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Introduction to Criminology & Psychology of Crimes

Module 5: Criminology (Formerly Sociology of Crimes and Ethics with Human

Relation) – 20%

1. Introduction to Criminology

2. Theories of Crime Causation (New Subject)

3. Human Behavior and Victimology (NS)

4. Dispute Resolution and Crisis and Incident Mgmt (NS)

5. Professional Conduct and Ethical Standards

6. Juvenile Justice and Juvenile Delinquency

7. Criminological Research 1

8. Criminological Research 2

Criminology

- Study of Crimes & Criminals & Criminal behavior & the effort of the
society to prevent and repress them (narrow sense)

- Legal sense – RA 11131 Sec 4. Par. E è scientific study of crimes,

criminals and victims. Also on the prevention and solution of crime.
(Antonio Trillanes)

- Broad Sense – Entire body of knowledge (science) regarding crime (focal

point) as a social phenomenon. It includes within its scope, the process
of making laws, breaking of laws & society’s reaction towards the
breaking of law (Edwin Sutherland & Donald Cressy)

Phenomenon = regular repetitive event

Making laws = nature and administration of law = LAMAN NG BATAS AT

PROSESO NG PAGPAPATUPAD NG BATAS (RPC, SPL, Criminal
Procedure, Evidence)

Breaking laws = causes and origin of crime = THEORIES OF CRIMES

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Reaction towards the breaking of laws = PENALTY / PUNISHMENT

Laws = BATAS

Crimes = KRIMEN

Penalty = PARUSA

3 Branches / Principal Divisions of Criminology (S.E.P.)

1. S – Sociology of Laws = laws in our society and the function of laws and
how laws should be enforced

2. E – Etiology of Crimes = causes, reasons, factors and origin of criminal

behavior (criminogenesis)

3. P – Penology = penal science; science of penalty and rehabilitation

Note: Peacemaking Criminology = war on crime is ineffective; suggest the use of

non-violent solution (ex. non-use of firearm)

Edwin Sutherland

- Dean of Modern Criminology

- Pioneer of American Criminology (father of criminology in USA)

- Coined the term: White Collar Crime (Financial Crime)

- Author: Differential Association Theory

- Criminal behavior is not inherited but rather LEARNED

- Defined the term criminology

Origin of Criminology

Latin è “CRIMEN” & Greek Word = Logos = study

Italian è “Rafaelle Garofalo” = “Criminologia”

French è “Paul Topinard” = “Criminologie”

Sample Question:
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The term criminology was originally derived from the Italian term _______ which
was coined by ______

Criminologia; Rafaelle Garofalo

Nature of Criminology – SAND

(Characteristics of Criminology)

S – Social Science – study people and community (criminologists are social

scientists)

A – Applied Science – not a pure science; barrow concepts and knowledge from
other sciences (multidisciplinary science / instrumentation)

ex. Forensic Photography, Forensic Chemistry, Forensic Medicine

N – Nationalistic – depends on the law of the country where we are studying

(criminology is territorial)

D – Dynamic – changing / developing / adapting to social changes

(ex: RPC (1932), Cyber Crime, Carnapping, RA 9995 – anti photo and video
voyeurism law)

Is Criminology a science or not?

Yes – why?

*RA 11131 – Criminology is Scientific study of crimes, criminals and

victims.

*CMO 5 s.2018 – New Criminology Curriculum (Program: BS in

Criminology)

No – why? – George Wilker

Requirement to become a science: UNIVERSAL ACCEPTANCE AND

VALIDITY

Ex. criminology is NOT UNIVERSAL

Ex. Marijuana – Philippines = ILLEGAL

Canada – marijuana is LEGAL

Prostitution – Phil. – illegal

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Les Vegas – Professional Sex Worker

Scope of Criminology

1. Origin and development of Criminal Law

- Babylon è Code of Hammurabi (1st Codified Law) – tit for tat (eye
for an eye) = lex talionis

- Greece è Code of Draco (Harsh Code in Greece) – all crimes is

penalized by death

- France è Burgundian Code – penalty is based on social class

- Greece è Code of Solon – death penalty was abolished but not for
murder or homicide (penalty must be commensurate with the
seriousness of crime)

- Philippines è Code of Kalantiao (Hoax / Myth) – 1433; Islands of

Panay and Aklan

- Spanish Era è Codigo Penal / Ley Engiciamiento Criminal

- American è Revised Penal Code (Combination of American and

Spanish Law) (ex. reclusion perpetua, aberatio Ictus, destierro,
dolo/culpa, mala inse / prohibita

- Current era è Special Penal Laws (RA, PD and EO)

2. 2. Origin and Causes of Criminal Behavior – “Theories of crime

causation”

3. Other allied Science (related sciences) of Criminology

a. Criminal Demography – crime and population (direct relation)

b. Criminal Epidemiology – crime & environmental factors

c. Criminal Ecology – Crime & Space in Community (inverse relation) è

ecosystem and urbanization

d. Criminal Physical Anthropology – crime & physical structure (ex.

phrenology – behavior is related to shape of skull)

e. Criminal Psychology – crime & human behavior and personality (ex.

anxiety, introversion, phobia)
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f. Criminal Psychiatry – crime & human emotional and mental aspect /

mind (ex. schizophrenia, Alzheimer’s disease)

g. Criminal Politics – crime & government strategy against criminality.

(ex. Oplan Tokhang, Koban System)

h. Victimology – crime & role and participation of victim

3 Schools of Thought of Criminology

School = “Group”

Thought = ideas or principles

School of Thought = group of ideas that support a theory

*theory = statement of explanation on a certain phenomena (ex. Theory of

Evolution) – not yet proven; synonymous with the term HYPOTHESIS.

Before the 3 schools of thought = “PRE-CLASSICAL THEORY” è Demonological

theory of Crime – criminals are possessed by evil spirits (obsolete)

1. Classical School / Rational Choice / Juristic Theory

Classic = Old

Founder / Advocate = Cesare Bonesana Marchese di Beccaria (father of

classical criminology)

Associate: Jeremy Bentham

Cause of Crime (why?) – Freewill / Self Rule / Autonomy

- freedom to think

- freedom to weigh (pleasure and pain)

- freedom to choose (select)

- freedom to decide

Assumption: all criminals are RATIONAL THINKER

Purpose of Penalty (what?): punished – how?

Beccaria: “Let the Punishment fit the crime” = RETRIBUTION (vengeance)

Prevention of Crime (how?) à Punishment à pain + fear = DETERRENCE

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ACCORDING TO BECCARIA:

1. Prevention is better that punishment

2. The amount of penalty must be commensurate with the seriousness of

the offense

3. Excessive penalty in unjust

4. Degree of evidence must be sufficient

5. Certainty rather than severity

6. Trial must be public

Classical è “FRED”

F – Freewill is the cause of crime

Re – Retribution is the purpose of penalty

D – deterrence is the preventive measure

Jeremy Bentham (PHUFP)

1. Panopticon Prison = “Cylindrical Prison”

- never been build = uneconomical

- prison must be made from glass and iron

- purpose: to make daily life of prison guard easy

Pan = All

Opticon = see and observe

2. Hedonism – “people seek pleasure and avoid pain”

3. Utilitarianism – “greatest happiness shared by greatest number of

people”

4. Felicific Calculus – imaginary math formula to compute pleasure and

pain
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5. Penal Pharmacy – the amount of pain must be commensurate with the

amount of pleasure

Classical school is an imperfect theory

Assumption: freewill is ABSOLUTE (all people have freewill)

2. Neo-Classical School

Neo – new / modified

Author: Gabriel Tarde

- Freewill

- Freewill is not absolute

- Not all people have freewill

a. Insane / lunatics

b. Imbecile exempting or mitigating circumstances

c. Minors

- Q – this school of thought assumes that all criminals must be

responsible for his act?

- A – Classical

- Q – this school of thought believe that criminals must be punished

regardless of their personality, age and mental status?

- A – Classical

- Q – this school of though believe that although individuals have freewill

there are other factors that affect the exercise of their freewill?

- A – Neo Classical School

Modern Outgrowths of Classical School

1. Deterrence theory – theory of crime prevention thru infliction of penalty

and fear

2 Types of Deterrence
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a. Specific / Special Deterrence – “Fear” inflicted upon the doer of crime –

to prevent recidivism (commission of another crime of the same title)

Ex. Murder è homicide (both crimes against person)

a. General Deterrence – “fear” inflicted upon the viewer of the penalty to set
as an example to other (to prevent future crimes)

Requisites for an effective Deterrence (CCS)

a. C – Certainty = sureness of penalty

b. C – Celerity = Swiftness of penalty (quick)

c. S – Severity = Commensurateness

2. Routine Activities theory (RAT) by Felson & Cohen

3 Elements of Predatory Crimes

Predatory Crimes = Criminal (predator) and a Victim (prey)

a. Presence of Motivated Offender = criminal with desire

b. Availability of suitable targets = victim

c. Absence of capable guardian (police, tanod, traffic enforcers, SG) =

Opportunity

Note: removal of one element will result to absence of crime

*removal of criminal from society = INCAPACITATION

*removal of victim = DETERRENCE

*removal of opportunity = POLICE PRESENCE (patrol)

3. Positivism / Positivist / Positive School

- Trait Theory

- Italian School – Italian group

- Garo-falo

- Fe-rri (un)holy three

- Lo-mbroso
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- rejected freewill

- believed that criminals are PUSHED by scientific factors

- assumption: all criminals are SICK individuals

- purpose of penalty: Rehabilitation / Reformation / treatment

1. Founder of Positivism = AUGUST COMTE

- father of sociological positivism

- French Philosopher

- “Determinism” – everything including crime has sufficient causes

Types of Determinism

a. Biological Determinism – crime is due to physical defects and heredity

(criminal behavior is inherited) è Cesare Lombroso

b. Psychological Determinism – crime is due to personality and mental

disorder è Rafaelle Garofalo

c. Sociological Determinism – crime is due to environmental factors è

Enrico Ferri

d. Economic Determinism è crime is caused by economic inequality è

Karl Marx (father of radical criminology)

2. Cesare Lombroso – father of modern and empirical criminology

- Physician / Medical Doctor

- biological determinism

- idol = Charles Darwin è Evolution of Men

- theory of ATAVISM – presence of atavistic stigmata or ape like

characteristics

Atavistic Stigmata

1. Dark Skin

2. Hair body

3. Large Lips
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4. Large eyes

5. Large ears

6. Long Arms

7. Twisted Nose

8. Skin wrinkles

9. Sloping forehead

10. Protruding chin

Note: presence of at least 5 atavistic stigmatas = BORN CRIMINAL è

Hereditary / Genetic

3. Rafaelle Garofalo – Psychological Factors

- criminals are suffering from mental issues

- he called those mental disorders as MORAL ANOMALIES

Types of Criminals

a. Murderers – motivated by vengeance

b. Violent Criminals – motivated by dominance (crimes against person)

c. Lascivious Criminals – motivated by lewdness (crimes against chastity &

Rape)

d. Deficient Criminals – motivated by gain (crimes against property)

4. Enrico Ferri – Sociological Factors of crime

a. Political Factors = social classes (upper class, Middle class &

Lower class)

b. Economic Factors = unemployment / lack of income /

insufficient salary.

Theory: Non Imputability of Crime

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Typology of Crimes – study of the different categories and types of crimes (ibat
ibang uri at anyo ng krimen)

Crime – act or omission punishable law prohibiting or commanding it (general)

Crime of action = performance of an act which is prohibited by law (pag-gawa

ng isang bagay na ipinagbabawal)

ex. do not kill = homicide

ex. do not steal = theft

ex. do not defame = oral defamation / libel

ex. do not hurt = physical injuries

ex. do not cheat on your partners = bigamy, concubinage, adultery

Crime of Omission – failure to perform a command

ex. pay taxes = tax evasion

ex. failure to report a crime of treason = misprision of treason

ex. save a person under impending death = abandonment of victim

ex. issue official receipt = violation of internal revenue

ex. RA 10054 – Wear Helmet

ex. RA 8750 – Wear seat belt

2 Types of Laws

a. Laws that give prohibition = “do not do it”

- A person did something which is prohibited by law = ACT

a. Laws that give command = “do it”

- A person failed to do the command = OMISSION

It is an act or omission punishable by RPC = FELONY

It is an act or omission punishable by SPL = OFFENSE

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It is an act or omission punishable by Ordinances = INFRACTION

It is an act or omission punishable by Law = CRIME

Q – what type of crime is Piracy?

a. Felony B. Crime c. offense d. Infraction

2 Piracy Laws

a. Piracy in the high seas = RPC

b. Piracy in Philippine Waters = PD 532 (Amendatory Law of RPC)

Rape

RPC = Rape thru sexual intercourse

RA 8353 = Rape thru sexual assault

2 Types of Crime According to Manner

Dolo – “Deceit” = intentional felonies

3 Elements of Dolo (IFI)

I – Intent = accomplishment (kill, gain, posses etc) - animus

F – Freedom = voluntary / not a result of duress

(threat and intimidation)

I – Intelligence = discernment (not insane)

Note: absence of an element = no crime or no dolo

Ex. I killed a person accidentally due to a police chase (no intent / good faith) =
JUSTYFING CIRCUMSTANCES

Ex. I killed my friend because someone pointed a gun at me saying I will kill
you if you don’t kill your friend (no freedom) = EXEMPTING

Ex. I killed my wife due to my mental disorder called schizophrenia (no

intelligence) = EXEMPTING

A PERSON DIED WHILE WALKING IN A CONSTRUCTION SITE BECAUSE

THERE IS A FALLING DEBRIS THAT HIT THE HEAD OF THE CIVILIAN

- Reckless imprudence resulting to homicide

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2. Culpa – “Fault”

3 Elements of Culpa (FIN)

F – Freedom

I – Intelligence

N – Negligence, lack of skill or lack of foresight

Types of Crime according to the Nature of Act

Mala Inse

- naturally evil

- morally wrong

- inherently immoral

- usually violation of RPC (ex. murder, rape, theft, libel, physical injuries)

Mala Prohibita

- wrong due to existing laws

- absence of law will result to absence of crime

- crimes of inconvenience

- crimes under SPL (some RA, PD, EO)

RA 8750 – Seat Belt

RA 10054 – Helmet

PD 96 – Anti Siren and Blinker Law

EO 26 – public Smoking

Direction: determine if the SPL is M.I. or M.P.

1. RA 9262 – Anti VAWC è M.I.

2. RA 6539 – Anti Carnapping Law è M.I.

3. PD 533 – Anti Cattle Rustling è M.I.

4. RA 8749 – Anti Smoke Belching è M.P.

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5. RA 10175 – Anti cyber-Crime è M.P.

Other Types of Crimes

1. Light – arresto menor / fine 200 pesos

2. Less Grave – Arresto mayor up to Prision Correccional

3. Grave – Prision Mayor up to Death

4. Acquisitive – results to material gain (ex. estafa, robbery, theft, gambling,

bribery)

5. Extinctive – results to destruction (ex. arson, murder, physical injuries

etc)

6. Instant – occurred in a short period of time

7. Episodic – requires a lengthy space of time

8. Static – occurred in one place only

9. Continuing – occurred in 2 or more places (transitory crimes)

10. Seasonal – occurred in a certain part of the year

11. Situational – the situation or condition is conducive to the crime

ex. crowded place = theft

12. Blue Collar – committed by lower class

13. White Collar – committed by upper class

14. Economic Crime = financial gain

15. Hate crime – “bias crime”/ selective victimization (ex. Religion, Races,
Ethnicity, Gender / LGBT)

16. Victimless Crime = crimes with no private offended party ; no complaining

victim (ex. prostitution, drugs, gambling)

17. Serial Killing – “overtime”; “separate event”; with cooling off stage

18. Mass killing – single violent outburst (ex. throw a grenade in a classroom) –
no cooling off stage

19. Spree Killing – continuous killing in different places

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57 murders

40 years x 57 = 2,280 years

3 Fold Rule = penalty can be add-up upto 3 fold without exceeding 40 years

è JUDICIAL ACCUMULATION RULE

Types of Criminals

Criminal = a person who committed a crime, charged a such and proven guilty
in a criminal proceeding

Law enforcement = suspect / person of interest

Prosecution = respondent

Court = Accused / Defendant

convicted by final judgment = criminal

Correction

institutional correction = PDL (formerly: inmate / Prisoner)

Non institutional = Client (probationer, parolee, pardonee)

Community = Person / Law Abiding Citizen

1. Neurotic Criminal – intra psychic conflict; insane or imbecile; caused by

mental disorder (irrational; exempted)

2. Normal Criminal – caused by idolization and imitation (copy cat crime by

Gabriel Tarde)

3. Chronic Criminal – caused by deliberate thinking (rational Criminal)

4. Acute Criminal – caused by burst of feeling, anger, jealousy, envy

(criminaloids) or criminal by passion

5. Professional Criminal – highly skilled who used crime as a source of

income (ex. assassins, bank robbers, hijackers, prostitutes)

6. Ordinary Criminal – do not possess special skills (users, rugby boy, libel
convicts)

7. Expert Criminals – use high end technology

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8. Organized Criminal – group of 3 or more person committed a serious

crime which is profit motivated