Crim1 073456

Fundamentals of Criminology
Part One: Criminology; Its Origin, Nature, Concept and Scope of Study
Etiology of the word Criminology
The term Criminology was coined by a French Anthropologist named Paul Topinard in
1887 as part of the English language. But it was Raffaele Garofalo, a law professor, who
first coined the term in Italian language, “criminologia” in 1885. Criminology was derived
from the Latin word “CRIMEN”, which can be translated to “accusation” and from a Greek
word “LOGY or LOGOS”, which can also be translated to “study”.
Criminology defined
Criminology is a body of knowledge regarding crime and delinquency as a social

phenomenon. It includes within the scope the process of making laws (sociology of law),
the breaking of laws (criminal etiology) and the reaction towards the breaking of laws
(penology).
It gives more emphasis in the development of a body of general and verified principles
and of other types of knowledge regarding this process of law, crime and treatment. This
means that Sutherland mandated that criminologists, like other social scientist, collect
information for study and analysis in accordance with the research methods of modern
science.
Criminology may refer also to the scientific study of crimes, criminals, and victims; it also
deals with the prevention, and solution of crimes. (Section 4, RA 11131)
Criminology is an interdisciplinary field in both the behavioral and social sciences, which
draws primarily upon the research of sociologists, political scientists, economists,
psychologists, philosophers, psychiatrists, biologists, social anthropologists, as well as
scholars of law. It can be broadly said that criminology directs its enquiries along three
lines:
1. it investigates the nature of criminal law and its administration and conditions
under which it develops;
2. it analyses the causation of crime and the personality of criminals;
3. it studies the control of crime and the rehabilitation of offenders.
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Thus, criminology includes within its scope the activities of legislative bodies, law-
enforcement agencies, judicial institutions, correctional institutions and educational,
private and public social agencies.
Branches of Criminology
Criminology encompasses wide spaces of study for being a humanitarian science that
seeks to improve society. The diverse fields and methods of study have led to the
establishment of new branches that manage to explain the criminal aspects around the
world.
A. Main Branches of Criminology
1. Criminal Etiology is the scientific analysis of the root causes of crime. Criminology is
not more on studying the concept of crime, its effects to the victim and to the
society, how should it be dealt with and how should it be controlled, but it also
includes the discovery of factors and causes of its commission.
2. Sociology of Law is the study of law and its application. It is an attempt at scientific
analysis of the conditions which penal/criminal laws have been developed as a
process of formal and social control.
3. Penology/Correction is the study that deals with punishment and treatment of
criminals. Penology is a branch of criminology that deals with the philosophy and
practice of various societies in their attempts to suppress criminal activities and
satisfy public opinion through an appropriate treatment regime for people convicted
of crimes.
B. Other Branches of Criminology
1. Victimology is the study of victimization, including relationships between victims

and offenders, interactions between victims and the criminal justice system, and
connections between victims and other social groups and institutions such as the
media, Companies and social movements. However, victimology is not limited to
the study of crime victims, but may include other forms of violation of human
rights.
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2. Criminal Anthropology it is a field of profiles of offenders, based on the perceived

links between the nature of a crime and the offender's personality or physical
appearance. Although similar to physiognomy and phrenology, the term "criminal
anthropology" is generally reserved for the works of the late eighteenth-century
Italian school of criminology. Italian School of thought that the offenders were born
with lower physiological differences that were detectable. It popularized the notion
of "born criminal" and thought that criminality was an atavism or hereditary
disposition.
3. Criminal psychology is a branch of knowledge that studies various aspect of criminal
behavior. Specifically, it refers to “the study of the mind and its workings in relation
to crime”.
4. Criminal sociology studies the situational or environmental action and examines the
underlying conditions within the environment that encourage criminal behavior.
5. Forensic science is the application of science to criminal and civil laws, mainly in the
criminal during the criminal investigation, as governed by the legal norms of
admissible evidence and criminal procedure.
Scope of Criminology
Criminology in the broadest sense covers the whole of criminal science, which include
sentencing, punishment, laws, procedure, rehabilitation, crime detection, and the like. In
a narrower sense, it refers to the part of criminal science which empirically describes
criminal behavior and explores individual and social factors associated with crime and
criminals. Criminology is not only concerned with crime prevention, solution and
protection of society. Modern criminology gives emphasis on the very person of the
criminal and the individuals of whom society consist.
Criminology is more concerned with the causes of crime; that is, the very root cause of
crime occurrence. Likewise, it does not envision supplanting the criminal justice in dealing
with crime punishment. Its object is not to replace the legal system but rather supplement
it in an area where amendment seemed more imperative. Criminology aims to produce
various forms of scientific, professional and practical knowledge in the study of crime
regarded as social phenomenon particularly in its prevention, control and treatment.
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Nature of Criminology
1. Applied Science- anthropology, psychology, sociology and other natural sciences

may be applied in the study of the causes of crime while chemistry, medicine,
physics, mathematics may be utilized in crime detection.
2. Social Science- inasmuch as crime is a societal creation and that it exists in a
society; its study must be considered a part of social science.
3. Nationalistic- the study of crime must be in relation with the existing criminal law
within the territory.
4. Dynamic- criminology changes as social condition changes. The progress of
criminology is concordant with the advancement of other sciences that have been
applied to it. Criminology must not be static. It must be “dynamic” and continue the
development of a body of general and verified principles and of other types of
knowledge regarding this process of law, crime and reaction to crime. What have
been applicable today may no longer be effective or relevant or of great interest in
the near future. Old theories are frequently replaced by new one. Criminologist
must be one, if possible, a mile step ahead of criminals. This must be so because
sophisticated criminals might use criminological theory as excuses for misbehavior.
The enhancement of this knowledge, through continuous studies and
experimentation, will contribute to the development of other sciences. And through
these other social sciences will contribute to an understanding of social behavior.
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Part Two: Historical Development of Criminology and Theories
A. Pre-Classical Era (Late 1700s)
The methodical study of crimes commenced in the late 1700s. Prior to that era, religion
was the foremost and primary basis of social control. Explanations of crimes were
demonic possession (Demonological Theory) or that an individual commits crime because
he was under the spell of Satan or demons or divine wrath. At that time, criminal behavior
is not called a crime but a “sin” (Theological Theories) a violation of sacred obligation.
B. Classical Era/Modern Criminology (18th to 19th Century)
The discipline of criminology had its beginning in Europe in the 18th century in the various
writings of philosophers, physicians, sociologist and social scientist. At these point in time,
scholars differentiate crime from sin. They made possible that explanations of crime would
be outside religious principles. With the turn of event, it spawned for the dispassionate
and scientific study on why crime occurs. It was this era when those persons imbued with
the spirit of humanitarianism began questioning the cruelty, arbitrariness and inefficiency
of criminal justice and prison systems.
Classical Theory
The Classical School of Criminology was developed in the 18 th century. It was reflected in
the writings of Cesare Beccaria and Jeremy Bentham. The two scholars led the movement
of human rights and free-will. Their works were in response against the barbaric system of
law, justice, and punishment that was existence before 1789. Their interest lay in the
system of criminal justice and penology and indirectly through the proposition that “man
is a calculating animal” in causes of criminal behavior. Classical Criminology is a termed
as such because the idea of this school of thought is “philosophic” rather than “scientific”.
Advocators of this school of thought fought to change what was an abusive, cruel,
inhumane and arbitrary system of criminal justice.
Key Concept and Assumptions
In Classical Theory, the causal source of crime is assumed to be “internal” that is human
nature. People are assumed to be motivated by the pursuit of pleasure and the avoidance
of pain. It assumes that people are equal in the ability to reason and that they are equally
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likely to commit crime. The basis of criminal liability is human free will and the purpose of
the penalty is retribution. It has endeavored to establish a mechanical and direct
proportion between crime and penalty. This view, as exemplified, is underpinned by two
assumptions: that individual has ‘freewill’’ and is guided by “hedonism”.
Freewill is simply means the freedom to choose a particular action. Man is essentially a
moral creature with absolute free will to choose between good and evil (what is right and
what is wrong) therefore fault (culpability) is placed upon the criminal himself (placing
more stress upon the effect or result of the felonious act than upon the criminal). Every
man is responsible for his actions; every man must suffer the consequences of his acts
whether it is right or wrong. Criminals should be held responsible for their crimes because
they have made a rational decision to commit crime.
Hedonism is a doctrine that pleasure is the highest good in life and that moral duty is
fulfilled through the pursuit of pleasure- the maximization of pleasure and the
minimization of pain. Human beings were believed to be hedonistic, acting in terms of
self-interest, but, rational and capable of considering which course of action would benefit
him. The motivation for people’s choices is to seek pleasure or avoid pain. Punishment for
a crime should deter potential choices to break the law by ensuring that the pain of
potential punishment is greater than the pleasure derived from committing the crime.
Aside from freewill and hedonism, the Classical Theory of Criminology through Jeremy
Bentham, likewise introduced the “doctrine of utilitarianism”. This doctrine takes the
position that the rightness or wrongness of any action is dependent entirely on the
outcomes that derive from it. In other words, neither the intent behind the action is at
issue, but only the consequences. Some kind of rational estimation of the outcome is
made and the action is taken to maximize the greatest good (happiness) for the greatest
number of people. Of course, in most people minds, this will result in the proposition that
the end justifies the means.
Pioneers of Classical Theory of Criminology
Cesare Beccaria In his treatise On Crimes and Punishment, which is slightly more than
100 pages, published in 1764, catapulted him to fame. On Crimes and Punishment set
forth the central tenets of classical criminology. As the embodiment of an overdue reform
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movement, it proposed “practically all of the important reforms in the administration of

criminal justice and in penology which have been achieved in the civilized world since
1764. Beccaria’s ideas are said to have provided “the intellectual foundation for modern
democratic societies and the starting point for legal reform, which includes bringing the
end of cruel punishments such as public execution and torture. His approach was credited
with replacing public torture with imprisonment. With these major contributions in the
field of criminology, Beccaria earned the title as the “Grandfather of Criminology”.
Cesare Beccaria (1738-1794)
Jeremy Bentham’s work “An Introduction to the Principles of Morals and Legislation”
published in 1798, laid the foundation of Classical Utilitarianism. He was then credited as
the “Father of Utilitarianism” although the concept of utilitarianism was greatly developed
by a known utilitarianism ethicist John Stuart Mill.
Jeremy Bentham (1748-1832)
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The Rule of Law under the Classical Theory of Criminology
Generally, the idea of rule of law, as inferred by Beccaria’s interpreters, is that we should
have a government of laws and not of men. This is the clear intent of Beccaria’s thorough
and absolute denunciation of judicial discretion, which in turn is the logical application of
the “science of man” master theme that demands objectivity and impartiality in all
matters of political life.
Beccaria also advocates the accountability of judges whenever it renders bad decisions or
the judgment is swayed by corruption. He advocated the idea of adversarial system of
criminal justice in which the role of the prosecutor is separate from the judge. This was
contrary then to inquisitorial system where an investigative judge also acts as a
prosecutor and accumulates the evidence. Certainly, the proponents of the adversarial
system claim that this is the only way to eliminate the temptation of judicial bias in
presuming guilt as they make their investigation. Just as what we have now in our
criminal justice, the prosecutor may conduct its own investigation (preliminary
investigation) and find the guilt of the accused, but the prosecutor, however, has to prove
its findings before the court. Clearly then, Beccaria advocated the present justice system
of the modern era, i.e., the presumption of innocence until proven guilty beyond
reasonable doubt.
Who Defines Crime under the Classical Theory of Criminology?
A well-ordered state, constructs laws and punishment (Social Contract of Man) in such a
way that peace and non-criminal actions abide in the society and established punishments
as a strategy to keep man from further depredation. Beccaria advocated the restriction of
judges in providing penalties and believed that penalties must be based on the calculated
harm of the given crime to society. The theory contended that men were originally
without government but later created a State through a “Social Contract” by which men
surrendered some of their liberties in return for the security that the government provides
them- health, education, and etc. Laws of the State became means of preventing men
from encroachment at other man’s freedom. Punishment became the means for dealing
with such encroachments. For Beccaria, giving the power to enact laws and legislation to
the judiciary, who also interprets of the law, has to be applied to the accused and
rendering judgment thereby will only lead to abuse. Thus, for Beccaria, the authority of
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making penal laws could only reside in the legislators who represented the whole society
and were united with the people they represented by a social compact. Beccaria argued
that the power to enact laws can only be vested in the legislature who represents all
members of society.
Criminal Justice Policy Implications, Correctional Ideology and Crime Control
Beccaria advocates in changing what was then an abusive, cruel, inhumane, and arbitrary
system of criminal justice. Beccaria’s advocacy was more concerned and interested in law-
making, legal processing and penal reformation.
In the aspect of penal reformation is a correctional ideology that emphasizes the efficacy
of punishments for deterring criminal behavior. He (Beccaria) presented a proposition that
has been axiomatic in deterrence theory ever since- that the certainty of punishment is a
much more effective deterrent than its severity.
Thus, he observed that one of the greatest curbs on crimes is not the cruelty of
punishments but their infallibility… the certainty of punishment, even if it be moderate,
will always make a stronger impression than the fear of another which is more terrible but
combined with the hope of impunity; even the least evils, when they are certain, always
terrify men’s minds.
Beccaria argued that certain punishments that are just severe enough to offset the
anticipated gains of crime and that arrive immediately after the crime would make for a
more legal system than the system that existed at the time, which combined great cruelty
and the seemingly random exercise of mercy. Beccaria spoke of the due process
requirement that needs to be complied and observe to ensure that whoever is on trial and
convicted is the real culprit.
Reasons why Criminals should be punished under Classical Theory
A. Retribution- this reason objects the idea that anything good or useful will follow or
result from punishing offenders:
1. Criminals should be punished because they deserve it; a punishment is morally
right and just in light of the harm and damage caused by the offense.
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2. Punishing criminals has no positive purpose or no positive effect on the minds and
hearts of the people. Just desert is the right term if we consider the culpability of
each offender in addition to the ranked seriousness of their offense. Just dessert is
one of the popular principles in the philosophy of retribution, or the idea that
punishment is deserved by the wrongdoer simply because they committed a
transgression.
B. Deterrence- the theory of punishment that holds that potential offenders will refrain
from committing crimes for fear of punishment.
1. General Deterrence- punishment of delinquents and criminal offenders will strike
fear in the hearts of other people, thus making them less likely to commit acts of
delinquency.
2. Specific Deterrence- punishment will strike fear in the hearts of wrongdoers, thus
making them less likely to offend others again.
C. Incapacitation- wrongdoers should be locked up in jail since while they are imprisoned
in an institution, they cannot commit offenses against other people in the outside
world.
Criticisms against Classical School of Criminology
In spite, however, of the seemingly fairer, universal adoration and positive evaluation of
the classical criminology, it has been challenged by many authorities and among the flaws
and criticisms hurled are as follows:
1. Unfair– It treats all men as if they were machines without regard to the individual
differences and the surrounding circumstances when the crime is committed.
2. Unjust– Having the same punishment for first and recidivists.
3. The nature and definition of punishment is not individualized.
4. It considered only the injury caused, not the mental condition of the offender.
Despite its lengthy list of critics, the Classical School established an influential current
criminological thought that remains strong in the field today. The influence is evident in
our legal system today in the way that sentences for crimes are structured with more
severe punishments for more serious crimes – what is known as scale of punishments.
And the just deserts approach to punishment, that anyone found guilty of a crime should
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be punished (irrespective of their background- equality before the law) and punishment
must be commensurate (proportional) to the seriousness of the offense, clearly reflects
the classical approach of Beccaria and Bentham.
Neo-Classical Classical Theory
The Neo-Classical School (also known as Neo-Positivism, Neo-Conservatism and Right

Realism), is a combination of the theory postulated by the Classical and Positivist School.
It emerges between 1880 and 1920 and is still with us today applied in most penal law as
either exempting or extenuating circumstances. This theory was advocated by Sir Samuel
Romilly and William Blackstone which concentrated in the area of punishment.
Key Concepts and Assumptions
This theory arose at the time of French Revolution which maintained that while classical
school is correct in general; it should be modified in certain details, since children and
lunatics cannot calculate pleasure and pain, they should be not regarded as criminals and
therefore excused from punishment. It challenges the proposition that man has absolute
freewill to choose between good and evil and states that freewill is not absolute as
presumed to be, because it can be diminished by pathology, mental disorders and other
conditions that may instigate personal responsibility.
Positivist Theory
The Positivist School of Thought was a social movement that existed during the mid-
1800s and early 1900s. It is sometimes called the Italian School of Criminology because
of its compositions which are mostly Italians who agreed that in the study of crime the
emphasis should be on the scientific treatment of the criminal, not on the penalties to be
imposed after conviction. The part of it that was “positive” was the forward-looking
attitude toward social and personal betterment of society and human nature. Positivism
refers to a method of analysis based on collection of observable scientific facts; that is
“determism” means every act has a cause that is waiting to be discovered in the natural
world. It is the search for other multiple factors as the cause of criminal behavior. It aims
is to explain and most importantly predict the way facts occur in uniform patterns. It
represents a distinct shift from a focus on law and crime control to the inner workings of
the criminal mind and what makes it tick.
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Positivist theory states that a man is subdued occasionally by a strange and morbid
phenomenon which constrains him to do wrong, in spite of or contrary to his volition. The
crime essentially a social and natural phenomenon, and as such, it cannot be treated and
checked by the application of abstract principles of law and jurisprudence nor by
imposition of a punishment; but rather through the enforcement of individual measures in
each particular case after a thorough, personal and individual investigation conducted by a
competent body of psychiatrist and social scientist.
Key Assumptions:
1. That crime as any other act is a natural phenomenon and is comparable to disasters
or calamity.
2. 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.
3. That the most serious crimes were committed by individuals who were “primitive”
or “atavistic”, that is- one who failed to evolve to a fully human and civilized being.
4. That crime resulted not from what criminals have in common with others in society,
but from their distinctive physical or mental defects.
Pioneers of the Positivist/Italian School of Criminology (The Positivist Trio)
Cesare Lombroso and his two students, Enrico Ferri and Raffaele Garofalo were the
primary personalities in the positivist school of thought. They were considered as “The
Holy Three in Criminology”.
Cesare Lombroso (1836-1909)

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Cesare Lombroso was an Italian University Professor and criminologist, who become
popular for his studies and theories in the field of “Characterology” or the relation
between mental and physical characteristics of a person. Lombroso was the founder of the
Positivist School of Thought and commonly considered today as the “The Father of Modern
Criminology”.
Lombroso’s positivism was influenced by Auguste Comte- the founder of sociology and
positivism. He came into prominence with his major work “The Criminal Mind”. His major
contribution is the development of a scientific approach to the study of criminal behavior
and to reform the criminal law. His essay “Crimes: Its Causes and Remedies” contain his
key ideas. His work influenced criminological thinking principally redirecting emphasis
from a legalistic concern for crimes to a scientific study of criminals. Although Lombroso
was aware of the importance of social and psychological factors in the causation of crime,
his primary emphasis was on the concept of the “atavistic criminal”. He believed the
atavistic criminal to be a biological throwback to an earlier stage of evolution, since inborn
delinquency was not natural to contemporary mankind but peculiar to primitive races.
Enrico Ferri (1856-1929)
Enrico Ferri was the best-known Lombroso’s associate. He was an Italian criminologist and
socialist, who, like Lombroso rejected the doctrine of freewill. Although he agreed with
Lombroso on the biological bases of criminal behavior, his interest in socialism led him to
recognize the importance of sociological and psychological positivism as predictors of
crime. He authored the Criminal Sociology published in 1864 which influenced much of
Argentina’s penal code of 1921. Ferri was instrumental in formulating the concept of
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“social defense” as a justification for punishment. This theory of punishment asserts that
its purpose is not to deter crimes or rehabilitate criminals, for how could behavior, not
based, rational calculus be deterred, and how could born criminals be rehabilitated?
He asserted that the only reasonable rationale for punishing offenders is to incapacitate
them for as long as possible so that they may no longer pose threat to the peace and
security of the society. Ferri claimed that strict obedience to preventive measures based
on scientific methods would eventually reduce crimes and allow people to live together in
society with less dependence on the penal system.
Raffaele Garofalo (1852-1934)
Raffaele Garofalo was a magistrate and professor of law and was Lombroso’s students.
Like Lombroso and Ferri, he rejected the doctrine of freewill and supported the position
that the only way to understand crime was to study it by scientific methods. Influenced by
the Lombroso’s theory of atavism, he traced the roots of criminal behavior not to physical
features but to their psychological equivalents, which he called “moral anomalies”. This
was more psychological orientation than Lombroso’s physical-type anthropology. He
believed that the true criminal behavior is abnormal and “lacks a proper development of
the altruistic sensibilities”. This lack or deficiency is not simply the product of
circumstances or environmental conditioning but has an organic basis. For Garofalo, moral
anomaly was hereditarily transmissible and established by unimpeachable evidence.
Influenced by the theory of Darwin, Garofalo suggested that the death penalty could rid
the society of its maladapted members, just as the natural selection process eliminated
maladapted organisms. And for those who committed less serious offenses, who are
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capable of adapting themselves to society in some measure, he preferred; transportation

to remote islands, loss privileges, institutionalization in farm colonies, or perhaps simple
separation.
Classical vs. Positivist Theory
Classical Positivist
Emphasis on agency and personal free Emphasis on structure and circumstances

will (Doctrine of Freewill) (Doctrine of Determinism)
Focuses on crime deterrence and Focuses on the causal factors associated

punishment (Determinate Sentence) with offending (Indeterminate Sentence)
Reformation through punishment of Reformation through correction or

criminals. rehabilitation of criminals
Enduring influence on the criminal Enduring influence on research and

justice system specially punishment. rehabilitation.
Let the punishment fits the crime. Let the punishment fits the criminal
Other Theories in Criminology
A. Cartographic/Geographical School of Criminology
The leaders of this school were concerned primarily with the distribution of crimes in
certain areas, both geographical and social. They were interested in crime as a necessary
expression of the social conditions. It follows therefore that a particular place or area shall
be known for a particular type of crime depending on the location or geography of the
place and its social condition.
The great proponents of this School were Adolphe Quetelet and A.M. Querry. This School
was considered the first scientific school of thought and was similar to the Ecological
School. Quetelet used the social mechanics of crime while Querry believed that climate
influences crime. The school flourished from about 1830 to 1880. Not only did the
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adherents of this method analyze the distribution of general crime rates but they made
special studies of juvenile delinquency and of professional crime which are comparable
with those of the present generation and much superior to anything in the interval
between 1880 and the present.
B. Socialist School of Thought
Relatedness of crime and economy is apparent. It had been observed by some economist
and law enforcers that when economy is good, crime rate decreases; and when economy
is bad, crime rate increases. This proved that crime rate is determined through variations
in economic conditions.
The Socialist School was based on the writings of Karl Marx and Frederick Engels, 1850-
Economic Determinism. This school was concerned with the crime as a by-product of
variations in crime rates in association with variations in economic conditions.
Nevertheless, this school may properly be called scientific for it began with a general
hypothesis and collected data in a manner which enabled others to repeat the work and
verify their conclusions.
C. Psychiatric School of Thought
Personality development has a big role in the explanations of crimes; there are people
who grow up with underdeveloped or misguided personalities such as they could not adapt
to the normal society; the ego of these people is faulty which cause them to commit
crimes.
This School is a continuation of the Lombrosian School with emphasis on the physical
make-up of a person as primary factor in crime causation, Psychiatric School on the other
hand stressed on personality complex.
It theorizes that “certain organization of personality, developed entirely apart from

criminal culture will result in criminal behavior regardless of social situations”. This School
emphasized emotional disturbance and other minor psychopathy acquired through social
interaction (personality complex) as the main cause of criminal behavior. Personality
complex is similar to biological theory in which the central thesis is that “crime is caused
by a lack of balance between the intellectual and emotional capacities of the individual”.
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D. Socio-Social-Psycho School of Thought
Of all the Schools of Thought in Criminology, the Socio-Social-Psycho School is one of the
most varied and diverse. The basic notion of this school is that a person behaves
according to the customs of the society; that if he commits a crime, he is merely imitating
someone else. Analysis of causes of crime in the sociological manner actually began with
the Cartographic and Socialist Schools. Theories under this School postulated that societal
factors such as poverty, memberships of subcultures, or low levels of education can pre-
dispose people to crime. Scholars of this School examined the social and cultural forces
that contribute to criminal behavior. The central thesis of this school is that “criminal
behavior results from the same process as other social behaviors”.
E. Ecological/Chicago School of Thought
At the root of this approach is the concept of social disorganization, which, is primarily
concerned with the issue of social control: the ability of the neighborhood to regulate itself
and to regulate the behavior of community residents and visitors to realize common goals,
including a crime free environment. Ecology is the study of the distribution of phenomena
and their relationship to their environment. This school of thought attempts to explain
crime as a function of social change that occurs along with environmental change.
The Chicago School, where it was dominated by the works of Ernest W. Burgess, Robert
Ezra Park, and others, attempts to explain the relationship between ecology and crime in
Chicago. They saw the city as a living, growing, organic whole and the various areas of
the city as organs that served different functions. The city’s characteristics, social change,
and distribution of people and their behavior have been studied by means of “concentric
circle”; an approach developed to study Chicago but thought to be applicable to other
cities. The concentric circle theory divides the city into five zones:
1. Zone 1 (the central business district). This zone is characterized by light

manufacturing, retail trade, and commercialized recreation.
2. Zone 2 (surrounding the central business district). The zone of transition from
residential to business. This zone is populated primarily by low-income people,
although typically, it has an area of high-cost luxury housing as well.
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3. Zone 3 (the zone of working-class homes). The less deteriorated than zone of
transition and populated largely by workers whose economic status enables them to
have many of the comforts and even some of the luxurious the city has to offer.
4. Zone 4 (the area of middle-class dwellers). Populated largely by professional
people, clerical forces, owners of small businesses, and the managerial class.
5. Zone 5 (the commuter’s zone). This zone includes satellite towns and suburbs.
Many of the occupants vacate the area during the day and commute to the city for
their employment.
To explain more the extent of crime causation under this school of thought, Burgess and
Park stated that the key zone is Zone 2, the zone of transition. Because of the movement
of businesses into this zone, it becomes an undesirable place to live, even though
previously it claimed some of the most desirable housing in the city. House deteriorates.
Zoning laws change. People who can afford to move out do so, and there is no prospect of
improving the housing in the area without public subsidy. The population in the city is
segregated, by zones, mostly unskilled workers, live in zone 2, and frequently, this leads
to racial and ethnic segregation. The zone is characterized by warehouses, pawnshops,
cheap theatres, restaurants, and a breakdown in the usual institutional methods of social
control. The investigators hypothesized, that crime, vice and other forms of deviance
would flourish in these socially disorganized environments.
F. Feminist School of Criminology
The feminist school of criminology is a school of criminology developed in the late 1960s
and into the 1970s as a reaction to the general disregard and discrimination of women in
the traditional study of crime. The idea on this school of thought in criminology
emphasizes on the subordinate position of women in society. According to this idea,
women remain in a position of inferiority that has not been fully rectified by changes in
the law during the late twentieth century. Feminist criminology focuses on women
offenders, women victims, and women in the criminal justice system in order to
understand the causes, trends, and results of female criminality. Key issues within the
feminist school of criminology include the role of sex and sexism in sentencing and
imprisonment, the role of victimization in women's lives, and the increase in the number
of incarcerated women despite declining crime rates.
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Theories of Crime Causation in General
A. Biological Theories of Crime (Nature Theory)
The biological theories proposed that something is happening inside the person, often
beyond the control to caused criminal behavior, and that criminals may be born, not
made. The biological explanations of criminality assume that individuals vary in behavior
because of their biological structural differences. These structural differences may be the
result of chromosomes, genes, chemistry, hormones, or even body type. The core of all
these theories, is that genetic factor or any abnormities which are inherited or acquired
throughout the life, predispose individuals to criminal behavior.
B. Sociological Theories of Crime (Nurture Theory)
Most sociological theories of crime causation assume that criminal behavior is determined
by his or her social environment, which includes families, friends, neighborhoods, and so
on. Sociologist emphasize that human beings live in social groups, and that those groups
and the social structure they create influence criminal behavior. Sociological theories of
crime explicitly reject the notion of the born criminal because they (criminals) were made.
Sociological theories of crime causation have four groups of theories which in turn contain
several sub-theories:
1. Social Learning Theories
Social Learning theorists believe that crime is a product of learning the norms, values and
behaviors associated with criminal activity.
2. Social Control Theories
Social control theories maintained that everyone has the potential to become a criminal
but most people are controlled by their bonds to society (Bonding Theory). Instead of
looking for factors that make people become criminal, these theories try to explain why
people do not become criminal.
3. Social Structure Theories
Social structure theories hold that delinquency and crime is a function of a person’s place
in the economic structure. Many criminologists view the disadvantaged of economic class
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position as primary causes of crime. These theories suggest that social and economic
forces operating in deteriorated lower-class areas push many of their residents into
criminal behavior patterns. They consider the existence of unsupervised teenage gangs,
high crime rates, and social disorder in slum areas as major social problems.
4. Social Process or Reaction Theories
Social learning theories focus on the criminalization process- the way people react and
acts are defined as criminal. It views delinquent acts and criminality as products of stigma
and labeling. The distinguishing feature of all criminals is that they have been the object
of a negative social reaction. Negative labels include troublemaker, mentally ill, and
stupid. These labels reduce the self-image of the individual. The less personal power and
fewer resources a person has, the greater the chance he or she will be labeled.
C. Psychological Theories of Crime
Psychologist and psychiatrists, same with biologist and chemist, also attempted to explain
behavior. They tried to find out whether criminal behavior is caused by such personality
factors and emotional problems, mental disorders, sociopathy, and thinking patterns. The
psychological and psychiatric theories have the common assumption that there is
something wrong in the mind of the offender, which causes him to commit crime.
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Part Three: Deviance and Crimes; Its Nature and Classification
Concept of Deviance
Deviance is deflecting from and rejecting socially acceptable standards. Deviance is a

sociological concept visible in everyday life and societal events. It can be defined as
following an unconventional path, breaking norms, rules or regulations and doing
something not accepted and welcomed by society. Not abiding by the said and unsaid
standards of the community is called deviance. It is looked at as an aversion or aberration
since it is not perceived as normal.
The deviation is usually coined with the term crime since a crime is far from the socially
acceptable behavior of individuals. Crime is a deviant behavior but every form of deviance
is not a crime. Deviance often occurs when an individual or group breaks the set
expectations of society or community and any activity or action, they undertake is
considered amoral within society. As well as this, sociologists argue that deviance is an
ambiguous term and that it is often committed unknowingly, as people are unaware of
what constitutes deviance and what does not. Also, sometimes a particular event is
considered to be deviant when it crosses a limit, which is usually set by society. For
instance, drinking with friends and family occasionally is considered to be okay in almost
all societies but drinking regularly and being an alcoholic, underage drinking is considered
deviance and is often looked down upon.
Societal Norms
Social norms are the unwritten rules of beliefs, attitudes, and behaviors that are
considered acceptable in a particular social group or culture. Norms provide us with an
expected idea of how to behave and function to provide order and predictability in society.
For example, we expect students to arrive in class on time and complete their work. The
idea of norms provides the key to understanding social influence in general and
conformity in particular. Social norms are the accepted standards of behavior of social
groups.
These groups range from friendship and workgroups to nation-states, behavior that fulfills
these norms is called conformity, and most of the time, roles and norms are powerful
ways of understanding and predicting what people will do.
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There are norms defining appropriate behavior for every social group. For example,
students, neighbors, and patients in a hospital are all aware of the norms governing
behavior. And as the individual moves from one group to another, their behavior changes
accordingly.
Norms provide order in society. It is difficult to see how human society could operate
without social norms. Human beings need norms to guide and direct their behavior, to
provide order and predictability in social relationships, and to make sense of and
understand each other’s actions. These are some of the reasons why most people, most of
the time, conform to social norms.
Four Definition of Deviance
1. Absolutist Definition
This absolutist or arbitrary conception of deviance assumed that the basic norms of a
society are obvious and that its members are in general agreed upon what constitutes
deviance because the norms and values of society are laid out in deviance. Everyone is
presumed to know how to act according to universally held values; violations of these
norms constitute deviance and the possibility of some types of sanction is incurred.
The absolutist definition of deviance is widely supported today, particularly by

psychiatrists and psychologists who regarded deviance in terms of a “medical model”, as a
form of “sickness”. Crime, mental disorder, suicide, alcoholism, drug addiction, and soon
become absolutes much as diseases such as cancer, and they are universal expressions of
individual maladjustment regardless of differences in cultural and sub cultural norms.
Social differentiation, cultural differences and change in norms are generally ignored.
2. Statistical Definition
Another way to define deviance is a statistical process that views deviance as variations or
departures from “average’ norms of behavior. This approach assumes that whatever it is
that “most” people do is the “correct” way. This definition faces some immediate
difficulties because it can lead to some confusing conclusions if, for example, the minority
could always be defined as deviants. For example, in a given social groups where the
majority of its members are homosexuals, drinkers, and marijuana users, those minority
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or few members who are heterosexuals, don’t drink alcohol and have never used
marijuana are considered to be deviant.
Statistical definition would tell us what is, while the concept of deviance implies that the
crucial meaning is “what should or should not be” according to the view of certain groups.
3. Labeling Definition
A well-known definition of deviance is that of Howard Becker, who terms it the

consequence of the application of rules and sanctions by others to an “offender”. The
deviant is the person to whom the label “deviant” has been successfully applied and the
deviant behavior is the behavior that people so label.
In Becker’s definition acts can be identified as deviant only in reference to the reactions to
the acts through the labeling of a person as deviant by society and its agents of social
control an act that constitutes deviant behavior must first be known to others and then be
reacted to by formal agencies of social control.
The labeling position has attracted a wide following because it has furnished what at least
appeared to be a way of getting around the persistent difficulty of defining deviance in the
face of a reality where deviance in terms of norms is highly relative. As time has passed,
however,
Becker’s definition has been increasingly subjected to much criticism, and one can now
conclude that, since it is an overstatement, it represents an inadequate definition of
deviance. The labeling definition rejects, expressly or tacitly, a normative definition of
deviance, even if it is broad and relative in its scope: it is not the normative violation that
is the heart of definition but only the labeling of the violation. An act would not be
deviant, therefore, unless it is detected and there is a particular kind of reaction to it.
4. Relativistic Definition
According to the relative definition, deviance is a created situation, created by audiences

or groups within a society which makes the rules and which imposes negative sanctions
upon certain behavior, for “actions are not in themselves moral or immoral, deviant or
non-deviant. It is the judgment that is passed on the behavior by others and not the
behavior itself that determines and defines deviance”.
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According to this definition, what we call deviance is a relative concept because it is

depend upon the perspective of the viewing audience. That is to say deviance, like beauty,
is in the eyes of the beholder. The same act may be identified as deviant behavior by one
person and nondeviant behavior by another person.
For example, strong negative attitudes toward the taking of one’s own life through
suicide, the practice of prostitution, homosexuality, drunkenness, and other means of
expressing personal choice have stemmed for the most part from certain church group.
Opposition to the use of marijuana, nudity and the distribution of pornographic materials
rests with other moral entrepreneurs who attempt to impose their views on others. what
constitutes a large part of crime, as sociologist Quinney points out, is really behavior that
conflicts with the interest of the segments of society that have the power to shape
criminal policy.
Those segments of societies that have the power to shape the enforcement and the
administration of the criminal law through agents like the police and the courts determine
what criminal law are actually enforced. The political criminal who takes as a goal the
improvement of society, for example, and who is supported by certain groups may suffer
torture, imprisonment, and even death because certain power groups do not approve of
this means, nor his ends; the improvement of society to the political criminal is seen as
the destruction of society by others. Laws regulating personal morality, such as public
drunkenness, the use of marijuana, pornography, and obscenity, all become relative to
the values of the viewers. For the actor (deviant) the behavior is normal but for the non-
actors (non-deviant) that same behavior is defined as deviant behavior.
Deviant Person
A deviant person is a person who engaged in any behavior that is /are not expected by
the norms and values of a given social group or society; Someone who engaged in what
should not be moral or appropriate according to the definition of norms and values of a
given society. Therefore, a deviant person is someone who exhibit any behavior that
deviate from the standard rule or social norms. Some deviant result in a person’s being
termed immediately by others as a deviant. In other cases, the deviant status arises only
as a result of a variety or combination of acts and status. They include:
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1. That the action is regarded as a serious, threatening to other persons or to the

society;
2. That there is an official governmental reaction in the form of penal sanction for the
act’s commission;
3. That it is repeated with some consistency or frequency or that is it seen as a threat
if repeated;
4. That it involves the entire “moral character” of the person, not just a phase of his
being;
5. That it is sometimes geographical and hence ineffaceable;
6. That it is unlikely to be committed, is so serious that, if discovered, the person
would be fully and not merely slightly discredited;
7. That the act is not impermanent and ephemeral; and
8. That the language accommodates the identification of the individual as one who
commits or has committed certain acts or closes of acts.
On the basis of social roles, deviants can be distinguished as to their being primary or
secondary (or career) deviants.
Societal Reaction and Deviant Behavior
Every culture, sub–culture and group have distinctive norms governing what it deems
appropriate behavior. Laws, dress codes, by laws of organizations, course requirements
and rules of sports and games all expresses social norms. It is expected that we respect
and accept these basic social norms and also, we assume that others will do the same.
But any violation of these social norms will subject individual to punishment.
Societal reaction to deviant behavior varies by intensity of violation and the type of norms
violated; some norms of etiquette, for instance, may meet with only mild disapproval and
sanctions, whereas violations of other norms such as those prohibiting murder, rape, or
robbery, may meet with strong disapproval and severe sanction. Each particular norm has
a tolerance limit, the degree to which norms violations are tolerated or suppressed by a
group.
As one would expect, the severity of the sanctions serves as an index of the group’s
willingness to tolerate violations of the norms. Because some norms are seen as more
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important or vital than others, more stringent tolerance limits and more severe sanctions
are applied to violations of them. Society brings about acceptance of basic norms through
what we call social control. The terms social control refers to the techniques and
strategies for regulating human behavior in any society.
The sanctions used to encourage conformity and obedience and to discourage violation of
social norms are carried out through informal and formal social control:
Informal Social Control
Simply stated “informal social sanctions consist of the techniques where by people who
know one another on a personal basis accord praise to those who comply with their
expectations and show displeasure to those who do not”. They may be observed in
specific behaviors such as gossip, ridicule, reprimands, praise, criticism, gestural cues,
glance of approval or disapproval, denial or bestowal of affection, ostracism, or verbal
rationalization and expression of opinion. Gossip or the fear of gossip is undoubtedly one
of the most effective instruments yet devised in any society for bringing people in to
conformity with norms. Like formal controls, these informal social controls are not
exercised through official group mechanisms.
Informal sanctions may be more effective in smaller social groups where everyone knows
everyone else and the same people are brought into continual face-to-face contact with
each other.
Formal Social Control
A formal social control arises, when the socialization process that gives rise to self–control
and is thus informal, is insufficient to maintain conformity to certain norms. These
controls involve organized system of specialized agencies and standard techniques. The
two main types are those instituted by the political state and those imposed by agencies
other than the state. They include the church, business and labor groups, educational
institutions, clubs and other organizations, and the political state.
Because formal sanctions are incorporated in the institutional system of society, they are
administered by persons who occupy positions or roles with in those institutions. These
persons are commonly known as agents of social control since the administration of these
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sanctions is the part of their duties. In the most general sense, anyone who attempts to
manipulate the behavior of others through the use of formal sanctions can be considered
an agent of social control. The police, prosecutors and judge of the criminal justice
system, employers, teachers and ministers and priests who promise heaven and threaten
hell to believers, all are example of agents of social control.
It is true that, every deviant act potentially subject to some type of sanctioning, but many
deviant acts receive none. A number of reasons may be cited for this non-application of
sanction to a deviant act.
1. The deviant act may be anonymous: the audience to the act either present or
absent may not be able to identify the deviant. In the case of successful burglary,
the guilty person escapes detection and thus avoiding sanctioning. The
manipulation of certain management techniques during business or occupational
offenses shields the deviant from sanctioning. Many female alcoholics avoid
sanctioning simply they avoid defection by drinking at home when they are alone;
even when their drinking become more public in nature, they are much less likely
to be arrested for public drunkenness and thus become subjected to formal
sanctioning.
2. Often the deviant act is considered to be of a minor nature or “out of character” of
the persons committing the act and no sanction is involved minor violation of norms
may be excused as “accidental” or unavoidable under the circumstances. A man
apprehended for speeding when he is taking his wife to the hospital for delivery is
more likely to be given a police escort than a ticket for speeding.
3. The single deviant act may not be associated with the person’s identity. Although
the act many be visible and the person clearly identified, the fact that it occurred
only once may read to the conclusion that a sanction is unnecessary.
The Management of Deviance
The imposition of negative sanctions from others poses obvious difficulties that the
deviant would like to avoid. Through the use of a number techniques, the deviant is able
either to manage (or cope with) the stigma, prevent the stigma altogether or less what
stigma may be present. Through such techniques, the deviant is able to “save face”, ward
of social rejection and cope with the situation management techniques are used that suit
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the particular form of rejection the deviant encounters, but a number of techniques may
be common to a number of different forms of deviance.
1. Secrecy
If other not aware that an act of deviance has been committed or that a person occupies a
deviant status, there will be no negative sanction. Homosexuals may hide this fact from
their families and employers: obese person may avoid social gatherings and maintain and
isolated existence; heroin addicts may wear clothing that hides the needle marks on their
arms and legs. “Secrecy is (often) urged up on deviants by their in – the – known friends
and family among the morals; That’s what you want to do, okay, but why advertise it?”
2. Rationalizations
A deviant may “explain away’ the deviance by justifying it in terms of the situation, the
victim (if there is one), or some other factor usually beyond the deviant’s control. For
example, cheating on a one’s income taxes may be justified to the offender in terms of
the already excessive taxes one pays or shoplifting may become acceptable because “the
store can afford the loss and insurance will cover it anyway”.
The use of rationalization weakens the strength of the norms by placing the deviant act in
a more acceptable from work.
3. Change to Non-deviance
Another technique involves the movement from deviant to non-deviant status. For some
criminals this technique is usually referred to as “going straight” or being rehabilitated.
For example, the obese person loses weight; the prostitutes settle down with a family;
and the problem drinker shams alcohol. It is often difficult to determine whether or not
someone has terminated deviance this judgment is often a social one. The heroin addict
who no ledger uses heroin may take method one itself an addicting drug though a more
socially acceptable one.
The change to one deviance can also be seen on a group level with the affirmation of
deviance by militants. Homosexuals, for example, in some communities have a publicly
proclaimed their status and have pressured legislatures to change the laws concerning
this behavior. Similarly, militant prostitutes have taken like public stands advocating for
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decriminalization of this offense. In each instance, the idea is to change to non-deviance

by redefining behavior itself rather than changing individuals.
4. Deviant Sub-Cultures
Participation in a subculture is helpful for deviants in managing their deviance: it lessens

that chance of receiving a negative sanction from others by protecting them from contact
with “normal”. Homosexuals who frequent guy bars and maintain interaction with other
homosexuals, at least during that time, decrease the chance that outsiders will defect
them. Subculture offers the deviant sympathy, support, and association with other
deviants; they help the deviant cope with social rejection where, at the sometime
providing the opportunity to commit deviant act.
Concept of Crimes
Originally crimes were not defined. Crimes did not involve official action because all acts
are considered private matters. Individuals who were wronged took action against the
wrongdoer or the wronged doer's family. The system broke down when the family
structure changed, society became more complex, and people become more mobile.
Later the concept of crime developed but was confined to acts committed against the
king. Private revenge remained the only punishment for acts against private citizens.
Eventually the king representing the State realized that the peace of the community was
at stake and decreed that the act of wronging a person should be reported to the king.
Anyone who injured one of the king's subjects was considered to have injured the king.
The essential characteristics of crime is that it is a behavior which is prohibited by the

State as an injury to the State and against which the State may react, at least as the last
resort, by punishment.
Definition of Crime
A. In Sociological Point of View:
Crime refers to any anti-social act that is detrimental (injurious/harmful) to society. It

may be in the form of delinquency misdemeanor done by a juvenile or an adult person, or
serious wrongdoing or transgression.
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B. In Legal Point of View:
Crime is an “act or omission” punishable by “law” forbidding or commanding it. It is the

generic term of any sanctioned by the existing laws of the society- whether felony,
offense, or misdemeanor.
1. Felony- an act or omission punishable by the Revised Penal Code.

2. Offense- an act or omission punishable by Special Penal Laws.
3. Misdemeanor- a less serious act that is punishable by a small fine or imprisonment
for a short period of time (less than one year), usually in jail.
Ways of Incurring Crime
1. Through the performance of an Act:
Act generally refers to any bodily movement of an individual tending to produce a result in
the outside world. That act performed by individual must be defined and penalized under
the law to constitute a crime.
2. Through Omission:
Omission that is the failure of an individual to observed or performed a positive duty

required by law. The act omitted by an individual must be defined and penalized under the
law or there must be a law that requires someone to perform such act, and the non-
performance of such act constitute a crime.
Mala in Se vs. Mala Prohibita
1. Mala in Se (evil in itself) is crime or an act that is inherently immoral, such as murder,
arson or rape. Good faith is a valid defense, unless the crime is the result of culpa.
Criminal intent is an element.
2. Mala Prohibita (prohibited evil) is an act that is a crime merely because it is prohibited
by statute, although the act itself is not necessarily immoral. Good faith is not a
defense. Criminal intent is immaterial, but still requires intelligence & voluntariness.
Factors that Enhance the Development of Crime
1. Criminal Demography- study of the relationship between criminality and population.
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2. Criminal Epidemiology- study of the relationship between environment and

criminality.
3. Criminal Psychology- study of human behavior in relation to criminality.
4. Criminal Ecology- study of the criminality in relation spatial distribution in a
community.
5. Criminal Anthropology- study of criminality in relation to physical constitution of
men.
6. Victimology- study of the role of victim in the commission of crime.
Three most Common Concepts of Crime Used by Criminologist
1. Consensus View of Crime- this view believes the majority of citizens in a society
share common values and agree on what behaviors should be defined as criminal.
2. Conflict View of Crime- this view depicts the notion and belief that criminal behavior
is defined those in power in such a way to protect and advance their own self-
interest. Criminal laws, therefore, are viewed as created to protect the haves from
the have-nots.
3. Interactionist View of Crime- the definition of crime reflects the preferences and
opinions of the people who hold social power in a particular legal jurisdiction. These
people use their influences to impose their definition of what is right and wrong on
the rest of the population. This view, therefore, advances the belief that those with
social power are able to impose those values on society as a whole and these
values then define criminal behavior.
Criminology Perspectives in the Study of Crime
Criminology is the study of crime from four different perspectives. These include legal,
political, sociological, and psychological.
Initially, criminology examines crime from a legal point of view. This means that the
criminal behavior is examined as it is in violation of the law. Sometimes this means that
criminologists will evaluate the laws themselves, while other times this means that
criminologists will examine how criminal laws are created by criminal activities. Next,
criminology looks at crime from a political perspective. In this regard, crime is deemed to
be caused by breaking laws created by powerful political groups. These laws indicate
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illegal behavior. Those who support this point of view indicate that laws exist to further
the interest of the politically powerful; crimes consist of activity that the powerful believe
to be a threat to their interests. As a result, the laws do not always relate to what one
might naturally think of as right and wrong. Another criminology point of view is the
sociological perspective. The sociological perspective focuses on the social, political, and
economic problems which give rise to the crime. For example, this perspective considers
an offender's home situation, employment, race, education level, social situation, and
more in order to assess why an offender committed a crime. The last perspective of
criminology is the psychological perspective. Under the psychological point of view, crime
is viewed as a form of problem behavior which is due to an offender's inability to live in
harmony with the environment.
Sociological Classification of Crimes
1. Acquisitive crime- offender acquires something as a consequence of his act

2. Extinctive crime- end result of a criminal act is destruction
3. Seasonal crime- crime committed at a certain period of the year
4. Situational crime- crime committed when a situation arises conducive/contributing
to its commission.
5. Episodic- committed sequentially, committed every after a certain length of time
6. Instant- committed at the shortest possible time
7. Static- done in one place
8. Continuing- done in several places
9. Rational- done with intention; offender is in full possession of his mental faculties
10. Irrational- done by insane person or one who lacks the mental the mental
capability to analyze his actions
11. Crime by imitation- “copycat” crimes, modus operandi is merely a duplicate of
what was done by an earlier criminal
12. Crime by passion- done due to sudden anger, jealousy or excitement
13. Crime against persons- actions that directly injures the physical aspect of a person
14. Property crimes- crimes of economic interest
15. Organized crime- a system of crime in which a group of individuals create and
maintain a corporate-like organization, its members each having recognized
responsibilities and obligations.
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16. White collar crimes- violations of the criminal law committed during the course of
their occupational activities by persons of upper socioeconomic status.
17. Blue collar crimes- committed by ordinary or conventional people in order to
survive or maintain livelihood; conventional crimes.
18. Index crimes are violent crimes, a criminal act that involve threats or actual
physical harm to a victim by an offender. It presents not only offenses that we
recognized as violent acts involving force and intimidation but also “violent crimes”
that are commonly categorized as “social problem” such as domestic violence, child
abuse, elder abuse, etc.
19. Non-Index Crimes are mostly violations of special laws and other crimes such as
crimes against morals, crimes against chastity and other crimes against property.
What is Victimless Crime?
Victimless crimes refer to acts committed by consenting adults in private; the acts involve
only the participants and do not directly harm others. In other words, victimless crimes
are a crime which does not have a complaining offended party.
What is Delinquency?
Delinquency is an act not in conformity with the accepted norms and conduct of the
society; it usually applies only to acts that, if performed by a minor, would-be termed
criminal.
What is Common Law Crime?
Common Law Crimes are violations of the body of principles, usages and rule of action,
which do not rest for their authority upon any express and positive declaration of the will
of the legislature. They are not recognized here in our country, even if it is socially or
morally wrong, no criminal liability is incurred by its commission, unless there be a
provision in the penal code or special penal law that defines and punishes the act.
The Victims of Crime
In criminology and criminal law, a victim of a crime is an identifiable person who has been
harmed individually and directly by the perpetrator, rather than by society as a whole.
However, this may not always be the case, as with victims of white-collar crime, who may
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not be clearly identifiable or directly linked to crime against a particular individual. Victims
of white-collar crime are often denied their status as victims by the social construction of
the concept.
Victims means a person who, individually or collectively, have suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial impairment of
their fundamental rights, through acts or omissions that are in violation of criminal laws,
including those proscribing abuses of power.
Criminals: Definition, Concept and Classification
Criminal (offender) is a person who committed an act that is punishable by law and was
convicted by final judgment of a competent court. Criminal is a popular term used for a
person who has committed a crime or has been legally convicted of a crime.
Criminal also means being connected with a crime. When certain acts or people are
involved in or related to a crime, they are termed as criminal.
Other Terms Associated with the Term Criminal
1. Suspect - one who is implicated to the commission of a crime (subject of

investigation).
2. Respondent - person who is a subject of preliminary investigation or inquest
proceeding or one who answers something, or the defending party in a law case.
3. Accused - person charged of an offense in court and facing trial.
Classification of Criminals by Lombroso
1. The Born Criminal- those that had pathological symptoms common with imbecile
and the epileptic.
2. The Insane Criminal- those who commit crimes due to abnormalities or
psychological disorders.
3. The Criminaloid- those who commits crime due to less physical stamina/self-
control.
4. The Occasional Criminal- those who commits crime due to insignificant reasons
that pushed them on a given occasion.
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5. The Criminal by Passion- individuals who are easily influenced by great emotions
like fit of anger.
Types of Criminals According to Garofalo
1. Murderers- Are 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.
Other Classification of Criminals
1. Acute Criminal- One who violates a criminal law because of the impulse or fit of
passion.
2. Chronic Criminal- Plans the crime ahead of time.
3. Ordinary Criminal- Pushed to commit crimes due to great opportunity.
4. Organized Criminal- Commit crimes easily without being detected by authorities.
5. Professional Criminal- One who practices crime as a profession to maintain a living.
6. Accidental Criminal- Commit crimes when the situation is conducive to its
commission.
7. Habitual Criminals- Commit crime because of deficiency of intelligence and lack of
self-control.
8. Active Criminals- Commit crimes due to aggressiveness.
9. Passive-Inadequate Criminals- Commit crimes because they are pushed to it by
reward or promise.
10.Socialized Delinquents- Criminals in normal behavior but detective in socialization
development.
11.Habitual Delinquent- A person who, with in a period of ten years from the last
conviction.
12.Recidivist- Have been previously convicted by final judgment. Same title in Revised
Penal Code.
Types of Delinquents
A. According to Terrie Moffitt
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And exactly those different patterns were teased out in one of the really influential pieces
of research that has been done in this area, which was done by psychologist Terrie Moffitt.
In that study, she looked at the different pathways, or criminal careers as they are also
called, of youth offenders, and at when they got into crime and when they stopped.
According to Moffitt, there are basically two groups of teenage offenders, or two types of
what is called “trajectories”.
1. Adolescence limited offender: The first group of offenders, Moffit calls

“adolescence limited” offenders. These youths offend only in their teenage
years. So, their involvement in crime is only temporary. And once they get
older, they stop offending. This is a much larger group of youth. So many
more youth belong to this group of the adolescence limited offenders than to
the other groups, but they commit offenses for a much shorter time period.
2. Life-course persistent offender: The second group is that of the so-called life-
course persistent offender. This trajectory starts early in life. These children
start to show problem behavior early on. As you can see, Moffitt proposed
that this is only a small group of adolescents who show this type of behavior,
less than ten percent. But their criminal career is very lengthy and
consistent, and continues well into adulthood.
B. According to Albert Cohen
1. Corner Boys - according to Cohen, which young men remain in their birth
neighborhood, acquire families and menial jobs, and adjust to the demands
of their environment; Try to make out of a bad situation.
2. College Boys - a disadvantaged youth who embraces the cultural and social
values for the middle class & actively strives to be successful by those
standards. This type of youth is embarking on an almost hopeless path,
because he is ill-equipped academically, socially, & linguistically to achieve
the rewards of middle-class life; continue to strive for middle class goals
despite limited chances.
3. Delinquent Boys - type of lower-class male youth identified by Cohen who
responds to strain and status frustration by joining with similar others in a
group to commit a crime.
Penal Couple
36
Penal couple is defined as the relationship between perpetrator and victim of a crime. That
is, both are involved in the event. Sociologist invented the term in 1963 and now accepted
by many sociologists. The concept is, essentially, that "when a crime takes place, it has
two partners, the offender and the victim, who is providing opportunity to the criminal in
committing the crime. The victim, in this view, is "a participant in the penal couple and
should bear some 'functional responsibility' for the crime. The very idea is rejected by
some other victimologists as blaming the victim.
The Crime Triangle (Lawrence Cohen and Marcus Felson)
The crime triangle would simply give us the easiest way of understanding how crime
exists in general, there are three elements that must be present at the same time and
place for crime to exist. These are the (1) Desire of a criminal to commit a crime; (2)
Target of the criminal's desire; and (3) Opportunity for the crime to be committed.
First, in order for a crime to take place, the offender must have a desire (motive) to
commit the act. This desire may come from wanting revenge, acceptance, and money or
even from an emotional disorder. Unfortunately, desire of a perpetrator to commit a crime
is hard to reduce, therefore making it hard to prevent. Second, the targets of the
criminal’s desire, this refers to the prospective victim. In general, crime will most likely to
occur if there is a prospective target, except in victimless crime in particular. Third, there
must be an opportunity for a crime to be committed. Opportunity consists of the act/s of
omission and/or commission by a person (the victim), which enables another person or
group of persons (the criminal) to perpetrate the crime.
The Criminal Formula: (Christian Abrahamsen)
37
C=T+S
R
C- Criminal Behavior
T- Criminal Tendency
S- Total Situation
R- Resistance
Methods of Measuring of Crimes
Crime statistics attempt to provide statistical measures of the crime in societies. Given
that crime is usually secretive by nature, measurements of it are likely to be inaccurate.
However, here are the basic methods of measuring crimes:
Crime Volume- is the number of crime incidents committed in a given area over a period
of time which include the index and non-index crime.
FORMULA:
CV= Index Crimes + Non-Index Crimes
Crime Rate- is the number of crime incidents in a given period of time for every 100, 000
inhabitants of an area.
FORMULA:
CV
CR= ----------------- X 100, 000
Population
Crime Solution Efficiency (CSE) - is the percentage of solved cases out of the total
number of crime incidents handled by law enforcement agencies for a given period of
time.
FORMULA:
Solved Cases
CSE= --------------- x 100%
38
CV
Crime Clearance Efficiency- is the percentage of cleared cases out of the total number
of crime incidents handled by law enforcement agencies for a given period of time.
FORMULA:
CC
CCE= ------- x 100%
CV
39
Part Four: Sociology of Law: Criminal Law and Its Basic Principles
Sociology of law is a branch of criminology that is often described as a sub-discipline of

sociology or an interdisciplinary approach within legal and/or social studies. The sociology
of law refers to the sociological study of law and law-related phenomena, whereby law is
typically conceived as the whole of legal norms in society as well as the practices and
institutions that are associated with those norms.
It has been seen that the system of law and justice is a fundamental institution of the
basic structure of society that mediates between" political and economic interests, culture
and the normative order of society, establishing and maintaining interdependence and
constituting as sources of consensus and social control." More specifically, the sociology of
law consists of various approaches to the study of law in societies, which empirically
examines and theorize the interaction between law, legal, non-legal and social factors.
Law is a rule of conduct just and obligatory promulgated by a competent legitimate

authority for common observance. It is the society’s primary instrument for making
known what acts are crimes and what sanctions may be applied to those who commit acts
defined as crimes. Law is an instrument which regulates human conduct/behavior. Law
means Justice, Morality, Reason, Order, and Righteous from the view point of the society,
while it refer to a Statutes, Acts, Rules, Regulations, Orders, and Ordinances from point of
view of legislature.
Laws protect our general safety, and ensure our rights as citizens against abuses by other
people, by organizations, and by the government itself. Law carries out a lot of functions
in a modern state. It serves as a means of social control, assisted by such other means as
public opinion (morality), religion, education and custom.
Philippine Constitution
Philippine Constitution is the fundamental law of the state, in which all laws must conform
with. Laws may be declared unconstitutional if it was legislated not in harmony with our
constitution.
Criminal Law is branch of substantive law which defines crimes, treats of their nature, and
provides for their punishment.
40
The primary source of criminal law in the Philippines is the Act No. 3815 otherwise known
as The Revised Penal Code of the Philippines, approved on December 8, 1930 and took
effect on January 1, 1932. Secondary source of criminal laws are the different special laws
which are criminal or penal in nature. Special Penal Laws are a statute enacted by
Congress, penal in character, which is not amendment to the Revise Penal Code such as
Republic Acts, Presidential Decrees, etc.
Construction of Penal Laws
In case of doubt, penal laws are strictly construed against the State and liberally in favor
of the accused.
Pro Reo Doctrine
Whenever a penal law is to be construed or applied and the law admits of two
interpretations; one lenient to the offender and one strict to the offender, that
interpretation which is lenient or favorable to the offender will be adopted.
Basis: The fundamental rule that all doubts shall be construed in favor of the accused and
presumption of innocence of the accused. The rule that penal statutes should be strictly
construed against the State may be invoked only where the law is ambiguous and there is
doubt as to its interpretation. Where the law is clear and unambiguous, there is no room
for the application of the rule.
Equipoise Rule
When the evidence of the prosecution and the defense are equally balanced, the scale of
justice should be tilted in favor of the accused in obedience to the constitutional
presumption of innocence.
Power to Define and Punish Crimes
The State has the authority, under its police power, to define and punish crimes and to lay
down the rules of criminal procedure. States as a part of their police power have a large
measure of discretion in defining criminal offenses.
Constitutional Limitations on the Power of the State to Enact Penal Legislation
41
1. No ex post facto law or bill of attainder shall be enacted.

2. No person shall be held to answer for a criminal offense without due process of law.
An ex post facto law is one which:
1. Makes criminal act done before the passage of the law and which was innocent
when done, and punishes such an act.
2. Aggravates a crime, or makes it greater that it was, when committed;
3. Changes the punishment and inflicts a greater punishment than the law annexed to
the crime when committed;
4. Alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense;
5. Assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful;
6. Deprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.
A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is
the substitution of a legislative act for judicial determination of guilt. Example: Congress
passes a law which authorizes the arrest and imprisonment of communist without the
benefit of judicial trial.
Characteristics of Criminal Law
1. Generality
The penal law of the country is binding on all persons who live or sojourn in Philippine
territory, subject to the principles of public international law and to treaty stipulations.
2. Territoriality
Penal laws of the country have force and effect only within its territory. It cannot penalize
crimes committed outside its territory. The national territory comprises the Philippine
Archipelago… (Art. 1, 1987 Constitution) The territory of the country is not limited to the
land where its sovereignty resides but includes also its maritime and interior waters as
well as its atmosphere.
42
3. Prospectivity
Acts or omissions will only be subject to a penal law if they are committed after a penal
law has taken effect. Conversely, acts or omissions which have been committed before
the effectivity of a penal law could not be penalized by such penal law.
What are Felonies?
Felony refers only to violations of the Revised Penal Code. It is an act or omission
punishable by the Revised Penal Code.
Classification of Felonies
A. According to the manner of their commission:

1. Intentional- those committed with deliberate intent.
2. Culpable- those resulting from negligence, reckless imprudence, lack of foresight
or lack of skill; performed without malice.
Negligence Imprudence
1. Indicates deficiency of perception 1. Indicates deficiency of action
2. Failure to pay proper attention, and 2. Failure to take the necessary
to use diligence in foreseeing the precaution to avoid injury to person
injury or damage impending to be or damage to property.
caused. 3. Usually involves lack of skill
3. Usually involves lack of foresight
B. According to the stages of their execution:

1. Attempted- when the offender commences the commission of a felony directly or
over acts, and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than this own spontaneous
desistance.
2. Frustrated- when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.
3. Consummated- when all the elements necessary for its execution and
accomplishment are present.
43
C. According to their gravity:

1. Grave Felonies- those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive.
2. Less Grave Felonies- those which the law punishes with penalties which in their
maximum period are correctional.
3. Light Felonies- those infractions of law for the commission of which the penalty is
arresto menor, or a fine not exceeding P200, or both.
D. Classification of Crimes (based on the Revised Penal Code)

1. Crimes against National Security and the Law of Nations
2. Crimes against the Fundamental Laws of the State
3. Crimes against Public Order
4. Crimes against Popular Representation
5. Crimes against Public Interest
6. Crimes against Public Morals
7. Crimes against Decency and Good Customs
8. Crimes committed by Public Officers
9. Crimes against Persons
10. Crimes against Liberty
11. Crimes against Security
12. Crimes against Property
13. Crimes against Chastity
14. Crimes against the Civil Status of Persons
15. Crimes against Honor
44
Part Five: The Science of Penology; Its Concepts and Principles
Penology as "the study of punishment of crime and penitentiary management” and in this
sense is equivalent to corrections made to criminals. Penology is a term that was probably
coined by Francis Lieber.
Penology deals with the effectiveness of social processes devised and adopted for the
prevention of crime, through repression or inhibition of criminal intent through fear of
punishment. Therefore, the study of penology deals with the treatment of prisoners and
the subsequent rehabilitation of convicted offenders.
It also covers aspects of parole (rehabilitation of offenders within a community) as well as

prison science related to the safe detention and retraining of criminals committed to
secure institutions. Contemporary penology deals mainly with criminal rehabilitation and
penitentiary management.
Concept of Punishment
Punishment is the redress that the state can take upon an offending member. It is the
infliction or imposition of a penalty as retribution for an offence. Punishment involves pain
or suffering produced by designed and justified by some value that the suffering is
assumed to have.
Penalty
Penalty is the suffering that is inflicted by the State for the transgression of a law. Penalty
in its general sense signifies pain; in the judicial sphere, it means suffering undergone,
because of the action of society, to one who commits a crime. The very purpose or reason
why society has to punish a criminal is to secure justice. The state has to protect its
existence, assess what is right for the people based on moral principles, which vindicated.
The giving of punishment, which is exercised by society, is the fulfilment of service and
satisfaction of a duty to the people it protects.
Goals of Sentencing
1. Retribution - is the fact of lasting revenge upon a criminal perpetrator.

2. Incapacitation - is the use of imprisonment or other means to reduce the likelihood
that an offender will be capable of committing future offences.
45
3. Deterrence - is a means which seeks to prevent others from committing crimes or

repeating criminality.
4. Rehabilitation - is the attempt to reform a criminal offender, the state in which a
reformed offender is said to be rehabilitated.
5. Restoration - a goal of which attempts to make the victim whole again.
Theories of Justification of Penalties
1. Prevention. The state must punish the criminal to prevent or suppress the danger
to the state arising from the criminal acts of the offender.
2. Self-defense. The state has the right to punish the criminal as a measure of self-
defense so as to protect society from the threat and wrong action inflicted by the
criminal.
3. Reformation. The object of punishment in criminal case is to correct and reform the
offender.
4. Exemplarity. The criminal is punished to serve as an example to others to deter
from committing the crime.
5. Justice. That the crime must be punished by the state as an act of retributive
justice, a vindication of absolute right and moral law violated by the criminal.
6. Retribution. Personal vengeance
7. Expiation or Atonement. It is advocated during the pre-historic age. It is the
execution of punishment visibly or publicly for the purpose of appeasing a social
group.
8. Deterrence. Contended that punishment is to prevent others in committing a crime.
Different Juridical Conditions of Penalty
1. Must be PRODUCTIVE OF SUFFERING, without affecting the integrity of the human

personality.
2. Must be COMMENSURATE to the offense– different crimes must be punished with
different penalties.
3. Must be PERSONAL – no one should be punished for the crime of another.
4. Must be LEGAL – it is the consequence of a judgment according to law.
5. Must be CERTAIN – no one may escape its effects.
6. Must be EQUAL for all.
46
7. Must be CORRECTIONAL
Duration of Penalties under the RPC
1. Reclusion Perpetua- 20 years & 1 day to 40 years

2. Reclusion Temporal- 12 years & 1 day to 20 years
3. Prision Mayor- 6 years & 1 day to 12 years
4. Prision Correccional- 6 months & 1 day to 6 years
5. Arresto Mayor- 1 month & 1 day to 6 months
6. Arresto Menor- 1 day to 30 days
Rehabilitation and Reformation
Rehabilitation is program of activity directed to restore an inmate’s self-respect and sense

of responsibility to the community, thereby making him/her a law-abiding citizen after
serving his/her sentence. Reformation refers to the rehabilitation component of the
present corrections system, shall refer to the acts which ensure the public (including
families of inmates and their victims) that released national inmates are no longer harmful
to the community by becoming reformed individuals prepared to live a normal and
productive life upon reintegration to the mainstream society.
Imprisonment is the putting of offenders in prison for the purpose of protecting the public
and at the same time rehabilitating them by requiring the latter to undergo institutional
treatment program.
Institutionalized and Non-Institutionalized Rehabilitation
Institutionalized Rehabilitation is a method or process of correcting, reforming criminal

offenders inside the prison using both traditional and scientific method as supervised by
different departments and agencies of the government.
Non-Institutionalized or Community Based Rehabilitation is a method of correcting

sentenced offenders in the community subject to different rules and guidelines set by
authorities.
47
Part Six: Introduction to Criminalistics (Forensic Science)
Criminalistics is one subdivision of forensic sciences. The terms criminalistics and forensic
sciences are often confused and used interchangeably. Forensic sciences encompass a
variety of scientific disciplines such as medicine, toxicology, anthropology, entomology,
odontology, and of course, criminalistics.
Criminalistics is profession and scientific discipline directed to the recognition,

identification, individualization and evaluation of physical science by application of natural
sciences in matters of law and science. Criminalistics is one of the many branches of
Forensic Science, which deals with study of physical evidence related to crime.
Criminalistics is the study of criminal things. A criminal does a wrong act by means of
things. He spills blood, breaks glass, falsified papers, discharge firearms, get stains on his
clothing, or leaves the marks of his feet or fingers at the place of his crime. These criminal
things are called physical evidence.
Many of these criminal things (physical evidence) are very small and have to be located
for with the used of microscope. Some must be tested with chemicals to find out what
they are. Some criminal’s things are hidden and have to be dusted with powder or looked
for with a special light to see them. The making of this test is the work of criminalist. A
criminalist is a person trained in science who uses the ways of the laboratory to help the
police. In some countries, he is called forensic scientist.
As an integral part of the forensic sciences, criminalistics encompasses the broadest

variety of disciplines. These commonly include the examinations of toolmarks, firearms,
fingerprints, shoeprints, tire tracks, soil, fibers, glass, paint, serial numbers, light bulbs,
drugs of abuse, questioned documents, fire and explosion, biological fluids, and last but
not least, crime scenes. Criminalistics also typically includes physical evidence that is not
directly studied by another field of forensic sciences.
The main goal of criminalistics is to apply the principles of sciences to the examination of
evidence in order to help the justice system determine that a crime has been committed,
to identify its victim(s) and perpetrators, and finally, determine the modus operandi, or
method of operation. Criminalistics uses other scientific disciplines to examine physical
evidence. Among these are chemistry, biology, physics, and mathematics.
48
Crime scene investigation consists of the detailed examination of a crime scene, and
detection, recognition, and collection of pertinent evidence, as well as permanent
documentation of the scene.
Fingerprint examination consists of detection and revelation of fingerprints from different

surfaces and comparison with other fingerprints, such as those provided by a suspect, in
order to establish a link. Toolmarks, shoeprints, and tire tracks examination consists of
recording and observing impressions in order to establish links with a potential tool, shoe,
or tire. Drug analysis consists of the identification and quantification of a drug of abuse.
The examination of biological fluids, also referred to as forensic serology, consists in the
detection, recognition, and collection of body fluids and their subsequent analyses in order
to identify the person from whom they originate. Trace evidence encompasses a large
variety of minute pieces of evidence such as fibers, glass, soil, and paints. Traces are
examined and compared to potential sources of origin in order to identify their origin.
Questioned documents consist of the examination of documents to determine their

authenticity or to identify forgery or counterfeiting, and of handwriting and signature
analysis to identify the person who wrote them.
The examination of serial numbers consists of the determination of their authenticity and
the restoration of the ones that have been erased. The study of light bulbs consists of
determining if they were on or off at time of their breakage. This is particularly helpful in
road accident investigation.
Distinction between Criminology and Criminalistics (Forensic Science)
Criminology Criminalistics (Forensic Science)

A social science An applied science
Deals more on theories Use practical and technological knowledge
Study of criminal people Study of criminal things
49
Part Seven: Introduction to Law Enforcement
Basic Terms
1. Law Enforcement is to compel obedience to a law, regulation or command. The

activity of making certain that the laws of an area are obeyed: Laws are futile if
they are not properly obeyed and observed. Hence, every state or government
creates agents or agencies responsible for the enforcement of the laws.
2. Law Enforcement Agency pertains to a person or organization responsible for
enforcing the laws, especially referring to the so-called police organization. Within
this perspective, it is recognized that police officers play a significant role in
adapting and responding to unexpected or unknown situations, as well as
recognized situations, such as theft or domestic dispute.
3. Law Enforcement Administration is the process involved ensuring strict compliance,
proper obedience of laws and related statutes. Focuses on the policing process or
how law enforcement agencies are organized and manage in order to achieve the
goals of law enforcement most effectively, efficiently and productively.
4. Policing is to ensure that the law and order are maintained in a particular area or
event, using the police or the military force; and to ensure that rules and
procedures are followed correctly in something or that something is implemented as
agreed. Hence, policing is synonymous with the term law enforcement and these
two terms are used interchangeably.
Origin of the Word Police
The term police are derived from the word “POLITIA” which means condition of a state,
government and administration. The word POLITIA in turn originated from the Greek word
“POLITEIA” which means government, citizenship, or the entire activity of a POLIS, a city.
Other sources further explained that the Greek word POLITEIA is a combination of two
Greek words: POLIS, which means city, and POLITES, which means citizens. POLITEIA,
therefore, is a citizen police organized for preventing and detecting crimes in a city.
Police defined
50
Police refers exclusively to that body of armed men which an institution is capable of
exercising its duties by armed physical forces in the preservation and detection of crimes
and execution of laws. Police typically are responsible for maintaining public order and
safety, enforcing the law, and preventing, detecting, and investigating criminal activities.
Theories of Policing
1. Continental Theory- is the theory of police service which maintains that police
officers are servants of higher authorities.
2. Home Rule Theory- the theory of police service which states that police officers are
servants of the community or the people.
3. Old Policing- the yardstick of the efficiency of the police is determined by the
number of arrests. Punishment is the sole instrument of crime control.
4. Modern Policing- the yardstick of police efficiency is the absence or lesser
occurrence of crimes. Police omnipresence is considered as the tool or instrument in
crime prevention.
Three Styles of Policing (James Q. Wilson)
The police decide which laws to enforce, a process known as discretion. Let us examine
how the police are constrained in their efforts to keep order, provide services to citizens,
and fight crime.
1. Watchman Style
This style places an emphasis on maintaining order, but through informal methods. The
watchman department is focused on resolving disputes, but not terribly focused on
proactively preventing disputes. The department's overall goal is to keep the peace.
Wilson found that the watchman department is popular in rural, small town, and blue-
collar communities. This may be because these departments carry out many non-
traditional police functions and don't have many outside resources available. The
watchman style is also prevalent in communities with a diverse population. Because
watchman departments aren't as proactive as other departments, officers are allowed
wide discretion. In a watchman style, officers gauge the seriousness of the offense based
51
on its immediate consequences. This means that certain offenses are overlooked because
the department is working toward the broader goal of maintaining overall public order.
However, watchman departments can run into trouble with this method. Sometimes wide
discretion can be interpreted as discrimination. Officers must be careful, it's important
that they don't create a perception of unfair treatment toward any particular group.
2. Legalistic Style
This style places an emphasis on violations of law and relies on threats of arrest or actual
arrests. Think of it as strict enforcement of criminal law. The legalistic department is
focused on resolving disputes, like the watchman. However, they use formal, rather than
informal, methods. The legalistic department emphasizes their role as law enforcers and
prides themselves on professionalism. It's sometimes compared to a 'paramilitary' style.
Wilson found that this style is popular in larger cities with diverse populations and well-
organized governments. The legalistic style is popular in state police and state highway
patrol agencies, too. In all legalistic departments, officers are expected to make a lot of
arrests and write a lot of citations. These officers initiate more contact with the public than
those in other types of departments. Legalistic departments are also different than
watchman departments in that the officers have little discretion. Legalistic departments
use a single community standard for conduct. Standards don't differ between groups and
offenses are rarely overlooked. But this method can also cause problems. Because all
groups are treated the same, it might seem that some groups are treated too harshly.
3. Service Style
This style places an emphasis on serving the public and helping the community. Unlike the
legalistic department, this department isn't focused on enforcing the law. It's focused on
interacting with and aiding the public through informal methods, rather than on enforcing
the law. Think of it as 'public service'.
What are the goals of policing?
1. To protect life and property

2. To maintain peace and order
52
3. To enforce the law

4. To prevent and detect crimes
5. To assist the public in circumstances of personal emergency
Problem Oriented Policing vs Community Policing
Problem-oriented policing is the type of policing where police patrol personnel look at
causes of crime and potential crime in particular areas rather than just dealing with
incidents. Community policing on the other hand, a crime prevention method involving the
wider community.
Basic Functions of Law Enforcement
1. Maintenance of Peace and Order: Law enforcement agencies specially police

forces are mandated with the duty to enforce the law and maintain peace and
order as a function of government consistent with state policy declared in Article
II Section 5 of the Constitution that “the maintenance of peace and order, the
protection of life, liberty, and property, and the promotion of the general welfare
are essential for the enjoyment by all the people of the blessings of democracy.
2. Crime Control and Prevention: Crime prevention comprises strategies and
measures that seek to reduce the risk of crimes occurring, and their potential
harmful effects on individuals and society, including fear of crime, by intervening
to influence their multiple causes. It is the anticipation, the recognition, and the
appraisal of a crime risk and the initiation of action to remove or reduce it.
Crime prevention is the major task of the police. In carrying out this task, the
police cooperate with the authorities concerned to promote public knowledge of
crime prevention and they conduct investigation and collect evidence for
examination with scientific instruments and methods through legal procedures in
hope that all cases occurring could be solved promptly to ensure social security
and stability.
3. Crime Detection: Crime detection begins with the discovery of crime scene and
proceeds through the process of evidence collection, identification and analysis.
53
4. Crime Investigation: Criminal investigation is an art which deals with the

identity, location and apprehension of a person who commits a crime and
provides evidence of his guilt in criminal proceeding. Applied to the criminal
realm, a criminal investigation refers to the process of collecting information (or
evidence) about a crime in order to: (1) determine if a crime has been
committed; (2) identify the perpetrator; (3) apprehend the perpetrator; and (4)
provide evidence to support a conviction in court.
5. Crime Suppression: Crime suppression are strategies and measures that seek to
reduce the risk of crimes occurring, and their potential harmful effects on
individuals and society, including fear of crime, by intervening to influence their
multiple causes.
Different Law Enforcement Agencies in the Philippines

1. Philippine National Police
2. National Bureau of Investigation
3. Philippine Drug Enforcement Agency
4. Philippine Coast Guard
5. Bureau of Fisheries and Aquatic Resources
6. Economic Investigation and Intelligence Division
7. Bureau of Customs
8. Bureau of Immigration
9. Bureau of Internal Revenue
10.Bureau of Forest Development
11.Land Transportation Office
12.National Telecommunication Commission
13.Bureau of Food and Drugs
14.Bureau of Product Standards
54
---oOo---
References:
1. Fundamentals of Criminology (Dr. Rommel K. Manwong)

2. Criminology and Crimes (Sue Titus Reid)
3. Introduction to Criminology (Sally S. Kalalang)
4. Revised Penal Code (Act 3815)
5. Introduction to Criminology and Psychology of Crimes (Armando A. Alviola)
6. Essentials of Criminology (Miller F. Peckly)
7. Dynamics of Law Enforcement (Dr. Rommel K. Manwong)
8. Criminology Compendium
55

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Fundamentals of Criminology

Etiology of the word Criminology

Criminology is a body of knowledge regarding crime and delinquency as a social

A. Main Branches of Criminology

B. Other Branches of Criminology

1. Victimology is the study of victimization, including relationships between victims

2. Criminal Anthropology it is a field of profiles of offenders, based on the perceived

1. Applied Science- anthropology, psychology, sociology and other natural sciences

Part Two: Historical Development of Criminology and Theories

A. Pre-Classical Era (Late 1700s)

B. Classical Era/Modern Criminology (18th to 19th Century)

Key Concept and Assumptions

Pioneers of Classical Theory of Criminology

movement, it proposed “practically all of the important reforms in the administration of

Cesare Beccaria (1738-1794)

Jeremy Bentham (1748-1832)

The Rule of Law under the Classical Theory of Criminology

Who Defines Crime under the Classical Theory of Criminology?

Criminal Justice Policy Implications, Correctional Ideology and Crime Control

Reasons why Criminals should be punished under Classical Theory

Criticisms against Classical School of Criminology

Neo-Classical Classical Theory

The Neo-Classical School (also known as Neo-Positivism, Neo-Conservatism and Right

Key Concepts and Assumptions

Pioneers of the Positivist/Italian School of Criminology (The Positivist Trio)

Cesare Lombroso (1836-1909)

Enrico Ferri (1856-1929)

Raffaele Garofalo (1852-1934)

capable of adapting themselves to society in some measure, he preferred; transportation

Classical vs. Positivist Theory

Emphasis on agency and personal free Emphasis on structure and circumstances

Focuses on crime deterrence and Focuses on the causal factors associated

Reformation through punishment of Reformation through correction or

Enduring influence on the criminal Enduring influence on research and

Other Theories in Criminology

A. Cartographic/Geographical School of Criminology

B. Socialist School of Thought

C. Psychiatric School of Thought

It theorizes that “certain organization of personality, developed entirely apart from

D. Socio-Social-Psycho School of Thought

E. Ecological/Chicago School of Thought

1. Zone 1 (the central business district). This zone is characterized by light

F. Feminist School of Criminology

Theories of Crime Causation in General

A. Biological Theories of Crime (Nature Theory)

B. Sociological Theories of Crime (Nurture Theory)

1. Social Learning Theories

2. Social Control Theories

3. Social Structure Theories

4. Social Process or Reaction Theories

C. Psychological Theories of Crime

Part Three: Deviance and Crimes; Its Nature and Classification

Deviance is deflecting from and rejecting socially acceptable standards. Deviance is a

Four Definition of Deviance

The absolutist definition of deviance is widely supported today, particularly by

A well-known definition of deviance is that of Howard Becker, who terms it the

According to the relative definition, deviance is a created situation, created by audiences

According to this definition, what we call deviance is a relative concept because it is

1. That the action is regarded as a serious, threatening to other persons or to the

Societal Reaction and Deviant Behavior

Informal Social Control

Formal Social Control