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INTRODUCTION

TO
CRIMINOLOGY
LOVELY JOY LELIS RCRIM
THE EVOLUTION OF CRIMINOLOGY
latin word “CRIMEN” = ACCUSATION
LOGIA = study

Italian term “CRIMINOLOGIA” Coined by RAFAELLE


GAROFALO
French term “CRIMINOLOGIE” USED BY paul topinard
English term “CRIMINOLOGY” Edwin sutherland
CRIMINOLOGY
the entire body of knowledge regarding crimes, criminals and the
efforts of society to prevent and repress them.
the scientific study of the causes of crime in relation to man and
society who set and define rules and regulations for himself and others
to govern.
GEORGE WILKER = ABSOLUTELY NOT A SCIENCE
EDWIN SUTHERLAND AND DONALD CRESSEY = HOPE

RA 11131 – Criminology is the scientific study of crimes, criminals and


victims, it also deals with the prevention and solution of crime

Criminology is the entire body of knowledge regarding crimes as a


special phenomenon. It includes within its scope the process of making
laws, of breaking laws and of reacting towards the breaking of the laws.”
EDWIN SUTHERLAND = DEAN OF MODERN CRIMINOLOGY
Feminist Criminology
is a developing intellectual approach which emphasizes gender
issues in the subject matter of criminology. MEDA
CHESNEYLIND = mother of feminist criminology

Peacemaking Criminology
holds that crime-control agencies and the citizens they serve
should work together to alleviate social problems and human
suffering and thus reduce crime.

Radical Criminology = Marxist / critical criminology


holds that the causes of crime are rooted in social conditions
which empower the wealthy and the politically well organized,
but disenfranchise those less fortunate.
DIVISIONS OF CRIMINOLOGY
SOCIOLOGY = It is the study of human society; MOTHER OF
DISCIPLINE OF CRIMINOLOGY

Sociology of Law = NATURE AND ADMINISTRATION OF LAW


 an attempt at scientific analysis of the conditions under which criminal laws has
developed as a process of formal or social control.
Criminal Etiology =LOGOMACY
 an attempt at scientific analysis of the cause of crime.

Penology (PENAL SCIENCE) = Francis lieber= latin word “POENA” =


PAIN / SUFFERING / PUNISHMENT
“POINE” PENALTY
 is that division of criminology which deals with punishment of crime and jail
management.
NATURE OF CRIMINOLOGY
Social Science
crime is a special creation and it exists in a society being a
social phenomenon.
Applied Science / INSTRUMENTATION
It is used of sciences in the practice of criminology.
Nationalistic
the study of crimes must be in relation with the existing
criminal law within a territory or country.
Dynamic
criminology changes as a social condition changes. It is
concomitant with advancement of other sciences that have been
applied to it.
SCOPE OF THE STUDY OF CRIMINOLOGY

Study of the origin and development of criminal law.


Study of the causes of crimes and development of criminals.
Study of the different factors that enhance the
development of criminal behavior, such as:
Criminal Demography = criminality and population
Criminal Ecology = spatial distribution in community
Criminal Epidemiology = environment(milieu) and criminality
Criminal Physical Anthropology = physical constitution of man
Criminal Psychology = human behavior
Criminal Psychiatry = human mind
Victimology = role of victim

CRIMINOLOGICAL RESEARCH - Study of the crime


correlated to with antecedent variables, state of crime trend.
CRIME
An act or omission in violation of a public law forbidding or commanding it.
Sub-classification of crimes

Laws RPC Special Law Ordinance


Act / Omission Felony Offense Infraction Of Law

RPC = ACT 3815


ENACT = DEC 8 1935 TOOK EFFECT: JAN 1, 1932

MISDEMEANOR - refers to a minor or petty crime.


Punishable less than a year
CRIME TYPOLOGY- refers to the type of a particular
crime category, such as the following;

Violent Crime
where violence was used in its commission.
Economic Crime
committed to bring financial gain to the offender.
Public Order crime / VICTIMLESS CRIMES
are unlawful acts that interferes the operation of society
and the ability of people to function efficiently.
TRIANGLE OF CRIME

DESIRE - What a person wanting or longing to


commit a crime.
OPPORTUNITY - a set of circumstances providing a
chance or possibility. The physical possibility for the
person to execute a crime.
CAPABILITY - the quality of being capable, ability to
do something.
CLASSES OF CRIMES

Crime Mala Inse (BAD ITSELF) – violate/outlawed moral


values
is a crime which is so serious in their effects on society as to call for
almost unanimous condemnation of its members.

Crime Mala Prohibita


is a crime which is violations of mere rules of convenience designed to
secure a more orderly regulation of the affairs of society.

GENERAL RULE
RPC = MALA INSE
SL = MALA PROHIBITA
LEGAL CLASSIFICATION OF CRIMES
As to the manner crimes are committed:
by means of dolo or deceit
by means of culpa or fault
Elements Of Felony

INTENTIONAL FELONY NON – INTENTIONAL FELONY


INTELLIGENCE INTELLIGENCE
FREEDOM FREEDOM
INTENT NEGLIGENCE/IMPRUDENCE

Negligence – lack of fore sight/ perception


Imprudence – lack of skill / defieciency in action
As to the stages in the commission of crimes: art 6
Felony = rpc
Special law = consummated(formal crimes)
Consummated Crime
 when all the elements necessary for its execution and accomplishment are present.

Frustrated Crime
 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.
Attempted Crime
 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.
According to plurality:
Simple Crime
 single act constituting only one offense.

Complex Crime
 single act constituting two or more grave felonies or an is necessary means for
committing the other.
According to gravity:
Grave Felonies
 those to which the law attaches the capital punishment or afflictive penalties.
Exceeding 5000
Less Grave Felonies
 those to which the law attaches correctional penalties. 200-5000

Light Felonies
 those to which the law attaches penalty of arresto menor or a fine not exceeding
P200.00
DURATION OF PENALTIES

ART. 9 - GRAVITY ART. 25 ART. 27 DURATION OF PENALTY


GRAVE FELONY CAPITAL Death Ra 9346
PUNISHMENT
AFFLICTIVE Reclusion perpetua 20y1d – 40y
PENALTY Reclusion temporal 12y1d – 20y
Prision mayor 6y1d – 12y
LESS GRAVE CORRECTIONAL Prision correctional 6m1d – 6y
FELONHY PENALTY Arrestor mayor 1m 1d – 6m
LIGHT FELONY LIGHT PENALTY Arresto menor 1d – 30d
Criminological Classification Of Crimes

According to the result of crime:


Acquisitive Crime = GAIN
 the offender acquires something as a consequences of his criminal act.

Extinctive Crime
 the consequence of the act is destructive

According to the time or period of the commission of the crime:


Seasonal Crime
 committed only during a certain period of the year.

Situational Crime
 committed only when the situation is conducive to its commission.
Criminological Classification Of Crimes

According to the length of time of the commission of the


crime:
Instant Crime = IMMEDIATE
committed in the shortest possible of time.

Episodial Crime =CONTINUING CRIME


committed by a series of acts in a lengthy space of time.

According to the place or location:


Static Crime
committed in only one place.

Continuing Crime
committed in several places.
Criminological Classification Of Crimes

According to the use of mental faculties:


 Rational Crime
 committed with intent and the offender is full possession of his sanity.

 Irrational Crime
 committed by an offender who does not know the nature and quality of his act on account of the disease of the mind.

According to the type of offender:


 White-collar Crime = EDWIN SUTHERLAND
 committed by a person belonging to the upper socio-economic class in the course of his occupational activities.

 Blue-collar Crime
 committed by ordinary professional criminal to maintain his livelihood.

UPPER WORLD = UPPER CLASS OF SOCIETY


UNDER WOLRD = UNDER PRIVELEGE OF SOCIETY

INDEX CRIME
NON INDEX CRIME
Criminological Classification Of Crimes

Crimes by Imitation
committed by merely duplication of what was done by
others.
Crimes by Passion
because of the fit of great emotions.
Service Crimes
committed through rendition of a service to satisfy
desire of another.
OTHER TYPES OF CRIMES

Bias Crimes / HATE CRIME


violent acts directed toward a particular person or members of
a group merely because the targets share a discernable racial,
ethnic, religious or gender characteristics.
Cleared Crimes
two ways by which crimes are cleared; when at least one person
is arrested, charged and turned over to the court for
prosecution and by exception means, when some element beyond
police control precludes the physical arrest of an offender
Corporate Crimes
white collar crime involving a legal violation by corporate entity.
Cyber Crime
the commission of criminal acts using the instruments of modern
technology such as computers or the internets.
Economic Crime
an act in violation of the criminal law that is designed to bring
financial gain to the offender.
Enterprise Crime
the use illegal tactics by a business to make profit in the
market.
Expressive Crime
a crime that has no purpose except to accomplish the behavior.
Inchoate Crimes = CRIMINAL ATTEMPTS
incomplete or contemplated crimes such as criminal solicitation.
Organized Crimes
 illegal activities of people and organization whose acknowledged purpose is profit through
illegitimate business enterprise.
ORGANIZED = 3 or more person
SYNDICATE = 2 or more person
BAND = more than 3 or 4
Public Order Crime
 acts that are considered illegal because they threaten general well-being of society and
challenge its accepted moral principles.
Retaliatory Hate Crime
 offense committed in response to a hate crime, real or perceived.

Trill-seeking Hate Crime


 hatemongers who join forces to have fun by bashing minorities or destroying property;
inflicting pain on others give a sadistic thrill.
OTHER TERMS REFFERING TO CRIMES
CRIME OF RAPE
 Acquaintance rape - forcible sex in which offender and the victim are acquainted with one
another.
 Aggravated rape - rape involving multiple offenders, weapons and victim injuries.
 Date rape- forcible sex during the courting relationship.
 Gang rape - forcible rape with multiple attackers.
 Marital rape - forcible sex between people who are legally married to each other.
 Serial rape - multiple rapes committed by one person overtime.
 Statutory Rape - sexual relations between an underage minor female and an adult male.

STATUTORY RAPE = 16 YEARS


EXCEPT 3 YEARS AGE GAP
BELOW 13 YEARS
RA 8353
RA. 11648 = 12-16
CRIME OF KILLING
Homicide - the killing of human being by another.
Parricide - the act of killing one’s own father, mother, spouse or
child.
Infanticide - killing of an infant less than 3 days old.
Sororicide - killing one’s own sister.
Fratricide - killing one’s own brother.
Matricide - killing of a mother by her own child.
Patricide - killing of a father by his own child.
Uxoricide - act of one who murders his wife.
Eldercide - the murder of a Senior Citizen.
Abortion - (aborticide) an act of destroying (killing) a fetus in
the womb.
CRIME OF KILLING
Suicide - taking one’s own life voluntarily and intentionally.
Regicide - the killing or murder of a king.
Vaticide - the killing of a prophet.
Euthanasia - mercy killing or the act or practice of painlessly
putting to death a person’s suffering from incurable and
distressing disease.
ACTIVE =
PASSIVE =
Involuntary manslaughter - a homicide that occurs as a result
of acts that are negligent and without regard for the harm they
may cause others.
Voluntary manslaughter - a homicide of committed in the heart
of passion or during a sudden quarrel; although intent may be
present, malice is not.
CRIME OF KILLING
 Genocide (RACIAL KILLING) – the deliberate killing of large number of
people from a particular ethnic group.
 Mass murder - the killing of a large number of people in a single
incident by an offender who typically does not seek concealment or
escape. 4 OR MORE 1LOC 1 EVENT
 Murder - the unlawful killing of a human being with malicious intent.
 Serial murder - the killing of a large number of people over time by an
offender who seeks to escape detection.

TYPOLOGY OF SERIAL KILLER


VISIONARY – voices in head
MISSION ORIENTED -
HEDONISTIC =
POWER CONTROL
CRIMES AGAINST PROPERTY
Acquaintance robbery - robbery who focus their thefts on
people they know.
Arson - the intentional or negligent burning of a home,
structure, or vehicle for criminal purposes such as profit,
revenge, fraud, or crime concealment.
Arson fraud - a business owner burns his or her property, or
hires someone to do it, to escape financial problem.
Burglary - breaking into and entering a home or structure
Carjacking - theft of a car by force or threat of force.
Churning - stockbrokers makes repeated trades to
fraudulently increase commission.
CRIMES AGAINST PROPERTY
Larceny - taking one’s own use the property of another, by
means other than force or threats on the victim.
Petty Larceny - theft of a small amount of money or
property, punished as a misdemeanor.
Pilferage - theft by employees through stealth or deception.
Robbery - taking or attempting to take something of value by
force or threat of force and/or putting the victim in fear.
Shoplifting - the taking of goods from retail store.
Why Must Member Of Society Be Interested In Crime?
Crime Is Pervasive /
 it affects almost all people in the society regardless of age, sex, race, nationality or
religion.
Crime Is Expensive
 government and private sectors spend so much for crime prevention, prosecution,
correction and rehabilitation of offenders.
Crime Is Destructive
 crime caused a lot of destruction both to life and properties. Many lives have been lost and
properties were destroyed or damaged.
Crime Is Reflective
 crime rate and situation is a reflection of the effectiveness of the social defense against
crime or deficiency on the part of the authority to ensure public safety.
Crime Is Progressive
 the increase in the crime volume and its modification is accounted also to the increasing
population and advancement of the society
WHO IS
CRIMINAL?
CRIMINAL
 in the legal sense, a criminal is any person who has been found to have
committed a wrongful act in the course of the standard judicial process;
there must be final verdict of his guilt.
in the criminological sense / sociological sense, a person is already
considered a criminal the moment he committed a crime.
Law enforcement = SUSPECT
Prosecution = RESPONDENT
Court = ACCUSED
Correction = PERSON DEPRIVED OF LIBERTY
Community = CLIENT

GOPI = graduate of penal INSTITUTION / EX CONVICT


GENERAL CLASSIFICATION OF CRIMINALS

On the basis of etiology:


Acute Criminals
person who violates criminal law because of the impulse
of the moment, fit of passion or anger.
Chronic Criminals
persons who acted in consonance with deliberated
thinking. PREMEDITATION
GENERAL CLASSIFICATION OF CRIMINALS

On the basis of behavioral system:


Ordinary Criminals = LOWEST MAMMAL
They engage only in conventional crimes which require limited skill. He was
forced by opportunity pushed to commit crime.
Professional Criminals
these are highly skilled and able to obtain considerable amount of money
without being detected because of organization and contact with other
professional criminals.
Organized Criminals
these criminals have a high degree of organization that enables them to
commit crimes without being detected and committed to specialized
activities which can be operated in large scale business.
GENERAL CLASSIFICATION OF CRIMINALS

On the basis of activities:


Professional criminals
those who earn their living through criminal activities.

Accidental criminals
those who commit criminal acts as a result of unanticipated circumstances.

Habitual criminals
those who continue to commit criminal acts for such diverse reasons due
to deficiency of intelligence and lack of control.
Situational criminals
those who are actually not criminals but get in trouble with legal
authorities because they commit crimes intermixed with legitimate
activities.
GENERAL CLASSIFICATION OF CRIMINALS

Based on mental attitude;


Active Aggressive
due to aggressiveness
Passive Inadequate
because they are forced by reward or promised
Socialized Delinquent
individual with defective socialization process
INTRODUCTION TO
THE STUDY OF
CRIMINAL LAW
CRIMINAL/PENAL LAW
that branch of public law which defines crimes, treats
of their nature and provides for their punishment.

NEW = REVISED PENAL CODE ACR 3815


OLD = SPANISH PENAL CODE OF 1870
the book that contains the Philippine Criminal Law.
Effectivity of the RPC is January 1, 1932
Approved on December 8, 1930.
CHARACTERISTICS OF CRIMINAL LAW

It is general in application / GENERALITY = WHO


the provisions of the criminal or penal law must be applied
equally to all persons within the territory exceptions:
Treaty Stipulation
Public International Law
Law on Preferential Application
It is territorial in character / TERRITORIALITY ( WHERE ) -
Criminal law shall be enforceable within the Philippine Archipelago
 Philippine Archipelago - all the islands that comprise the Philippines.
 Atmosphere Water - all bodies of water that connect all the islands such as
bays, rivers and streams.
 Maritime Zone - the twelve (12) Nautical Mile limit beyond our shore
measured at low tide.
Exceptions to the territorial character of the rpc:
The Revised Penal Code shall be applicable to all cases committed outside
the Philippine territorial jurisdiction under the following circumstances:
 Should commit an offense while on Philippine ship or airship;
 Should forge or counterfeit any coin or currency note of the Philippine Island
or obligations and securities issued by the government of the Phil.;
 While being a public officer or employee, should commit an offense in the
exercise of their functions;
 Should commit any of the crimes against national security and law of nations .
It is prospective or irretrospectivity
No person may be punished for his act when at the time he
committed the act, it is still not yet punishable by law.
Exception;
when the law so provide
when the new law is favorable to the accused who is NOT
habitual delinquent.
It is specific and definite
Criminal law must give a strict definition of a specific
act which constitute an offense. Where there is doubt
as to whether a definition embodied in the RPC applies to
the accused or not, the judge is obligated to decide the
case in favor of the accused. Criminal law be construed
liberally in favor of the accused and strictly against the
state.

Pro reo doctrine


Equipose rule =
It is uniform in application
an act described as a crime is a crime no matter who
committed it. No exceptions must be made as to the
criminal liability. The definition of crimes together
with the corresponding punishment must be uniformly
construed, although there may be a difference in the
enforcement of a given specific provisions of the penal
law.
It must be a penal sanction or punishment
penal sanction is the most essential part of the
definition of the crime. If the crime is no penalty to a
prohibited act, its enforcement will almost be
impossible. The penalty is acting as deterrence and as a
measure of self-defense of the state to protect
society from the threat and wrong inflicted by the
criminal.
EVOLUTION OF CRIMINAL LAWS

Prehistoric Crime And Punishment


Primitive Tribes
Punishment may be in the form of ostracism and expulsion.
Adultery may be punished by the aggrieved husband who may
kill the adulterer and his own offending wife.
Crime may be avenged by the victim himself or by the victim’s
family.
THE EARLY CODES
Sumerian Code / KING URNAMMU
Crafted during the time of King Dongi, a code made
from clay tablet which is said to have been created 100
years prior to the Code of Hammurabi. This code did not
survived the passage of time and was not been
recovered.
UNWRITTEN / CLAY TABLET
CODE OF HAMMURABI = OLDEST –
SAVAGE/HARSH PUNISHMENT
Hammurabi, the king of Babylon during the eighteenth
century BC, is recognized as the first codifier of laws.
it provides the first comprehensive view of the laws in
the early days.
the code was carved in stone.
the “law of talion” or lex taliones principle, or the principle
of “tit for tat” (an eye for an eye, tooth for a tooth)
under the principle of the law of talion, the punishment
should be the same as the harm inflicted on the victim.
Highlights of the code of hammurabi:
Compensation to the victim of a robbery by the
authorities of the city in which the robbery occurred if
the thief was not caught.
the killer is answerable not to the family of the victim but
to the king.
Death was the penalty for robbery, theft, false witness,
building a house that falls on its owner
A son who struck his father would suffer the amputation
of a hand.
If in an assault a victim’s bone was broken, the same bone
of the assailant would be broken.
HITTITES /TURKEY
existed about two centuries after Hammurabi and
eventually conquered Babylon
Highlights of the laws of the hittites:
Capital punishment for many offenses except: homicide
and robbery.
rape, sexual intercourse with animals, defiance of
authority and sorcery were all punishable by death.
The law of homicide provided for the restitution to the
victim’s heirs.
Law enforcement and judicial functions were placed in
hands of commanders of military garrisons.
Deuteronomy or the MOSAIC CODE = LAW OF
MOSES

Deuteronomy is the fifth book in bible which contains


the basis of the Jewish laws. It is believed to have been
made by Moses. It is a form of covenant which starts
with the Ten Commandments then later became a
statutes and ordinances
The first five book of Old Testament is what
collectively known to be the Mosaic Code or the Laws of
Moses. This was considered to be the foundation of the
law system throughout the western world (Roth, 2005)
The GREEK CODES
CODE OF DRAKON
Known as the “ultimate severity”
Codified by Drakon, the Athenian lawgiver of the
seventh century BC
Highlights of the code of drakon:
Death was the punishment for almost every offense.
Murderers might avoid execution by going into exile; if
they return to Athens, it was not a crime to kill them.
Death penalty was administered with great brutality.

BURGUNDIAN CODE = penalty is accdng to social class


The GREEK CODES
LAWS OF SOLON
Solon was appointed archon and was given legislative powers
Solon repealed all the laws of the Code of Drakon, except the
law on homicide
Solon was first to see that a lawgiver had to make laws that
applied equally to all citizens and also saw that the law of
punishment had to maintain proportionality to the crimes
committed.
Highlights of the law of solon:
The thief was required to return stolen property and pay the
victim a sum equal to twice its value
For the crime of temple robbery, the penalty was death
For rape of a woman, the penalty was a fine of certain amounts.
ROME’S TWELVE TABLES = BRONZE
Roman law began with the Twelve Tables which were written in
the middle of the sixth century BC
Foundation of all laws in Rome
Drafted by Decemvirs, a body of men composed of patricians

Highlights of the twelve tables:


If a man break another’s limb and does not compensate the
injury, he shall be liable to retaliation
A person who committed arson of a house or a stack of corn
shall be burned alive
Judges who accepted bribes as well as those who bribed them
were subject to execution.
Any act of treason was punishable by crucifixion.
LEX SALICA
It refers to the legal customs of the ancient Germanic
tribes of the middle ages. This law provides for
schedule of monetary compensation for wrongdoings
which they called “the botes”. The value of monetary
compensation for human life based on his status in life
to as Wergild or Wergeld. = amount of compensation
paid by a person committing an offense to the injured
party or, in case of death, to his family.
LAWS OF ISLAM
KORAN is the holy book of the Muslim which is said to
be of divine origin as it was given to them by Allah
through the prophet Mohammed.
THE BLOODY CODE
This is an unofficial name which refers to the
England’s system of laws and punishment during the
1688 and 1815.

Two known written codes in the Pre-Spanish Era in


Philippines was:
MARAGTAS CODE (1250 AD) Datu Sumakwel of Panay
KALANTIAW CODE (1433 AD) Datu Kalantiaw=
OLDEST
If the population in municipality A is 195,000 and the
crime volume is 2,540. What is the crime rate?

CRIME RATE = (crime volume / population ) x 100,000

a. 1230.6
b. 1465.2
c. 1302.6
d. 1203.5
If Iloilo City accounts for 26% of the national crime
volume of 84,875. How many crimes were reported to
the police?

CRIME VOLUME = (crime rate x population ) / 100,00

a. 22,868
b. 22,068
c. 20,250
d. 32,644
Nationwide crime volume increases on the year 1979 into 30,935,
at the end of the same year law enforcement reported the solve
cases from it was 10,500. the percentage of crime solution
effiency of the law enforcement agency at the given period is –

CSE = crime solution efficiency


CSE = (crime solved / crime volume ) x 100

a. 32.7%
b. 33.9%
c. 34.5%
d. 35.6%
Murder cases numbered 180 in 2010 and 220 in 2011. What
was the percent increase?

Variance or % changes =
Variance = (current data – previous data ) / previous data x
100

a. +22.2%
b. +20.2%
c. +22.0%
d. +20.1%

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