FIRST ACTIVITY IN FOUNDATIONS OF CRIMINOLOGY

CJE 102
PROPOSED COURSE OUTLINE

BY:
MERCRIS S. SANTIANO
JOHN LESTER B. BRUAN
PATRICK HENRY SALAS
 I. HISTORY of CRIMINOLOGY

 The term criminology was coined in 1885 by Italian law professor Raffaele Garofalo as
Criminologia Later, French anthropologist Paul Topinard used the analogous French
term Criminologie 
 study of crime and society's response to crime.
 conduct research and investigations, developing theories and analyzing empirical patterns.
It can be broadly said that criminology directs its inquiries along three lines
1. investigates the nature of criminal law
2. analyzes the causation of crime and the personality of criminals
3. it studies the control of crime and the rehabilitation of offenders..
CRIMINOLOGISTS are responsible for answering why someone would be led to breaking
the law or causing a crime.
II. The Theoretical Foundations of Criminology:
Place, time and context.
 The Classical school.

 arose in the mid-18th century and has its basis in utilitarian philosophy
 People have free will to choose how to act.
 'hedonists' who seek pleasure and avoid pain, and 'rational calculators' who weigh the
costs and benefits of every action.
 Punishment - can deter people from crime,
 CRIME AND PUNISHMENT DEVELOPMENT.
The NEO-CLASSICAL SCHOOL

 Self-defense is included in the neo-classical school of thought too

 hedonistic theory that people can deter emotions and actions according to incentive
manipulation

 Categorizing criminal’s motives whether they are instrumental or expressive

 INTRUMENTAL- motivation means the person has more incentive, outside the act itself,
for committing a crime. There is a tangible benefit

Ex contract killers have the added incentive of money

 EXPRESSIVE motivation is different than instrumental as it includes acts done out of

emotion. The crime itself is the desired result.

Ex include anger or rage, fear, jealousy and passion.

POSITIVIST

 From internal and external factors

 criminals are born as criminals

 Positivism comprises three segments biological, psychological and social positivism.

 Biological positivism - chemical imbalances" or "abnormalities

 Psychological Positivism - internal factors driving them.
 Social Positivism - criminals are produced by society.
DIFFERENTIAL ASSOCIATION (SUB-CULTURAL)

 learn crime through association

 peer is a major cause of delinquency.
 Labeling theory

 individual who is labeled by others in a particular way

 label of a criminal they may reject or accept it and continue to commit crime.
 Traitor theory
 how a process of brutalization by parents or peers that usually occurs in childhood
RATIONAL CHOICE THEORY

 if certain, swift, and proportionate to the crime, was a deterrent for crime, with risks
outweighing possible benefits to the offender.
 advocated a rational penology
III. THE NATURE AND EXTENT
EXTENT OF CRIMES
Natural laws

 are rooted in core values

 obvious crimes with obvious victims
 EX commit robberies, murders, theft, rape,
 mala in se – evil itself
 Statutes
 are enacted by legislatures
EX. laws that prohibit cannabis use and gambling, possession of a prohibited drug; use
of a prohibited drug, prostitution
 mala prohibita – prohibited by law
IV.  APPROACHES ON THE
EXPLANATION OF CRIMES
. Biological explanations

 commit a crime because of the genes that they

have inherited
 . Psychological Explanation
 According to Freud, the childhood experiences shape the
future interpersonal relationships of people. Id, ego, and
super-ego influence behaviors.
 . Sociological explanations

 The environmental factors

 Living in poverty, lack of social support and negative family experiences may increase the
possibility of crime
 Unemployment

 The STRAIN THEORY - explain criminal activities. Through observing others' behaviors,
people can learn this action.
EX. criminal in the family or close friend what we watch on the television
V. The Study of Criminal Behavior
 person chooses to commit a crime, s/he evaluates his or
her own personal situation
 behaviour that has criminal intent, this may result in a
crime
 The Two Basic Factors Affecting Behavior

 A. Heredity/Biological Factors (nature) - acquired from birth transferred from one

generation to another
 B. Environmental Factors nurture - refers to anything around the person that influences his
actions
 Some environmental factors are:
 1. The family
 2. childhood trauma
 3. Pathogenic family structure - families associated with high frequency of problems .
The Criminal Law and its Processes

          Criminal justice is a process, involving a series of steps beginning with a criminal

investigation and ending with the release of a convicted offender from correctional
supervision
Steps in the criminal justice process

 Investigation - gather evidence to identify a suspect and support an arrest

*Probable cause is the standard of proof required for a search.

  Arrest - taking a person into custody

 Prosecution -deciding whether to charge a person with a crime,

 Indictment - the filing of an information by a prosecutor

 Arraignment - defendant appears in court and enters a plea. The most common pleas are guilty and not guilty.

  Pretrial detention - temporary custody prior to trial

 . Bail - amount of money paid by a defendant to ensure he or she will show up for a trial

 Plea bargaining - defendant agrees to plead guilty in exchange for a charge reduction or sentence reduction.

  Trial/adjudication of guilt by a judge

 Sentencing by a judge. Possible sentences include a fine, probation, a period of incarceration

 Appeals - a prosecutor decides whether to refile or drop the charges

 Punishment and/or rehabilitation

VII. Institutional Influences and Juvenile Delinquency

 The Code of Hammurabi

 “the strong shall not injure the weak”
 lex talionis - an eye for an eye.
 Classifications of Child and Youth Welfare Agencies

 1. A Child-caring Institution - twenty-four resident group care service

 2. A Detention Home - twenty-four-hour child-caring institution providing SHORT TERM resident
care for youthful offenders
 A Shelter-care Institution - temporary protection and care to children requiring EMERGENCY (,
abandonment by parents, dangerous conditions of neglect or cruelty in the home, )
 4. Receiving Homes - TEMPORARY SHELTER from ten to twenty days for children
 5. A Nursery - children below six years of age
 6. A Maternity Home - to give shelter and care to pregnant women
 7. Rehabilitation Center - rehabilitates youthful offenders
 8. A Reception and Study Center - , children who have BEHAVIORAL PROBLEMS
 9. A Child-placing Agency - purposes of adoption, guardianship or foster care
REPUBLIC ACT NO. 9344

 An Act Establishing a Comprehensive Juvenile Justice and Welfare System, This Act shall
be known as the "Juvenile Justice and Welfare Act of 2006." It shall cover the different
stages involving children at risk and children in conflict with the law from prevention to
rehabilitation and reintegration.
 VIII. Crime Typologies

 TYPOLOGIES OF CRIMES
1. violent crime - use harmful force upon a victim . Rape and sexual assault
2. property crime - burglary, larceny, motor vehicle theft, and arson.
3. white-collar crime- “a crime committed by a person of respectability and HIGH SOCIAL
STATUS in the course of his occupation
4. organized crime – syndicate, yakuza
5. consensual or victimless crime - prostitution, gambling, and pornography
IX. Crimes in the Modern World

 MODERN CRIMES
 COMPUTER CRIMES - as cyber crime, e-crime, electronic crime, or hi-tech crime. (
hacker )
 DRUG CRIMES - Drug dealing or "trafficking" laws make it illegal to sell, trade, or
otherwise exchange scheduled drugs.
 SEX CRIMES - lack of consent by one party to the sexual act
 Human trafficking – recruitment, transportation, transfer, harboring or receipt of people
through force, fraud or deception, with the aim of exploiting them for profit.
X. Culminating Activity (Webinar/Seminar
(propose a title/topic for this activity)