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DIVINE WORD COLLEGE OF VIGAN

COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

MODULE 2
CRIMINAL ETIOLOGY
This module will cover the discussions on the basics of criminal etiology. It will
deal mostly on the concepts of crimes and criminals, their classifications and methods
of measuring crimes. Included also are the different approaches being used in the
study of crimes. For this purpose, this module will be divided into 2 units. Unit 1 will
deal with the general concepts of crimes and criminals as well as the their
classifications. Unit 2 will deal with the crime measurements and approaches of study
on crimes.

UNIT 1
CRIMES & CRIMINALS: THEIR CONCEPTS & CLASSIFICATIONS

At the end of the unit, you should be able to;


1. Discuss the basic concepts of crimes, deviance and criminals
2. Classify crimes and criminals according to criteria given

WHAT I KNOW?

Are all evil acts considered crimes? State and justify your opinion.

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EXPLORE!
On the link below, read the short excerpt regarding the legal principle
“Nullum Crimen Nulla Poena Sine Lege”.
 https://www.law.cornell.edu/wex/nullum_crimen_sine_lege

1. In your own understanding, when is an act considered a crime? Explain.


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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

CRIMINAL ETIOLOGY

WHAT IS CRIME?

Crime can be defined in the following perspectives;


 Sociologically, it is an act which violates social norms or an anti-social act.
 Psychologically, it is an act resulting from an abnormal behavior of man.
 Legally, it is an act committed or omitted in violation of a public law forbidding
or commanding it.

Criminality is a serious problem. This maybe explained by the following


characteristics of crime:
1. It does not respect age, sex, culture, customs and tradition, race, and
religion of the society.
2. Crime is a worldwide phenomenon.
3. It occurs in all the existing economic strata.
4. Its causes are multifarious.
5. It is difficult to eradicate.

LEGAL PERSPECTIVE OF CRIME

From a legal point of view, crime can be described as:

a. From the nature of the act itself.


 It is a wrong which causes harm
 It is a wrong against the whole community
 It is a wrong that directly threatens the well-being and security of society

b. From the proceedings (i.e., the process)


 Crime is dealt with through criminal proceedings
 It is an illegal act whose proceedings are initiated, stopped or pardoned
by the state.

c. From the consequences


 It is a wrong whose sanction is punishment
 It is a wrong whose sanction is punitive and for which the state decides
on the proceedings and the nature of that punishment.

People cannot avoid offending others. Some offensive actions are considered
abnormal behavior while some are classified as crime. What therefore is the
requirement before an act is considered a crime? The following is the “Differentiae” of
crime (Sutherland, n.d.):

1. An act maybe called crime if there is a certain external consequence or harm.


Physical injury is the most obvious external consequence of an offensive action.
2. The harm must be legally forbidden and prescribed by law.
3. There must be a conduct; that is, there must be an intentional or reckless
action that results to harmful consequence.
4. “Mens Rea” must be present.
5. There must be a fusion or concurrence of mens rea and conduct.

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

6. There must be a causal relationship between the legally forbidden harm and the
voluntary misconduct.
7. There must be legally prescribed punishment of the misconduct.

Legal Maxims Governing the Legality of Crime

a. Nullum Crimen, Nulla Poena, Sine Legis – means “There is no crime if there is
no law punishing it”.

b. Actus non facit reum nisi mens sit rea – means that “an act does not make
one guilty unless there is a criminal intent”.

RELATIVITY OF CRIME

What are the changing concepts of crime and criminal laws?

1. Most of the existing laws define acts as crimes when some acts were not crimes a
few years ago.
2. Laws differ from jurisdiction to another and so with acts, which are considered as
crimes (There is no universal concept of crime).
3. Interpretation and implementation of laws vary in terms of:
a. characteristics of crime c. status of offenders
b. age d. status of enforcers

DEFINING CRIME IN THE PHILIPPINES

Crime is an act or omission in violation of a public law forbidding or commanding


it. In the Philippines, crime is classified into three based on the kind of law that
punishes a certain act or omission.
a. FELONY = is an act or omission in violation of the Revised Penal Code (RPC)
b. OFFENSE = is a violation of a Special Penal Law
c. MISDEMEANOR = is an infraction of an ordinance

HOW ARE CRIMES COMMITTED UNDER THE RPC?

Crimes are committed by means of:


1. Dolo – deceit
2. Culpa – fault (when wrongful act results from imprudence, negligence, lack of
foresight or lack of skill)

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

CRIMINOLOGICAL PERSPECTIVE OF CRIME

According to David Abrahamsen (1947), occurrence of crime is explained by the


crime formula:
 "Crime is a product of the individual's tendencies and the situation' of the
moment interacting with his mental resistance.
 Letting 'C' stand for crime, 'T' for tendencies, 'S' for situation, and 'R' for
resistance, ‘we derive the following formula:"
C =T + S
R
Criminology, Crime and Deviance
 Criminology is also related to the study of Types of Deviance
deviant behaviors—those actions that depart
from social norms, values, and beliefs.  Formal = those that
 Included within the broad spectrum of violates laws
deviant acts are behaviors ranging from  Informal = those that
violent crimes to joining a nudist colony. violate cultural norms
 However, significant distinctions can be made between these two areas of study
because many crimes are not unusual or deviant, and many deviant acts are
neither illegal nor criminal.
 In sum, criminologists are concerned with the concept of deviance and its
relationship to criminality, whereas those sociologists who study deviant
behaviors often want to understand and/or identify the line that separates
criminal from merely unusual behaviors.
 The shifting definition of deviant behavior is closely associated with our
concepts of crime.

The Problem of Defining Crime

 A criminologist’s choice of orientation or perspective depends, in part, on his or


her definition of crime.
 Professional criminologists usually align themselves with one of several schools
of thought or perspectives in their field.
 Each perspective maintains its own view of what constitutes criminal behavior
and what causes people to engage in criminality.

How Do Criminologist View Crime

Conflict View
 The law is a tool of the ruling class.
 Crime is a politically defined concept.
 “Real crimes” are not outlawed.
 The law is used to control the underclass.

Consensus View
 The law defines crime.
 The law reflects public opinion.
 Agreement exists on outlawed behavior.
 Laws apply to all citizens equally.

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

Interactionist View
 Moral entrepreneurs define crime.
 Crimes are illegal because society defines them that way.
 The definition of crime evolves according to the moral standards of those in
power.

Who is a Moral Entrepreneur?


 an individual, group or formal organization that seeks to influence a group to
adopt or maintain a norm.
 those who take the lead in labeling a particular behavior and spreading or
popularizing this label throughout society.

LEGAL CLASSIFICATIONS OF CRIMES

1. As to atrocity – Atrocity means severity of the criminal act or offense


a. grave offense – those punishable by capital/afflictive penalties
b. less grave offense – those punishable by correctional penalties
c. minor or light offense – those punishable by light penalties

2. As to intent – Intent is the purpose, desire or resolve to commit a crime


a. crime mala in se – acts which are evil in themselves
b. crime mala prohibita – acts which are prohibited because the law has defined it
to be a crime.

3. As to Motive – Motive is the moving force or the reason for committing crime
a. economic crimes
b. sexual crimes
c. political crimes
d. miscellaneous crimes

4. As to Statistical Purpose
a. crimes against property
b. crimes against persons
c. crimes against morals
d. crimes against public order
e. crime against security
f. crimes against chastity

5. As to Penalty
a. crimes punishable by afflictive penalties
b. crimes punishable by correctional penalties
c. crimes punishable by light penalties

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

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:


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 – those committed by a normal person
b. Irrational crime – those crimes committed by person deprived of intelligence
who do not know the consequence of his/her action.

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– those committed by persons on the upper class
(i.e. falsification cases)
b. Crime of the under world– those committed by persons on the lower class
(i.e. bag snatching)

8. Crime by Imitation – “copycat” crime, committed by mere duplication of what was


done by others.
9. Crime by Passion – committed because of the fit of great emotion, such as anger
10. Occupational (service related) Crime – committed by rendering all service to
satisfy the desire of another.

WHAT IS A VICTIMLESS CRIME?

Victimless crime refers to acts committed by consenting adults in private. In


victimless crimes, the acts involve only the participants and do not directly harm
others. Examples are: drug addiction, prostitution and gambling

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

WHO IS A CRIMINAL?

On the basis of the definition of crime, a criminal may be defined in three ways:

1. A Criminal is a person who has committed a crime and has been convicted of final
judgment by a competent court.
2. A Criminal is a person who violated a social norm or one who acted an anti-social
act.
3. A Criminal is one who violated rules of conduct due to behavioral maladjustment.

CLASSIFICATIONS OF CRIMINALS

1. Based on etiology:

a. Acute criminal– person who violate criminal law because of the impulse of
the moment, fit of passion, anger, or spell of extreme jealousy.

b. Chronic criminal– person who acted in consonance with deliberate thinking,


such as:
i. Neurotic criminal– person whose actions arise from intra-psychic conflict
between the social and anti-social components of his personality. Ex.
Kleptomania
ii. Normal criminal– person whose psychic organization resembles that of
normal individuals except that he identified himself with criminal
prototype.

2. Based on 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. Based on activities:

a. Professional criminal– those who earn their living through criminal activities.

b. Accidental criminal– those who commit criminal acts as a result of


unanticipated circumstances.

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

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. Based on 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.

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

UNIT 2
CRIME MEASUREMENT AND APPROACHES IN STUDY

At the end of the unit, you should be able to;


1. State and explain the different methods of measuring crimes
2. Compute crime statistics based on given formulae
3. Identify and explain the different approaches in the study of crime

MEASURING CRIME

Around the world, crime statistics are being collected by different law
enforcement agencies for purposes of statistical estimates and trend analysis. In the
US, Uniform Crime Reporting, National Crime Victimization Survey and National
Crime Incident Based Recording System.

Uniform Crime Reporting

 Established in the 1920’s


 Data collected from local law enforcement agencies by the Federal Bureau of
Investigation (FBI) and published yearly
 includes both crimes reported to local law enforcement departments and the
number of arrests made by police agencies.
 The UCR is the best known and most widely cited source of official criminal
statistics.
 The FBI receives and compiles records from more than 17,000 police
departments serving a majority of the U.S. population.
 Its major unit of analysis involves index crimes, or Part I crimes: murder and
nonnegligent manslaughter, forcible rape, robbery, aggravated assault,
burglary, larceny, arson, and motor vehicle theft.
 all other crimes, known collectively as Part II crimes. This latter group
includes such criminal acts as sex crimes, drug trafficking, and vandalism.
 the UCR also collects data on the number and characteristics (age, race, and
gender) of individuals who have been arrested for committing a crime.

National Incident-Based Reporting System (NIBRS)


 A program that collects data on each reported crime incident.
 Instead of submitting statements of the kinds of crime that individual citizens
report to the police and summary statements of resulting arrests, the new
program requires local police agencies to provide at least a brief account
of each incident and arrest, including the incident, victim, and offender
information.

National Crime Victimization Survey (NCVS)


 Because more than half of all victims do not report their experiences to the
police, the UCR cannot measure all the annual criminal activity
 A comprehensive, nationwide survey of victimization in the United States
 U.S. Census Bureau personnel interview household members

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

On the other hand, crime reporting in the Philippines uses recently the Unit Crime
Periodic Report (UCPER) established by LOI 02-09. Under such, crimes are
categorized into two: Index Crimes and Non-index Crimes. Index Crimes are crimes
which are serious in nature and which occur with sufficient frequency and regularity
such that they can serve as an index to the crime situation in the Philippines, we
consider only the actual crimes of murder, homicide, physical injury (serious and
less serious), robbery, theft, rape, Carnapping and Cattle Rustling.
On the other hand Non-index Crimes includes:
 Crimes against persons (parricide/infanticide, maltreatment, kidnapping);
 crimes against property (estafa and falsification, malicious mischief and damage
to property);
 crimes against morals and order (prostitution, vagrancy, alarm and scandal,
assault/resistance to authority, corruption of public official, gambling, slander
and libel, threat and coercion and trespassing),
 crimes against chastity (abduction, seduction, lascivious acts)
 and other crimes (illegal possession of firearms, explosives and ammunition,
concealment of deadly weapons, smuggling, and prohibited drugs)

Crime Rate = describes the number of crimes reported to law enforcement agencies
per 100,000 total population. A crime rate is calculated by dividing the number of
reported crimes by the total population.

Crime rate is computed using the following;

CR = Crime Volume x 100, 000


Population

Wherein;
CR = Crime Rate
Crime Volume = Index Crimes + Non-Index Crimes

Average Monthly Crime Rate = [(Total Crime Volume/12 months) x 100,000


population]/population of region/locality or country.

Crime Registrar = the one task to record crime incidents for statistical purposes

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

APPROACHES AND METHODS IN THE CRIMINOLOGICAL 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. Eclectic Theory – Crime is one instance maybe caused by one or more factors,
while in other instances it is caused by another set of factors.

GENERAL APPROACHES IN THE STUDY OF CRIME


There are numerous theories that must be considered in studying the causes of
crimes. There is a need, therefore, to categorize or group these theories for the
purpose of more systematic and simplified discussion. The three general groups of
criminological approaches are: subjective, objective and contemporary approaches.

SUBJECTIVE APPROACHES

Subjective approaches deal mainly on the biological explanation of crimes.


Subjective explanations focuses on identifying the forms of abnormalities experienced
by criminals before, during and after committing the crime. They are the following:

1. Anthropological Approach – focused in studying the physical characteristics of


offenders in the attempt to discover physical differences between criminals and
non-criminals. (Earnest Hooton’s theory)

2. Medical Approach – the application of medical examinations on offenders in order


to explain the mental and physical condition of the individual prior and after
committing a crime. (Positivist Theory)

3. Biological Approach – the evaluation of genetics in explaining criminal behavior;


under this approach, heredity is the main factor that push people to commit
crimes. (Positivist Theory)

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

4. Physiological Approach – focused on the study of the nature of human beings –


how they satisfy their physical needs; this approach explains that the cause of
crimes is the deprivation of the physical body from the basic needs of life.
(Maslow’s Theory)

5. Psychological Approach – explains that development of criminal behavior


(deviations of normal behavior resulting to unpleasant emotions) is caused by
deprivation from psychological needs of man. (Theories of Freud and Maslow)

6. Psychiatric Approach – cause of the criminal behavior, according to this


approach, is mental disease as diagnosed by a trained authorized person.
(Positivist Theory)

7. Psychoanalytical Approach – explanation of crime is based on the Freudian


Theory – this theory states that criminal behavior is caused by repression
(suppression) of the basic drives. (Freud’s Theory)

OBJECTIVE APPROACHES

These approaches deal on the study of groups, social processes and institutions
as factors that influence the human behavior. They are primarily derived from social
sciences.

1. Geographic Approach – topography, natural resources, geographical location, and


climate are factors that lead a person to commit crime. (Adolph Quetelet Theory)

2. Ecological Approach – the biotic grouping of men resulting to migration,


competition, social discrimination, division of labor, and social conflict are factors
that cause crime. (Ezra Park’s Theory)

3. Economic Approach – financial insecurity and inadequacy of the necessities to


support life are important factors to criminality. (Robert King Merton’s Theory)

4. Socio-Cultural Approach – causes of crimes can be traced from the effects of


institutions, economics, education, politics, and religion to the people. (Albert
Cohen’s Theory)

CONTEMPORARY APPROACHES

Criminologists today put emphasis on scientific explanation of crime and


criminal behavior. Contemporary approaches are focused on the psychoanalytical,
psychiatric, and sociological explanations of crime in an integrated theory. Integrated
theory is an explanatory statement that combines ideas or concepts from different
sources.

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

ELABORATE! DO THIS IN PAIR OF YOUR OWN CHOICE.

A. Solve This! Write your answer on the space provided.

If assuming, Vigan City recorded a total of 800 index crimes and 2,200 non-index
crimes in 2020.
1. What is the crime rate of Vigan City in 2020 if there are total of 53,000
population?
2. What is the average monthly crime rate?

B. With your understanding on the approaches in the study of crime, give at least
2 possible reasons why one person is motivated to commit the crime of theft.
Explain your answers on the spaces below.
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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

Student Task: Check your understanding. Answer the following.

INSTRUCTION: DO THIS WITH THE SAME PAIR/PARTNER ABOVE. SUBMIT ONLY


ONE OUTPUT FOR BOTH MEMBERS. PUT YOUR ANSWERS ON A SEPARATE SHEET
OF BOND PAPER.

1. In a tabular manner, distinguish Crime from Deviance. (10 points)


2. Crime classification. Complete the details following the tabular format and
the example below. Based on the given criteria, give the different class of
crimes, describe and give specific example and/or scenario. At least one
example or scenario for each.

a. Legal Classification (15 points)


Criteria Classification Description Example
Example: Economic Crime Those that are Theft, Robbery
As to Motive motivated by greed,
profit and the like
1. As to Atrocity

2. AS to Intent

b. Criminological Classification (25 points)


Criteria Classification Description Example/Scenario
Example: Seasonal Crime Those that are Violation of the
As to Period of committed in a specific Omnibus Election
Commission time of the year Code (Gun Ban)- Only
Committed during
election season
1. As to Results of
Crime
2. As to Use of
Mental Faculty
3. As to Type of
offender
4. As to Standard of
living of offender
5. Others Crime by Imitation
Crime by Passion

3. Criminal Classification. Complete the details following the tabular format and
the example below. Based on the given criteria, give the different class of
crimes, describe and give specific example and/or scenario. At least one
example or scenario for each. (25 points)

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DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

Criteria Classification Description Example/Scenario


Example: Passive-inadequate Those who commit “Hired Killer” or those
Based on Mental Criminal crimes because of who kill for money
Attitudes reward or promise
1. Based on etiology

2. Based on
behavioral System

3. Based on
Activities

4. Research on the life story of Nicasio Salonga a.k.a. “Asiong Salonga”, the one
dubbed as “The Manila Kingpin”. You can browse on the internet or watch
documentaries on You tube. After which discuss with your partner, among the
approaches in the study of crimes discussed above, what approach may be
applicable to the case of “Asiong”. Give at least one and substantially discuss.
Support your answer with facts from your research. (20 points)

RUBRICS FOR SCORING:

For Questions no. 1-3


 The point-deduction system will be applied. 2 points deduction for every wrong
or incomplete answer/entry.

For Question no. 4

Excellent (16-20) = approach is applicable, sufficiently justified and corroborated


Good (12-15) = approach may be applicable but not sufficiently justified and corroborated
Fair (10-12) = approach may be applicable but inconsistent justification and corroborations
Poor (1-9) = inconsistent approach/justification/corroboration

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