Elements of Felony

▪ There must be an act or omission

▪ The act or omission must be voluntary
▪ It must be punishable by law (RPC)

There are two (2) classification of felonies according to the means by which they are
committed, intentional and culpable. In intentional felonies the act is performed with deliberate
intent which means that the offender is performing an act or incurring an omission has the intention to
cause an injury to another. While in culpable felonies the act or omission of a person is not
malicious it is merely the incident of another act performed without malice. Where the crime is
punished by special law, dolo or intent to commit a crime is not essential. It is enough that the offender
has the purpose to commit an act punishable by special law.

Note:
Mala inse – are felonies committed with intent and are wrongful in their nature
Mala prohibitum – are acts which are generally made criminal by special laws.

Legal Classification of Crimes

1. As to the manner crimes are committed

By means of dolo or deceit – when the act was done with deliberate intent.
By means of culpa or fault – when the wrongful act results from imprudence, negligence,
lack of foresight or lack of skill.

2. As to the stages in the commission of crimes

Attempted crimes- when the offender commences the commission of a crime directly by
overt acts and does not perform all the acts of execution which should produce the felony
by reason of some cause or accident other than his own spontaneous desistance

Frustrated Crimes- When the offender has performed all the acts of execution which will
produce the felony as a consequence but which nevertheless do not produce it by reason of
causes independent of the will of the perpetrator
Consummated Crimes- When all the elements necessary for its execution and accomplishment
are present

3. As to the plurality of crimes

Simple Crime – which a single act constitutes only one offense.
Complex Crime – when a single act constitutes two or more grave felonies or when an offense is a
necessary means for committing other.

4. As to the gravity of offense

GRAVE FELONIES – punishable by capital punishment or afflictive penalties
 LESS GRAVE FELONIES – punishable by correctional penalties
LIGHT FELONIES – punishable by arresto mayor or a fine exceeding P200.00

5. As to the basis of criminal act

Crimes against person such as: homicide, murder, physical injuries, rape, etc.
Crimes against property such as: theft, robbery, estafa, etc.
Crimes against chastity such as abduction, acts of lasciviousness, seduction, etc.
Crimes against public order such as rebellion, sedition, coup d’ etat.

Criminological Classification of Crimes

1. As to the result of crimes

DESTRUCTIVE CRIMES - if the crime resulted in destruction, damage or death.
ACQUISITIVE CRIMES - if the offender acquired or gained some material benefits.

2. As to the period committed

SEASONAL CRIMES - happen only during a particular period or time of the year
SITUATIONAL CRIMES - happen when the situation is conducive to its commission or the
opportunity to commit crimes arises.

3. As to the length of time committed

INSTANT CRIMES - crimes that are committed over a short time
EPISODAL CRIMES - crimes that are committed through a series of acts through a period of time

4. As to the location of the commission

STATIC CRIMES - crimes committed only in one place
CONTINUING CRIMES - crimes that take place in more than one place, or even in several places

5. As to the use of mental faculties

RATIONAL CRIMES - crimes committed by an offender who is capable of knowing what he is doing
and understanding the consequences of his actions
IRRATIONAL CRIMES - crimes committed by an offender who is suffering from mental insanity or
other forms of mental disorder

6. As to the type of offenders

WHITE-COLLAR CRIMES - crimes committed by professionals who take advantage of their
knowledge or skill
BLUE-COLLAR CRIMES - crimes committed by ordinary criminals as a source of livelihood

7. As to the standard of living of the criminals

Crimes of the upper world – falsifications cases Crimes of the
underworld – bag snatching
 Note:
Development of crime is composed of two stages which are internal acts or the time a
person conceives the idea of committing a crime and external
act which is the realization of the crime. Internal acts are ideas in the mind of a culprit in
itself is not punishable under our laws. External acts cover preparatory and acts of
execution.

CHAPTER II CRIMINAL PSYCHOLOGY

LESSON 1: STUDY OF CRIMINALS

Lesson Objectives

At the end of this lesson, the student should be able to:

1. determine and classify the different types of criminals; 2. analyze and explain the reasons
behind criminal behavior;
3. discuss the causes of criminal behavior.

In the legal point of view, a criminal is any person who has been found to have committed a
wrongful act in the course on the standard judicial processes. There must be a final verdict of his guilt
in the criminological point of view, a person is already considered a criminal the moment he committed
any anti-social act.

General Classification of Criminals

1. Criminals classified on the basis of etiology:

Acute criminals – people who violate criminal law due to the impulse of the moment, fit of
passion or anger or spell of extreme jealousy.
Chronic criminals – persons who acted in consonance with deliberated thinking such as:
a) Neurotic criminals who refers to insane criminals whose actions arise from intrapsychic
conflict between the social and anti-social components of their personality.
b) Normal criminals who refers to persons whose psychic organization resemble that of
normal individuals except that he identified himself with criminal proto type. c) Criminaloid a term
 which denotes those born criminal type whose unlawful acts are caused by an organic pathological
process

2. Criminals classified on the basis of behavioral system

ORDINARY CRIMINAL - one who commits crimes which do not require specialized or technical
skills. Refers to lowest form of criminal career. They engaged only in typical crimes which
required limited skill. They lack of organization to avoid arrest and convictions
Organized Criminals - these criminals possess a high degree of organization to allow them to
commit to specialized- activities which can be maintained and operated in large scale.
PROFESSIONAL CRIMINAL - one who is highly-skilled and methodical in his operational and uses
such skills in the commission of crimes and receives payment in exchange for the commission of
an offense.

3. Criminals classified on the basis of criminal activities

ACCIDENTAL CRIMINAL - refers to those who commit criminal acts as a result of unforeseen and
unanticipated circumstances
SITUATIONAL CRIMINAL - are those who are not usually considered as criminals but constantly in
trouble with legal authorities.
HABITUAL CRIMINAL - those who continue to commit criminal acts for such varied and diverse
motive due to deficiency of intelligence and lack of self-control.

4. Criminals classified on the basis of mental attitudes

Active Aggressive Criminal- those who commit crimes in an impulsive manner usually due to the
aggressive behavior of the offender, such attitudes are clearly shown in crimes of passion,
revenge or resentment.
Passive Inadequate Criminals- Those who commit crimes because they are pushed to it by
inducement, reward or promise without considering its consequences.
Socialized Delinquent- those who are normal in their behavior but merely defective in their
socialized process, this group belong to the educated respectable members of society who may
turn criminal on involved.

Explanation Criminal Behavior

1. Single or Unitary Cause- argued that crimes are produced only by one factor or variable be they
are social, biological or mental.

2. Multiple Factor Theory- contends that crime is not product of a single cause or factor but a
combination of several factors.

3. Eclectic Theory- contends that crime is one instance may be caused by one or more factors,
while in other instances it is caused another set of factors.
Criminological Classification of Criminals

Based on Etiology

Acute Criminal is one who violates a criminal law because of the impulse or fit of passion.
They commit passionate crimes.

Chronic Criminal is one who commits crime acted in consonance of deliberated thinking. He
plans the crime ahead of time. They are the targeted offenders. Based on Behavioral System

Ordinary Criminal is considered the lowest form of criminal in a criminal career.

He doesn’t stick to crime as a profession but rather pushed to commit crimes due to great opportunity.

Organized Criminal is one who associates himself with other criminals to earn a high degree
of organization to enable them to commit crimes easily without being detected by authorities. They
commit organized crimes.

Professional Criminal is a person who is engaged in criminal activities with high degree of skill.
He is usually one who practices crime as a profession to maintain a living. Based on Activities

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.

Accidental Criminals are those who commit crimes when the situation is conducive to its
commission.

Habitual Criminals are those who continue to commit crime because of deficiency of
intelligence and lack of self – control. Based on Mental Attitudes

Active Criminals are those who commit crimes due to aggressiveness.

Passive Inadequate Criminals are those who commit crimes because they are pushed to it by
reward or promise.

Socialized Delinquents are criminals who are normal in behavior but defective in their
socialization process or development.

Based on Legal Classification

Habitual Delinquent is a person who, with in 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, estafa, or
falsification, is found guilty of any of the said crimes or a third time oftener.

Recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.
 LESSON 2: FACTORS AFFECTING THE DEVELOPMENT AND
EXIXTENCE OF CRIMES

Lesson Objectives
At the end of this lesson, the students should be able to:
1. discuss and determine the factors that influence the criminal act of a person;
2. distinguish the theories explaining the development of traits and behavior of a
person.

The Biological Factors

Men as a living organism have been the focus of a number of studies which has the purpose of
determining the causes of his crimes. Among such studies are the following:

1. Physiognomy – this is the study of the relationship between the facial features and human
conduct of a person in relation to his crimes.

a. observation of his physical appearance

b. measurement of the outward appearance

 Both claimed that bald men, bearded woman, shifty eye, weak chin and arrogant nose are criminal
inclinations.

2. Phrenology or Craniology – this is the analysis of the external formation of the skull that
indicates the conformation of the brain and the development of its various parts in relation to the
behavior of the criminal.

3. Study of Physical Defects & Handicapped in Relation to Crimes – leaders of infamous

criminal groups are typically given monikers in accordance with their physical defects and
handicapped such as funny words “Natong Kirat”, “Brad Balat”, “Pol Duling”, “Asiong Pilay”, “Ruding
Unano”, “Max Komang” and the like. It is very ordinary that these criminals are known by their
physical defects and handicap which was the accustomed source of irritation during their childhood
days wherever they become the subject matter of jokes by others. As an outcome they become
violent, feel inferior to others and or being ostracized by the society. The unfavorable results
therefore, could be the following:

a. Persons who are suffering for physical defects have poor relationship and serious emotional
disturbances.

b. It reduces his capacity to compete economically and socially.

c. It may cause the development of inferiority complex.

d. Persons suffering from defects are frequently annoyed by friends and resort to violent
criminal behavior.

4. Study of Kretschmer by Classifying types of physique and the type of crimes they are
prone to commit:

a. Pyknic Type- Persons who are stout and with round bodies. They tend to commit
deception, fraud and violence.

b. Athletic Type- Persons who are muscular and strong. They usually connected with
crimes of violence.

c. Asthenic Type- Persons who are skinny and slender. Their crimes are petty thievery
and fraud.
 d. Dysplastic or Mixed Type- Persons who are less clear evident having any predominant
type. Their offenses are against decency and morality.

5. Study of William Sheldon (Varieties of Delinquent Youth)

Kinds of Physique

a. Endomorphic Body Type - is manifested by relatively great development of

digestive viscera tendency to put on fat; soft roundness through various regions of the body;
short tapering, limbs; small bones; small velvety skin.

b. Mesomorphic Physique - where there is a relatively predominance of muscles,

bone and the motor organ or the body; large wrist and hands, if lean a hard-rectangular outline.

c. Ectomorphic Physique - build which is evidenced by relatively predominance of

skin and its appendages which include the nervous system lean, fragile, delicate bones droopy
shoulders small face, sharp nose, fine hair relatively small body mass and relatively great area.

Kinds of Temperament

a. Viscerotonic- wherein the behavior shows general relaxation of the body; a

comfortable person; loves luxury; and essentially extrovert person.

b. Romotonic- refers to active dynamic persons, whose walks, talks gestures

assertively and behaves aggressively.

c. Cerebrotonic - persons whose traits are generally classified as introvert full of

functional complaints, allergies skin troubles, chronic fatigue, insomnia; sensitive skin and to
noise; shrinks from crowd.

6. Study of Heredity as the Causes of Crimes – the familiar household lexis like “it is in the
blood” and “like father like son” are usually heard and said whenever there are several members in the
family who are labeled as criminals. Consequently, heredity transmits single traits and characteristics
from parents to children. Criminality of the offspring is used to show and determine the nature of the
parents and nature of their crimes. Although modern criminologists seem not to accept the role of
heredity in the formation of criminal behavior of men, it cannot be denied that it is playing a role as a
contributory factor in the genesis of criminal behavior.

The following are some validation to show the role of heredity in the development of criminality:
 Study of Kallikak Family Tree (Goddard). Martin Kallikak was a soldier of the American
revolutionary war, who while stationed in a small village met and had illicit relations with a
feeble-minded girl. About 489 descendants from this pedigree where traced which included 143
feeble minded and only 46 were normal. Thirtysix were illegitimate, 3 were epileptics, 3
criminals, 8 kept brothels and 82 died in infancy.

At the end of the war, Martin Kallikak, Sr. returned to his home and married a Quaker from a
good family. Out of this union 4967 of the descendants has been traced and all but one was
normal mentally, only two were known to an alcoholic, 1 was convicted of religious offense, 15
died in infancy and no one became criminal or epileptic.

Study of Juke Family Tree (Dugdale & Estabrook). The Juke family consisted of 6 girls most of
whom were illegitimate. One of the six sisters, Ada Juke was known as Margaret, the “Mother
of Criminals.” Dugdale traced from this pedigree 1,200 descendants for 75 years from its
origin and found 280 as paupers, 140 criminals, 60 habitual thieves, 300 infants prematurely
born, 7 murderers, 50 prostitutes, 440 contaminated with sexual diseases, and 30 were
prosecuted for bastardy.
Study of Sir Jonathan Edwards Family Tree. Sir Jonathan Edwards was a famous preacher during
the colonial period. His family tree was traced, none of the descendants was found to be
criminals. Out of his pedigree many became presidents of famous writers, preachers and
teachers.

Geographical Factors

Early criminologist correlated weather, climate, humidity, wind, velocity, atmosphere pressure, rainfall,
nature of soil and other geographical causes to the existence and development of crimes and
criminality. The foregoing is some of the explanations devised by criminologist about geography and
crimes:

North and South Pole – according to Quetelet “Thermic Law of Delinquency” crimes against
person prevail in the south pole and during warm season while crimes against property
predominate in the north pole and cold countries.
Approach to the Equator – according to Montesquieu in his book “The Spirits of
Laws,” 1748 criminality increases in proportion as one approach the equator while alcoholism
increases as one approaches the north and south pole.

Seasons of the Year – crimes against persons are prevalent in summer months than rainy
seasons on the other hand, crimes against property are predominant during rainy season.
Climatic condition directly affects one’s bad tempers and cause criminality. During dry season,
people get out of the houses more to go to beaches, resorts and malls to cool down as result
there is more conglomeration of people and consequently more probability of personal violence.
Soil Formation – more crimes of violence are committed in fertile level lands than in hilly
rugged terrain. Where is more mass of population and there is more irritation. There is also
more frequency of rape in level districts.
 Month of the Year – there is more occurrences of violent crimes during warm moths from April
up to July having its peak in May. This is due to May Festivals, excursions, picnics and other sorts
of festivals wherein people are more in contact with one another.
Temperature – according to Dexter, the number of arrests increases quite regularly with a
marked increase in temperature. The rise of temperature affects the emotional state of the
individual and leads to fighting. The impact of temperature upon females is greater than upon
males.
Humidity and Atmospheric Pressure – according to research and inquiry, large numbers of
assaults are to be found correlated with low humidity and a small number with high humidity. It
was explained that low and high humidity are both vitally and emotionally depressing to the
individual.
Wind (Velocity) – under this study, it was rationalized that during high wind, the number of
arrests were less. It may be due to the presence of more carbon dioxide in the atmosphere that
minimizes the vitality of men to commit violence.

PSYCHOANALYTIC AND PSYCHIATRIC FACTORS

1. Psychoanalytic factors which refers to the analysis of human behavior.

2. Psychiatric factors which focuses on the study of human mind. Studies of human behavior and
mind in relation to the causes of crimes.

Several renowned criminologists have propagated the theories that criminal behavior is developed
among individuals in relation with the development of his human mind, traits and behavior. Among
them are:

▪ AICHORN in his manuscript entitled “Wayward Youth, 1925” argued that the cause of crime
and delinquency is the faulty development of the child during the first few years of his life.

▪ ABRAHAMSEN in his book “Crime and the Human Mind” 1945, explained that origin of
crime by this formula. “Criminal behavior is a result of criminalistics tendencies plus crime
inducing situation divided by the person’s mental or emotional resistance to temptation.”

▪ CYRILL BURT in his book “Young Delinquent, 1325” gave the hypothesis of general
emotionality. According to him many offenses may be traced to either the excess or a
deficiency of a particular instinctive drive. An overload of the submissive instinct account
for the tendency of many criminals to be weak willed or easily led.

▪ HEALY in his book, “Individual Delinquency” asserted at crime is an expression of the

mental content of the individual. Frustration of the individual causes’ emotional anxiety;
 personality demands removal of pain and the pain is eliminated by substitute behavior, that is
commission of crimes and delinquency of the individual.

▪ BROMBERG in his writing, “Crime and the Mind, in 1948” asserted that criminality is the
consequence of emotional immaturity.

▪ SIGMUND FREUD in his book “The Ego and the Id, 1927” in his psychoanalytical theory of
human personality and crimes.

PENALTIES
- ARESTOMINOR - 1 DAY TO 30 DAYS (1DAY TO 1 MONTH)
- ARESTOMAYOR - 30 DAY TO 60 DAYS (1 DAY TO 6 MONTHS)
- PRISON CORRECTIONAL – 6 MONTHS, (1 DAY, TO 6 YEARS)
- PRISON MAYOR – 6 YEARS, (1 DAY TO 12 YEARS)
- RECLUSION TEMPORAL - 12 YEARS, (1 DAY TO 20 YEARS)
- RECLUSION PERPETUA - 20 YEARS, (1 DAY TO 40 YEARS)
- LIFE IMPRISONMENT WHEN WE SAY TURICSION OF PENALTIES
- 40 YEARS TO LIFE

THE GIANELL INDEX OF CRIMINALITY

This crimino-synthesis explains the reason why a person may commit a crime or restrain himself from
doing so under the following circumstances:

▪ Need Frustration. The person before committing the crime is likely to feel angry,
aggrieved, bitter, indignant, unhappy, unsatisfied, and resentful about something in
particular about life in general.

▪ Internal Inhibition. It refers to all types of internal constrain which may prevent a person from
committing a crime.

▪ Contact with Reality. This refers to the extent to which person can learn from his past
experience, especially his past mistakes, as well as to the extent to which he can evaluate
 accurately the present situation and foresee the consequence of his present action in relation to
his future.

▪ Situational Crime Potential. This is centered on the cultural chance and opportunity to
commit the crime.

▪ Potential Satisfaction. This refers to the balance of gain and loss that a person may
experience if he commits a given crime.

MENTAL DISTURBANCES AS CAUSE OF CRIMES

The following are case of mental disturbances which are at times the cause of criminality and
the development of criminal behavior:

1. Mental Deficiency- which is a state of arrested or incomplete development of the mind

existing before the age of 18, whether arising from inherent origin or induced by disease or injury.

Classes of Mental Deficiency:

▪ Idiots – mentality which may be compared to that of 2 years old children. Are persons who
manifest mental defectiveness of such a degree that they are unable to guard themselves
against common physical dangers.
▪ Imbeciles – person’s whose state of mind is similar to a child 2 to 7 years of age, and in whose
case, there exist mental defectiveness which though not amounting to idiocy is yet so evident
that they are incapable of managing themselves or their affairs.

▪ Feeble-minded persons – are persons whose state of mind manifests cases where there exists
mental defectiveness which though not amounting to imbecility, requires care, supervision,
and control for their own protection.
▪ Moral defectiveness – are persons wherein their mental defect exist attached with strong
vicious or criminal propensities, and who require care and supervision, and control for the
protection of others.

2. Schizophrenia - This is sometimes referred to a “dementia praecox” which is a form of

obsession characterized by thinking disturbance and regression to a more relatively in impaired and
intellectual functions is well preserved.
3. Compulsive Neurosis - refers to a state of mind where there is the uncontrollable or
irresistible impulse to do something. Such as:

▪ Pyromania – compulsive desire to set things and objects on fire.

▪ Homicidal Compulsion – the irresistible urge to kill somebody.
▪ Kleptomania – the irrational craving to steal
▪ Dipsomania – the habitual and compulsive desire to drink alcoholic beverages.

4. Psychopathic Personality – which is characterized by infantile level of response, lack of

conscience, wanting feeling of affection from others and aggression to environment and other people.

5. Epilepsy – this is an illness and condition characterized by compulsive seizures and a

tendency to mental deterioration.

Types of Epilepsy:

▪ Grand Mal- there is complete loss of consciousness and general contraction of the muscles
▪ Petit Mal- it may be evident by mild or complete loss of consciousness and contraction of
muscles.
▪ Jacksonian Type- there is localized contraction of muscles with or without loss of consciousness.

6. Alcoholism - is a condition wherein a person is under the influence of intoxicating liquor or

alcohol. His physical state and conduct have been adapted to a certain extent by effects of alcohol.

▪ Chronic Alcoholism- is by a large and progressive illness involving the excessive inappropriate
ingestion of ethyl alcohol whether in the form of familiar alcoholic beverages or as a constituent
of other substance.

7. Drug Addiction - a form of vice abuse which causes strong mental uproar. It is the state of
intermittent or chronic intoxication produced by the repeated intake or consumption of natural or
synthetic drugs.
THE GIANELL INDEX OF CRIMINALITY
This crimino-synthesis explains the reason why a person may commit a crime or restrain himself from
doing so under the following circumstances:

▪ Need Frustration. The person before committing the crime is likely to feel angry,
aggrieved, bitter, indignant, unhappy, unsatisfied, and resentful about something in
particular about life in general.

▪ Internal Inhibition. It refers to all types of internal constrain which may prevent a person
from committing a crime.

▪ Contact with Reality. This refers to the extent to which person can learn from his past
experience, especially his past mistakes, as well as to the extent to which he can evaluate
accurately the present situation and foresee the consequence of his present action in relation to
his future.

▪ Situational Crime Potential. This is centered on the cultural chance and opportunity to
commit the crime.

▪ Potential Satisfaction. This refers to the balance of gain and loss that a person may
experience if he commits a given crime.

MENTAL DISTURBANCES AS CAUSE OF CRIMES

The following are case of mental disturbances which are at times the cause of criminality and
the development of criminal behavior:

1. Mental Deficiency- which is a state of arrested or incomplete development of the mind

existing before the age of 18, whether arising from inherent origin or induced by disease or injury.

Classes of Mental Deficiency:

▪ Idiots – mentality which may be compared to that of 2 years old children. Are persons who
manifest mental defectiveness of such a degree that they are unable to guard themselves
against common physical dangers.

▪ Imbeciles – person’s whose state of mind is similar to a child 2 to 7 years of age, and in
whose case, there exist mental defectiveness which though not amounting to idiocy is yet so
evident that they are incapable of managing themselves or their affairs.
 ▪ Feeble-minded persons – are persons whose state of mind manifests cases where there exists
mental defectiveness which though not amounting to imbecility, requires care, supervision,
and control for their own protection.
▪ Moral defectiveness – are persons wherein their mental defect exist attached with strong
vicious or criminal propensities, and who require care and supervision, and control for the
protection of others.

2. Schizophrenia - This is sometimes referred to a “dementia praecox” which is a form of

obsession characterized by thinking disturbance and regression to a more relatively in impaired and
intellectual functions is well preserved.

3. Compulsive Neurosis - refers to a state of mind where there is the uncontrollable or

irresistible impulse to do something. Such as:

▪ Pyromania – compulsive desire to set things and objects on fire.

▪ Homicidal Compulsion – the irresistible urge to kill somebody.
▪ Kleptomania – the irrational craving to steal
▪ Dipsomania – the habitual and compulsive desire to drink alcoholic beverages.

4. Psychopathic Personality – which is characterized by infantile level of response, lack of

conscience, wanting feeling of affection from others and aggression to environment and other people.

5. Epilepsy – this is an illness and condition characterized by compulsive seizures and a

tendency to mental deterioration.

Types of Epilepsy:

▪ Grand Mal- there is complete loss of consciousness and general contraction of the
muscles

▪ Petit Mal- it may be evident by mild or complete loss of consciousness and contraction of
muscles.
▪ Jacksonian Type- there is localized contraction of muscles with or without loss of
consciousness.

6. Alcoholism - is a condition wherein a person is under the influence of intoxicating liquor

or alcohol. His physical state and conduct have been adapted to a certain extent by effects of alcohol.
 ▪ Chronic Alcoholism- is by a large and progressive illness involving the excessive
inappropriate ingestion of ethyl alcohol whether in the form of familiar alcoholic
beverages or as a constituent of other substance.

7. Drug Addiction - a form of vice abuse which causes strong mental uproar. It is the state of
intermittent or chronic intoxication produced by the repeated intake or consumption of natural
or synthetic drugs.

CHAPTER III THE CRIME SCIENCE and CRIMINAL LAW

Lesson I: The Crime Science

Lesson Objectives

At the end of this lesson, the students should be able to:

1. identify and distinguish the different methods/ means to determine the level of the existence
of crime;
2. compute the amount or rate of crime in a certain area.

Crime Statistics attempts to provide a statistical computation of the level, or amount, of

crime that is prevalent in societies. Given that crime, by definition, is an illegal activity, every way of
measuring it is likely to be inaccurate. There are many ways of assessing crime, including household
surveys or checking hospital or insurance records, but the term “crime statistics” usually refers to figure
compiled by the police and other law enforcement agencies.

Crime Rate - the measure of the rate of occurrence of crimes committed in a given area and time.

Formula:

CRIME VOLUME

CRIME RATE = _______________ X 100,000

TOTAL POPULATION

Crime Volume - the number of crimes reported as to its classification, whether index or non-index,
within a given period.
Formula:
CRIME RATE X TOTAL POPULATION

CRIMEVOLUME= _________________

100,000

INDEX CRIMES - crimes which are sufficiently significant and which occur with sufficient regularity
to be meaningful.

NON-INDEX CRIMES - crimes that are not classified as index crimes.

Crime Science – is the study of crime in order to find ways to prevent, detect and solve
crimes ethically and with regard to the broader social implications of interventions. Three features
distinguish crime science from criminology: it embraces the physical, computer and engineering sciences
as well as the social; it focuses on crime rather than criminals, and it is single-minded about cutting
crime, rather than studying it for its own sake.

Crime analysis is a law enforcement profession dedicated to identification analysis and solutions
to patterns, trends, and problems in crime and disorder. Crime analysts work for all levels of law
enforcement agencies.

The (UCR) Uniform Crime Reports contain official data on crime that is reported to law
enforcement agencies it focuses on index crimes.
 Uniform Crime Reports is a summary-based reporting system, with data aggregated to the city, country,
state, and other geographic levels used primarily in the United States.

CRIMINAL BEHAVIOR

Crime in its legal definition may constitute an intentional act in violation of the criminal law and
penalized by the state a felony, offense or misdemeanor. Criminal behavior, therefore, is an intentional
behavior that violates a criminal code (Bartol, 1995).

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

LESSON 2: FUNDAMENTALS OF CRIMINAL LAW

Lesson Objectives

At the end of this lesson, the students should be able to:

1. understand the fundamentals and nature of criminal law;
2. identify and comprehend the characteristics of criminal law; 3. determine the
theories as the basis of criminal law.

LAW refers to the body of official rules and regulations, generally found in constitutions,
legislation, judicial opinions, and the like, that is used to govern a society and control the behavior
of the its members.

The nature and functions of law diverse throughout history. In modern civilizations, some authorized
body such as legislator or a court enacts the law. It is supported by the coercive power of the state,
which enforces the law by means of appropriate penalties or remedies.

Formal lawful rules and actions are usually distinguished from other means of social control and guides
for behavior such as mores, morality, public opinion, and customs or tradition. A lawmaker may prohibit
what is ethically undesirable.

Law is not entirely a matter of human enactment; it also includes natural law. The best-known version
of the view, that God’s law is supreme, has had considerable influence in Western societies. The civil
rights movement was at least partially inspired by the belief in natural law. Such a belief seems
embedded in the view that law should serve to promote human dignity, as for instance by the law
enforcement of equal rights for all. Muslim societies also embraced a form of natural law, which is
closely linked to the religion of Islam.

Public law affects and involves the relationships within government and those between
governments and individuals. Roman codes were almost entirely limited to the private area as a
consequence public law is usually not codified. In civil-law nation states, sperate administrative courts
pass judgement claims and disputes between the various branches of government and citizens and
many lawyers specialize in public law. In France, Germany, and Italy other courts handle constitutional
issues. Public law is not quite so clearly defined in Great Britain and the US.

Constitutional law is the most extensive and pervasive of any country in the world. It is embodied
in the Constitutions and in the opinions of the Supreme Court rendered over time. The Supreme
Court does more than provide advisory opinions on the Constitution; the power of the judicial review
allows it to annual any legislation or other governmental action that it finds to be in violation of the
Constitution. Through its powers of judicial review and interpretation, the Supreme Court has played a
remarkable role in facilitating the growth of national power and influence by means of decisions about
acts of the legislature and executive branch f the government.

Civil or Private law involves the various relationships that people have with one another and the
rules that determine their legal rights and duties among themselves. The subject is concerned with rules
and principles pertaining to possession, ownership and use of property, contracts between individuals,
family relationships, and redress by way of compensation for harm inflicted on one person by another.

The legal process that concerns relations among nation is classified as international law. Idea and
experience in some form of international law dates from at least the days of the Roman Empire.
International law is almost wholly based on custom and the precedents on which it rests are the acts of
independent governments in their relations with one another, including treaties and conventions. When
treaties and convention are involved, machinery to enforce them exists – either an arbitration or
conciliation procedure or the submission of the dispute to a regional or international court.

Criminal or Penal law is that division or branch of pubic law which defines crimes, treats of its
nature, and provides for their punishment. Act. No. 3815, the Revised Penal Code contains the
Philippine Criminal Law and likewise it is embodied in different special laws and decrees which are penal
in nature. It came into its full implementation on January 1, 1932.

PRINCIPAL PARTS OF REVISED PENAL CODE (RPC)

1. Articles 1 TO 20 – Principles affecting criminal liability

2. Articles 21 to 113 – Provisions on penalties including criminal and civil liabilities

3. Article 114 to 367 – Felonies defined under the different titles

Characteristics of Criminal Law

1. GENERALITY - the provisions of criminal law are equally applicable to all persons within
the Philippine territory, regardless of sex, religion, political beliefs, economic status and other personal
circumstances EXCEPTIONS:

▪ heads of state or country

▪ foreign diplomats and ambassadors

2. TERRITORIALITY - criminal law is enforceable only within the Philippine territorial

jurisdiction, including:

▪ Philippine archipelago – this includes all the islands that comprised the Philippines.

▪ Atmosphere water – includes exclusive Philippine air space.

▪ Maritime zone – the twelve (12)-mile limit beyond our shores. EXCEPTIONS:

1) should commit an offense while on Philippine ship or airship;

2) should forge or counterfeit any coin or currency note of the Philippines;

3) 3) while being a public officer or employee, should commit an offense in the exercise of their
functions; and

4) 4) should commit any of the crimes against national security and law of nations.
5) PROSPECTIVITY - No person may be punished for his act when at the time he committed the
act, it is still not yet punishable by law

6) EXCEPTION:

-penal laws may be given retroactive effect when they are favorable to the accused.

Jurisprudence (Latin jurisprudentia, from jus, “law,” and prudentia, “knowledge”) – refers to the
knowledge of the law and its interpretation, or the science and philosophy of law.

Two Important Theories in Criminal Law

1. Classical Theory

Characteristics:
 ▪ The basis of criminal liability is human free will and the rationale of the penalty is
retribution.
▪ That man is essentially a moral creature with an absolute free will to decide between good and
evil, thereby placing more emphasis upon the effect or result of the felonies act than upon the
man, the criminal himself.
▪ It has endeavored to create a mechanical and direct proportion between crime and penalty.
▪ There is a negligible or little regard to the human element.

2. The Positivist Theory

Characteristics:

▪ That man is occasionally subservient to strange and morbid phenomenon which constraints
him to do wrong, even though contrary to his violations
▪ That crime is basically a social and natural phenomenon and as such, it cannot be
prevented and treated by the application of abstract principles of law and jurisprudence nor
by the imposition of punishment, fixed and determined adequate, but rather by means of
the enforcement of individual measures in each particular case after a meticulous, personal
and individual investigation performed by a competent body of psychiatrists and social
scientists.

Theories as to the Origin of Criminal Law

▪ That criminal law originated from private wrong of tort.

▪ That criminal law originated from the national process of a unified society. ▪ That criminal law

originated from the development of customs, usage and tradition ▪ That criminal law originated

from conflict of interest of different, social groups.

 LESSON 3: APPROACHES AND THEORIES OF CRIME

Lesson Objectives

At the end of this lesson, the students should be able to:

1. describe and discuss the theories involve in explaining the existence of crime;
2. identify the approaches on explaining the crime;
3. identify the renowned personalities and their contributions in the field of criminology.

SUBJECTIVE APPROACHES - deals mainly on the biological explanation of crimes, focused

on the forms of abnormalities that exist in the individual criminal before, during and after the
commission of the crime (Tradio, 1999). Included under this approach are:

1. Anthropological Approach – the study on the physical characteristics of an individual

offender with non-offenders in the attempt to discover differences covering criminal behavior (Hooton).
2. Medical Approach - the application of medical examinations on the individual criminal
explain the mental and physical condition of the individual prior and after the commission of the crime
(Positivist).

3. Biological Approach –the evaluation of genetic influences to criminal behavior. It is noted

that heredity is one force pushing the criminal to crime (Positivist).

4. Physiological Approach – the study on the nature of human being concerning his physical
needs in order to satisfy his ants. It explains that the deprivation of the physical body on the basic needs
is an important determiner of the commission if crime (Maslow).

5. Psychological Approach – it is concerned about the deprivation of the psychological needs

of man, which constitute the development of deviations of normal behavior resulting to unpleasant
emotions (Freud, Maslow).

6. Psychiatric Approach – the explanation of crime through diagnosis of mental diseases as a

cause of the criminal behavior (Positivist).

7. Psychoanalytical Approach – the explanation of crimes based on the Freudian Theory,

which traces behavior as the deviation of the repression of the basic drives (Freud).

OBJECTIVE APPROACHES - The objective approaches deal on the study of groups, social processes
and institutions as influences to behavior. They are primarily derived from social sciences (Tradio, 1999).
Under this are:

1. Geographic Approach – this approach considers topography, natural resources,

geographical location, and climate lead an individual to commit crime (Quetelet).

2. Ecological Approach – it is concerned with the biotic grouping of men resulting to migration,
competition, social discrimination, division of labor and social conflict as factors of crime (Park).

3. Economic Approach – it deals with the explanation of crime concerning financial security of
inadequacy and other necessities to support life as factors to criminality (Merton).

4. Socio – Cultural Approach – those that focus on institutions, economic, financial, education,
political, and religious influences to crime (Cohen).
THEORIES OF CRIME AND THE PIONEERS

PRE-CLASSICAL ERA

The Demonological Theory - Before the development of more scientific theories of criminal
behavior, one of the most popular explanations was Demonology (Hagan, 1990). According to this
explanation individuals were thought to be possessed by good or evil spirits, which caused
good or evil behavior. The theory maintains that criminal behavior was believed to be the result of evil
spirits and demons something of natural force that controls his/her behavior. Centuries ago, Guilt and
innocence were established by a variety of procedures that presumably called forth the supernatural
allies of the accused. The accused were innocent if they could survive an ordeal, or if miraculous signs
appeared. They were guilty if they died at stake, or if omens were associated with them (Bartol, 1995).
Harsh punishments were also given.

This is the earliest theory explaining crime and criminal behavior. It theorized that people
believed that evil spirits or demons entered human body to commit sins. Terms like demons, witches
and windigo were used for people who had turned criminals. The society throughout that it happened
due to evil influence. Supernatural powers were considered the best explanation behind crime and sin. It
was believed that a person did not commit crimes of his own free will but under evil influence (Pratap,
2016). This theory relies upon unreal and mythical explanations.

PRE-TWENTIETH CENTURY THEORIES (18th C – 1738 - 1798)

In the eighteenth century, criminological literature, whether psychological, sociological, or

psychiatric in bent, has traditionally been divided into three broad schools of thought about the causes
of crime: the classical, neo-classical and the positivist schools of criminology.

The Classical School of Criminology

This is the school of thought advocated by Cesare Beccaria whose real name is Cesare Bonesara
Marchese de Beccaria together with Jeremy Bentham (1823) who proposed “Utilitarian Hedonism”, the
theory, which explains that a person always acts in such a way as to seek pleasure and avoid pain.

Cesare Beccaria in his “ESSAY on Crimes and Punishment” presented his key ideas on
the abolition of torture as a legitimate means of extracting confessions. The Classical theory maintains
that man is essentially a moral creature with absolute free will to choose between good and evil
therefore tress is placed upon the criminal himself; that every man is responsible for his act. Freewill
(Beccaria) – a philosophy advocating punishment severe enough for people to choose, to avoid criminal
acts. It includes the belief that a certain criminal act warrants a certain punishment without any
punishment without any variation. Hedonism (Bentham) – the belief that people choose pleasure
and avoid pain.

Principles underlying this theory:

1. Viewed human behavior as essential rational in nature:

2. Felt that people had the ability to choose right from wrong;
3. Believed that the major element governing a person’s choice of action was the basic human desire to
obtain pleasure and to avoid pain.

To sum up these principles under this theory it is mainly concern with an explanation of crime. It is
completely concentrated on the criminal act.

People have the ability to choose right from wrong, good from evil. His explanation for criminal
behavior included the idea that people are basically hedonistic, that is, they desire to a high degree of
pleasure and avoid pain. People who choose to commit criminal acts think they stand to gain more than
they risk losing by committing the crime. All these ideas of Jeremy Bentham were premised under the
principle of utilitarianism.

What is utilitarianism?

Utilitarianism is the doctrine that the purpose of all actions should bring about the greatest happiness
for the greater number of people. It means that human beings are hedonistic (pleasure-seeking) and
act only in their own self-interest.

The Neo-Classical School of Criminology

The neo-classical school of criminology argued that situations or circumstances that made it
impossible to exercise freewill are reasons to exempt the accused from conviction. This school of
thought maintains that while the classical doctrine is correct in general, it should be modified in certain
details, that children and lunatics should not be regarded as criminals and free from punishment, it must
take into account certain mitigating circumstances.

The Positivist/Italian School (1838 – 1909)

It maintained that crime as any other 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 but rather rehabilitation or the enforcement of individual measures. Cesare
Lombroso and his two students, Enrico Ferri and Rafaele Garofalo advocated this school.

Cesare Lombroso (1836 – 1909) – The Italian leader of the positivist school of criminology,
was criticized for his methodology and his attention to the biological characteristics of offenders, but his
emphasis on the need to study offenders scientifically earned him the “father of modern
criminology.” His major contribution is the development of a scientific approach to the study of
criminal behavior and to reform the criminal law. He wrote the essay entitled “CRIME: Its Causes and
Remedies” that contains his key ideas and the classifications of criminals.

Positivism emphasizes the techniques of observation, the comparative method, and

experimentation in the development of knowledge concerning human behavior and the nature of
society. It also stressed the idea that much of our behavior is a function of external forces such as our
mental capabilities and biological makeup. This theory further argued that human behavior is pre-
disposed and fully determined by individual differences and biological traits meaning it is not free will
that drives people to commit crimes.
Classifications of Criminals by Lombroso

1. Born Criminals – there are born criminals according to Lombroso, the belief that being criminal
behavior is inherited.

2. Criminal by Passion – are individuals who are easily influenced by great emotions like fit of anger.

3. Insane Criminals – are those who commit crime due to abnormalities or psychological disorders. They
should be exempted from criminal liability.

4. Criminaloid – a person who commits crime due to less physical stamina/self-control.

5. Occasional Criminal – are those who commit crime due to insignificant reasons that pushed them to
do at a given occasion. 6. Pseudo-criminals – are those who kill in selfdefense.

Enrico Ferri (1856 – 1929) – He was the best-known Lombroso’s associate. His greatest
contribution was his attack on the classical doctrine of free will, which argued that criminals should be
held morally responsible for their crimes because they must have made a rational decision to commit
the crime.

The Five-Fold Scientific Classification of Criminal (according to Enrico Ferri)

1. Born or Instinctive Criminal. One who carries from birth, through unfortunate heredity from his
ancestors, a reduced resistance to criminal stimuli and also an evident and developed tendency to
crime.

2. Insane Criminal. One who is affected by a clinically identified mental disease or by a

neuropsychopathic condition which groups him with the mentally disease.

3. Passional Criminal. One who, in two varieties, the criminal through passion (a prolonged and
chronic mental state), or through emotion (explosive and unexpected mental state), represents a type
at the opposite pole from the criminal due to congenital tendencies.

4. Occasional Criminal. One who constitutes the majority of lawbreakers and is the product of
family and social milieu more than of abnormal personal physio mental conditions.

5. Habitual Criminals. The criminal by acquired habit who is mostly a product of the social
environment in which, due to abandonment by his family, lack of education, poverty, and bad
companions, already in his childhood begins as an occasional offender.
 According to Ferri, “classes of criminals do not exist in nature however, they are a necessary
“instrument by which the human mind can better understand the multiform reality of things.” On the
other hand, he also emphasizes the significance and interrelatedness of social, economic, and political
factors.

In the book of Ferri on “Criminal Sociology” he pointed out the following as the causes of crimes:

1. physical (race, climate, geographic location, seasonal effects, temperature, etc.)

2. anthropological (age, sex, somatic (body) conditions, psychological conditions, etc.)

3. social (density of populations, customs, religion, organization of government, economic and industrial
conditions, etc.)

Raffaele Garofalo (1852 – 1934) – Another follower of Lombroso, an Italian nobleman,

magistrate, senator, and professor of law. Like Lombroso and Ferri, he rejected the doctrine of free will
and supported the position that the only way to understand crime was to study it by scientific methods.
Influenced on Lombroso’s theory of atavistic stigmata (man’s inferior/ animalistic behavior), he traced
the roots of criminal behavior not to physical features but to their psychological equivalents, which he
called “moral anomalies”.

Four Types of Criminals on the Basis of Moral Deficits

(According to Raffaele Garofalo)

1. Murderer – The man in whom altruism is wholly lacking and whose sentiments of both pity and
probity are absent, and such a criminal will steal or kill as the occasion arises.

2. Violent Criminal – those characterized by the lack of pity (may also commit crimes of passion,
sometimes under the influence of alcohol; such crimes are indicative of inferior innate moral capacities;
certain environments contribute to crimes against property).

3. Thief – those thieves who lack probity (such offenses are committed by a small minority of the
population).

4. Lascivious Criminal – a group of sexual offenders whose conduct is characterized less by the
absence of the sentiment of pity than by a low-level moral energy and deficient moral perception.

Raffaele Garofalo rejected the doctrine of free will because he believed that the crime and criminal
behavior can be understood only by using scientific methods, and that science deals with universals.

The Classical and Positivist School

Classical School Positivist School
 Legal definition of crime No to legal definition
Punishment fit the crime Punishment fit the criminal
Doctrine of free will Doctrine of determinism
Death penalty allowed Abolition of death penalty
No empirical research Inductive method
Definite sentence Indeterminate sentence

EARLY TWENTIETH CENTURY THEORIES

1. David Emile Durkheim (French, 1858 - 1917) - He advocated the “Anomie Theory”, the
theory that focused on the sociological point of the positivist school, which explains that the absence of
norms in a society provides a setting conductive to crimes and other anti-social acts. According to him,
the explanation of human conduct lies not in the individual but in the group and the social organization.

2. Sigmund Freud (1856 - 1969) - Psychologists have considered a variety of possibilities to

account for individual differences – defective conscience, emotional immaturity, inadequate childhood
socialization, maternal deprivation, and poor moral development. The Freudian view on criminal
behavior was based on the use of Psychology in explaining an approach in understanding criminal
behavior – the foundation of the Psychoanalytical theory.

3. Robert Ezra Park (1864 - 1944) - Park is a strong advocate of the scientific method in
explaining criminality but he is a sociologist. He advocated the “Human Ecology Theory”. Human
Ecology is the study of the interrelationship of people and their environment. This theory maintains that
crime is a function of social change that occurs along with environmental change. It also maintains that
the isolation, segregation, competition, conflict, social contract, interaction and social hierarchy of
people are the major influences of criminal behavior and crimes.

MIDDLE TWENTIETH CENTURY

1. Ernest Kretschmer (1888 – 1964) - The idea of somatotyping was originated from the work
of a German Psychiatrist, Ernest Kretschmer, who distinguished three principal types of physique as:

a. Asthenic – lean, slightly built, narrow shoulders

b. Athletic – medium to tall, strong, muscular, course bones

 c. Pyknic – medium height, rounded figure, massive neck, broad face

Kretschmer related this body physique to various psychotic behavioral patterns: Pyknic to manic
depression, asthenic and athletics to schizophrenia.

2. William H. Sheldon (1898 – 1977) - Sheldon is an influenced of the Somatotype School of

Criminology, which related body built to behavior. He became popular of his own Somatotyping
Theory. His key ideas are concentrated on the principle of “Survival of the Fittest” as a behavioral
science. He combines the biological and psychological explanation to understand deviant behavior.
Sheldon’s “Somatotyping Theory” maintains the belief of inheritance as the primary determinants of
behavior and the physique is a reliable indicator of personality.

Note: Somatotyping is the classifying of people into types according to body build.

Classification of Body Physique by Sheldon

a. Endomorphy – a type with relatively predominance of soft, roundness throughout the regions
of the body. They have low specific gravity. Persons with typically relaxed and comfortable disposition.

b. Mesomorphy – athletic type, predominance of muscle, bone and connective tissue, normally
heavy, hard and firm, sting and tough. They are the people who are routinely active and aggressive, and
they are the most likely to commit crimes.

c. Ectomorphy – thin physique, flat chest, delicacy through the body, slender, poorly muscled.
They tend to look more fatigue and withdrawn.

3. Edwin Sutherland (1883 - 1950) - Sutherland has been referred to as “the most important
criminologist of the twentieth century” because his explanation about crime and criminal behavior can
be seen as a corrected extension of social perspective. For this reason, he was considered as the “Dean
of Modern Criminology.” He said that crime is learned and not inherited. He advocated the DAT –
Differential Association Theory, which maintain that the society is composed of different group
organization, the societies consist of a group of people having criminalistic tradition and anti-
criminalistic tradition. And that criminal behavior is learned and not inherited. It is learned
through the process of communication, and learning process includes technique of committing the
crime, motive and attitude.
4. Walter Reckless (1899 - 1988) - The Containment Theory assumes that for every
individual there exists a containing external structure and a protective internal structure, both of which
provide defense, protection or insulation against crime or delinquency. According to Reckless, the outer
structure of an individual are the external pressures such as poverty, unemployment and blocked
opportunities while the inner containment refers to the person’s self-control ensured by strong ego,
good self-image, well developed conscience, high frustration tolerance and high sense of responsibility.
(Adler, 1995) 5. 5. Karl Marx, Frederick Engel, Willem Bonger (1818 -1940) -They are the
proponents of the Social Class Conflict and Capitalism Theory. Marx and Engel claim that the
ruling class in a capitalist society is responsible for the creation of criminal law and their ideological
bases in the interpretation and enforcement of the laws.

All are reflected in the ruling class, thus crime and delinquency are reflected on the demoralized
surplus of population, which is made up of the underprivileged usually the unemployed and
underemployed. Willem Bonger, a Marxist-Socialist, on the other hand, placed more emphasis on
working bout crimes of economic gain. He believes that profit -motive of capitalism generates an
egoistic personality. Hence, crime is an inevitable outcome.

SOCIAL STRUCTURE THEORIES - hold that delinquency is a function of a person’s place in the
economic structure. The following are the sub-theories:

▪ SOCIAL DISORGANIZATION THEORY - popularized by Clifford Shaw and Henry McKay.

According to this theory, crimes in the urban areas are more prevalent because residents
have impersonal relationships with each other
▪ STRAIN THEORY - strain refers to the individual’s frustrations, anger and
resentment. Strain is caused by their inability to have, achieve and possess their desires in life,
whether material or non-material things

Robert Merton is the premier sociologist of the modern days who, after Durkheim,
also related the crime problem to anomie. He advocated the Strain Theory, which maintains
that the failure of man to achieve a higher status of life caused them to commit crimes in order
for that status/goal to be attained. He argued that crime is a means to achieve goals and the
social structure is the root of the crime problem. Merton’s explanation to criminal behavior
assumes that people are law abiding but when under great pressure will result to crime.

▪ CULTURAL DEVIANCE THEORY - give emphasis on the concept of culture and sub-culture

-because people in the lower class feel isolated due to extreme deprivation and poverty,
they tend to create a sub-culture with its own set of rules and values
 - criminality is an expression of conformity to lower class subcultural values. Members
of the working class commit crime as they respond to the cultural norms of their own class in an
effort to deal with problems of social – middles class adjustment.

SOCIAL PROCESS THEORIES - view delinquency as a result of poor or faulty socialization or

upbringing

▪ DIFFERENTIAL ASSOCIATION THEORY - formulated by Edwin Sutherland, this

theory states that criminality can be learned through socialization
- criminal behavior is influenced by the people with whom the individual has regular and
frequent contact with

▪ DIFFERENTIAL REINFORCEMENT THEORY - individual’s behavior depends on how

people around him react towards his behavior. A behavior is reinforced when the individual
gains something from it

- a behavior will be extinguished if the individual is punished for his behavior

▪ NEUTRALIZATION THEORY (DRIFT THEORY)- introduced by David Matza and Gresham

Sykes

- people know when they are doing something wrong, however, they rationalize and
justify their actions this rationalizing is what is called “neutralization”

- It maintains that an individual will obey or disobey societal rules depending upon his or
her ability to rationalize whether he is protected from hurt or destruction. People become
law abiding if they feel they are benefited by it and they violate it if these laws are not
favorable to them.

SOCIAL REACTION THEORY (LABELLING THEORY) - views delinquent acts and criminality as
products of stigma and labeling

-states that people become criminals when significant members of society label them as such and they
accept those labels as a personal identity

Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - 1982) - They are the
advocates of the Labeling Theory – explains about social reaction to behavior. The theory maintains that
the original cause of crime cannot be known, no behavior is intrinsically criminal, behavior becomes
criminal if it is labeled as such.

SOCIAL CONTROL THEORIES - maintain that everybody has the potential to become a criminal
but most people are controlled by their bonds to society
 - the social control being referred to are the agencies of social control, such as family,
school, religion or church, government and other institutions. The following are the sub-
categories:

▪ CONTAINMENT THEORY - proposed by Walter Reckless

-containment means the forces within and outside the individual that has the power to
influence his actions

-inner containments refer to positive self-concept, tolerance for frustration and ability
to set realistic goals

SOCIAL BOND THEORY - This theory does not address the causes of crime, but rather focuses on
why people obey the law. In other words, it explains conformity rather than deviance. This theory is
associated with the work of Travis Hirschi (1969), an American social scientist who proposed that
people generally conform to social norms due to strong social bonds. He views crime as a result of
individuals with weakened bonds to social institutions

- it simply suggests that individuals will commit criminal or delinquent acts when their ties
to society are weakened or have broken. When the bonds are strong an individual will
refrain from criminal activity.

-according to this theory, there are four (4) elements of social bonds: ATTACHMENT,
COMMITMENT, INVOLVEMENT and BELIEF

▪ Differential Opportunity Theory- Advocated by Lloyd Ohlin. This theory explained that the
society leads the lower class to want things. It claimed that there is a differential opportunity
or access to success goals by both legitimate and illegitimate means, depending on the specific
location of the individual within the social structure.

▪ Strain Theory – proponent Emile Durkheim; stated that crime is a normal part of society. He
introduced the concept of ANOMIE, the absence of social norms, disorder due to lack of
common values shared by individuals, lack of respect for authority and lack of appreciation for
what is acceptable and not in society.

This theory explains the breakdown of social norms that often accompanies rapid social change.
A concrete example is when old rules or values are no longer relevant and new values or rules are
indirect conflict with old rules and values.

Merton argued that when individuals are faced with gap between their goals (usually finances/
money related) and their current status, strain occurs. When faced with strain, people have five
ways to adapt:
 a. Conformity – pursing cultural goals through socially approved means.

b. Innovation – using socially unapproved or unconventional means to obtain culturally

approved goals. Example: dealing drugs or stealing to achieve financial security.

c. Ritualism – using the same socially approved means to achieve less elusive goals (more
modest and humbler).

d. Retreatism – to reject both the cultural goals and the means to obtain it, then find a way to
escape it.

e. Rebellion – to reject the cultural goals and means, then work to replace them.

OTHER THEORISTS

1. Charles Darwin’s Theory (1809 - 1882) - In the theory of evolution, he claimed that
humans, like other animals, are parasite. Man is an organism having an animalistic behavior that is
dependent on other animals for survival. Thus, man kills and steals to live.

2. Charles Goring’s Theory (1870 - 1919) - The medical officer in prison in England who
accepted the Lombroso’s challenge that body physique is a determinant to behavior. Goring concluded
that there is no such thing a physical chemical type. He contradicted the Lombroso’s idea that
criminality can be seen through features alone. Nevertheless, Goring accepted that criminals are
physically inferior to normal individuals in the sense that criminals tend to be shorter and have less
weight than non-criminals.

3. Earnest Hooton’s Theory (1887 - 1954) - An Anthropologist who reexamined the work of
Goring and found out that “Tall thin men tend to commit forgery and fraud, undersized men are thieves
and burglars, short heavy person commit assault, rape and other sex crimes; whereas mediocre
(average) physique flounder around among other crimes.” He also contended that criminals are
originally inferior; and that crime is the result of the impact of environment.

4. Adolphe Quetelet (1796 - 1874) - Quetelet was a Belgian Statistician who pioneered
Cartography and the Carthographical School of Criminology that placed emphasis on social statistics. He
discovered, basing on his research, that crimes against persons increased during summer and crimes
against property tends to increase during winter.
5. Albert Cohen (1918) - He advocated the Sub-Culture Theory of Delinquency. Cohen
claims that the lower class cannot socialize effectively as the middle class in what is considered
appropriate middle-class behavior. Thus, the lower class gathered together share their common
problems, forming a subculture that rejects middle class values. Cohen called this process as reaction
formation. Much of this behavior comes to be called delinquent behavior; the subculture is called a gang
and the kids are called delinquents. He put emphasis on the explanation of prevalence, origins, process
and purposes as factors to crime.

6. Marxist Theory – argues that those who own the means of production (e.g., factories,
businesses) have the greatest power. This group – the capitalist class – uses its power for its won
advantage. Capitalists work for the passage of laws that criminalize and severely sanction the “street”
crimes of lower-class persons, but ignore or mildly sanction the harmful actions of business and industry
(e.g., pollution, unsafe working conditions).

7. Feminist Theory – this theory focusses on gender differences in power as a source of crime.
It addresses two issues: why are males more involved in most forms of crimes than females, and why do
females engage in crimes. Most theories of crime were developed with males in mind; feminists argue
that the causes of female crime differ somewhat from the causes of male crime.

8. Earl Richard Quinney (1934) – He was a Marxist criminologist who advocated the
Instrumentalist Theory of capitalist rule. He argued that the state exists as a device for controlling
the exploited class – the class that labors for the benefit of the ruling class. He claims that upper classes
create laws that protect their interest and t the same time the unwanted behavior of all other members
of society. Quinney major contribution is that he proposed the shift in focus from looking for the causes
of crime from the individual to the examination of the Criminal Justice System for clues.

Lesson 4: VICTIMOLOGY

Lesson Objectives

At the end of this lesson, the students should be able to:

1. discuss the fundamentals of victimology

 2 . analyze the contribution of victim/s to the commission of crime;

3. understand the importance of studying victimology;

VICTIMS OF CRIME
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. (Schmalleger, 1997). It is also the study of the
relationship between victims and offenders.
Victimology aims to answer the following questions:
1. Why does a person become a victim of crime?
2. Why are certain people victimized more than the others?
3. What makes a person a target of offenders?

Note:
BENJAMIN MENDELSOHN - coined the term, victimology, in the 1940’s in Romania

HANS VON HENTIG - recognized as the father of victimology

KINDS OF VICTIMS
1. DIRECT OR PRIMARY VICTIM - the person who was actually harmed because of the
commission of the offense
2. INDIRECT OR SECONDARY VICTIM - refers to the family or loved ones of the victims
VICTIM PATTERNS - age, gender, marital status, educational background, level of education, income,
occupation, lifestyle or habits, ecology and victim-offender relationships are some of the factors that
affect victimization risks.

PSYCHOLOGICAL TYPES OF VICTIMS

1. The Depressed – submissive by reason of emotional condition

2. The Acquisitive or Greedy – a person who wants more than what is sufficient.
3. The Wanton or Overly Sensual – a person ruled by passion and thoughtlessly seeking pleasure.

4. The Lonesome – a person who is eventually becomes a victim by virtue of wanting companionship
or affection.

5. The Heartbroken – one who is emotionally disturbed by virtue of heartaches and pains.

6. The Tormented – a victim of who ask for it

CRIME TYPOLOGY
TYPOLOGY - a means of classifying into categories defined by some common denominator. A manner
of classifying according to general types
1. VIOLENT CRIME - is the use of force exercised without excuse or justifiable cause to achieve
a goal at the expense of a victim

VIOLENCE - the use of physical force, threat or intimidation by one person against another
-can be the primary motive of the offender or the means to achieve the primary motive of the
offender such as – murder, rape, physical injuries, arson and terrorism.
2. ECONOMIC CRIME - any act characterized by fraud, concealment or a violation of trust and
are not dependent upon the application or threat of physical force or violence
- a crime committed to gain profit within an otherwise legal business includes tax evasion,
fraud and embezzlement in otherwise legal corporations
3. PUBLIC ORDER CRIMES - refer to offenses which have been called vice offenses,
consensual offenses, victimless crimes or even nuisance offenses
-these crimes range from something as serious as the use and sale of dangerous drugs and
prostitution to something as minor as public disturbance due to excessive alcoholic consumption or
public drunkenness
4. COMPUTER OR CYBERCRIMES - any crime accomplished through special knowledge of
computer technology
-any crime where computer is used as a tool or as a target or incidental to the commission of a crime