Criminal Etiology

(Breaking of Laws)
 Definition of Terms
• CRIMINAL ETIOLOGY – is an attempt to scientifically analyze the cause of
crime (Edwin H. Sutherland and Donald R Cressey ).
• LAW – rule of conduct, just and obligatory promulgated by competent authority
for common observance and benefit.
• CRIME – is an act or omission whether committed or omitted in violation of a
public law forbidding or commanding it. Either Felony or an Offense in general
term as being used.
• ACT – a bodily movement that produce injury or adverse to others by external act.
• OMISSION – is meant in action, the failure to perform a positive duty which one
is bound to do.
• FELONY – is the act or omission punishable by Revised Penal Code (Act no.
3815)
-In America Middle English offence, offense "assault, breach of law, causing
of displeasure," borrowed from Anglo-French offense, borrowed from Latin
offense "encounter with an obstacle, injury, wrong," noun derivative from
feminine of offensus, past participle of offendere "to strike against, break a
rule, displease" — more at offend
• OFFENSE – it is the generic term for felony and crime. (Special Penal Laws)
- Middle English offence, offense "assault, breach of law, causing of
displeasure,“ borrowed from Anglo-French offense, borrowed from Latin
offensa "encounter with an obstacle, injury, wrong," noun derivative from
feminine of offensus, past participle of offendere "to strike against, break a
rule, displease" — more at offend
 What is Misdemeanor?
• It
comes from demeanor, which means “behavior toward others” or
“outward manner” (as in “his quiet demeanor”), itself derived from
the verb demean, which means “to conduct or behave (oneself)
usually in a proper manner”—not to be confused with the other and
much more common verb demean that means “to lower in character,
status, or reputation” (as in “I won’t demean myself by working for
so little money”). These two verbs are spelled the same way but come
from different roots
• A minor wrong doing
The Enlightenment also
called the Age of Reason
• Thomas Hobbes (1588-1679)
1. Thomas Hobbes (1588-1679)
Social contract - the enlightenment era concept is human
beings abandon their natural states of individual freedom
in order to join together and form society.
Although in process of forming a social contract,
individuals surrender some freedoms to society as whole
government, once form is obligated to assume
responsibilities of providing protection and and ensure
the well-being of the citizens.
• John Locke (1632-1704)
2. John Locke (1632-1704)
Human Understanding (1690)
natural human condition at birth is akin to that of blank
state upon which interpersonal encounters and other
experiences indelibly inscribe the traits of personality
In contrast to earlier thinkers, who assumed that people
are born with certain innate propensities and even
rudimentary intellectual concepts and ideas Locke
ascribed the bulk of adult human qualities to life
experiences.
• Jean
Jacques Rousseau
(1712-1778)
3. Jean Jacques Rousseau (1712-1778)
• Social contract
• human beings are basically good and fair in their natural
state
• buthistorically were corrupted by the introduction of
shared concepts and joint activities such as property,
agriculture, science and commerce
• Asa result, social contract emerged when civilized
people agreed to establish government and system of
education to correct problems and inequalities.
• Thomas Paine (1737-
1809)
4. Thomas Paine (1737-1809)
• English-American political theorist and author of The
Right ‘s of Man (1791-1792)
• defended the French Revolution, arguing that only
democratic institution could guarantee the natural rights
of individuals.
• Natural Rights are according to natural law theorist , the
rights individuals retain in face of government action
and interest.
• CESARE LOMBROSO
CESARE LOMBROSO
• considered the FATHER OF MODERN CRIMINOLOGY due to his
application of modern scientific methods to trace criminal behavior,
however, most of his ideas are now discredited
• he claimed that criminals are distinguishable from non-criminals
due to the presence of atavistic stigmata – the physical features of
creatures at an earlier stage of development
• he asserted that crimes are committed by those who are born with
certain recognizable hereditary traits
• according to his theory, criminals are usually in possession of huge
jaws and strong canine teeth, the arm span of criminals is often
greater than their height, just like that of apes who use their
forearms to push themselves along the ground
• other physical stigmata include deviation in head size
and shape, asymmetry of the face, excessive dimensions
of the jaw and cheekbones, eye defects and peculiarities,
ears of unusual size, nose twisted, upturned or flattened
in thieves, or aqualine or beak-like in murderers, fleshy
lips, swollen and protruding, and pouches in the cheek
like those of animal’s toes
• Lombroso’s work supported the idea that the criminal
was a biologically and physically inferior person
according to him, there are three (3) classes of criminals:
1) born criminals – individuals with at least five (5)
atavistic stigmata
• Examples of physiognomy of criminals illustrated from L'uomo
Delinquente (Criminal Man), 1876, by Cesare Lombroso.
2) insane criminals – those who are not criminals by birth;
they become criminals as a result of some changes in their
brains which interfere with their ability to distinguish
between right and wrong
3) criminaloids - those with make up of an ambiguous
group that includes habitual criminals, criminals by
passion and other diverse types