INTRODUCTION TO CRIMINOLOGY

Many professionals argue that criminology is not a discipline in its own right. The
argument pertains to criminology being something of a hybrid: it was a mixture of things, an
amalgation of other fields – sociology, psychology; forensic medicine, legal theory,
anthropology and other areas of study.
When talking about whether criminology was a discipline in its own right, as
aforementioned, it was a hybrid of other disciplines and it continues to involve other disciplines.
Modern criminology is highly differentiated in its theoretical, methodological and empirical
concerns.” Most recently, for example, it has added victim studies or victimology.
The study of eugenics remained popular, especially in the United States. Eugenics is the
study of the improvement of the human gene pool through various forms of social engineering.
1896 saw the first eugenic marriage laws in the USA. Connecticut prohibited the marriage of
anyone who was known to be “epileptic, imbecile or feeble-minded”.
Criminology
It is the scientific study of crime as an individual and social phenomenon.
Criminology is an advanced, theoretical field of study.  It can be
defined as the study of crime, the causes of crime (etiology), the meaning of crime in terms of
law, and community reaction to crime.  The science of crime rates, individual and group reasons
for committing crime, and community or societal reactions to crime.
Note: 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.
Criminology in the Philppines
The first ever educational institution offering the criminology course, is the Philippines
College of Criminology, at Sta. Cruz, Manila, formerly known as Plaridel College.
This pioneering College of criminology became scientific crime detection in the whole of
Southeast Asia, in the 1950’s. In the early part of 1960’s, criminology course was offered by
the University of Manila, Abad Santos College, both in Metro Manila, University of Visayas,
Cebu City, University of Mindanao, Davao City, University of Baguio.
On January 15, 1983, the author organized and founded the Philippine Educators
Association for Criminology Education (PEACE), during the National Conference of
Criminology Deans and School Heads and Presidents, held at the University of Negros
Occidental-Recoletos, College of Criminology.
The primary objective of the PEACE is to professionalize criminology education in the
contex of national development.

Successful projects of PEACE from Jan. 13, 1983 to May, 1987:

1. Implementation of the first Licensure Examination for Criminology;
2. The recognition of the NAPOLCOM Police Examination by the Civil Service Commission as
eligibility for employment in all other Government Civil Service Positions;
3. The accreditation of participants in the Seminar/Workshop on Police Marksmanship for
Instructional Purposes in all Criminology Schools: and
4. The upliftment of Criminology Education in line with the professionalization of the country’s
police service.

Various studies and science related to Criminology

1. study of law
2. science of medicine, chemistry and psychology
1
3. religion
4. education
5. social work involving sociology and psychology
6. public administration

Similarly, Criminology includes the activities of the following offices and agencies of the
governments
1. legislative bodies and law makers
2. law enforcement agencies
3. courts and prosecution arms of the government
4. educational institutions like schools and colleges
5. correctional institution
6. public charitable and social agencies
7. public welfare agencies

Nature of Criminology
Generally, criminology cannot be considered a science because it has not yet acquired
universal validity 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 when under the
following nature.
1. It is an applied science– use of 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 - Study includes the incidence and forms of crime as well as its causes and
consequences as well as social and governmental regulations and reactions to crime.
Criminology is an interdisciplinary field in
the behavioural sciences, drawing especially on the research of sociologists and psychologists,
as well as on writings in law. Criminology is a rather broad field of study
that encompasses the study of law making, law breaking, and societal reactions to law
breaking. 
Principal Divisions of Criminology
1. Criminal Etiology- analysis of the causes of crime.
2. Sociology of Law- analysis of the conditions under which penal or criminal laws are
developed as a process of formal social control.
3. Penology- deals with the control and prevention of crime and the treatment of youthful
offenders.
Criminal Justice - Refers to the system used by government to maintain social control,
prevents crime, enforce laws, and administer justice. The Philippine Criminal Justice System
(PCJS): Law enforcement, Prosecution, Courts, Corrections and Community are the
primary agencies charged with these responsibilities.
Note: When processing the accused through the criminal justice system, government must keep
within the framework of laws that protect individual’s right. The pursuit of criminal justice is,
like all forms of "justice", "fairness" or "process", essentially the pursuit of an ideal. In the
United States, Law enforcement, Courts, and Corrections are the three (3) pillars of their
criminal justice.
Criminalistics - Criminology and criminalistics are often mixed up in the minds of the people.
Comparatively speaking, criminology is the study of criminal people, and criminalistics is the
study of criminal things, or the sum total of the application of all sciences in crime detection.
A criminal commits crime by means of things, or that something he left in the crime
scene. Those things he used or left in the crime scene are the objects of criminalistics known as
evidence such as but not limited to the following:
1. Blood and bloodstain
2. Firearms and other deadly weapons
3. Fingerprints and footprints
4. Tool marks and many more

Through R.A. 6506, a criminologist is any person who is a graduate with the Degree of
Criminology, who passes the examination for criminology and is registered through Board of
Examiners of the PRC. The term 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 in 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 Subjects
e. Other technical and specialized subjects in criminology.
2. As a law enforcement administrator, executive, adviser, consultant or agent in any
government or private agency.
3. As technician in any forensic science 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 causes of crime, juvenile delinquency,
treatment of offenders, police operations, law enforcement administration, scientific
criminal investigation or public welfare administration.
On the other hand, a criminalist is a person who is trained in sciences of the application
of instruments and methods, to the detection of crime.

Instrumentation is the application of instruments and methods of criminalistics to the

detection of crime. It is otherwise known as criminalistics although instrumentation means
more than criminalistics because it includes all technical methods by which the fugitives may be
traced, identified and examined.

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
The original name for ciminalistics is Forensic Chemistry. E.x. alcoholic analysis,
toxicology, narcotic and substance abuse testing, firearms discharge residues, etc
b. Physics
Duties of a physicist in a crime laboratory includes but not limited to firearms
identification, toolmark comparison, scientific photography, traffic or vehicular accidents for

3
the purpose of finding out the speed and direction of vehicles, and use of X-Rays to the
detection of crime.
c. Biology
Biology is the study of living things. Deals with the origin, history, physical
characteristics, life, processes, habits, etc. of plants and animals. The biologists in a police
laboratory study all kinds of living things- blood, semen, urine, hairs, and skin. He is
particularly skilled in the use of a microscope. His most important role in criminalistics is to
examine bloodstains in order to find out if they are of human or animal origin.

2. Technical
a. Firearm Identification
It is sometimes wrongly called Ballistics.
b. Question Document Examination
Graphology or Handwriting analysis- aims to determine person’s characteristics, traits
and personality by the way a person writes his/her letters and shapes of letters and words.
c. Fingerprint Identification

3. Others
a. Photography
b. Lie Detection or Polygraphy
Schools of Thought
Classical School (mid 18th century)
Cesare, Marquis of Beccaria-Bonesana (March 15, 1738 – November 28, 1794) an Italian
philosopher and politician best known for his treatise On Crimes and Punishments (1764),
which condemned torture and the death penalty and was a founding work in the field of
criminology.
Essay on Crimes and Punishments
Includes reforms to the criminal justice system which we now take for granted, in
particular: 1. the prompt administration of clearly prescribed and consistent
punishments, 2. well-publicised laws made by
the legislature rather than individual courts or judges, 3. the
abolition of torture in prisons and the use of the penal system to deter would-be offenders,
rather than simply punishing those convicted.
The work had a great success in the whole Europe,
especially in France and at the court of Catherine II of Russia.
Note: The judiciary reform advocated by Beccaria led to the abolition of death punishment in
the Grand Duchy of Tuscany, the first Italian state taking this measure.
Jeremy Bentham (26 February 1748– June 6, 1832) was an English jurist, philosopher, and
legal and social reformer. He advocated utilitarianism and fair treatment of animals that
influenced the development of liberalism. He invented the panopticon, and other classical
school philosophers argued the following:
1. People have free will to choose how to act;
2. Deterrence is based upon the utilitarian ontological notion of the human being a
'hedonist' who seeks pleasure and avoids pain, and a 'rational calculator' weighing up
the costs and benefits of the consequences of each action; Punishment (of sufficient
severity) can deter people from crime, as the costs (penalties) outweigh benefits, and that
severity of punishment should be proportionate to the crime.
3. The more swift and certain the punishment, the more effective it is in deterring criminal
behavior. The Classical school of thought came about at a time when major reform in
penology occurred, with prisons developed as a form of punishment.

Positivist School
Presumes that criminal behaviour 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.
Cesare Lombroso, born Ezechia Marco Lombroso (November 6, 1836 – October 19, 1909)
was 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, for studying crime. Concepts drawn from
physiognomy, early eugenics, psychiatry and Social Darwinism, Lombroso's theory of
anthropological criminology essentially stated that criminality was inherited, and that
someone "born criminal"' could be identified by physical defects, which confirmed a criminal
as savage, or atavistic.
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 (1851-1934)
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. These constituted
"Natural Crime" and were considered offenses violating the two basic altruistic sentiments
common to all people, namely, probity and pity.
The Italian School of Criminology was founded at the end of the 19th century by Cesare
Lombroso (1835–1909) and two of his Italian disciples, Enrico Ferri (1856–1929) and
Raffaele Garofalo (1851–1934).
Lombroso identified three types of criminal:
1. Atavist- known as born criminal
2. Insane criminal- Alcoholic, kleptomaniac, nymphomaniac, and child molesters.
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).
Cesare Lombroso (1835-1909)
Physician
1876 Wrote, The Criminal Man
During autopsy, certain physical stigmata was apparent, concluded the certain
number of theses indicated a born criminal, atavistic criminal.

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.
5
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.
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).

The Female Offender 1901

Most women are not criminal those that are, are most often occasional criminals
but, some women are atavistic criminal.
Chicago School
The Chicago School arose in the early twentieth century, through the work of Robert
Ezra Park, Ernest Burgess and other urban sociologists at University of Chicago. In the
1920s, Park and Burgess identified five concentric zones that often exist as cities grow,
including the "zone in transition" which was identified as most volatile and subject to
disorder. In the 1940s, Henry McKay and Clifford R. Shaw focused on juvenile delinquents,
finding that they were concentrated in the zone of transition.
Chicago School sociologists adopted a social
ecology approach to studying cities, and postulated that urban neighborhoods with high levels
of poverty often experience breakdown in the social structure and institutions such as family
and schools.
Other Important Contributors in Criminology
1. Adolphe Quetelet- made use of 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- utilized crime statistics to suggest a link between population
density and crime rates, with crowded cities creating an environment conducive for crime.
3. Henry Mayhew- used empirical methods and an ethnographic approach to address social
questions and poverty, and presented his studies in London Labour and the London Poor.
4. Emile Durkheim- viewed crime as an inevitable aspect of society, with uneven
distribution of wealth and other differences among people.
5. Sir 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 Wilker- he said that criminology can never become a science.
8. Edwin Sutherland- criminology today is not a science but it has hope of becoming a
science.
9. Willem Adrian Bonger- Dutch criminologist, Willem Bonger, believed 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.
10.Dr Charles Goring- his research published in 1913, which was based on a statistical
analysis of prisoners. The researcher, argued from his findings that criminals were not
qualitatively different from other people but were simply on the extremes of the line of
normality.

Sociology of Law
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.
Two 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 mores,
albeit that some laws may be controversial
Types and Definitions 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 a 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. Public order crime - 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 behaviour that has been labelled criminal because it is
contrary to shared norms, social values, and customs.
6. State crime - In criminology, state crime is activity or failures to act that break the state's
own criminal law or public international law.
7. State-corporate crime - In criminology, 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 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.
9. 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.
Victimless crime has the following applications:

7
 The victim is the accused.
 In common usage, victimless crime refers to behavior that is illegal but which is claimed
to not violate or threaten the rights of anyone and may be associated with the implication
that the behavior should therefore not be illegal.
 In criminology, victimless crime is now termed public order crime.
 In the law, case law has developed to discuss what used to be termed "victimless" crime:
It applies to adults, and specifically not to minors who have not yet reached the age of
consent, where age of consent is relevant.

Crime and Criminal Law

Crime- is an act committed or omitted in violation of public law forbidding or
commanding it.
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
2. Territoriality
3. Prospectivity

History of Revised Penal Code

The Revised Penal Code was a revision of the Old Penal Code through a committee
which was created by Administrative Order No. 94 of the Department of Justice, dated
October 18, 1927, composed of Anacleto Diaz, as chairman, and Quintin Paredes, Guillermo
Guevara, Alex Reyes and Mariano H.de Joya, as members.
It is commonly known as the Revised Penal Code it became e
ffective since January 01, 1932. The Old Penal Code which was modified by the
committee, took effect in the Philippines on July 14, 1887, and was in force up to December
31, 1931.

Two Theories of the Penal Code

Classical Viewpoint
1. The basis of criminal liability is human free will and the purpose of penalty is retribution.
2. Man is essentially a moral creature with absolutely having a free will to choose between
good and evil, thereby placing more stress upon the effect or result of the felonious act
than upon the man, not the criminal himself.
3. Man should only be adjudged and held accountable from wrongful acts so long as free will
appears unimpaired.
4. It has endeavored to establish a mechanical and direct proportion between crime and
penalty.

Positivist Viewpoint

1. Offender as an abstract being, and of prefixing for him, through a series of hard and fast
rules, a great multitude of penalties with scant regard to the human element.
2. The positivist holds that man is subdued occasionally by strange and morbid
phenomenons which constrain a man to do wrong inspite of or contrary to his volition.

3. Crime is essentially a social and natural phenomenon and as such, it cannot be treated and
checked by the application of abstract principles of law and jurisprudence nor by the
imposition of a punishment fixed and determined a priori but rather, through the
enforcement of individual measures in each particular case after a thorough, personal and
individual examination conducted by a competent body of psychiatrists and social
scientist.

Brief History of Philippine Criminal Law

Before the code of kalantiao was promulgated in 1433, the People of Pre-Spanish
Philippines had a customary and unwritten laws only. Some of the most striking laws
promulgated during this period were:
a. Due respects to elders and parents
b. Strict obedience of children to their parents
c. Strict fulfillment of contract, and
d. Equality of husband and wife both socially and in the control of their property
With the promulgation of the Code of Kalantiao, the penal laws were made severe and
extensive. According to the code, the penalties for felonies and other misdemeanors were:
a. death,
b. incineration,
c. mutilation of fingers,
d. slavery, flagellation,
e. being bitten by ants,
f. swimming under water for a time and other disciplinanary penalties.
The code likewise provide severe punishment to men who were cruel to their wives,
husbands who maltreated innocent wives were sentence to death. Adultery, as well as the
contracting of marriage to very young girls was severely punished.

The following are some of the most significant attribute of the Kalantiao Code:

I. Ye shall not kill; neither shall ye steal; neither shall ye hurt the aged; lest ye incur the
danger of death. All those who infringe this order shall be condemned to death by being
drowned with stones in the river, or in boiling water.
II. Ye shall obey. Let all obey. Let your debts with headmen be met panctualy. He who does
not obey shall receive for the first time one hundred lashes.
V. He, who does not comply, shall be beaten for one hour, he who repeats the offense shall
be exposed for one day among ants.
VI. Slavery of doam (certain period of time) shall be suffered by those who steal away
women of the headmen; by him who keeps ill-tempered dogs that bite the headman; by
him who burns the fields of another.
VII.All those, shall be beaten for two days, who sing while traveling by night; kill the bird
mana-ol; tear the documents belonging to the headman……or mock the dead.
VIII.They shall be burned; those who by their strength, cunning have mocked at and escaped
punishment; or who kill young boys; or to steal away the women of the agorangs
(oldmen).

Felony as a Crime

9
Felony is an act and omission punishable by law specifically revised Penal Code. Felony
is committed not only by means of fault (culpa) but also by means of dolo (deceit). (Art. 3,
RPC)

Note: All felonies are crimes but not all crimes are felonies because it could also be an offense
or misdemeanor.

Legal Classification of Felony

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
b. Frustrated crime
c. Consummated crime
3. As to the plurality of crimes:
a. Simple crime – a single act constitute only one offense.
b. Complex crime – when single act constitute two or more grave or less grave felonies or when
an offense is a necessary means for committing the other.
4. As to the gravity of penalty or offense:
a. Grave felonies
b. Less grave felonies
c. Light felonies
5. 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.
n. Quasi-offenses

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 like violation of
tax law.
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
b. Irrational crime
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 under world– bag snatching

When does Crime exist?

Legal viewpoint- person has been proven guilty.
Scientific view point- crime exists when it is reported.

Some Distinctions

Between Crime, Sin and Immorality:

Crime- is against the penal law of a state.
Sin- is against the spiritual or divine law.
Immorality- is against the unwritten social norms in locality.
Crime- is nationalistic
Immorality- is regionalistic
Crime- is a crime because the law says so.
Overcriminalization- too many laws
Undercriminalization- not enough laws

Why must 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.
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.

Criminals
Legal sense- a person has been found guilty through final verdict.

11
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– 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– person who acted in consonance with deliberate thinking, such as:
b.1. Neurotic criminal– person whose action arise from intra-psychic conflict between
the social and anti-social components of his personality. Ex. Kleptomania
b.2. Normal criminal– person whose psychic organization resembles that of normal
individuals except that he identified himself with criminal prototype.
b.3. Criminality – caused by an organic pathological process.
2. 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 criminals 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.

Approaches and Methods in Criminology for Study of 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.

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. Electric 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 factor that enhances 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.
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 Becarria
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.
5. Criminals are Born (Positive School of Thought) by Cesare Lambroso, 1835-1909.
Criminals are born with some physical characteristic which become the causes of
crimes.

Crime in the Philippines

13
Criminologist has accepted that criminality tendencies and behavior could be influenced
by social conditions. In the Philippines, crimes committed are invariably associated with some
of the following contributing factors such as:
1. Economic
2. Cultural influences
3. Environment
4. Social conditions, and
5. Individual personal temperaments
Geographically speaking, the Philippines is in the tropic zone and theoretically Filipinos
are hot-blooded people with very volatile temperaments.
Sexual offenses ranging from rape, abduction, acts of lasciviousness, and prostitution are
prevalent in some different localities of the country because the criminal behavior of the people
is greatly affected by poor economic and social conditions, thus making the act as social
phenomena.

Other Basic Causes of Crime

1. Hatred
2. Passion- general desires and passions.
3. Personal Gain- to improve life. “Get Rich Quick”.
4. Insanity
5. Revenge- This literally means to retaliate.
6. Unpopular Laws- Laws or ordinances that is ambiguous

Crime Theories
1. Biochemistry- oldest theory is 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. Ecological criminology was the first sociological criminology, developed during the 1920s at
the Department of Sociology at the University of Chicago. Hence, it is also called Chicago
School sociology. Ecology is the study of relationships between an organism and its
environment, and this type of theory explains crime by the disorganized eco-areas where
people live rather than by the kind of people who live there.
4. Strain, sometimes called by the French word anomie, is a 1938 American version of French
sociology, invented by the father of modern sociology, Emile Durkheim (1858-1917). This
type of theory sees crime as the normal result of an "American dream" in which people set
their aspirations (for wealth, education, occupation, any status symbol) too high, and inevitably
discover strain, or goal blockages, along the way. The only two things to do is reduce
aspirations or increase opportunities.
5. Learning theories tend 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.
6. Control theories in criminology are all about social control. It focuses upon a person's
relationships to their agents of socialization, such as parents, teachers, preachers, coaches,
scout leaders, or police officers.
7. Labeling theory - labeling or shunning reaction.
8. 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. These kind of dog-eat-dog theories also have their origins
in the 1960s and 1970s, and are characterized by the study of power and powerlessness.
9. Radical theories, also from the 1960s and 1970s, typically involve Marxist (referring to Karl
Marx 1818-1883).
10. Left realism 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.
11. 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).
12. 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.
13. Postmodern criminology matured in the 1990s, although postmodernism itself (as a
rejection of scientific rationality to the pursuit of knowledge) was born in the late 1960s. It
tends to focus upon how stereotypical words, thoughts, and conceptions limit our
understanding, and how crime develops from feelings of being disconnected and dehumanized.
It advocates replacing our current legal system with informal social controls such as group
and neighborhood tribunals.

Theoritical Explanation on Why People Commits Crime

1. Social Structure Theories
1.1. 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.
1.2. Social Ecology
Since the 1970s, social ecology studies have built on the social disorganization theories.
Many studies have found that crime rates are associated with poverty, disorder, high numbers
of abandoned buildings, and other signs of community deterioration.
1.3. 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:
 Structural: societal level filters down and affect how the individual perceives his or
her needs. or
 Individual: this refers to the frictions and pains experienced by an individual as he or
she looks for ways to satisfy his or her needs.

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
15
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 deliquency 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.
2. Individual Theories
2.1 Trait Theories
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.
2.2. Control Theories
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:
1. Attachment to others 2. Belief in moral validity of
rules 3. Commitment to achievement and 4. Involvement in
conventional activities
Hirschi expanded on this
theory, with the idea that a person with low self-control is more likely to become criminal.
Social bonds, through peers, parents, and others, can have a countering effect on one's low self-
control. 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.
Social Control Theory (later also called Social Bonding Theory) proposes that people's
relationships, commitments, values, norms, and beliefs encourage them not to break the law.
Thus, if moral codes are internalized and individuals are tied into, and have a stake in their
wider community, they will voluntarily limit their propensity to commit deviant acts.
2.3. 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' in the less powerful groups' processes of
generating meaning.
3. 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 behaviour, and were relatively free to choose whether to take part in
delinquency.
4. 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.

5. Anomie
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

6. 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.
Motives and Causes of Crime
(Criminology and other Fields)

Theory Motive
Demonology (5,000BC-1692AD) Demonic Influence
Astrology (3500 BC-1630 AD) Zodiac/Planetary Influence
Theology (1215 BC-present) God's will
Medicine (3000 BC -present) Natural illness
Education (1642-present) Academic underachievement/bad teachers
Psychiatry (1795-present) Mental illness
Psychoanalysis (1895-present) Subconscious guilt/defense mechanisms
Classical School of Criminology (1690--) Free will/reason/hedonism
Positive School of Criminology (1840--) Determinism/beyond control of individual
Phrenology (1770-1875) Bumps on head
Cartography (1800-present) Geographic location/climate
Mental Testing (1895-present) Feeble-mindedness/retardation/low IQ

17
Osteopathy (1892-present) Abnormalities of bones or joints
Chiropractics (1895-present) Misalignment of spine/nerves
Imitation (1843-1905) Mind on mind crowd influences
Economics (1818-present) Poverty/economic need/ consumerism
Case Study Approach (1909-present) Emotional/social development
Social Work (1903-present) Community/individual relations
Sociology (1908-present) Social/environmental factors
Castration (1907-1947) Secretion of androgen from testes
Ecology (1927-present) Relation of person with environment
Transexualism (1937-1969) Trapped in body of wrong sex
Psychosurgery (1935-1959) Frontal lobe dysfunction/need lobotomy
Culture Conflict (1938-1980) Conflict of customs from "old" country
Differential Association (1939-present) Learning from bad companions
Anomie (1938-present) State of normlessness/goal-means gap
Differential Opportunity (1961-present) Absence of legitimate opportunities
Alienation (1938-1975) Frustration/feeling cut off from others
Identity (1942-1980) Hostile attitude/crisis/sense of sameness
Identification (1950-1955) Making heroes out of legendary criminals
Containment (1961-1971) Outer temptation/inner resistance balance
Prisonization (1940-1970) Customs and folkways of prison culture
Gang Formation (1927-present) Need for acceptance, status, belonging
Behavior Modification (1938-1959) Reward/Punishment Programming
Social Defense (1947-1971) Soft targets/absence of crime prevention
Guided Group Interaction (1958-1971) Absence of self-responsibility/discussion
Interpersonal Maturity (1965-1983) Unsocialized, subcultural responses
Sociometry (1958-1969) One's place in group network system
Dysfunctional Families (1958-present) Members "feed off" other's neurosis
White-collar Crime (1945-present) Cutting corners/bordering on illegal
Control Theory (1961-present) Weak social bonds/natural predispositions
Strain Theory (1954-present) Anger, relative deprivation, inequality
Subcultures (1955-present) Criminal values as normal within group
Labeling Theory (1963-1976) Self-fulfilling prophecies/name-calling
Drift (1964-1984) Sense of limbo/living in two worlds
Reality Therapy (1965-1975) Failure to face reality
Gestalt Therapy (1969-1975) Perception of small part of "big picture"
No communication between inner parent-adult-
Transactional Analysis (1961-1974)
child
Learning Disabilities (1952-1984) School failure/relying on "crutch"
Biodynamics (1955-1962) Lack of harmony with environment
Nutrition and Diet (1979-present) Imbalances in mineral/vitamin content
Metabolism (1950-1970) Imbalance in metabolic system
Biofeedback (1974-1981) Involuntary reactions to stress
Biosocial Criminology (1977-1989) Environment triggers inherited "markers"
The "New Criminology" (1973-1983) Ruling class oppression
Conflict Criminology (1969-present) Structural barriers to class interests
Critical Criminology (1973-present) Segmented group formations
Radical Criminology (1976-present) Inarticulation of theory/praxis
Left Realism (1984-present) Working class prey on one another
Criminal Personality (1976-1980) 53 errors in thinking
Criminal Pathways Theory (1979-present) Critical turning/tipping points in life events
Feminism (1980-present) Patriarchial power structures
Low Self Control Theory (1993-present) Impulsiveness, Sensation-seeking
General Strain Theory (1994-present) Stress, Hassles, Interpersonal Relations

Factors Affecting Development and Existence of Crimes and Criminality

These factors are:

A. Geographic factors
B. Biological factor
C. Psychoanalytic and psychiatric factors
D. Sociological factors
E. Other criminogenic factors

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.

19
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.
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. Victor Hugo referred to his work in Les
Misérables, about what he would have said about Thénardier's face. The philosopher Jacob
Fries (1773–1843) also suggested a link between crime and physical appearance when he
published a criminal anthropology handbook in 1820.
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.
2. Phrenology-from Greek: "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. In
1843, François Magendie referred to phrenology as "a pseudo-science of the present day"
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 accordinance 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,
fraud and violence.
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.

5. 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 expression 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). The lesson was clear and dramatic: the
study linked medical and moral deviance and fused the new mendelian laws with the old
biblical injunction that "the sins of the fathers shall be visited on the sons."
2. Study of Juke Family Tree (Dugdale and Estabrook)
The 19th-century view of "degeneracy" (roughly synonymous with "bad heredity") led
theorists to conceive of social problems such as insanity, poverty, intemperance, and criminality
— as well as idiocy — as interchangeable. This view was expounded in The Jukes: A Study in
Crime, Pauperism, Disease, and Heredity (Richard Dugdale, 1875), a study of a rural clan
that "over seven generations produced 1,200 bastards, beggars, murderers, prostitutes, thieves
and syphilitics."
21
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
i. An addendum of a family found after the book was in type reports 2 more physicians and a
comptroller of the U.S. treasury.

C. Psychoanalytic and Psychiatric Factors

Definition
a. Psychoanalytic – the analysis of human behavior.
b. Psychiatry – the study of human mind.

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

1. 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)
2. Abrahamsen in his crime and the human mind, 1945 explained the causes of crime through
formula (CB = CT + Inducing situation / PMRT
3. 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.
4. 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.
5. Bromberg (Crime and the mind, 1946) claimed that criminality is the result of emotional
immaturity.
6. 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.
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:

a. Idiot– Their mentality is compared to a 2 years old person.
b. Imbecile– Their mentality is like a child of 2 to 7 years old.
c. 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.
d. 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.
e. Compulsive Neurosis– this is the uncontrollable or irresistible impulse to do something.
This neurosis maybe in the following forms:
1. Pyromania– compulsive desire to set fire.
2. Homicidal Compulsion– the irresistible urge to kill somebody.
3. Kleptomania– the completive desire to steal.
4. Dipsomania– the compulsive desire to drink alcohol.

f. 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.

g. 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.

h. 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.

i. Drug Addiction– this is another form of vice which cause strong mental disturbance.

D. Sociological Causes of Crimes

23
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
Sutherland proposing that through interaction with others, individuals learn the values,
attitudes, techniques, and motives for criminal behavior.
He 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. He
coined the phrase white-collar criminal in a speech to the American Sociological Association
on December 27, 1939.

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

2. Differencial 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 of 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 adolecence to play.
5. Conflict of Culture Theory by Thorsten Sellin
It was emphasized that the multiflicity of flicting culture is the principal source of social
disorganization. The high crime and delinquency rates of certain ethics or racial group is
explained by theire 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
E. Other Criminogenic Factors or Causes of Crimes
a. Failure of the School in Character Development of the Children and the Youth.
b. The Mass Communication Media develop an artificial environment of crimes and
delinquency and influence the public to violate the law.
c. Political causes may bring about on artificial set or crime
1. There are too many laws and ordinances passed and violated.
2. 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.
3. Leniency of the courts to imposed stiffer penalties which encourage commission of crimes
etc...

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". 

Exodus 21:23-25
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).

Principles in the Philosophy of Retribution

1. Proportionality
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 ritribution. 
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.

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). Such
intellectuals as Montesquieu (1689-1755), Voltaire (1694-1778), Rousseau (1712-1778),
Beccaria (1738-1794), and Bentham (1748-1832) all played a large part in shaping the
philosophy of utilitarianism, as did others. 

25
Utilitarian Perspective
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. 

Redemption and 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.  The
Catechism of the Catholic Church (Article 5, section 2266) provides the classic statement on
redemption as a philosophy of punishment.
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
a. Asphyxiation (or strangulation)
b. Boiling to death
c. Burning, for religious heretics and witches on the stake
d. Breaking wheel
e. Burial (alive, also known as the pit)
f. Decapitation, or beheading (as by sword, axe or guillotine)
g. Drowning
h. Electrocution (also electric chair)
i. Exposure in animal skin
j. Guillotine
k. Poisoning ( natural poisons)
l. Sawing
m. Shooting can be performed either
n. Slow slicing
o. Stabbing
p. Starvation and Dehydration (sometimes as immurement)
q. Stoning
r. quartering (through horses, dogs, crocodiles, insects etc.)
s. death flights
Punishments used in the 18th and 19th century
Transportation
Transportation was when 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
the 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.
Corporal Punishment
Corporal Punishment was retained as a punishment for a lot longer than either the stocks
or the pillory.
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'. One of the most vicious forms of corporal punishment was the 'Scavengers
Daughter' (body clamp).
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. Prisons are conventionally institutions which form part of the criminal justice system
of a country, such that imprisonment or incarceration is a legal penalty that may be imposed
by the state for the commission of a crime.
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 treadwheels and the like (Auburn system).
Bureau of Correction in the Philippines
The main penitentiary was the Old Bilibid Prison on Oroquieta Street in
27
Manila, which was established in 1847. It was formally opened on April 10, 1866 by a Royal
Decree.  About four years later, on August 21, 1870,
the San Ramon Prison and Penal Farm in Zamboanga City was established to confine
Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule. The facility,
which faced the Jolo Sea, had Spanish-inspired dormitories and was originally set on a 1,414-
hectare sprawling estate. When the Americans took over in the 1900s, the Bureau of
Prisons was created under the Reorganization Act of 1905 (Act No. 1407 dated November 1,
1905) as an agency under the Department of Commerce and Police.  It also paved the way for
the re-establishment of San Ramon Prison in 1907, which was destroyed in 1898 during the
Spanish-American War.  Before the reconstruction of San Ramon Prison, the Americans
established in 1904 the Luhit penal settlement (now Iwahig Prison and Penal Farm) on a
vast reservation of 28,072 hectares.  It would reach a total land area of 40,000 hectares in the
late 1950s.  The area was expanded to 41,007 hectares by virtue of Executive Order No. 67
issued by Governor Newton Gilbert on October 15, 1912. On November 27, 1929, the
Correctional Institution for Women (CIW) was created under Act No. 3579 to date; it is the
only prison facility for women. In the country, the Davao Penal Colony in Southern
Mindanao was opened in January 21, 1932 under Act No. 3732.  Owing to
the increasing number of committals to the Old Bilibid Prison in Manila, the New Bilibid
Prison was established in 1935 in the southern suburb of Muntinlupa, Rizal. 
After the American regime, the Sablayan Prison and Penal
Farm in Occidental Mindoro under Proclamation No. 72 was issued on September 26, 1954
and Leyte Regional Prison under Proclamation No. 1101 issued on January 16, 1973.
The Bureau
of Prisons was renamed Bureau of Corrections under the New Administrative Code of
1987 and Proclamation No. 495    issued on November 22, 1989.  It is one of the attached
agencies of the Department of Justice.
Important to Remember:
Old Bilibid Prison:  known as the “Carcel y Presidio Correccional” and could accommodate
1,127 prisoners.  The Carcel was designed to house 600 prisoners who were segregated
according to class, sex and crime while the Presidio could accommodate 527   prisoners. The
prison occupied a quadrangular piece of land 180 meters long on each side, which was
formerly a part of the Mayhalique Estate in the heart of Manila. The Bureau of Prisons had a
ship, the BUPRi that transported goods and prisoners to all penal establishments in the country.
In 1940, the entire prison population including security facilities and equipment were
transferred to a new site in Muntinlupa.  A portion was left to serve as the Manila office of the
Bureau of Prisons.  Remaining edifices were used to house the Manila City Jail.
New Bilibid Prison (NBP):  Accordingly, Commonwealth Act No. 67 was enacted,
appropriating one million pesos for the construction of a new national prison in Muntinlupa. On
November 15, 1940, all inmates of the Old Bilibid Prison in Manila were transferred to the new
site. It had a capacity of 3,000 prisoners and it was officially named the New Bilibid Prison on
January 22, 1941. The prison reservation had an area of 587 hectares.  The prison compound
proper had an area of 300 x 300 meters or a total of 9 hectares. 
It has maximum security compound in the ‘70s and continues
to be so. Another facility was constructed. The NBP expanded with the construction of new
security facilities such as Camp Sampaguita or the Medium Security Camp which served as
a military stockade during martial law and the Minimum Security Camp, whose first site was
christened Bukang Liwayway. On January 22, 1941 the electric chair was transferred to
New Bilibid Prison.
Correctional Institution for Women (CIW
After a series of negotiations started by Prison Director Ramon Victorio, the
Philippine Legislature passed Republic Act No. 3579 in November, 1929. It authorized the
transfer of all women inmates to a building in Welfareville at Mandaluyong, Rizal. On
February 14, 1931, the women prisoners were transferred from the Old Bilibid Prison to the
building especially constructed for them.  Its old name, Women’s Prison, was changed to
Correctional Institution for Women and it occupied 18 hectares. 
Fort Bonifacio Prison:  A committee report submitted to then President Carlos P. Garcia
described Fort Bonifacio, formerly known as Fort William McKinley, as a military reservation
located in Makati, which was established after the Americans came  to the Philippines.
The prison was originally used as a detention center for offenders of US military laws and
ordinances.During the administration of President Diosdado Macapagal, the Fort was renamed
Fort Andres Bonifacio. The correctional facility was also renamed Fort Bonifacio Prison. 
The one-story building now stands on a one-hectare area.
Iwahig Penal Colony:  Puerto Princesa was selected as the site for a correctional facility.  The
institution had for its first Superintendent Lt. George Wolfe, a member of the U.S.
expeditionary force, who later became the first prisons director. Governor Luke Wright
authorized the establishment of a penal colony in the province of Palawan on November 16,
1904. This penal settlement, which originally comprised an area of 22 acres, originally served
as a depository for prisoners who could not be accommodated at the Bilibid Prison in Manila. In
1906, however, the Department of Commerce and Police (which later became the Department
of Public Instruction) moved to turn the institution into the center of a penal colony supervised
in accordance with trends at the time. Through the department’s efforts, the Philippine
Commission of the United States government passed Act No. 1723 in 1907 classifying the
settlement as a penal institution. In 1955, Administrative Order No. 20 was promulgated by
the President and implemented by the Secretary of Justice and the Secretary of Agriculture and
Natural Resources. This order allowed the distribution of
colonylands for cultivation by deserving colonists. The order also contained a list of
qualifications for colonists who wished to apply for a lot to cultivate, the conditions for the
settler’s stay in his land, loan requirements and marketing of the settlers’ produce. Lots granted
did not exceed six hectares.       
Four Subdivisions of Iwahig into Zones or Districts
1. Central sub-colony with an area of 14,700 hectares 2. Sta. Lucia with
9,685 hectares 3. Montible with 8,000 hectares and
4. Inagawan with 13,000 hectares.
San Ramon Prison and Penal Farm: It was established in Southern Zamboanga on August
21, 1870 through a royal decree promulgated in 1869.  Established during the tenure of
Governor General Ramon Blanco (whose patron saint the prison was named after), the
facility was originally established for persons convicted of political crimes.     
Prisoners in San Ramon were required to do agricultural work. On November 1,
1905, Reorganization Act No. 1407 was approved creating the Bureau of Prisons under the
Department  of  Commerce  and  Police,  integrating  the Old Bilibid Prison,  San  Ramon
Penal  Colony  and Iwahig Penal. The Philippine Coconut Authority took over management
of the coconut farm from San Ramon.
Davao Penal Colony:  The Davao Penal Colony is the first penal settlement founded and
organized under Filipino administration. The settlement, which originally had an area of
approximately 30,000 hectares in the districts of Panabo and Tagum, Davao del Norte, was
formally established on January 21, 1932 by virtue of Act No. 3732.  This Act authorized the
Governor-General to lease or sell the lands, buildings and improvements in San Ramon Prison
and Iwahig Penal Colony. During World War II, it was converted into a concentration camp
where more than 1,000 Japanese internees were committed by the Philippine-American Armed
Forces.   In 1953, the colony ventured into abaca
29
farming.About 500 hectares of the Davao Penal Colony used to be planted to abaca. It later
became an agricultural estate for Cavendish banana.
Sablayan Prison and Penal Farm- It is located in Occidental Mindoro and relatively new. 
Established on September 26, 1954 by virtue of Presidential Proclamation No. 72, the penal
colony has a total land area of approximately 16,190 hectares.Prison records show that the first
colonists and employees arrived in Sablayan on January 15, 1955.  It was used
by the national government as a   relocation site for refugees from the eruption of Mt. Pinatubo
eruption in 1991.
Leyte Regional Prison -The Leyte Regional Prison, situated in Abuyog, Southern Leyte, was
established a year after the declaration of martial law in 1972 by virtue of Presidential Decree
No. 28 The LRP has an inmate capacity of 500. It follows
the same agricultural format as the main correctional program in addition to some rehabilitation
activities.  The prison admits convicted offenders from Region VI and from the national
penitentiary in Muntinlupa
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:
 delusions,
 dissatisfaction with life,
 claustrophobia,
 depression,
 feelings of panic,
 And on many instances madness.

All of which are symptoms of chronophobia – a state often referred to as prison neurosis.

The Needs of Prisoner

Prison Subcultures
Physical and Psychological Victimization
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,
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
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
1. Employment of Prisoners
2. Religious Services
3. Educational Program
4. Recreational Program
5. Library Services
6. Health and Medical Services
7. Counselling

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.

Executive Clemency
31
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.
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.
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
Note: One of the goals of victimology as a science is to help end this state of societal confusion.

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. 
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.
Few enduring models and near-theories exist:
1. Luckenbill's (1977) Situated Transaction Model - This one is commonly found in
sociology of deviance textbooks. The idea is that at the interpersonal level, crime and
victimization is a contest of character. 
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:

a. Precipitating Factors - time, space, being in the wrong place at the wrong time.
b. 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).
c. Predisposing Factors - all the sociodemographic characteristics of victims, being male,
being young, being poor, being a minority, living in squalor, being single, being unemployed.

3. 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, unlike
deterministic criminology, 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
Primary prevention involves altering the environment in such a way that the root
causes, or at least the facilitators, of crime are eliminated. 
33
2. Secondary Prevention    
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. E.x. directed patrol, surveillance and target-hardening which increase the risk and
effort for committing crime, property identification, security lighting, and intrusion alarms,
Neighborhood Watch, citizen patrols, protection personnel, and efforts on the part of victims to
change their lifestyles. 
3. Tertiary Prevention     
Tertiary prevention is a term taken from the field of medicine to describe
procedures to be taken after a disease or threat is manifest.  It 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
First of all, we need to know who the victims are.  While crime victim-
related research of 40 and 50 years ago examined the characteristics of victims, much of it
approached the issue from the perspective of "shared responsibility," that is how crime
victims were, in part, "responsible" for their victimization.
The risk of becoming a crime victim varies as a function of S.A.U.C.E.R
(Sociodemographic Characteristics):
 Sex - Male or female
 Age - Young, middle aged, or elderly
 Urban - Urban or rural
 Class - Socioeconomic class
 Ethnicity - Racial characteristics
 Religion - Religious preference

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.
Glossary of Terms
Actus Reus: Sometimes called the external element of a crime — is the Latin term for the
"guilty act" which, when proved beyond a reasonable doubt in combination with the mens
rea, i.e., the "guilty mind", produces criminal liability in common law-based criminal law
jurisdictions.
Celerity: Swiftness.  Beccaria argues that in order to achieve the deterrent effect of sentence it
must possess celerity. 
Constitutional Theories:  Theories such as Lombroso's or Sheldon's that locate the origins of
criminality in a person's biological or psychological make-up.  It refers to one's physical
constitution (not a legal constitution).
Deviant Behavior: Behavior that is a recognized inviolation of social norms. It is not the act
itself, but the reactions to the act, that make something deviant.
Durham Rule (irresistible impulse): Monte Durham was a 23-year-old who had been in and
out of prison and mental institutions since he was 17. The Durham rule states "that an accused
is not criminally responsible if his unlawful act was the product of mental disease or mental
defect." The Durham rule was eventually rejected by the federal courts, because it cast too
broad a net. Alcoholics, compulsive gamblers, and drug addicts had successfully used the
defense to defeat a wide variety of crimes.
Mens Rea: A Latin term for "guilty mind" used in the criminal law.
Ex-Post Facto: Laws that apply retroactively, that is, to punish actions conducted before they
were pronounced illegal.
Hedonism: The idea held by the classical school, that people only act according to what they
find pleasurable and in their self-interest.  See also Free Will/Reason.
McNaughton Rule (not knowing right from wrong): The first famous legal test for insanity
came in 1843, in the McNaughton case.
Stigmata: As a term of medicine, 'stigmata' refers to the physical marks and characteristics that
suggest an individual is abnormal.  For Lombroso, such stigmata included abnormal skull sizes,
hawk-like noses, large jaws and cheekbones, and fleshy lips.
Utilitarianism: Specifically, utilitarianism refers to the theory of Jeremy Bentham and John
Stuart Mill that the overall utility or benefit produced by an action ought to be the standard by
which we judge the worth or goodness of moral and legal action. Social contract theorists: the
idea that government was utilitarian in nature followed from their understanding of human
nature as hedonistic, and bringing about government because they realize it is in their benefit. 
"Promoting the Greatest Good for the Greatest Number".

35