MODULE NO: 01 PRELIM COVERAGE

1. TITLE: Introduction to Criminology

OVERVIEW: This course presents an overview of the different schools of thought in criminology; various issues
surrounding the study of crime; theories that explain criminal behavior; techniques for
measuring the characteristics of criminals, crime and victims; the interrelatedness of theory, policy, and practice
in the criminal justice system; and current issues and studies in criminology.

INTRODUCTION: There are various definitions of Criminology from various authors and other resources,
webster has its own definition also, likewise to the internet. But despite this many definitions there is only
one thing for sure that criminology is the most basic yet very important word that needs to be understand by
all students since this will be their guide in pursuing their course.
LEARNING OUTCOME: This course may help the studentsunderstand the concept of criminology;
Identify the importance, purpose and scope of criminology as a field of interest. Develop awareness and knowledge
on the objectives and purposes of studying criminology.

LEARNING OBJECTIVES: The ctopic discuss the concept of criminology its areaof interest, its
distinction and its relationship with other discipline. The development of the development of the study of
criminology concerned about crimes and the need to develop effective measures to control criminal
behavior.

Discussion/Situational analysis/Content Etc:

TOPIC 1: Basic Concept: Definition of Criminology,Objectives and Purposes of Studying Criminology.
Criminology (from Latincrīmen,"accusation"; and Greeklogia, study) is the scientific study of the nature,
extent, causes, and control of criminal behavior in both the individual and in society. The term criminologywas coined
in 1885 by Italian law professor Raffaele Garofalo as criminologia. Around the same time, but later, French
anthropologist Paul Topinard used the analogous French term criminologie.

CRIMINOLOGY Defined:

- Criminology is a body of knowledge regarding crime as a social phenomenon. It covers in its scope study of
lawmaking, law breaking, and the response to law breaking (Edwin Sutherland)
- It is also a study of crime as a social phenomenon.
- It includes within its scope the processes of making laws and of reacting toward the breaking laws (Edwin
Sutherland)

Other definitions:

is the scientific study of criminals and criminal behavior.

In its broadest sense CRIMINOLOGY is the entire body of knowledge regarding crimes, criminals and the
effort of the society to prevent and repress them.
In laymen’s point of view, they regarded it as the scientific study of crimes and criminals.
Some define it as a body of knowledge regarding crime as a social phenomenon, it includes and involves in
the study of making laws, of breaking laws and the reaction towards the breaking of laws,
Criminology vs. Criminal Justice
 Criminology focuses on law breaking (nature, extent & causes); Criminal Justice focuses on the response to
criminal behavior (policing, courts, and corrections).
IMPORTANCE OF STUDYING CRIMINOLOGY

1. A source of philosophy in life.

2. A background for a profession or for social service.

3. Because criminals are legitimate objects of interest.

4. Because crime is a costly problem.

PURPOSES OF STUDYING CRIMINOLOGY

 To prevent the crime problem

 To understand crimes and criminals

 To prepare for a career in law enforcement and scientific crime detection

 To develop an understanding of the constitutional guarantees and due process of law.

 To foster a higher concept of citizenry and leadership

TOPIC 2: Studies and sciences related to criminology

IS CRIMINOLOGY A SCIENCE?

1. Edwin Sutherland and Donald Cressey – Not a science but has the hope of becoming a science for the
reason that man is the subject of the study.
2. George Wilker – Absolutely not a science due to the variations of behavior.
3. Cirilo Tradio – It is a science for the causes of crimes are universally alike such as biological, physical,
psychological, and economical.Criminology is not a science but has the hope of becoming a
scienceCriminology is not a perfect science.
Sciences Related to Criminology:
Sociology – The study of crime focused on the group of people and society as a whole.
Psychology – The science that studies behavior and the mental processes of the criminal.
Psychiatry – The science that deals with the study of crime through forensic psychiatry, the study of criminal
behaviour in terms of motives and drives.

TOPIC 3: Principal division of criminology

PRINCIPAL DIVISIONS OF CRIMINOLOGY

 Criminal Etiology – The scientific analysis of the causes of crimes.

 Sociology of Law – The study of law and its application.
  Penology or Correction – The study that deals with the punishment and the treatment of criminals.
 Criminalistics – The study of criminal things.

TOPIC 4: Scope and division of criminology

SCOPES IN STUDYING CRIMINOLOGY

A. CRIMINAL ETIOLOGY- study of criminality in relation to special distribution in a community.

B. CRIMINAL EPIDEMIOLOGY – study of the relationship between environment and criminality.
C. CRIMINOLOGICAL RESEARCH- study of crime correlated with antecedent variables
D. VICTIMOLOGY- study of the role of the victim of crime
E. CRIMINOLOGICAL THEORIES- study of the different theories as the genesis of criminal behavior

TOPIC 5: Crime
WHAT IS CRIME?

Is an act committed or omitted in violation of law, commanding or forbidding it.

An act that is injurious, detrimental or harmful to the norms of the society.
It is generic term that refers to offense, felony and delinquency or misdemeanour.

ANATOMY OF CRIME
 Instrumentality – is the means or implement use in the commission of the crime.
 Opportunity – The time and place conducive for its commission.
 Resistance to Temptation – The values of the offender to refrain from committing an act.
FORMULA OF CRIME (By: Abrahamsen)

Criminal Tendency + Opportunity

 CRIME= --------------------------------------------------------
Resistance to Temptation
MOTIVE – the moving power that impels one to do an act. It is NOT an element of a crime.

a. Legal classification of crime

LEGAL CLASSIFICATION OF CRIME

1. FELONIES- These are acts and omissions punishable by law. Generally, a felony is an act relatively serious
offense punishable by death or fine or confinement.
2. OFFENSE – An act or omission that is punishable by special laws (E.g. RA 9165).
3. MISDEMEANOUR – Acts that are in violation of simple rules and regulations.

ACCORDING TO THE NATURE OF THE ACTS PROHIBITED

1. MALA IN SE- the term means “evil In itself’

 These are crimes that are wrong in themselves
 Crimes which are wrongful in nature.
2. MALA PROHIBITA- the term means “wrong because it is prohibited”
 Mere violations of rules of convenience designed to secure a more orderly regulation of the
affairs of the society.
 These are offenses that are illegal because laws define them as such.
AS TO THE MANNER CRIMES ARE COMMITTED

1. DOLO or DECEIT- when the acts was done with deliberate intent (Intentional felony)

Elements of Crime by Dolo:

 Freedom - the ability to do whatever one wishes
 Intelligence - the ability to know what is right and wrong
 Intent - use of particular means to effect a particular result

2. CULPA OR FAULT- when the wrongful act results from imprudence, negligence, lack of fore sight or lack of
skill.
Elements of Crime by Culpa:

 Freedom
 Intelligence
 Negligence/Imprudence (Lack of Skill/ Foresight )

AS TO THE STAGES IN THE COMMISSION OF CRIME

1. ATTEMPTED STAGE – the offender commences the commission of the felony directly by overt acts and
does not perform all the acts of execution because of some reasons other than his own spontaneous desistance.
2. FRUSTRATED STAGE– when the offender has performed all acts of execution which will produce the
felony as a consequence but which nevertheless, do not produce the felony by reason of causes independent of
the will of the perpetrator.

3. CONSUMMATED STAGE– when all the elements necessary for its execution and accomplishment are
present.

AS TO PLURARITY OF CRIMES

1. SIMPLE CRIMES- when a single constitutes only one offense.

2. COMPLEX CRIMES- when a single act constitutes two or more grave felonies or when an offense is a
necessary means for committing other.

AS TO GRAVITY OF PENALTY OR OFFENSE

1. GRAVE FELONIES- those to which the law attaches the capital punishment or afflictive penalties.
 Death Penalty – Capital punishment
 Reclusion Perpetua-life imprisonment, a term of 20-40 years imprisonment.
 Reclusion Temporal- 12 years and 1 day to 20 years imprisonment.
 Prision Mayor – 6 years and 1 day to 12 years.

2. LESS GRAVE FELONIES- those which the law punishes with penalties are correctional in nature.
Correctional penalties:
 Prision Correctional – 6 months and 1 day to 6 years.
 Arresto Mayor – 1 months and 1 day to 6 months.
 Destierro

3. LIGHT FELONIES- those infractions of law for the commission of which penalty of arresto menor.
 Arresto Menor – I day to 30 days

AS TO BASIS OF CRIMINAL ACT

 CRIMES AGAINST NATIONAL SECURITY and THE LAW OF NATIONS.

-E.g. Treason
 CRIMES AGAINST THE FUNDMENTAL LAW OF THE STATE.
e.g Arbitrary detention
 CRIMES AGAINST PUBLIC ORDER
e.g. Rebellion
 CRIMES AGAINST PUBLIC INTEREST
E.g. Falsification of documents
 CRIMES AGAINST PUBLIC MORALS
e.g. Gambling and betting
 CRIMES COMMITTED BY PUBLIC OFFICERS
e.g. Bribery
 CRIMES AGAINST PERSONS
e.g. Homicide
 Crimes against personal liberty and Security
e.g. Kidnapping
 Crimes against PROPERTY
E.G. ROBBERY
 CRIMES AGAINST CHASTITY
-e.g. Acts of lasciviousness
 CRIMES AGAINST THE CIVIL STATUS OF PERSON
e.g. BIGAMY
 Crimes AGAINST HONOR
e.g. LIBEL

QUASI-OFFENSES OR CRIMINAL NEGLIGENCE

 IMPRUDENCE- if a person fails to take place the necessary precaution to avoid injury to person or
damaging property.
 NEGLIGENCE- If a person fails to pay proper attention and to use due diligence in foreseeing injury or
damage impending to be caused.

b. Criminological classification of crime

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

AS TO RESULT OF CRIMES:

 Acquisitive Crimes – is one which when committed the offender acquires something as a consequence of his
criminal act.
  Extinctive Crimes – when it results to destruction.

AS TO THE PERIOD OF COMMISSION:

 Seasonal Crimes – those that are committed only at a certain period of the year.
 Situational Crimes – those that are committed only when given the situation conducive to its commission.

AS TO THE LENGTH OF TIME OF COMMISSION:

 Episodic Crimes – crimes that are committed by a series of acts in a lengthy space of time.
 Instant Crimes – those that are committed in the shortest possible time. 

AS TO THE PLACE OF COMMISSION

 Static Crimes – crimes that are committed only in one place.

 Continuing Crimes – crimes that are committed in several places.

AS TO MENTAL FACULTIES:

 Rational Crimes – those that are committed with intent.

 Irrational Crimes – those that are omitted by offenders who do not know the nature of their acts.

AS TO THE TYPE OF OFFENDERS:

 White Collar Crimes – those that are committed by persons of responsibility and of upper socio economic
class in the course of their occupational activities.

OTHER CLASSIFICATIONS OF CRIME

 Crimes by Imitation - crimes committed by merely duplicating those done by others.

 Crimes by Passion – crimes committed because of the fit of great emotion.

 Service Crimes – crimes committed by rendering service to satisfy the desire of another.

 Traditional Crime- committed every now and then

 Crimes Due to Social Change- poverty crimes ex. Prostitution

 Emergency Crime- committed to take advantage of an abnormal situation

  Victimless Crime- act committed by consenting persons in private, there is nointended victim.

TOPIC 6: Definition of criminal

WHO IS A CRIMINAL?

- It is a person who committed a crime and has been convicted with final judgment by a competent court.A
person who violated a social norm or one who committed an anti-social act.

a. Factors that enhance the development of criminal behavior

Subjective Approach -This approach derived mainly from the biological, has sought for the explanation of
crime in the form of abnormalities of aberration that primarily exist within the criminal himself.
Anthropological Approach – This approach had tried to compare the physical characteristics of the individual
offender to non-offenders.
Medical Approach – It explains the role of physical and mental conditions of the individual prior or after the
commission of the criminal acts. It further explains that even if an individual commits an offense, proper
medical examinations will show that the offender is mentally ill at the time of the commission of the offense.
Biological Approach – It explains inheritance as a cause of crime.
Physiological Approach – It explains that, instinctively, it is the nature of a human being to acquire all the
physical needs in order to satisfy all his wants. In short, every man possesses integrity and whenever we lose
sight of a human as a whole we violate that integrity.
Psychological Approach – Intelligence, emotion and education of the individual must be taken into
consideration in relation to the wrongful act he has committed. Research showed that once the community and
its members deprive the individual of his natural needs, crime will be committed as a result of such
frustration.

Psychiatric Approach – This approach explains that the cause of behavioural difficulties is to be found in
emotional tension originating in early life conflict with the family. Moreover, behavioural patterns will be
established which will later become permanent and fixed and it is hard for any correctional institution to
change this attitude if he is never caught of violation of law or ordinance.
Psycho-analytical Approach – This is based upon the Freudan theory which traces behaviour as a deviation to
the repression of basic drives.
Objective Approach- It is derived from the social science point of view that offenders are normal beings upon
who have played the external criminogenic forces. It deals with the study of groups, social process and
institutions as productive deviant behaviour.

Geographic Approach – It considers climate as one of the factors that lead individuals to do a criminal act.
Ecological Approach – It concerns itself with the biotic grouping of men thus, resulting from migration
competition and division of labor. Migration is a conduct from one place to another which sometimes create
conflict between the immigrant and the inhabitant of such place thus leading to social discrimination.
Economic Approach – Financial hardship is one of the primary causes of criminality, therefore, it is necessary
for every human being to contemplate or consider with deep regret and compassion the strong temptation
which has frequently prevailed for so many years from want of the necessities to support life.
Sociological And Cultural Approach – It is concerned with the influences on behaviour of group life,
including rules and statutes, social classes and social mobility, subculture, cliques and social changes.

b. Classification of criminals
CRIMINOLOGICAL CLASSIFICATION OF CRIMINALS:

BASED ON ETIOLOGY

 Acute Criminal – one who violates a criminal law because of the impulse or fit of passion.
 Chronic Criminal – one who commits crime in consonance with deliberate thinking.
BASED ON BEHAVIORAL SYSTEM

 Ordinary Criminal – the lowest form of criminal in a criminal career

 Organized Criminals – one who associates with other criminals.
 Professional Criminal – one with high degree of skill in committing crimes.

BASED ON LEGAL CLASSIFICATION

- RECIDIVIST- The offender at the time of his trial for one crime shall have been previously convicted by
final judgment of another embraced in the same title of the Revised Penal Code.
- REPETITION OR REITERACION The offender has been previously punished for an offense which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
- HABITUAL DELINQUENT The offender within the period of 10 years from the date of his release or last
conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, is found
guilty of the any of said crimes a third time or oftener.
- QUASI-RECIDIVISTAny person who shall commit a felony after having been convicted by final judgment
before beginning to serve such sentence or while serving such sentence shall be punished by the maximum
period prescribed by law for the new felony

CESARE LOMBROSO
 An Italian professor and criminologist born in November 6, 1835 in Verona, who became worldwide
renowned for his studies and theories in the field of characterology or the relation between mental and
physical characteristics.

CLASSIFICATION OF CRIMINALS BY LOMBROSO:

 Born Criminals – Atavism describes one having shifty eyes, elongated jaws and no mustache.
 Criminal by Passion – individuals who are easily influenced by great emotions.
 Insane Criminals – those who commit crimes due to mental abnormalities or psychological disorder.
 Criminoloids – one who commit crime due to less self control. Those suffering from defects that are
psychological. E.g. Kleptomaniac.
 Occasional Criminal – one who commit crimes due to insignificant reasons that pushed them to do at a given
occasion.
 Pseudo Criminals – those who kill in self-defense.

RAFFAELE GAROFALO

 Italian lawyer whose major contribution is the concept of natural crime.

 According to him, natural or true crimes are those that offend the basic moral sentiments of probity (respect
for property of others) and piety (revulsion against the infliction of suffering on others).

TYPES OF CRIMINALS BY GAROFALO:

 Murderers – those who are satisfied from vengeance
 Violent Criminals – those who commit very serious crimes.
 Deficient Criminals – those who commit crimes against property.
 Lascivious Criminals – those who commit crimes against chastity.
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