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INTRODUCTION TO

CRIMINOLOGY

Presentation by ERIKA JOY C. SALUDEZ, RCrim


CRIMINOLOGY
EDWIN H. SUTHERLAND & DONALD R. CRESSEY
“Criminology is the body of knowledge regarding crime as a social
phenomenon.” It includes within its scope the process of making laws,
breaking laws and reacting towards the breaking of laws.

RA 11131, "The Philippine Criminology Profession Act of 2018"


defined criminology as the scientific study of crimes, criminals, and
victims. it also deals with the prevention, and solution of crime.
IN 1885, ITALIAN LAW PROFESSOR RAFFAELE GAROFALO COINED THE
TERM “CRIMINOLOGY” (IN ITALIAN, CRIMINOLOGIA). THE FRENCH
ANTHROPOLOGIST PAUL TOPINARD USED IT FOR THE FIRST TIME IN
FRENCH (CRIMINOLOGIE) AROUND THE SAME TIME

Framework Thank You


PRINCIPAL DIVISIONS OF
CRIMINOLOGY
1.CRIMINAL ETIOLOGY
Analysis of the causes of crime

2. SOCIOLOGY OF LAW
Analysis of which penal laws are developed as a process of formal social control. In this we study
the nature of crime from legalistic point of view

3. PENOLOGY
Deals with the control and prevention of crime and treatment of youthful offenders.
Nature of Criminology
1.IT IS AN APPLIED SCIENCE– use of science in the study of the causes of crime and crime
detection (instrumentation)

2.IT IS A SOCIAL SCIENCE– In as much as crime in social creation that it exists in a society being
a social phenomenon, its study must be considered a part of social science.

3.IT IS DYNAMIC– Criminology changes as social condition changes.

4.IT IS NATIONALISTIC– The study of crimes must be in relation with the existing criminal law
within the territory or country.
CRIMINOLOGY, CRIMINAL JUSTICE, AND CRIMINALISTICS

Criminology Criminal Justice System Criminalistics

study of crimes, criminals and Refers to the system used by the study of criminal
victims government to maintain social things, or the sum total of
study of lawmaking, law control, prevents crime, enforce the application of all
breaking, and societal laws, and administer justice. sciences in crime
reactions to law breaking. detection.
DIVISIONS OF CRIMINALISTICS
THERE ARE SIX (6) DIVISIONS OF CRIMINALISTICS. THE FIRST THREE
ARE SCIENTIFIC AND THE OTHER THREE ARE TECHNOLOGICAL. THE
FOLLOWING ARE:

1. SCIENTIFIC

A. CHEMISTRY – study of substances, its elements and compounds


B. PHYSICS – study of matter and energy and their interactions
C. BIOLOGY - biology is the study of living things. deals with the origin, history,
physical characteristics, life, processes, habits,
DIVISIONS OF CRIMINALISTICS
2. TECHNICAL

a) Polygraphy or Lie Detection


b) Police Photography
c) Forensic Chemistry and Toxicology
d) Forensic Ballistics or Firearms Identification
e) Dactyloscopy or Personal Identification
f) Questioned Document Examination
THE FIRST EVER EDUCATIONAL INSTITUTION OFFERING THE CRIMINOLOGY
COURSE, IS THE PHILIPPINE COLLEGE OF CRIMINOLOGY, AT STA. CRUZ,
MANILA, FORMERLY KNOWN AS PLARIDEL COLLEGE.
The practice of Criminology in the country was provided for under RA No.6506 dated
July 19772, otherwise known as “An Act Creating the Board of Examiners for
Criminologists in the Philippines and for Other Purposes,” but this law was later
repealed by RA 11131.

Registered Criminologist refers to a natural person who holds a valid certificate of


registration and an updated professional identification card as criminologist issued by the
Board and the Commission pursuant to this Act.
Section 5. Scope of Practice. - The practice of criminology shall include, but shall not be
limited to, acts or activities performed:
(a) In line with the practice of profession or occupation as a law enforcement
administrator, executive, adviser, consultant, officer, investigator, agent or employee in
any private or government agencies performing law enforcement and quasi-police
functions at the Philippine National Police (PNP), the National Bureau of Investigation
(NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of Fire Protection
(BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial Jail, the
Bureau of Corrections (BUCOR), the Probation and Parole Administration (PPA), the
Bureau of Internal Revenue (BIR), the Bureau of Customs (BoC), the Bangko Sentral ng
Pilipinas (BSP), other government and private banks, the Philippine Postal Corporation
(PPC), the Sea and Air Marshalls, the VIP Security, Airport and Seaport Police, the
National Intelligence Coordinating Agency (NICA), the Intelligence Service of the Armed
Forces of the Philippines (ISAFP), and other intelligence service or agencies of the
government exercising similar functions;
(b) In line with the practice of teaching profession such as those performed by a professor, instructor or
teacher in any university, college or school duly recognized by the government of any of the following
professional and component subjects of the criminology program: (1) Criminal Jurisprudence and
Procedure; (2) Criminalistics; (3) Law Enforcement Administration; (4) Crime Detection and Investigation;
(5) Correctional Administration; and (6) Criminal Sociology and Ethics, and other technical and
specialized subjects in the criminology curriculum provided by the CHED;
(c) As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned document,
deoxyribonucleic acid (DNA), lie detection, firearms identification, forensic photography, forensic
chemistry and other scientific crime detection and investigation;
(d) As a correctional administrator, executive, supervisor, or officer in any rehabilitation, correctional,
and penal institution or facility, and in any community-based corrections, and rehabilitation agencies
and/or programs;
(e) As a counsellor, consultant, adviser or researcher in any government or private agency on any aspect
of criminological research or project involving the causes of crime, children in conflict with the law,
treatment of offenders, police operations, law enforcement administration, scientific criminal
investigation or public safety and national security administration; and
(f) As a private investigator, administrator, consultant or agent, or detective in any private security and
investigation agency organized under the laws of the Philippines.
SCHOOL OF
THOUGHTS IN
CRIMINOLOY
CLASSICAL SCHOOL OF CRIMINOLOGY

This school of thought assumes that individuals chose to commit crimes after weighing
the consequences of their actions. According to classical criminologists, individuals
have absolute free will. They choose legal or illegal means to get what they want; fear
of punishment can deter them from committing crime and society can control behavior
by making the pain of punishment greater than the pleasure of criminal gains.
ARGUMENTS AGAINST CLASSICAL SCHOOL
THEORY

1. UNFAIR- Unfair because it treats all men as if they were robots without regard to
the individual differences and the surrounding circumstances when the crime was
committed.
2. UNJUST- Unjust because it provides the same punishment whether a criminal is a
first time offender or recidivists.
3. The theory has nature and definition of punishment that is NOT individualized.
4. The Classical thinkers consider only the injury caused not the mental condition of
the offender. Thus the focus is the crime, not the criminal.
He proposed the following principles:
. CESARE BONESANA MARCHESE DI
BECCARIA a. Laws should be used to maintain social contract,
b. Only legislators should create laws,
an Italian philosopher and a politician best c. Judges should impose punishments only in accordance with law.
known for his treatise On Crimes and d. Judges should not interpret laws.
Punishments (1764) e. Punishment should be based on the pleasure and pain principle.
- Man is fundamentally a biological f. Punishment should be based on the act not the actor.
organism with intelligence and rationality g. Punishment should be prompt and effective.
that control his behavior. h. All people should be treated equally.
i. Capital punishments should be abolished.
j. The use of torture to gain confession should be abolished,
k. It is better to prevent crimes than to punish criminals.

He advocated, “let the punishment fit the crime”.


JEREMY BENTHAM
• He was an English jurist, philosopher, and legal and social reformer. He
advocated Utilitarianism- assumes that all our actions are calculated in
accordance with their likelihood of bringing pleasure and avoiding pain.

• He devised the pseudo-mathematical formula called “felicific calculus”


which states that individuals are human calculators who put all the factors
into an equation in order to decide whether a particular crime is worth
committing or not

-PANOPTICON PRISON
SUMMARY POINTS OF CLASSICAL SCHOOL

1. People have free will to choose how to act and what to do.
2. Deterrence is based upon the ontological notion because a human being is any of the following:
a. Hedonist- It refers to a person who only seeks pleasure and avoids pain.
b. Rational Calculator- It refers to person’s weighing up the costs (pains) and benefits (pleasures
of the consequences of each of his action) before committing any act.
3. The swifter and more certain the punishment, the more effective it is in deterring criminal
behavior.
4. Punishment (of sufficient severity) can deter people from committing crime because the cost
(penalties) outweighs benefits and severity of punishment should be proportionate to the crime.
NEO-CLASSICAL SCHOOL

This school accepted the fact that crime is committed in accordance


with the free will of man but the act of committing a crime is modified
by some causes that finally prevail upon the person to commit crimes.
These causes are: pathology, incompetence, and insanity or any
condition that will make it possible for the person to exercise the free
will entirely.

NO ABSOLUTE FREE WILL


POSITIVIST OR ITALIAN SCHOOL

• Presumes that criminal behavior is caused by internal and external


factors outside of the individual's control. Scientific method was
introduced and applied to study human behavior. Positivism can be
broken up into three segments which include biological,
psychological and social positivism.
a. Biological Positivism- It includes the study of the following theories in relation to
criminality: criminal anthropology, phrenology, physiognomy, heredity and other similar
theories.

b. Psychological Positivism- It relates criminality through the study of the following


theories: psychodynamics/psychoanalytical theory, behavioral learning theories, and
cognitive learning theories.

c. Social Positivism- It relates criminality through the study of the following theories:
social disorganization theory and anomie theory.
THE HOLY THREE OF CRIMINOLOGY (POSITIVIST TRIO)

CESARE LOMBROSO

an Italian criminologist and founder of the Italian School of


Positivist Criminology. Regarded as the "Father" of Criminology and
has the largest contributions to biological positivism through
scientific approach, insisting on empirical evidence
FOUR CATEGORIES OF CRIMINAL (According to Lombroso)
1. Atavist- known as born criminal
2. Insane criminal- those who commit crimes due to abnormalities or psychological
disorder.
3. Criminaloid- Criminaloids were further categorized as "habitual criminals", who
become so by contact with other criminals, or other "distressing circumstances"
(criminal by passion hot-headed and impulsive persons who commit violent acts
when provoked).
4. Criminal by Passion- Lombroso referred to a person who committed a crime
motivated or because of anger and love and honor.
STIGMATA RELATED TO AN ATAVISTIC CRIMINAL:

1. Deviation in head size and shape from type common to race and region from which
the criminal came.
2. Asymmetry of the face.
3. Eye defects and peculiarities.
4. Excessive dimensions of the jaw and cheek bones.
5. Ears of unusual size, or occasionally very small, or standing out from the head as to
those of a chimpanzee.
6. Nose twisted, upturned, or flattened in thieves, or aquiline or breaks like in
murderers, or with a tip rising like a peak from swollen nostrils.
7. Lips fleshy, swollen, and protruding.
8. Pouch in the cheek like those of some animals.
9. Chin preceding, or excessively long, or short and flat, as in apes.
STIGMATA RELATED TO AN ATAVISTIC CRIMINAL:

10. Abnormal dentition.


11. Abundance, variety, and precocity of wrinkles.
12. Anomalies of the hair, marked by characteristics of the opposite sex.
13. Defects of the thorax, such as too many or too few ribs, or supernumerary
nipples.
14. Inversion of sex characters in the pelvic organs.
15. Excessive length of arms.
16. Supernumerary fingers and toes.
17. Imbalance of the hemisphere of the brain (asymmetry of the cranium).
ENRICO FERRI

A student of Lombroso, believed that social as well as biological factors played a role,
and held the view that criminals should not be held responsible for the factors causing
their criminality were beyond their control.

RAFFAELE GAROFALO

An Italian jurist and a student of Cesare Lombroso. He rejected the doctrine of free
will and supported the position that crime can be understood only if it is studied by
scientific methods. He attempted to formulate a sociological definition of crime that
would designate those acts which can be repressed by punishment.
TYPES OF CRIMINALS by Garofalo

a. Murderer- This refers to a criminal who kills another person and is


satisfied from vengeance or revenge.

b. Violent Criminal- those who commit very serious crimes.

c. Deficient Criminal- It refers to a person who commits crime against


property.

d. Lascivious Criminal- It refers to a person who commits crime against


chastity
E. IMPORTANT CONTRIBUTORS IN THE FIELD OF CRIMINOLOGY

1. Adolphe Quetelet- made use of data and statistical analysis to gain insight into relationship between crime and
sociological factors.

2. Rawson W. Rawson- utilized crime statistics to suggest a link between population density and crime rates, with
crowded cities creating an environment conducive for crime.

3. Emile Durkheim- viewed crime as an inevitable aspect of society, with uneven distribution of wealth and other
differences among people. Anomie Theory

4. Alec John Jeffreys (in criminalistics) - fellow of the Royal Society (FRS), born 9 January 1950 at Oxford in Oxfordshire
is a British Geneticist, who developed techniques for DNA fingerprinting and DNA profiling.
6. Alphonse Bertillon- April 23, 1853 -February 13, 1914 was a French law enforcement officer and
biometrics researcher, who created anthropometry, an identification system based on physical measurements.

7. George L. Wilker- he said that criminology can never become a science.

8. Edwin H. Sutherland- criminology today is not a science but it has hope of becoming a science.
SOCIOLOGY OF LAW

This is the divisions of criminology which attempt to offer scientific analysis of the
conditions under which penal or criminal laws develop as a process of formal social
control.

Three Types of Law

1. Natural laws are rooted in core values shared by many cultures. Natural laws protect against harm to
persons (e.g. murder, rape, assault) or property (theft, larceny, robbery), and form the basis of common law
systems.

2. Statutes (Statutory Laws) are enacted by legislatures and reflect current cultural norms

3. Divine Law- law of God


D. CRIMINAL LAW

- is that branch or division of law which defines crime, treats of their nature, and provides for
their punishment.

Sources of Criminal Law


a. The Revised Penal Code (Act. No. 3815) and its amendments.
b. Special Penal Laws
c. Penal Presidential Decrees

Characteristics of Criminal Law


1. Generality – laws apply to all persons who live or sojourn in the Philippine Territory (Filipinos and
foreigners)
2. Territoriality - laws apply within the Philippine territory only with the exemption of article 2 of the
RPC.
3. Prospectivity – laws cannot punish previous crimes committed after a law is enacted.
CRIME, CRIMINAL LAW and CRIMINAL

A. CRIME

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

SUB CLASSIFICATION OF CRIME


1.FELONY
Felony is an act and omission punishable by law specifically revised Penal Code. Note: All felonies
are crimes but not all crimes are felonies because it could also be an offense or misdemeanor.

2. OFFENSE
Offense is an act or omission in violation of Special Laws

3. INFRACTION/MISDEAMEANOR
An act or omission in violation of city or municipal ordinance
CLASSES OF CRIMES
1. Crimes Mala Inse- acts that are outlawed
because they violate basic moral values.
2. Crimes Mala Prohibita- are violations of
mere rules of convenience designed to secure
more orderly regulations of the affairs of
society.
ELEMENTS OF CRIMES

1. Intent- refers to the purpose of a particular means to affect a definite result.


Motive is the moving power which compels one to act for a definite result.
2. Opportunity- refers to the chance or time given to the offender in committing a
crime.
3. Instrumentality or capability- refers to the use of materials or other means in the
commission of crime, while capability refers to the physical capability of a person
to commit a crime.
TYPES OF CRIME

1. Blue-collar crime - In criminology, blue-collar crime is any crime committed by an individual from a
lower social class as opposed to white-collar crime which is associated with crime committed by
individuals of a higher social class.

2. Corporate crime - In criminology, corporate crime refers to crimes committed either by a corporation
(i.e., a business entity having a separate legal personality from the natural persons that manage its
activities), or by individuals that may be identified with a corporation or other business entity.

3. Organized crime or criminal organizations - Are groups or operations run by criminals, most commonly
for the purpose of generating monetary profit.

4. Political crime - In criminology, a political crime is one involving overt acts or omissions (where there is
a duty to act), which prejudice the interests of the state, its government or the political system. At one
extreme, crimes such as treason, sedition, and terrorism are political because they represent a direct
challenge to the government in power.

5. State crime - In criminology, state crime is activity or failures to act that break the state's own criminal
law or public international law.
6. White-collar crime - Within the field of criminology, white-collar crime has been defined by
Edwin Sutherland"...as a crime committed by a person of respectability and high social status in
the course of his occupation.

7. Victimless crime- Victimless crime is a behavior of an individual which is forbidden by law,


but which neither violates nor significantly threatens the rights of other individuals. In
criminology public order crime is defined by Siegel (2004) as "...crime which involves acts that
interfere with the operations of society and the ability of people to function efficiently", i.e. it is
behavior that has been labeled criminal because it is contrary to shared norms, social values,
and customs.
LEGAL CLASSIFICATION OF CRIMES
1. As to the manner of commission
a. By means of dolo or deceit b. by means of culpa or fault
2. As to the stages in the commission of crimes
a. Attempted crime –commences the execution of a crime directly by overt acts but
does not form all the acts of execution which should produce the felony as a
consequence by reason of some cause other than his own spontaneous desistance.
b. Frustrated crime – a stage in the execution of a crime which where the offender
performs all the acts of execution which would produce a felony as a consequence
but nevertheless do not produce it due to some cause independent of the will of the
perpetrator
c. Consummated crime – all elements necessary for its execution and
accomplishments are present.
LEGAL CLASSIFICATION OF CRIMES

3. As to the plurality of crimes:


a. Simple crime – a single act constitute only one offense.
b. Complex crime
1. Compound Crime- when single act constitute two or more grave or less
grave felonies
2. Complex Crime Proper- when an offense is a necessary means for
committing the other.
4. As to the mode of manner of commission:
a. Formal Crime- Crimes which are consummated at an instant or by a single
act.
b. Material Crime- Crimes which necessitates the three stages of commission
LEGAL CLASSIFICATION OF CRIMES
5. As to the gravity of penalty or offense:
a. Grave felonies- those which attaches capital punishment or afflictive penalties
b. Less grave felonies – penalties from arresto mayor to prision correccional including destierro and
suspension
c. Light felonies – infraction of law or those punishable by arresto menor

6. As to the basis of criminal act:


a. Crimes against national security and the law of nations.
b. Crimes against the fundamental laws of the state.
c. Crimes against public order.
d. Crimes against public interest.
e. Crimes relative to opium and other prohibited drugs.
f. Crimes against public morals.
g. Crimes committed by public officers.
h. Crimes against person.
i. Crimes against liberty and security.
j. Crimes against property.
k. Crimes against chastity.
l. Crimes against the civil status of persons.
m. Crime against honor.
B. CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. As to the result of crimes:


a. Acquisitive crime– when the offender acquires something as a consequence of his criminal acts.
b. Extinctive crime– when the end result of a criminal act is destructive.

2. As to the time or period of commission:


a. Seasonal crime– those committed only during a certain period of the year
b. Situational Crime– those committed only when given the situation conducive to its commission.

3. As to the length of time of commission:


a. Instant crime– those committed in a shortest possible time.
b. Episodic crime– those committed by a series of act in a lengthy space of time.

4. As to the place of location of the commission:


a. Static crimes- those committed in one place.
b. Continuing crime– those committed in several places.
5. As to the use of mental faculties:
a. Rational crime – those committed by a normal person.
b. Irrational crime – those crimes committed by person deprived of intelligence who do not
know the consequence of his/her action.

6. As to the type of the offenders:


a. White collar crime – those committed by person of respectability and upper socio-
economic class in the course of their occupation activities.
b. Blue collar crime– those committed by ordinary professional criminal to maintain their
livelihood.

7. As to the standard of living of the criminals:


a. Crime of the upper world– falsification cases
b. Crime of the underworld– bag snatching
When does crime exist?
a. Legal viewpoint- person has been proven guilty.
b. Scientific view point- crime exists when it is reported.

Some Distinctions Between Crime, Sin and Immorality:


a. Crime- is against the penal law of a state.
b. Sin- is against the spiritual or divine law.
c. Immorality- is against the unwritten social norms in locality.
d. Crime- is nationalistic
e. Immorality- is regionalistic
f. Crime- is a crime because the law says so.
g. Overcriminalization- too many laws
h. Undercriminalization- not enough laws
WHY MEMBERS OF SOCIETY BE INTERESTED IN CRIMES?

1. Crime is pervasive– Crime as an associate of society affects almost all people.

2. Crime is expensive– the government and private sector spend an enormous amount of money for crime
detection, prosecution, correction and prevention. Those expenses are other:

a. Direct expenses– those spent by government or private sector for the maintenance or the police and security
guards for crime detection, prosecution and judiciary, support of prison systems.

b. Indirect expenses– those expenses utilized to prevent the commission of crimes like the construction of
window grills, fences, gate, purchase of door locks safety vaults, hiring of watchmen, feeding of watchdog, etc.
WHY MEMBERS OF SOCIETY BE INTERESTED IN CRIMES?

3. Crime is destructive– many lives and properties have been lost and destroyed.

4. Crime is reflective– crime rate or incidence in a given locality is reflective of the effectiveness of the social
defenses employed by the people primarily of the police system.

5. Crime is progressive- increase in the volume of crime is on account of the over increasing population.
Crime of Rape

a. acquaintance rape- forcible sex in which offender and the victim are acquainted with
one another.
b. aggravated rape- rape involving multiple offenders, weapons, and victim injuries.
c. date rape- forcible sex during courting relationship.
d. gang rape- forcible sex involving multiple attackers.
e. marital rape- forcible sex between people who are legally married.
f. serial rape- multiple rapes committed by one person over time.
g. statutory rape-sexual relations between an underage minor female and an adult male.
REPUBLIC ACT NO. 11648
1) By a person who shall have carnal knowledge of another person under any of the following
circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under sixteen (16) years of age or is demented, even though none of
the circumstances mentioned above be present: Provided, That there shall be no criminal liability on
the part of a person having carnal knowledge of another person under sixteen (16) years of age
when the age difference between the parties is not more than three (3) years, and the sexual act in
question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, That if
the victim is under thirteen (13) years of age, this exception shall not apply.
"As used in this Act, non-abusive shall mean the absence of undue influence, intimidation,
fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or
maltreatment, either with intention or through neglect, during the conduct of sexual activities with
the child victim. On the other hand, non-exploitative shall mean there is no actual or attempted act
or acts of unfairly taking advantage of the child's position of vulnerability, differential power, or trust
during the conduct of sexual activities."
Crime of Killing

a. homicide- killing of human being by another.


b. parricide-act of killings one’s own father, mother and child, ascendants and descendants.
c. infanticide-killing of an infant less than 3 days old
d. sororicide- killing of one’s own sister.
e. fracticide- killing of one’s own brother.
f. matricide- killing of a mother by her own child.
g. patricide- killing of a father by her own child.
h. uxoricide- act of one who murders his wife.
i. eldercide- the murder of senior citizen
j. abortion- act of killing a fetus into the womb.
k. suicide- taking one’s life voluntarily.
l. regicide- killing or murder of a king.
m. vaticide- killing of a prophet.
n. euthanasia- mercy killing
E. CRIMINALS

• Legal sense- a person has been found guilty through final verdict.
• Criminology sense- a person is considered criminal the moment he committed
any anti-social act.

CRIMINAL AND DELINQUENT

• Criminal- a person who has violated the penal law and has been found guilty
of the crime charges upon observing of the standard judicial procedure.
• Delinquent- a person who committed an act that is not in conformity with the
norms of society.
GENERAL CLASSIFICATION OF CRIMINALS

1. Criminals classified on the basis of etiology

a. Acute criminal– is a person who violate criminal law because of the impulse of the moment, fit of
passion or anger or spell of extreme jealousy
.
b. Chronic criminal– is person who acted in consonance with deliberate thinking.

i. Neurotic criminal– is a person whose actions arise from intra-psychic conflict between the social and anti-
social components of his personality. Ex. Kleptomania

ii. Normal criminal– is a person whose psychic organization resembles that of normal individuals except that
he identified himself with criminal prototype.
. Criminal classified on the basis of behavioral system

a. Ordinary criminal– the lowest form of criminal career, they engage only on conventional crimes
which require limited skill and they lack organization to avoid arrest and convictions.

b. Organized criminal- these criminal has a high degree of organization to enable them to commit
crimes without being detected and committed to specialized activities which can be operated in
large scale business such as racketeering, control of gambling, prostitution and distribution of
prohibited drugs.

c. Professional criminal– they are highly skilled and able to obtain considerable amount of money
without being detected because of organization and contract with other professional criminals.
These offenders are always able to escape conviction. They specialize in the crime which requires
skill games, pick-pocketing, shoplifting sneak thievery counterfeiting and others.
3. Criminals classified on the basis of activities

a. Professional criminal– those who earn their living through criminal activities.

b. Accidental criminal– those who commit criminal acts as a result of unanticipated


circumstances.

c. Habitual criminal– those who continue to commit criminal acts for such diverse reason due to
deficiency of intelligence and lack of self control

d. Situational criminal– those who are actually not criminals but constantly in trouble with legal
authorities because they commit robberies, larcenies, and embezzlement which are intermixed
with legitimate economic activities
4. Criminal classified as a basis of mental attitudes

a. Active aggressive criminal– those who commit crime in an impulsive manner usually due
to the aggressive behavior of the offender. Such attitude is clearly shown in crimes of
passion, revenge and resentments.

b. Passive inadequate criminal– those who commit crimes because they are pushed to it by
inducement, by reward or promise without considering its consequence. They are called
“ulukan”

c. Socialized delinquent– those who are normal in their behavior but merely defective in
their socialization processes. To this group belongs the educated respectable member of
society who may turn criminal on account of the situation they are involved.
F. APPROACHES AND METHODS IN STUDYING CRIMES

1. The Biological Approach – It studies criminal through biological perspectives.

2. Psychogenic Approach – Emphasis is based on linking criminal behavior to mental state, especially
mental evidence disease; mental disorders, pathologies, and emotional problems and they repeatedly
assert that crime is outcome of criminal mind. The root cause of the criminal behavior neither
environmental nor biological than question seems to be unclear.

3. Multifactor Approach – Different crimes are result of different combination of the factors.
G. TYPES OF EXPLANATION TO CRIMINAL BEHAVIOR

a. Single or Unitary Cause – Crime is produce only by one factor or variable, they are either social,
biological or mental. This theory is no longer in use at present.

b. Multiple Factor Theory – Crime is a combination of several factors. Some factors are playing a
major reason while the other is playing the minor role. This is the accepted theory of crime
causation.

c. Eclectic Theory – Crime is one instance maybe caused by one or more factors, while in other
instances it is cause by another set of factors.
DIFFERENT FACTORS THAT ENHANCE THE DEVELOPMENT OF CRIMINAL
BEHAVIOR

1. Criminal Demography – link of criminality and population.


2. Criminal Epidiomology – link of environment and criminality.
3. Criminal Ecology – relation of criminality to spatial sharing in a community.
4. Criminal Physical Anthropology – criminality in relation to physical constitution of
men.
5. Criminal Psychology –human behavior in relation to criminality.
6. Victimology – study of the role of victim in the commission of crime.
H. EARLY EXPLANATION TO THE EXISTENCE OF CRIMINALITY

1. Crime is caused by Demon – It is true during the pagan age. Wrongful act is attributed to the will of devils or other
supernatural beings.

2. Crime is caused by Divine Will – Men manifest criminal behavior because they are sinful so God wants to punish them.

3. Classical School of Thought by Beccaria – Men are fundamentally a biological organism with intelligence and rationality
which control their behavior. Before men do something, they try to determine the amount of pain they will suffer and the
amount of pleasure they will receive. Their future actions will depend on the algebraic sum of the two considerations if
there will be more pain than pleasure, they will desist from doing the act.

4. Neo-Classical School of Thought – Crimes are committed in accordance with the free will of men but the act of
committing a crime is modified by some causes that finally prevail upon the person to commit crimes. These causes are
pathology,incompetence, insanity or any condition that will make it possible for the individual to exercise the free will
entirely.
.CRIME THEORIES

1. Biochemistry theory – is the oldest theory known by many names: biological, constitutional, genetic, and anthropological criminology.
The oldest field is criminal anthropology, founded by the father of modern criminology, Cesare Lombroso, in 1876. Historically, theories of
the biochemistry type have tried to establish the biological inferiority of criminals, but modern biocriminology simply says that heredity and
body organ dysfunctions produce a predisposition toward crime.

2. Psychological criminology has been around since 1914, and attempts to explain the consistent finding that there is an eight-point IQ
difference between criminals and noncriminals. Other psychocriminologists focus on personality disorders, like the psychopaths,
sociopaths, and antisocial personalities.

3. Learning theory - tends to follow the lead of Edwin Sutherland's theory of differential association, developed in 1947, although ideas
about imitation or modeling go back to 1890. Often oversimplified as "peer group" theories, learning is much more than that, and involves
the analysis of what is positively and negatively rewarding (reinforcing) for individuals.
4.Control theory - it focuses upon a person's relationships to their agents of socialization, such as parents, teachers, preachers,
coaches, scout leaders, or police officers.

5. Labeling theory - labeling or shunning reaction.

6. Conflict theory - holds that society is based on conflict between competing interest groups; for example, rich against poor,
management against labor, whites against minorities, men against women, adults against children, etc.

7. Left realism theory - is a mid-1980s British development that focuses upon the reasons why people of the working-class prey upon
one another, that is, victimize other poor people of their own race and kind.

8. Peacemaking criminology came about during the 1990s as the study of how "wars" on crime only make matters worse. It suggests
that the solution to crime is to create more caring, mutually dependent communities and strive for inner rebirth or spiritual
rejuvenation (inner peace).

9. Feminist criminology matured in the 1990s, although feminist ideas have been around for decades. The central concept is
patriarchy, or male domination, as the main cause of crime.
1. SOCIAL STRUCTURE THEORIES

1. Social Disorganization (Neighborhoods) - Based on the work of Henry McKay and Clifford R. Shaw of the Chicago
School. Social disorganization theory postulates that neighborhoods plagued with poverty and economic deprivation
tend to experience high rates of population turnover. Informal social structure often fails to develop, which in turn makes
it difficult to maintain social order in a community.

1.Strain Theory (Social Class) - Strain Theories have been advanced by Merton (1938), Cohen (1955), Cloward and
Ohlin (1960), Agnew (1992), and Messner and Rosenfeld (1994). Strain may be either:
Robert Merton-suggests that mainstream culture, especially in the United States, is saturated with
dreams of opportunity, freedom and prosperity; as Merton put it, the American Dream.

Albert Cohen-tied anomie theory with Freud's reaction formation idea, suggesting that delinquency
among lower class youths is a reaction against the social norms of the middle class. From poorer
areas where opportunities are scarce, might adopt social norms specific to those places which may
include "toughness" and disrespect for authority.

Robert Agnew- In the 1990s, self-generated norms, focused on an individual's immediate social
environment. Individual's actual or anticipated failure to achieve positively valued goals, actual or
anticipated removal of positively valued stimuli, and actual or anticipated presentation of negative
stimuli all result in strain.
Richard Cloward and Lloyd Ohlin

suggested that delinquency can result from differential opportunity for lower class youth. Such youths may be tempted
to take up criminal activities, choosing an illegitimate path that provides them more lucrative economic benefits than
conventional, over legal options such as minimum wage-paying jobs available to Steven F. Messner and Richard
Rosenfeld (1994).

1.4. Subcultural theory- Focused on small cultural groups fragmenting away from the mainstream to form their own
values and meanings about life. The primary focus is on juvenile delinquency because theorists believe that if this
pattern of offending can be understood and controlled, it will break the transition from teenage offender into habitual
criminal. Culture is all that is transmitted socially rather than biologically, representing the norms, customs and values
against which behaviour is judged by the majority.
INDIVIDUAL THEORIES

a. Trait Theory - Biosocial and psychological trait theories have emerged in modern criminology, as scientific
knowledge of genetics, biochemistry, and neurology has grown. Biosocial theorists believe in equipotentiality and
that genetics significantly influence human behavior. They believe that biological factors, together with
environmental and social factors, influence a person's propensity for crime.

b. Control Theory - Another approach is made by the social bond or social control theory. Instead of looking for
factors that make people become criminal, those theories try to explain why people do not become criminal.
Travis Hirschi identified four main characteristics:
a. Attachment to others
b. Belief in moral validity of rules
c. Commitment to achievement and
d. Involvement in conventional activities
In criminology, Social Control Theory as represented in the work of Travis Hirschi fits into the
Positivist School, Neo-Classical School, and, later, Right Realism. It proposes that exploiting the
process of socialization and social learning builds self-control and reduces the inclination to
indulge in behaviour recognised as antisocial.

Four types of control:


1. Direct: by which punishment is threatened or applied for wrongful behaviour, and compliance is
rewarded by parents, family, and authority figures.
2. Indirect: by which a youth refrains from delinquency through the conscience or superego.
3. Internal: by identification with those who influence behaviour, say because his or her delinquent
act might cause pain and disappointment to parents and others with whom he or she has close
relationships.
4. Control through needs satisfaction, i.e. if all an individual's needs are met, there is no point in
criminal activity.
Four types of control:

1. Direct: by which punishment is threatened or applied for wrongful behaviour, and compliance is
rewarded by parents, family, and authority figures.
2. Indirect: by which a youth refrains from delinquency through the conscience or superego.
3. Internal: by identification with those who influence behaviour, say because his or her delinquent
act might cause pain and disappointment to parents and others with whom he or she has close
relationships.
4. Control through needs satisfaction, i.e. if all an individual's needs are met, there is no point in
criminal activity.
Symbolic Interactionism - Symbolic interactionism draws on the phenomenology of
Edmund Husserl and George Herbert Mead, as well as subcultural theory and
conflict theory. This school of thought focused on the relationship between the
powerful state, media and conservative ruling elite on the one hand, and the less
powerful groups on the other. The powerful groups had the ability to become the
'significant other'
a. The guardian in the less powerful groups' processes of generating meaning.
with
respect to the ward prior
to the approval of the
final accounts rendered
upon termination of their
guardianship status.
DRIFT THEORY

David Matza (1964) also adopted the concept of free will. Delinquent youth were neither compelled nor
committed to their delinquent actions but were simply less receptive to other more conventional traditions.
Thus, delinquent youth were "drifting" between criminal and non-criminal behavior and were relatively free
to choose whether to take part in delinquency.

ROUTINE ACTIVITY THEORY


Developed by Marcus Felson and Lawrence Cohen, drew upon control theories and explained crime in terms
of crime opportunities that occur in everyday life. A crime opportunity requires that elements converge in
time and place including (1) a motivated offender (2) suitable target or victim (3) lack of a capable guardian.
.ANOMIE THEORY
In contemporary English, means a condition or malaise in individuals, characterized by an absence or
diminution of standards or values. When applied to a government or society, anomie implies a social unrest
or chaos.
The word comes from Greek, namely the prefix a-“without”, and nomos“law”.
Anomie is a reaction against or a retreat from the regulatory social controls of society.
Anomie defined anything or anyone against or outside the law, or a condition where the current laws were
not applied resulting in a state of illegitimacy or lawlessness.

Anomie = Lack of Regulation / Breakdown of Norms


RATIONAL CHOICE THEORY

Rational choice theory is based on the utilitarian, classical school philosophies of Cesare
Beccaria, which were popularized by Jeremy Bentham. They argued that punishment, if
certain, swift, and proportionate to the crime, was a deterrent for crime, with risks
outweighing possible benefits to the offender.
FACTORS AFFECTING DEVELOPMENT AND EXISTENCE OF CRIMES AND CRIMINALITY

A. THE GEOGRAPHICAL FACTORS

Geography and Crimes


1. North and South Pole– According to the Quetelet “Thermic Law of Delinquency,” crimes against person
predominate in the South Pole and during warm season while crimes against property predominate in the North
Pole and cold countries.

2. Approach to the Equator– According to the Montesquieu (Spirits of Laws, 1748) criminality increase in
proportion as one approach the equator and drunkenness increase as one approaches the north and South Pole.

3. Season of the Year– Crimes against person is more in summer than in rainy season. Climatic condition
directly affects one’s irritability and cause criminality. During dry season, people get out of the house more, and
there is more contact and consequently more probability of personal violence.
A. THE GEOGRAPHICAL FACTORS

4. Soil Formation– More crimes of violence are recorded in fertile level lands than in hilly rugged terrain. Here are more congregations of
people and there is more irritation. There is also more incidence of rape in level districts.

5. Month of the Year– there is more incidences of violent crimes during warm months from April up to July having its peak in May. This is
due to May Festivals, excursion, picnics and other sorts of festivities wherein people are more in contact with one another.

6. Temperature– According to Dexter, the number of arrest increases quite regularly with the increase of temperature affects the emotional
state of the individual and leads to fighting. The influence of temperature upon females is greater than upon males.

7. Humidity and Atmosphere Pressure– According to survey, 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 vitality and emotionally depressing to the
individual.

8. Wind Velocity– under the same study, it was explained that during high wind, the number of arrest were less. It may be due to the
presence of more carbon dioxide in the atmosphere that lessens the vitality of men to commit violence.
B.BIOLOGICAL FACTORS

A MAN AS A LIVING ORGANISM HAS BEEN THE OBJECT OF SEVERAL


STUDIES WHICH HAS THE PURPOSE OF DETERMINING THE CAUSES OF HIS
CRIMES.

ANTHROPOLOGICAL CRIMINOLOGY
IT IS SOMETIMES REFERRED TO AS CRIMINAL ANTHROPOLOGY,
LITERALLY A COMBINATION OF THE STUDY OF THE HUMAN SPECIES AND
THE STUDY OF CRIMINALS. BASED ON PERCEIVED LINKS BETWEEN THE
NATURE OF A CRIME AND THE PERSONALITY OR PHYSICAL APPEARANCE
OF THE OFFENDER.
Theories of Criminal Anthropology

1. Physiognomy- founded by J. Baptiste Della Porte.

The physiognomist Johann Kaspar Lavater (1741-1801) was one of the first to suggest a link between
facial figures and crime.

Physiognomy is a theory based upon the idea that the assessment of the person's outer appearance,
primarily the face, may give insights into one's character or personality.
Theories of Criminal Anthropology

2.Phrenology-fromGreek: "mind";and logos, "knowledge") is a theory which claims to be able to determine


character, personality traits and criminality on the basis of the shape of the head (i.e., by reading "bumps" and
"fissures").

Franz Joseph Gall then developed in 1810 his work on craniology; in which he alleged that crime was one of the
behaviors organically controlled by a specific area of the brain.

Phrenology is based on the concept that the brain is the organ of the mind, and that certain brain areas have
localized, specific functions or modules.
Phrenology, which focuses on personality and character, should be distinguished from craniometry, which is the
study of skull size, weight and shape, and physiognomy, the study of facial features.
3. Study of Physical Defects and Handicapped in relation to crimes–

Leaders of notorious criminal groups are usually nicknamed in accordance with


their physical defects and handicapped such as funny words “Dodong Pilay”,
“Ashiong Bingot”, “Densiong Unano”, “Roger Komaang” and others.
4. Study of Kretschmer by classifying Types of Physique and type of crimes they are prone to
commit:

a. Pyknic Type- those who are stout and with round bodies. They tend to commit deception and
fraud.
b. Athletic Type- those who are muscular and strong. They are usually connected with crimes
or violence.
c. Asthenic Type- those who are skinny and slender. Their crimes are petty thieves and fraud.
d. Dysplastic or Mixed Type– those who are less clear evident having any predominant type.
Their offenses are against decency and morality.
Study of William Sheldon(Varieties of Delinquent Youth)
Somatotype Theory
a. Ectomorphic- long arms and legs and a short upper body and narrow shoulders, and supposedly has a
higher proportion of nervous tissue. They also have long and thin muscles. Ectomorphs usually have a
very low fat storage; therefore they are usually referred to as slim.

b. Mesomorphic- characterized by a high rate of muscle growth and a higher proportion of muscular
tissue. They have large bones, solid torso combined with low fat levels. It is also noted that they have
wide shoulders with a narrow waist.

c. Endomorphic- characterized by an increased amount of fat storage, due to having a larger number of
fat cells than the average person, as well as higher proportion of digestive tissue
Study of Heredity as the Cause of Crimes
The common household expressions like “it is in the blood” “like father like son”.

The following are some proofs to show the role of heredity in the development of criminality:
1. Study of Kallikkak Family Tree - Henry H. Goddard

He is known especially for his 1912 work The Kallikak Family: A Study in the Heredity of
Feeble-Mindedness. He also introduced the term "moron" into the field.
Goddard invented the pseudonym Kallikak by combining a Greek root meaning "beauty"(kallos)
with one meaning "bad" (kakos).
2. Study of Juke Family Tree (Dugdale and Estabrook)

The 19th-centuryview of "degeneracy" led theorists to conceive of social problems such as insanity, poverty,
intemperance, and criminality — as well as idiocy— as interchangeable.

The Jukes :A Study in Crime, Pauperism, Disease, and Heredity (RichardDugdale, 1875), a study of a rural
clan that "over seven generations produced 1,200 bastards, beggars, murderers, prostitutes, thieves and
syphilitics."

From Juke Family:


a. 310 who died as paupers,
b. 150 were criminals,
c. 7 were murderers,
d. 100 were drunkards, and more than half of the women were prostitutes.
3. Study of Sir Jonathan Edwards Family Tree

Sir Jonathan Edwards was a famous preacher during the colonial period. Then his family tree was traced
none of the descendants was found to be criminal.
From Edwards Family:
a. practically no lawbreakers
b. more than 100 lawyers, 30 judges
c. 13 college presidents and hundred and more professors
d. 60 physicians
e. 100 clergymen, missionaries, and theological professors
f. 80 elected to public office, including 3 mayors, 3 governors, several members of congress, 3 senators,
and 1 vice president
g. 60 have attained prominance in authorship or editorial life, with 135 books of merit
h. 75 army or navy officers
C. PSYCHOANALYTIC AND PSYCHIATRIC FACTORS

o Psychoanalytic – the analysis of human behavior.


o Psychiatry – the study of human mind.

Various Studies of the human behavior and mind in relation to the causes of crimes

a. Aichorn in his book entitled Wayward Youth, 1925 said the cause of crime and delinquency is
the fault development of child during the first few years of his life (faulty ego-development)

b. Abrahamsen in his crime and the human mind, 1945 explained the causes of crime through
formula (CB = CT + Inducing situation / PMRT

CB= Criminal Behavior


CT= Criminalistics Tendency
IS= inducing situation
PMRT= Persons Mental Resistance to Temptation
C. PSYCHOANALYTIC AND PSYCHIATRIC FACTORS

c. Cyrill Burt (Young Delinquent, 1925) gave the theory of General emotionality. Excess or a
deficiency of a particular instinct account for the tendency of many criminals to be weak willed
or easily led. Callous type of offenders may be due to the deficiency in the primitive emotion of
love and an excuse of the instinct of hate.

d. Healy (individual Delinquency) claimed that crime is an expression of the mental content of
the individual. Frustration of the individual causes emotional discomfort; personality demands
removal of pain and pain is eliminated by substitute behavior, that is, crime delinquency of the
individual.

e. Bromberg (Crime and the mind, 1946) claimed that criminality is the result of emotional
immaturity
f. Sigmund Freud (The Ego and the Id., 1927) in his Psychoanalytical theory of human personality and
crimes has the following explanations.

a. Id-pleasure principle Selfishness, violence, and anti-social wishes are part of the original instinct of
man.

b. Ego- The child begins to acquire an awareness of one self-instinct from the environment. Decisions are
reached in terms of reality principle.

c. Super Ego-means the conscience of man. The super-ego tries to correct or control the ego and may be
represented by the voice of God. Moral truth, Commandments of society, good for the whole will of the
majority, cultural conventions and other rules.
THE GIANELL INDEX OF CRIMINALITY
This criminosynthesis explain the reason why a person may commit a crime and inhibit him self from
doing so under the following conditions:
1. Internal Inhibition- It refers to all types of internal forces which may prevent a person from
committing a crime. Ex. respect.
2. External Inhibition- This refers to all type of external forces which may prevent an individual from
committing crime. Ex. disgrace in the community or punishment.
3. Contact with Reality- This refers to the extent to which the person can learn from his past
experiences, especially his past mistake and foresee the consequence of his present action in relation to
his future.
4. Situation Crime Potential (opportunity)-This refers to the cultural opportunity to commit the crime,
that is to the easiness or possibilities to commit a crime offered by a given place, situation person or
environment.
5. Potential Satisfaction- This refers to the balance and loss that a person may experience if he commits
a given crime. If a person has nothing to lose, he is more likely to commit the crime.
D. PSYCHIATRY
Is a branch of medicine which exists to study, prevent, and treat mental
disorders in humans.

Mental Disturbance as Cause of Crimes


1. Mental Deficiency – a condition or incomplete development of the mind
existing before the age of 18, whether arising from the inherent causes or
induce by disease or injury. Mentally deficient person are prone to commit
malicious damage to property and unnatural sex offenses. They may
commit violent crimes but definitely not crimes involving the use of
mentality.
Classes of Mental Deficiency:
1. Idiot– Their mentality is compared to a 2 years old person.

2. Imbecile– Their mentality is like a child of 2 to 7 years old.

3. Feeble-minded Person– Not amounting to imbecility is yet so pronounce that


they required care, supervision and control for their own or for the protection of
others.

4. Schizophrenia– this is something called dementia praecox which is a form of


psychosis characterized by thinking disturbance and regression to a more relatively
impaired and intellectual functions are well preserve. The personal appearance is
dilapidated and the patient is liable to impulsive acts, destructively and may
commit suicide.
5. Compulsive Neurosis– this is the uncontrollable or irresistible impulse to do something.

This neurosis maybe in the following forms:


a. Pyromania– compulsive desire to set fire.

b. Homicidal Compulsion– the irresistible urge to kill somebody.

c. Kleptomania– the completive desire to steal.

d. Dipsomania– the compulsive desire to drink alcohol.

6. Psychopathic Personality– this is the most important cause of criminality among youthful offenders
and habitual criminals. This is characterized by infantile level of response lack of conscience,
deficient feeling of affection to other and aggression to environment and other people.
Epilepsy– this is a condition characterized by conclusive seizure and a tendency to mental
deterioration. The seizure may result to extreme loss of consciousness. During the attack the
person become muscularly rigid, respiration cases, froth on the mouth and tongue maybe bitter.
Just before the actual convulsion, there may be mental confusion, hallucination or delusion and
may commit violent crimes with out provocation. After the attack, the person may be at the state
of altered consciousness and may wonder from one place to another and inflict bodily harm.

Types of Epilepsy
a. Grand Mal– there is complete loss of consciousness and general contraction of the muscles.

b. Petit Mal– mild or complete loss of consciousness and contraction of muscles.

c. Jackonism Type– localized contraction of muscle with or without loss of consciousness.


8. Alcoholism– this is a form of vice causing mental disturbance. Person is
under the influence of liquor may commit violent crimes and inflict physical
injuries. Habitual drunkard may commit suicide, sex offence and exquisites
crimes. Young children, likewise, may become delinquent.

9. Drug Addiction– this is another form of vice which cause strong mental
disturbance.
SOCIOLOGICAL CAUSES OF CRIMES

Sociological causes refer to things, place and people with whom we come in contact which play a part
in determining out actions and conduct.

Sociological Theories of the Causes of Crimes


1. Differential Association Theory (DAT) - In criminology, Differential Association(1883–1950) is a
theory developed by Edwin H. Sutherland proposing that through interaction with others, individuals
learn the values, attitudes, techniques, and motives for criminal behavior.

Edwin H. Sutherland was the author of the leading text Criminology, published in 1924, first stating
the principle of differential association in the third edition retitled Principles of Criminology.

Note: Edwin Sutherland was known as the Father of American Criminology


SOCIOLOGICAL CAUSES OF CRIMES

2. Differential Identification Theory (by Daniel Classer) - A person with the


propensities of becoming a thief will consider thieves as their ideal person to
identify themselves. It may be done by identifying themselves with character in
movies, radio and televisions.

3. Imitation-Suggestion Theory (by Gabriel Tarde) - The learning process may


either be conscious type of copying (imitation) or unconscious copying
(suggestion) of confronting patterns of behavior.
4. Differential Social Organization Theory - This is sometimes called social disorganization; there is
social disorganization when there is a social change, conflict of values between the new and the old.
There is lack of well-defined limit to behavior, a breakdown of rules and absence of definite role for
the adolescence to play.

5. Conflict of Culture Theory (by Thorsten Sellin) - It was emphasized that the multiplicity of
conflicting culture is the principal source of social disorganization. The high crime and delinquency
rates of certain ethics or racial group is explained by their exposure to diverse and incongruent
standards and codes of larger society.

6. Containment Theory (by Reckless) - Accordingly, criminality is brought about by the inability of
the group to contain the behavior of its group and that of effective containment of the individual into
the value of system and structure of society will minimize the crime.
Other sociological causes of crime
1. Lack of Parental Guidance- today’s delinquent is tomorrow’s Criminal.

2. Broken Homes and Family


3. Injuring Status of Neighborhood - The residence is slum or impoverished areas
will lower the social status of the child. As a rule, people are influenced by these
surroundings and often get in trouble.
4. Bad association with Criminal Groups - The old age that says, “One bad apple
will spoil a barrel of good ones”.
5. Lack of Recreational Facilities for Proper use of Leisure Time - An idle mind is
the devil’s workshop.
6. Lack of Employment
F. OTHER CRIMINOGENIC FACTORS OR CAUSES OF CRIMES

1. Failure of the School in Character Development of the Children and the Youth.
2. The Mass Communication Media develop an artificial environment of crimes
and delinquency and influence the public to violate the law.
3. Political causes may bring about on artificial set or crime
4. There are too many laws and ordinances passed and violated.
5. The police and other law enforcement agencies are enforcing the laws carelessly
and the people are impressed with the idea that they can break the law with
impunity from punishment and arrest.
6. Leniency of the courts to impose stiffer penalties which encourage commission
of crimes etc...
VII. VICTIMOLOGY and PENOLOGY

A. PENOLOGY

- It is concerned with the control and prevention of crime and the treatment of youthful
offenders.
Penologist - A person who studies the science or art of punishment.
Retribution - Many of the early professional specialists were experts at execution, torture,
and mutilation. The Code of Hammurabi (circa 1700 B.C., often cited as the world's first
legal code) justice is in the form of "life for life, eye for eye, tooth for tooth, hand for
hand, foot for foot, burning for burning, wound for wound, and stripe for stripe".
- Punishment of this type follows the principle of lex talionis (the law of retaliation), and
it is based on the notion of talion (or equivalence between crime and its punishment).
B. PRINCIPLES IN THE PHILOSOPHY OF RETRIBUTION

1. Proportionality – refers to the equal implementation of law

2. Just desert - is the right term if we consider the culpability (degree of intent or willfulness) of each offender
in addition to the ranked seriousness of their offense. Punishment is deserved with no idea of vengeance or
retribution.

3. Equity - if we take consistency to the extreme and see to it that all offenders who commit the same crime
with the same degree of culpability get exactly the same punishment.
B. PRINCIPLES IN THE PHILOSOPHY OF RETRIBUTION

4. Reciprocity - if we look at the punishment as a natural part of the social order and feel satisfied that the
offender has been appropriately punished.

5. Retributive - if the offender happens to agree with the appropriateness of the punishment, or at least accepts
some blame or shows remorse, or the upholding of human dignity through the mutual acceptance of a fair and
just punishment. Simply called the justice model by David Fogel (1975) in the book, We Are the Living Proof:
The Justice Model for Corrections. Basically, the justice model is a rejection of all hopes for rehabilitation and
the indeterminate sentence.
Utilitarianism - The philosophy of utilitarianism developed at a time in history when intellectuals were
concerned with the idea of social contract.

Social Contract consists basically of the doctrine that an individual is only bound to society by their
consent, and that through this consent (often implied if the person remains in that society and doesn't
move), society has a reciprocal responsibility to them (such as protecting their life, property, and welfare).

The root word in utilitarianism is "utility" which means "useful." Punishment exists to ensure the
continuance of society and to deter people from committing crimes. Deterrence comes, not from trying to
be harsh, but from punishment that is appropriate (severity), prompt (celerity), and inevitable (certainty).

Prisons and penology are of particular interest to utilitarians because prisons are supposed to be the least
costly way to accomplish "pain with a purpose."
Kinds of Deterrence

1. Specific Deterrence (Individual Deterrence) often takes the form of an older


principle called incapacitation. The idea is to make it impossible for an
individual to commit another crime, at least while they're in prison. Specific
deterrence calls for inmates to be closely guarded and monitored at all times.
In fact, Bentham proposed a type of prison system known as the Panopticon
design (Panopticon means all-seeing eye).

2. General Deterrence (Societal Deterrence) is what most people mean when they
speak of deterrence. The principle here is that others (potential criminals) will
want to avoid criminal behavior because of the example provided by punishment.
This kind of goal makes prisons as responsible for crime prevention as police are
expected to be.
Restorative Justice

Restorative justice approaches are sometimes called communitarian, reintegrative or


redemptive approaches try to maximize forgiveness, hope, accountability, and positive
outcomes for all parties, especially but not limited to communities which have
experienced the most harm and could benefit the most from harm reversal.
C. PUNISHMENT

CAPITAL PUNISHMENT (BEFORE PENAL SERVITUDE)


DEATH - MANY, IN FACT MOST, DEATH SENTENCES WERE NOT CARRIED OUT. THROUGH BENEFIT OF CLERGY, USE OF
PARDONS, AND RESPITED SENTENCES DUE TO PREGNANCY OR IN ORDER TO PERFORM MILITARY OR NAVAL DUTY, MANY OF
THOSE SENTENCED TO DEATH WERE NOT ACTUALLY EXECUTED.
A. DEATH WITH DISSECTION AND HANGING IN CHAINS
B. DEATH BY HANGING
SOME METHODS OF CAPITAL PUNISHMENT
1. ASPHYXIATION (OR STRANGULATION)
2. BOILING TO DEATH
3. BURNING, FOR RELIGIOUS HERETICS AND WITCHES ON THE STAKE
4. BURIAL (ALIVE, ALSO KNOWN AS THE PIT)
6. DECAPITATION, OR BEHEADING (AS BY SWORD, AXE OR GUILLOTINE)
7. DROWNING
8. ELECTROCUTION (ALSO ELECTRIC CHAIR)
9. EXPOSURE IN ANIMAL SKIN
10. POISONING ( NATURAL POISONS)
11. SHOOTING CAN BE PERFORMED EITHER
12. SLOW SLICING
13. STABBING
16. STARVATION AND DEHYDRATION (SOMETIMES AS IMMUREMENT)
17. STONING
18. QUARTERING (THROUGH HORSES, DOGS, CROCODILES, INSECTS ETC.)
D. PUNISHMENTS USED IN THE 18TH AND 19TH CENTURY

Transportation - convicts were sent out to the British colonies in the Americas and
Australia and either sold into slavery (America) or forced to fend for themselves and
live in penal colonies (Australia).
Branding - The offender was scarred with a hot iron on the flesh part of the hand or on
the cheek. A murderer would be branded with the letter 'M', vagrants with the letter 'V'
and with letter 'S' for slave. Note: Branding was abolished in 1799.

The Pillory - Is one of the most popular punishments of the later 17th century. Note:
The Pillory was eventually abolished in 1837.
E. FORMS OF CORPORAL PUNISHMENT

a. Whipping- whipping post- cat-o-nine-tails


b. Public humiliation-for women who had been accused of scandalous language,
gossip or nagging there was a contraption, known as the 'scolds bridle' or 'brank'.

The Development of Prison as a Punishment


At the beginning of the 19th century there was a growing disinclination in England
of imposing any public punishment such as whipping and the gallows, this led to a
growing use of confinement as punishment. In 1808 Samuel Romily led a campaign
to restructure the criminal law system by radically decreasing the use of the death
penalty.
Imprisonment as a Modern form of Punishment
A prison, penal penitentiary, or correctional facility is a place in which individuals
are physically confined or interned and usually deprived of a range of personal
freedoms.

In popular parlance of many countries, the terms jail or gaol are considered
synonymous with prison, although legally these are often distinct institutions. The
first "modern" prisons of the early 19th Century were sometimes known by the term
"penitentiary" (a term still used by some prisons in the USA today): as the name
suggests, the goal of these facilities was that of penance by the prisoners, through a
regimen of strict disciplines, silent reflections, and maybe forced labor on tread
wheels and the like (Auburn system).
THE PURPOSE OF PRISON
1. PUNISHMENT
2. DETERRENCE AND
3. REHABILITATION

RESPONSIBILITIES OF PRISONS
1. THE SAFEKEEPING OF ALL INMATES;
2. THE MAINTAINING AND IMPROVING OF WELFARE OF ALL
CONFINED WITHIN IT;

3. AND THE PERFORMANCE OF THESE OBJECTIVES WITH THE


MAXIMUM OF EFFICIENCY AND ECONOMY.
The Psychological Effects of Imprisonment
Prison Structure
Lately, no form of torture could have been worse than solitary confinement because it ended up
causing within many prisoners adverse psychological effects such as:
1. Delusions – a situation where a person sees something that is not present or true
2. dissatisfaction with life -
3. claustrophobia – a fear of an enclosed space or room.
4. Depression – a result of stress
5. feelings of panic – when a person do not know what to do
6. And on many instances madness.

All of which are symptoms of chronophobia – a state often referred to as prison neurosis.
Effects of being victimized include:
1. feeling helplessness and depression,
2. physical injury,
3. disruption of social relationships,
4. damaged self-image,
5. self-mutilation and suicide,
6. psychosomatic disease – a mentally induced physical illness caused
by mental factors such as stress, etc.
7. also increased difficulties in adjusting to life after release.
Four short-term effects that have been noted by prison psychologists include feelings of:

1. Guilt– particularly in men who get an erection and feel as though they were active participants.
2. Shame– at not being able to defend ones self and their masculine inadequacies
3. Suicidal Tendencies– due to fear of continued victimization or the possibility of having
contracted diseases, and
4. Fear of becoming, or having become homosexual

Issues in Jail or Prison


• Crowding
• Riots
• Prison Suicide
• The Role of Prison Psychologists
• Rehabilitation Programs for Prisoners in the Philippines
Rehabilitation- it means to restore to useful life, as through therapy and education or to restore to good
condition, operation, or capacity.
Process of Classification - Classification is a method by which diagnosis, treatment, planning and
execution of treatment programs are coordinated in the individual case. For this purpose, the following
are the three (3) phases of the classification process, namely:
1. Diagnosis
2. Treatment planning
3. Execution of treatment program
Rehabilitation Programs
Employment of Prisoners
Religious Services
Educational Program
Recreational Program
Library Services
Health and Medical Services
Counseling
JURIDICAL CONDITIONS OF PENALTY
UNDER THE PHILIPPINE PENAL SYSTEM, THE FOLLOWING ARE THE
CONDITIONS OF THE IMPOSITION OF PENALTY:

1. MUST BE PRODUCTIVE OF SUFFERING BUT MUST NOT DESECRATE THE


HUMAN PERSONALITY,
2. MUST BE PROPORTIONATE TO THE CRIME,
3. MUST BE PERSONAL,
4. MUST BE LEGAL
5. MUST BE CERTAIN SO THAT ONE CAN NOT ESCAPE FROM IT,

6. MUST BE EQUAL, AND


7. MUST BE CORRECTIONAL.
G. VICTIMOLOGY

Is the scientific study of victimization, including the relationships between


victims and offenders, the interactions between victims and the criminal
justice system -that is, the police and courts, and corrections officials -and the
connections between victims and other societal groups and institutions, such as
the media, businesses, and social movements.
H. VICTIMOLOGY THEORY

The concept of victim dates back to ancient cultures and civilizations, such as the ancient Hebrews. Its original meaning
was rooted in the idea of sacrifice or scapegoat -- the execution or casting out of a person or animal to satisfy a deity or
hierarchy. During the founding of victimology in the 1940s, victimologists such as Mendelson, Von Hentig, and
Wolfgang tended to use textbook or dictionary definitions of victims as hapless dupes who instigated their own
victimizations known notion of "victim precipitation".

Over the years, ideas about victim precipitation have come to be perceived as a negative thing; "victim blaming" it is
called.

Crime victim generally refers to any person, group, or entity who has suffered injury or loss due to illegal activity. The
harm can be physical, psychological, or economic.

Type of Victims
a. Primary crime victims
b. Secondary crime victims
c. Tertiary crime victims
. HISTORY OF VICTIMOLOGY

The scientific study of victimology can be traced back to the 1940s and 1950s. Two criminologists
(victimologist), Mendelsohn and Von Hentig, began to explore the field of victimology by creating
"typologies". They are considered the "fathers of the study of victimology."

Mendelsohn (1937) interviewed victims to obtain information, and believe that most victims had an
"unconscious aptitude for being victimized." He created a typology of six (6) types of victims, with only the
first type, the innocent, portrayed as just being in the wrong place at the wrong time.

The other five types all contributed somehow to their own injury, and represented victim precipitation.
. HISTORY OF VICTIMOLOGY

Von Hentig (1948) studied victims of homicide, and said that the most likely type of victim is the "depressive
type“ who is an easy target, careless and unsuspecting. The "greedy type" is easily duped because his or her
motivation for easy gain lowers his or her natural tendency to be suspicious. The "wanton type" is particularly
vulnerable to stresses that occur at a given period of time in the life cycle, such as juvenile victims. The
"tormentor," is the victim of attack from the target of his or her abuse, such as with battered women.
2. Benjamin & Master's Threefold Model - This one is found in a variety of criminological studies, from prison
riots to strain theories.
Conditions that support crime can be classified into three general categories:
1. Precipitating Factors - time, space, being in the wrong place at the wrong time.

2. Attracting Factors - choices, options, lifestyles (the sociological expression "lifestyle" refers to daily routine
activities as well as special events one engages in on a predictable basis).

3. Predisposing Factors - all the sociodemographic characteristics of victims, being male, being young, being
poor, being a minority, living in squalor, being single, being unemployed.
Cohen & Felson's (1979) Routine Activities Theory - This one is quite popular among victimologists today
who are anxious to test the theory.
Crime occurs whenever three conditions come together:
1. Suitable Targets - and we'll always have suitable targets as long as we have poverty.
2. Motivated Offenders - and we'll always have motivated offenders since victimology assumes anyone
will try to get away with something if they can; and
3. Absence of Guardians - the problem is that there's few defensible spaces (natural surveillance areas) and
in the absence of private security, the government can't do the job alone.
Crime Prevention and Protection Principles

1. Primary Prevention - involves altering the environment in such a way that the root causes, or at least the
facilitators, of crime are eliminated.

2. Secondary Prevention - involves a focus upon specific problems, places, and times with the twin goals of
reducing situation-specific opportunities for crime and increasing the risks for committing crime. Following
Clarke (1980), many people call this situational crime prevention.

3. Tertiary Prevention - characterized by being reactive, or after the fact. Examples would include personal
injury or property insurance as well as self-protective measures engaged in by those who have been
victimized previously. It also includes get-tough legislation and other legal reforms which make the
punishment for crime more certain, severe, and swift.
CRIMINAL JUSTICE SYSTEM RESPONSE TO VICTIM

THE RISK OF BECOMING A CRIME VICTIM VARIES AS A FUNCTION OF S.A.U.C.E.R


(SOCIODEMOGRAPHIC CHARACTERISTICS):
1. SEX - MALE OR FEMALE
2. AGE - YOUNG, MIDDLE AGED, OR ELDERLY
3. URBAN - URBAN OR RURAL
4. CLASS - SOCIOECONOMIC CLASS
5. ETHNICITY - RACIAL CHARACTERISTICS
6. RELIGION - RELIGIOUS PREFERENCE
CRIMINAL JUSTICE SYSTEM RESPONSE TO VICTIM

SEX - WITH THE EXCEPTION OF SEXUAL ASSAULT AND DOMESTIC VIOLENCE, MEN HAVE HIGHER RISK OF ASSAULT THAN
WOMEN.

LIFETIME RISK OF HOMICIDE IS THREE TO FOUR TIMES HIGHER FOR MEN THAN WOMEN.

AGE - ADOLESCENTS HAS HIGHER RATES OF ASSAULT THAN YOUNG ADULTS. DATA FROM THE NATIONAL CRIME
VICTIMIZATION SURVEY INDICATE THAT 12-TO-19 YEAR OLDS ARE 2 TO 3 TIMES AS LIKELY AS THOSE OVER 20 TO BECOME
VICTIMS OF PERSONAL CRIME EACH YEAR. DATA FROM THE NATIONAL WOMEN'S STUDY INDICATE THAT 62% OF ALL
FORCIBLE RAPE CASES OCCURRED WHEN THE VICTIM WAS UNDER 18 YEARS OF AGE.

URBAN - CRIME AND VICTIMIZATION IS MOSTLY AN URBAN PROBLEM.

CLASS - VIOLENCE DISPROPORTIONATELY AFFECTS THOSE FROM LOWER SOCIOECONOMIC CLASSES.


ETHNICITY - RACIAL AND ETHNIC MINORITIES HAVE HIGHER RATES OF ASSAULT THAN OTHER AMERICANS. AFRICAN-
AMERICANS ARE SIX TIMES MORE LIKELY THAN WHITE AMERICANS TO BE HOMICIDE VICTIMS.
RELIGION - CERTAIN RELIGIOUS GROUPS TEND TO BE REGULARLY PERSECUTED, AND OVER REPRESENTED IN HATE CRIME
STATISTICS.
Restorative Justice It is commonly known as a theory of criminal justice
that focuses on crime as an act against another individual or community rather
than the state. The victim plays a major role in the process and may receive
some type of restitution from the offender.
Victim-offender mediation
Victim-offender mediation, or VOM (also called victim-offender dialogue,
victim-offender conferencing, victim-offender reconciliation, or restorative
justice dialogue), is usually a face-to-face meeting, in the presence of a trained
mediator, between the victim of a crime and the person who committed that
crime.
EXECUTIVE CLEMENCY
1.PARDON
TWO (2) KINDS

A. ABSOLUTE PARDON

B. CONDITIONAL PARDON
2. AMNESTY- FROM THE GREEK AMNESTIA, OBLIVION. THE WORD
HAS THE SAME ROOT AS AMNESIA.
3. JUDICIAL REPRIEVE- A TEMPORARY DELAY IN IMPOSITION OF
THE DEATH PENALTY (A PUNISHMENT WHICH CANNOT BE
REDUCED AFTERWARDS) BY THE EXECUTIVE ORDER OF THE STATE.
4. COMMUTATION OF SENTENCE- INVOLVES THE REDUCTION OF
LEGAL PENALTIES; ESPECIALLY IN TERMS OF IMPRISONMENT.
SUSPENSION OF SENTENCE
Probation in the Philippines - Probation was first introduced in the Philippines during the American colonial period (1898 - 1945)
with the enactment of Act No. 4221 of the Philippine Legislature on August 7, 1935. This law created a Probation Office under the
Department of Justice. On November 16, 1937, after barely two years of existence, the Supreme Court of the Philippines declared
the Probation Law unconstitutional.
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law by the President
of the Philippines.

The probation system started to operate on January 3, 1978. Note: Teodulo Natividad authored our Probation Law (P.D. 968). Thus
he was considered as the father of probation in the Philippines.

Probation Conditions - The grant of probation is accompanied by conditions imposed by the court:
1. The mandatory conditions

2. Special or discretionary

Parole
Republic Act 4103 Indeterminate Sentence Law as amended.
Note: Probation/Parole, is a community-based treatment program
THEORIES OF CRIME CAUSATION
OVERVIEW

THEORY
Greek word, “Theoria” which means “viewing,
“thinking” or “reflecting”
-Explanation of a certain phenomenon/event.
CRIMINOLOGICAL THEORY

Are abstract concepts that


systematically describe the causes or
genesis of crime
.
Demonological Theory- earliest
theory of crime causation that is
grounded by the belief that criminals
were possessed by evil spirits- a
supernatural force beyond one’s control which compel them to
commit crimes
III. CLASSICAL SCHOOL OF CRIMINOLOGY

-views crime as a product of FREE WILL, HEDONISM AND RATIONAL


CHOICE.
-Human actions are result of rational calculation of the costs and benefits

FREE WILL- human’s freedom or capacity to decide on their own


HEDONISM- pain-pleasure principle
RATIONALITY- decision with sound judgment, decide on things based on reasons
UTILITARIANISM- “the greatest happiness for the greatest number of people”
CESARE BECCARIA

o His theory was based on free will and that people want to achieve pleasure
and avoid pain.
o To deter crime, one must administer pain in an appropriate amount to
counterbalance the pleasure obtained from crime.
o The catch phrase was “let punishment fit the crime.”
Jeremy Bentham

o His work was governed by the utilitarian theory (greatest happiness for the
greatest number of people).

Founded panopticon
Summary Points of Classical School Theory
1. People have free will to choose how to act and what to do.
2. Deterrence is based upon the ontological notion because a human being is
any of the following:
a. Hedonist – refers to a person who only seeks pleasure and avoids pain.
b. Rational Calculator – refers to person’s weighing up the costs and benefits
before committing any act.
3. The swifter and certain the punishment, the more effective it is in deterring
criminal behavior.
4. Punishment (of sufficient severity) can deter people from committing crime
because the cost outweighs benefits and severity of punishment should be
proportionate to the crime.
Arguments against Classical Theory

1. UNFAIR – because it treats all men as if they were robots without regard to
the individual differences and the surrounding circumstances when the crime
was committed.
2. UNJUST – because it provides the same punishment whether a criminal is a
first-time offender or recidivists.
3. The theory has nature and definition of punishment that is NOT
individualized.
 OTHER CONCEPTS
• Deterrence
It states that if punishment is certain, severe, and swift, then people will refrain
from committing criminal acts.
Types of Deterrence
 Specific Deterrence - aimed at the wrongdoer and tries to deter him from
crime by punishing him.
 General Deterrence - aimed at everyone. It deters everyone from committing
a crime by punishing the criminal and thus establishing an example
ELEMENTS OF DETERRENCE

 CELERITY/SWIFT - SPEED WITH WHICH THE PUNISHMENT IS APPLIED.


 CERTAINTY- THE CONCEPT OF MAKING A PUNISHMENT SURE TO HAPPEN
WHENEVER AN UNDESIRABLE ACT IS COMMITTED.
 SEVERITY- THE AMOUNT OF PAIN TO BE INFLICTED ON THOSE WHO DO
HARMFUL ACTS.
 NEO-CLASSICAL THEORY
o recognized the existence of free will but argues that
certain individuals cannot exercise free will
intelligently by reason of age, mental condition, or
circumstances such as minority, insanity, or duress.
.
RATIONAL CHOICE THEORY

• Law violating behavior occurs when an offender decides to risk breaking the
law after considering both personal factors and situational factors.
• People who believe that the risk of crime outweighs the rewards may decide to
go straight. If they think they are likely to get arrested and punished, they are
more likely to seek treatment and turn their lives around than risk criminal
activities.
 ROUTINE ACTIVITIES THEORY
Lawrence Cohen & Marcus Felson
o It suggests that crime is a product of people’s daily
activities.
o Offenses can be expected if there is:

- The availability of suitable target;


- The absence of capable guardians; and
- The presence of motivated offenders.
IV. POSITIVIST SCHOOL OR ITALIAN

 THE POSITIVIST CRIMINOLOGY CAME INTO BEING DURING THE


SECOND HALF OF THE 19TH CENTURY.

• CRIME IS A PRODUCT OF INTERNAL AND EXTERNAL FACTORS


BEYOND THEIR CONTROL

• INDIVIDUALIZED PUNISHMENT, TREAT CRIMINAL AS A SICK


INDIVIDUAL
Cesare Lombroso

o He believed that empirical or scientific study of


crime, criminals and criminal behavior was essential.
o His emphasis was on determinism against free will.
o Father of modern criminology
o Wrote the book entitled “The Criminal Man” in
1876.
o Asserts that man becomes criminal by born.
Types of Criminals According to Lombroso

a. Atavist – known as born criminal

b. Insane Criminal – they become criminal as a result of an alteration of the brain


which completely upsets their moral nature.

c. Criminaloid – further categorized as “habitual criminal”, who become so by


contact with other criminals, or other distressing circumstances.

d. “criminal by passion”, hot-headed and impulsive persons who commit violent


acts when provoked.
1. Enrico Ferri
• Crime is not only a product of of anthropological or
individual factors ( intelligence, age,sex etc) but also
sociological factors (family circumstances, religion,
societal issues) and geographical or environmental
(weather condition)
• CRIMINAL SOCIOLOGY
2. Raffaele Garofalo

o He rejected the idea of free will and supported the position that the only way
to understand crime is to study it by scientific methods.
o He attempted to formulate sociological definition of crime that would
designate those acts which can be repressed by punishment.

NATURAL CRIME- those acts or conducts that violated the two basic moral
sentiments (probity and pity)

Not physical deficiency but moral defectiveness.


BIOLOGICAL THEORIES OF CRIME CAUSATION
-theories that link crime with human being’s physical
or biological dispositions. It clings on the idea that
criminality has something to do with person’s genetic
Theory of Atavism by Cesare Lombroso

Criminals are identifiable through physical anomalies and


stigmata

-criminals are having the appearance of pre human forms- a


primitive stage of evolution.
• PHYSIOGNOMY
- the study regarding structure and
characteristics of human face.
- Study of persons personality trait based on
facial appearance.
Physiognomic Interpretation
-men with big upper lips signified stupidity
-fat/flat nose –stupidity
-pointed nose- choleric(easily anger)
-Lion like nose- generosity
-hawk or eagle nose- magnanimous (narcissistic)
-fine hair like rabbit (timid)
-rough hair like lion (courage)
-Fat ears like ox - lazy
• PHRENOLOGY/ CRANIOLOGY

- the study of a human skull in where an attempt is made to


find out the close relationship between human skull
features & crimes.
- Persons personality based on the formation of the skull
• BODY TYPE THEORIES

1. William Sheldon (somatotype)


- He tries to establish a co-relation between physical
structure of the criminal & the crime.
- He attributes criminality to endomorphic &
mesomorphic rather than the ectomorphic.
2. ERNEST KRETSCHMER

-link between personality and body physique

HE SUGGESTED THE FOLLOWING BODY TYPES:


A. ASTHENIC – thin and narrow, introvert, shy, timid-petty theft or fraud

B. ATHLETIC- muscular/ aggressive- crimes against person

C. PYKNIC- fat, happy sometimes irritable

D. DYSPLASTIC OR MIXED- decency and morality


3. Earnest Hooton’s Theory - He reexamined the work of Goring and able to identify the
type of crimes mostly committed by different person classified according to their type
of physique.
 TRAIT THEORIES - the view that criminality is a product of abnormal biological or
psychological traits.

A. BIOSOCIAL TRAIT THEORIES

• BIOSOCIAL THEORY - It combines the study of the effects of biology, behavior and the
environment on criminal behavior.

Biochemical conditions and Crime


a. Biochemical – these are conditions that are genetically predetermined and those acquired
through diet, hormonal influences, and environmental contaminants.
b. Neurophysiological – this refers to the study of brain activity in which brain structure, brain
damage and brain chemicals have been related to violent crime.
c. Genetic – children of criminal parents should be more likely to become law violators that the
offspring of conventional parents.
HEREDITY AND CRIME

• Juke Family Tree by Dugdale & Estabrook –


- A family of “mental degenerates”.

-Dugdale study five daughters of Max Juke: Ada, Belle, Clara, Delia
and Effie.

-Ada Juke- “Margaret, mother of all criminals”


-709 descendants, 181 prostitutes, 142 paupers and 1066 illegitimate
births
HEREDITY AND CRIME

• Kalikkak Family Tree by Henry Goddard –

-Greek “Kallos” beauty or good, “kakos” means bad.


-Martin Kallikak, soldier, “good offspring” “bad offspring”

-Quaker 7 (member of Christian group) and feebleminded (Martin


Kallikak Junior) prostitutes, thieves, brothel owners, alcoholics
HEREDITY AND CRIME

•JONATHAN EDWARDS FAMILY TREE (Winship) –


Preacher
-none of the descendants was found criminal. Many became judges,
physicians, college president, mayors, vice president, senators, professors etc
TWIN STUDIES

MZ- refers to identical twins


DZ- refers to fraternal twins who are not
identical, twins who share only half of their genes
52 percent similar behavioral patterns among MZ
Compared to DZ (fraternal twins) which has 22
percent only.
ADOPTION STUDIES

Adoption studies argued that criminal


behavior exhibited by adopted children were
hereditary in nature
•EVOLUTIONARY THEORY

Charles Darwin

o He claimed that humans, like animals, are parasites.


o Some criminologists believe that human traits that produce violence and
aggression are produced through the long process of human evolution.
B. PSYCHOLOGICAL THEORIES OF CRIME CAUSATION –
these explains that crimes are caused by mental, behavioral or emotional
aspects.

• PSYCHOANALYTICAL THEORY
Sigmund Freud
o Father of Psychoanalysis
o Emphasizes personality development and early childhood experiences.
- Crime results in underdeveloped super ego and overdeveloped super ego
Three Components of Personality
1. ID
 It refers to the impulses or instincts of social drives.
 ID is the animalistic self. Present at birth. Pleasure principle.

2. Ego
 The mediator between the ID and Superego.
 It refers to the developing awareness of self or “I”.
 Decisions are reached in terms of reality principle.
3. Superego
 Means the conscience of the man or the “moral principle”.
 It is the socialized component of the personality. 5 years old
Five Psychosexual Stages of Human Development
1. Oral stage
 From birth to age 2
 Tongue and gums are the focus of sensual pleasure, and
the baby develops an emotional attachment to the person
providing these satisfactions (primarily through feeding).
2. Anal stage
 From ages 2 to 4
 Children focus on pleasures associated with control and
self-control, primarily with respect to defecation and toilet
training
3. Phallicstage
 From ages 4 to 5
 Children derive pleasure from genital simulation. They are also interested in the
physical differences between the sexes and identity with their same-sex parent.
*Electra Complex – refers to the stage when a girl develops a desire to possess her
father and a hatred and fear to her mother.

*Oedipus Complex – refers to the stage when a boy develops a desire to possess his
mother and a hatred and fear to his father.

Castration anxiety- a term used to describe the boys feeling of fear to his father that he
will take revenge by castrating him.

4. Latency stage
 From ages 6 to puberty
 Is when sensual motives subside and psychological energy is channeled into
conventional activities, such as schoolwork.
\
5. GENITAL STAGE (puberty and up) commences when the
child enters the period of puberty- a stage where the little boy\
or girl transitioned into adolescence becoming into a sexually
matured and a reproductive ready individual.

An increase in sexual hormones resulting to an increase in


sexual desire with opposite sex.
SELF CONTROL THEORY ( GENERAL THEORY OF
CRIME) Gottfredson and Hirschi

Persons with high level of self control are less likely to


commit crimes while those who have inadequate self
control are more likely to engage in criminal activity.
FRUSTRATION-AGGRESSION THEORY
A theory which blames aggressive behavior
to events or circumstances which cause
frustration.
Frustration is a result of a goal being
blocked or interfered.
LOW IQ Theory
Blames defect in the cognitive development
of a person.
-proposed by Charles Goring who studied
3000 convicts, argued that crime is not
caused by atavistic feature of a man but by
defective intelligence which is heredity is
nature
-low IQ should not reproduce
• PSYCHOSOCIAL STAGES OF DEVELOPMENT
Erik Erikson
o Strongly emphasize social influences within the family.
o Emphasizes the interaction of internal psychological growth and the support of the social world.

• INFERIORITY COMPLEX THEORY


Alfred Adler
o founder of individual psychology.
o coined the term “Inferiority complex”.
o posits that a person who has strong feelings of inferiority may behave in a superior way or develop
some special skill to compensate for the supposed inadequacy.
o
• AICHORN’S THEORY - crime and delinquency is the faulty development of the child during the
first few years of his life.
• ABRAHAMSEN’S CRIME FORMULA
He explained the causes of crime by this formula:

Criminal behavior = Criminalistic Tendencies + Situation


Person’s resistance to temptation
.

• INDIVIDUAL DELINQUENCY THEORY


William Healy - crime is an expression of the mental content of the individual.

• THEORY OF PERSONALITY TYPES


Carl Jung (3 PERSONALITY TYPES)
1. Extrovert
2. Introvert
3. Ambivert
 BEHAVIORAL THEORIES - maintains that human actions are developed
through learning experiences.
-It has the notion that people alter or change their behavior depending upon the
environment.
-Children learn violence through observation of others.

Aggressive acts are modeled in the three primary source

a. Family interaction
b. Environment Experience
c. The mass media
COGNITIVE THEORIES
-In this theory, the psychologist focus on the mental
process of individuals
Explain criminal behavior as a defect in moral thinking,
thought process and mental development.
 SOCIOLOGICAL THEORIES OF CRIME
CAUSATION

These theories seek to explain crime causation through


social or surrounding conditions, associating crime with
poverty, broken family, social disorganization, peer pressure
and others
• DIFFERENTIAL ASSOCIATION THEORY
Edwin H. Sutherland
o Dean of Criminology and Father of American Criminology.

CRIMINAL BEHAVIOR IS LEARNED NOT INHERITED.


o Proposed that through interaction with others, individuals learn
the values, attitudes, techniques, and motives for criminal behavior.
o Coined the phrase, white-collar criminal.
•ANOMIE THEORY
o Anomie came from Greek words: a meaning “without” and nomos which means
“norms”.
EMILE DURKHEIM
- Anomie- a condition where social and/ or moral norms are confused, unclear or
simply not present. In simple word, it means lack of regulation or breakdown of
norms.

- He proposed the following principle:


 Crime is a natural thing in the society;
 The concept of wrong is necessary to give meaning to what is right; and
 Crime helps society for changes
• STRAIN THEORIES - crime is a function of the conflict between the goals
people have and the means they can use to obtain them legally.

-Society creates pressure to an individual “AMERICAN DREAM”

- FRUSTRATION enters when you fail to achieve your goal


ROBERT KING MERTON
- anomie does not result simply from unregulated goals but
rather, from a faulty relationship between cultural goals and
legitimate means to access them.
1. Conformity - The conformist is the most common mode
of adaptation. Such individuals accept both the goals as well
as the prescribed means for achieving the goal.
2.Innovation - Innovators accept societal goals but have few
legitimate means to achieve those goals, thus they innovate
(design) their own means to get ahead. The means to get
ahead may be through robbery, embezzlement or other such
criminal acts.

-
ROBERT KING MERTON

3. Ritualism – Ritualists abandon the goals they once believed to be within
their reach and thus dedicate themselves to their current lifestyle. They play by
the rules and have a daily, safe routine.

4.Retreatism – Retreatists reject both the goals and the means of society.
They often retreat into the world of alcoholism and drug addiction. These
individuals escape into a nonproductive, non-striving lifestyle.
5.Rebellion – It involves substituting an alternative set of goals and means for
conventional ones.
• General Strain Theory (Robert Agnew)
o He suggests that negative experiences can lead to stress.
o Thus, criminality is the direct result of negative affective states.

- Relationships in which others are not treating the individual as he or she


would like to be treated.

- Objective strains- hated by majority of groups (general)


- Subjective strains- how the person perceive (individual)
• SOCIAL BOND THEORY (Travis Hirschi)
o A person’s bond to society prevents him or her from violating social rules. If the
bonds weaken, the person is free to commit crime.
The social bonds include:
1. Attachment - it refers to a bond to others ( family). Young people who are
attached to their families and friends are less likely to get involved in a deviant
peer group and more likely to engage in criminal activities.
2. Commitment – It involves the time, energy and effort expended in
conventional lines of action. Children who are committed to school and
educational achievement are less likely to become involved in delinquent
behaviors than those who lacks such commitment.
• SOCIAL BOND THEORY (Travis Hirschi)

3. Involvement – heavy involvement in conventional activities leaves little time


for illegal behavior.

4. Belief – People who live in the same social setting often share common moral
beliefs; they may adhere to such values as sharing, sensitivity to the rights of
others and admiration for the legal code. If these beliefs are absent or weakened,
individuals are more likely to participate in antisocial or illegal acts.
• SOCIAL CONTROL THEORY - people do not engage in crime because of controls or restraints
placed to them.
Four types of control by Ivan F. Nye:
1. Direct – refers to the application of punishment. Punishment is threatened or applied for
wrongful behavior and compliance is rewarded by parents, family and authority figures.
2. Indirect – refers to the youth’s voluntary non-performance of delinquent act by reason of
his/her conscience or superego.
3. Internal – this is done by identification of those who influenced behavior because his or her
delinquent act might cause pain and disappointment to parents and others with whom he or she
has close relationships.
4. Control through needs satisfaction – this is achieved by satisfying one’s desire.
• CONTAINMENT THEORY (Walter Reckless)
o Postulates that society produces pushes and pulls towards crime.
Containments:

1. Inner Containments – refer to the internalization of conventional behavioral values and the
development of personality characteristics that enable one to resist pressures. Examples are
strong self-concept, identity and strong resistance to frustration.

2. Outer Containments – represented by effective family and near support systems that assist in
reinforcing conventionality and insulating the individual from the assault of outside pressures.

• SELF-CONTROL THEORY - Suggests that deviance simply results from the individual’s
inability to effectively control his/her impulses.
BEHAVIORISM (Expansion of DAT)

1. Differential Reinforcement- refers to the potential rewards


and punishments for committing or not committing a
criminal or deviant act (C. Ray Jeffrey).

2. Differential Identification - people commit criminal or


delinquent acts if they believe that it will lead to
acceptance by and approval of these important people in
their lives. (D. Glaser)
 • SOCIAL LEARNING THEORY

Albert Bandura

o That behavior is modeled through observation, either directly through intimate


contact with others, or indirectly through intimate contact with others, or
indirectly through media.

o people are not actually born with the ability to act violently but they learn to be
aggressive through their life experiences.
• NEUTRALIZATION THEORY
David Matza and Gresham Sykes
o law violators learn to neutralize conventional values and attitudes, enabling them to drift back and forth
between criminal and conventional behavior.

Neutralization Techniques
1. Denial of responsibility - offenders claim that it’s not their fault- that they result to forces beyond their
control.

2. Denial of injury – by denying the injury caused by their acts, criminals neutralize illegal behavior.

3. Denial of the victim – by maintaining that the victim had it coming.

4. Condemnation of the Condemners- by shifting the blame to others criminals repress the feeling that their
own acts are wrong.

5. Appeal to higher authorities – they often argue that they are caught in the dilemma of being loyal to their
peer group while attempting to attempt to abide by the rules of the society.
• THEORY OF FEEBLEMINDEDNESS
Henry Goddard - a person is unable to appreciate the consequences of his
behavior.

• NATURE THEORY - intelligence is largely determined genetically.

• NURTURE THEORY - the environmental stimulation from parents, relatives,


social contacts, schools, peer groups creates a child’s IQ level and that low IQ’s
result from an environment that also encourages delinquent and criminal behavior.
SOCIAL REACTION THEORY/ LABELING THEORY
o This theory states that individuals are deviant mainly because they have been labeled as deviant by
the society.
o The notion of deviance is not inherent in the act itself, but rather in the reaction and label attached
to the person, thus crime is a label and not an act.
o This theory views that youths may violate the law for a variety of reasons, including poor family
relations, peer pressure, psychological abnormality, and pro-delinquent learning experiences.
o Regardless of the cause of individuals’ delinquent behaviors are detected, the offenders will be
given a negative label that can follow them throughout life.
o These label include “troublemaker”, “juvenile delinquent”, “mentally ill”, “junkie” and more
• Reintegrative Shaming - The process by which an individual is punished, labeled
and made to feel shame for committing a deviant act, but done in a way that the
individual who is shamed is brought back into a larger community and restored to a
position of respectability.
SUBCULTURAL THEORIES
• LOWER CLASS REACTION THEORY (Albert Cohen)
o Delinquent behavior was often found among lower class males and that gang
delinquency was the most common form.
o He declared that all children seek social status.

• DIFFERENTIAL OPPORTUNITY THEORY (Richard Cloward and Lloyd Ohlin)


o They suggested that people share the same goals but have limited means to achieve
them.
o Youths who join a delinquent subculture want to achieve success, but since their
legitimate means are blocked, they turn to illegitimate means in the form of
delinquency
SOCIAL DISORGANIZATION THEORY

-People’s Action are strongly influenced by the quality of their


social relationships and their physical environment rather than
rational thought•

-Disorganized communities with high population turnovers,


diverse population, poverty are most likely to experience
criminality

-Place matters
IMITATION –SUGGESTION THEORY
Gabriel Tarde

Imitation- conscious copying.

Suggestion- unconscious copying.


CONFLICT OF CULTURE THEORY

Thorsten Sellin

-Multiplicity of incompatible cultures is the main


source of social disorganization
CULTURAL DEVIANCE THEORY

- Crime is strongly correlated to the cultural values and norms


prevalent in society.
- Individuals may turn to crime not on account of any innate
character traits, but because
1.Place they live in
2. The people they are surrounded with
3. The socio-economic condition of their environment.
3 elements form a unique subculture influencing individual to
commit crime
SELF –DEROGATION THEORY

-Low self esteem commits a crime to redeem


himself or herself
OTHER SOCIOLOGICAL CAUSES OF CRIME

1.Lack of parental guidance


2.Broken Homes
3.Influence of Mass Media
4.Pee pressure
CRITICAL CRIMINOLOGY

A. CRITICAL THEORY - crime is defined by those who hold power. The wealthy shield themselves
from crime through their control over the law.

• MARXIST THEORY (Karl Marx)


 the capitalist means of production creates class conflict.
 Crime is a rebellion of the lower class.

3 social economic classes

•Capitalist- those who possess means of production


Bourgeoisie- middle class
Proletariat- working class
B. CRITICAL FEMINIST THEORY - views gender inequality a stemming from the unequal
power of men and women in a capitalist society, which leads to the exploitation of women by
fathers and husbands.

C. POWER CONTROL THEORY - view that gender differences in crime are a function of
economic power and parental control.
o Paternalistic families - father is the breadwinner and rule maker; mother has menial job or
is homemaker only. Sons are granted greater freedom than daughters.
o Egalitarian families - husband and wife share similar positions of power at home and in the
workplace. Sons and daughters have equal freedom.
o Role exit behaviors - strategies such as running away or contemplating suicide used by
young girls unhappy with their status in the family.
Chivalry theory
Argues that historically there have been lower rates of female
criminality because of a more lenient treatment of female
offenders by criminal justice personnel.
BIOPSYCHOSOCIAL CRIMINOLOGY
-multidisciplinary perspective that attempts to understand
criminal behavior (and related outcomes, like antisocial
behavior and its consequences) by considering the
interactions between biological, psychological and
sociological factors.

-proposed by George E. Engel and John R. Romano


D. CONFLICT THEORIES
• CLASS CONFLICT THEORY (Richard Quinney and William Chambliss)
 The criminal justice system and criminal law are thought to be operating in behalf
of rich and the powerful social elites, with resulting policies aimed at controlling the
poor.

• RACIAL CONFLICT THEORY (W.E.B Du Bois)


 The “Founder of Black Criminology”.
 Most of his important work concerning conflict theory was “The Spawn of
Slavery: The Conflict Lease System in the South”.
DEVELOPMENTAL THEORIES

A. LIFE-COURSE THEORY - views studying changes in criminal offending patterns over a


person’s entire life.

• PATHWAYS TO CRIME (ROLF LOEBER)


 Authority conflict pathway- path to a criminal career that begins with early stubborn behavior
and defiance of parents.
 Covert pathway- path to a criminal career that begins with minor underhanded behavior and
progresses to fire starting and theft.
 Overt pathway- path to a criminal career that begins with minor aggression, leads to physical
fighting, and eventually escalates to violent crime.
•AGE-GRADED THEORY (ROBERT SAMPSON AND JOHN LAUB)

o They identified turning points in a criminal career.


o Building social capital and strong social bonds reduces the likelihood of long term
deviance.

LATENT TRAIT THEORY - criminal behavior is controlled by a master trait, present at


birth or soon after, that remains stable and unchanging throughout a person’s lifetime.
Thank you!

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