4. Postpartum depression/ Postpartum Stress Syndrome


Postpartum depression may be mistaken for baby blues at first — but the signs and symptoms are more
intense and last longer, and may eventually interfere with your ability to care for your baby and handle other daily
tasks. Symptoms usually develop within the first few weeks after giving birth, but may begin earlier ― during pregnancy
― or later — up to a year after birth.

Postpartum depression signs and symptoms may include:


 Depressed mood or severe mood swings  Fear that you're not a good mother
 Excessive crying  Hopelessness
 Difficulty bonding with your baby  Feelings of worthlessness, shame, guilt or
 Withdrawing from family and friends inadequacy
 Loss of appetite or eating much more than usual  Diminished ability to think clearly, concentrate or
 Inability to sleep (insomnia) or sleeping too much make decisions
 Overwhelming fatigue or loss of energy  Restlessness
 Reduced interest and pleasure in activities you used  Severe anxiety and panic attacks
to enjoy  Thoughts of harming yourself or your baby
 Intense irritability and anger  Recurrent thoughts of death or suicide

Untreated, postpartum depression may last for many months or longer.

5. Postpartum psychosis
With postpartum psychosis — a rare condition that typically develops within the first week after delivery — the
signs and symptoms are severe. Signs and symptoms may include:
 Confusion and disorientation  Excessive energy and agitation
 Obsessive thoughts about your baby  Paranoia
 Hallucinations and delusions  Attempts to harm yourself or your baby
 Sleep disturbances
Postpartum psychosis may lead to life-threatening thoughts or behaviors and requires immediate treatment.

Postpartum depression in new fathers


New fathers can experience postpartum depression, too. They may feel sad or fatigued, be overwhelmed,
experience anxiety, or have changes in their usual eating and sleeping patterns ― the same symptoms mothers with
postpartum depression experience.
Fathers who are young, have a history of depression, experience relationship problems or are struggling
financially are most at risk of postpartum depression. Postpartum depression in fathers ― sometimes called paternal
postpartum depression ― can have the same negative effect on partner relationships and child development as
postpartum depression in mothers can.

Causes
There's no single cause of postpartum depression, but physical and emotional issues may play a role.
 Physical changes.After childbirth, a dramatic drop in hormones (estrogen and progesterone) in your body may
contribute to postpartum depression. Other hormones produced by your thyroid gland also may drop sharply — which
can leave you feeling tired, sluggish and depressed.
 Emotional issues.When you're sleep deprived and overwhelmed, you may have trouble handling even minor
problems. You may be anxious about your ability to care for a newborn. You may feel less attractive, struggle with your
sense of identity or feel that you've lost control over your life. Any of these issues can contribute to postpartum
depression.

Risk factors

Module 2, Lesson 2

TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783

Any new mom can experience postpartum depression and it can develop after the birth of any child, not just
the first. However, your risk increases if:
 you have a history of depression, either during pregnancy or at other times;
 you have bipolar disorder;
 you had postpartum depression after a previous pregnancy;
 you have family members who've had depression or other mood disorders;
 you've experienced stressful events during the past year, such as pregnancy complications, illness or job loss;
 your baby has health problems or other special needs;
 you have twins, triplets or other multiple births;
 you have difficulty breast-feeding;
 you're having problems in your relationship with your spouse or significant other;
 you have a weak support system;
 you have financial problems; or
 the pregnancy was unplanned or unwanted.

IV. Learning Assessment


1. Explain the concepts of bio-psychosocial theories of crime causation.
2. Discuss the worst effects of the following syndromes.
a. Premenstrual syndrome
b. Battered child syndrome
c. Battered woman syndrome
d. Postpartum stress syndrome
e. Postpartum psychosis

3. Cite at least two (2) cases where an offender was suffering from one of the above-mentioned conditions which cause
that person to commit a crime
Each answer shall be evaluated based on the following criteria:
Content ---- 5 points
Organization of ideas ---- 5 points
Total 10 points

V. Enrichment Activities/Outputs
I. When can an offender claim for insanity as a defense? Support your answer.
II. When can a battered woman be exempted from criminal liability? Support your answer.
III. Discuss the three stages of battered woman syndrome.
1. Tension
2. Violent incident
3. Honeymoon phase

VI. References
American Psychiatric Association. (2013). Diagnostic and statistical manual of mental disorders (5th ed.). Arlington, VA:
Author.
Battered woman (2016). Retrieved from https://www.baguioheraldexpressonline.com/battered-woman2/
Findlaw’s team of legal writers. (2018). Battered woman syndrome. Retrieved from https://family.findlaw.com/
domestic-violence/battered-women-s-syndrome.html
Mayo Clinic. (2020). Premenstrual syndrome. Retrieved from https://www.mayoclinic.org/diseases conditions/
premenstrual- syndrome/symptoms-causes/syc-20376780
Mayo Clinic. (2020). Postpartum depression. Retrieved from https://www.mayoclinic.org/diseases-conditions/
postpartum-depression/symptoms-causes/syc-20376617
Panugaling, G. & Cano, G. (2019). Theories of Crime Causation. Sampaloc, Manila: Rex Book Store, Inc.
Republic Act 9262: Anti-Violence Against Women and Their Children Act of 2004. https://pcw.gov.ph/republic-act-9262-
anti-violence-against-women-and-their-children-act-of-2004/
Stoppler, M.C. (2020). Premenstrual syndrome. Retrieved from https://www.medicinenet.com/premenstrual_
syndrome/article.htm

----End of Module 2, Lesson 2----

Module 2, Lesson 2

TheBio
-
psycho

You might also like