Introduction to Criminology

PRELIM

What is CRIMINOLOGY?

Broader Sense

- The body of knowledge regarding crimes and criminals and the effort of the society to
prevent and repress them.

Narrow Sense

- Study of crimes and criminal behaviors.

PRINCIPAL DIVISION OF CRIMINOLOGY (Tradio, 1999)

1. – Analysis of the causation of crimes and the behaviour of the criminal.

2. – Investigation of the nature of criminal law and its administration.
3. – Study of the control of crimes and the rehabilitation of the offender.

BRIEF HISTORY

The study of criminology started in Europe when the Founder of the Positivist School of Thought,
Dr. Cesare Lombroso advocated the theory that crime can be attributed to a hereditary predisposition in
certain individuals.
In later part of the 19th century, criminology was accepted as a field of study by the department
of sociology in the United States of America and many American sociologists became interested on it
because thet were impressed in the Lombrosorian’s arguments, but not until about 1915 where in the
environmental factors became more popular & accepted as the causes of criminality.
In the Philippines, the first school of criminology was established & founded by Manila Major
Police Eliseo Vibar, Dr. Pedro Solis of the National Bureau of Investigation, Supreme Court Associate
Justice Felix Bautista Angelo & others on the 1950’s at Sta Cruz, Manila. This pioneering School for
scientific crime detection in the country & Southeast Asia was the Plaridel College, now known as the
In the early part of 1960’s criminology course was also
offered by the University of Manila, Abad Santos College, University of Visayas, University of Mindanao,
University of Baguio and in all regions of the country.
Criminology is a scientific study of crimes and criminals as a social phenomenon. Generally, it is
not an absolute science because its principles have not yet acquired universal validity & acceptance. It
is not fixed and it varies from time & place to another. However, considering that it is an objective &
systematic study of social phenomenon & other body of knowledge, it is a science in itself especially
when under the following nature:
NATURE OF CRIMINOLOGY

1. – the study of crimes, psychology, anthropology, & other natural sciences

may be applied. In scientific crime detection, different branches of criminalistics like Forensic
Chemistry & Toxicology, Legal Medicine, Questioned Document Examinations, Dactyloscopy &
others may be used.
crime is considered part of the social science because it’s a creation of
men who are members of the society.
the body of knowledge about crimes & criminals changes as the social condition
changes. It is not fixed nor permanent instead it varies from one place to another.
 the study of criminology must be in relation with the existing penal law within
a specific territory because an act in one country may be considered a crime but not in other
countries.

SCOPE OF THE STUDY OF CRIMINOLOGY

1. Study of the origin and development of criminal law or penal law.

2. Study of the causes of crimes and development of criminals.
3. Study of the different factors that enhances the development of criminal behavior such as:

1. CRIMINAL DEMOGRAPHY
-Study of the relationship between criminality and population.

2. CRIMINAL EPIDIOMOLOGY
-Study of the relationship between environment and criminality.

3. CRIMINAL ECOLOGY
-Study of criminality in relation to spatial distributions in a community.

4. CRIMINAL PHYSICAL ANTHOROPOLOGY

-Study of criminality in relation to physical constitution in a community of men.

5. CRIMINAL PSYCHOLOGY
-Study of human mind and behaviour in relation to physical constitution of men.

6. CRIMINAL PSYCHIATRY
-Study of mental and behavioural disorders in relation to criminality.

7. VICTIMOLOGY
-Study of role of the victim in the commission of a crime.

Major Areas Studies in Criminology

1. Dactyloscopy
2. Police Photography
3. Polygraphy
4. Ballistics
5. Questioned Document Examination
6. Penology
7. Police Supervision and Administration
8. Investigation and Detection of crimes
9. Industrial Security Management
10. Traffic Accident Investigation
11.

LAW RELATED
REPUBLIC ACT (RA 6506) - An act creating the Board of Examiners for Criminologist in the Philippines
and for other Purposes. Which was approved and became effective on JULY 1, 1972.
REPUBLIC ACT (RA 11131) - An act regulating the practice of Criminology Profession in the Philippines,
and appropriating funds therefor, repealing for the purpose Republic Act No. 6506, otherwise known as
"An act creating the board of examiners for Criminologists in the Philippines".
CRIMINOLOGIST- According to Section 22 of RA 6506 is any person who is a graduate of the Degree of
Criminology, who has passed the examination for Criminologists and registered as such by the Board.
SECTION 23 of RA 6506 (practice of Criminology) states that a person is deemed to be 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.

2.) As a law enforcement administrator.

3.) As technician in dactyloscopy, ballistics, questioned documents, police photography, lie detection,
forensic chemistry and other scientific aspects of crime detection;

4.) As correctional administrator, executive supervisor, worker or officer in any correctional and penal
institutions;
5.) As counselor, expert, adviser, researcher in any government or private agency on any aspects of
criminal research or project.
SECTION 24 of RA 6506 - All certified criminologists are exempted from taking Civil Service
Examinations to qualify for the following government positions:
1.) Dactylographer;
2.) Ballistician;

3.) Questioned document examiner;

4.) Correctional officer;

5.) Law enforcement photographer;

6.) Lie detection examiner;
7.) Probation officer;

8.) Agents in any law enforcement agency;

9.) Security officer;
10.) Criminal investigator, or

11.) Police laboratory technician.

As for promotion in the PNP, licensed criminologists are also exempted from taking the NAPOLCOM
(National Police Commission) promotional examinations, which form part of the mandatory
requirements for regular promotion.

Importance of Studying Criminology

1. A source of philosophy of life. The knowledge derived from studying crime is a good
foundation for an individual’s philosophy and lifestyle;
2. A background for a profession or for social service;
3. Because criminals are legitimate objects of interest. They should be understood in order
to know how to control them;
4. Because crime is costly problem. The value of property lost, medical expenses, insurance,
moving costs, and intangible costs of pain and suffering is too high as a result of
victimization.
FUNDAMENATAL STUDY OF CRIMINAL LAW

What is Criminal Law?

- It is the branch of public law, which defines crime, treat of their nature and provides for their
punishment. This is also known as In the Philippines, we have the Revised Penal
Code (RPC), which is the book that contains the Philippine Criminal Law, different special
laws and decrees, which are penal in nature. It took effect on January 1, 1932.

Development of Criminal Law

The beginnings of criminal law can be traced more ted odes recorded in history than 3,000 years ago.
The following are the ancient legal codes recorded in history:
The Code of Hammurabi (1750-1792 B.C.).

It established a system of crime and punishment based on physical retaliation or an

method. If a physician performed a careless operation, his hand was removed; if he
were responsible for the death of a woman through a miscarriage, the life of one of his daughters was
taken. The severity of punishment also depended on class standing; if convicted of an unprovoked
assault, a slave would be killed, whereas a freeman might only loss a limb.

The Mosaic Code (1200 B.C.) of the Israelites.

This was based on tradition that God entered into a covenant or contract with the tribes of Israel. In
return for God's special care and protection, they agreed to obey his law (the 613 law of the Old
Testament, including the Ten Commandments) presented to them by Moses.
The Roman Law. (450 B.C.).

This is contained in the Twelve Tables, formulated by a special commission of ten noble Roman men in
response to pressure from lower classes, who were referred to as . The plebeians and
unlimited power to the wealthy classes, known as patricians, who served as magistrates. The remnants
of the code reflect laws on debt, family relations, property and other daily matters.
The Common Law.

Because the ancient legal codes had been lost during the Dark Ages (Middle Age) the concept of law
and crime during this long 500-year period was in disarray and often guided by superstition and local
custom. It was only during the reign of Henry II (1154-1189) that a standardized law and justice system
known as common law was developed. Under this law, if a new rule was successfully applied in a
number of different cases, it would become a precedent. These precedent would then commonly
applied in all similar cases, hence the term be common law. Crimes such as murder, burglary, arson
rape are common-law crimes whose elements are initially defined by judges. They were referred to as
mala in se, or inherently evil and bad. This early English Law became the standardized law on inherently
evil and bad. It became the standardized law of England; eventually, it formed the basis of the criminal
law of the United States.
The Code of Kalantiaw (1433).

A mythical legal code believed to have been written by Datu Kalantiaw of the island of Negros, the Code
of Kalantiaw purportedly had existed during the Pre-Spanish era. It is regarded as the first set of
criminal laws in the country (though some historians consider the code as a disputed document). The
code is known for imposing cruel forms of punishments such as drowning in a river, dipping hands in
boiling water exposure to ants, and flogging with spines to death.
Upon the coming of the Spaniards, the was made applicable by virtue of Royal
Degree of 1870. It was later replaced by the old Penal Code (1876) until the American colonization. On
December 8, 1930, the same penal code was amended through Act No. 3815, otherwise known as "The
Revised Penal Code”

Sources of Philippine Criminal Law

1. The Revised Penal Code (Act No. 3815) and its amendments
2. Special laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature,
National Assembly, the Congress of the Philippines, and the Batasang Pambansa
3. Penal presidential decrees issued during the Martial Law
Note: Court decisions are not considered as sources of criminal law; since they merely explain the
meaning and apply the law enacted by the legislative branch of the government.

Principal Parts of Revised Penal Code

The following are the major parts of the Philippine Criminal Law:
1. Articles 1 to 20 – principles affecting criminal liability

2. Articles 21 to 113 – provisions on penalties including criminal and civil liability

3. Articles 114 to 367 – felonies defined under the different titles

Two Important Theories in Criminal Law

1. Classical Theory – crime is caused of human free well (Cesare Becarria)

2. Positivist Theory – criminal are born (Cesare Lombroso)

Some Theories as to the Criminal Law

1. That criminal law originated from private wrong or tort.

2. That criminal law originated from the national processes of a unified society.

3. That criminal law originated from the development of customs, usage and tradition.
4. That criminal law originated from conflict of interest of different social groups.

Characteristic of Criminal Law

1. It is general in application.
-the law is applied to persons within the territory irrespective of sex, race, nationality or civil
status except for the following:
a. Head of State;
b. Foreign Diplomats, Ambassadors who are duly accredited to our country;
c. Foreign Troops permitted to march within territory.

2. It is territorial in character.
-the RPC is applicable to felonies committed within the Philippine territorial jurisdiction & such
cases mentioned in Art. 2 of the Penal Law.
 3. It must be prospective.
-the provisions in the RPC cannot be applied if the act is not yet punishable on the time it was
committed. On the other hand, it may be given a retroactive effect if it is favourable to the
accused that is not a habitual criminal.

4. It is specific and definite.

-the criminal law gives a strict definition of specific act committed.

5. It is uniform in application.
-when law is general in application, the punishment given is to convict a person is in the same
context that no exemption must made as to criminal liability.

6. There must be a penal sanction or punishment.

-it is the most important part of in the violation of laws since it acts as deterrence in further
violation of laws.

Circumstances Affecting Criminal Liability

Justifying

Exempting

Mitigating

Aggravating

Alternative
Object of Interest in Criminology

Crime

- Defined as an act committed or omitted in violation of a public law for biding or commanding
it.
- It is also defined as an act that violates the law of the nation.

General Categories of Crimes

The following are the different categories of crimes punishable under different laws of the land:
1. Felony – it refers to any act or omission punishable by the Revised Penal Code.

ELEMENTS OF FELONY

a. There must be an act or omission.

b. The act or omission must be voluntary.
c. It must be punishable by law.

2. Offense – it is any act or omission in violation of Special Laws or Presidential Decrees

3. Infraction/ Delinquency/Misdemeanor- it is any breach of the municipal or city ordinance.

Elements of Crimes/ of Crime

Crime would not be committed without any of its essential elements.

- It is what induces / pushes the person to commit crime.

 - This refers to the physical possibility that the crime could have been committed.

- It is the ability of a person to execute the acts or omission punishable by the laws.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

a. ACQUISITIVE CRIME
- When the offender acquires something as a consequences of his criminal act.
b. EXTINCTIVE CRIME
- When the end of the result of criminal act us destructive.

a. SEASONAL CRIME
- Those committed only during a certain period of the year.
b. SITUATIONAL CRIME
- Those committed only when given the situation conducive to its commission.

a. INSTANT CRIMES
- Those committed in the shortest possible time.
b. EPISODAL CRIMES
- Those committed by a series of act in a lengthy space of time.

a. STATIC CRIMES
- Those committed in only one place.
b. CONTINUING CRIMES
- Those that can be committed several places.

a. RATIONAL
- Those committed with intention and offender us in full possession of his sanity.
b. IRRATIONAL
- Those committed by persons who do not know the nature and quality of his act on account
of the disease on the mind.

a. WHITE COLLAR CRIMES

- Those committed by person of respectability and of upper socio economic class in the
course of their occupational activities.
b. BLUE COLLAR CRIMES
- Those committed by ordinary professional criminal to maintain their livelihood.

a. CRIMES OF THE UPPER WORLD

- Those are committed by individuals belonging to the upper class of society.
b. CRIMES OF THE UNDER WORLD
- Those are committed by members of the lower or under privilege class of society.
Other classes of Crimes

a. Crimes by Imitation
 b. Crimes by Passion
c. Crimes by Service

LEGAL CLASSIFICATION OF CRIMES

a.
a. Felonies
- These are the acts and omissions punishable by law. Generally, a felony is a relatively serious
offense punishable by death, a fine or confinement in a national prison for more than one
year.
b. Misdemeanors
- They are minor offenses that are punishable by no more than fine and / or one year
imprisonment, typically in a local jail.

b.
a. Mala in se
- The term means "evil in itself." They crimes that are “wrong in themselves." They are
characterized by universality and timelessness, that is, they are considered crimes
everywhere and have been crimes at all times. For example: murder, rape and robbery
b. Mala prohibita
- This means wrong because it prohibited." They are offenses that are illegal because laws
define them as such. They lack universality and timelessness. For example: gambling,
trespassing, prostitution, dynamite fishing, illegal logging, and illegal possession of firearms.

a. by means of dolo or deceit

- When the act was done with deliberate intent.
b. by means of culpa or fault
- When the wrongful act results from imprudence, negligence lack of foresight or lack of skill.

a. ATTEMPTED CRIMES
- When the offender commences the commission of a felony directly by overt acts and does
not perform all the acts of execution which could produce the felony by reason of some
causes or accident other that his own spontaneous desistance.

b. FRUSTRATED CRIMES
- When the offender has performed all the acts of execution which could produce the felony by
reason of some causes or accident other than his own spontaneous desistance.

c. CONSUMATED CRIMES
- When all the elements necessary for its execution and accomplishment are all present.

a. SIMPLE CRIMES
- When a single act constitute only one offense.
b. COMPLEX CRIME
- When a single act constitute two or more grave felonies or when an offense is a necessary
means for committing the other.
 Entire Minimum Medium Maximum
Name Type Accessory penalties
length length length length

Perpetual absolute
Not applied; commuted to disqualification and that of civil
Death Capital
interdiction during thirty years
following the date of sentence

20 years and 1 day to 40 years[7]

14 Civil interdiction for life or during

12 the period of the sentence as the
12 years years
years 17 years case may be, and perpetual
and one and 8
and and 4 absolute disqualification
day to 14 months
one months
years to 17
day to to 20
and 8 years
Afflictive 20 years
months and 4
years
months

If disqualification is
6 years imposed, 12 years and 1 day
8 years
and 6 years 10 years
and 1 Temporary absolute
one and 1 and 1 day
day to disqualification and that of
day to day to 8 to 12
10 perpetual special
12 years years
years disqualification from the
years
right of suffrage

Suspension from public office,

from the right to follow a
profession or calling, and that of
perpetual special disqualification
from the right of suffrage, if the
2 years, duration of said imprisonment
6 6 months 4 shall exceed eighteen months.
months and 1 months 4 years, 2
Suspension If suspension is imposed, 6 years
and day to 2 and 1 months
one years day to 4 and 1 day Any person sentenced to
day to and 4 years to 6 years destierro shall not be permitted
Correctional 6 years months and 2
to enter the place or places
months
designated in the sentence, nor
within the radius therein
specified, which shall be not
more than 250 and not less than
25 kilometers from the place
designated.
1 2 4 months
1 month Suspension of the right to hold
month months and 1 day
to 2 office and the right of suffrage
and 1 and 1 to 6
months during the term of the sentence
day to day to 4 months

a. GRAVE FELONIES
- Those in which the law attaches the capital punishment or afflictive penalties.
b. LESS GRAVE FELONIES
- Those in which the law punishes with penalties which are correctional in nature.
c. LIGHT FELONIES
- Those infractions of law for the commission of which the penalty of arrests minor or a fine
not exceeding 200 pesos are impost.
 6 months
months

1 day 11 days 21 days

1 day to
Light to 30 to 20 to 30
10 days
days days days

a. Crimes against honor

b. Crimes against person
c. Crimes against property
d. Crimes against chastity
e. Crime against public order

Introduction to Criminology
MIDTERM

STUDY OF CRIMINALS

LEGAL DEFINITION

-A person who committed a crime and has been convicted by a court of the violation of a criminal law.
SOCIAL DEFINITION

-A person who violated a social norm or one who did an anti-social act.

PSYCHOLOGICAL DEFINITION

-A person who violated rules of conduct due to behavioural maladjustment.

Who is a Criminal?

He a person who has committed a wrongful act punishable by the law of the land & been finally
convicted of the case charged against him in the competent court of justice.

Criminological Classification of Criminals

a. Acute Criminal
- He violates a criminal law because of one impulse or fit of passion. They commit passionate
crimes.

b. Chronic Criminal
- He commits crime acted in Consonance of deliberate thinking. He plans the crime ahead of
time. They are the targeted offenders.

b.1. Neurotic Criminal (Kleptomania & Pyromania)

-person’s whose action arise from intra-psychic conflict between the social and
anti-social components of his personality.
b.2. Normal Criminals
-person’s whose psychic organizations resembles that of normal individuals except that
he identified himself w/ criminal prototype.
 a. Ordinary Criminal
- Is considered the lowest form of criminal in a criminal career. He doesn't stick to crime as a
profession but rather pushed to commit crimes due to great opportunity.

b. Organized Criminal
- He associates himself with other criminals to earn a high degree of organization to enable
them to commit crimes easily without being detected by authorities. They commit organized
crimes.

c. Professional Criminal
- Is a person who is engaged in criminal activities with high degree of skill. He is usually one
who practices crime as a profession to maintain a living.

3. Ba
a. Professional Criminals
- Are those who practice crime as a profession for a living. Criminal activity is constant in
order to by earn skill and develop ability in their commission.

b. Accidental Criminals
- Are those who commit crimes when the ant situation is conducive to its commission.

c. Habitual Criminals
- are those who continue to commit crime because of deficiency of intelligence and lack of
self - control.

a. Active Criminals
- Are those who commit crimes due to aggressiveness.

b. Passive Inadequate Criminals

- Are those who commit crimes because they are pushed to it by reward or promise.

c. Socialized Delinquents
- Are criminals who are normal in behavior but defective in their socialization process or
development.

Based on Legal Classification

Habitual Delinquent is a person who, with in a period of ten years from the date of his release or last
conviction of the crimes of , is
found guilty of any of the said crimes or a third time offender.

Recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal Code.
Quasi-recidivist is one who commits another crime after having been convicted by final judgment of
the crime falling under either the Revised Penal Code or Special Law, before beginning to serve such
sentence or while serving the same.

EXPLANATION TO CRIMINALITY
Types of Explanation to Criminal Behavior

1. SINGLE OR UNITARY CAUSE

Crime is produced only by one factor or variable be they are social, biological or
mental this theory is no longer use at present.

2. MUTIPLE FACTOR THEORY

Crime is not a product of a single cause or factor but a combination of several
factors.

3. ECELECTIC THEORY
Crime is one instance maybe caused by one or more factors while instance it is
caused by another.

APPROACHES AND THEORIES OF CRIME

In general, the approaches in the study of crime are:

1. Subjective Approach
2. Objective Approach
3. Contemporary Approach

Subjective Approaches
It deals mainly on the biological explanations of crimes focused on the form of
abnormalities that exists in the individual criminal before, during and after the
commission of crime.

a. Anthropological Approach
-the study on the physical characteristics of an individual offender with
non-offender in the attempt to discover differences covering criminal behavior.

b. Medical Approach
-the application of medical examinations on the individual criminal explain the
mental and physical condition of the individual prior and after the commission of
crime.

c. Biological Approach
-the evaluation of genetic influences to criminal behavior. It is noted that heredity
is one forces pushing the criminal to commit crime.

d. Physiological Approach
 -it explains that the deprivation of the physical body on the basic needs is an
important determiner of the commission of crime.

e. Psychological Approach
-it concerned about deprivation of the psychological needs of man which
constitute the development of deviations of normal behavior resulting to
unpleasant emotions.

f. Psychiatric Approach
-the explanations of crime through the diagnosis of mental diseases as a cause of
criminal behavior.

g. Psychoanalytical Approach
-the explanation of crimes based on the Freudian theory, which traces behavior as
the deviation of the repression on the basic drives.

Objective Approaches
-deals on the study of groups, social processes and institutions as influence to
behavior.

a. Geographic Approach
-this approach considers topography, natural resources, geographical
location and climate lead on individual to commit crime.

b. Ecological Approach
–it concerned with the biotic grouping of men resulting to migration,
competition, social discrimination, division of labor and social conflict as
factors to crime.

c. Economic Approach
-It deals with the explanations of crime concerning financial security in
adequacy and other necessities to criminality.

d. Socio-Cultural Approach
-those that focus on the institutions economic, financial, education, political
and religious influences to crime.

Contemporary Approaches
-this approach is focused on the psychoanalytical, psychiatric and sociological
explanations of crime in an integrated theory an explanatory perspective that
merges concepts drawn from different sources.

THEORIES OF CRIME
 1. The explanation that crime is caused by demon.

EARLY BEGINNINGS

THE DEMONOLOGICAL THEORY

- According to this explanation, individuals were thought to be possessed by
good or evil spirits, which caused good or evil behavior. The theory maintains
that criminal behavior was believed to be the result of evil spirits and
demons something of natural force that control his/her behavior. (TRIAL BY
ORDEAL)

2. The explanation that crime is cause by divine will.

3. The explanation that crime is the result of free will of men. (CLASSICAL SCHOOL
OF THOUGHT)

PRE-TWENTIETH CENTURY (18TH CENTURY-1798)

THE CLASSICAL SCHOOL OF CRIMINOLOGY
- This school of thought advocated by CESARE BECCARIA whose real name is
CESARE BONESARA MARCHESE DE BECCARIA together with JEREMY
BENTHAM who proposed “ UTILITARIAN HEDONISM” the theory, which
explains that a person always acts in such a way as to seek pleasure and
avoid pain.

- It maintains that man is essentially a moral creature w/ absolute free will to

choose between good and evil. Therefore, stress is placed upon the criminal
himself, that every man is responsible for his act.

FREEWILL (BECCARIA) – a philosophy advocating punishment severe enough for people

to choose, to avoid criminal acts. It includes the belief that a certain criminal acts
warrants a certain punishment w/o variation.
HEDONISM (BENTHAM) – the belief that people choose pleasure and avoid pain.

According to Beccaria, the crime problems could be traced not to bad people but to bad
laws based on the assumption of free will. He proposed the ff principles.
1. Laws should be used to maintain social contact.
2. Only legislator should create laws.
3. Judges should impose punishment only in accordance with law.
4. Punishment should be based on the pleasure pain principle.
5. The Punishment should be determined by the crime.
 6. Punishment should be based on the act not the actor.
7. Punishment should be prompt and effective.
8. All people should be treated equally.
9. Capital punishment should be applied only to serious crimes against the state.
10. The use of torture to gain confession should be abolished.
11. It is better to prevent crimes than to punish them.

Arguments about the Classical Theory

1. Unfair-it treats all men as if they were robot without regard to the individual
differences and the surrounding circumstances when the crime is committed.
2. Unjust- having the same punishment for the first offender and recidivists.
3. The nature and definition of punishment is not individualized.
4. It considers only the injury caused not the mental condition of the offender.

The explanation the crime is a result of free will of men but were committed due to
some compelling reasons prevailed. (NEO-CLASSICAL SCHOOL OF THOUGHT)
exempting circumstances

THE NEO-CLASSICAL SCHOOL OF THOUGHT

- The new-classical school of criminology argued that the situations or

circumstances that made it impossible to exercise freewill are reasons to
exempt the accused from conviction.
- This school of thought maintains that while the classical doctrine is correct
in general, it should be modified in certain details:

a. That children and lunatic should not be regarded as criminals and free from
punishment.
b. It must take into account certain mitigating circumstances.

Positivist School of Thought in Criminology

CESSARE LOMBROSO

The Positivist /Italian School (1838-1909)

The school that composed of Italians who agreed that in the study of crime the emphasis
should be on scientific treatment of study of crime the emphasis should be on scientific
treatment of criminal, not on the penalties to be imposed after conviction.
It maintained that crime as any other act is a natural phenomenon and is comparable to
disaster or calamity. That crime as a social and moral phenomenon which cannot be
treated and checked by the imposition of punishment but rather rehabilitation or the
enforcement of individual measures.
Cesare Lombroso and his two students, Enrico Ferri and Rafaele Garofalo
advocated this school. They are considered as the .

Cesare Lombroso (1836-1909)

The Italian leader of the positivist school of criminology, was criticized for his
methodology and his attention to the biological characteristics of offenders, but his
emphasis on the need to study offenders scientifically earned him the “Father of the
Modern Criminology.” His major contribution is the development of a scientific
approach to the study of criminal behavior and to reform the criminal law. He wrote the
essay entitled “ CRIME: Its Causes and Remedies “ that contains his key ideas and the
classifications of criminals.

Classifications of Criminals by Lombroso

1. Born Criminals – there are born criminals according to Lombroso, the belief that
criminal behavior is inherited.
2. Criminal by Passion – are individuals who are easily influenced by great
emotions like fit of anger.
3. Insane Criminals – are those who commit crime due to abnormalities or
psychological disorders. They should be exempted from criminal liability.
4. Criminoloid – a person who commit crime due to less physical
stamina/self-control.
5. Occasional Criminal – are those who commit crime due to insignificant reasons
that pushed them to do at a given occasion.

Enrico Ferri (1856- 1929)

He was the best-known Lombroso’s associate. He agreed with Lombroso on the
biological bases of criminal behavior, his interest in socialism led him to recognize
the importance of social, economic and political determinants.
His greatest contribution was his attack on the classical doctrine of free will, which
argued that criminals should be held morally responsible for their crimes because
they must have made a rational decision to commit the crime.
He believed that criminals could not be held morally responsible for their 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.

Raffaele Garofalo (1852-1934)

Another follower of Lombroso, an Italian nobleman, like Lombroso and Ferri he
also 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 and others) and piety (revulsion against
the infliction of suffering on others.
Types of Criminals by Garofalo

1. Murderers- those who are satisfied from vengeance/revenge.

2. Violent Criminals- those who commit very serious crimes.
3. Deficient Criminals- those who commit crime against property.
4. Lascivious Criminals – those who commit crime against chastity.

The Classical and Positivist School Compared

CLASSICAL THEORY POSITIVIST THEORY

• Legal definition of crime • No to legal definition

• Punishment fit the crime • Punishment fit the criminal

• Doctrine of free will • Doctrine of determinism

• Death penalty allowed • Abolition of death penalty

• No empirical research • Inductive method

• Definite sentence • Indeterminate sentence

FACTORS AFFECTING DEVELOPMENT AND EXISTENCE OF CRIMES AND

CRIMINALITY
I. GEOGRAPHICAL FACTORS

1. North and South Pole

According to Adolphe Quetelet’s “thermic law of delinquency”
-crimes against person predominate in the South Pole during warm season while
crimes against property predominate in the North Pole and cold countries.

2. Approach to the Equator

According to Montesquieu (Spirits of Law, 1748)
-criminality increases in proportion as one approaches the equator, and drunkenness
increases as one approaches the North and South Pole.

3. Season of the Year

-Crimes against persons are more in summer than in rainy season while crimes
against property are more during rainy season.
 -Climatic condition directly affect 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.

4. Soil Formation
-More crimes of violence are recorded in fertile level lands than in hilly, rugged terrain.
In these places are more congregations of people, and there is more irritation. Also,
there is more incidence of rape in level districts.

5. Month of the Year

-There is frequent incidence of violent crimes during warm months from April to July
having its peak in May. This is due to May festivals, excursions, picnics and other
sorts of festivities wherein people are more in contact with one another.

6. Temperature
-Studies showed that the number of arrests increases quite regularly with the increase
of temperature. Increase of temperature affects the emotional state of the individual
and leads to fighting. Furthermore, the influences of temperature upon females were
greater than upon males.

7. Humidity and Atmospheric Pressure

-According to a 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 vitally and emotionally depressing to individual.
8. Wind Velocity
-Studies explained that during high wind, arrests 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.

II. BIOLOGICAL FACTORS

1. STUDY OF HERIDITY AS THE CAUSE OF CRIME (FAMILY STUDIES)

a. Study of the Juke Family (Richard Dugdale)

-The Juke family consisted of 6 girls some of whom were illegitimate. One of them,
Ada Juke, was known as “The Mother of Criminals.” Dugdale traced the 1,200
descendants for 75 years and found 280 paupers, 60 thieves, 7 murderers, 40 other
criminals, 40 with sexual diseases, 300 infants prematurely born, 50 prostitutes, and 30
who were prosecuted for bastardy.

b. Study of the Kallikak Family (Henry Goddard)

-Martin Kallikak was an American Revolutionary war soldier. While stationed in a
small village, he met a feeble-minded girl and had illicit relations with her. About 489
descendants from this lineage were traced which included 143 feeble-minded and 46
normal. Thirty-six were illegitimate, 3 epileptics, 3 criminals, 8 kept brothels, and 82 died
in infancy.
 c. Study of Jonathan Edwards’ Family
-Sir Jonathan Edwards was a famous preacher during the colonial period. When
his family tree was traced, none of the descendants was found to be criminal. Rather,
many became presidents of the US, governors, members of Supreme Court, famous
writers, preachers and teachers.

2. PHYSIOGNOMY
-This is the study of facial features of a person in relation to his criminal behavior.
This is done to determine whether the shape of the ears, nose and eyes, and the
distances between them were associated with anti-social behavior.

3. PHRENOLOGY OR CRANIOLOGY
-This is the study of the external formation of the skull indicating the conformation
of the brain and the development of its various parts in relation to the behavior of
criminals. This is associated with the work of Franz Joseph Gall.

4. STUDY OF PHYSICAL DEFECTS IN RELATION TO CRIMES

-Leaders of notorious criminal groups are usually nicknamed, in accordance with
their physical defects or handicaps, such funny names as “Dorong Pilay,” “Asiong
Bingot,” “Densiong Unano,” and others. These physical defects were the usual
source of irritation during their childhood days whenever they were the subject of
mockery by others.
As a result, they develop inferiority complex. Consequently, they have poor social
relationship and serious emotional disturbances. They lack competitiveness
occupationally and socially, and they become frequently irritated by people. This
makes them resort to violent criminal behavior.

5. PHYSIOLOGY OR SOMATOTYPE
It refers to the study of the body build of a person in relation to his temperament
and personality and type of offense he is most prone to commit.

Ernst Kretschmer

-the idea of somatotyping was originated from his work. He

distinguished three principal types of physique.

William Sheldon
-he became popular of his own somatotyping theory. His key ideas are
concentrated in the principle of “SURVIVAL OF THE FITTEST.”
 Other Related Studies

CHARLES DARWIN

In the “Theory of Evolution”, he claimed that humans, like other animals, are parasite. Man is an
organism having an animalistic behavior that is dependent on other animals for survival. Thus, man kills
and steal to live.

CHARLES GORING

The medical officer in prison in England who accepted the Lombroso’s challenge that body
physique is a determinant to behavior. Goring concluded that there is no such thing as physical criminal
type. He contracted the Lombroso’s challenge that body physique is a determinant to behavior. Goring
concluded that there is no such thing as physical criminal type. He contracted the Lombroso’s idea that
criminality can be seen through features alone.
ERNEST HOOTON’S THEORY

An anthropologist re-examined the work of Goring and found out that “Tall thin men tend to
commit forgery and fraud, undersized men are thieves, and burglars, short heavy person commit
assault, rape and other sex crimes; whereas mediocre (average) physique flounder around among other
crimes.

He also contended that criminals are originally inferior and that crime is the result of the impact
of environment.

PSYCHOANALYTICAL AND PSYCHIATRIC FACTORS

PSYCHOANALYSIS

- The analysis of human behavior.

PSYCHIATRY

- The study of human mind.

Various Studies of Human Behavior and Mind in relation to the causes of Crimes

1. AICHORN

His book entitled “WAYWARD YOUTH”, said the cause of crime and delinquency is the faulty
development of child during the first few years of his life.

2. ABRAHAMSEN

In his crime and the human mind, explained the causes of crime by this formula,

“CRIMINAL BEHAVIOR equals criminalistics tendencies plus crime inducing situation divided by the
person’s mental or emotional resistance to temptation.

3. CYRIL BURT

Gave the theory of general emotionality.

4. HEALY

He claimed that crime is an expression of the mental content of the individual.

5. BROMBERG

He claimed that criminality is the result of emotional immaturity.

6. SIGMUND FREUD (Father of Psychoanalysis)

- In the psychoanalytical theory of human personality and crimes has the following explanations:

a. ID

- are the impulse or instinct of social drives. At this point the human being is prepared to behave
only in terms of PLEASURE PRINCIPLE towards the discharge of his instinctual energies.

b. EGO
-This form part of man’s physical organization between his sensory stimuli on one hand and his
motor activity on the other. The ego operates on the basis of expediency. Decisions are reached in
terms of REALITY PRINCIPLE.
c. SUPER-EGO
- means the CONSCIENCE OF MAN. It is the role of the agencies outside the home which tries to
control the ego.

To be normal, there must be a proper balancing of the above components. Imbalance or

disharmony may make the individual neurotic.

GIANELL INDEX OF CRIMINALITY

-This criminosynthesis explains the reasons why a person may commit a crime or inhibit himself
from doing so under the following conditions:

A. NEED FRUSTRATION
-The person before committing the crime is likely to feel unhappy, unsatisfied, resentful or angry
about something in particular or about life in general.

B. INTERNAL INHIBITION
- It refers to all types of internal forces which prevent a person from committing a crime.

C. EXTERNAL INHIBITION
- This refers to all types of external forces which may prevent an individual from committing
crime.

D. CONTACT WITH REALITY

- This refers to the extent to which person can learn from his past experience, especially his past
mistakes, as well as to the extent to which he can evaluate accurately the present situation and fore see
the consequence of his present action in relation to his future.

E. SITUATIONAL CRIME POTENTIAL

- This refers to the cultural opportunity to commit the crime that is to the easiness or possibilities
to commit the crime offered by a given place, situation person or environments.

F. POTENTIAL SATISFACTION
- This refers to the balance of gain and loss that a person may experience if he commits a given
crime.

MENTAL DISTURBANCES AS CAUSES OF CRIMES

1. MENTAL DEFICIENCY / MENTAL RETARDATION

- A condition of arrested or incomplete development of the mind existing before the age of 18
whether arising from inherent or induced by disease or injury.

CLASSES OF MENTAL DEFICIENCY

a. IDIOTS / IDIOCY
- Person whose case there exist mental defectiveness of such a degree that they are
unable to guard themselves against common physical dangers. Their mentality is
compared to a 2 years old.

b. IMBECILES / IMBECILITY
 - Person in whose case there exist mental defectiveness which through not amounting
to idiocy is yet so pronounced that they are incapable of managing themselves or their
affairs. Their mentality is a like a child of 2 – 7 years old.

c. FEEBLE-MINDED PERSON / FEEBLE – MINDEDNESS

- Those in whose case there exist mental defectiveness which thought not amounting
to imbecility is yet so pronounced that they require care, supervision, and control for
their own of for the protection of others or in the case of children, they appear to be
permanently incapable by reason of such defectiveness of receiving proper benefit
from the instruction in ordinary school.

d. MORAL DEFECTIVENESS
- Persons wherein mental exists coupled with strong vicious or criminal propensities
and who required and supervision and control for their own or for the protection of
others.

2. SCHIZOPHRENIA
-this is sometimes called “DEMENTIA PRAECOX or MENTAL DETERIORATION OR SPLIT MIND”
which is a form of psychosis characterized by thinking disturbance and regression to a more relatively
impaired and intellectual functions are well preserved.

3. COMPULSIVE NEUROSIS
-this is uncontrollable or irresistible impulse to do something.
Example:
a. PYROMANIA –compulsive desire to set fire.
b. HOMICIDAL COMPULSION -the irresistible urge to kill somebody.
c. KLEPTOMANIA – the compulsive desire to drink alcohol.
d. DIPSOMANIA –the compulsive desire to drink alcohol.

4. PSYCHOPATHIC DISORDER/ PERSONALITY

-this is the most important cause of criminality among youthful offenders and habitual criminals.
It is characterized by infantile level of response, lack of conscience, deficient feeling of affection to
others and aggression to environment and other people.

5. EPILEPSY
-this is a condition characterized by convulsive seizures and tendency to mental deterioration.

TYPES OF EPILEPSY
a. GRAND MAL –there is complete loss of consciousness and general contraction of muscles.
b. PETIT MAL –mild or complete loss of consciousness and contraction of muscles.
c. JACKSONIAN TYPE –localized contraction of muscles with or without loss of consciousness.

6. ALCOHOLISM
- Is a form of vice causing mental disturbance. It is a condition wherein a person is under the
influence of intoxicating liquor or alcohol.

CAUSES OF ALCOHOLISM
a. Some of people believes that alcohol is an appetizer before taking meal.
b. Sometimes alcohol gives them soothing effects.
c. Alcohol is used as a means of escaping personal problems.
d. As a way of escape from unpleasant realities of life.
 e. Bad influence.

7. DRUG ADDICTION
- another form of vice which causes strong mental disturbance. It is a state of sparodic or
chronic intoxication produced by the repeated consumption of natural or synthetic drugs.

SOCIOLOGICAL CAUSES
-it refers to things, places, and people with whom we come in contact and which play a part in
determining out actions and conduct.

SOME OF THE SOCIOLOGICAL CAUSES OF CRIMES

CHARACTERISTICS OF NORMAL HOMES

1. Physically complete.
2. There is social and religious similarity in the group.
3. It must be economically stable.
4. Both parents must have the same cultural background.
5. There must be physical and psychological normality.
6. There must be functional adequacy.

BASIC NEEDS OF CHILDREN

1. SECURITY
2. RECOGNITION
3. STATUS
4. COMPANIONSHIP

KINDS OF DISORGANIZED OR BROKEN HOMES

1. Home with criminal pattern.

2. Home in which there are unsatisfactory.
3. Home socially or morally maladjusted.
4. Home in which one parent has physical or mental disability.
5. Home under economic pressure / unemployment.

THEORIES ON SOCIOLOGICAL CAUSES OF CRIME

1. DIFFERENTIAL INDENTIFICATION THEORY (DANIEL GLASSER)

 - It was maintained that a person pursues criminal behavior to the extent that he
identifies himself with real or imaginary persons from whose perspective his
criminal behavior seems acceptable.
2. IMITATION SUGGESTION THEORY (GABRIEL TARDE)
- Delinquency and crime pattern are learned and accepted. The learning process
may either be conscious type of copying (imitation) or unconscious copying
(suggestion) of confronting pattern behavior.

3. DIFFERENTIAL SOCIAL ORGANIZATION THEORY

- This is sometimes called SOCIAL DISORGANIZATION. There is social
disorganization when there is breakdown, changes, conflict of values between
the new and the old, when there is reduced. Influence of the social institution
over behavior and when there is declining influence of a solid moral and ethical
front.

4. DIFFENTIAL ASSOCIATION THEORY

- Advocated by EDWIN SUTHERLAND which has been referred to as “the most
important criminologist of the twentieth century” because of his explanations
about crime and criminal behavior can be seen as a corrected extension of
social perspective. For this reason he is considered as the “DEAN OF MODERN
CRIMINOLOGY.”
- DAT maintains that society is composed of different group organization the
societies composed of a group of people having criminalistics tradition and anti-
criminalistics tradition.

5. ANOMIE THEORY (DAVID EMILE DURKHEIM)

- The theory that focused on the sociological point of the positivist school which
explains that the absence of norms in a society provides a setting conducive to
crimes and other anti-social acts.

6. HUMAN ECOLOGY THEORY (ROBERT EZRA PARK)

- This theory maintains that crime is a function of social change that occurs
along with environmental change.
HUMAN ECOLOGY

-the study of the interrelationship of people and their environment.

7. CONTAINMENT THEORY (WALTER RECKLESS)

- It assumes that for every individual there exist a containing external structure
and a protective internal structure, both of which provide defense, protection or
insulation against crime or delinquency.

8. SOCIAL CLASS CONFLICT THEORY (KARL MARK & FREDERICK ENGEL)

 - He claims society is in a state of perpetual conflict because of competition for
limited resources. It holds that social order is maintained by domination and
power rather than consensus and conformity. According to hold on to it by any
reasons possible, chiefly by suppressing the poor and powerless.

9. CAPITALISM (WILLEM BONGER)

- If wealth is unequally distributed and people believe wealth means superiority,
then the inferior will be more deviant attempting to attain the wealth. The
economic system will intensify personal disadvantages and will increase
propensity for deviance.

10. STRAIN THEORY (ROBERT KING MERTON)

- Following on the work of Emile Durkheim, Strain theories have been in sociology
and criminology, which maintains that the failure of man to achieve a higher
status of life causes them to commit crimes in order for that status / goal to be
attained. He argued that crime is a means to achieve goals and the social
structure is the root of the crime problem. Merton’s explanations to criminal
behavior assumes that people are law abiding but when under great pressure
will result to crime.

11. SUB-CULTURE THEORY of Delinquency (ALBERT COHEN)

- It claims that the lower class cannot socialize effectively as the middle class in
what is considered appropriate middle class behavior.

12. NEUTRALIZATION THEORY (GRESHAM SYKES)

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

13. DIFFERENTIAL OPPORTUNITY THEORY (LLOYD OHLIN)

- This theory explained that society leads the lower class to want things and
society does things to people.
- Differential opportunity theory, which is the idea that people (usually teens)
from low socioeconomic backgrounds who have few opportunities for success,
will use any means at their disposal to achieve success. The means are
generally referred to as subcultures.

14. LABELING THEORY (FRANK TENNENBAUM, EDWIN LEMERT & HOWARD

BECKER)
- Is a theory of how the self-identity and behavior of individuals may be
determined or influenced by the terms used to describe or classify them.
- It is associated with the concepts of self-fulfilling prophecy and stereotyping.
15. INSTRUMENTALIST THEORY (EARL RICHARD QUINNEY)
- He argued that the state exist as a device for controlling the exploited class –
the class that labors for the benefits of the ruling class.
- He claims that upper classes create laws that protect their interest and at the
same time the unwanted behavior of all other members of the society.

16. CARTOGRAPHICAL SCHOOL OF CRIMINOLOGY (ADOLPHE QUETELET)

- It focuses primarily on the social statistics, mapping crime and the relationship
between society and the physical environment.