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Crim Introduction Plremm
Crim Introduction Plremm
Crim Introduction Plremm
In an attempt to find a rational explanation of crime, a large number of Jeremy Bentham was an English jurist,
theories have been propounded. Various factors such as evil spirit, sin, philosopher, and legal and social reformer. He best
disease, heredity, economic maladjustment etc. have been put forward either known as an early advocate of utilitarianism and
singly or together to explain criminality. With the advance of behavioral fair treatment of animals that influenced the
sciences, monogenetic explanation of human conduct is no longer valid and development of liberalism.
the modern trend is to adopt an eclectic view about the genesis of crime.
However, some criminologists still tend to lay greater emphasis on physical
traits in order to justify exclusive resort to correctional methods for the He invented the panopticon, and other classical school’s philosophers argued
treatment of offender. the following:
1. People have free will to choose how to act;
ABSTRACTION 2. Deterrence is based upon the utilitarian ontological notion of the human
The Classical School of Criminology being a ‘hedonist’ who seeks pleasure and avoids pain, and a ‘rational
calculator’ weighing up the costs and benefits of the consequences of each not from what criminals had in common with others in society, but from their
action. distinctive physical or mental defects.
3. Punishment (of sufficient severity) can deter people from crime, because of
the following:
a. The cost (penalties) outweigh benefits.
b. The severity of punishment should be proportionate to the
crime. Cesare Lombroso (1836-1909)
4. The swifter and certain the punishment, the more effective it is in The Italian criminologist and founder of the Italian
deterring criminal behavior. School of Positivist Criminology. And was criticized for
his methodology and his attention to the biological
characteristics of offenders, but his emphasis on the
Neo-Classical Theory – the theory which contends that children and lunatics need to study offenders scientifically earned him the
cannot calculate pain and pleasure, therefore, they must have exempted from “father of modern criminology.”
incurring criminal liability.
Greatest Contributions of Lombroso:
a. He rejected the established Classical School, which held that
ABSTRACTION crime was a characteristic trait of human nature. Instead, he
used concept drawn from (physiognomy, early eugenics,
The Positivist/Italian School (1838-1909) – that criminal behavior
psychiatric, Social Darwinism)
is caused by internal and external factors outside of the individuals control.
The positivist school introduced the scientific method of understanding
b. Lombroso’s theory of anthropological criminology essentially
criminality and was applied to study human behavior. Italian School of
stated that criminality is: Inherited and that someone born
Criminology was founded at the end of 19th century by Cesare Lombroso
criminal could be identified by physical defects, w/c confirmed
(1835-1909) and his two students, Enrico Ferri (1856-1929) and Rafaele
a criminal as savage or atavistic.
Garofalo (1851-1934).
c. Lombroso took a scientific approach, insisting an empirical
Positivist School presumes that criminal behavior is caused by evidence for studying crime
internal and external factors outside of the individual’s control. The Positivist d. He founded criminal anthropology. He suggested that a
introduced the scientific method of understanding criminality and was applies physiological trait is indicative of criminal tendencies such as
to study human behavior. It rejected the classical school’s idea that all crime (measurement of check bones, hairline, cleft palate.
resulted from choice that could potentially be made anyone. Though they did
not disagree with the Classical School that most crime could be explained
through “human nature,” they argued that the most serious crimes were Classification of Criminals by Lombroso
committed by individuals who were “primitive” or “atavistic” – that is, who
1. Born Criminals (Atavist) – there are born criminals according to
failed to evolve to fully human and civilized state. Crime therefore resulted
Lombroso, the belief that being criminal behavior is inherited.
2. Insane Criminals – are those who commit crime due to abnormalities
● Criminals should not be held responsible of their
or psychological disorders. They should be exempted from criminal
liability. acts because the factors causing their criminality
3. Criminaloid – a person who commits crime due to less physical were beyond their control.
stamina/ self-control. Further categorize by Lombroso as ‘habitual ● Crime could be controlled by improving the
criminal’ who become contact with other criminals. This category social conditions of the poor and to that end
included: advocate the provision of subsidized housing,
a. Criminal by Passion – are individuals who are easily birth control, and public recreation facilities.
influenced by great emotions like fit of anger.
b. Juridical Criminal – this criminal is one who violet the law by
accident. Raffaele Garofalo (1851-1934)
4. Occasional Criminal – are those who commit crime due to
A Italian jurist and a student also of Cesare Lombroso. H
insignificant reasons that pushed them to do at a given occasion.
is Contributions in the Italian School of Criminology are
5. Pseudo-criminals – are those who kill in self-defense.
as follows:
a. rejected the doctrine of free will and supported the
Enrico Ferri (1856-1929) position that crime can be understood if it is to studied
by scientific methods
Enrico Ferri, a student of Lombroso argued that criminal
b. attempted to formulate a sociological definition of crime
behavior could be explained by studying the interaction
that would designate those acts which can be repressed
of a range of factors. His interest in socialism led him to
by punishment
recognize time importance of social, economic, and
political determinants. He believed that criminals could Garofalo constituted” Natural Crime” and were considered offenses violating
not be held morally responsible for their crimes because the two basic altruistic sentiments common to all people, namely, probity
they did not choose to commit crimes, but rather, were (moral integrity) and pity (feeling of sympathy, regrettable thing, mercy)
driven to commit them by conditions in their lives. He
also claimed that strict adherence to preventive
measures based on scientific methods would eventually Garofalo (1851–1934). Positivism is classified intro three segments
reduce crime and allow people to live together in society which includes the following:
with less dependent on penal system.
● Biological Positivism – includes the study of the following theories in
Conclusion relation to criminality: criminal anthropology, phrenology,
Enrico Ferri Summarized that: physiognomy, heredity: Kallikak and Juke Family study, criminal body
type theories/somatotyping, genetic structure, biochemistry, blood
● Social as well as biological factors played a role in sugar levels, adrenaline sensitivity, allergies and diet and substance
abuse.
criminality.
According to Garofalo, natural crimes are those that offend the
● Psychological Positivism – relates criminality through the study of
basic normal sentiments of probity, which mean respect for property of
the following theories: psychodynamics/psychoanalytical theory, others, and piety or avoidance of causing infliction of suffering to others.
behavioral learning theories and cognitive learning theories.
● Social Positivism – refers criminality through the study of the
following theories: social disorganization theory, Chicago school Raffaele Garofalo’s suggestions are the following:
theory and anomie theory.
● Death for those criminal acts grew out of a permanent psychological
anomaly, rendering them incapable of social life;
● Partial elimination of long time imprisonment for those fit only for the
life of nomadic hordes or primitive tribes; and
● Enforced reparation on the part of those who lacks altruistic
Types of Criminal by Raffaele Garofalo sentiments but who have committed crimes under pressure of
Murderer – refers to a criminal who kills another person and is satisfied from exceptional circumstances and not likely to do so again.
vengeance/revenge. This type of criminal totally lacks both pity and probity Other Important Contributors in Criminology
and will kill whenever opportunity arises.
1. Sir Alec John Jeffreys (in criminalistics) – fellow of the Royal Society (FRS),
Violent Criminal – lack pity and can be influenced by environment factors born 9 January 1950 at Oxford in Oxfordshire is a British Geneticist, who
such as the consumption of alcohol or the fact that criminality is endemic to developed techniques for DNA fingerprinting and DNA profiling.
criminal’s particular population.
2. Alphonse Bertillon – was a French law enforcement officer and Biometrics
Deficient Criminal – refers to a person who commits crime against property researcher, who created anthropometry, an identification system based on
like theft and robbers. physical measurements. Anthropometry was the first scientific system police
Lascivious Criminal – refers to a person who commits crime against chastity used to identify criminals.
like acts of lasciviousness, seduction, adultery and the like.
Just like Lombroso and Ferri, Raffaele Garofalo rejected the doctrine of SOCIOLOGICAL POSITIVISM
free will and supported the position that the only way to understand crime
was to study it by scientific methods. Influenced by Lombroso’s theory of Auguste Comte (1798-1857)
atavistic stigmata, which he found to have many shortcomings, he traced the
He applied scientific methods in the study of society, from where he
roots of many criminal behavior, not to physical features, but to their
adopted the word sociology. He wanted a society in which all social problems
psychological equivalents, which he called “moral anomalies.” According to
will be solved by scientific methods and research. He believed that large
this theory, natural crimes are found in all human societies, regardless of the
groups of people such as society, being a subject of scientific study, can lead to
view of lawmakers, and no society can disregard that.
the discovery of specific laws that would greatly help them.
Adolphe Quetelet – Belgian Mathematician and Andre Michel Guerry –
French Lawyer
They started the Cartographical School of Criminology in which they
work independently on the relation of crime statistics to such factors as
poverty, age, sex, race, climate, and other demographical factors. Both
scholars concluded that society, not the decisions of individual offenders, was
responsible for criminal behavior.
Gabriel Tarde
Tarde’s major contribution in the study of cause of crime as his concept of the
criminal as a professional type. He believed that most criminals went through
a process of training before finally becoming criminal. Moreover, it was an
accident of birth or chance that put them in an atmosphere of crime.
Emile Durkheim
Criminal Etiology
According to Durkheim, crime is an inevitable aspect of society. It could
disappear only if all members of society had the same values, and such Criminal etiology, in simpler terms, is a study of causes of crimes. This
standardization is neither possible nor desirable. He called this concept as chapter discusses the different explanations to criminality. They include the
ANOMIE (Greek, anomos, without norms), a breakdown of social order as a various theories (classical or modern) and factors (biological, psychological,
result of a loss of standards and values. psychiatric, sociological, geographical, and criminogenic) that account for
criminal behavior of man.
Chicago School
The Chicago School arose in the early twentieth century, through the work of
Robert Park, Ernest Burgess, and other urban sociologist at the University of Earlier explanations of the existence of criminality
Chicago.
● Crime is caused by demon (Paganism Era). Men violate social
In the 1920’s, Park and Burgess identified five concentric zones that often
exist as cities grow, including the “zone in transition” which as identified as norms and religious practices because they are possessed by demons
the most volatile and subject to disorder. In the 1940’s, Henry McKay and or evil spirits.
Clifford Shaw focused on juvenile delinquents, finding that they were
concentrated in the zone of transition. ● Crime is caused by devil will. Men manifest criminal behavior
because they are sinful. God is the offended party when they commit
crimes, and the punishment is in the form of plagues, earthquakes, or
other forms of desolation. This was, God’s anger is lessened.
● Early biological theories viewed that structure determines function
that is, individuals behave differently because of the fundamental fact
● Crime is a matter of personal offense and retribution. (Ancient that they are somehow structurally different. It focus strongly on
Word, Early Greek Law). The earliest form of punishment was inherited characteristics.
private revenge, in which the victim or victim’s kin retaliated for
injury and the community did not interfere. This often resulted in
● Modern biological theories examine the entire range of biological
vendetta or blood feuds that could continue for many years until one
or the other family was completely wipe out. The earliest broad laws characteristics, including those that result from genetic defects (and
reflected of the retribution system are those found in the Babylonian thus are not inherited) and those that are environmentally induced.
Code of Hammurabi (1790 B.C.). These laws were based on “an eye
for an eye, a tooth for a tooth” concept of retribution. However, the
exacting for a penalty corresponding to the offense was observed only Biological Explanations of Criminality
when the victim was the upper or freeman group. And when a
The biological explanations of criminality assume that individuals vary
freeman offended a slave (serf), he might make justice by a small
in behavior because of their biological structural differences. These structural
payment of money. Slaves had no legal rights.
differences may be the result of chromosomes, genes, chemistry, hormones, or
even body type. The biological theories suppose that something is happening
inside the person, often beyond his control to cause criminal behavior, and
that criminals may be born, not made.
● Crime is equal to sin. (Middle Ages). Crimes and sins were treated
as the same substances and nature. The state claimed that it was
acting in the place of God when it inflicted horrible punishments such 1. HEREDITY AND CRIMES
as ostracism, stoning, exile from the community, burning, Early biological theorists believed that criminality was an inherited
decapitation, and capital punishment. trait passed on the genes. Although this view las long lost popularity, many
modern criminologists are still interested in the role of genetics.
Biological Theory The methods employed to test the proposition that criminality was
Biological explanations of crime assume that some people are ‗born inherited are the following:
criminals‘, who are physiologically distinct from non-criminals. According to
biological positivists the basic cause of crime is biological inferiority, which is ● FAMILY STUDIES
indicated by physical or genetic characteristics that distinguish criminals from
non-criminals. Biological theorists also advocate brain surgery, chemical Some studies were conducted to prove that children of
treatment, improved diets, and better mother and child care. criminal parents are more likely to become law violators that children
of conventional parents. They are as follows:
Early Biological Theories vs. Modern Biological Theories
The Study of the Juke Family (Richard Dugdale) Studies of XYY males tend to show that supermales:
The Juke Family consisted of 6 girls, some of whom were illegitimate. One of
● Are taller than the average male, often standing 6’1 or more.
them, Ada Juke, was known as “The Mother of Criminals.” Dugdale traced the
1,200 descendants for 75 years and found 280 paupers, 60 thieves, 7 ● Suffer from acne or skin disorders.
murderers, 40 other criminals, 40 with sexual diseases, 300 infants premature
born, 50 prostitutes, and 30 who were prosecuted for bastardy. ● Are of less than average intelligence.
The Study of the Kallikak Family (Henry Goddard) ● Are overrepresented in prisons and mental hospitals.
Martin Kallikak was an American Revolutionary was soldier. While stationed ● Come from families with less history of crime or mental illness.
in small village, he met a feeble-minded girl and had illicit relations with her.
About 489 descendants from this lineage were traced which included 143
3. PHYSIOGNOMY
feeble-minded and 46 normal. Thirty-six were illegitimate, 3 epileptics, 3
- Physiognomy is the study of facial features of a person in
criminals, 8 kept brothels, and 82 died in infancy.
relation to his criminal behavior.
The Study of Sir Jonathan Edward’s Family 4. PHRENOLOGY OR CRANIOLOGY (Franz Joseph Gall)
- Phrenology or Craniology is the study of external formation
Sir Jonathan Edwards was a famous preacher during the colonial period.
of the skull indicating the conformation of the brain and the
When his family tree was traced, none of the descendants was found to be
development of its various parts in relation to the behavior of the
criminal. Rather, many become presidents of the United States, governors,
criminal.
members of the Supreme Court, famous writers, preachers, and teachers.
5. PHYSIOLOGY OR SOMATOTYPE
- Physiology or Somatotype refers to the study of the body
2. THE XYY “SUPERMALE” STUDIES build of a person in relation to this temperament and personality and
The role of chromosomes in crime causation has been analyzed in the type of offense he most prone to commit.
recent studies in human genetics. The first well-known study of this type was
undertaken by Patricia A. Jacobs, a British researcher who examined 197 ⮚ Ernest Kretschmer studied the different body types and
Scottish prisoners for chromosomal abnormalities through a relatively simple
presented the relationship between physique and mental
blood test known as karyotyping. Twelve (12) of the group displayed
illness. He classified the body build into four distinct types:
chromosomes which were unusual, and 7 were found to have an XYY
chromosome. ● Asthenic Type – this person is skinny, with ribs
XY Chromosomes is Normal for Males easily counted and slender body type. This type
usually commits crime known as petty theft and
XX Chromosomes is Normal for Females fraud.
relaxed and comfortable disposition.
● Athletic Type – this person bas broad shoulders,
powerful legs and muscular body type. This type b. Mesomorphy – athletic type, predominance of muscle,
usually commits with violent crimes. bone and connective tissue, normally heavy, hard and
● Pyknic Type – this person is stout, has short stubby firm, sting and tough. They are the people who are
hands and with round body. This type usually routinely active and aggressive, and they are the most
commits deception, fraud and violence. likely to commit crimes.
● Dysplastic or Mixed Type – the person has a body c. Ectomorphy – thin physique, flat chest, delicacy
type that is less clearly evident having any through the body, slender, poorly muscled. They tend
predominant type (unclassifiable). Any person with to look more fatigue and withdrawn.
this body usually commits an offense against decency
and morality. 6. PHYSICAL DEFECTS AND CRIMES
- Leaders of notorious criminal groups are usually nicknamed,
in accordance with their physical defects or handicaps, such funny
names as “Dorong Pilay,” “Asiong Bingot,” “Densiong Unano,” and
⮚ Somatotype Theory by William Sheldon
others. These physical defects were usually source of irritation during
William H. Sheldon (1898-1977) – Sheldon is an influence their childhood days whenever they were the subject of mockery of
of the Somatotype School of Criminology, which related body others. As a result, they develop inferiority complex. Consequently,
built to behavior. He became popular of his own Somatotyping they have poor social relationship and serious emotional disturbances.
Theory. His key ideas are concentrated on the principle of They lack competitiveness occupationally and socially, and they
―Survival of the Fittest‖ as a behavioral science. He combines become frequently irritated to people. This makes them resort to
the biological and psychological explanation to understand violent criminal behavior.
deviant behavior. Sheldon‘s ―Somatotyping Theory‖
maintains the belief of inheritance as the primary
determinants of behavior and the physique is reliable PSYCHOLOGICAL THEORIES
indicator of personality.
Psychological Theory. A general perspective that looks to the
psychological functioning, development, and adjustment of an individual in
explaining criminal or deviant acts. Under this approach, the criminal act itself
is important only in that it highlights an underlying mental issue.
He believes that people develop in a series of stages. When impulses, which must be controlled and shaped for social adaptation
abnormalities occur, the person is more likely to experience conflict. Conflict to life in society.
arises from the person’s basic drive and social controls. Because conflict is ● -It is the original system of personality present at birth. It consists of
painful to confront, people tend to push into their unconscious mind, thus, blind unreasoning, instinctual desires and motives. Selfishness,
experience that produce conflict. Finally, people use defense mechanisms to violence and anti-social wishes are part of the original instinct of man.
handle personal conflicts.
● One of the three components of Freudian personality development.
Freudian. This view of behavior focuses on early childhood development. It
The id contains basic instincts and drives, such as the need for food,
claims that criminal activity is the result of a conflict between the id, ego, and
water, sex, and pleasure.
superego, which can be traced back to a conflict in early childhood.
THE EGO
The four main elements in Freud’s Theory are as follows:
● It is the conscious and rational part of the mind, and it usually grows
● Human nature is inherently anti-social. Every child possesses a set from the ID.
of primitive anti-social instincts that he called the ID.
● It is part of the personality that must deal with conflicting demands of
● Good behavior comes thru effective socialization. Thru socialization, the ID and SUPEREGO.
the child learns internal control. ● It also represents problem-solving dimensions of the personality.
● The life-long features of the human personality originate in early
● It deals with reality because it can differentiate reality from fantasy.
childhood. By the age of 5, all of the essential features of the child’s
adult personality have been developed. ● Decisions are reached in terms of REALITY PRINCIPLE.
● Delinquent behavior is the result of a defective superego.
Key Concept
Anomie was coined by the French sociologist Durkheim, and first applied to
French society to examine rates of suicide. The concept of anomie was first
used in this country by Merton, in an effort to describe adaptations in
behavior and the interaction between legitimate and illegitimate means.
CONFLICT THEORY
Conflict Theory. The view that society is divided into two or more groups with
competing ideas and values. The group(s) with the most power makes the
laws and controls society. Groups lacking the formal power to make the rules
still maintain their own group norms, and continue in their behavior, which is
now viewed as criminal by the larger society. This perspective explains both
law and criminal justice (why some acts are legally defined as criminal), as
well as criminal and deviant behavior (why some individuals commit acts
defined as criminal).