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Introduction to Criminology with

Psychology of Crime
Overview of Criminology
• Criminology is a scientific study od crime,
criminals, and criminal behavior

• Criminology came from the Latin word crimen


– accusation and Greek word Logia.

• Criminology was coined by the Italian Law


Professor Raffaele Garofalo as Criminologia.
Criminology
• Is the body of knowledge regarding crime as a
social phenomenon. It includes within its
scope, the process of making laws, of breaking
laws, and reacting towards breaking laws.
(Sutherland and Cressey)
Criminology
• In the broader meaning, criminology is the
body of knowledge regarding crimes,
criminals, and the effort of society to prevent
and repress them.
Criminology
• Criminology is an interdisciplinary field of inquiry.
it withdraws knowledge from other
disciplines such as:
• Biology • medicine
• Psychology • statistics
• Psychiatry • economics
• Sociology • political science
• Law
Principal Divisions of Criminology
1. Criminal Etiology – an attempt at scientific
analysis of the causes of crime.

2. Sociology of Law – an attempt at scientific


analysis of the conditions under which penal
or criminal laws develop as a process of
formal social control.
3. Penology – concerned with the rehabilitation
and treatment of offenders.
Principal Divisions of Criminology
1. Sociology of Law

2. Scientific analysis of the causes of crime.

3. Crime Control
Components of Criminology
1. Detection of the offender.

2. Treatment of the offender.

3. Explaining crime and criminal behavior


Goals of Studying Criminology
• The study of criminology seeks to achieve the
following goals:
1. To describe criminal behavior
2. To understand criminal behavior
3. To predict criminal behavior
4. To control criminal behavior
Nature of Criminology

• Generally, criminology cannot be considered a


science because it has not yet acquired universal
and acceptance. It is not stable and it varies from
one time and place to another.

• However considering that science is the


systematic and objective study of social
phenomenon and other body’s knowledge,
criminology is a science in itself classified when
under the following nature:
• 1. It is an applied science – Criminology is
considered as an applied science because of
the following studies regarding the cause of
crimes such as:
• a. Anthropology c. Sociology
• b. Psychology d. Other
natural science
• In crime detection, it involves instrumentation
that covers the utilization of the following:
a. Chemistry e. Personal
identification
b. Physics f. Mathematics
c. Firearms identification g. Polygraph
d. Legal medicine h. Question
document
examination
• 2. It is a social science – In as much as crime is a
social creation that exists in a society being a
social phenomenon, its study must be considered
a part of social science.

• 3. It is dynamic – Criminology is dynamic because


it changes as social condition changes. It is
connected with the advancement of other
science that has been applied to it.
• 4. It is nationalistic – Criminology is
nationalistic because the study of crime is in
relation with the existing criminal law within
the territory or country. Finally, the question
as to whether an act is a crime is dependent
on the criminal law of a state; it follows
therefore, that the cause of crime must be
determined from their social needs and
standards
• Vital Government Agencies in the Study of
Criminology
• Legislative bodies
• Law enforcement
• Courts and prosecution
• Educational institutions
• Correctional institution
• Public charitable & social agency
• Public welfare agency
• Criminology and the Private Sectors
• Family and home
• Civic organization
• Private school
• Private Charitable and Welfare Institutions
• Church and religion
• Media
• Others
Criminologist versus Criminalist

• A criminologist is any person graduate with


the Degree of Criminology, passes the
examination for criminologist and is registered
as such by the Board of Examiners of the
Professional Regulation Commission (Sec. 22
R. A. 6506).
• A criminologist is one who has been engaged in the
practice of criminology if he holds himself out to the public
in any of the following capacities:
• 1. As a professor, instructor or teacher of criminology in any
university, college or school duly recognized by the
government and teaches any of the following:
• a. Law Enforcement
• b. Criminalistics
• c. Correctional Administration
• d. Criminal Sociology and Applied Subject
• e. Other technical and specialized subjects in
criminology curriculum.
• 2. As a law enforcement administrator,
executive, adviser, consultant or agent in any
government or private agency.
• 3. As technician in dactyloscopy, ballistics,
question document, police photography, lie
detection (polygraphy), forensic chemistry,
and other aspects of crime detection.
• 4. As a correctional administrator, executive
supervisor, worker or officer in any correctional
and penal institution.
• 5. As a counselor, expert, adviser, researcher in
any government or private agency or any aspect
of criminal research or project involving the cause
of crime juvenile delinquency, treatment of
offenders, police operations, law enforcement
administration, scientific criminal investigation or
public welfare administration (Sec. 23, R. A.
6506).]
• Who is a Criminalist?
• A criminalist is a person trained in sciences
or in the application of instruments and
method for the detection of crime.

• Example: Firearm Examiner, Fingerprint
Examiner and the like.
• A criminalist is not necessary a criminologist.
That, any person could be a criminalist by
reason of his/her special forensic trainings.

• Note: A deeper elaboration on the


aforementioned topics will be imparted to you
upon reaching 2nd to 4th Year level. Very
Interesting!
Career opportunities for Criminology
Graduates
• 1. Law Enforcement Officers/ Intelligence
Officers/ Investigators

a. Philippine National Police


b. Philippine Ports Authority
c. Bureau of Customs
d. National Bureau of Investigation
e. Philippine Drug Enforcement Agency
f. Department of Finance
g. National Police Commission
h. Bureau of Fire Protection
i. Department of Transportation and
Communications
j. Department of the Interior and Local
Government
k. others.
Armed Forces of the Philippines
a. Philippine Army
b. Philippine Navy
c. Philippine Marines
d. Philippine Air Force
Forensic specialists
a. National Bureau of Investigation
b. Philippine National Police Crime Laboratory
c. Higher Education Institutions
Personnel and Officers of Correctional
Institution
a. Bureau of Corrections
b. Bureau of Jail Management and Penology
c. Parole and Probation Administration
d. Provincial Jail
Judiciary
a. Supreme Court as sheriffs

Maritime Industry
a. Sea Marshall Officer in private vessels, both
national and international.
Scope of Criminology
1. Study of the origin and development of
criminal law.

2. Study of the causes of crimes and


development of criminals.
3. Study of the different factors that enhance
the development of criminal behavior such as:
a. Criminal Demography – study of the
relationship between criminality and
population.

b. Criminal Epidemiology – study of criminality


in relation to spatial distribution in a community.
c. Criminal Ecology – study of the relationship
between environment and criminality.

d. Criminal Physical Anthropology – study of


criminality in relation to physical constitution of
men.

e. Criminal Psychology – study of human mind


and behavior in relation to criminality.
f. Criminal Psychiatry – study of mental and
behavioral disorders in relation to criminality.
g. Victimology – study of the role of the victim in
crime commission.

4. Study of various measures and methods


accepted by society in cases of violation of
criminal law such as:
a. Detection of crimes
b. The arrest or apprehension of criminals.
c. The prosecution of suspected law violators.
d. The conviction of criminals in judicial
proceedings.
e. The imprisonment, correction and
rehabilitation of the criminal convicted of a
crime.
f. The enforcement of laws, decrees, rules and
regulations.
g. The administration of the police and other law
enforcement agencies.
h. The maintenance of recreational facilities and
other auxiliary services to prevent the
development of crimes and criminal behavior.
Major Areas of Study in Criminology
1. Criminal Sociology – includes the
fundamentals of criminology; juvenile
delinquency; human behavior and crisis
management; ethics and community relations;
and criminal justice system.
2. Criminal Law and Jurisprudence – covers the
study of the Revised Penal Code and its
amendments, and other laws that are penal in
nature; criminal procedure; and the law on
evidence.
3. Law Enforcement Administration – embraces
police organization; operational planning;
patrol; industrial security management;
intelligence and secret service; police records
and personnel management.
4. Crime Detection, Investigation and Prevention
– consist of criminal, special and arson
investigation; vice control; traffic management
and accident investigation; and police report
writing.
5. Criminalistics – covers the following areas:
a. Dactyloscopy – the science of fingerprinting.
b. Police Photography – study of the black and
white and colored photograph ( both film-
based photography and digital photography)
c. Polygraphy – the science of lie detection
examination.
d. Ballistics – study of firearms and bullets
e. Questioned document examination – study of
disputed documents.
f. Forensic Medicine – application of medical
science to elucidate legal problems.
g. Forensic Chemistry – an application of
chemical principles in the solution of problems
that arise in connection with the administration
of justice.
6. Corrections – deals with the institution and
non – institution correctional system of
approach.
Quiz 1.
Choose the Best Answer. Write the whole
answer on your in your paper. Write in CAPITAL
LETTERS. No erasures.

Example:
A. CRIMINOLOGY
1. It is the scientific study of the crime,
criminals and criminal behavior.
a. Criminology
b. Criminal etiology
c. Criminal psychology
d. Criminal epidemiology
2. The following are natural sciences that may
be applied in criminology, except one:
a. Psychology
b. Sociology
c. Medicine
d. Anthropology
3. The following are studies related to
criminology, except one:
a. Theology
b. Geology
c. Public administration
d. education
4. It refers to the areas of study in Criminology
that covers the study of the Revised Penal Code
and its amendments, and other laws that are
penal in nature; criminal procedure; and the law
on evidence.
a. Criminal Sociology
b. Criminal Law and Jurisprudence
c. Law Enforcement Administration
d. Corrections
5. It refers to the study of criminality in relation
to physical constitution of men.
a. Criminal anthropology
b. Criminal epidemiology
c. Criminal ecology
d. Criminal psychiatry
6. It refer to the study of human mind and
behavior in relation to criminality.
a. Criminal anthropology
b. Criminal epidemiology
c. Criminal ecology
d. Criminal psychiatry
7. It refers to the science of fingerprinting.

a. Polygraphy
b. Ballistics
c. Dactyloscopy
d. All of the above
8. It refers to the science of lie detection
examination.
a. Polygraphy
b. Ballistics
c. Dactyloscopy
d. All of the above
9. It refers to the study of firearms and bullets.

a. Polygraphy
b. Ballistics
c. Dactyloscopy
d. All of the above
10. What is the full name of your teacher in
Introduction to Criminology?

Surname, Given Name M.I.


Theories
• An idea or set of ideas that is intended to
explain facts or events.

• Refers to an assumptions (or set of


assumptions) that attempt to explain why or
how things related to each other.
Criminological Theory
• The explanation of criminal behavior, as well
as the behavior of police, attorneys,
prosecutors, judges, correctional personnel,
victims, and other actors in criminal justice
system.
Criminological Theory
• Most of what is done in Criminal Justice is
based on Criminological theory. Failure to
understand these theories leads to:

1. Problems that undermine the success of the


theories.
2. Intrusion on people’s lives without good
reason.
Theories of Crime
Early Beginnings:

- Before the development of more scientific


theories of criminal behavior, one of the most
popular explanations was Demonology (Hagan,
1990).
Demonological Theory
• According to this explanation, individuals were
thought to be possessed by good or evil
behavior.
Demonological Theory
• The theory maintains that criminal behavior
was believed to be the result of evil spirits and
demons something of natural that control
his/her behavior.
Pre – Twentieth Century
18th Century (1738 -1798)

In the eighteenth century, criminological


literature, whether psychological, sociological,
or psychiatric in bent, has traditionally been
divided into three broad schools of thought
about the causes of crime:
Classical School of Criminology
• Is a broad label for a group of thinkers of
crime and punishment in the 18th century and
early 19th centuries
• Its prominent members:

Cessare Beccaria Jeremy Bentham


• Criminal behavior could be understood and
controlled as an outcome of a “human nature”
shared by all of us.

• Human beings were believed to be hedonistic,


acting in terms of their own self interest.

• Hedonism - Man only seeks pleasure and


avoids pain.
Classical School
• In classical theory, human behavior, including
criminal behavior, is motivated by a hedonistic
rationality, in which actors weigh the potential
pleasure of an action against the possible pain
associated with it.
Classical School
• In 1764, criminologist Cesare Beccaria wrote
An Essay on Crimes and Punishments, which
set forth classical criminology theory.

• Beccaria presented his key ideas on the


abolition of torture as a legitimate means of
extracting confessions.
• This book founded the Classical theory of
Criminology which maintains that man is
essentially a moral creature with absolute free
will to choose between good and evil
therefore tress is placed upon the criminal
himself; that every man is responsible for his
act.
Freewill
• A philosophy advocating punishment severe
enough for people to choose, to avoid criminal
acts. It includes the belief that a certain
criminal act warrants a certain punishment
without any punishment without any variation
Detterence
• The prevention of individuals from committing
crime by imposing punishment.
Two Forms of Deterrence:

• Specific Deterrence – specific deterrence is


applied to the individual who committed an
offense.

• General Deterrence – general deterrence


applies to other potential offenders by
showing then that a punished individual
would not gain from his or her offense.
• Three Components of Deterrence:

• Celerity – Celerity refers to the speed with which


a punishment is applied.
• Certainly – Certainly refers to the concepts of
making a punishment sure to happen whenever
an undesirable act is committed.
• Severity – Severity refers to the amount of pain
to be inflicted on those who do harmful acts.
Arguments against the Classical Theory
1. Unfair – it treats all men as if they were robot
without regard to the individual differences and the
surrounding circumstances when the crime is
committed.
2. Unjust – having the same punishment for first
and recidivists.
3. The nature and definition of punishment is not
individualized.
4. It considers only the injury caused not the mental
condition of the offender.
Classical Theory
Becarria believed the best way to prevent and
deter crime was to:
1. Enact laws that are clear, simple, and
unbiased, and that reflect the consensus of
the population.
2. Educate the public.
3. Eliminate corruption from the administration
of justice.
4. Reward virtue.
. Cesare Beccaria (1738-1794)
• Beccaria was an Italian philosopher and politician
best known for this treatise Essay on Crimes and
Punishments or Dei Delitti e Delle Pene (1764).

• His judiciary reform condemned torture and led


to the abolition of death penalty in Grand Duchy
of Tuscany, the first Italian state taking this
measure.

• The Classical School was based on utilitarian


philosophy.
• Beccaria said, man is fundamentally a biological
organism with intelligence and rationality that
control his behavior.
• Before man does something, he tries to
determine the amount of pain he will suffer and
the amount of pleasure he will receive.
• His future actions will depend on the algebraic
sum of the two considerations if there will be
more pain than pleasure, he will desist from
doing the act (Rational Calculation).
What is the Essay on Crimes and
Punishment?
Proposing reforms to the criminal justice system which
we now take for granted, in particular:

a. The prompt administration of clearly prescribed and


consistent punishment.
b. Well-publicized laws made by the legislature rather
than individual courts or judges.
c. The abolition of torture in prisons.
d. The use of the penal system to deter would-be
offenders, rather than simply punishing those
convicted.
Jeremy Bentham (1784-1832)
• Bentham was an English jurist, philosopher, and
legal and social reformer.
• He was a political radical and a leading theorist in
Anglo-American philosophy of law.
• Bentham is an early advocator of utilitarianism
(the greatest good for the greatest number) and
fair treatment of animals that influenced the
development of liberalism.
• He also invented a prison known as the
Panopticon prison.
Summarized Points of Classical School

• The following are the assumptions of Classical


School philosopher:
1. People have free will to choose how to act.
2. Deterrence is based upon the utilitarian
ontological notion because a human being is any of
the following:
2.1 Hedonist – Man only seeks pleasure and
avoids pain.
2.2 rational calculator – Man is weighing up
the costs (pains) and benefits (pleasures of the
consequences of each of his action).
3. The more swift and certain the punishment,
the more effective it is in deterring criminal
behavior.

4. The more swift and certain the punishment,


the more effective it is in deterring criminal
behavior.
Neo-Classical School
This school accepts the fact that the crime in accordance
with the free will of the 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:
A. Pathology - the study of the causes and effects of
disease or injury.

B. Incompetence – inability to do something successfully.

C. Insanity or any condition that will make it possible the


individual to exercise the free will entirely.
In the Philippine legal provision (Revise Penal
Code Book I and II), the aforementioned may
serve to mitigate or exempt a person from the
commission of crime.

Thus, the neo-classical school proposed the


value of mitigating or exempting circumstance.
Positivist School or Italian School of
Criminology
• Positivist school presumes that the criminal
behavior is caused by internal and external
factors outside of the individual’s control.

• The positivist school introduced the scientific


method of the understanding criminality and
was applied to study human behavior.
Positivist School
• Many criminologist use the term “positivism”
to mean approach that studies human
behavior through the use of scientific method.

• The focus is on systematic observation and


the accumulation of evidence and objective
fact within a deductive framework (moving
from the general to the specific) (William III &
McShane, 2004).
Positivist School
• Italian school of criminology was founded at
the end of the 19th century by Cesare
Lombroso (1835-1909) and the two of his
Italian disciples,
• Enrico Ferri (1856-1929) and

• Raffaele Garofalo (1851-1934).


• Cesare Lombroso Raffaele Garofalo

Enrico Ferri
Positivism can be broken up into three
segments which includes the
following:
1. Biological Positivism - Biological Positivism includes the
study of the following theories in relation to criminality:
a. criminal anthropology;
b. phrenology;
c. physiognomy;
d. heredity: Kallikak and Juke family study,
e. criminal body type theories/somatotyping,
f. genetic structure,
g. biochemistry,
h. blood sugar levels,
i. adrenaline sensitivity,
j. allergies and diet, and
k. substance abuse.
a. 2. Psychological Positivism - Psychological
Positivism relates criminality through the
study of the following theories:
a. psychodynamics/psychoanalytic theory,
b. behavioral learning theories,
c. cognitive learning theories
Social Positivism - Social Positivism relates
criminality through the study of the following
theories:
a. social disorganization theory,
b. Chicago school theory,
c. anomie theory
The Holy Three (3) in Criminology
Cesare Lombroso (1836- 1909)
Cesare Lombroso was an Italian criminologist
and founder of the Italian School of Positivist
Criminology. His study proved that a criminal is
born with some physical characteristic as the
cause of crime.
Greatest Contributions of Lombroso
• A. He rejected the Classical School which held
that crime was a characteristic trait of human
nature. Instead, he uses concepts drawn from
the following:
1. Physiognomy - is a practice of assessing a
person's character or personality from their
outer appearance—especially the face.
Early eugenics - Eugenics is a set of beliefs and
practices that aim to improve the genetic quality
of a human population by excluding certain
genetic groups judged to be inferior, and
promoting other genetic groups judged to be
superior.
Psychiatry - Psychiatry is the medical specialty
devoted to diagnosing, preventing, and treating
mental disorders.

Social Darwinism - the theory that individuals,


groups, and peoples are subject to the same
Darwinian laws of natural selection as plants
and animals.
• B. Lombroso’s theory of anthropological
criminology essentially stated that criminality
is:
1. Inherited
2. That someone “born criminal” could be
identified by physical defects which
confirmed a criminal as savage or atavistic.
• C. Lombroso took a scientific approach,
insisting on empirical evidence for studying
crime.
• D. He founded criminal anthropology. He
considered it as throwbacks to Neanderthal
man and is indicative of “atavistic”
Four Main Categories of Criminals

• The four main categories of criminals according to Lombroso are:


• A. Atavistic – Atavistic criminal is referred by Lombroso as born
criminal.
• B. Insane Criminal – Lombroso referred to this criminal as those
alcoholics, kleptomaniacs, nymphomaniacs, idiots, epileptics, and
child molesters. Although insane criminals bore some stigmata,
they were not “born criminals”; rather they become criminal as a
result “of an alteration of the brain”, which completely upsets their
moral nature.
• C. Criminaloid or Occasional Criminal – Occasional Criminal or
Criminaloid refers to those who commit crimes in response to
opportunities. Further, Lombroso also referred to this as “habitual
criminal”, who become so by contact with other criminals, the
abuse of alcohol, or other “distressing circumstances.”
• D. Criminal of Passion – Lombroso referred to
a person who committed a crime motivated or
because of anger, love or honor (Burke, 2005).
Discovery of the “fossette” and the
theory of the Criminal Man
• In November 1872, Lombroso performed an
autopsy on the body of Giuseppe Villella, a
seventy-year-old Calabrian brigand, whom he had
already examined in prison the previous year.
• The autopsy Lombroso performed on Villella’s
skull revealed an anomaly in the criminal
structure, a smooth concavity in the occipital area
described as the median occipital fossette.
• The discovery of the fossette convinced
Lombroso that this anomaly was not present
in “normal” individuals, but only in the skull of
madmen and criminal and is the “proof’ that
criminals are born: the insane, criminals, wild
individuals, humanoids and extinct species,
criminal and psychiatric deviant behavior all
have a single atavistic cause.
Stigmata indicate of criminal
tendencies (from the Criminal Man):
• 1. Deviation in head size and shape from type
common to race and region from which the
criminal case.
• 2. Asymmetry of the face.
• 3. Eye defects and peculiarities.
• 4. Excessive dimensions of the jaw and cheeks
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 beak like in murderers, or with a tip rising
like a peak from swollen nostrils.
• 7. Lips fleshy, swollen, and protruding.
• 8. Pouches in the cheek like those of some animals.
• 9. Peculiarities in the plate, such as those found in
reptiles, and cleft palate.
• 10. Chin preceding, or excessively long, or short and
flat, as in apes.
• 11. Abnormal dentition.
12. Abundance, variety, and precocity of wrinkles.
13. Anomalies of their hair, marked by
characteristics of the opposite sex.
14. Defects of the thorax, such as too many or too
few ribs, or supernumerary nipples.
15. Inversion of sex characters in the pelvic organs.
16. Excessive length of arms.
17. Supernumerary fingers and toes.
18. Imbalance of the hemisphere of the brain
(asymmetry of the cranium).
The Female Offender (1901)

Lombroso noted that most women are not criminal.


However, they are most often occasional criminals
but some women are atavistic criminal. He
considered female criminality to be restricted to
prostitution and abortion, and a man was invariably
for instigating these crimes.

• Note: Lombroso was regarded as the Father of


Modern Criminology because of his biggest
contribution to biological positivism (Burke,
2005).
Enrico Ferri (1856-1929)
• Enrico Ferri, a student of Lombroso argued
that criminal behavior could be explained by
studying the interaction of a range of factors.
He observed:
• First, physical factors in relation to crime such
as:
a. Race
b. Geography
c. Temperature
• Second, individual factors in relation to crime
such as:
a. Age
b. Sex
c. Psychological variables
• Third, social factors in relation to crime such a
a. Population
b. Religion
c. Culture
Conclusion
Enrico Ferri summarized that:
A. Social as well as biological factors played a role
in criminality.
B. Criminal should not be held responsible for their
acts because the factors causing their criminality
were beyond their control.
C. Crime could be controlled by improving the social
condition of the poor and to that end advocated
the provision of subsidized housing, birth control,
and public recreation facilities.
Raffaele Garofalo (1852-1934)
• Raffaele Garofalo was an Italian jurist and a
student also of Lombroso. His contributions in
the Italian school of criminology are as follow:
A. He rejected the doctrine of free will and
supported the position that crime can be
understood only if it is studied by scientific method.
B. He attempted to formulate a sociological
definition of crime that would designate those acts
which can be repressed by punishment.
Raffaele garofalo’s suggestions are
the following:
A. Death for those whose criminal act grew out of a
permanent psychological anomaly, rendering them
incapable of social life.
B. Partial elimination of long time imprisonment for
those fit only for the life of nomadic hordes or
primitive tribes, and;
C. Enforced reparation on the part of those who
lack altruistic sentiments but who have committed
their crimes under pressure of exceptional
circumstances are not likely to do so again.
• Types of Criminals by Raffaele Garofalo
The types of criminals according to Garofalo are:
A. Murdered – Murderer refers to a criminal who kills another person
and is satisfied from vengeance/revenge. This type of criminal totally
lacks both pity and probity and will kill whenever opportunity arises

B. Violent criminal – Violent criminal lacks pity and can be influenced


by environmental factors such as the consumption of alcohol or the
fact that criminality is endemic to criminal’s particular population.
C. Deficient criminal - Deficient criminal refers to a person who
commits crime against property like thieves and robbers.
D. Lascivious criminal – Lascivious criminal refers to a person who
commits crime against chastity like acts of lasciviousness, seduction,
adultery, and the like (burke, 2005)
Other Important Contributors in
Criminology
1. Adolphe Quetelet – he made use data and
statistical analysis to gain insight into
relationship between crime and sociological
factors. He found that age, gender, poverty,
education, and alcohol consumption were
important factors related to crime.
2. Rawson w. Rawson – he utilized crime
statistics to suggest a link between population
density and crime rates, with crowded cities
creating an environment conducive for crime.
Joseph Fletcher and John Glyde also presented
papers to the Statistical Society of London on
their studies of crime and its distribution.
3. Henry Mayhew – he used empirical methods
and an ethnographic approach to address social
questions and poverty, and presented his
studies in London Labor and the London Poor.
4. Emile Durkheim – he viewed crime as an
inevitable aspect of society, with uneven
distribution of wealth and other differences
among people.
5. Willem Adrian Bonger – Dutch criminologist
Willem Bonger, believes in a causal link between
crime and economic and social conditions. He
asserted that crime is social in origin and a
normal response to prevailing cultural
conditions. In more primitive societies, he
contended that survival requires more selfless
altruism within the community.
6. Edwin Sutherland – he stated that
criminology is at present not a science but it has
hopes of becoming a science.

7. George Wilker – he firmly believed that


criminology will never become a science.
8. Abrahamsen – he explained the cause of
crime by this formula (CB = CT + Inducing
situation / PMRT). “Criminal Behavior equals
Criminal Tendency plus Inducing Situation
divided by the person’s mental or emotional
resistance to temptation”.
Important Contributors in
Criminology
1. Adolphe Quetelet – he made use data and statistical
analysis to gain insight into relationship between
crime and sociological factors. He found that age,
gender, poverty, education, and alcohol consumption
were important factors related to crime.
2. Rawson w. Rawson – he utilized crime statistics to
suggest a link between population density and crime
rates, with crowded cities creating an environment
conducive for crime. Joseph Fletcher and John Glyde
also presented papers to the Statistical Society of
London on their studies of crime and its distribution.
3. Henry Mayhew – he used empirical methods
and an ethnographic approach to address social
questions and poverty, and presented his
studies in London Labor and the London Poor.
4. Emile Durkheim – he viewed crime as an
inevitable aspect of society, with uneven
distribution of wealth and other differences
among people.
5. Willem Adrian Bonger – Dutch criminologist
Willem Bonger, believes in a causal link between
crime and economic and social conditions. He
asserted that crime is social in origin and a
normal response to prevailing cultural
conditions. In more primitive societies, he
contended that survival requires more selfless
altruism within the community.
6. Edwin Sutherland – he stated that
criminology is at present not a science but it has
hopes of becoming a science.

7. George Wilker – he firmly believed that


criminology will never become a science.
8. Abrahamsen – he explained the cause of
crime by this formula (CB = CT + Inducing
situation / PMRT). “Criminal Behavior equals
Criminal Tendency plus Inducing Situation
divided by the person’s mental or emotional
resistance to temptation”.
SOCIOLOGY OF LAW

• Sociology of Law is a division of criminology which


attempt to offer scientific analysis of the conditions
under which penal or criminal laws are develop as a
process of form of social control.
• Sociology of law refers to both a sub-discipline of
sociology and an approach within the field of legal
studies. It is diverse field of study which examines the
interaction of law with other aspect of society such as:
the effect of legal institutions, doctrines, and practices
on other social phenomenon and vice versa.
Sociology of Law concerns are:

1. Social development of legal institutions,

2. Social construction of legal issues, and

3. Relation of law to social changes.


The Three Types of Law

1. Divine Law – Devine Law is referred to as the law


of the Supreme Being. For example are the Ten
Commandments.

2. Natural Law – Natural Law is that which is rooted


in core values, shared by many cultures like, crimes
against persons (e.g. murder, rape, assault) or
crime against property (theft, larceny, robbery)
adapted by the Revised Penal Code.
3. Statutory Law – Statutory Law is enacted by
legislature and reflects current cultural mores,
though some laws may be controversial, e.g.
laws that prohibit illegal drug use (R.A. 9165).
Broad Classifications of Crime

1. Blue-collar Crime – 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 – Corporate Crime refers to crimes


committed either by a corporation (i.e., a business entity
having a separate legal personality from the natural
person that manage its activities), or by individuals that
may be identified with a corporation or other business
entity.
3. Organized Crime or Criminal Organization - Organized
Crime or Criminal Organization is run by criminals, most
commonly for the purpose of generating a monetary
profit.

4. Political Crime – according to Ross (2000) 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. It is to
be distinguished from state crime when it is the state that
breaks both its own criminal laws and/or public
international law.
5. Public Order Crime (Victimless Crime) –
public Order Crime is defined by Siegel (2004) as
“crime which involves acts that interface with
the operations of society and the ability of
people to function efficiently”,
6. State Crime – State Crime is an activity of failure
to act that eventually breaks the state’s own
criminal law or public international law.

7. State-corporate Crime – The concept of state-


corporate crime or incorporated governance refers
to crimes that result from the relationship between
the policies of the state and the policies and
practices of commercial corporations.
8. White-collar crime – White-collar Crime or
incorporated governance 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.
Crime, Criminal Law, and Criminal

a. Crime – Legally, crime is defined as an act committed or omitted in


violation of public law forbidding or commanding it.

• Legal Kinds of Crime


1. Felony – Felony is a crime that is in violation of the Revised Penal
Code.

2. Offense – Offense is a crime that is in violation of the Special Penal


Laws such as Republic Act 8294 and the like.

3. Misdemeanor – Misdemeanor is a crime that is in violation of the


municipal or city ordinances
Why does Crime Exist?

There is crime because of the existence of law.


The Principle of Logomacy states that, “there is
no crime if there is no law punishing it”.

Nullum crimen nulla poena senilege

Thus, in order to eliminate crime in a certain


area it also requires the abolition of law.
However, law is a form of social control and the
absence of regulation in the community leads to
the chaos between the people within that area.
Furthermore, without a decree to control the
people the “Law of the Jungle” will prevail.
• The Law of the Jungle speaks about “Survival
of the Fittest” or in ordinary parlance,
“MatiraangMatibay”.
When does crimes exist?

Crime exists through the following viewpoints:

• In the Legal Viewpoints – Crime exists the moment a


person has been proven guilty by the court. The main
objective to this view in that there is a terrific morality of
cases between the times a crime has been reported up to
the time a verdict of conviction is made by the court.

• In the Scientific Point of View – Crime exists the moment it


is reported. This is more realistic but not all reported cases
are with sound basis of true happening and some are also
unfounded (Maglinao, 2001).
Crime, Sin and Immorality

• Crime – Crime is an act omitted or committed against


the penal law of the state forbidding or commanding it.
This may include violations of law like Republic Acts,
Presidential Decrees and the like.

• Sin – Sin in an act or omission against the spiritual or


divine law. This may include violations of the word of
the bible like the Ten Commandments.

Note: Some criminal acts are considered sin and


vice versa.
• Immorality – Immorality is committed against
the unwritten social norms in loyalty.

• Crime is fixed by statute while Immorality is


not.

• Crime is nationalistic while Immorality is


regionalistic (Maglinao, 2001).
The Elements of Crime

1. Motive (M) – Motive is the moving power,


which impels one to acts for a definite result.
Motive is different from Intent;

Intent refers to the purpose in using a particular


means to affect such result. Intent is an element of
a felony while motive is not. Motive only becomes
important when the identity of the felon has not
been clearly established (Reyes, 2001).
2. Opportunity (O) – Opportunity is the chance
or time given to the offender in committing the
crime. Without chance or opportunity given to
the offender, there could be no crime
committed. In many instances, the victims are
the ones making opportunity for the offender to
commit such crime.
3. Instrumentation/Capability (I/O) – This
element involves the use of materials or other
means which are essential in the commission of
the crime
Why members of society must be
interested in crime?
The citizens must be conscious about crime
because:
• 1. Crime is Pervasive – Almost all members of
a free society are once upon a time a victim or
an offender of a criminal act. Crime as an
associate of society affects almost all people-
regardless of age, sex, race, nationality,
religion, financial condition, education and
other personal circumstances.
2. Crime is Expensive – The government and private sector
spend an enormous amount of money for crime detection,
prosecution, correction, and prevention. Those expenses
include:

2.1 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.
2.2 Indirect Expenses- Those expenses utilized to prevent the
commission of crimes like the construction of window grills,
fences, gates, hiring of watchmen, feeding of watchmen, etc.
3. Crime is Destructive – Many lives have been
lost because of crimes like murder, homicide,
and other violent death. Property has been lost
or destroyed on account of robbery, theft and
arson.
4. Crime is Reflective – Crime rate or incidence is
reflective of the effectiveness of the social defenses
employed by the people primarily the police
system.

5. Crime is Progressive – Crime is progressive


because crime increases on account of the over
increasing population. The ever increasing rate and
their (this criminals) technique show the
progressive thinking of the society for advancement
(Maglinao, 2001).
Feature of Felony as a Crime

1. According to the desire:

a. By means of Dolo or Deceit – It means that


the felony was done with deliberate intent.

b. By means of Culpa or Fault – It means that


the wrongful act resulted from imprudence (lack
of foresight, negligence (lack of skill).
2. Stages of Commission:
a. Attempted Crime – A crime is attempted if the
offender commences the commission of the felony
directly by overt act and does not perform all the
acts. Of execution which could produce the felony by
reason of some causes or accidents other than this
own spontaneous desistance.

b. Frustrated Crime – A crime is frustrate if the offender


has performed all the acts of execution which will
produce the felony as a consequence but which
nevertheless, do not produce the felony by reason of
causes independent of the will of the perpetrator.

c. Consummated Crime – A crime is consummated if all


the elements necessary for the execution and
accomplishment of crime are present.
• 3. Plurality of Crime:
a. Simple Crime – A crime is simple if a single act
constitutes only one offense.
b. Complex Crime –The following are the two kinds
of complex crime:
B.1 Compound Crime – A crime is compound
if a single act constitutes two or less grave or grave
felony.
B.2 Complex Crime Proper – Complex crime
Proper exists if an offense is a necessary means for
committing the other crime.
4. Gravity of Felony
a. Grave Felony – These is Grave Felony if the law
attaches Capital Punishment or Afflictive Penalty.
b. Less Grave Felony – Less Grave Felony exist if the
law attaches penalty to a crime that is Correctional
in nature.
c. Light Felony – There is Light Felony if the penalty
for the infraction of law is Arresto Menor or a fine
not exceeding 200 pesos.
DURATION AND EFFECTS OF
PENALTIES
1. Reclusion Perpetua- imprisonment for at least 20 years
to Life imprisonment.

2. Reclusion Temporal- 12 years and 1 day to 20 years

3. Prision Mayor - 6 years and 1 day to 12 years

4. Prision correccional - 6 months and 1 day to 6 years

5. Arresto Mayor- 1 month and 1 day to 6 months

6. Arresto Menor- 1 day to 30 days


5. Felony based on the Criminal Act

a. Crimes against national security and the law of


nations
b. Crimes against fundamental law 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 officer
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. Crimes against honor
n. Quasi-offense (Reyes, 2001).
Criminology Classification of Crime

1. According to the result of crime:


a. Acquisitive Crime – The crime is acquisitive if
the offender acquires something as a
consequence of his criminal act.
b. Extinctive Crime –The crime is considered
extinctive if the end result of a criminal act is
destructive.
2. According to period of commission:
a. Seasonal Crime – Crime is seasonal if it is
committed only during a certain period of the
year like violation of tax law.
b. Situational Crime – Crime is situational if it is
committed only when given the situation
conducive to its commission.
3. According to length of time of commission:
a. Instant Crime – A crime is considered instant if it
is committed in the shortest possible time such as
libel.
b. Episodic Crime – There is episodic crime if it is
committed by series of acts in lengthy space of time
like kidnapping.
c. Material Crime – A crime is considered material if
it could be committed either through attempted,
frustrated, or consummated stage such as homicide
or theft which is opposite to Instant Crime.
4. According to the place or location of the
commission:
a. Static Crime – A crime is static if it is
committed in only one place.
b. Continuing Crime – Continuing crime exists if
it is committed in several places.
5. According to the use of mental faculty:
a. Rational Crime – An act is considered rational
crime if it is committed with intent and offender
is in full possession of his sanity.
b. Irrational Crime – There is irrational crime if it
is committed by a person who does not know
the nature and quality of his/her act on account
of the disease of his/her mind.
6. According to socio-economic type of the crime:
a. White Collar Crime – There is white collar crime
if it is committed by a person of respectability and
upper socio-economic class in the course of his/her
occupation such as a male medical doctor who
prescribes a sleep including drug to his client for
him to have sexual intercourse to the latter while
unconscious.
b. Blue Collar Crime – Blue collar crime refers to a
crime committed by ordinary criminals like a bag
snatching.
7. According to the living standard of the criminal:
A, Crime of the Upper World – Crime of the upper world
refers to the acts committed also by a person of
respectability and upper socio-economic class which
serves his/her means of living such as falsification,
corruption and the like.
b. Crime of the Underworld – Crime of the underworld
refers to crime that is ordinary in nature but serves as a
means of the doer to maintain his/her living such as bag
snatching and the like.