INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIMES

CHAPTER 1

INTRODUCTION

Many professionals argue that criminology is not a discipline in its own right . The argument pertains to
criminology being something of a hybrid: it was a mixture of things, an amalgation of other fields – sociology,
psychology; forensic medicine, legal theory, anthropology and other areas of study.
When talking about whether criminology was a discipline in its own right, as aforementioned, it was a
hybrid of other disciplines and it continues to involve other disciplines. Modern criminology is highly
differentiated in its "theoretical, methodological and empirical concerns.” Most recently, for example, it has
added victim studies or victimology.
The study of eugenics remained popular, especially in the United States. Eugenics is the study of
the improvement of the human gene pool through various forms of social engineering. 1896 saw the first
eugenic marriage laws in the USA. Connecticut prohibited the marriage of anyone who was known to be
“epileptic, imbecile or feeble-minded”.
Criminology -It is the scientific study of crime as an individual and social phenomenon.
Criminology is an advanced, theoretical field of study.  It can be defined as
the study of crime, the causes of crime (etiology), the meaning of crime in terms of law, and community
reaction to crime.  The science of crime rates, individual and group reasons for committing crime, and
community or societal reactions to crime.

Note: In 1885, Italian law professor Raffaele Garofalo coined the term "criminology" (in Italian,
criminologia). The French anthropologist Paul Topinard used it for the first time in French (criminologie)
around the same time.
Criminology in the Philppines
The first ever educational institution offering the criminology course, is the Philippines College of
Criminology, at Sta. Cruz, Manila, formerly known as Plaridel College.
This pioneering College of criminology became scientific crime detection in the whole of Southeast Asia,
in the 1950’s. In the early part of 1960’s, criminology course was offered by the University of Manila,
Abad Santos College, both in Metro Manila, University of Visayas, Cebu City, University of Mindanao,
Davao City, University of Baguio.

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 On January 15, 1983, the author organized and founded the Philippine Educators Association
for Criminology Education (PEACE), during the National Conference of Criminology Deans and
School Heads and Presidents, held at the University of Negros Occidental-Recoletos, College of
Criminology.
The primary objective of the PEACE is to professionalize criminology education in the context of
national development.

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

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

Various studies and science related to Criminology

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

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

Generally, criminology cannot be considered a science because it has not yet acquired universal validity
and acceptance. It is not stable and it varies from one time and place to another. However considering that
science is the systematic and objective study of social phenomenon and other body’s knowledge, criminology
is a science in itself when under the following nature.
1. It is an applied science– use of instrumentation.
2. It is a social science– in as much as crime in social creation that it exists in a society being a social
phenomenon, its study must be considered a part of social science.
3. It is dynamic– criminology changes as social condition changes.
4. It is nationalistic– the study of crimes must be in relation with the existing criminal law within the
territory or country.

Criminology, Criminal Justice and Criminalistics

Criminology - Study includes the incidence and forms of crime as well as its causes and consequences as
well as social and governmental regulations and reactions to crime.
Criminology is an interdisciplinary field in the behavioural sciences, drawing
especially on the research of sociologists and psychologists, as well as on writings in law.
Criminology is a rather broad field of study that encompasses the study of law making, law
breaking, and societal reactions to law breaking. 

Principal Divisions of Criminology

1. Criminal Etiology- analysis of the causes of crime.
2. Sociology of Law- analysis of the conditions under which penal or criminal laws are developed as a
process of formal social control.
3. Penology- deals with the control and prevention of crime and the treatment of youthful offenders.

Criminal Justice - Refers to the system used by government to maintain social control, prevents crime,
enforce laws, and administer justice. The Philippine Criminal Justice System (PCJS): Law enforcement,
Prosecution, Courts, Corrections and Community are the primary agencies charged with these
responsibilities.

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Note: When processing the accused through the criminal justice system, government must keep within the
framework of laws that protect individual’s right. The pursuit of criminal justice is, like all forms of "justice",
"fairness" or "process", essentially the pursuit of an ideal. In the United States, Law enforcement, Courts,
and Corrections are the three (3) pillars of their criminal justice.

Criminalistics - Criminology and criminalistics are often mixed up in the minds of the people. Comparatively
speaking, criminology is the study of criminal people, and criminalistics is the study of criminal things,
or the sum total of the application of all sciences in crime detection.

A criminal commits crime by means of things, or that something he left in the crime scene. Those
things he used or left in the crime scene are the objects of criminalistics known as evidence such as but not
limited to the following:
1. Blood and bloodstain
2. Firearms and other deadly weapons
3. Fingerprints and footprints
4. Tool marks and many more

Through R.A. 6506, a criminologist is any person who is a graduate with the Degree of Criminology,
who passes the examination for criminology and is registered through Board of Examiners of the PRC. The
term criminologist is one who has been engaged in the practice of criminology if he holds himself out to the
public in any of the following capacities.
1. As a professor, instructor or teacher in criminology in any university, college or school duly recognized
by the government and teaches any of the following:
a. Law Enforcement
b. Criminalistics
c. Correctional Administration
d. Criminal Sociology and Applied Subjects
e. Other technical and specialized subjects in criminology.
2. As a law enforcement administrator, executive, adviser, consultant or agent in any government or
private agency.
3. As technician in any forensic science and other aspects of crime detection.
4. As a correctional administrator, executive supervisor, worker or officer in any correctional and penal
institution.

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 5. As a counselor, expert, adviser, researcher in any government or private agency or any aspect of
criminal research or project involving the causes of crime, juvenile delinquency, treatment of offenders,
police operations, law enforcement administration, scientific criminal investigation or public welfare
administration.
On the other hand, a criminalist is a person who is trained in sciences of the application of
instruments and methods, to the detection of crime.

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

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

Divisions of Criminalistics
There are six (6) divisions of criminalistics. The first three are scientific and the other three are
technological. The following are:
1. Scientific
a. Chemistry
The original name for ciminalistics is Forensic Chemistry. E.x. alcoholic analysis, toxicology, narcotic
and substance abuse testing, firearms discharge residues, etc
b. Physics
Duties of a physicist in a crime laboratory includes but not limited to firearms identification, toolmark
comparison, scientific photography, traffic or vehicular accidents for the purpose of finding out the speed and
direction of vehicles, and use of X-Rays to the detection of crime.
c. Biology
Biology is the study of living things. Deals with the origin, history, physical characteristics, life,
processes, habits, etc. of plants and animals. The biologists in a police laboratory study all kinds of living
things- blood, semen, urine, hairs, and skin. He is particularly skilled in the use of a microscope. His most
important role in criminalistics is to examine bloodstains in order to find out if they are of human or animal
origin.

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

3. Others
a. Photography
b. Lie Detection or Polygraphy

CHAPTER 3

SCHOOLS OF THOUGHT

Classical School (mid 18th century)

Cesare, Marquis of Beccaria-Bonesana (March 15, 1738 – November 28, 1794) an Italian philosopher and
politician best known for his treatise On Crimes and Punishments (1764), which condemned torture and
the death penalty and was a founding work in the field of criminology.

Essay on Crimes and Punishments

Includes reforms to the criminal justice system which we now take for granted, in particular:
1. the prompt administration of clearly prescribed and consistent punishments,
2. well-publicised laws made by the legislature rather than individual courts or judges,
3. the abolition of torture in prisons and the use of the penal
system to deter would-be offenders, rather than simply punishing those convicted.
The work had a great success in the whole Europe,
especially in France and at the court of Catherine II of Russia.

Note: The judiciary reform advocated by Beccaria led to the abolition of death punishment in the Grand
Duchy of Tuscany, the first Italian state taking this measure.

Jeremy Bentham (26 February 1748– June 6, 1832) was an English jurist, philosopher, and legal and social
reformer. He advocated utilitarianism and fair treatment of animals that influenced the development of
liberalism. He invented the panopticon, and other classical school philosophers argued the following:

1. People have free will to choose how to act;

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 2. Deterrence is based upon the utilitarian ontological notion of the human being a 'hedonist' who
seeks pleasure and avoids pain, and a 'rational calculator' weighing up the costs and benefits of the
consequences of each action; Punishment (of sufficient severity) can deter people from crime, as the
costs (penalties) outweigh benefits, and that severity of punishment should be proportionate to the
crime.

3. The more swift and certain the punishment, the more effective it is in deterring criminal behavior.
The Classical school of thought came about at a time when major reform in penology occurred, with
prisons developed as a form of punishment.

Positivist School
Presumes that criminal behaviour is caused by internal and external factors outside of the
individual's control. Scientific method was introduced and applied to study human behavior. Positivism can
be broken up into three segments which include biological, psychological and social positivism.

Cesare Lombroso, born Ezechia Marco Lombroso (November 6, 1836 – October 19, 1909) was an Italian
criminologist and founder of the Italian School of Positivist Criminology.
Regarded as the "Father" of Criminology and has the largest contributions to biological positivism
through scientific approach, insisting on empirical evidence, for studying crime. Concepts drawn from
physiognomy, early eugenics, psychiatry and Social Darwinism, Lombroso's theory of anthropological
criminology essentially stated that criminality was inherited, and that someone "born criminal"' could be
identified by physical defects, which confirmed a criminal as savage, or atavistic.

Enrico Ferri
A student of Lombroso, believed that social as well as biological factors played a role, and held the
view that criminals should not be held responsible for the factors causing their criminality were beyond their
control.

Raffaele Garofalo (1851-1934)

An Italian jurist and a student of Cesare Lombroso. He rejected the doctrine of free will
and supported the position that crime can be understood only if it is studied by scientific methods. He
attempted to formulate a sociological definition of crime that would designate those acts which can be
repressed by punishment. These constituted "Natural Crime" and were considered offenses violating the two
basic altruistic sentiments common to all people, namely, probity and pity.

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The Italian School of Criminology was founded at the end of the 19th century by Cesare Lombroso
(1835–1909) and two of his Italian disciples, Enrico Ferri (1856–1929) and Raffaele Garofalo (1851–
1934).

Lombroso identified three types of criminal:

1. Atavist- known as born criminal
2. Insane criminal- Alcoholic, kleptomaniac, nymphomaniac, and child molesters.
3. Criminaloid- Criminaloids were further categorized as "habitual criminals", who become so by contact with
other criminals, or other "distressing circumstances" (criminal by passion hot-headed and impulsive
persons who commit violent acts when provoked).

Cesare Lombroso (1835-1909)

Physician
1876 Wrote, The Criminal Man
During autopsy, certain physical stigmata was apparent, concluded the certain number of
theses indicated a born criminal, atavistic criminal.

Stigmata Related to an Atavistic Criminal:

1. Deviation in head size and shape from type common to race and region from which the criminal came.
2. Asymmetry of the face.
3. Eye defects and peculiarities.
4. Excessive dimensions of the jaw and cheek bones.
5. Ears of unusual size, or occasionally very small, or standing out from the head as to those of a
chimpanzee.
6. Nose twisted, upturned, or flattened in thieves, or aquiline or breaks like in murderers, or with a tip
rising like a peak from swollen nostrils.
7. Lips fleshy, swollen, and protruding.
8. Pouch in the cheek like those of some animals.
9. Chin preceding, or excessively long, or short and flat, as in apes.
10. Abnormal dentition.
11. Abundance, variety, and precocity of wrinkles.
12. Anomalies of the hair, marked by characteristics of the opposite sex.

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 13. Defects of the thorax, such as too many or too few ribs, or supernumerary nipples.
14. Inversion of sex characters in the pelvic organs.
15. Excessive length of arms.
16. Supernumerary fingers and toes.
17. Imbalance of the hemisphere of the brain (asymmetry of the cranium).

The Female Offender 1901

Most women are not criminal those that are, are most often occasional criminals but, some
women are atavistic criminal.

Chicago School
The Chicago School arose in the early twentieth century, through the work of Robert Ezra Park,
Ernest Burgess and other urban sociologists at University of Chicago. In the 1920s, Park and Burgess
identified five concentric zones that often exist as cities grow, including the "zone in transition" which was
identified as most volatile and subject to disorder. In the 1940s, Henry McKay and Clifford R. Shaw
focused on juvenile delinquents, finding that they were concentrated in the zone of transition.
Chicago School sociologists adopted
a social ecology approach to studying cities, and postulated that urban neighborhoods with high levels of
poverty often experience breakdown in the social structure and institutions such as family and schools.

Other Important Contributors in Criminology

1. Adolphe Quetelet- made use of data and statistical analysis to gain insight into relationship between
crime and sociological factors. He found that age, gender, poverty, education, and alcohol
consumption were important factors related to crime.
2. Rawson W. Rawson- utilized crime statistics to suggest a link between population density and
crime rates, with crowded cities creating an environment conducive for crime.
3. Henry Mayhew- used empirical methods and an ethnographic approach to address social questions and
poverty, and presented his studies in London Labour and the London Poor.
4. Emile Durkheim- viewed crime as an inevitable aspect of society, with uneven distribution of
wealth and other differences among people.
5. Sir Alec John Jeffreys (in criminalistics) - fellow of the Royal Society (FRS), born 9 January 1950 at
Oxford in Oxford shire is a British Geneticist, who developed techniques for DNA fingerprinting and
DNA profiling.

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 6. Alphonse Bertillon- April 23, 1853 -February 13, 1914 was a French law enforcement officer and
biometrics researcher, who created anthropometry, an identification system based on physical
measurements.
7. George Wilker- he said that criminology can never become a science.
8. Edwin Sutherland- criminology today is not a science but it has hope of becoming a science.
9. Willem Adrian Bonger- Dutch criminologist, Willem Bonger, believed in a causal link between crime
and economic and social conditions. He asserted that crime is social in origin and a normal
response to prevailing cultural conditions.
10.Dr Charles Goring- his research published in 1913, which was based on a statistical analysis of
prisoners. The researcher, argued from his findings that criminals were not qualitatively different from
other people but were simply on the extremes of the line of normality.

CHAPTER 4
SOCIOLOGY OF LAW

Divisions of criminology which attempt to offer scientific analysis of the conditions under which penal or
criminal laws develop as a process of formal social control.

Two Types of Law

1. Natural laws are rooted in core values shared by many cultures. Natural laws protect against harm to
persons (e.g. murder, rape, assault) or property (theft, larceny, robbery), and form the basis of common law
systems.

2. Statutes (Statutory Laws) are enacted by legislatures and reflect current cultural mores, albeit that
some laws may be controversial

Types and Definitions of Crime

1. Blue-collar crime - In criminology, blue-collar crime is any crime committed by an individual from a
lower social class as opposed to white-collar crime which is associated with crime committed by
individuals of a higher social class.

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2. Corporate crime - In criminology, corporate crime refers to crimes committed either by a corporation
(i.e., a business entity having a separate legal personality from the natural persons that manage its activities),
or by individuals that may be identified with a corporation or other business entity.

3. Organized crime or criminal organizations - Are groups or operations run by criminals, most
commonly for the purpose of generating a monetary profit.

4. Political crime - In criminology, a political crime is one involving overt acts or omissions (where there is
a duty to act), which prejudice the interests of the state, its government or the political system. At one
extreme, crimes such as treason, sedition, and terrorism are political because they represent a direct
challenge to the government in power.

5. Public order crime - In criminology public order crime is defined by Siegel (2004) as "...crime which
involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e. it
is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs.

6. State crime - In criminology, state crime is activity or failures to act that break the state's own criminal
law or public international law.

7. State-corporate crime - In criminology, the concept of state-corporate crime or incorporated

governance refers to crimes that result from the relationship between the policies of the state and the policies
and practices of commercial corporations.

8. White-collar crime - White-collar crime has been defined by Edwin Sutherland "...as a crime
committed by a person of respectability and high social status in the course of his occupation.

9. Victimless crime - Victimless crime is a behavior of an individual which is forbidden by law, but which
neither violates nor significantly threatens the rights of other individuals.

Victimless crime has the following applications:

 The victim is the accused.

 In common usage, victimless crime refers to behavior that is illegal but which is claimed to not violate
or threaten the rights of anyone and may be associated with the implication that the behavior should
therefore not be illegal.
 In criminology, victimless crime is now termed public order crime.

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  In the law, case law has developed to discuss what used to be termed "victimless" crime: It applies to
adults, and specifically not to minors who have not yet reached the age of consent, where age of
consent is relevant.

Crime and Criminal Law

Crime- is an act committed or omitted in violation of public law forbidding or commanding it.
Criminal Law- is that branch or division of law which defines crime, treats of their nature, and
provides for their punishment.

Sources of Criminal Law

a. The Revised Penal Code (Act. No. 3815) and its amendments.
b. Special Penal Laws
c. Penal Presidential Decrees
Characteristics of Criminal Law
1. Generality
2. Territoriality
3. Prospectivity

Brief History of Revised Penal Code

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

Two Theories of the Penal Code

Classical Viewpoint
1. The basis of criminal liability is human free will and the purpose of penalty is retribution.

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

Positivist Viewpoint

1. Offender as an abstract being, and of prefixing for him, through a series of hard and fast
rules, a great multitude of penalties with scant regard to the human element.
2. The positivist holds that man is subdued occasionally by strange and morbid
phenomenons which constrain a man to do wrong inspite of or contrary to his volition.
3. Crime is essentially a social and natural phenomenon and as such, it cannot be treated
and checked by the application of abstract principles of law and jurisprudence nor by the imposition of
a punishment fixed and determined a priori but rather, through the enforcement of individual measures
in each particular case after a thorough, personal and individual examination conducted by a
competent body of psychiatrists and social scientist.

Brief History of Philippine Criminal Law

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

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

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

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

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

Legal Classification of Felony

1. As to the manner of commission:
a. By means of dolo or deceit
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b. By means of culpa or fault
2. As to the stages in the commission of crimes:
a. Attempted crime
b. Frustrated crime
c. Consummated crime
3. As to the plurality of crimes:
a. Simple crime – a single act constitute only one offense.
b. Complex crime – when single act constitute two or more grave or less grave felonies or when an offense is
a necessary means for committing the other.
4. As to the gravity of penalty or offense:
a. Grave felonies
b. Less grave felonies
c. Light felonies
5. As to the basis of criminal act:
a. Crimes against national security and the law of nations.
b. Crimes against the fundamental laws of the state.
c. Crimes against public order.
d. Crimes against public interest.
e. Crimes relative to opium and other prohibited drugs.
f. Crimes against public morals.
g. Crimes committed by public officers.
h. Crimes against person.
i. Crimes against liberty and security.
j. Crimes against property.
k. Crimes against chastity.
l. Crimes against the civil status of persons.
m. Crime against honor.
n. Quasi-offenses
CRIMINOLOGICAL CLASSIFICATIONS OF CRIMES
Criminological Classification of Crimes
1. As to the result of crimes:
a. Acquisitive crime– when the offender acquires something as a consequence of his criminal acts.
b. Extinctive crime– when the end result of a criminal act is destructive.
2. As to the time or period of commission:
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a. Seasonal crime– those committed only during a certain period of the year like violation of tax law.
b. Situational Crime– those committed only when given the situation conducive to its commission.
3. As to the length of time of commission:
a. Instant crime– those committed in a shortest possible time.
b. Episodic crime– those committed by a series of act in a lengthy space of time.
4. As to the place of location of the commission:
a. Static crimes- those committed in one place.
b. Continuing crime– those committed in several places.
5. As to the use of mental faculties:
a. Rational crime
b. Irrational crime
6. As to the type of the offenders:
a. White collar crime – those committed by person of respectability and upper socio-economic class in the
course of their occupation activities.
b. Blue collar crime– those committed by ordinary professional criminal to maintain their livelihood.
7. As to the standard of living of the criminals:
a. Crime of the upper world– falsification cases
b. Crime of the under world– bag snatching

When does Crime exist?

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

Some Distinctions
Between Crime, Sin and Immorality:

Crime- is against the penal law of a state.

Sin- is against the spiritual or divine law.
Immorality- is against the unwritten social norms in locality.
Crime- is nationalistic
Immorality- is regionalistic
Crime- is a crime because the law says so.
Overcriminalization- too many laws
Undercriminalization- not enough laws
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Why must members of society be interested in crimes?
1. Crime is pervasive– Crime as an associate of society affects almost all people.
2. Crime is expensive– the government and private sector spend an enormous amount of money for crime
detection, prosecution, correction and prevention. Those expenses are other:
a. Direct expenses– those spent by government or private sector for the maintenance or the police
and security guards for crime detection, prosecution and judiciary, support of prison systems.
b. Indirect expenses– those expenses utilized to prevent the commission of crimes like the
construction of window grills, fences, gate, purchase of door locks safety vaults, hiring of
watchmen, feeding of watchdog, etc.
3. Crime is destructive– many lives and properties have been lost and destroyed.
4. Crime is reflective– crime rate or incidence in a given locality is reflective of the effectiveness of the
social defenses employed by the people primarily of the police system.
5. Crime is progressive- increase in the volume of crime is on account of the over increasing population.

Criminals
Legal sense- a person has been found guilty through final verdict.
Criminology sense- a person is considered criminal the moment he committed any anti-social act.

Criminal and Delinquent

Criminal- a person who has violated the penal law and has been found guilty of the crime charges upon
observing of the standard judicial procedure.
Delinquent- a person who committed an act that is not in conformity with the norms of society.

General Classification of Criminals

1. Criminals classified on the basis of etiology:
a. Acute criminal– person who violate criminal law because of the impulse of the moment, fit of passion or
anger or spell of extreme jealousy.
b. Chronic criminal– person who acted in consonance with deliberate thinking, such as:
b.1. Neurotic criminal– person whose action arise from intra-psychic conflict between the social and
anti-social components of his personality. Ex. Kleptomania
b.2. Normal criminal– person whose psychic organization resembles that of normal individuals
except that he identified himself with criminal prototype.
b.3. Criminality – caused by an organic pathological process.
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2. Criminal classified on the basis of behavioral system:
a. Ordinary criminal– the lowest form of criminal career, they engage only on conventional crimes which
require limited skill and they lack organization to avoid arrest and convictions.
b. Organized criminal- these criminal has a high degree of organization to enable them to commit crimes
without being detected and committed to specialized activities which can be operated in large scale business
such as racketeering, control of gambling, prostitution and distribution of prohibited drugs.
c. Professional criminal– they are highly skilled and able to obtain considerable amount of money without
being detected because of organization and contract with other professional criminals. These offenders are
always able to escape conviction. They specialize in the crime which requires skill games, pick-pocketing,
shoplifting sneak thievery counterfeiting and others.
3. Criminals classified on the basis of activities:
a. Professional criminal– those who earn their living through criminals activities.
b. Accidental criminal– those who commit criminal acts as a result of unanticipated circumstances.
c. Habitual criminal– those who continue to commit criminal acts for such diverse reason due to deficiency
of intelligence and lack of self control
d. Situational criminal– those who are actually not criminals but constantly in trouble with legal authorities
because they commit robberies, larcenies, and embezzlement which are intermixed with legitimate economic
activities.
4. Criminal classified as a basis of mental attitudes:
a. Active aggressive criminal– those who commit crime in an impulsive manner usually due to the
aggressive behavior of the offender. Such attitude is clearly shown in crimes of passion, revenge and
resentments.
b. Passive inadequate criminal– those who commit crimes because they are pushed to it by
inducement, by reward or promise without considering its consequence. They are called “ulukan”
c. Socialized delinquent– those who are normal in their behavior but merely defective in their
socialization processes. To this group belongs the educated respectable member of society who may turn
criminal on account of the situation they are involved.

CHAPTER 5
CRIMINAL ETIOLOGY
A Division of criminology which attempts to provide scientific analysis of the causes of crimes.
Any attempts at scientific studies of the causes of crime. Two things or objective should be considered, and
these are man and his criminal behavior, in relation to criminal or penal law which is defined as the branch or
division of public law which defines crimes, treats of their nature and provides for their punishment.
18
Approaches and Methods in Criminology for Study of Crimes
1. The Biological Approach
It studies criminal through biological perspectives.
2. Psychogenic Approach
Emphasis is based on linking criminal behavior to mental state, especially mental evidence disease;
mental disorders, pathologies, and emotional problems and they repeatedly assert that crime is outcome of
criminal mind. The root cause of the criminal behavior neither environmental nor biological than question
seems to be unclear.
3. Multifactor Approach
Different crimes are result of different combination of the factors.

Types of Explanation to Criminal Behavior

a. Single or Unitary Cause – Crime is produce only by one factor or variable, they are either social,
biological or mental. This theory is no longer in use at present.
b. Multiple Factor Theory – Crime is a combination of several factors. Some factors are playing a major
reason while the other is playing the minor role. This is the accepted theory of crime causation.
c. Electric Theory – Crime is one instance maybe caused by one or more factors, while in other instances it
is cause by another set of factors.

Different factor that enhances the development of criminal behavior

1. Criminal Demography – link of criminality and population.
2. Criminal Epidiomology – link of environment and criminality.
3. Criminal Ecology – relation of criminality to spatial sharing in a community.
4. Criminal Physical Anthropology – criminality in relation to physical constitution of men.
5. Criminal Psychology –human behavior in relation to criminality.
6. Victimology – study of the role of victim in the commission of crime.
Early Explanation to the Existence of Criminality
1. Crime is caused by Demon
It is true during the pagan age. Wrongful act is attributed to the will of devils or other supernatural
beings.
2. Crime is caused by Divine Will
Men manifest criminal behavior because they are sinful so God wants to punish them.
3. Classical School of Thought by Becarria
19
 Men are fundamentally a biological organism with intelligence and rationality which control their
behavior. Before men do something, they try to determine the amount of pain they will suffer and the amount
of pleasure they will receive. Their future actions will depend on the algebraic sum of the two considerations if
there will be more pain than pleasure, they will desist from doing the act.
4. Neo-Classical School of Thought
Crimes are committed in accordance with the free will of men but the act of committing a crime is
modified by some causes that finally prevail upon the person to commit crimes. These causes are pathology,
incompetence, insanity or any condition that will make it possible for the individual to exercise the free will
entirely.
5. Criminals are Born (Positive School of Thought) by Cesare Lambroso, 1835-1909.
Criminals are born with some physical characteristic which become the causes of crimes.

Crime in the Philippines

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

Other Basic Causes of Crime

1. Hatred
2. Passion- general desires and passions.
3. Personal Gain- to improve life. “Get Rich Quick”.
4. Insanity
5. Revenge- This literally means to retaliate.
6. Unpopular Laws- Laws or ordinances that is ambiguous
20
DIFFERENT CRIME THEORIES
Crime Theories
1. Biochemistry- oldest theory is known by many names: biological, constitutional, genetic, and
anthropological criminology. The oldest field is criminal anthropology, founded by the father of modern
criminology, Cesare Lombroso, in 1876. Historically, theories of the biochemistry type have tried to establish
the biological inferiority of criminals, but modern biocriminology simply says that heredity and body
organ dysfunctions produce a predisposition toward crime.
2. Psychological criminology has been around since 1914, and attempts to explain the consistent finding
that there is an eight-point IQ difference between criminals and noncriminals. Other psychocriminologists
focus on personality disorders, like the psychopaths, sociopaths, and antisocial personalities.
3. Ecological criminology was the first sociological criminology, developed during the 1920s at the
Department of Sociology at the University of Chicago. Hence, it is also called Chicago School sociology.
Ecology is the study of relationships between an organism and its environment, and this type of theory
explains crime by the disorganized eco-areas where people live rather than by the kind of people who live
there.
4. Strain, sometimes called by the French word anomie, is a 1938 American version of French sociology,
invented by the father of modern sociology, Emile Durkheim (1858-1917). This type of theory sees crime
as the normal result of an "American dream" in which people set their aspirations (for wealth, education,
occupation, any status symbol) too high, and inevitably discover strain, or goal blockages, along the way. The
only two things to do is reduce aspirations or increase opportunities.
5. Learning theories tend to follow the lead of Edwin Sutherland's theory of differential association,
developed in 1947, although ideas about imitation or modeling go back to 1890. Often oversimplified as "peer
group" theories, learning is much more than that, and involves the analysis of what is positively and negatively
rewarding (reinforcing) for individuals.
6. Control theories in criminology are all about social control. It focuses upon a person's relationships to
their agents of socialization, such as parents, teachers, preachers, coaches, scout leaders, or police officers.
7. Labeling theory - labeling or shunning reaction.
8. Conflict theory holds that society is based on conflict between competing interest groups; for example,
rich against poor, management against labor, whites against minorities, men against women, adults against
children, etc. These kind of dog-eat-dog theories also have their origins in the 1960s and 1970s, and are
characterized by the study of power and powerlessness.

21
9. Radical theories, also from the 1960s and 1970s, typically involve Marxist (referring to Karl Marx 1818-
1883).
10. Left realism is a mid-1980s British development that focuses upon the reasons why people of the
working class prey upon one another, that is, victimize other poor people of their own race and kind.
11. Peacemaking criminology came about during the 1990s as the study of how "wars" on crime only make
matters worse. It suggests that the solution to crime is to create more caring, mutually dependent
communities and strive for inner rebirth or spiritual rejuvenation (inner peace).
12. Feminist criminology matured in the 1990s, although feminist ideas have been around for decades. The
central concept is patriarchy, or male domination, as the main cause of crime.
13. Postmodern criminology matured in the 1990s, although postmodernism itself (as a rejection of scientific
rationality to the pursuit of knowledge) was born in the late 1960s. It tends to focus upon how stereotypical
words, thoughts, and conceptions limit our understanding, and how crime develops from feelings of being
disconnected and dehumanized. It advocates replacing our current legal system with informal social
controls such as group and neighborhood tribunals.

THEORETICAL EXPLANATION ON WHY PEOPLE COMMITS CRIME

1. Social Structure Theories

1.1. Social Disorganization (Neighborhoods)
Based on the work of Henry McKay and Clifford R. Shaw of the Chicago School. Social
disorganization theory postulates that neighborhoods plagued with poverty and economic deprivation tend
to experience high rates of population turnover. Informal social structure often fails to develop, which in turn
makes it difficult to maintain social order in a community.
1.2. Social Ecology
Since the 1970s, social ecology studies have built on the social disorganization theories. Many studies
have found that crime rates are associated with poverty, disorder, high numbers of abandoned buildings,
and other signs of community deterioration.
1.3. Strain Theory (Social Class)
Strain Theories have been advanced by Merton (1938), Cohen (1955), Cloward and Ohlin (1960),
Agnew (1992), and Messner and Rosenfeld (1994). Strain may be either:

 Structural: societal level filters down and affect how the individual perceives his or her needs. or
 Individual: this refers to the frictions and pains experienced by an individual as he or she looks
for ways to satisfy his or her needs.

22
 Robert Merton-suggests that mainstream culture, especially in the United States, is saturated with
dreams of opportunity, freedom and prosperity; as Merton put it, the American Dream.
Albert Cohen-tied anomie theory with Freud's reaction formation idea,
suggesting that delinquency among lower class youths is a reaction against the social norms of the middle
class. From poorer areas where opportunities are scarce, might adopt social norms specific to those places
which may include "toughness" and disrespect for authority. Robert Agnew-In the
1990s, self-generated norms, focused on an individual's immediate social environment. Individual's actual or
anticipated failure to achieve positively valued goals, actual or anticipated removal of positively valued stimuli,
and actual or anticipated presentation of negative stimuli all result in strain. Richard
Cloward and Lloyd Ohlin-suggested that deliquency can result from differential opportunity for lower class
youth. Such youths may be tempted to take up criminal activities, choosing an illegitimate path that provides
them more lucrative economic benefits than conventional, over legal options such as minimum wage-paying
jobs available to Steven F. Messner and Richard Rosenfeld (1994).
1.4. Subcultural theory
Focused on small cultural groups fragmenting away from the mainstream
to form their own values and meanings about life. The primary focus is on juvenile delinquency
because theorists believe that if this pattern of offending can be understood and controlled, it will break the
transition from teenage offender into habitual criminal. Culture is all that is transmitted socially rather
than biologically, representing the norms, customs and values against which behaviour is judged by the
majority.

2. Individual Theories
2.1 Trait Theories
Biosocial and psychological trait theories have emerged in modern criminology, as scientific knowledge
of genetics, biochemistry, and neurology has grown. Biosocial theorists believe in equipotentiality and that
genetics significantly influence human behavior. They believe that biological factors, together with
environmental and social factors, influence a person's propensity for crime.
2.2. Control Theories
Another approach is made by the social bond or social control theory. Instead of looking for
factors that make people become criminal, those theories try to explain why people do not become
criminal.

Travis Hirschi identified four main characteristics:

1. Attachment to others 2. Belief in moral validity of rules

23
 3. Commitment to achievement and 4. Involvement in conventional activities

Hirschi expanded on this theory, with the idea that a person with
low self-control is more likely to become criminal. Social bonds, through peers, parents, and others, can have
a countering effect on one's low self-control. In criminology, Social Control Theory as
represented in the work of Travis Hirschi fits into the Positivist School, Neo-Classical School, and, later, Right
Realism. It proposes that exploiting the process of socialization and social learning builds self-control and
reduces the inclination to indulge in behaviour recognised as antisocial.

Social Control Theory (later also called Social Bonding Theory) proposes that people's
relationships, commitments, values, norms, and beliefs encourage them not to break the law. Thus, if moral
codes are internalized and individuals are tied into, and have a stake in their wider community, they will
voluntarily limit their propensity to commit deviant acts.

2.3. Symbolic Interactionism

Symbolic interactionism draws on the phenomenology of Edmund Husserl and George Herbert
Mead, as well as subcultural theory and conflict theory. This school of thought focused on the relationship
between the powerful state, media and conservative ruling elite on the one hand, and the less
powerful groups on the other. The powerful groups had the ability to become the 'significant other' in the
less powerful groups' processes of generating meaning.

3. Drift theory
David Matza (1964) also adopted the concept of free will. Delinquent youth were neither
compelled nor committed to their delinquent actions, but were simply less receptive to other more
conventional traditions. Thus, delinquent youth were "drifting" between criminal and non-criminal behaviour,
and were relatively free to choose whether to take part in delinquency.

4. Routine Activity Theory

Developed by Marcus Felson and Lawrence Cohen, drew upon control theories and explained crime
in terms of crime opportunities that occur in everyday life. A crime opportunity requires that elements
converge in time and place including (1) a motivated offender (2) suitable target or victim (3) lack of a
capable guardian.

5. Anomie

24
 In contemporary English, means a condition or malaise in individuals, characterized by an absence
or diminution of standards or values. When applied to a government or society, anomie implies a social
unrest or chaos.
The word comes from Greek, namely the prefix a- “without”, and nomos “law”.
Anomie is a reaction against or a retreat from the regulatory social controls of society.
Anomie defined anything or anyone against or outside the law, or a condition where the current laws were not
applied resulting in a state of illegitimacy or lawlessness.

Anomie = Lack of Regulation / Breakdown of Norms

6. Rational Choice Theory

Rational choice theory is based on the utilitarian, classical school philosophies of Cesare Beccaria,
which were popularized by Jeremy Bentham. They argued that punishment, if certain, swift, and proportionate
to the crime, was a deterrent for crime, with risks outweighing possible benefits to the offender.

Motives and Causes of Crime

(Criminology and other Fields)

Theory Motive
Demonology (5,000BC-1692AD) Demonic Influence
Astrology (3500 BC-1630 AD) Zodiac/Planetary Influence
Theology (1215 BC-present) God's will
Medicine (3000 BC -present) Natural illness
Education (1642-present) Academic underachievement/bad teachers
Psychiatry (1795-present) Mental illness
Psychoanalysis (1895-present) Subconscious guilt/defense mechanisms
Classical School of Criminology (1690--) Free will/reason/hedonism
Positive School of Criminology (1840--) Determinism/beyond control of individual
Phrenology (1770-1875) Bumps on head
Cartography (1800-present) Geographic location/climate
Mental Testing (1895-present) Feeble-mindedness/retardation/low IQ
Osteopathy (1892-present) Abnormalities of bones or joints
Chiropractics (1895-present) Misalignment of spine/nerves
Imitation (1843-1905) Mind on mind crowd influences
Economics (1818-present) Poverty/economic need/ consumerism
Case Study Approach (1909-present) Emotional/social development
Social Work (1903-present) Community/individual relations
Sociology (1908-present) Social/environmental factors

25
Castration (1907-1947)
Ecology (1927-present)
Transexualism (1937-1969)
Psychosurgery (1935-1959)
Culture Conflict (1938-1980)
Differential Association (1939-present)
Anomie (1938-present)
Differential Opportunity (1961-present)
Alienation (1938-1975)
Identity (1942-1980)
Identification (1950-1955)
Containment (1961-1971)
Prisonization (1940-1970)
Gang Formation (1927-present)
Behavior Modification (1938-1959)
Social Defense (1947-1971)
Guided Group Interaction (1958-1971)
Interpersonal Maturity (1965-1983)
Sociometry (1958-1969)
Dysfunctional Families (1958-present)
White-collar Crime (1945-present)
Control Theory (1961-present)
Strain Theory (1954-present)
Subcultures (1955-present)
Labeling Theory (1963-1976)
Drift (1964-1984)
Reality Therapy (1965-1975)
Gestalt Therapy (1969-1975)
Transactional Analysis (1961-1974)
Learning Disabilities (1952-1984)
Biodynamics (1955-1962)
Nutrition and Diet (1979-present)
Metabolism (1950-1970)
Biofeedback (1974-1981)
Biosocial Criminology (1977-1989)
The "New Criminology" (1973-1983)
Conflict Criminology (1969-present)
Critical Criminology (1973-present)
Radical Criminology (1976-present)
Left Realism (1984-present)
26
Secretion of androgen from testes
Relation of person with environment
Trapped in body of wrong sex
Frontal lobe dysfunction/need lobotomy
Conflict of customs from "old" country
Learning from bad companions
State of normlessness/goal-means gap
Absence of legitimate opportunities
Frustration/feeling cut off from others
Hostile attitude/crisis/sense of sameness
Making heroes out of legendary criminals
Outer temptation/inner resistance balance
Customs and folkways of prison culture
Need for acceptance, status, belonging
Reward/Punishment Programming
Soft targets/absence of crime prevention
Absence of self-responsibility/discussion
Unsocialized, subcultural responses
One's place in group network system
Members "feed off" other's neurosis
Cutting corners/bordering on illegal
Weak social bonds/natural predispositions
Anger, relative deprivation, inequality
Criminal values as normal within group
Self-fulfilling prophecies/name-calling
Sense of limbo/living in two worlds
Failure to face reality
Perception of small part of "big picture"
No communication between inner parent-adult-child
School failure/relying on "crutch"
Lack of harmony with environment
Imbalances in mineral/vitamin content
Imbalance in metabolic system
Involuntary reactions to stress
Environment triggers inherited "markers"
Ruling class oppression
Structural barriers to class interests
Segmented group formations
Inarticulation of theory/praxis
Working class prey on one another
Criminal Personality (1976-1980)
Criminal Pathways Theory (1979-present)
Feminism (1980-present)
Low Self Control Theory (1993-present)
General Strain Theory (1994-present)
53 errors in thinking
Critical turning/tipping points in life events
Patriarchial power structures
Impulsiveness, Sensation-seeking
Stress, Hassles, Interpersonal Relations

CHAPTER 6

FACTORS AFFECTING DEVELOPMENT AND EXISTENCE OF CRIMES AND CRIMINALITY

These factors are:

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

A. The Geographical Factors

Geography and Crimes

1. North and South Pole– According to the Quetelet “Thermic Law of Delinquency,” crimes against
person predominate in the South Pole and during warm season while crimes against property predominate in
the North Pole and cold countries.

2. Approach to the Equator– According to the Montesquieu (Spirits of Laws, 1748) criminality increase in
proportion as one approach the equator and drunkenness increase as one approaches the north and
South Pole.
3. Season of the Year– Crimes against person is more in summer than in rainy season. Climatic
condition directly affects one’s irritability and cause criminality. During dry season, people get out of the house
more, and there is more contact and consequently more probability of personal violence.

27
4. Soil Formation– More crimes of violence are recorded in fertile level lands than in hilly rugged
terrain. Here are more congregations of people and there is more irritation. There is also more incidence of
rape in level districts.

5. Month of the Year– there is more incidences of violent crimes during warm months from April up to
July having its peak in May. This is due to May Festivals, excursion, picnics and other sorts of festivities
wherein people are more in contact with one another.

6. Temperature– According to Dexter, the number of arrest increases quite regularly with the increase
of temperature affects the emotional state of the individual and leads to fighting. The influence of
temperature upon females is greater than upon males.

7. Humidity and Atmosphere Pressure– According to survey, large numbers of assaults are to be
found correlated with low humidity and a small number with high humidity. It was explained that low
and high humidity are both vitality and emotionally depressing to the individual.

8. Wind Velocity– under the same study, it was explained that during high wind, the number of arrest
were less. It may be due to the presence of more carbon dioxide in the atmosphere that lessens the vitality
of men to commit violence.

B. Biological Factors
A man as a living organism has been the object of several studies which has the purpose of
determining the causes of his crimes.

Anthropological Criminology

It is sometimes referred to as criminal anthropology, literally a combination of the study of the human
species and the study of criminals. Based on perceived links between the nature of a crime and the
personality or physical appearance of the offender.

Theories of Criminal Anthropology

1. Physiognomy- founded by J. Baptiste Della Porte.

The physiognomist Johann Kaspar Lavater (1741-1801) was one of the first to suggest a link

28
between facial figures and crime. Victor Hugo referred to his work in Les Misérables, about what he would
have said about Thénardier's face. The philosopher Jacob Fries (1773–1843) also suggested a link
between crime and physical appearance when he published a criminal anthropology handbook in 1820.
Physiognomy is a theory based upon the idea that the assessment of the person's outer appearance,
primarily the face, may give insights into one's character or personality.

2. Phrenology-from Greek: "mind"; and logos, "knowledge") is a theory which claims to be able to
determine character, personality traits and criminality on the basis of the shape of the head (i.e., by reading
"bumps" and "fissures"). Franz Joseph Gall then
developed in 1810 his work on craniology; in which he alleged that crime was one of the behaviors
organically controlled by a specific area of the brain. In 1843, François Magendie referred to phrenology as
"a pseudo-science of the present day"
Phrenology is based on the concept that the brain is the organ of the mind, and that certain
brain areas have localized, specific functions or modules.
Phrenology, which focuses on personality and character, should be
distinguished from craniometry, which is the study of skull size, weight and shape, and physiognomy, the
study of facial features.

3. Study of Physical Defects and Handicapped in relation to crimes– Leaders of notorious criminal
groups are usually nicknamed in accordinance with their physical defects and handicapped such as funny
words “Dodong Pilay”, “Ashiong Bingot”, “Densiong Unano”, “Roger Komaang” and others.
4. Study of Kretschmer by classifying Types of Physique and type of crimes they are prone to commit:
a. Pyknic Type- those who are stout and with round bodies. They tend to commit deception, fraud and
violence.
b. Athletic Type- those who are muscular and strong. They are usually connected with crimes or violence.
c. Asthenic Type- those who are skinny and slender. Their crimes are petty thieves and fraud.
d. Dysplastic or Mixed Type– those who are less clear evident having any predominant type. Their offenses
are against decency and morality.

5. Study of William Sheldon (Varieties of Delinquent Youth)

Somatotype Theory
a. Ectomorphic- long arms and legs and a short upper body and narrow shoulders, and
supposedly has a higher proportion of nervous tissue. They also have long and thin muscles. Ectomorphs
usually have a very low fat storage; therefore they are usually referred to as slim.
29
 b. Mesomorphic- characterized by a high rate of muscle
growth and a higher proportion of muscular tissue. They have large bones, solid torso combined with low
fat levels. It is also noted that they have wide shoulders with a narrow waist.
c. Endomorphic- characterized by an increased amount of fat storage,
due to having a larger number of fat cells than the average person, as well as higher proportion of digestive
tissue.

Study of Heredity as the Cause of Crimes

The common household expression like “it is in the blood” “like father like son”.

The following are some proofs to show the role of heredity in the development of
criminality:

1. Study of Kallikkak Family Tree - Henry H. Goddard

He is known especially for his 1912 work The Kallikak Family: A Study in the Heredity of
Feeble-Mindedness. He also introduced the term "moron" into the field.
Goddard invented the pseudonym Kallikak by combining a Greek root meaning "beauty" (kallos)
with one meaning "bad" (kakos). The lesson was clear and dramatic: the study linked medical and moral
deviance and fused the new mendelian laws with the old biblical injunction that "the sins of the fathers
shall be visited on the sons."
2. Study of Juke Family Tree (Dugdale and Estabrook)
The 19th-century view of "degeneracy" (roughly synonymous with "bad heredity") led theorists to
conceive of social problems such as insanity, poverty, intemperance, and criminality — as well as idiocy — as
interchangeable. This view was expounded in The Jukes: A Study in Crime, Pauperism, Disease, and
Heredity (Richard Dugdale, 1875), a study of a rural clan that "over seven generations produced 1,200
bastards, beggars, murderers, prostitutes, thieves and syphilitics."

From Juke Family:

a. 310 who died as paupers,
b. 150 were criminals,
c. 7 were murderers,
d. 100 were drunkards, and more than half of the women were prostitutes.

3. Study of Sir Jonathan Edwards Family Tree

30
 Sir Jonathan Edwards was a famous preacher during the colonial period. Then his family tree was
traced none of the descendants was found to be criminal.

From Edwards Family:

a. practically no lawbreakers
b. more than 100 lawyers, 30 judges
c. 13 college presidents and hundred and more professors
d. 60 physicians
e. 100 clergymen, missionaries, and theological professors
f. 80 elected to public office, including 3 mayors, 3 governors, several members of congress, 3 senators, and 1
vice president
g. 60 have attained prominance in authorship or editorial life, with 135 books of merit
h. 75 army or navy officers
i. An addendum of a family found after the book was in type reports 2 more physicians and a comptroller of
the U.S. treasury.

C. Psychoanalytic and Psychiatric Factors

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

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

1. Aichorn in his book entitled Wayward Youth, 1925 said the cause of crime and delinquency is the fault
development of child during the first few years of his life (faulty ego-development)
2. Abrahamsen in his crime and the human mind, 1945 explained the causes of crime through formula (CB =
CT + Inducing situation / PMRT
3. Cyrill Burt (Young Delinquent, 1925) gave the theory of General emotionality. Excess or a deficiency of a
particular instinct account for the tendency of many criminals to be weak willed or easily led. Callous type
of offenders may be due to the deficiency in the primitive emotion of love and an excuse of the instinct of
hate.

31
4. Healy (individual Delinquency) claimed that crime is an expression of the mental content of the individual.
Frustration of the individual causes emotional discomfort; personality demands removal of pain and pain is
eliminated by substitute behavior, that is, crime delinquency of the individual.
5. Bromberg (Crime and the mind, 1946) claimed that criminality is the result of emotional immaturity.
6. Sigmund Freud (The Ego and the Id., 1927) in his Psychoanalytical theory of human personality and
crimes has the following explanations.
a. Id-pleasure principle Selfishness, violence, and anti-social wishes are part of the original instinct of man.

b. Ego- The child begins to acquire an awareness of one self-instinct from the environment. Decisions are
reached in terms of reality principle.
c. Super Ego-means the conscience of man. The super-ego tries to correct or control the ego and may be
represented by the voice of God. Moral truth, Commandments of society, good for the whole will of the
majority, cultural conventions and other rules.

Psychiatry
Is a branch of medicine which exists to study, prevent, and treat mental disorders in humans.

Mental Disturbance as Cause of Crimes

1. Mental Deficiency – a condition or incomplete development of the mind existing before the age of 18,
whether arising from the inherent causes or induce by disease or injury. Mentally deficient person are prone to
commit malicious damage to property and unnatural sex offenses. They may commit violent crimes but
definitely not crimes involving the use of mentality.

Classes of Mental Deficiency:

a. Idiot– Their mentality is compared to a 2 years old person.
b. Imbecile– Their mentality is like a child of 2 to 7 years old.
c. Feeble-minded Person– Not amounting to imbecility is yet so pronounce that they required care,
supervision and control for their own or for the protection of others.
d. Schizophrenia– this is something called dementia praecox which is a form of psychosis characterized by
thinking disturbance and regression to a more relatively impaired and intellectual functions are well
preserve. The personal appearance is dilapidated and the patient is liable to impulsive acts, destructively and
may commit suicide.
e. Compulsive Neurosis– this is the uncontrollable or irresistible impulse to do something.
This neurosis maybe in the following forms:
1. Pyromania– compulsive desire to set fire.
32
2. Homicidal Compulsion– the irresistible urge to kill somebody.
3. Kleptomania– the completive desire to steal.
4. Dipsomania– the compulsive desire to drink alcohol.

f. Psychopathic Personality– this is the most important cause of criminality among youthful offenders and
habitual criminals. This is characterized by infantile level of response lack of conscience, deficient feeling
of affection to other and aggression to environment and other people.

g. Epilepsy– this is a condition characterized by conclusive seizure and a tendency to mental deterioration.
The seizure may result to extreme loss of consciousness. During the attack the person become muscularly
rigid, respiration cases, froth on the mouth and tongue maybe bitter. Just before the actual convulsion, there
may be mental confusion, hallucination or delusion and may commit violent crimes with out provocation. After
the attack, the person may be at the state of altered consciousness and may wonder from one place to
another and inflict bodily harm.

h. Alcoholism– this is a form of vice causing mental disturbance. Person is under the influence of liquor may
commit violent crimes and inflict physical injuries. Habitual drunkard may commit suicide, sex offence and
exquisites crimes. Young children, likewise, may become delinquent.

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

D. Sociological Causes of Crimes

Sociological causes refer to things, place and people with whom we come in contact which play
a part in determining out actions and conduct.

Sociological Theories of the Causes of Crimes

1. Differential Association Theory (DAT)
In criminology, Differential Association(1883–1950) is a theory developed by Edwin Sutherland
proposing that through interaction with others, individuals learn the values, attitudes, techniques, and motives
for criminal behavior.
He was the author of the leading text Criminology, published in 1924, first stating the principle of
differential association in the third edition retitled Principles of Criminology. He coined the phrase white-
collar criminal in a speech to the American Sociological Association on December 27, 1939.

33
Note: Edwin Sutherland was known as the Father of American Criminology
2. Differencial Identification Theory by Daniel Classer
A person with the propensities of becoming a thief will consider thieves as their ideal person to identify
themselves. It may be done by identifying themselves with character in movies, radio and televisions.
3. Imitation-Suggestion, Theory of Gabriel Tarde
The learning process may either be conscious type of copying (imitation) or unconscious copying
(suggestion) of confronting patterns of behavior.
4. Differential Social Organization Theory
This is sometimes called social disorganization; there is social disorganization when there is a social
change, conflict of values between the new and the old. ;
There is lack of well-defined limit to behavior, a breakdown of rules and absence of definite
role for the adolecence to play.
5. Conflict of Culture Theory by Thorsten Sellin
It was emphasized that the multiflicity of flicting culture is the principal source of social disorganization.
The high crime and delinquency rates of certain ethics or racial group is explained by theire exposure to
diverse and incongruent standards and codes of larger society.
6. Containment Theory by Reckless
Accordingly, criminality is brought about by the inability of the group to contain the behavior of its
group and that of effective containment of the individual into the value of system and structure of society will
minimize the crime.

Other Sociological Causes of Crime

1. Lack of Parental Guidance- today’s delinquent is tomorrow’s Criminal.
2. Broken Homes and Family
3. Injuring Status of Neighborhood
The residence is slum or impoverished areas will lower the social status of the child. As a rule, people
are influenced by these surroundings and often get in trouble.
4. Bad association with Criminal Groups
The old age that says, “One bad apple will spoil a barrel of good ones”.
5. Lack of Recreational Facilities for Proper use of Leisure Time
An idle mind is the devil’s workshop.
6. Lack of Employment

E. Other Criminogenic Factors or Causes of Crimes

34
a. Failure of the School in Character Development of the Children and the Youth.
b. The Mass Communication Media develop an artificial environment of crimes and delinquency and
influence the public to violate the law.
c. Political causes may bring about on artificial set or crime
1. There are too many laws and ordinances passed and violated.
2. The police and other law enforcement agencies are enforcing the laws carelessly and the people are
impressed with the idea that they can break the law with impunity from punishment and arrest.
3. Leniency of the courts to imposed stiffer penalties which encourage commission of crimes etc...

CHAPTER 7

PENOLOGY AND VICTIMOLOGY

Penology
It is concerned with the control and prevention of crime and the treatment of youthful offenders.

Penologist
A person who studies the science or art of punishment.

Retribution
Many of the early professional specialists were experts at execution, torture, and mutilation.  The
Code of Hammurabi (circa 1700 B.C., often cited as the world's first legal code) justice is in the form of
"life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound
for wound, and stripe for stripe". 

Exodus 21:23-25
Punishment of this type follows the principle of lex talionis (the law of retaliation), and it is based on
the notion of talion (or equivalence between crime and its punishment).

35
Principles in the Philosophy of Retribution

1. Proportionality
2. Just desert-is the right term if we consider the culpability (degree of intent or willfulness) of each offender
in addition to the ranked seriousness of their offense.Punishment is deserved with no idea of vengeance or
ritribution. 
3. Equity-if we take consistency to the extreme and see to it that all offenders who commit the same crime
with the same degree of culpability get exactly the same punishment.
4. Reciprocity-if we look at the punishment as a natural part of the social order and feel satisfied that the
offender has been appropriately punished. 
5. Retributive-if the offender happens to agree with the appropriateness of the punishment, or at least
accepts some blame or shows remorse, or the upholding of human dignity through the mutual acceptance of a
fair and just punishment.  Simply called the justice model by David Fogel (1975) in the book, We Are the
Living Proof: The Justice Model for Corrections.  Basically, the justice model is a rejection of all hopes
for rehabilitation and the indeterminate sentence. 

Utilitarianism
The philosophy of utilitarianism developed at a time in history when intellectuals were
concerned with the idea of social contract. Social Contract consists basically of the doctrine that an
individual is only bound to society by their consent, and that through this consent (often implied if the person
remains in that society and doesn't move), society has a reciprocal responsibility to them (such as protecting
their life, property, and welfare). Such intellectuals as Montesquieu (1689-1755), Voltaire (1694-1778),
Rousseau (1712-1778), Beccaria (1738-1794), and Bentham (1748-1832) all played a large part in shaping
the philosophy of utilitarianism, as did others. 

Utilitarian Perspective
The root word in utilitarianism is "utility" which means "useful." Punishment exists to ensure
the continuance of society and to deter people from committing crimes.  Deterrence comes, not from trying to
be harsh, but from punishment that is appropriate (severity), prompt (celerity), and inevitable (certainty). 

Kinds of Deterrence

36
1. Specific Deterrence (Individual Deterrence) often takes the form of an older principle called
incapacitation.  The idea is to make it impossible for an individual to commit another crime, at least while
they're in prison

2. General Deterrence (Societal Deterrence) is what most people mean when they speak of
deterrence.  The principle here is that others (potential criminals) will want to avoid criminal behavior
because of the example provided by punishment

Redemption and Restorative Justice

Restorative justice approaches are sometimes called communitarian, reintegrative or redemptive

approaches try to maximize forgiveness, hope, accountability, and positive outcomes for all parties,
especially but not limited to communities which have experienced the most harm and could benefit the most
from harm reversal.  The Catechism of the Catholic Church (Article 5, section
2266) provides the classic statement on redemption as a philosophy of punishment.

Punishment

Capital Punishment (before penal servitude)

Death
Many, in fact most, death sentences were not carried out. Through benefit of clergy, use of pardons,
and respited sentences due to pregnancy or in order to perform military or naval duty, many of those
sentenced to death were not actually executed.

a. Death with Dissection and Hanging in Chains

b. Death by hanging

Some Methods of Capital Punishment

a. Asphyxiation (or strangulation)

b. Boiling to death
c. Burning, for religious heretics and witches on the stake
d. Breaking wheel
e. Burial (alive, also known as the pit)
f. Decapitation, or beheading (as by sword, axe or guillotine)
g. Drowning
37
h. Electrocution (also electric chair)
i. Exposure in animal skin
j. Guillotine
k. Poisoning ( natural poisons)
l. Sawing
m. Shooting can be performed either
n. Slow slicing
o. Stabbing
p. Starvation and Dehydration (sometimes as immurement)
q. Stoning
r. quartering (through horses, dogs, crocodiles, insects etc.)
s. death flights

Punishments used in the 18th and 19th century

Transportation
Transportation was when convicts were sent out to the British colonies in the Americas and Australia
and either sold into slavery (America) or forced to fend for themselves and live in penal colonies (Australia).

Branding
The offender was scarred with a hot iron on the flesh part of the hand or on the cheek. A
murderer would be branded with the letter 'M', vagrants with the letter 'V' and with the letter 'S' for slave.
Note: Branding was abolished in 1799.

The Pillory
Is one of the most popular punishments of the later 17th century.
Note: The Pillory was eventually abolished in 1837.

Corporal Punishment
Corporal Punishment was retained as a punishment for a lot longer than either the stocks or the pillory.

Forms of Corporal Punishment

a. Whipping- whipping post- cat-o-nine-tails

b. Public humiliation-for women who had been accused of scandalous language,
gossip or nagging there was a contraption, known as the 'scolds bridle' or 'brank'. One of the most vicious
forms of corporal punishment was the 'Scavengers Daughter' (body clamp).
38
The Development of Prison as a Punishment
At the beginning of the 19th century there was a growing disinclination in England of
imposing any public punishment such as whipping and the gallows, this led to a growing use of confinement
as punishment. In 1808 Samuel Romily led a campaign to restructure the
criminal law system by radically decreasing the use of the death penalty.

Imprisonment as a Modern form of Punishment

A prison, penal penitentiary, or correctional facility is a place in which individuals are
physically confined or interned and usually deprived of a range of personal freedoms. Prisons are
conventionally institutions which form part of the criminal justice system of a country, such that
imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a
crime. In popular parlance of many
countries, the terms jail or gaol are considered synonymous with prison, although legally these are often
distinct institutions. The first
"modern" prisons of the early 19th Century were sometimes known by the term "penitentiary" (a term still
used by some prisons in the USA today): as the name suggests, the goal of these facilities was that of
penance by the prisoners, through a regimen of strict disciplines, silent reflections, and maybe forced labor on
treadwheels and the like (Auburn system).

Bureau of Correction in the Philippines

The main penitentiary was the Old Bilibid Prison on Oroquieta Street in Manila, which
was established in 1847. It was formally opened on April 10, 1866 by a Royal Decree. 
About four years later, on August 21, 1870, the San Ramon Prison and Penal
Farm in Zamboanga City was established to confine Muslim rebels and recalcitrant political prisoners
opposed to the Spanish rule. The facility, which faced the Jolo Sea, had Spanish-inspired dormitories and
was originally set on a 1,414-hectare sprawling estate. When the Americans took over in the
1900s, the Bureau of Prisons was created under the Reorganization Act of 1905 (Act No. 1407 dated
November 1, 1905) as an agency under the Department of Commerce and Police.  It also paved the way for
the re-establishment of San Ramon Prison in 1907, which was destroyed in 1898 during the Spanish-American
War.  Before the reconstruction of San Ramon Prison, the Americans established in 1904 the Luhit penal
settlement (now Iwahig Prison and Penal Farm) on a vast reservation of 28,072 hectares.  It would
reach a total land area of 40,000 hectares in the late 1950s.  The area was expanded to 41,007 hectares by
virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912. On
November 27, 1929, the Correctional Institution for Women (CIW) was created under Act No. 3579 to

39
date; it is the only prison facility for women. In the country, the Davao Penal Colony in Southern
Mindanao was opened in January 21, 1932 under Act No. 3732.  Owing to the increasing number of
committals to the Old Bilibid Prison in Manila, the New Bilibid Prison was established in 1935 in the southern
suburb of Muntinlupa, Rizal.  After the American regime, the Sablayan Prison and Penal Farm in
Occidental Mindoro under Proclamation No. 72 was issued on September 26, 1954 and Leyte
Regional Prison under Proclamation No. 1101 issued on January 16, 1973.
The Bureau of Prisons
was renamed Bureau of Corrections under the New Administrative Code of 1987 and Proclamation
No. 495    issued on November 22, 1989.  It is one of the attached agencies of the Department of Justice.

Important to Remember:

Old Bilibid Prison:  known as the “Carcel y Presidio Correccional” and could accommodate 1,127
prisoners.  The Carcel was designed to house 600 prisoners who were segregated according to class, sex and
crime while the Presidio could accommodate 527   prisoners. The prison occupied a quadrangular piece of
land 180 meters long on each side, which was formerly a part of the Mayhalique Estate in the heart of
Manila. The Bureau of Prisons had a ship, the BUPRi that transported goods and prisoners to all
penal establishments in the country. In 1940, the entire prison population including security facilities and
equipment were transferred to a new site in Muntinlupa.  A portion was left to serve as the Manila office of the
Bureau of Prisons.  Remaining edifices were used to house the Manila City Jail. New
Bilibid Prison (NBP):  Accordingly, Commonwealth Act No. 67 was enacted, appropriating one million
pesos for the construction of a new national prison in Muntinlupa. On November 15, 1940, all inmates of
the Old Bilibid Prison in Manila were transferred to the new site. It had a capacity of 3,000 prisoners and it
was officially named the New Bilibid Prison on January 22, 1941. The prison reservation had an area of
587 hectares.  The prison compound proper had an area of 300 x 300 meters or a total of 9 hectares. 
It has maximum security compound in
the ‘70s and continues to be so. Another facility was constructed. The NBP expanded with the construction of
new security facilities such as Camp Sampaguita or the Medium Security Camp which served as a
military stockade during martial law and the Minimum Security Camp, whose first site was christened
Bukang Liwayway. On January 22, 1941 the electric chair was transferred to New Bilibid Prison.

Correctional Institution for Women (CIW

After a series of negotiations started by Prison Director Ramon Victorio, the Philippine
Legislature passed Republic Act No. 3579 in November, 1929. It authorized the transfer of all women
inmates to a building in Welfareville at Mandaluyong, Rizal. On February 14, 1931, the women prisoners
40
were transferred from the Old Bilibid Prison to the building especially constructed for them.  Its old name,
Women’s Prison, was changed to Correctional Institution for Women and it occupied 18 hectares. 

Fort Bonifacio Prison:  A committee report submitted to then President Carlos P. Garcia described Fort
Bonifacio, formerly known as Fort William McKinley, as a military reservation located in Makati, which was
established after the Americans came  to the Philippines. The prison was originally used as a detention center
for offenders of US military laws and ordinances.During the administration of President Diosdado Macapagal,
the Fort was renamed Fort Andres Bonifacio. The correctional facility was also renamed Fort Bonifacio
Prison.  The one-story building now stands on a one-hectare area.

Iwahig Penal Colony:  Puerto Princesa was selected as the site for a correctional facility.  The institution
had for its first Superintendent Lt. George Wolfe, a member of the U.S. expeditionary force, who later
became the first prisons director. Governor Luke Wright authorized the establishment of a penal
colony in the province of Palawan on November 16, 1904. This penal settlement, which originally comprised an
area of 22 acres, originally served as a depository for prisoners who could not be accommodated at the Bilibid
Prison in Manila. In 1906, however, the Department of Commerce and Police (which later became the
Department of Public Instruction) moved to turn the institution into the center of a penal colony supervised in
accordance with trends at the time. Through the department’s efforts, the Philippine Commission of the United
States government passed Act No. 1723 in 1907 classifying the settlement as a penal institution. In 1955,
Administrative Order No. 20 was promulgated by the President and implemented by the Secretary of
Justice and the Secretary of Agriculture and Natural Resources. This order allowed the distribution of
colonylands for cultivation by deserving colonists. The order also contained a list of qualifications for colonists
who wished to apply for a lot to cultivate, the conditions for the settler’s stay in his land, loan requirements
and marketing of the settlers’ produce. Lots granted did not exceed six hectares.       

Four Subdivisions of Iwahig into Zones or Districts

1. Central sub-colony with an area of 14,700 hectares

2. Sta. Lucia with 9,685 hectares

3. Montible with 8,000 hectares and

4. Inagawan with 13,000 hectares.

41
San Ramon Prison and Penal Farm: It was established in Southern Zamboanga on August 21, 1870
through a royal decree promulgated in 1869.  Established during the tenure of Governor General Ramon
Blanco (whose patron saint the prison was named after), the facility was originally established for persons
convicted of political crimes.      Prisoners in San Ramon were required to do agricultural
work. On November 1, 1905, Reorganization Act No. 1407 was approved creating the Bureau of Prisons
under the Department  of  Commerce  and  Police,  integrating  the Old Bilibid Prison,  San  Ramon Penal 
Colony  and Iwahig Penal. The Philippine Coconut Authority took over management of the coconut farm
from San Ramon.

Davao Penal Colony:  The Davao Penal Colony is the first penal settlement founded and organized under
Filipino administration. The settlement, which originally had an area of approximately 30,000 hectares in the
districts of Panabo and Tagum, Davao del Norte, was formally established on January 21, 1932 by
virtue of Act No. 3732.  This Act authorized the Governor-General to lease or sell the lands, buildings
and improvements in San Ramon Prison and Iwahig Penal Colony. During World War II, it was converted into
a concentration camp where more than 1,000 Japanese internees were committed by the Philippine-
American Armed Forces.   In 1953, the colony ventured into abaca
farming.About 500 hectares of the Davao Penal Colony used to be planted to abaca. It later became an
agricultural estate for Cavendish banana.

Sablayan Prison and Penal Farm- It is located in Occidental Mindoro and relatively new.  Established on
September 26, 1954 by virtue of Presidential Proclamation No. 72, the penal colony has a total land area
of approximately 16,190 hectares.Prison records show that the first colonists and employees arrived in
Sablayan on January 15, 1955.  It was used by the national government as a   relocation
site for refugees from the eruption of Mt. Pinatubo eruption in 1991.

Leyte Regional Prison -The Leyte Regional Prison, situated in Abuyog, Southern Leyte, was established a
year after the declaration of martial law in 1972 by virtue of Presidential Decree No. 28
The LRP has an inmate capacity of 500. It follows the same agricultural format
as the main correctional program in addition to some rehabilitation activities.  The prison admits convicted
offenders from Region VI and from the national penitentiary in Muntinlupa

The Purpose of Prison

1. Punishment
2. Deterrence and
3. Rehabilitation

42
Responsibilities of Prisons

1. The safekeeping of all inmates;

2. The maintaining and improving of welfare of all confined within it;

3. And the performance of these objectives with the maximum of efficiency and economy.

The Psychological Effects of Imprisonment

Prison Structure
Lately, no form of torture could have been worse than solitary confinement because it ended up
causing within many prisoners adverse psychological effects such as:

 delusions,
 dissatisfaction with life,
 claustrophobia,
 depression,
 feelings of panic,
 And on many instances madness.

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

The Needs of Prisoner

Prison Subcultures

Physical and Psychological Victimization

Effects of being victimized include:

1. feeling helplessness and depression,

2. physical injury,

3. disruption of social relationships,

4. damaged self-image,
43
 5. self-mutilation and suicide,

6. psychosomatic disease,

7. also increased difficulties in adjusting to life after release.

Four short-term effects that have been noted by prison psychologists include feelings of:

1. Guilt– particularly in men who get an erection and feel as though they were active participants.

2. Shame– at not being able to defend ones self and their masculine inadequacies

3. Suicidal Tendencies– due to fear of continued victimization or the possibility of having contracted
diseases, and

4. Fear of becoming, or having become homosexual

Crowding

Riots

Prison Suicide

The Role of Prison Psychologists

Rehabilitation Programs for Prisoners in the Philippines

Rehabilitation- it means to restore to useful life, as through therapy and education or to restore to good
condition, operation, or capacity.

Process of Classification
Classification is a method by which diagnosis, treatment, planning and execution of treatment
programs are coordinated in the individual case. For this purpose, the following are the three (3) phases of the
classification process, namely:

1. Diagnosis
2. Treatment planning
3. Execution of treatment program
44
Rehabilitation Programs

1. Employment of Prisoners

2. Religious Services

3. Educational Program

4. Recreational Program

5. Library Services

6. Health and Medical Services

7. Counselling

Juridical Conditions of Penalty

Under the Philippine Penal System, the following are the conditions of the imposition of penalty:

1. Must be productive of suffering but must not desecrate the human personality,
2. Must be proportionate to the crime,
3. Must be personal,
4. Must be legal
5. Must be certain so that one can not escape from it,
6. Must be equal, and
7. Must be correctional.

Executive Clemency

1. Pardon

Two (2) Kinds

a. Absolute Pardon
b. Conditional Pardon

2. Amnesty- from the Greek amnestia, oblivion. The word has the same root as amnesia.

45
3. Judicial Reprieve- a temporary delay in imposition of the death penalty (a punishment which cannot be
reduced afterwards) by the executive order of the state.

4. Commutation of Sentence- involves the reduction of legal penalties; especially in terms of imprisonment.

Suspension of Sentence

Probation in the Philippines

Probation was first introduced in the Philippines during the American colonial period (1898 - 1945) with
the enactment of Act No. 4221 of the Philippine Legislature on August 7, 1935. This law created a
Probation Office under the Department of Justice. On November 16, 1937, after barely two years of existence,
the Supreme Court of the Philippines declared the Probation Law unconstitutional.
On July 24, 1976, Presidential Decree No. 968, also known
as Adult Probation Law of 1976, was signed into Law by the President of the Philippines.
The probation system started to
operate on January 3, 1978. Note: Teodulo Natividad authored our Probation Law (P.D. 968). Thus he was
considered as the father of probation in the Philippines.

Probation Conditions
The grant of probation is accompanied by conditions imposed by the court:

1. The mandatory conditions

2. Special or discretionary

Parole
Republic Act 4103 Indeterminate Sentence Law as amended.

Note: Probation/Parole, is a community-based treatment program.

CHAPTER 8

Victimology
Is the scientific study of victimization, including the relationships between victims and offenders, the
interactions between victims and the criminal justice system -that is, the police and courts, and corrections

46
officials -and the connections between victims and other societal groups and institutions, such as the media,
businesses, and social movements.

Victimology Theory
The concept of victim dates back to ancient cultures and civilizations, such as the ancient Hebrews.  Its
original meaning was rooted in the idea of sacrifice or scapegoat -- the execution or casting out of a person
or animal to satisfy a deity or hierarchy.  During the founding of victimology in the 1940s, victimologists such
as Mendelson, Von Hentig, and Wolfgang tended to use textbook or dictionary definitions of victims as
hapless dupes who instigated their own victimizations known notion of "victim precipitation".
Over the years, ideas about victim precipitation have come
to be perceived as a negative thing; "victim blaming" it is called. Crime victim generally refers to any
person, group, or entity who has suffered injury or loss due to illegal activity. The harm can be physical,
psychological, or economic. 

Type of Victims
a. Primary crime victims
b. Secondary crime victims
c. Tertiary crime victims

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

History of Victimology
The scientific study of victimology can be traced back to the 1940s and 1950s.  Two
criminologists (victimologist), Mendelsohn and Von Hentig, began to explore the field of victimology by
creating "typologies". They are considered the "fathers of the study of victimology." 
Mendelsohn (1937) interviewed victims to obtain information, and
believe that most victims had an "unconscious aptitude for being victimized." He created a typology of
six (6) types of victims, with only the first type, the innocent, portrayed as just being in the wrong place
at the wrong time.  The other five types all contributed somehow to their own injury, and represented victim
precipitation.  Von Hentig (1948) studied
victims of homicide, and said that the most likely type of victim is the "depressive type" who is an easy
target, careless and unsuspecting. The "greedy type" is easily duped because his or her motivation for easy
gain lowers his or her natural tendency to be suspicious. The "wanton type" is particularly vulnerable to

47
stresses that occur at a given period of time in the life cycle, such as juvenile victims. The "tormentor," is
the victim of attack from the target of his or her abuse, such as with battered women.

Few enduring models and near-theories exist:

1. Luckenbill's (1977) Situated Transaction Model - This one is commonly found in sociology of
deviance textbooks.

2. Benjamin & Master's Threefold Model - This one is found in a variety of criminological studies, from
prison riots to strain theories. 

Conditions that support crime can be classified into three general categories:

a. Precipitating Factors - time, space, being in the wrong place at the wrong time.
b. Attracting Factors - choices, options, lifestyles (the sociological expression "lifestyle" refers to daily
routine activities as well as special events one engages in on a predictable basis).
c. Predisposing Factors - all the sociodemographic characteristics of victims, being male, being young,
being poor, being a minority, living in squalor, being single, being unemployed.

3. Cohen & Felson's (1979) Routine Activities Theory - This one is quite popular among victimologists
today who are anxious to test the theory. 

Crime occurs whenever three conditions come together:

1. Suitable Targets - and we'll always have suitable targets as long as we have poverty.
2. Motivated Offenders - and we'll always have motivated offenders since victimology, unlike deterministic
criminology, assumes anyone will try to get away with something if they can; and
3. Absence of Guardians - the problem is that there's few defensible spaces (natural surveillance areas) and
in the absence of private security, the government can't do the job alone.

CHAPTER 9
Crime Prevention and Protection Principles

48
1. Primary Prevention
Primary prevention involves altering the environment in such a way that the root causes, or at
least the facilitators, of crime are eliminated. 

2. Secondary Prevention    

Secondary prevention involves a focus upon specific problems, places, and times with the twin goals of
reducing situation-specific opportunities for crime and increasing the risks for committing crime.  Following
Clarke (1980), many people call this situational crime prevention. E.x. directed patrol, surveillance and
target-hardening which increase the risk and effort for committing crime, property identification, security
lighting, and intrusion alarms, Neighborhood Watch, citizen patrols, protection personnel, and efforts on the
part of victims to change their lifestyles. 

3. Tertiary Prevention     

Tertiary prevention is a term taken from the field of medicine to describe procedures to be
taken after a disease or threat is manifest.  It characterized by being reactive, or after the fact.  Examples
would include personal injury or property insurance as well as self-protective measures engaged in by those
who have been victimized previously.  It also includes get-tough legislation and other legal reforms
which make the punishment for crime more certain, severe, and swift.

Criminal Justice System Response to Victim

First of all, we need to know who the victims are.  While crime victim-related research of 40
and 50 years ago examined the characteristics of victims, much of it approached the issue from the
perspective of "shared responsibility," that is how crime victims were, in part, "responsible" for their
victimization.

The risk of becoming a crime victim varies as a function of S.A.U.C.E.R (Sociodemographic

Characteristics):

 Sex - Male or female

 Age - Young, middle aged, or elderly
 Urban - Urban or rural
 Class - Socioeconomic class
 Ethnicity - Racial characteristics
 Religion - Religious preference

49
Restorative Justice
It is commonly known as a theory of criminal justice that focuses on crime as an act against another
individual or community rather than the state. The victim plays a major role in the process and may receive
some type of restitution from the offender.

Victim-offender mediation
Victim-offender mediation, or VOM (also called victim-offender dialogue, victim-offender
conferencing, victim-offender reconciliation, or restorative justice dialogue), is usually a face-to-face meeting,
in the presence of a trained mediator, between the victim of a crime and the person who committed that
crime.

Glossary of Terms

Actus Reus: Sometimes called the external element of a crime — is the Latin term for the "guilty act" which,
when proved beyond a reasonable doubt in combination with the mens rea, i.e., the "guilty mind", produces
criminal liability in common law-based criminal law jurisdictions.

Celerity: Swiftness.  Beccaria argues that in order to achieve the deterrent effect of sentence it must possess
celerity. 

Constitutional Theories:  Theories such as Lombroso's or Sheldon's that locate the origins of criminality in a
person's biological or psychological make-up.  It refers to one's physical constitution (not a legal constitution).

Deviant Behavior: Behavior that is a recognized inviolation of social norms. It is not the act itself, but the
reactions to the act, that make something deviant.

Durham Rule (irresistible impulse): Monte Durham was a 23-year-old who had been in and out of prison
and mental institutions since he was 17. The Durham rule states "that an accused is not criminally responsible
if his unlawful act was the product of mental disease or mental defect." The Durham rule was eventually
rejected by the federal courts, because it cast too broad a net. Alcoholics, compulsive gamblers, and drug
addicts had successfully used the defense to defeat a wide variety of crimes.

Mens Rea: A Latin term for "guilty mind" used in the criminal law.

Ex-Post Facto: Laws that apply retroactively, that is, to punish actions conducted before they were
pronounced illegal.

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Hedonism: The idea held by the classical school, that people only act according to what they find pleasurable
and in their self-interest.  See also Free Will/Reason.

McNaughton Rule (not knowing right from wrong): The first famous legal test for insanity came in
1843, in the McNaughton case.

Stigmata: As a term of medicine, 'stigmata' refers to the physical marks and characteristics that suggest an
individual is abnormal.  For Lombroso, such stigmata included abnormal skull sizes, hawk-like noses, large
jaws and cheekbones, and fleshy lips.

Utilitarianism: Specifically, utilitarianism refers to the theory of Jeremy Bentham and John Stuart
Mill that the overall utility or benefit produced by an action ought to be the standard by which we judge the
worth or goodness of moral and legal action. Social contract theorists: the idea that government was
utilitarian in nature followed from their understanding of human nature as hedonistic, and bringing about
government because they realize it is in their benefit.  "Promoting the Greatest Good for the Greatest
Number".

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