CRI 010:

INTRODUCTION TO
CRIMINOLOGY
Elma Jane M Borja, RCrim.
SOCIOLOGY OF LAW
LESSON TITLE: IDENTIFYING THE
DIFFERENT CHARACTERISTICS OF
CRIMINAL LAW

5
Lesson Objectives:
At the end of this lesson, the
students shall be able to:
1. 1. Understand the concept of
Criminal law;
2. 2. Apply the concept in case
scenarios.
EARLY LEGAL CODES
THE BABYLONIAN AND SUMERIAN CODES :

Code of Ur-Nammu
(2100–2050 BC)
- Summerian Code
- Acknowledged as the first law
system
- Written by an ancient legislator,
Ur-Nammu, the ruler of the city
of Ur
- A code detailing the
punishments for witchcraft, the
escapades of slaves and assault.
Code of Hammurabi (1792–1750 BCE)
- Babylonian Code enacted by King
Hammurabi
- This code prescribes harsh
punishment.
- lex talionis or law of retaliation
- an eye for an eye, a tooth for a
tooth
- Death penalties are imposed on
crimes such as murder, and several
kinds of execution, depending of
the nature of the crime.
 EARLY CODE IN THE PHILIPPINES

Maragtas Code
is said to have been written about 1250
A.D. by Datu Sumakwel of Panay

Kalantiaw Code
written in 1443 in A.D. by Datu Kalantiaw
Laso of Panay
Penalties under the Code of Kalantiao:
a. death penalty;
b. incineration;
c. mutilation of fingers;
d. slavery, flagellation
e. being bitten by ants;
f. Swimming under water for a time; and
g. other disciplinary penalties.
Law – It is the rule of conduct, just
and made obligatory by the
legitimate authority for the
common observance and benefit.
It is symbolically represented by a
blindfolded woman carrying with
one hand a sword and the other a
balance.
Criminal Law – It is a branch or division of
law which defines crimes, treats of their
nature and provides for their punishment.
 SOURCES OF CRIMINAL LAW
Act No. 3815 – The primary source of criminal law in the
Philippines. It is otherwise known as the Revised Penal
Code and it took effect on January 1, 1932

Special Laws – Republic Acts, Executive Orders, Act Nos.,

Batas Pambansa, etc.

Presidential Decrees –
2, 034 enactment of President from the 1972 -1986 when
the Philippines was under Martial Law. These are cited as:
Pres. Decree No.
CHARACTERISTICS OF CRIMINAL LAW

1. It is General in Application (General) – The law

is binding to all persons who live or sojourn in
the Philippines.
Exceptions:
Head of the state or country
Foreign diplomats
Ambassadors who are duly accredited to
a country
Foreign troops permitted to march within
a territory
2. It is territorial in Character (Territorial) – The
law is binding to all crimes committed within
the National Territory of the Philippines .
(Art. 2 of the Revised Penal Code)
Terrestrial –
jurisdiction exercised
over land
Fluvial – over
maritime and interior
waters
Aerial – over the
atmosphere
E X E M P T I O N T O T H E T E R R I T O R I A L C H A R A C T E R O F T H E CR I M I NAL
L AW : T H E R E V I S E D P E NAL CO D E , AR T I CL E 1 , B O O K 1

I t can sti l l be appl ied under the fol l ow ing condi ti ons:
1. Shoul d commi t an offense w hile on a Phi l ippine shi p or ai rshi p.
2. Shoul d forge or counterfei t any coi n or currency note of the
Phi l ippine I sl ands or obl i gati ons and securi ti es i ssued by the
Government of the Phi l ippine I sl ands;
3. Shoul d be l i able for acts connected w i th the i ntroducti on i nto
these i sl ands of the obl i gati ons and securi ti es menti oned i n the
presi di ng number;
4. Whi l e bei ng publ i c offi cers or empl oyees, shoul d commi t an
offense i n the exerci se of thei r functi ons; or
5. Shoul d commi t any of the cri mes agai nst nati onal securi ty and the
l aw of nati ons, defi ned i n Ti tl e One of Book Tw o of thi s Code .
3. It is specific and definite – criminal law must
give a strict definition of a specific act which
constitutes an offense. Where there is doubt as
to whether a definition embodies in the Revised
Penal Code applies to the accused or not, the
judge is obligate to decide the case in favor of
the accused. Criminal law must be construed
liberally in favor of the accused and strictly
against the state.
4. It is uniform in application – an act
describes as crime is a crime no matter
who commit it, wherever and whenever.
No exemptions must be made as to the
criminal liability. The definition of crime,
together with the corresponding
punishment, must be uniform.
5. It must be prospective (Prospective) –
Criminal law cannot make an act
punishable in a manner in which it was not
punishable when committed; it has no
retroactive effect.
Exception:
1. When a new statute dealing with the crime
established conditions more lenient or favorable
to the accused, it can be given a retroactive
effect.

Exemption to the Exception: if the accused is a

habitual delinquent
Habitual Delinquent –
If within a period of ten years from the
date of his release or last conviction of
the crime of slight or less serious
physical injury, robbery, theft, estafa, or
falsification, he is found guilty of any of
said crimes a third time or oftener
6. There must have a penal sanction or
punishment - penal sanction is the most
essential part of the definition of the crime. If
there is no penalty to a prohibited act, its
enforcement will be impossible. The penalty is
acting as deterrence, retribution and as a
measure of self-defense of the state to protect
society from the threat and wrong inflicted by
the criminal.
 THEORY OF LOGOMACY

a statement that we would have no crime

if we have no criminal law and that we
can eliminate crimes by merely abolishing
criminal law.
“Nullum crimen nulla poena sine lege”

“There is no crime if there is no law

punishing such act.”
Crime – defined as an act or omision in violation
of public law forbidding or commanding it.

Other Terminologies of crime

Felony – is act and omission punishable by the
revised penal code.
Offense – an act or omission punishable by
special laws
Misdemeanor – when it violated an ordinance.
LESSON TITLE: DESCRIBING THE
DIFFERENT APPROACHES IN THE
EXPLANATION OF CRIME

6
Lesson Objectives:
At the end of this lesson, the
students shall be able to:
1. Identify the different approaches
in explaining the existence of crime
; and
2. Exemplify the Criminal Etiology.
MAIN APPROACHES IN THE EXPLANATION OF CRIME :

1. Objective Approach: Criminal behavior is

explained in terms of factors extraneous to
the offender which are social, sociological,
cultural and economic.

2. Subjective Approach: Criminal behavior is

explained in terms of factors within criminal,
i.e. physical, biological and mental traits .
DIFFERENT APPROACHES IN THE EXPLANATION OF CRIME

1. Biological Approach: It proposes that

human beings commit crime because of
internal factors over which they have little
or no control.
2. Causal Approach: This is a study of the causal link
that exists between the defendant’s action and the
plaintiff’s injury. It is observation of facts in relation
to phenomenon of crime interpreting them in
relation to the possible causes of criminal behaviour.
A cause may be necessary or sufficient. If result B
invariably follows cause A without any other factors
being required, and cause A cannot be replaced by
any other alternative, then cause A is both sufficient
and necessary cause.
3. Deficient in Probity Approach: The
criminals deficient in probity, says Dr.
Maurice Parmellee, commit crimes against
property.
4. Descriptive Approach: It describes the
phenomenon of crime and those who
commit it. It covers all aspects such as
personal traits of criminal and the various
forms of criminal behaviour.
5. Organically Inferior human traits Approach :
This study was carried by Eavert A. Hootan and
William H. Sheldon. Hootan stated that criminals
are organically inferior. Hootan had studied
13,873 male criminals and 3023 persons of
control group. The study was conducted in
various American States. To Hootan the criminal
is and inadequately developed runty fellow,
while to Sheldon the criminal is husky and
athletic type fellow.
6. Economic Approach: It studies external
economic factors.
7. Endemic Approach: It studies those
factors that arise from local conditions or
belong to a particular period of the year,
or the specified area that make a man
criminal.
8. Environmental Approach: It seeks to
explain the phenomenon of criminal
behaviour with reference to factors
outside the personality of the delinquent.
9. Functional Psychosis Approach: As to
mental quality an offender is either normal
or abnormal. The Psychotics are of two
types, having psychosis of organic origin
and having psychosis of non-psychosis
origin or functional psychosis.
10. Organic Psychosis Approach: General paralysis of the insane
(Pati ents of thi s abnormali ty commi t offenses wi th astoni shi ng
openness and si lliness);
Traumati c psychosi s (Pati ents of thi s abnormali ty commi t cri mes of
vi olence);
Encephali ti s Lethargi c (Pati ents of thi s abnormali ty commi t cri mes
of explosi ve and sexual nature);
Seni le Dementi a (pati ents of thi s abnormali ty are of old age and
commi t varyi ng cri mes);
Epi lepsy (Pati ents of such abnormali ty commi t cri mes of sudden
vi olence).
Schi zophreni a (Pati ents of thi s abnormali ty suffer spli t -mi ndedness.
11. Heredity and Criminal Families
Approach: Studies were conducted by
Arthur Dugdale in the United States of
America on the Jukes (1877) and by Henry
Herbert Goddard on the Kallikaks (1912).
12. Individualistic Approach: It focuses its
attention on the biological, mental and
other characteristics of the offender to
explain the cause of his delinquent
behaviour.
13. Physiological Approach: It is an
approach to criminology made by
endocrinologists who found that glandular
malfunctioning caused the delinquent
behaviour.
14. Social Approach: Man may live in
isolation but generally he lives in society.
15. Therapeutic Approach: This approach
is of recent origin. It considers the criminal
as a victim of circumstances and a
product of various factors within the
criminal and the society.
16. Twin Research Approach: Violent due
to environmental influences as prejudices
of honor, politics and religion, approach
LESSON TITLE: COMPARING THE
DIFFERENT SCHOOLS OF THOUGHT IN
CRIMINOLOGY

7
Lesson Objectives:
At the end of this lesson, the students
shall be able to:
1. Identify the contributions of the
different schools of thought in
Criminology; and
2. Familiarize the pioneer(s) of each
school.
SCHOOLS OF THOUGHT IN
CRIMINOLOGY
 1. CLASSICAL SCHOOL OF THOUGHT
Cesare, Marquis of
Beccaria- Bonesana (1738-
1794)
- Italian philosopher and
politician
- Founder of Classical
School of Thought
together with Jeremy
Bentham
- Known in his essay entitled
Crimes and Punishment Cesare Beccaria
 KEY POINTS ON HIS ESSAY ON
CRIMES AND PUNISHMENTS
Only the law can prescribe punishment.
The law must be applied equally to all people.
Making the law and law enforcement public.
Punishment must be proportional to the harm
the crime has caused.
Punishment should be certain and swift.
He argued against death penalty.
“ So that any punishment be not an act of violence of
one or of many against another, it is essential that it
be public, prompt, necessary, minimal in severity as
possible under given circumstances, proportional to
the crime and precribed by the laws.

Cesare Beccaria – “On Crimes and Punishments”

Jeremy Bentham (1748-1832)
- English jurist, philosopher,
and legal and social reformer
- Advocate Utilitarianism
- The principle of utility:
“Greatest happiness for the
greatest number of people”
- Felicity or hedonistic calculus
 CLASSICAL SCHOOL OF THOUGHT
Pioneered by Cesare Beccaria and Jeremy Bentham
The two primary doctrines are:
 Freewill by Cesare Beccaria, which stated that man, is
entirely unrestricted in his ability to choose between
good and evil or man has the capacity to choose what
is right and what is wrong.
 Hedonism that was introduced by Jeremy Bentham. A
philosophy where people choose pleasure and avoid
pain.
 “Let the punishment fits the crime .”
 2. NEO-CLASSICAL SCHOOL

This school maintained that while

classical doctrine was correct in general,
some of its detail should be modified to
include:
Children and lunatics should not be
regarded as criminal; hence they are
free from punishment.
 2. POSITIVIST SCHOOL OF THOUGHT

Cesare Lombroso (1835-

1909)
-Father of Criminology
- Born Criminal
His theor y of Born Criminal states that criminals are a
lower form of life, nearer to their apelike ancestors
than non-criminal in traits
and disposition. They are
distinguishable from
non-criminals by various
atavistic stigmata-
physical features of
creatures at an earlier
stage of development.
 Atavistic stigmata, includes the following,
protruding jaw, drooping eyes, large ears,
twisted and flattish nose, long arms
relative to the lower limbs and sloping
shoulders,
 THREE T YPES OF CRIMINALS BY LOMBROSO

 Atavistic- these criminals are those considered

born criminals.
 Insane Criminals- these refers to people who
became criminals due to alcoholism,
kleptomaniacs, nymphomaniacs, and child
molesters.
 Criminaloid- these criminals refer to those
categorized as “habitual criminals”, “juridical
criminals”, and “criminal by passion”
Raffaele Garofalo (1851-1934)

An Italian nobleman,
magistrate, senator, and
professor of law who rejected
the classical principle that
punishment should fit the
crime, arguing instead that it
should fit the criminal.
He traced the roots of
criminal behavior which is not
in physical features but to
their psychological
equivalents, which he called
“moral anomalies.”
Enrico Ferri
Lombroso’s best associate;
argued that criminals should
not be held morally responsible
for their crimes, because they
did not choose to commit
crimes rather, were driven to
commit crimes due to
economic, social and political
factors (moral responsibility).
 POSITIVIST SCHOOL OF THOUGHT
 Founded by Cesare Lombroso, Enrico Ferri, and
Raffaele Garofalo
 This school promoted the Doctrine of Determinism
which stated that man’s choices, decisions and
actions are decided by antecedent causes,
inherited or environmental, acting upon his
character.
 Emphasized on the scientific treatment of the
criminal, not on the penalties.
 “Let the treatment fits the criminal.”
END