INTRODUCTION, NATURE AND SCOPE OF CRIMINOLOGY

• The word Criminology is composite of two words; crimin + ology. Literally means, systematic
study of criminals, that is, person who break or offend the social or law. However, since the offences
committed by criminals are crimes, and as crimes occur in the society, the term criminology fully means
study of crimes as well as criminals in relation to society. It also tries to determine their causes of these
and also thereby recommend preventive measures.

• Definition of Criminology

Criminology is the body of knowledge regarding crime as a social phenomenon.

Nature and Scope of Criminology

In 1889, an anthropologist named Paul Topinard, introduces the term criminology in the English
language. He derived the word from the Latin word “krimen”, which can be translated to offense.

According to Prof. Cirilo Tradio, Criminology is a body of knowledge regarding crime as a social
phenomenon. The scope of Criminology covers:

1. The making of laws

2. The breaking of laws

3. The reaction towards the breaking of laws

• Principal division of criminology

In accordance with Sutherland’s discretion of the scope of criminology, we can divide into departments:

a. Sociology of Law. In this we study the nature of crime from legalistic point of view.

b. Criminal Etiology. In this department, a systematic investigation into the various causes of crime
is made.

c. Penology. This aspect is studied systematically and in a scientific manner to achieve control over
crime. The facts and theories in this regard the scope of Penology, an important department of
criminology.

d. Victimology. A branch of Criminology, which deals on the study on what makes a person a victim
of crime.
PERSONS CRIMINALLY LIABLE AND; STAGES IN THE COMMISSION OF CRIMES

• El que es causa de la causa es causa del mal causado

("He who is the cause of the cause is the cause of the evil caused")

•Error in personae

(Mistake in Identity)

•Aberratio Ictus

("Mistake in the Blow")

Praeter Intentionem

• Impossible crime

Those crimes which would have been committed against person or property were it not for the inherent
impossibility of its accomplishment or on account of the employment of inadequate or ineffectual
means.

• Stages of a criminal act

Attempted crime:

A stage of crime wherein the offender starts the commission of a felony directly by overt acts, and does
not perform all the acts of execution which should produce the crime by reason of some cause or
accident other than his own spontaneous desistance. The elements of the criminal offense were initially
executed.

Frustrated Crime:

A crime is frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of
the will of the perpetrator. The elements of the criminal offense were all executed but the main evil
intent of the offender did not take place.

Consummated Crime:

A crime is consummated when all the elements necessary for its execution and accomplishment are
present. The elements of the criminal act were all completely executed thus producing the corpus delicti
(body of the crime).
LEGAL AND CRIMINOLOGICAL CLASSIFICATION OF CRIMES AND ROOT CAUSES OF CRIMES

• Definition of crime

an act or omission in violation of public law forbidding or commanding it.

• Classifications of crime:

a. Offense – is an act or omission that is punishable by special laws.

b. Felony – is an act or omission that is punishable by the Revised Penal Code.

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

d. Mala Inse – the act is wrong from the very beginning

e. Mala Prohibita – the act is wrong because there is law punishing

• The anatomy of crime

These are:

1) Motive

2) Instrumentality

3) Opportunity

SCHOOLS OF THOUGHT IN CRIMINOLOGICAL THEORY

• PRE – SCIENTIFIC SCHOOL / DEMONOLOGICAL SCHOOL

The Demonological School is the most ancient theory to crime and dates backs to pre – scientific age. As
is clear from the very name demonology, according to thinkers belonging to this point of view, the crime
is handiwork of devil. There are godly and satanic forces in the world. The godly forces keep us away
from crime and help us to do well, whereas the devilish force distracts man from the right path and
makes him commit crime.

• CLASSICAL SCHOOL

The classical school was not interested in studying criminals per se, so it gained its association with
criminology though its focus on law making and legal processing.
Two writers of this period, Cesare Beccaria & Jeremy Bentham, wrote the best – known works, and they
are considered to have the most influence. In their writings they opposed the arbitrary and capricious
nature of the criminal justice system of the time.

Edwin H. Sutherland – stated that the classical school of criminology and criminal law are based on the
Hedonistic Psychology that man governs his behavior by considering pleasure.

• NEO – CLASSICAL SCHOOL

It is stated that “Classical Doctrine” is correct in general but should be modified in some model. Children
and lunatics can’t calculate pleasure from pain but should not be regarded as criminals to be punished.

• POSITIVIST SCHOOL

The Positivist saw behavior as determined by its biological, psychological, and social traits. The primary
characteristics focus on criminal behavior instead of on legal issues such as rights, and the prevention of
crime through the treatment and rehabilitation of offenders.