02A LESSON PROPER FOR WEEK 2

CONCEPT OF CRIME AND HISTORICAL SETTING IN CRIMINOLOGY

CRIME DEFINED
Crime is a generic term which refer to all acts that violate law. According to
the Philippine law dictionary.
Crime is an act committed or omitted in violation of the public law forbidding or
commanding it.
Crime is also defined as an act that violates the law of the nation.

SUB-CLASSIFICATION OF CRIMES
FELONY-an act or omission punishable by law which is committed by
means of dolo (deceit) or culpa (fault) and punishable under the Revised
Penal Code
OFFENSE-an act or omission in violation of a special law
INFRACTION-an act or omission in violation of a city or municipal
ordinance.
ELEMENTS OF A FELONY
1. There must be an act or omission;
Act = any bodily movement tending to produce some effect in the external
world. It must be external as internal acts are beyond the sphere of penal
law.
Omission = inaction, failure to perform a positive duty, which one is
bound to do.
2. The act or omission must be punishable by the RPC. (“Nullum crimen
nulla poena sine lege” - “there is no crime where there is no law
punishing it”).
3. The act is performed or the omission is incurred, by means of Malice
or Deceit (dolo) or Fault (culpa).

FELONIES ACCORDING TO THE MEANS BY WHICH THEY ARE

COMMITTED:
1. Intentional Felonies – the act is performed or the omission is incurred with
deliberate intent or malice to do an injury.
Requisites of DECEIT (dolo) or MALICE: (FII)
 Freedom = voluntariness on the part of the person to commit the act or
omission.
Intelligence = capacity to know and understand the consequence of one’s
act.
Intent (Criminal) = the purpose is to use a particular means to effect such
result. Intent to commit an act with malice being purely a mental process is
presumed. Such presumption arises from the proof of commission of an
unlawful act. A mental Process, hence its existence is shown by overt acts.
2. Culpable Felonies – performed without malice
Requisites of FAULT (culpa): (FIN)
1. Freedom;
2. Intelligence;
3. Negligence, Imprudence, lack of foresight, or lack of skill.
Negligence = indicates deficiency of perception; failure to pay proper
attention and to use diligence in foreseeing the injury or damage
impending to be caused. Usually involves lack of foresight.
Imprudence = indicates deficiency of action: failure to take the
necessary precautions to avoid injury to person or damages to property.
Usually involves lack of skill.
Reason for punishing acts of negligence: A man must use common
sense and exercise due reflection in all his acts; it is his duty to be
cautious, careful and prudent.
CRIMES OF MISTAKE
el que es causa de la causa es causa del mal causado- he who is the
cause of the cause is the cause of the evil caused
Error in personae – mistake in the identity of the victim.
Abberatio ictus – mistake in the blow thereby hitting a different and/or
another victim.
Praeter intentionem – injuries result is greater than that intended.
LEGAL CLASSIFICATION OF CRIMES
1) as to the manner crimes are committed:
by means of dolo or deceit - when the act was done with deliberate intent.
by means of culpa or fault-when the wrongful act results from imprudence,
negligence, lack of foresight or lack of skill.
2) as to the stages in the commission of crimes:
 Consummated crime – when all the elements necessary for its execution
and accomplishment are present

Frustrated crime – when the offender has performed all the acts of execution
which will produce the felony as a consequence but which nevertheless do
not produce it, by reason of causes independent of the will of the perpetrator
Attempted crime - when the offender commences the commission of a
crime directly by overt acts and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance
3) according to plurality of crime:
simple crime – single act constituting only one offense
Ex. Theft, Robbery, Homicide, Murder, Libel
complex crime – single act constituting two or more grave felonies
(compound crime) or an is a necessary means for committing the other
(complex crime proper).
Ex. Robbery with Homicide, Rape with homicide, Arson resulting in
death and damage to property.
4) according to gravity:
grave felonies – those to which the law attaches the capital punishment
or afflictive penalties
less grave felonies – those to which the law attaches correctional
penalties
light felonies – those to which the law attaches the penalty of arresto
menor or a fine not exceeding P200.00
CRIMINOLOGICAL CLASSIFICATION OF CRIMES
The criminological classification of crimes are categorized according to
the result of the crime, to the time and period of the commission, to the
length of time of the commission, to the place or location to the type of
offender and to the use of mental faculties.
CLASSIFICATION OF CRIME:
simple crime – when a single act constitutes one offense
complex crime – when a single act constitutes two or more grave felonies
and one offense is a necessary means for committing the other
acquisitive – when the offender acquires something as consequence of
his criminal act
extinctive – when the end result of the act is destructive
 seasonal – those committed only during certain period of the year
situational – when a given situation is conducive to its commission
instant – committed in the shortest possible time
episodial – committed by a series of act in a longer space in time
static – committed in one place
continuing – committed in several places
rational – with intent and offender is in full control of his sanity
irrational – committed by persons who do not know the nature and quality
of their actions on account of the disease of the mind
white collar crime – committed by persons of high respectability and of
upper socio-economic class, whose offenses are committed in the course
of their occupational activities
blue-collar crime – committed by ordinary professional criminal only to
maintain their livelihood.

Crime Typology
Crime typology – refers to the type of a particular crime category. And, they
are categorized as follows:
violent crimes – where violence is applied, such as rape, assault, homicide,
robbery, etc.
economic crimes – acts in violation of criminal law, designed to bring
financial reward to the doer (e.g. theft, burglary, fraud cases, white-collar
crime and blue-collar crime)
White-collar crime – a crime committed by a person of high respectability
and economic status. The unlawful acts are usually committed in the
course of their occupations
Organized crime – primarily done for economic gain through illegitimate
means (e.g. prostitution, gambling, prohibited drugs.)
Public Order crime – or “victimless crime” are unlawful acts that
interfere with the operation of society and the ability of people to function
efficiency. It is called “victimless crime” because there is no complaining
victim (e.g. prostitution, drug addiction, pornography, gambling,
alcoholism, and sexual deviant acts.)

Factors that Enhances Criminality:

Criminal demography – study of the relationship between criminality and
population
 Criminal epidiomology – study of the relationship between criminality
and environment
Criminal ecology – study of criminality in relation to the spatial
distribution of crime in the community
Criminal physical anthropology – study of criminality in relation to the
physical constitution of man
Criminal psychology – study of human behavior in relation to crimes
Criminal psychiatry – study of human mind in relation to crimes
Victimology – the role of the victim in the commission of crime

HISTORICAL SETTING OF CRIMINOLOGY

The history of criminology dates back from the works of criminological thinkers
or theorists in criminology. The origins of criminology are usually located in
the late-eighteenth-century writings of those who sought to reform criminal
justice and penal systems that they perceived as cruel, inhumane, and
arbitrary. These old systems applied the law unequally, were subject to great
corruption, and often used torture and the death penalty indiscriminately. A
timeline is hereby presented below for a better portrayal of criminology in the
past to the present times:
ESTIMATED
THEORY BASIS MOTIVE
DATE
5000BC-
Demonology Demonic Influence
1692AD
1642-present Education Academic under achievement
Subconscious guilt/ Defense
1895-present Psychoanalysis
mechanism
Classical school of
1690s Free will/ reason, hedonism
criminology
Positive school of Determinism, beyond control of
1840s
criminology individual
1770-1875 Prenology Bumps on head
1800-present Cartography Geographic location, climate
1908-present Sociology Socio environmental factors
Conflict of customs from “old”
1938-1980 Culture conflict
country
1939-present Differential association Learning from bad companions
19621-1971 Containment Outer temptation – inner
 resistance balance
1961-present Control theory Weak social bonds
Anger, relative deprivation,
1954-present Strain theory
inequality
Self- fulfilling prophecies/ name
1963-1976 Labelling theory
calling
Self- talk, excuses before
1957-1990 Neutralization
behaviour

Pre-Classical Beginning
The theoretical dimension of criminology has a long history and ideas about
the causes of crime can be found in philosophical thought over two thousand
years ago. For example, in Politics, Plato's student, Aristotle (384-322 B.C.),
stated that "poverty engenders rebellion and crime (Quinney 1970)." Religious
scholars focused on causes as diverse as natural human need, deadly sins,
and the corrupting influence of Satan and other demons.
Classical Period
The leading theorists in criminology history started with the advocates of this
classical school of criminology, the Italian Cesare Beccaria (1738-94), argued
that the law must apply equally to all, and that punishments for specific crimes
should be standardized by legislatures, thus avoiding judicial abuses of power.
Both Beccaria and another classical theorist, the Englishman Jeremy
Bentham (1748- 1832), argued that people are rational beings who exercise
free will in making choices.
Neo-Classical Era
Criminologists of the early nineteenth cent century argued that legal
punishments that had been created under the guidance of the classical school
did not sufficiently consider the widely varying Circumstances of those who
found themselves in the gears of the gears of the criminal justice system.

Accordingly, they proposed that those who could not distinguish right from
wrong particularly children and mentally ill persons, should be exempted from
the punishments that were normally meted out to mentally capable adults who
had adults who had the same crimes. Along with the contributions of a later
generation of criminologists. known as the positivists, such writers argued that
the punishment should fit the criminal, not the crime.
Positivist Determinism
Later in the nineteenth century, the positivist school of criminology brought a
scientific approach to criminology, including findings from biology and
medicine. The leading figure of this school was the Italian Cesare Lombroso
(1836-1909). Influenced by Charles R. Darwin's theory of evolution, Lombroso
measured the physical features of prison inmates and concluded that criminal
behavior correlated with specific bodily characteristics, particularly cranial,
skeletal, and neurological malformations. According to Lombroso, biology
created a criminal class among the human population.
Cartographic school of Thought
Other late-nineteenth-century developments in criminology included the work
of statisticians in the cartographic school, who analyzed data on population
and crime. These included Lambert Adolphe Quetelet, (1796- 1874) of France
and André Michel Guerry, of Belgium. Both of these researchers compiled
detailed, statistical information relating to crime and also attempted to identify
the circumstances that predisposed people to commit crimes. Socialist
Criminology The writings of French sociologist Emile Durkheim (1858-1917)
also exerted a great influence on criminology. Durkheim advanced the
hypothesis that criminal behavior is a normal part of all societies.
No society, he argued, can ever have complete uniformity of moral
consciousness. All societies must permit some deviancy, including criminal
deviancy, or they will stagnate.
He saw the criminal as an acceptable human being and one of the prices that
a society pays for freedom. Durkheim also theorized about the ways in which
modern, industrial societies differ from nonindustrial ones. Industrial societies
are not as effective at producing what Durkheim called a collective conscience
that effectively controls the behavior of individuals. Individuals in industrial in
societies are more likely to exhibit what Durkheim called anomie - a Greek
word meaning "without norms".
Consequently, modern societies have had to develop specialized laws and
criminal justice systems that were not necessary in early societies to control
behavior.
 02A LESSON PROPER FOR WEEK 3

APPROACHES IN THE STUDY OF CRIMINOLOGY

Subjective Approaches
It deals mainly on the biological explanation of crimes, focused on the
forms of abnormalities that exist in the individual criminal before, during and
after the commission of the crime. Included under this approach are:
a. Anthropological Approach - the study of the physical characteristics of an
individual offender with non-offenders in the attempt to discover differences
covering criminal behavior (Hooton).
b. Medical Approach the application of medical examinations on the
individual criminal explain the mental and physical condition of the individual
prior and after the commission of the crime (Positivist).
C. Biological Approach -the evaluation of genetic influences on criminal
behavior. It is noted that heredity is one force pushing the criminal to the
crime (Positivist).
d. Physiological Approach - the study of the nature of human beings
concerning his physical needs in order to satisfy his ants. It explains that the
deprivation of the physical body on the basic needs is an important determiner
of the commission of the crime (Maslow).
e. Psychological Approach -it is Concerned about the deprivation of the
psychological needs of man, which constitute the development of deviations
of normal behavior resulting to unpleasant emotions (Freud, Maslow).
f. Psychiatric Approach - the explanation of crime through diagnosis of
mental diseases as a cause of the criminal behavior (Positivist).
g. Psychoanalytical Approach - the explanation of crimes based on the
Freudian Theory, which traces behavior as the deviation of the repression of
the basic drives (Freud).

Objective Approaches
The objective approaches deal with the study of groups, Social
processes and institutions as influences to behavior. They are primarily
derived from the social sciences. Under these approaches are:
a. Geographic Approach this approach considers topography, natural
resources, geographical location, and climate lead an individual to commit
crime (Quetelet).
b. Ecological Approach it is concerned with the biotic grouping of men
resulting in migration, competition, social discrimination, division of labor and
social conflict as factors of crime (Park).
c. Economic Approach it deals with the explanation of crime concerning
financial security of inadequacy and other necessities to support life as factors
to criminality (Merton).
d. Socio Cultural Approach - those that focus on institutions, economic,
financial, education, political, and religious influences to Crime Cohen).

Contemporary Approaches
Modern days put emphasis on scientific modes of explaining crime and
criminal behavior. This approach focuses on the psychoanalytical, psychiatric,
sociological explanations of crime in an integrated theory an explanatory
perspective that merges concepts drawn from different sources (Schmalleger,
2015).

THE EARLY BEGINNINGS

Demonological Theory
Before the development of more scientific theories of criminal behavior,
one of the most popular explanations was Demonology. According to this
explanation individuals were thought to be possessed by good or evil spirits,
which caused good or evil behavior, The theory maintains that criminal
behavior was believed to be the result of evil spirits and demons something of
natural force that controls his/her behavior. Centuries ago, Guilt and
innocence were established by a variety of procedures that presumably called
forth the supernatural allies of the accused. The accused were innocent if they
could survive an ordeal, or if miraculous signs appeared. They were guilty if
they died at stake, or if omens were associated with them (Bartol, 1995).
Harsh punishments were also given.

PRE-TWENTIETH CENTURY (18th C -1738 1798)

In the eighteenth century, criminological literature, whether
psychological, sociological, or psychiatric in bent, has traditionally been
divided into three broad schools of thought about the causes of crime: the
classical, neo-classical and the positivist schools of criminology.

THE CLASSICAL SCHOOL

The Classical "School" of Criminology is a broad label for a group of
thinkers of crime and punishment in the 18th and early 19th centuries. Its
most prominent members, Cesare Beccaria and Jeremy Bentham, shared the
idea that criminal behavior could be understood and controlled as an outcome
of a "human nature" shared by all of us. Human beings believed to be
hedonistic, acting in terms of their own self-interest, but rational, capable of
considering which course of action was really in their self- interest. A well-
ordered state, therefore, self would construct laws and punishments in such a
way that people would understand peaceful and non-criminal actions to be in
their self-interest through strategies of punishment based on deterrence.
Major Principles of the Classical School
Most Classical theories of crime causation make certain basic assumptions.
Among them are:
Human beings are fundamentally rational, and most human behavior is the
result of free will coupled with rational choice.
Pain and pleasure are the two central determinants of human behavior.
Punishment, a necessary evil, is sometimes required to deter law violators
and to serve as an example to others who would also violate the law.
The root principles of right and wrong are inherent in the nature of things,
and cannot be denied.
Society exists to provide benefits to individuals which they would not
receive in isolation.
When men and women band together for the protection offered by society,
they forfeit some of the benefits which accrue from living in isolation.
Certain key rights of individuals are inherent in the nature of things, and
governments which a contravene those rights should be disbanded.
Crime disparages the quality of the bond that exists between individuals
and society, and is therefore an immoral form of behavior.

Reformation of Law
The classical school considered in its thoughts the reformation of the
system of law. It was seen that its mechanisms of enforcement and the forms
of punishment used in the eighteenth century were primitive and inconsistent.
Judges were not professionally trained so many of their decisions were
unsatisfactory being the product of incompetence, capriciousness, corruption
or political manipulation. The use of torture to extract confessions and a wide
range of cruel punishments such as whipping, mutilation and public
executions were commonplace. A need for legal rationality and fairness was
identified and found an audience among the emerging middle classes whose
economic interests lay in providing better systems for supporting national and
international trade.
PIONEERS OF THE CLASSICAL SCHOOL
CESARE BECCARIA was an Italian philosopher and economist best
known for his treatise On Crimes and Punishments. He was born on March
15, 1738 in Milan Italy. He received a Jesuit education, and achieved his
degree in 1758. His essay, On Crimes and Punishments was published
in 1764. The essay had a great success and practical impact in many
countries on the principles of penal reforms and human rights as it discussed
issues, government (crime and human rights) that were being widely
expressed at that time, and was written in a manner that was both to the point
and clearly understood.
Beccaria died in 1794 but he is remembered today as a father of the
classical criminal theory, and as a literally champion of the
cause of humanity. His treatise, "On Crimes and Punishments" had a large
and lasting impact on the American Constitution, the Bill of Rights which
subsequently influenced our own criminal justice system.

Beccaria's Theory
There are three main points in which Beccaria's theory rests. They are:
a. Freewill - Beccaria, like other classical theorist, believe that all individuals
have freewill and make choices on that freewill.
b. Rationality - which means that all individuals rationally look out for their
own personal satisfaction. This is key to the relationship between laws and
crime. While individuals will rationally look for their best interest, and this
might entail deviant acts and the law, which goal is to preserve the social
contract, will try to stop deviant acts.
c. Manipulability - which means that universally shared human motive of
rational self-interest makes human action predictable and controllable.

On the Reformation of Criminal Law

Beccaria gave many examples of how the system should work. He
gives the particular principles that a just government would use to maintain
the security of the society. He discussed about arrests, court hearings,
detention, prison, death penalty, specific crimes and crime prevention. Some
rules that he proposed are:
1. Laws must be set by legislators
2. Legislators cannot judge persons
3. Judges in criminal cases cannot interpret the laws, laws must be clear and
in need of no interpretation
4. Offenders must be judged by its peers (half of the victim half of the criminal)
5. Right of the criminal to refuse some jurors
6. No secret accusation by government
7. Judges should be an impartial searcher of truths and judges should not
become part of the treasury so that they do not look into criminals to make
money.
He also stressed the importance of laws being clear and known
because a rational person cannot make a rational choice not to commit an act
if he or she does not know that the act is prohibited. He stated that, "when the
number of those who can understand the sacred code of laws and hold it in
their hands increases, the frequency of crimes will be found to decrease, for
undoubtedly ignorance and uncertainly of punishments add much to the
eloquence of the passions".
On the Principles of Human Rights
Beccaria gave rules and principles for the rights of the offender once
arrested. Some of these include:
1. Imprisonment before conviction is important and accepted; certainty is
demanded if they deserve punishment.
2. Laws should forbid leading or suggestive questions during trial.
3. No torture to receive a confession and the right for the criminal to defend
himself if certainty is found, but not so long as to make the punishment not
prompt.
4. If an individual is going to be imprisoned before the trial the offenders of
harsh crimes should be have less time in trial but more time in prison if found
guilty.
5. If an individual is imprisoned for a less harsh crime, they should be afforded
longer time in trial but less time in prison after found guilty. This is because
the offender of the harsh crime is more likely to be found not guilty, and thus
the time imprisoned while in trial should be minimized.

On the Principles of Punishment

Beccaria had many things to write concerning the principles of
punishment once an individual is found guilty of committing a crime. The two
main principles for to be effective must be certain and prompt. He stated that,
"the certainty of a punishment, even if it be moderate, will always make a
stronger impression than the fear of another which is more terrible but
combined with the hope of impunity". To build the connection between the
crime and punishment it is essential that the punishment is prompt, "the more
promptly and the more closely punishment follow upon the commission of a
crime, the more just and useful will it be".
Other principles of punishments are written in the treatise are:
1. There should be a set amount of incarceration for each crime
2. Individuals should be punished for attempting to commit a crime
3. Accomplices working together on a crime should be punished equally,
harsher the crime the harsher the punishment
4. Crimes against persons should be corporal and crimes of theft should be
fine.
Beccaria wrote a short chapter in his "On Crimes and Punishment" on
preventing crime because he thought that preventing crime was better than
punishing them. He gave nine principles that need to be in place in order to
effectively prevent crime. To prevent crime a society must:
I. make sure laws are clear and simple
2. make sure that the entire nation is united in defense
3. laws not against classes of men, but of men
4. men must fear laws and nothing else
5. certainty of outcome of crime
6. member of society must have knowledge because enlightenment
accompanies liberty
7. reward virtue
8. perfect education
9. direct the interest of the magistracy as a whole to observe the law rather
than corruption of the laws.
JEREMY BENTHAM was an English philosopher and lawyer best known for
the theory of Utilitarianism. Thus, given the fame as "Father of Utilitarianism".
He was born in London on February 15, 1748 and lived at Queen's Square
Place in Westminster.
The Theory of Utilitarianism is a philosophy which states that a moral act is
one which produces the greatest happiness for the greatest number of people.
He outlined this theory in his 1789 work, Introduction to the Principles of
Morals and Legislation. Jeremy Bentham was a serious reader in literature
and studies Latin and French before he took up law at the University of Oxford.
He did not practice as a lawyer but instead worked on a thorough reform
of the legal system and on a general theory of law and morality. He published
short works on aspects of his thought and his books include Fragment on
Government (1776) and Introduction to the Principles of Morals and
Legislation (1789).

Positivist School of Criminology

Charles Darwin's Origin of Species (1859) was the turning point, which
allowed a new generation of criminologists to challenge the classical school of
criminology.
Positivism argues that people do not choose freely to commit crime, rather
factors beyond their control are responsible for the criminal behavior.
Positivism is composed of three types:
1. Biological determinism
2. Psychological determinism
3. Sociological determinism
The term “positivism”, refers to a method of analysis based on the
collection of observable scientific facts.
Positivism is the basis of most natural sciences, and positivist criminology
is the application of science to the study of people to come up with facts.
It demand for facts and scientific proof.
LEADING PERSONALITIES:
Cesare Lombroso
FATHER OF MODERN CRIMINOLOGY due to his application of modern
scientific methods to trace criminal behavior, however, most of his ideas is
now discredited.
He claimed that criminals are distinguishable from non-criminals due to the
presence of atavistic stigmata – the physical features of creatures at an earlier
stage of development.
he asserted that crimes are committed by those who are born with certain
recognizable hereditary traits present at birth.
According to his theory criminals are usually in possession of: huge jaws
and strong canine teeth, the arm span of criminals is often greater than
their height, just like that of apes that use their forearms to push
themselves along the ground.

3 Classes of Criminals (BIC)

born criminals – individuals with at least five (5) atavistic stigmata
insane criminals – those who are not criminals by birth; they become
criminals as a result of some changes in their brains which interfere with
their ability to distinguish between right and wrong
criminaloids - those with make up of an ambiguous group that includes
habitual criminals, criminals by passion and other diverse types
THE (UN) HOLY THREE OF CRIMINOLOGY
There is another school referred to as the Italian school of criminology. It is
composed of three most important Italian criminologist in history. They
were Cesare Lombroso, Enrico Ferri and Raffael Garofalo. Because of
their contribution in the progression of positivist ideas, they are called the
“Holly Three of Criminology”
 02A LESSON PROPER FOR WEEK 4

THEORIES OF CRIME 20TH CENTURY

EARLY 20TH CENTURY

This is the period of Psychological Criminology and the Rise of the
Sociological Perspectives on crime and criminals. This era was a shift of the
blame for crimes on human behavior and the social and environmental
circumstances.
An Austrian neurologist and psychiatrist born in May 6, 1856 and died in
September 23, 1939 who founded the Psychoanalytic School of Psychology.
In criminology, he is best known for his Psychoanalytic Theory.

The Psychoanalytic criminology is a method of studying crime and criminal

behavior that draws from psychoanalysis theory of Freud. It examines the
personality and the psyche of a person (particularly the unconscious) for
motive in crime. Other areas of interest in this perspective are the fear of
crime and the act of punishment. According to this theory, criminal behavior is
attributed to maladjustment and dysfunctional personality.
Psychoanalysis is used to refer to many aspects of Freud's work and
research, including Freudian therapy and the research methodology he used
to develop his theories. Freud relied heavily upon his observations and case
studies of his patients when he formed his theory of personality development.
According to Freud’s psychodynamic theory, the human mind performs three
separate functions:
1. the CONSCIOUS Mind – that part of the mind that people are most
aware of; it contains sensations and thoughts like hunger, thirst, and
desire
2. the PRECONSCIOUS Mind – holds elements of experiences that are
out of our awareness but can be brought back to our consciousness at
any given time through memories and experiences, like love, fear, hatred
and even dreams and other feelings experienced before.
3. the UNCONSCIOUS Mind – contains biological desires and urges
that cannot be readily experienced as thoughts. These are hold feelings
about sex and hostilities, which individuals keep below the surface of
consciousness by process called repression.
Psychodynamic theory also reveal that man’s personality has a three-
part structure
1. ID – the most primitive part which is present at birth, representing
unconscious biological drives for sex, food, and other life-sustaining
necessities. ID follows the PLEASURE Principle, which requires instant
gratification and has no concern for the rights of others.
2. EGO – compensates for the demands of the ID by helping the
individual guide his actions to remain within the boundaries of social
convention. The EGO is guided by the REALITY principle, which takes
into account what is practical and conventional by social structures.
3. SUPEREGO – develops as a result of incorporating within the
personality the moral standards and values of parents, church, religion,
community, school and significant others. The superego is divided into
two parts: the conscience which tells us what is right and wrong; and it
forces the ego to control the id and directs people into morally acceptable
and responsible behaviors, which may not be pleasurable and illegal;
and the other part is the ego which refers to the person’s idealized self-
image.

EMILE DURKHEIM- a French sociologist, born in France 1858. According to

him, crime is part of human nature because it has existed during periods of
both poverty and prosperity. Crime is normal because it is virtually impossible
to imagine a society in which criminal behavior is totally absent. He believed
that the inevitability of crime is linked to the differences (heterogeneity) within
society. He also argued that crime can be useful and on occasion, even
healthy for society. He held that existence of crime paves the way for social
change and social structure is not rigid or inflexible. A rising crime rate can
signal the need for social change and promote a variety of programs designed
to relieve the human suffering that may have caused crime in the first place.

ROBERT EZRA PARK was an American sociologist, born on February 14,

1864, Pennsylvania. He is a major contributor in the field of American
sociology; however, he is best known for his Human Ecology Theory.
Human Ecology Theory is the study of the Inter-relationship of people and
their environment, a way of looking at the interactions of humans with their
environments and considering this relationship as a system. The biological,
social, and physical aspects of the people
are considered within the context of their environments. In this context, the
human created environments affect our behavior, and how individuals and
families in turn, influence these environments. Thus, in this perspective, the
person and the environment are viewed as being interconnected in an active
process of mutual influence and change.
EDWIN H. SUTHERLAND was an American Sociologist, born on August 13,
1883, Nebraska, United States, and died in 1950. He is best known for his
Differential Association Theory (DAT) and for defining white-collar crimes.
Sutherland has been referred to as "the most important criminologist of the
twentieth century” because his explanation about crime and criminal behavior
can be seen as a corrected extension of social perspective. For this reason,
he was famous as the "Dean of Modern Criminology".
Differential Association Theory Refers to the way we respond to any given
situation, depends on the culture in which we have been reared. In other
words, to a very large extend the social influences that people encounter
determine their behavior. Whether a person becomes law-abiding or law
violator, depends on contacts with criminal values, attitudes, principles, and
behavior patterns. This theory is one of the most important theories of crime
causation in the field of Criminology.

ERNEST W. BURGESS was an American Sociologist, born on May 16, 1886

in Tilbury, Ontario and died December 27, 1966. He was educated at
Kingfisher College in Oklahoma and took graduate studies in sociology at the
University of Chicago and became one of the prominent contributor as Urban
Sociologist at the university. He collaborated with sociologist. Robert Ezra
Park and came out with Introduction to the Science of Sociology, which
became one of the most influential sociology books, even referred as the
"Bible of Sociology".

ERNEST KRETSCHMER was a German Psychiatrist, born on October 8,

1888, in West Germany. He served as director of the neurological clinic of the
University of Marburg (1926-46) and became the Director of the neurological
clinic of the University of Tubingen, Germany, in 1946. He became popular in
the field of criminology for his work on body physique and character in 1925,
which advanced the theory that certain mental disorders were more common
among people of specific physical types. The idea of somatotyping was
originated from his work, who distinguished three principal types of physique
as:
1. Asthenic - lean, slightly built, narrow shoulders
2. Athletic - medium to tall, strong, muscular, course bones
3. Pyknic - medium height, rounded figure, massive neck, broad face
He suggested that the lanky asthenic, and to a lesser degree the athletic
types, were more prone to schizophrenia, while the pyknic types were more
likely to develop manic-depressive disorders. According to him, pyknic
persons are friendly and interpersonally dependent (manic types). The thin
physique is associated with introversion and timidity (withdrawn types).
MIDDLE TWENTIETH CENTURY

EARNEST A. HOOTON was a Physical anthropologist, born on November 20,

1887 in, Wisconsin, United States. As a physical anthropologist, he began his
tenure at Harvard University in 1930, and eventually became a highly
respected professor. He taught and published at Harvard until his death in
1954.
Although not a criminologist, he is popularly known in the field of criminology
for his Criminal Physical Inferiority Theory. The underpinnings of his ideas
concerning the physical inferiority of criminals The are reflected in one of his
earlier works, "The Asymmetrical Character of Human Evolution," in which he
argues that human development has not been uniform, but rather that some
traits have developed differently for different subsets of people. It was his
anthropological background which led him to the study of criminals and
criminal behavior as linked to physically inherited characteristics.

WILLIAM H. SHELDON was an American psychologist, born on November

19, 1898, Rhode Island, United States. He was best known for his theory
associating physique, as personality, and crime or delinquency known
as Somatotyping Theory outlined in his book The Varieties of Human
Physique, published in 1940.
He likewise studied SOMATOTYPE and came up with a theory that establish
a link between different body types and criminality categorizing them into
three groups together with their corresponding temperament;
Classification of Body Physique by Sheldon

Type Temperament/Behavior

Endomorphic – short Viscerotonic –

limbs, roundness of generally relaxed,
body and small bones loves comfort and an
extrovert
Mesomorphic – Romotic – active,
muscular, lean, strong dynamic, aggressive,
hands and body and most likely to
 become criminal
Ectomorphic – lean, Cerebrotonic – loner,
sickly, small body and sensitive to noise,
predominance of skin hates crowd but the
most intelligent
WALTER C. RECKLESS was an American Sociologist and Criminologists.
He was born on January 19, 1899 in Philadelphia, Pennsylvania, U.S. and
died on September 20, 1988. He is popularly known for his Containment
Theory of Delinquency, in his Juvenile Delinquency, which was published
1932.

Containment Theory is a broad analysis of the relationship between

personal and social controls. This theory is a form of control, which
suggests that a series of both internal and external factors contributes to
criminal behavior (Schmalleger, 1998). The theory assumes that for every
individual there exists a containing external structure and a protective internal
structure, both of which provide defense, protection or insulation against crime
or delinquency.
In this theory, Reckless argued that there are inner and outer forces of
containment that restrain a person from committing a crime: the inner forces
stem from moral and religious beliefs as well as from a personal sense of right
and wrong while the outer who forces come from family members, teachers,
or others who influence the individual to some degree. The effectiveness of
containment forces can be influenced by external factors such as effective
supervision and internal factors such as a good self-concept.
LATE 20th CENTURY: CONTEMPORARY PIONEERS

ROBERT K. MERTON - An American Sociologist, born on July 4, 1910 in

Philadelphia, Pennsylvania. He published a several works that broadened the
realms of sociology and helped develop new genres of study within the field
such as crime and deviance related research.
He is considered the premier sociologist of the modern days who, after
Durkheim, also related the crime problem to anomie. According to
Merton, anomie can be separated into two specific categories: macroside -
caused when society fails to establish clear limits on goals and is unable to
regulate the conduct of members in the society and microside more
commonly referred to as strain, stresses its attention towards the breakdown
of society and the increase in deviance associated with this declining change
that produces a stronger pressure among members of society to commit
crimes.

ALBERT K. COHEN was an advocate of the Sub-Culture Theory of

Delinquency. He published Delinquent Boys: The Culture of the Gangs in
1955. He claims that the lower class cannot socialize effectively as the middle
class in what is considered appropriate middle-class behavior. Thus, the lower
class gathered to together share their common problems, forming a
subculture that rejects middle class values. Cohen called this process as
reaction formation. Much of this behavior comes to be called delinquent
behavior; the subculture is called a gang while the kids are delinquents. He
put emphasis on the explanation of prevalence, origins, process and purposes
as factors to crime.

GRESHAM SYKES -Advocated the Neutralization Theory. This theory

maintains that an individual will obey or disobey societal rules depending
upon his or her ability to rationalize whether he is protected from hurt or
destruction. People become law abiding if they feel they are benefited by it
and they violate it if these laws are not favorable to them.

LLOYD OHLIN (1928)-The proponent of the Differential Opportunity

Theory. This theory explained that society leads the lower class to want
things and society does things to people. He claimed that there is differential
opportunity, or access, to success goals by both legitimate and illegitimate
means depending on the specific location of the individual within the social
structure. Thus, lower class groups are provided with greater opportunities for
the acquisition of deviant acts.

EARL RICHARD QUINNEY Advocated the Instrumentalist Theory, a

Marxist capitalist rule idea. He argued that the state exists as a device for
controlling the exploited class - the class that labors for the benefit of the
ruling class. He claims that upper classes create laws that protect their
interest and the same time the unwanted behavior of all other members of
society. Quinney's major contribution is that he proposed the shift in focus
from looking for the causes of crime from the individual to the examination of
the Criminal Justice System for clues.

TRAVIS HIRSCHI Advocated the Social Control Theory. Specifically, in

his Causes of Delinquency, published in 1969, he explained the Social Bond
Theory. He argued that delinquency can be explained by the absence of
social bonds such as and social attachments (e.g., to parents, teachers, and
peers), involvement in conventional activities, acceptance of social norms
(such as the norm that criminal acts should be avoided), and recognition of
the moral validity of law are most likely to prevent delinquency.

ROBERT AGNEW-Advocated the General Strain Theory influenced by the

works of Durkheim and Merton. The General Strain Theory revised the strain
theory and addressed many of the criticisms of the original strain theory.
According to the original strain theory, an increase in aspirations and a
decrease in expectations should lead to an increase in delinquency; however,
this was not found to be the case according to Agnew. Also, the original strain
theory predicted a concentration of delinquent behavior in the lower class, but
research proved that delinquency was also common in the middle and upper
classes as per Agnew's findings..

HOWARD S. BECKER- Advocated the Labeling Theory also known as

Social Reaction Theory, which is based on the idea that a social deviant is
not an inherently deviant individual, rather they become deviant because they
are labeled as such. Social groups create deviance by making rules whose
infraction create deviance, and by applying those roles to particular people
and labeling them as outsiders. From this point of view, deviance is not a
quality of the act the person commits, but rather a consequence of the
application by another of rules and sanctions to an offender. The deviant is
one to whom that label has been successfully applied; deviant behavior is
behavior that people so label. In other words, an act becomes deviant only
when others (society) label them as deviant.
OTHER THEORISTS AND PIONEERS

KARL H. MARX -A German philosopher, economist, socialist and historian. In

the context of criminological thoughts, together with Friedrich Engels, they
advocated the Social Class
Conflict and Capitalism Theory. They claimed that the ruling class in a
capitalist society is responsible for the creation of criminal law and their
ideological basis in the interpretation and enforcement of the laws. All are
reflected in the ruling class; thus, crime and delinquency are reflected on the
demoralized surplus of population, which is made up of the underprivileged
usually the unemployed and underemployed.

CHARLES R. DARWIN- Popularized the Evolution Theory which laid the

foundation of anthropological criminology. He claimed that humans, like
other animals, are parasite. That man is an organism having an animalistic
behavior and is dependent on other animals for survival. Thus, man kills and
steal to live. This Social Darwinism idea was influential to Lombroso's
anthropological work on the "born criminal".

CHARLES B. GORING-He was known for his The English Convict: A

Statistical Study one of the most comprehensive criminological works of its
time. It was first published in 1913, and set out to establish whether there
were any significant physical or mental abnormalities among the criminal
classes that set them apart from ordinary men, as suggested by Cesare
Lombroso. He analyzed over 3,000 English convicts and ultimately concluded
that "the physical and mental constitution of both criminal and law abiding
persons, of the same age, stature, class, and intelligence, are identical. There
is no such thing as an anthropological criminal type." And so, he contradicted
the Lombroso's idea that criminality can be seen the through physical features.
Nevertheless, he accepted that criminals are physically inferior to normal
individuals in the sense that criminals tend to be that be shorter and have less
weight than non-criminals.

ADOLPHE J. QUETELET-A Belgian Statistician who pioneered Cartography

and the Carthographical School of Criminology that placed emphasis on
social statistics. Through statistical
analysis, he gained insight about the relationships between crime and other
social factors. Among his findings were strong relationships between age and
crime, as well as gender and crime. He also discovered that crimes against
persons tends to increase during summer while crimes against property tends
to increase during winter (may be considered as seasonal crimes.
 02A LESSON PROPER FOR WEEK 5

CRIMINAL PSYCHOLOGY
Criminal Psychology – criminal psychology is a study that deals on known
criminal behavior. It is a must for police officers as knowledge to assess the
difference in abnormal behavior can enable them to make important judgment
regarding the seriousness of criminal behavior. To do this it is vital that police
officers should adequately know the answers to the following questions – how
strong a response the policemen must take should they meet and take
sufferer into custody for them and the community’s protection?

Classification of Behavior
Normal Behavior They are known as adaptive or adjusted behaviors; they
are standard behaviors - the totality accepted behavior because they follow
the standard norms of society. Atkinson (1993) presented that norms
understanding criminal behavior includes the idea of knowing what
characterized a normal person from an abnormal one. A normal person is
characterized by having an efficient perception of reality, self-knowledge, and
ability to exercise voluntary control over his behavior, self-esteem and
acceptance, productivity, and the ability to form affectionate relationship with
others.
Abnormal Behavior
A group of behaviors that are also known as maladaptive or maladjusted -
they are deviant from social expectations because they go against the norms
or standard behavior of society. A maladaptive abnormal) person may be
understood by the following definitions:
a. According to the deviation of statistical norms based on statistical
frequency - Many characteristics such as weight, height, when, measured
over a population. For instance, a person who is extremely intelligent or
extremely happy would be classified as abnormal.
b. According to deviation from social norms. A behavior that derives from
the accepted norms of society is considered abnormal. However, it is primarily
dependent on the existing norm of such society.
c. Behavior as maladaptive Maladaptive - behavior is the effect of a well-
being of the individual and or the social group. That some kind of deviant
behavior interferes with the welfare of the individual such as a man who fears
crowd, cannot ride a bus, etc. This means that a person cannot adapt himself
to the situation wherein it is beneficial to him.
d. Abnormal behavior due to personal distress - this is abnormally in terms
of the individual subjective feelings of distress rather than the individual
behavior. This includes mental illness, feeling of miserably, depression, and
loss of appetite or interest, suffering from insomnia and numerous aches and
pains.
Kinds of Behavior
1. Simple or Complex – classified based on number of neurons involved.
If there is less neurons in certain act, it is simple. If there is more than it
is complex behavior.
2. Overt or Covert – overt behavior is observable while covert is not
visible to the naked eye or hidden
3. Conscious of Unconscious – considered conscious when a person
is aware of his actions and if not then it is considered unconscious.
4. Rational or Irrational – rational when it is don with sanity while
irrational is done without knowing the nature and consequences of the
actions
5. Voluntary of Involuntary – voluntary is an act done willingly while the
involuntary is the body activities and processes which we cannot stop.

Aspects of Behavior
1. Attitude/Value – pertains to our likes and dislikes or our interest
toward something
2. Emotional – concerns with our feelings, moods, temper
3. Intellectual – mental processes such as decision making, reasoning
and solving problems
4. Moral – pertains to conscience whether the action done is good or bad.
5. Psychosexual – concerns to our state of being whether man or
woman.

Frustration, Conflict and Anxiety

Frustration refers to the unpleasant feelings that result from the blocking of
motive satisfaction. It is a form of stress, which results in tension. It is a feeling
that is experienced when something interferes with our hopes, wishes, plans
and expectations.
Some common sources of frustration are:
a. Physical obstacles - are physical barriers or a circumstance that prevents
a person from doing his plan or fulfilling his wishes.
b. Social Circumstances - are restrictions or circumstances imposed by
other people and thee customs and laws of social living.
c. Personal Shortcoming - such as being handicapped by diseases,
deafness, paralysis, etc. which serves as a barrier to the things one ought to
do.
d. Conflicts between motives

CONFLICT refers to the simultaneous arousal to of two or more incompatible

motives resulting to unpleasant emotions. It is a source of frustration because
it is a threat to normal behavior.
Types of Conflicts
1. Double Approach Conflict- a person is motivated to engage in two
desirable activities that cannot be pursued simultaneously,
2. Double Avoidance Conflict - a person faces two undesirable situations in
which the avoidance of one is the exposure to the other resulting to an intense
emotion.
3. Approach-Avoidance Conflict - a person faces situation having both a
desirable and undesirable feature. It is sometimes called dilemma", because
some negative and some positive features must be accepted regardless
which course of action is chosen.
4. Multiple Approach-Avoidance Conflict – a situation in which a choice
must be made between two or more alternatives each has both positive and
negative features. It is the each has most difficult to resolve because the
features of each portion are often difficult to compare.
Anxiety is an intangible feeling that seems to evade any effort to resolve it. It
is also called neurotic fear, It could be intense, it could be low and can be a
motivating force.
Stress is the process of adjusting to or dealing with circumstances that
disrupts, or threatens to disrupt a person's physical or psychological
functioning.

CAUSES OF CRIMINAL BEHAVIOR

The commission of a crime may be the result of complicated factors and
causes. The following are some of the perspectives about the causes of
criminal behavior.
1. Anxiety (Psychological Perspective) – stressful situations that when
become extreme may result in maladaptive behavior.
2. Faulty Learning (Behavior Perspective) – the failure to learn the
necessary adaptive behavior due to wrongful development. This usually result
of delinquent behavior based on the failure to learn the necessary social
values and norms.
3. Blocked of Distorted Personal Growth (Humanistic Perspective -
presumably, human nature tends towards cooperation and constructive
activities, however, if we show aggression, cruelty or other violent behavior,
the result will be an unfavorable environment.
4. Unsatisfactory Interpersonal relationship- self-concept in early
childhood by over critical parents or by rigid socialization measures usually
causes deviant behaviors among individuals because they are not contented
and even unhappy among individuals because they are not contented and
even unhappy with the kind of social dealings they are facing.
5. Pathological social conditions poverty - social discrimination and
destructive violence always results to deviant behavior.

DIAGNOSTIC CATEGORIES OF MENTALLY-DISTURBED PERSONS

Anti-Social Personality is a mentally disturbed person who is opposed to
the principles upon which society is based.
Characteristics of an Anti-Social Personality a person with an anti-social
personality is also known as a sociopath or psychopath.
Sociopath is a person who lacks any sense of social or moral
responsibility due to mental illness.
Psychopath is a person having personality disorders characterized by
anti-social behavior, indifference to immorality and abnormal changes in
mood or activity.

Types of phobias
These refer to the persistent fear on some objects or situation that present no
actual danger to the person.
Examples of Phobia
Acrophobia High Places

Agoraphobia Open Places

Algophobia Pain

Astrophobia Storms/Lightning

Claustrophobia Closed Places

Hematophobia Blood

Hydrophobia/Aquaphobia Water

Monophobia Being Alone

Nyctophobia Darkness

Ocholophobia Crowds

Pathophobia Disease

Pyrophobia Fire

Mysophobia Contamination/germs
 Criminal Formula

According to Abrahamsen in his book entitled, “Crime and Human Mind”

in 1945, he explained the causes of crime by this formula:
C=T+S
R
Where:
C – Crime/ Criminal Behavior (Act)
T – Tendency (Desire/Intent)
S – Situation (Opportunity)
R – Resistance to Temptation (Control)

Sexual Behavior Leading to Sex Crimes

Choice of Partner
Auto Sexual – masturbation / self-gratification
Bestiality – sex intercourse with animals
Gerontophilia –erotic desire with elder person
Incest – sexual relationship between people with blood relationship
Pedophilia – sexual desire with a child
Necrophilia – sexual perversion with a corpse or dead body

Mode of Expression
1. Algolagnia (Sado-Masochism) – sexual gratification is attained through
pain or cruelty. Two classifications:
Sadism – sexual pleasure is achieved through infliction of pain on the
partner
Masochism – sexual pleasure is obtained thru the infliction of pain to
oneself
2. Oralism - the satisfaction is attained by the use of mouth or tongue.
Anillingus – licking of the anus of the sexual partner
Cunnillingus – this is attained by licking the female genitalia
Fellatio – licking and sucking the male sex organ
Number of Participants
Triolism – three participants in one sexual activity
Pluralism – also called “sexual festival” where there are several
participants
Part of the Body
Frottage – rubbing or sex organ to the body parts of the partner to
achieve gratification
Partialism – sexual libido on any part of the body of a sexual partner
Uranism – sexual happiness is attained thru the licking of
partner’sbody(holding the breast/fingering of genital)
Sodomy – insertion or penetration of the penis or object to the anus of
the partner

Sexual Reversal
Fetishism – sexual enjoyment is achieved by looking at some body
parts, underwear or any objects associated with the partner
Homosexuality – sexual behavior is towards the same sex
Transvetism – sexual satisfaction is achieved by wearing the apparel
or underwear of the opposite sex

Sexual Urge
Nymphomania – sexual desire of a woman to have sex
Satyriasis – sexual urge of a woman to have sex
Visual Stimulus
Scoptophilia – sexual behavior characterized by watching undress or
nude people especially during sexual activity
Voyeurism – sexual gratification is obtained thru watching person
doing something which might undress herself in a private area. The
maniac is called Peeping Tom who usually masturbates while doing his
sexual behavior.
Other Sexual Abnormalities
Coprolalia – sexual happiness is attained by using obscene language
while having sexual intercourse.
Don Juanism – act of seducing women without permanency of sexual
partner
 Exhibitionism – indecent exposure of sex organ ot other people

Important Terms
Criminogenic Process – Explain human behavior and the experiences,
which help determine the nature of a person’s personality as a reacting
mechanism; that factors of experiences in connection thereto infringe
differentially upon different personalities, producing conflict, which is the
aspect of crime.
Criminal Psychodynamic – the study of mental processes of criminals in
action; the study genesis, development, and motivation of human behavior
that conflicts with accepted norms and standard of society; this study
concentrates on individuals as opposed to general studies of mass
populations with respect to their criminal behavior.
Cultural Conflicts – A clash between societies because of contrary
beliefs or substantial variance in their respective customs, language,
institutions, habits, learning, tradition, etc.
Dementia Praecox – A collective term of mental disorders that begin at,
or shortly after puberty and usually lead to general failure of the mental
faculties, with the corresponding physiological impairment.
Delusion – In medical jurisprudence, a false belief about self, caused by
morbidity, present in paranoia and dementia praecox.
Episodic Criminal – A non-criminal person who commits a crime when
under extreme emotional stress; a person who breaks down and commits
a crime as a single incident during the regular course of natural and
normal events.
Erotomania – A morbid propensity to love or make love; uncontrollable
sexual desire, or excessive sexual craving by members of either sex.
Inheritance – The transmission of physical characteristics, mental traits,
tendency to disease, etc., from parents to offspring. In genetics, the
tendency manifested by an organism to develop in the likeness of a
progenitor due to the transmission of genes in the productive process.
Hereditary – Have been believed to share about equally in determining
disposition that is, whether cheerful or gloomy, his temperament, and his
nervous stability.
Hallucination – is the act of seeing of hearing something which does not
actually exist
Kleptomaniac – an uncontrollable morbid propensity to steal or
pathological stealing. The symptoms of this disease usually consist of
peculiar motives for stealing and hoarding.
Masochism – A condition of sexual perversion in which a person derives
pleasure from being dominated or cruelly treated.
Melancholia – A mental disorder characterized by excessive brooding
and depression of spirits; typical of manic depressive psychosis.
Megalomania – A mental disorder in which the subject thinks himself
great or exalted.
Necrophilism – Morbid craving, usually of an erotic nature for dead
bodies. It is also a form of perversion where sexual gratifications are
achieved either through sexual intercourse with, or mutilation of the dead
body.
Anthropology – It is the science devoted to the study of mankind and its
development in relation to its physical, mental and cultural history.
Auto Phobia – It is a morbid fear of one’s self, or of being alone.
Biometry – In criminology, a measuring or calculating of the probable
duration of human life; the attempt to correlate the frequency of crime
between parents and children or brothers and sisters (siblings).
Biosocial Behavior – A person’s biological heritage, plus his environment
and social heritage, Influence his social activity. It is through the reciprocal
actions of his biological and social heritages that a person’s personality is
developed.
Logomacy – A statement that we would have no crime if we had no
criminal law, and that we could eliminate all crime merely by abolishing all
criminal laws.
Cretinism – A disease associated with prenatal thyroid deficiency and
subsequent thyroid inactivity, marked by physical deformities, arrested
development, goiter, and various forms of mental retardation, including
imbecility.
Crime Statistics – A reported instance of a crime recorded in a
systematic classification.
Euthanasia – It signifies the release from life given sufferer from an
incurable and painful disease.
Alienist – This is a term applied to a specialist in the study of mental
disorders sometimes interchangeably used with psychiatrist.