CRIMINOLOGY is that body of knowledge regarding crime as a social phenomenon which

includes within its scope, the process of making of laws, breaking of laws and the reaction
towards the breaking of laws.
“crimen” – accusation
“logy” (logia) – study
Classical School
• Cesare Becarria (father of classical criminology)
• Jeremy Bentham
• Free will
• Hedonism - pleasure seeking but avoiding pain
Neo-Classical
• Followers of Cesare Becarria
• free will with exceptions
Italian School
• Cesare Lombroso (father of criminology)
• Goring
• Enrico Ferri
• Raffaele Garofalo
• Stigmata of Degeneracy – outside of free will – characteristics
Positivist School
• Gluecks
• Charles Darwin
• Ernest Hooton
• William Sheldon
• Internal and External factors
• Outside of the free will (environment)
Philippine Criminal Justice System
1. Police > Suspect
2. Prosecution > Accused
3. Court > Defendant
4. Correctional > Convict
5. Community > Ex-Convict
Four Principal Division of Criminology
1. Criminal Etiology (origin and causes of crime)
2. Sociology of Law (making of laws)
3. Penology or Correction (reaction towards the breaking of laws)
4. Victimology
- “There can never be a crime without the victim and the criminal cannot be a criminal
without victimizing someone.”
Crime Elements
1. There must be an act or omission
a. Act (positive) (ginawa ang labag sa batas)
 b. Omission (negative) (hindi ginawa ang responsibilidad)
2. The act or omission must be punishable by RPC (Revised Penal Code) (367 articles)
3. The act must be performed by means of dolo (deceit) or culpa (fault)
a. dolo – deliberate intent (freedom, intelligence, intent)
b. culpa – not intention (freedom, intelligence, imprudent, negligent, lack of
foresight, lack of skill)
Criminal Law

 branch of law or public law which defines crime, treats of their nature and provide for
their punishment.
January 1, 1932 – effectivity of criminal law
1998 – revised
Characteristics of Criminal Law

 General (irrespective of sex, religion)

 Territorial (maritime)
 Prospective (time)
 Uniform (equality)
 Specific / Definite (specific crime, specific punishment)
Homicide – generic term of all kinds of killings
Parricide – legitimate parents, relatives
Affinity – by marriage
Consanguinity – related by blood

 4th civil degree

1. Parents
2. Grand Parents
3. Uncle/Aunties
4. Cousins
Subject in Criminology Board Exam
1. Criminal Jurisprudence and Procedure (20%)
1.1. Law 1 > Article 1-115
1.2. Law 2 > Article 116-365
1.3. Criminal Procedure > process of handling criminal
1.4. Evidence
1.5. Court Testimony > actual observation in court

2. Law Enforcement Administration (20%)

2.1. Police Organization and Administration with Police Planning > police operation, rango
ng police, retirement
2.2. Industrial Security Management > fire alarms, lighting
2.3. Police Intelligence
2.4. Police Patrol
2.5. Police Personnel and Records Management
2.6. Comparative Police System
3. Criminalistics (20%)
3.1. Dactyloscopy > fingerprint
3.2. Police Photography
3.3. Forensic Ballistics
3.4. Questioned Documents Examinations
3.5. Polygraph > Lie Detection
3.6. Legal Medicine > Autopsy

4. Criminal Detention and Investigation (10%)

4.1. Fundamentals of Criminal Investigation
4.2. Traffic Management and Accident Investigation
4.3. Special Crimes Investigation > child abuse, illegal recruitment
4.4. Organized Crime Investigation > terrorists
4.5. Drug Education and Vice Control
4.6. Fire Technology and Arson Investigation

5. Criminal Sociology (15%)

5.1. Introduction to Criminology
5.2. Philippine Criminal Justice System
5.3. Ethics and Values
5.4. Juvenile Delinquency > minors who do crimes
5.5. Human Behavior and Crisis Management > hostage taking
5.6. Criminological Research and Statistics > thesis

6. Correctional Administration (15%)

6.1. Institutional Corrections > 7 penal farms
6.2. Non-Institutional Corrections > community base rehabilitation, pardon parol
Seven Penal Farms in the Philippines
1. The New Bilibid Prison in Muntinlupa City
2. The Correctional Institution for Women in Mandaluyong City
3. Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan
4. Sablayan Prison and Penal Farm in Occidental Mindoro
5. San Ramon Prison and Penal Farm in Zamboanga City
6. Letye Regional Prison in Abuyog, Leyte
7. Davao Prison and Penal Farm in Panabo, Davao
Leo Echegaray Y Pilo

 First filipino to be executed death penalty in the Philippines through lethal injection for
the crime rape
 born on July 11, 1760 and died on Feb. 5, 1999
 Rodessa Echegaray – step daughter
 Zeneida Echegaray – wife
 Theodore Te – lawyer
 “Sambayanang Pilipino, patawarin ako sa kasalanang ipinaratang ninyo sa akin. Pilipino,
pinatay ng kapwa Pilipino.”

Ceasare Lombroso – born criminals

Charles Darwin – theory of evolution
Raffaele Garofalo - criminologia
Atavistic – failed to involve to a fully human and civilized state (animalistic)
Divine Law – law believed to come directly from God
Sin – act or omission against the spiritual or divine law
Statutory Law – all laws made by people
Society – similar institutions, traditions, nationality – people>police power>laws>jurisdictions –
(crime is not a component of society, it is a social phenomenon)

Mens Rea – criminal intent

Actus Reus – criminal act
Aoyia logia – study/studies (Greek)

Criminalistics – expert more on physical evidences (identifies, compares, analyses, interprets

physical evidences)
Penologists – studies theory and practice management (correctional facilities)
Victimologists – studies relationship between offender and victim

Principal Parts of the Revised Penal Code

 Article 1 to 20 – Principles of Affecting Criminal Liability

 Article 21 to 113 – Provisions on penalties including criminal and civil liability
 Article 114 to 367 – felonies defined under the different titles

Crime – any act or omission punishable by law

Criminal – refers to a person who had been investigated, arrested and convicted for violating
the criminal law
Italian School – school of thought theorized that criminals differ from non-criminal with
reference to certain physical traits which Lombroso called “Stigmata of Degeneracy”

Republic Act No. 6506 – an act creating the board of examiners for criminologist in the
Philippines and for other purposes.
Section 22. Criminologist Defined. Criminologist is any type of person who is a graduate of the
Degree of Criminology, who has passed the examination for criminologists and is registered as
such by the board.

Significance of the Study of Criminology

 - Study of the causes of crimes and development of criminals
- Study of the origin and development of criminal laws
- Study of the different factors that enhances the field such as:
a) Criminal Demography – study of the relationship between criminology and
population
b) Criminal Ecology – study of the relationship between environment and
criminality
c) Criminal Epidemiology – study of the criminality in relation to special
distribution of community
d) Criminal Physical Anthropology – study of the criminality in relation to physical
construction of man
e) Psychiatry – study of human mind in relation to criminality
f) Criminal Sociology – study of the effects of social conditions on crime and
criminals including the machinery of justice and the evolution of criminal and
punishment
g) Victimology – study of the role of the victim in the commission of the crime

Offense – act or omission that is punishable by special laws such as Republic Acts (RA),
Presidential Decrees (P.D.), Executive Orders (E.O.), Memorandum Circulars (M.C.), Ordinances
and Rules and Regulations.
Delinquency / Misdemeanor – acts that are in violations of simple rules and regulations usually
referring to acts committed by minor offenders.
Felony – acts that are in violation of Revised Penal Code

Philosophies that govern adulthood

1. General Deterrence
2. Specific Deterrence
3. Incapacitation
4. Vengeance
5. Retribution

First offenders – first time to commit crime

Recidivist – 3 or more times of offending crime
Age of discernment – capacity of an adult to think what is right and wrong

Criminal Formula – C=T+S/R

T – Criminal Tendency
S – Total Situation
R – Resistance

Kallikak Family – feeble minded persons; researched by Calvin Goddard

Kallos – good (Greek word)
Kakos – bad
Deborah Kallikak – Emma Wolverton (real name); quacker woman; impregnate by Martin
Kallikak
Martin Kallikak – soldier in England; war soldier
John Wolverton – Martin Kallikak Jr.; son of Deborah and Martin
Juke Family – criminality, prostitutes; researched by Richard Dugdale
Ada Juke – Mother of all Criminals (Margaret)

Holy three of criminology

1. Cesare Lombroso
2. Enrico Ferri
3. Raffaele Garofalo

THEORIES OF CRIME
The Schools of Thought of Criminology
A school of thought is a body of ideas or principles advocated by its proponents.
Their proponents explain the causes of crime established the schools of thought of
criminology.
3 major criminology schools of thought
1. Classical School
2. Neo-Classical School
3. Positive School
Classical School
• Crimes and their punishments should be balanced and fair
• Utilitarianism – behavior must be useful, purposeful, and reasonable
• “let the punishment fit the crime”
Cesare Beccaria (1738 – 1794)
• Cesare Bonessa Marchese Beccaria
• Lawyer from Milan Italy whose writings descripted both a movie for committing crime
and methods for its control.
• His book “Dei Dellitie delle pene” (Ob Crimes and Punishment) described both motive
for committing crime and methods for its control was published in July 1764 in Italy.
• His theory was based on free will and that people want to achieve pleasure and avoid
pain.
Freewill – a philosophy advocating punishment severe enough for people to choose to avoid
criminal acts. It includes the benefit the belief that a certain criminal act warrants a certain
punishment without any variation.
Jeremy Bentham (1748 – 1832) – Utilitarian Theory
 • An English legal philosopher devoted his life in searching for scientific approaches in the
making of laws and the solutions of breaking of laws.
• “greatest happiness of the greatest number of pain”
• He proposed the “Utilitarian Hedonism”, the theory which explains that a person always
acts in such a way as to seek pleasure and avoid pain.
• If a person commits a crime, he causes pain (damage or injury) to his victim while he
gains pleasure (fruit of the crime) of his act.
• Laws are created to provide happiness (pleasure, due to peace and order) in the
community.
Argument Against the Classical Theory
1. Unfair – it treats all men as if they are robots without regard to individual differences
and surrounding circumstances when the crime is committed.
2. Unjust – it imposes equal punishments to first offenders and recidivists.
3. It is the Magna Carta (a document constituting a fundamental guarantee of rights and
privileges) of the professional criminals. He knows what is coming to him and could
calculate the risk.
4. It considers only the injury caused, not the mental condition of the offender.

Neo-Classical School of Criminology

• The Neo (new) Classical School was a modifier of the classical school of Becarria. It also
adhered to the principle of responsibility under the free will, but provided some
improvements.
• This theory argues that classical theory should be modified in certain details. Since
children and lunatics cannot calculate pleasure and pain, they should not be regarded as
criminals, or to be punished.
• Individual responsibility is taken into account, considering the psychology and sociology
of crimes.
• Became the basic principles of judicial and legal systems of the western civilization
during the last century, and even up to the present.
Principles of the Neo-Classical School
• Judges should render sentence with minimum and maximum limits.
• Mitigating and justifying circumstances should be recognized in the imposition of the
penalties.
• Minors are exempted from criminal responsibilities.
• Mentally deficient and insane persons at the time of the commission of the crime are
also exempted from criminal responsibility.
Positive School of Criminology
• Rather than rely on pure thought and reason, careful observation and analysis of natural
phenomena was being undertaken to understand the way the world worked. This
movement inspired new discoveries in biology, astronomy, and chemistry.
Auguste Comte (1798 – 1857)
• Founder of Sociology
 • French national who applied scientific methods to the study of society and the one who
gave sociology its name published in his six volume “Course de Philosophies Positive”
(Course Positive Philosophy) between 1830 – 1842.
• According to Comte, societies pass through stages that can be grouped on the basis of
how people try to understand the world which they live. People in the primitive
societies believed that inanimate objects have life (for example, the sun is god); in later
social stages, people embrace a rational, scientific view of the world.
• Comte called this final stage the positive stage, and those who followed his writings
became known as positivists. He contends the idea that there could be no real
knowledge of social phenomenon unless it was based on a positive (scientific) approach.
Thus, he earned the title of the Father of Positivism.
Two main elements of positivism
1. The first is the belief that human behavior is a function of external forces that are
beyond individual control. Some of these forces are social, such as wealth and class,
while others are political and historical, such as war and famine. Other forces are more
personal and psychological, such as an individual’s brain structure and his or her
biological makeup or mental ability. Each of these factors influences human behavior.
2. The second aspect of positivism is the embrace of the scientific method to solve
problems. Positivists rely on strict use of empirical methods to test hypotheses. That is,
they believe in factual, firsthand observation and measurement of conditions and
events. Positivists would agree that an abstract concept such as “intelligence” exists
because it can be measured by an IQ test. They would challenge a concept such as the
“soul” because it is a condition that cannot be verified by the scientific method. The
positivist tradition was popularized by Charles Darwin (1809 – 1882), whose work on
human evolution encouraged a nineteenth-century “cult of science” that advocated
verifying all human activity by scientific principles.
Positivists Criminology
The positive school of criminology is composed of many schools of thought that are
using scientific methods in explaining crime.

 Biological School
 Psychological School
 Social School
Criminology in Europe
It was in the late 19th century, Dr. Cesare Lombroso, an Italian founded for the first time
ever, the Positive School of Criminology. According to Dr. Lombroso, a criminal person by birth
is a distinct type. This type of criminal can be recognized through his own personal stigmata or
anomalies, such as symmetrical (divided) cranium or bones forming the enclosure of the brain;
long lower jaw, flat nose, scanty (barely sufficient) beard; and low sensitivity to pain. These
physical anomalies do not in themselves cause crime, rather they identify the personality which
is predisposed to the savage type atavism or appearance in an individual or some
characteristics founds in a remote ancestor but not in a nearer ancestor.
The proponents of the Italian or Positive School were Cesare Lombroso, Enrico Ferri and
Raffaele Garofalo. In this field, they are renowned as the “Holy Three of Criminology” since
they spearheaded the scientific or positive way of looking at the criminal. The three agreed in
shifting the old orientation from the criminal.
 In Italy Cesare Lombroso (1835 – 1909) studied the cadavers of executed criminals in a
effort to scientifically determine whether law violators physically different from people of
conventional values and behavior. Lombroso known as the “Father of Criminology” was a
physician who served much of his career in the Italian army. That experience gave him many
opportunity to study the physical characteristics of soldiers convicted and executed for criminal
offenses. Later he studies inmates at institutes for the criminality insane at Pavia, Pesaro and
Reggio Emilia.
Lombrosian theory can be outlined in a few simple statements. First, Lombroso believed
that serious offenders, those who engaged in repeated assault or theft-related activities,
inherited criminal traits. These “born criminals” inherited physical problems that impelled them
into a life of crime. This view helped stimulate interest in criminal anthropology. Second,
Lombroso held that born criminals suffer from atavistic anomalies – physically, they are
throwbacks to more primitive times when people were savages.
Lombroso compared criminal behavior to that of the mentally ill and those suffering
some forms of epilepsy. According to Lombrosian theory, criminologenic traits can be acquired
through indirect heredity, from a degenerate family with frequent cases of insanity, deafness
syphilis, epilepsy, and alcoholism among its members. He believed direct heredity – being
related to a family of criminals – is the second primary cause of crime.
Lombroso’s version of criminal anthropology was brought to the United States via
articles and textbooks that adopted his ideas. He attracted a circle of followers who expanded
upon his vision of biological determinism. His work was actually more popular in the United
States than it was in Europe. By the turn of the century, American authors were discussing “the
science of penology” and “the science of criminology”.
Lombroso’s version of strict biological determinism is no longer taken seriously. Today
criminologists who suggest that crime has some biological behavior. Hence the term biological
theory has been coined to reflect the assumed link between physical and mental traits, the
social environment, and behavior.
Classification of Criminals by Lombroso:

 Born Criminals – there are born criminals according to Lombroso, the belief that
criminal behavior is inherited.
 Criminal by Passion – are individuals who are easily influenced by great
emotions like fit of anger.
 Insane Criminals – are those who commit crime due to abnormalities or
psychological disorders. They should be exempted from criminal liability.
 Criminaloid – a person who commit crime due to less physical stamina/self-
control.
 Occasional Criminal – are those who commit crime due insignificant reasons that
pushed them to do at a given occasion.
 Pseudo-criminals – are those who kill in self-defense.
Enrico Ferri (1856 – 1929)
He was best known Lombroso’s associate. Member of Parliament accomplished public
lecturer, brilliant lawyer, editor, and scholar. Although he agreed with Lombroso on the
biological bases of criminal behavior, his interest in socialism led him to recognized the
importance of social, economic, and political determinants.
His greatest contribution was his attack on the classical doctrine of free will.
 He believed that criminals could not be held morally responsible for their crimes
because they did not choose to commit crimes but, rather were driven to commit them by
conditions in their lives. He also claimed that strict adherence to preventive measures based on
scientific methods would eventually reduce crime and allow people to live together in society
with less dependent on penal system.
Rafaelle Garofalo (1852 – 1934)
Another follower of Lombroso, an Italian nobleman, magistrate senator, and professor
of law. Like Lombroso and Ferri, he rejected the doctrine of free will and supported the position
that the only way to understand crime was to study it by scientific methods. Influenced on
Lombroso’s theory of atavistic stigmata (man’s inferior/animalistic behavior), he traced the
roots of criminal behavior not to physical features but to their psychological equivalents, which
he called “moral anomalies.”
According to his theory, natural crimes are found in all human societies, regardless of
the views of the lawmakers, and no civilized society can afford to disregard them.
Natural crimes, according to Garofalo, 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 / revenge.

 Violent Criminals – those who commit crime against property.
 Lasciviousness Criminals – those who commit crime against chastity.

Comparison of the Classical and Positivist School

Classical School Positivist School

 Legal definition of crime  No to legal definition
 Punishment fit for the crime  Punishment fit the criminal
 Doctrine of Freewill  Doctrine of determinism
 Death penalty allowed  Abolition of the death penalty
 No empirical research  Inductive method
 Definite sentence  Indeterminate sentence

Edwin Sutherland (1883 – 1950)

 Theory of Differential Association

 His theory was based on the Theory of Imitation of Gabriel Tarde (1843 – 1904). Tarde
believed that criminal skills can be learned imitated.
 Sutherland stressed that individuals acquire or learn criminal behavior through
association or socialization.
 Sutherland has been referred to as “the most important criminologist of the twentieth
century” because his explanation about crime and criminal behavior can be seen as a
corrected extension of social perspective. For this perspective, he was considered as the
“Dean of Modern Criminology”.
 DAT – Differential Association Theory, which maintains that the society is composed of
different group organization, the societies consist of a group of people having
criminalistic tradition and anti-criminalistic tradition. And that criminal behavior is
 learned and not inherited. It is learned through the process of communication, and
learning process includes technique of committing the crime, motive and attitude.
Sociology causes refer to things, place and people with whom we come in contact and
which play a part in determining out actions and conduct. These causes may bring about the
development of criminal behavior and author Sutherland briefly explains the process by which a
particular person comes to engage in criminal behavior. The following are the processes:

 Criminal Behavior is learned. This conclusion negates the theory that criminal
behavior is inherited. Likewise criminal behavior is not an invention by the criminal
himself but learned in the process of association with others.
 Crime is learned by participation with others in verbal and non-verbal
communications.
 Families and friends have the most influence on the learning process.
 The learning process includes the technique of committing the crime and the specific
directions of motives, drive and attitude.
 Not everyone in the society agrees that the law should be obeyed; some people
define it unimportant.
 A person becomes delinquent because of an excess definition favorable to the
violation of laws over to the definitions unfavorable to the violations of laws.
 Differential associations vary in frequency, duration, priority and intensity. The
extent to which associations and definitions will result in criminality is related to the
frequency of contacts and their meaning to the individual.
 The process of learning criminal behavior by association with criminal and anti-
criminal patterns involves all the mechanisms that are involved in any other learning.
 While criminal behavior is an expression of general needs and value, it is not
explained by those general needs and values, since non-criminal behavior is an
expression of the same needs and values. Thieves generally steal in order to secure
money, but likewise honest laborers work in order to secure money, the needs or
value.