MODULE 5
SOCIOLOGY OF CRIMES & ETHICS WITH HUMAN RELATIONS
INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIMES
PREPARED BY:
JOHN MICHAEL DIONISIO, RCRIM, MSCJ, CSP
This particular course in the Criminology program
deals with understanding basic concepts to understand the
science of criminology its nature and primary divisions. This also
deals with one of the most important topics under this course
which understands the different causes, origin and factors that
may brought criminality and criminal behavior. This course also
deals with explaining the various types of crimes and criminals.
DEFINITION OF CRIMINOLOGY
- A body of knowledge concerning crimes, criminals and the
efforts of society to prevent and repress them.
- According to Edwin H. Sutherland, “criminology is the
entire body of knowledge regarding crime as a social
phenomenon. It includes within its scope the process of
making of laws, of breaking of laws, and the society’s
reaction towards the breaking of laws.”
- Criminology refers to the scientific study of crimes,
criminals, and victims, it also deals with the prevention, and
solution of crimes (RA 11131)
- The systematic study of the causes of crime in relation to
man and society who set and define rules and regulations
for himself and others to govern
OTHER DEFINITIONS
- Criminology discovers the etiology (origin), extent, and
nature of crime in society. Criminologists are concerned
with identifying the nature, extent, and cause of crime.
- Criminology is an interdisciplinary discipline that gathers
and analyzes data on various aspects of criminal,
delinquent, and general anti-social behavior.
SOCIOLOGICAL CRIMINOLOGY – the study of crime focused
on the group of people and society as a whole. It is primarily
based on the examination of the relationship of demographic
and group variables to crime. Variables such as socioeconomic
status, interpersonal relationships, age, race, gender, and
cultural groups of people are probed in relation to the
environmental factors that are most conducive to criminal
action, such as time, place, and circumstances surrounding the
crime.
WHO IS EDWIN SUTHERLAND?
✓ Author of the “Differential Association Theory
Note: DAT proposed that criminal behavior is a product of
learning process through socialization with other people
that possess criminal behavior.
✓ Coined the phrase “White Collar Crime”
Note: WCC – these are crimes which are committed by
people belonging to higher social or economic status.
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Sometimes called as economic crime, financial crime or
crime of the upper-world.
✓ Comprehensively defined “Criminology”
✓ Considered as the Dean of Modern Criminology
✓ Father or Pioneer of American Criminology
Edwin Sutherland is clear on explaining that criminology
focuses on studying crime as something or an event that could
be considered as a social phenomenon or something that can
happen in a repetitive manner. Sutherland also pointed that
criminology not only deals with understanding that nature of
criminal laws that exist in our society but also with understanding
the reasons why people despite of existing laws still break and
violate laws. Finally, Sutherland suggested in his definition of
criminology that this study must also give attention to the proper
punishment or penalty to prevent and repress crime and criminal
behavior.
WHO ARE CRIMINOLOGISTS?
- Any person who is a graduate of the Degree of Criminology,
who has passed the examination for criminologists and is
registered as such by the Board of Examiners of the
Professional Regulation Commission (PRC) (RA 6506).
- Registered criminologist refers to a natural person who
holds a valid certificate of registration and an updated
professional identification card as criminologist issued by
the Board and the Commission pursuant to this Act (RA
11131).
ORIGIN OF THE WORD “CRIMINOLOGY”
- Etymologically, the term criminology originated from the
LATIN word “crimen” meaning crime and Greek word
“Logos” which means “to study”.
- In 1885, RAFAEL GAROFALO, an Italian Law Professor
invented the term criminologia.
- In 1889, PAUL TOPINARD, French Anthropologist,
exploited the word criminology in French criminologie for
the first time
THE THREE (3) PRINCIPAL DIVISIONS OF CRIMINOLOGY
(S-E-P)
1. ETIOLOGY OF CRIMES (CRIMINAL ETIOLOGY) – the
scientific study of the causes of crimes and the criminal
behavior. This deals with the determination of different
origins, causes and factors that may bring crime and
criminal behavior.
ETIOLOGY – means origin, root cause
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2. PENOLOGY (PENAL SCIENCE) – the study of the control
of delinquencies and crime and the rehabilitation of
lawbreakers. This also refers to the process of crime
prevention through the infliction of fear of punishment.
Note: Penology came from two (2) Latin words, Poena and
Poenalis which means pain or suffering and punishment
respectively.
3. SOCIOLOGY OF LAW – refers to the examination of the
nature of criminal law and its administration. Also deals with
the different laws and its function to a society.
Some other authors suggest that CRIMINALISTICS is another
branch of division or branch of criminology.
CRIMINALISTICS - the sum total application of entire science
in crime detection. That profession and scientific discipline
directed to the recognition, identification, individualization, and
evaluation of physical evidence by application of the physical
and natural sciences to law-sciences matters
CRIMINALIST – An individual who is trained in science of
application of instruments and methods to the detection of crime
IS CRIMINOLOGY A SCIENCE OR NOT?
Conferring to GEORGE WILKER, criminology cannot
turn into a science since it has NOT YET ACHIEVED
UNIVERSAL OR WORLDWIDE VALIDITY. EDWIN H.
SUTHERLAND, the Dean of Modern Criminology, hoped that it
will become a science in the future since the causes of crimes
are almost the same which may be biological, environmental or
combination of the two.
GEORGE L. WILKER – A criminologist who in his manuscript
“The Scientific Adequacy of Criminological Concept” argued that
criminology cannot possibly become a science.
Accordingly, general proposition of universal validity is the
essence of science
Note: Universality means that a science must be valid and
uniform worldwide. Just for instance, biology, psychology,
physiology, chemistry, mathematics etc. are generally the same
worldwide but not on about crime. Laws are different in different
countries. Those punishable in the Philippines may not be
punishable in other countries vice versa. But Sutherland, stated
that law may be different but the causes of criminal behavior are
similar which could be sociological, biological or psychological
or maybe economic.
NATURE / CHARACTERISTICS OF CRIMINOLOGY (SAND)
1. It is a SOCIAL SCIENCE since it studies crime as a social
phenomenon. Crime is a social problem which has a great
impact to society. Inasmuch as crime is a societal creation
and that it exists in a society, its study must be considered
a part of social science.
2. It is an APPLIED SCIENCE for the reason that criminology
as a body of knowledge has already established universally
accepted principles and concepts and these are used by
other field of study. Anthropology, psychology, sociology
and other natural sciences may be applied in the study of
the causes of crime while chemistry, medicine, physics,
mathematics, etc. maybe utilized in crime detection
(INSTRUMENTATION).
3. It is NATIONALISTIC because the study of criminology
takes into consideration the past, the culture and the social
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norms and the laws of the country. Each country has its own
set of laws and crimes are defined by the laws of the
country (TERRITORIALITY).
4. It is DYNAMIC because the ideas of criminology and their
applications adapt to the changing time. Criminology
changes as social condition changes. That means the
progress of criminology is concordant with the
advancement of other sciences that have been applied to
it.
SCOPE AND BREADTH OF THE STUDY OF CRIMINOLOGY
1. Study of the commencement and development of criminal
law
2. Study of the origins of crimes and development of criminals
3. Study of the other sciences that examine criminal behavior
using scientific methods such as:
a. CRIMINAL DEMOGRAPHY – the study of the connection
between criminality and population. There is a hypothesis
that as population increase, number of crimes may also
increase.
Nota bene: RAWSON W. RAWSON - utilized crime
statistics to suggest a link between population density
and crime rates with crowded cities creating an
environment conducive for crime.
b. CRIMINAL EPIDEMIOLOGY – the study of the correlation
between environment or milieu and criminality. This is in
connection with the notion that the more disorganized an
environment we have, the more crime it may occur.
Note: HENRY MAYHEW - used empirical methods and an
ethnographic method to address social questions and
poverty.
c. CRIMINAL ECOLOGY – the study of law-breaking in
relation to the spatial distribution in a community. This
particular science blames the rapid increase on community
or societal congestion in terms of number of houses that
causes lessening of spaces that probably can be a source
of criminality.
d. CRIMINAL PHYSICAL ANTHROPOLOGY – the study of
criminality in relation to physical structure of men. Later on
this course, we will discuss somatology, physiognomy,
phrenology etc. that mainly view crime as a product of
physical or biological defects and disfigurements.
e. CRIMINAL POLITICS- A science consisting of principles
with which the Government organizes its fight against
criminality. The bases are knowledge of criminal law, of
criminality, penalties and other measures of social defense.
f. CRIMINAL PSYCHIATRY – the study of human mind in
relation to delinquency and criminality
g. CRIMINAL PSYCHOLOGY – the study of human behavior
in relation to criminality
h. CRIMINOLOGICAL RESEARCH — study of crime
associated with antecedent variables, state of crime trend
i. FORENSIC CHEMISTRY- The application of chemical
doctrines in the solution of problems that arise in
connection with the administration of justice.
j. FORENSIC MEDICINE- Object is to place medical
knowledge at the disposal of the administration of justice,
mutually civil and criminal.
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k. VICTIMOLOGY – the study of the role of the victim in the
commission of a crime
THEORIES OF VICTIMOLOGY
1. VICTIM PRECIPITATION THEORY - some people may
actually initiate the conflict that eventually leads to their
injury or death.
2. LIFESTYLE THEORIES
3. ROUTINE ACTIVITIES THEORY
BENJAMIN MENDELSOHN – often referred to as the 'FATHER
OF VICTIMOLOGY'. His major contributions were arguably the
term 'general victimology' and a typology of crime victims.
TYPES OF VICTIMS
1. WANTON TYPE - victim who is particularly vulnerable to
stresses that occur at a given period of time in the life
cycle, such as juvenile victims
2. DEPRESSIVE TYPE - is considered an easy, unsuspecting
careless type.
3. GREEDY TYPE - is often duped due by their motivation for
gain.
4. WANTON TYPE - is vulnerable to stresses such as juvenile
victims.
5. TORMENTOR - is the victim of attack such as the battered
women.
WHY MUST MEMEBERS OF SOCIETY INTERESTED IN
CRIME?
1. CRIME IS PERVASIVE – nearly all participants of a free
society are once upon a time a victim of an offender of a
criminal act. Criminal as an associate of society affects
almost all people regardless of age, sex, race, nationality,
religion, financial condition, education and other personal
circumstances.
2. CRIME IS EXPENSIVE – the government and private
sector use an enormous amount of currency for crime
detection, prosecution correction and prevention. Those
expenses are either:
3. CRIME IS DESTRUCTIVE – many lives has been vanished
because of crimes like murder, homicide and other violent
deaths. Properties has been lost or devastated on account
of robbery, theft and arson.
4. CRIME IS REFLECTIVE – crime rate or incidence in a
given locality is reflecting of the efficiency of the social
defenses employed by the people-primarily that of the
police system.
5. CRIME IS PROGRESSIVE – the progressive upsurge in
the volume of crime is on account of the ever-increasing
population. The ever-increasing crime rate and their
technique show the progress thinking of the society for
advancement.
SCHOOLS OF THOUGHT IN CRIMINOLOGY
✓ SCHOOL OF THOUGHT – strategies for organizing
fundamentally differing views of human nature and relating
them to issues surrounding crime and its control. Refers to
a collection of beliefs or ideas that support a specific theory.
✓ THEORY – set of declarations devised to explain behavior,
events or phenomenon, especially one that has been
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repeatedly tested and widely accepted but not been totally
proven.
THREE (3) TYPES OF EXPLANATIONS TO THE
EXISTENCE OF CRIMINAL BEHAVIOR (S-E-M-I)
1. SINGLE/UNITARY THEORY – contends that crime is
produced by one factor. It may be biological, sociological,
or psychological.
2. MULTIPLE FACTOR THEORY – vies that crime is not a
product of a single cause or factor but a combination of
several factors.
3. ECLECTIC THEORY – That crime stemmed by one or
more factors while in other instances it is caused by
another set of factors.
4. INTEGRATED THEORY – A theory that combines two or
more theories to generate a single model or framework.
PRIMARY SCHOOLS OF THOUGHT IN CRIMINOLOGY
I. CLASSICAL SCHOOL OF CRIMINOLOGY
F – Freewill is absolute
RE – Retribution as a form of punishment
D – Deterrence is the purpose of punishment
The classical school of criminology grew out of a
reaction against the ferocious system of law, punishment and
justice that existed. There was no factual system of criminal
justice in Europe at that time. Some crimes were specified,
some were not. Judges had unrestricted power to convict a
person for an act not even legally defined as criminal.
This school of thought is based on the theory that
individuals CHOOSE TO COMMIT CRIMES AFTER
WEIGHING THE CONSEQUENCES OF THEIR ACTIONS.
According to classical criminologists, individuals have free will.
They can choose legal or illegal means to get what they want,
fear of penalty can discourage them from committing crime and
society can control behavior by making the pain of punishment
greater than the pleasure of the criminal gains.
This theory, however, does not give any difference
between an adult and a minor or a mentally-handicapped in as
far as free will is concerned. Originators of classical school of
criminology are Cesare Beccaria and Jeremy Bentham.
Note: Classical school of thought assumes that freewill is
“ABSOLUTE” which means that the proponents of this school
believe that freewill, self-rule or autonomy is something that ALL
PEOPLE possess. As an effect, ALL criminals must be punished
commensurate with the severity of crime they committed.
Finally, classical school only focuses on the ACT rather than the
ACTOR. Each specific ACT has a corresponding PENALTY.
CESARE BECCARIA
(Cesare Bonesana Marchese di Beccaria) (1738-1794)
- Best recognized for his essay, “On Crimes and
Punishment” which presented key ideas on the
abolition of torture as legitimate means of extracting
confession.
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- His book contains nearly all modern penal reforms but
its greatest contribution was the foundation it laid for
subsequent changes in criminal legislation
- his book was significant in the reforms of penal code in
France, Russia, Prussia and it influenced the first ten
amendments to the US Constitution
Beccaria believed that:
a. People want to attain pleasure and avoid pain.
b. Crime delivers some pleasure to the criminal.
c. To deter crime, he believed that one must direct pain in an
appropriate amount to counterbalance the pleasure obtain
from crime. This is the same with the commensurate
juridical condition of penalty that punishment must be
based on the severity of crime.
d. Well-known in sayings “Let the punishment fit the crime”
or the idea that punishment shall be commensurate with
the crime committed.
HIGHLIGHTS OF CESARE BECCARIA’S IDEAS
REGARDING CRIMES AND THE CRIMINAL JUSTICE
SYSTEM
1. In founding a human society, men and women sacrifice a
portion of their liberty so as to enjoy peace and security.
2. Punishments that go afar the need of preserving the public
safety are in their nature unjust. It means that penalty must
be balanced and just.
3. Criminal laws must essentially be clear and certain. Judges
must make even judgments in similar crimes. (estare
decisis). This is true in the Philippine setting that judges
are basing their decisions according to existing
jurisprudence which means that same cases with the same
circumstances must be given the same treatment or
judgment.
4. The law must stipulate the degree of evidence that will
justify the detention of an accused offender prior to his trial.
(proof beyond reasonable doubt)
5. Allegations must be public. False accusations should be
severely punished.
6. To torture accused offenders to obtain a confession is
unacceptable as evidence. This is true in the Philippine
setting in which the congress passed the Anti-Torture Law
or RA 9475.
7. The promptitude of penalty is one of the most effective
curbs on crime. (certainty)
8. The purpose of punishment can only be to avert the criminal
from committing new crimes against his countrymen, and
to keep others from doing likewise. Punishments,
therefore, and the method of inflicting them, should be
chosen in due proportion to the crime, so as to make the
most lasting impression on the minds of men. (deterrence)
9. Capital punishment is inefficacious and its place should be
replaced life imprisonment. (abolition of death penalty)
10. It is better to inhibit crimes than to punish them. That is the
chief purpose of all good legislation. In connection to this,
Sir Robert Peel, the founder of the Metropolitan Police
Force of London, stated that it is much easy to fix a wall
with a crack than a wall which already fallen.
JEREMY BENTHAM (1748-1832)
- His support to classical school of criminology is the concept
of utilitarianism and the felicific calculus.
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- Suggested “Utilitarian Hedonism” which explains that
person always acts in such a way to seek pleasure and
avoid pain.
- originated the concept of UTILITARIANISM which
assumes that all our actions are calculated in accordance
with their likelihood of bringing pleasure and pain.
- invented the pseudo-mathematical formula called “felicific
calculus” which states that individuals are human
calculators who put all the factors into an equation in order
to decide whether a particular crime is worth committing or
not
- he reasoned that in order to discourage individuals from
committing crimes, the punishment, or pain, must be
greater than the satisfaction, or pleasure, he would gain
from committing the crime
UTILITARIANISM – a viewpoint which argues that what is right
is the one that would cause the greatest good for the greatest
number of people.
- Others denote to it as the greatest happiness principle or
the principle of utility.
- From this principle, Bentham conveyed the “felicific
calculus”.
FELICIFIC CALCULUS or the pleasure-and-pain principle – is
a theory that suggests that individuals calculate the
consequences of his actions by weighing the pleasure (gain)
and the pain (suffering) he would derive from doing the action.
It is an IMAGINARY MATHEMATICAL FORMULA used by a
person that allows him to calculate the level of pain and pleasure
before he act or decide.
MODERN OUTGROWTHS OF CLASSICAL SCHOOL
Rational Choice Theory, Routine Activities Theory, General
Deterrence Theory, Specific Deterrence, Incapacitation
DETERRENCE -- the prevention of a certain act or acts (such
as a crime) through fear of punishment.
A. GENERAL DETERRENCE - A crime control policy that
hinge on on the fear of criminal penalties. General
deterrence measures, such as long prison sentences for
violent crimes, are aimed at convincing the potential law
violator that the pains associated with crime outweigh its
benefits.
B. SPECIFIC DETERRENCE - A crime control policy
proposing that punishment be severe enough to convince
convicted offenders never to repeat their criminal
activity.
THREE (3) CHARACTERISTICS OF AN EFECTIVE
DETTERENT (CE- SE – CE)
1. CELERITY OR SWIFTNESS -- the rapidity with which
punishment follows a crime
2. SEVERITY -- the complexity or unpleasantness of a
sanction
3. CERTAINTY -- the likelihood that a crime will be
detected and punished
C. RATIONALE CHOICE - The view that crime is a purpose
of a decision-making process in which the potential
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 offender weighs the potential costs and benefits of an
illegal act.
ROUTINE ACTIVITIES THEORY (PMO-AST-ACP) - This
theory believes that crime is a creation of three (3)
interdependent and interconnected elements such as presence
of motivated offender (desire), availability of suitable
targets & absence of motivated offender.
3 ELEMENTS OF CRIME ACCORDING TO RAT
1. Presence of motivated offender – means that there must be
a person who are decided and intend to commit a crime.
2. Availability of suitable targets – means that there must be a
presence of a would-be victim that can be victimized by the
motivated offender.
3. Absence of capable guardian – means that a crime to be
present, there must be an absence of societal control units
such as police officers, guards, barrio policemen, parents
and even watchful guardians.
II. NEOCLASSICAL SCHOOL OF CRIMINOLOGY
Also known as the improved Classical School and this
theory modified the doctrine of free will by stating that free
will of men may be affected by other factors and crime is
committed due to some convincing reasons that prevail. These
causes are pathology, incompetence, insanity or any condition
that will make it impossible for the individual to exercise free will
entirely. In the study of legal provisions, this is termed as either
mitigating or exempting circumstances.
III. POSITIVIST / ITALIAN SCHOOL OF CRIMINOLOGY
- The term “POSITIVISM”, refers to a way of analysis based
on the collection of observable scientific facts.
- Positivists consider that causes of behavior can be
measured and observed.
- It demands for facts and scientific proof, thus, changing the
study of crimes and criminals into SCIENTIFIC METHOD
such as biology, psychology, sociology etc.
- It was called as the ITALIAN school due to the fact the its
members are mostly Italians such as Lombroso, Garofalo
and Ferri.
- Positive theorists were the first to claim the importance of
looking at individual difference among offenders. These
theorists who concentrated on the individual structures of a
person, stated that people are passive and controlled,
whose behaviors are imposed upon them by biological and
environmental factors.
Note: Positivist focuses on the ACTOR rather than the act. It
means that positivists believe in the principle that “Let the
punishment fit the crime and not on the criminal”.
MODERN OUTGROWTHS OF POSITIVISM
Biosocial and Psychological Theory, Cognitive Theory,
Behavioral Theory, Evolutionary Theory, Arousal Theory
BIOSOCIAL CRIMINOLOGY - Biosocial criminology is best
agreed as a general paradigm of research that analyzes all
factors related to the etiology of antisocial behavior, meaning
that genetic influences, biological influences such as hormone
levels, and neurological factors are considered in combination
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with environmental influences like socialization, exposure to
poverty, and external sources of control. It encompasses many
perspectives that seek to explain the relationships between
human behavior and genes, evolution, neurobiology, and more.
AUGUST COMTE - was a French philosopher and sociologist
and is believed to be the one who reinvented the French term
sociologie.
- He was renowned as the “Father of Sociology and
Positivism”.
DETERMINISM - States that there are prevailing situations or
circumstances that interferes in the decision or action of man,
thus, he is forced to commit crime, even without intention of
doing it.
HOLY THREE IN CRIMINOLOGY (GARO-FE-LO)
1. RAFAELLE GAROFALO
2. ENRICO FERRI
3. CESARE LOMBROSO
EZCHIA MARCO “CESARE” LOMBROSO
A medical doctor who made wide-ranging research
in physical characteristics of criminals, political crimes and
revolutions and associations between the criminal and
anthropology.
- Acknowledged as the “Father of Modern and
Empirical Criminology” due to his application of
modern scientific methods to trace criminal behavior,
however, most of his ideas are now discredited
- Known for the concept of atavistic stigmata (the
physical features of creatures at an earlier stage of
development).
- inspired by Charles Darwin’s theory of evolution.
- He appealed that criminals are distinguishable from non-
criminals due to the presence of atavistic stigmata and crimes
committed by those who are born with certain recognizable
heredity traits.
- conferring to his theory, criminals are usually in possession of
huge jaws and strong canine teeth, the arm span of criminals is
often greater than their height, just like that of apes who use
their forearms to push themselves along the ground.
- other physical stigmata include aberration in head size and
shape, asymmetry of the face, excessive dimensions of the jaw
and cheekbones, eye defects and peculiarities, ears of unusual
size, nose twisted, upturned or flattened in thieves, or aquiline
or beaklike in murderers, fleshy lips, swollen and protruding, and
pouches in the cheek like those of animal’s toes
- Lombroso’s work maintained the idea that the criminal was a
biologically and physically inferior person
ATAVISM - The return of a trait or reappearance of previous
behavior after a period of absence.
ATAVISTIC ANOMALY – physically, their resemblances on the
evolutionary scale to more primitive times, where people were
savages.
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- according to him, there are FOUR (4) classes of criminals:
a. INSANE CRIMINALS – those who turn out to be criminals
because of some brain defect (psychological problems)
which affected their ability to understand and differentiate
what is right from what is wrong. In criminal typology, this is
called as neurotic criminals.
b. CRIMINALOIDS - those with makeup of a vague group that
includes habitual criminals, criminals by passion and other
diverse types. This is sometimes called as acute criminals
under criminal typology.
c. PSEUDO-CRIMINALS - those criminals that committed a
felonious act due to self-defense.
d. BORN CRIMINALS – personalities with at least five (5)
atavistic stigmata (ape-like)
ENRICO FERRI
- He focused his study on the effects of psychological
factors and sociological factors such as economics and
politics, on crimes.
- He thought that criminals could not be held morally
responsible because they did not choose to commit crimes,
but rather were driven to commit crimes by conditions in
their lives.
- Advocated the “Theory of Imputability and the Denial of
the Free Will” in 1878.
He emphasized factors such as:
1. Physical factors, including geographical, climate,
temperature, etc.
2. The anthropological factors including psychological factors
3. The social factors, including economics and political factors
as well as age, sex, education, religion.
RAFFAELLE GAROFALLO
- He treated the roots of the criminals’ conduct not to physical
features but to their psychological equivalent, which he
referred to as moral anomalies.
- He rejected the doctrine of freewill.
- Classified criminals as:
1. MURDERERS – motivated by revenge
2. VIOLENT CRIMINALS – committed violent crimes
3. DEFICIENT CRIMINALS – committed crimes against
properties
4. LASCIVIOUS CRIMINALS – committed crimes against
chastity and other sexual crimes.
THEORIES OF CRIME CAUSATION
I. EARLIEST THEORY OF CRIME CAUSATION
a. SPIRITUAL SCHOOL - based on determinism; human
behavior is determined by God or demons or Satan.
Note: DEMONOLOGICAL THEORY - States that individuals
commit crime because they are possessed by evil spirits.
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b. TRIAL BY ORDEAL - Variety of procedures
established to determine the guilt or innocence of an
accused
c. THUCYDIDES - A Greek historian who first wrote the
usefulness of death penalty
II. BIOLOGICAL THEORIES
- This refers to the set of theories that point to physical,
physiological and other natural factors as the causes for the
commission of crimes of certain individuals.
- This explanation for the existence of criminal traits
associates an individual’s evil disposition to physical
disfigurement or impairment.
A. PHYSIOGNOMY – the study of facial features /
characteristics and their relation to human behavior.
1. GIAMBIATISTA DELA PORTA - Founder of human
physiognomy. According to him criminal behavior may be
predicted based on facial features of the person.
2. JOHANN KASPAR LAVATER - A Swiss theologian,
regarded the lack of beard in man, the swirly eye or angry
eye and weak chin serve as clues to unfavorable
personality or characteristic traits of an individual.
- supported the belief of dela Porta
- he believed that a person’s character is revealed
through his facial characteristics.
B. PHRENOLOGY, CRANIOLOGY OR CRANIOSCOPY –
the study of the external formation of the skull in relation to
the person’s personality and tendencies toward criminal
behavior.
1. FRANZ JOSEPH GALL - he developed “cranioscopy”
which was later renamed as phrenology.
2. JOHANN KASPAR SPURZHEIM - An assistant of Gall
in the study of phrenology; He was the man most
responsible for popularizing and spreading phrenology
to a wide audience
3. EARNEST HOOTON (1887 - 1954)
- “Tall thin men tend to commit forgery and fraud,
- Undersized men are thieves and burglars,
- Short heavy person commit assault, rape and other
sex crimes;
- Whereas mediocre (average) physique flounder
around among other crimes.” He also contended that
criminals are originally inferior; and that crime is the
result of the impact of environment.
C. PHYSIOLOGY OR SOMATOLOGY – refers to the study of
body build of a person in relation to his temperament and
personality and the type of offense he is most prone to
commit.
1. ERNST KRETSCHMER - he distinguished three (3)
principal types of physiques: asthenic, athletic, pyknik
and dysplastic.
a. ASTHENIC – characterized as thin, small
and weak.
b. ATHLETIC – muscular and strong.
c. PYKNIC – stout, round and fat.
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 d. DYSPLASTIC – combination of two body
types
2. WILLIAM HERBERT SHELDON - formulated his own
group of somatotype: ectomorph, mesomorph and
endomorph and their corresponding temperaments.
a. ENDOMORPHIC – relatively large digestive
viscera; round body; short’ tapering limbs; bones;
smooth, velvety skin.
Temp: VISCEROTONIC – generally relax
and comfortable small person, loves luxury
and essentially extrovert.
b. MESOMORPHIC – with relative predominance of
muscles, bones and motor organs of the body
with large wrist and hands
Temp: ROMOTONIC – active, dynamic;
walks, talks and gestures assertively and
behaves aggressively
c. ECTOMORPHIC – relative pre- dominance of
skin and its appendages which includes the
nervous system; it has fragile and delicate bones;
with droopy shoulders, small face and sharp
nose, fine hair
Temp: CEREBROTONIC – introvert prone
to allergies, skin troubles, chronic fatigue,
insomnia, sensitive skin and sensitive to
noise and with relatively small body
D. HEREDITY – the transmission of traits from parents to
offspring.
KARYOTYPE STUDIES - examination and comparison of
chromosomes.
NATURE THEORY (Henry Goddard, William Healy, Augusta
Bronner) - it Argues that intelligence is largely determines
genetically, that ancestry determines I.Q., and that low
intelligence, as demonstrated by low I.Q., is linked to criminal
behavior
1. RICHARD LOUIS DUGDALE
- conducted a study of the Jukes family by researching
their family tree as far back 200 years. He discovered
that most of the ascendants of the Jukes were
criminals.
- He discovered that from among the descendants of
Margaret Ada Jukes, there were 280 paupers, 60
thieves, 7 murderers, 40 other criminals, 40 persons
with venereal diseases and 50 prostitutes
2. HENRY HERBERT GODDARD
- He traced the descendants of the Martin Kallikak from
each of his two wives and found a distinct difference
in terms of quality of lives of descendants.
- MARTIN KALLIKAK’s relationship with a feeble-
minded lady, there were 143 feeble-minded and only
46 normal, 36 were illegitimate, 3 epileptics, 3
criminals, 8 kept brothels and 82 died of infancy.
- His marriage with a woman from a good family
produced almost all normal descendants, only 2 were
alcoholics, 1 was convicted of religious offense, 15
died at infancy and no one became criminal or
epileptic.
- He coined the term “moron”.
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3. CHARLES GORING
- he believed that criminal traits can be passed from parents
to offspring through the genes.
- he proposed that individuals who possess criminal
characteristics should be prohibited from having children.
4. FRANCIS GALTON – he developed “EUGENICS” or the
science of improving a human population by controlled
breeding to increase the occurrence of desirable heritable
characteristics. Developed largely as a method of
improving the human race.
5. SCHULSINGER (1972) - found criminality in adoptive boys
to be higher when biological fathers had criminal records.
6. HUTCHINGS AND MEDNICK (1977) - studied 1, 145 male
adoptees with criminal records and found the criminality of
the biological father was a major predictor of the child’s
behavior.
7. SIR JONATHAN EDWARDS FAMILY TREE- Sir Jonathan
Edwards was a famous preacher during colonial period. His
family tree was traced, none of the descendants was found
to be criminal. Out of his pedigree many became presidents
of the United States, governor, members of Supreme Court,
famous writers, preachers and teachers.
E. BIO-CHEMICAL THEORY – Crime, especially violent, is a
function of diet, vitamin intake, hormonal imbalance, or food
allergies.
a. Katharina Dalton’s study of “Menstruation and
Crime” found that nearly half of the crimes of her
sample of female inmates had occurred during
menstruation or pre-menstruation. This is called as
“Pre-Menstrual Syndrome”.
b. In Schauss’ study comparing nutritional differences of
delinquents and non-delinquents, the surprising major
difference found was that delinquents drank more
milk.
c. Low blood sugar (HYPOGLYCEMIA) also has been
claimed to be linked to impaired brain function and
violent crime.
HYPOGLYCEMIA – a condition that occurs when the level of
blood sugar falls below an acceptable range.
III. PSYCHOLOGICAL THEORIES
Refers to the theories that attribute criminal behavior of
individuals to psychological factors, such as emotion and mental
problems. Sometimes called as psychogenic approaches.
PSYCHOLOGY – the science of behavior and mental
processes of the criminal. It is focused on the individual criminal
behavior-how it is acquired, evoked, maintained, and modified.
Both the environmental and personality influences are
considered, along with the mental processes that mediate the
behavior.
CRIMINAL PSYCHO-DYNAMICS – The study of mental
processes of criminals in action, the study of the genesis,
development and motivation of human behavior that
conflicts with accepted norms and standards of society; This
study concentrates on the study of individuals as opposed to
general studies of mass populations with respect to their general
criminal behavior.
COMMON TYPES OF INSANITY
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1. DEMENTIA PRAECOX - A collective term for mental
disorders that begin at or shortly after puberty and
usually lead to general failure of the mental faculties with
the corresponding physiological impairment. Also known as
Schizophrenia.
2. MANIC DEPRESSIVE (characterized by mania and mental
depression)
3. PARALYSIS – condition of helpless inactivity or of inability
to act.
4. SENILE – mental deterioration often accompanying old age
(Dementia and Alzheimer’s Disease).
5. ALCOHOLIC PSYCHOSIS
ALIENIST – This term is applied to a specialist in the study of
mental disorders.
HALLUCINATION – An apparent or false perception without
any corresponding external object, especially in psychiatry, any
of the numerous sensations, auditory, visual or tactile
experienced without external stimulus and cause by mental
derangement, intoxication or fever hence, maybe a sign of
approaching insanity.
DELUSION – In medical jurisprudence, a false belief about the
self-caused by morbidity, present in paranoia and dementia
praecox.
ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD)
- A psychological disorder in which a child shows
developmentally inappropriate impulsivity, hyperactivity, and
lack of attention.
CLASSES OF MENTAL DEFICIENCY
a. IDIOTS – person whose case there exist mental
defectiveness of such a degree that they are unable to
guard themselves against common physical dangers. Their
mentality is compared to a two years old person.
b. IMBECILES – persons in whose case there exist mental
defectiveness which thought not amounting to idiocy, is yet
so pronounced that they are incapable of managing
themselves or their affairs. Their mentality is like a child of
2 to 7 years old.
c. FEEBLE-MINDED PERSONS – those in whose case there
exist mental defectiveness which thought not amounting to
imbecility, is yet so pronounced that they require care,
supervision and control for their own or for the protection of
others, or in the case of children, they appear to be
permanently incapable by reason of such defectiveness or
receiving proper benefit from the intrusion in ordinary
schools.
d. MORAL DEFECTIVENESS – person wherein defect exists
coupled with strong vicious or criminal propensities, and
who require care and supervision, and control for their own
or for the protection of others.
INTELLIGENCE AS A FACTOR IN CRIMINALITY
The classic studies of the Juke and Kallikak families
were among the first to show that feeblemindedness or low-
intelligence can be inherited and transferred from one
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generation to the next. Numerous test were also conducted that
lead to the development of the use of IQ tests as a testing
procedure for offenders. The very first results seemed to
confirm that offenders had low mental abilities and they were
found to be mentally impaired.
ALFRED BINET
- a French psychologist who developed the first IQ test.
- the test measured the capacity of individual children to
perform tasks or solve problems in relation to the average
capacity of their peers.
ALBERT ADLER (1870- 1937) = founder of individual
psychology and coined the term “inferiority complex” --- people
who have feelings of inferiority and compensate for them with a
drive for superiority.
ERIK ERIKSON (1902-1984) = described the so called
“identity crisis”----a psychological state in which youth face
inner turmoil and uncertainty about life roles.
AUGUST AICHHORN - is considered to be one of the founders
of psychoanalytic education. He is remembered for his work with
juvenile delinquent and disadvantaged youth. He believed that
imposed discipline and suppression which were practiced in
traditional reformatories yielded few positive results.
SIGMUND FREUD
FATHER OF PSYCHOANALYSIS
- known for his psychoanalytic theory
- according to him, criminality is caused by the imbalance of
the three (3) components of personality: the id, the ego, and
the superego.
- according to him there are three parts of personality:
1. ID – this stands for instinctual drives; it is governed by the
“pleasure principle”; the id impulses are not social and
must be repressed or adapted so that they may become
socially acceptable
2. EGO –this is considered to be the sensible and
responsible part of an individual’s personality and is
governed by the “reality principle”; it is developed early
in life and compensates for the demands of the id by
helping the individual guide his actions to remain within the
boundaries of accepted social behavior; it is the objective,
rational part of the personality
3. SUPEREGO – serves as the moral conscience of an
individual; it is structured by what values were taught by
the parents, the school and the community, as well as
belief in God; it is largely responsible for making a person
follow the moral codes of society
PSYCHOSEXUAL STAGES OF HUMAN DEVELOPMENT
EROS - the most basic human drive present at birth (the instinct
to preserve and create life). An expressed sexually.
1. ORAL STAGE = usually during the first year of life when
the child attains pleasure by sucking and biting (Birth to
1st year).
2. ANAL STAGE = focus on the elimination of bodily
wastes during the second and third years of life (1 to 3
years old).
3. PHALLIC STAGE = during the third year when child
focus their attention on their genitals (3rd to 6th year).
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CONFLICTS BETWEEN EROTIC ATTRACTION,
RESENTMENT, RIVALRY
a. OEDIPUS COMPLEX = a stage of development when male
begin to have sexual feelings for their mother.
b. ELECTRA COMPLEX = a stage of development when girls
begin to have sexual feelings for their fathers.
4. LATENCY STAGE = No further psychosexual
development takes place during this stage (latent
means hidden). The libido is dormant and it begins at
age 6. Feelings of sexuality are expressed until the
genital stage begins at puberty; this marks the
beginning of adult sexuality (6TH year to Puberty).
5. GENITAL STAGE - This is the last stage of Freud's
psychosexual theory of personality development and
begins in puberty. It is a time of adolescent sexual
experimentation, the successful resolution of which is
settling down in a loving one-to-one relationship with
another person in our 20's. Sexual instinct is directed to
heterosexual pleasure, rather than self-pleasure like
during the phallic stage (Puberty to Adulthood).
FIXATED PERSON = exhibit behavior traits characteristics of
those encountered during infantile sexual development e.g. an
infant who does not received enough oral gratification during the
first year of life is likely as an adult engage in such oral behavior
as smoking, drinking, or drug abuse and others.
PSYCHOPATHY OR ANTI-SOCIAL PERSONALITY
- Personality that is characterized by an inability to learn
from experience, lack of warmth and no sense of guilt.
- Referred to as “manie sans delire” or madness without
confusion by the French physician Philippe Pinel
- Called as “moral insanity” by James Prichard
- Referred to “irresistible atavistic impulses” by Gina
Lombroso-Ferrero
PSYCHOPATHS
✓ Characterized by no sense of guilt,
✓ no subjective conscience,
✓ no sense of right and wrong
✓ They have difficulty in forming relationships with other
people;
✓ they cannot relate to other people.
ISAAC RAY (1807-1881) - Questioned whether people who
were morally insane could be held legally responsible for their
acts.
CYRIL BURT - gave the theory of general emotionality. An
excess of the submissive instinct account for tendency of many
criminals to be weak-willed or easily led. Fear and absconding
may be due to the impulse of fear.
IV. SOCIOLOGICAL THEORIES
SOCIOLOGY – the study of crime focused on the group of
people and society as a whole. It is primarily based on the
examination of the relationship of demographic and group
variables to crime. Variables such as socioeconomic status,
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interpersonal relationships, age, race, gender, and cultural
groups of people are probed in relation to the environmental
factors that are most conducive to criminal action, such as time,
place, and circumstances surrounding the crime.
SOCIOLOGICAL FACTORS - refer to things, places and
people with whom we come in contact with and which play a part
in determining our actions and conduct. These causes may
bring about the development of criminal behavior.
B. EMILE DURKHEIM
- he stated that crime is a normal part of the society just
like birth and death.
- proposed the concept of “anomie” or the absence of
social norms. It is characterized by disorder due to lack
of common values shared by individuals, lack of
respect for authority and lack of appreciation for what
is acceptable and not acceptable in a society.
ANOMIE (B – A – N) - is a condition in which society provides
little moral guidance to individuals. This is characterized by
breakdown of social order, absence of social norms and
normlessness.
NOTE: LOGOMACY – A statement that we would have no
crime if we had no criminal laws and that we could eliminate all
crime merely by abolishing all criminal law.
C. GABRIEL TARDE
- Introduced the theory of imitation which proposes the
process by which people become criminals.
- According to this theory, individuals imitate the
behavior of other individuals based on the degree of
their association with other individuals and it is inferior
or weak who tend to imitate the superior and strong.
SUGGESTO-IMITATIVE ASSAULTS - A term coined by
Gabriel Tarde to describe crime in terms of imitative behavior.
As part of a general theory of crime it depicts crime as socially
learned behavior which propagates through society via both the
media and interpersonal communication.
COPYCAT CRIME - A copycat crime is a criminal act that is
modeled or inspired by a previous crime that has been reported
in the media or described in fiction.
The Theory of Imitation is explained by the following
patterns:
✓ Pattern 1: individuals imitate others in proportion to the
intensity and frequency of their contact
✓ Pattern 2: inferiors imitate superiors
✓ Pattern 3: when two behavior patterns clash, one may take
place of the other
D. ADOLPHE QUETELET
- He repudiated the free will doctrine of the classicists
- founder of cartographic school of criminology.
- founder of moral statistics.
- First Scientific Criminologist
- Father of Modern Sociological and Psychological
Statistics
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 - Author of the Thermic Law of Crime (Temperature and
Crime)
“Thermic Law” Of Crime - Observed that crimes against
persons increase in warmer climates while property crimes are
most prevalent in colder climates (Fox, 1976, p. 64).
CARTOGRAPHIC SCHOOL OF CRIMINOLOGY made use of
statistical data such as population, age, gender, occupation,
religious affiliations and social economic status and studies their
influences and relationship to criminality.
THE GEOGRAPHIICAL FACTORS
1. NORTH AND SOUTH POLE – According to Quetelet
“thermic law of delinquency”, crimes against person
predominate in the South Pole and during warm season
while crimes against property predominate in the North
Pole and cold countries.
2. APPROACHES TO THE EQUATOR - According to
Montesquieu (spirit of laws. 1748). Criminality increases in
proportion as one approach the equator and drunkenness
increases the North and South Pole.
3. SEASON OF THE YEAR - Crimes against person are
more in summer than in rainy season while crime against
property are more during rainy season. Climate condition
directly affects one’s irritability and causes criminality.
During dry season, people get out of the houses more, and
there is more contact and consequently more profitability
or personal.
4. SOIL FORMATION - More crimes of violence are
recorded in fertile level lands than in hilly rugged terrain.
Here is more congestion of people and there is more
irritation. There is also more incidence of rape in level
districts.
5. MONTH OF THE YEAR - There is more incidences of
violent crimes during warm months from April up to July
having its peak in May. This is due to May festivals,
excursions, picnics and other sort of festivities wherein
people are more in contact with one another.
6. TEMPERATURE - According to Dexter, the number of
arrest increases quite regularly with the increase of
temperature. The individual of temperature affects the
emotional state of the individual and leads to fighting. The
influence of temperature upon females is greater than
upon males.
7. HUMIDITY AND ATMOSPHERE PRESSURE - According
to survey, large numbers of assaults are to be found
correlated with low humidity and a small number with high
humidity. It was explained that low and high humidity are
both vitality and emotionally depressing to the individual.
8. WIND VELOCITY – Under the same study, it was
explained that during high wind, the numbers of arrest
were less. It maybe due to the presence of more carbon in
the atmosphere that lessen the vitality of men to commit
violence.
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E. ANDRE MICHAEL GUERRY
- Founder of the Ecological or Cartographic School of
Criminology
- Viewed as the founder of the ecological or
cartographic school of criminology.
- Pioneer in comparative crime statistics.
- Focused on topography and crime mapping
F. ROBERT EZRA PARK (1864 - 1944) - He advocated the
“Human Ecology Theory”. Human Ecology is the study of
the interrelationship of people and their environment.
This theory maintains that crime is a function of social
change that occurs along with environmental change. It
also maintains that the isolation, segregation,
competition, conflict, social contract, interaction and
social hierarchy of people are the major influences of
criminal behavior and crimes.
G. CONCENTRIC ZONE THEORY - A diagram of the
ecological structure which, in the words of its author,
‘represents an ideal construction of the tendencies of any
city to expand radially from its central business district’
(Park and E. Burgess, 1925). The theory posits concentric
zones round the central area, defined by their residential
composition, moving from the very poor and socially
deviant, in the inner zone of transition, to a peripheral
suburban commuter ring.
MODERN SOCIOLOGICAL THEORIES OF CRIME
CAUSATION (CHICAGO SCHOOL)
Environmental factors such as the kind of rearing or family
upbringing, quality of teaching in school, influences of peers and
friends, conditions of the neighborhood, and economic and
other societal factors are believed to be contributory to crime
and criminal behavior.
A. SOCIAL STRUCTURE THEORIES
- Refers not only to the physical features of the communities
but also to the way society is organized.
- Include such things as level of poverty and unemployment
and the amount of crowded housing which are believed to
affect behavior and attitudes of individuals which in turn
contribute to their commission of crimes.
- also called social environment
- Includes social disorganization theory, strain theory and
cultural deviance theory.
i. SOCIAL DISORGANIZATION THEORY (O-M-U-B-I-P-U)
- Popularized by CLIFFORD SHAW AND HENRY
MCKAY.
- According to this theory, crimes in urban areas are
more prevalent because residents have impersonal
relationships with each other.
- increase in the number of broken families and single
parenthood are also very common in disorganized
communities.
- Another feature of disorganized community is poverty
as evidenced by poor living conditions such as
rundown houses, unsanitary and unsightly streets and
high unemployment rates.
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 O – Overpopulation B – Broken homes
M – Migration I – Industrialization
U – Unemployment P – Poverty
U – Urbanization
Nota Bene:
COLAJANI – A criminologist describes the direct and indirect
deficiency of the means to satisfy the numerous
necessities of man is sufficient stimulus for him to adopt
honest or criminal methods in the struggle that ensues. “To
this man delinquency is strongly influenced by socio
economic”.
ii. STRAIN THEORY
- Proposed by ROBERT KING MERTON
- Strain refers the individual’s frustration, anger and
resentment.
- Holds that crime is a function of the conflict between the
goals people have and the means they can use to legally
obtain them. This also argues that the ability to obtain these
goals is class dependent; members of the lower class are
unable to achieve these goals which come easily to those
belonging to the upper class. Consequently, they feel
anger, frustration and resentment, referred to as STRAIN.
FOUR POSSIBLE ADAPTATIONS TO STRAIN
a. INNOVATION- The innovator buys into the culturally
approved goals of society but pursues them through
unacceptable means. (+ / -)
b. RITUALISM – This describes a person who, over time,
abandon the goal of financial success. Despite this, they
continue to embrace the accepted means. (- / +)
c. RETREATISM – The retreatist is a social dropout. This type
of person will not resort to illegitimate means to achieve
widely shared goals. These individuals simply withdraw
from society.
d. REBELLION – These are individuals who opposes both
culturally dominant goals and the means to achieve these
goals. The rebel seeks to establish a new social order and
embraces a different cultural goals.
GENERAL STRAIN THEORY BY ROBERT AGNEW - the
experience of strain or stress tends to generate negative
emotions such as anger, frustration, depression, and despair.
These negative emotions, in turn, are said to create pressures
for corrective action, with crime or delinquency being one
possible response.
iii. CULTURAL DEVIANCE THEORY / (CULTURE
CONFLICT THEORY
- Popularized by THORSTEN SELLIN and
ALBERT COHEN
- gives emphasis on the concept of culture and sub-
culture.
- according to this theory, because people in the lower
class feel isolated due to extreme deprivation or
poverty, they tend to create a sub-culture with its own
set of rules and values. This is characterized by
deviant behavior which results in criminal behavior
among its members.
CULTURAL CONFLICT – this is a clash between societies
because of contrary beliefs or substantial variance in their
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respective customs, language, institutions, habits, learning
traditions.
CULTURAL TRANSMISSION - the concept that conduct norms
are passed down from one generation to the next so that they
become stable within the boundaries of a culture.
iv. LLOYD OHLIN (1928) - He advocated the DOT –
DIFFERENTIAL OPPORTUNITY THEORY. This theory
explained that society leads the lower class to want
things and society does things to people. He claimed
that there is differential opportunity, or access, to success
goals by both legitimate and illegitimate means depending
on the specific location of the individual with in the social
structure. Thus, lower class groups are provided with
greater opportunities for the acquisition of deviant
acts.
B. SOCIAL PROCESS THEORIES
- refers to a group of theories which point to the
individual’s socialization process as the cause for
the commission of crimes. These theories cite
interaction with people and experiences and
exposure to different element in the environment as
primary factors to criminality.
- under this theory is the social learning theory which
in turn has three (3) sub-theories: differential
association theory, differential reinforcement theory
and neutralization theory.
I. DIFFERENTIAL ASSOCIATION THEORY (CALICSI)
- formulated by Edwin Sutherland
- this theory states that criminal behavior is learned
through socialization.
- criminal behavior is learned in interaction with other
persons in a process of communication.
- Criminal behavior is product of Adaptation, Learning,
Influence through the process of Communication,
Socialization and Interaction)
SOCIAL LEARNING THEORY - is the branch of behavior
theory most relevant to criminology. Social learning
theorists, most notably Albert Bandura, argue that people
are not actually born with the ability to act violently, but that
they learn to be aggressive through their life experiences.
II. DIFFERENTIAL REINFORCEMENT THEORY
- Popularized by Ronald “Ron” Akers
- According to this theory, individual’s behavior
depends on how people around him react toward s
his behavior.
- An act that is rewarded is repeated; an act that is
punished will be avoided.
III. NEUTRALIZATION THEORY
- Introduced by David Matza and Gresham Sykes.
- sometimes referred to as “drift theory”
- according to this theory, people know when they are
doing something wrong, however, they rationalize
and justify their actions. This rationalizing is what we
called “neutralization”.
TYPES OF NEUTRALIZATION
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 1. DENIAL OF RESPONSIBILITY – shifts the blame for a
deviant act away from the actor.
2. DENIAL OF INJURY - is an offender’s claim that no “real”
offense occurred because no one was harmed.
3. DENIAL OF VICTIM – implies that the victim got what he
or she deserved.
4. CONDEMNATION OF THE CONDEMNERS – involves
attempts by the offender to share guilt with the
condemners by asserting that their behavior is just bad as
his or hers.
5. APPEAL TO HIGHER LOYALTIES – elevates the
offender’s moral integrity by claiming altruistic motives.
C. SOCIAL REACTION THEORY
- Popularized by Erwin Lemert, Frank Tannenbaum and
Howard Becker.
- more commonly called labeling theory.
- it states that people become criminals when significant
members of society label them as such and they
accept those labels as a personal identity.
1. FRANK TENNEMBAUM – He made the earliest
statements of latter-day labeling theory. He describes the
process of defining deviant behavior as different among
juvenile delinquents and conventional society, causing a
"tagging" of juveniles as delinquent by mainstream society.
The stigma that accompanies the deviant "tag" causes a
person fall into deeper nonconformity
2. ERWIN LEMERT – founder of the "Societal Reaction"
theory. This theory explores the journey to social deviance
in two stages; primary deviance and secondary deviance,
which are both incorporated into Labeling Theory as well.
3. HOWARD BECKER - hailed as the founder of modern
labeling theory. He proposes that this label becomes a
person’s master status, meaning that this is a constant
label, affecting and over-riding how others will view them.
4. GEORGE HERBERT MEAD - One of the founders of Social
Interactionism. Believed that people are compelled to see
themselves as society perceives them to be.
TAGGING - like labeling, the process whereby an individual is
negatively defined by agencies of justice.
D. SOCIAL CONTROL THEORIES
- maintain that everyone has the potential to become
criminal but most people are controlled by their bonds
to society.
- social control refers to the agencies of social control
such as family, school, religion or church, government
and laws and other identified authorities in society.
- there are two (2) sub-theories: containment theory
and social bond theory.
1. CONTAINMENT THEORY
- proposed by Walter Reckless
- he stated that inner and outer containments
help prevent juvenile offending.
- containment means the forces within and
outside the individual that has the power to
influence his actions.
- Inner containments include positive self-
concept, tolerance for frustration and an ability
to set realistic goals.
- Outer containments include family.
2. SOCIAL BOND THEORY (B-I-A-C)
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- promulgated by Travis Hirschi
- this theory views crime as a result of individuals
with weakened bonds to social institutions.
- according to this theory, there are four (4)
elements of social bonds: attachment,
commitment, involvement and belief.
a. BELIEF – refers to acceptance of the norms of
conventional society.
b. INVOLVEMENT – refers to the amount of time an
individual spends on a conventional pursuit.
c. ATTACHMENT – refers to the degree to which an
individual care about the opinions of others.
d. COMMITMENT – refers to an individual’s investment of
energy and emotion in conventional pursuits, such as
getting good grades.
E. ECONOMIC THEORY (WORKERS VS CAPITALIST)
ECONOMIC DETERMINIST - Insisted that society’s economic
substructure shapes all other institutions and relationships.
1. KARL MARX - the emergence of capitalism produces
economic inequality in which the proletariats (workers)
are exploited by the bourgeoisie (owners or capitalist
class). This exploitation creates poverty and also is at the
root of the existence of other social problems
2. INSTRUMENTALIST THEORY BY EARL RICHARD
QUINNEY: He claimed that the higher classes are using
the existence of the state to exploit the lower classes by
making rules for their own protection, benefit and interest.
3. W.A. BONGER — an international authority in criminology
who classified crimes by motives of the offender as
economic crimes, sexual crimes, political crimes, and
vengeance as the principal motives.
4. FEMINIST CRIMINOLOGY – Focuses on trying to
understand female offending from feminist perspective,
which contends that women are faced with special
disabilities living in an oppressive sexist society.
5. PEACEMAKING CRIMINOLOGY – is based on religious
principles more than empirical science. It wants to make
peace on crime, counsels us that we should appreciate the
criminals’ point of view, and wants us to be less punitive.
6. RADICAL THEORIES – Crime is seen as a reflection of
class struggle, a kind of primitive rebellion with criminals
behaving as rebels without a clue.
7. LEFT REALISM – a mid-1980s British development that
focuses upon the reasons why people of the working class
prey upon one another, that is, victimize other poor people
of their own race and kind. It wants the police to have more
power in protecting poor people, but on the other hand
doesn’t want the police to be invasive or intrusive.
CONTEMPORARY STRANDS OF INTEGRATIVE
CRIMINOLOGY: DEVELOPMENTAL AND LIFE COURSE
DEVELOPMENTAL THEORIES- follow individuals across the
life course to determine the differential effect of risk factors for
offending at different junctures.
MOFFITT’S DUAL PATHWAY THEORY – There are two main
pathways to offending: Life course persistent and
Adolescent-Limited. LCP offenders have neurological and
temperamental difficulties, which are exacerbated by inept
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parenting. LCP offenders do across time and situations, begin
prior puberty, and continue well into adulthood. Adolescent-
Limited offenders are “normal” individuals temporarily derailed
during adolescence.
SAMPSON & LAUB’S AGE-GRADED THEORY – Emphasizes
the power of informal social controls across the life course.
Assumes classical notions of why people commit crimes,
therefore no need to dwell too much on risk factors. Turning
points in life and human agency are important. These turning
points are made easier if one has accumulated significant social
capital.
AGING OUT PHENOMEMNON
- The process by which individuals reduce the
frequency of their offending behavior as they age. It is also
known as spontaneous remission, because people are believed
to spontaneously reduce the rate of their criminal behavior as
they mature. Aging out is thought to occur among all groups of
offenders.
SOCIAL CAPITAL – a store of positive relationships built on
norms of reciprocity and trust developed over time, upon which
the individual can draw for support when needed.
DISTINCT GROUPS OF DEVELOPMENTAL THEORIES
1. LIFE COURSE THEORY
Life Course Theory views criminality as a dynamic
process, influenced by a multitude of individual characteristics,
traits and social experiences. As people travel through the life
course they are constantly bombarded by changing
perceptions and experiences and as a result their behavior
will change directions, sometimes for the better and
sometimes for the worse.
Changes are influenced by the family, job, peer
influence and behavior. Life Course Theories have four various
models, such as: Social Development Model (SDM) by
Joseph Weis, Richard Catalano, J. David Hawkins and their
associates who claimed that weak social controls produce
crime. A person’s place in the structure influences his or her
bond to society; Farrington’s Theory of Delinquent
Development by David Farrington who found out that personal
and social factors control the onset and stability of criminal
careers; Interactional Theory by Terence Thornberry who
proposed that criminals go through lifestyle changes during their
offending careers; and Age-graded Theory by Robert
Sampson and John Laub who claimed that as people mature,
the factors that influence their propensity to commit crime
change. In childhood, family factors are critical, in adulthood,
marital and job factors are the kay.
2. LATENT TRAIT THEORY
Latent Trait Theory holds that human
development is controlled by a “Master Trait” consist of
personality, intelligence and genetic make-up present at birth or
soon after some criminologists believe that this master trait
remains stable and unchanging throughout a person’s lifetime
whereas others suggest that it can be altered, influenced, or
changed by subsequent experience. In either event, as people
travel through their life course this trait is always there directing
their behavior.
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CRIMES AND CRIMINALS
CRIME
- refers to an act committed or omitted in violation of public
law (Phil. Law Dictionary).
- It also refers to an act committed or omitted in violation of a
public law forbidding or commanding it (Reyes 2006).
- Crime would not be committed without any of its essential
elements. (DOC)
TRIAD OF CRIME
The so called triad of crime consists of desire, capability
and opportunity. These are the factors which led to the
commission of crime.
1. DESIRE – it is what induces or pushes the person to
commit crime.
2. OPPORTUNITY – This refers to the physical
possibility that the crime could have been committed.
3. CAPABILITY – It is the ability of the person to
execute the acts or omission punishable by laws.
According to Abrahamsen in his book entitled, “Crime and
Human Mind” in 1945, he explained the causes of crime by this
formula:
C=T+S
R
Where:
- C – Crime (ACT)
- T – Tendency (DESIRE/INTENT)
- S – Situation (OPPORTUNITY)
- R – Resistance to temptation (CONTROL)
TYPOLOGY OF CRIMES
TYPOLOGY OF CRIME - involve classifying offenses or
offenders according to some criteria of relatedness or
similarity.
LEGAL CLASSIFICATIONS:
1. According to law violated
a. FELONY – an act or omission punishable by law which
is committed by means of dolo (deceit) or culpa
(fault)and punishable under the Revised Penal Code
b. OFFENSE – an act or omission in violation of a special
law
c. INFRACTION – an act or omission in violation of a city
or municipal ordinance
2. According to the manner of committing crime:
a. By means of dolo or deceit – if the crime is committed
with deliberate intent. Thus, it is called intentional
felonies.
✓ freedom or voluntariness
✓ intelligence
✓ intent
“M’Naghten Rule” stated that a defendant is not guilty of a crime
if, at the time of the act, mental illness permits the actor from 1.)
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knowing what he or she was going or 2.)knowing that the act
was wrong.
b. By means of culpa or fault
- felonies committed by means of culpa (fault)
- the act or omission of the offender is not malicious
and the injury caused by the offender is
unintentional, it being the simply the incident of
another act performed without malice
✓ lack of foresight
✓ lack of skill
✓ negligence
✓ imprudence
3. According to the stages in the commission:
a. ATTEMPTED – the crime is 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.
b. 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.
c. CONSUMMATED - when all the elements necessary
for its accomplishment and execution are present
4. According to plurality:
a. SIMPLE CRIME – is a single act constituting only one
offense.
b. COMPLEX CRIME – single act constituting two or
more grave felonies or an is a necessary means for
committing the other
Two (2) Kinds of Complex Crime:
1. Compound crime (delito compuesto)
2. Complex crime proper (delito complejo)
5. According to gravity:
a. GRAVE FELONIES - are those to which the law
attaches the capital punishment or penalties which in
any of their period are afflictive.
b. LESS GRAVE FELONIES - are those which the law
punishes with penalties which in their maximum
period are correctional.
c. LIGHT FELONIES - are infraction of laws for the
commission of which the penalty of arresto menor or
a fine not exceeding 200 pesos or both is provided.
6. According to the nature of the act:
a. CRIMES MALA IN SE – are acts that are inherently
evil. Examples are murder, robbery, etc.
b. CRIMES MALA PROHIBITA – acts which are
prohibited only because there are laws forbidding such
acts. Examples are Illegal Possession of firearms,
Traffic Violations, etc.
CRIMINOLOGICAL CLASSIFICATIONS OF CRIME
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1. According to the result of the crime:
a. ACQUISITIVE CRIME – if the offender acquired or
gained something by committing the crime. Examples
are robbery, estafa, bribery, etc.
b. DESTRUCTIVE CRIME – if the crime resulted in
destruction, damage or even death. Examples are
arson, murder and homicide, damage to property, etc.
2. According to the time or period of commission:
a. SEASONAL CRIMES – are crimes that happen only
during a particular season or period of the year.
Examples are violation of election law, tax law
violations, etc.
b. SITUATIONAL CRIMES – are crimes committed
when the situation is conducive to the commission of
the crime and there is an opportunity to commit it.
Examples are pickpocketing, theft, etc.
3. According to the length of time of the commission:
a. INSTANT CRIMES – are those crimes that can be
committed in a very short time. Example: theft
b. EPISOIDAL CRIMES – are crimes committed
through series of acts or episodes and in much longer
time. Example: serious illegal detention
4. According to place or location:
a. STATIC CRIMES – are committed only in one
place. examples are theft and robbery
b. CONTINUING CRIMES – are crimes that take
place in more than one place or several places.
examples: abduction, kidnapping, etc.
5. According to the use of mental faculties:
a. RATIONAL CRIMES – when the offender is
capable of knowing what he is doing and
understanding the consequences of his actions.
b. IRRATIONAL CRIMES – when the offender
suffers from any form of mental disorders, insanity
or abnormality. Thus, the offender doesn’t know
what he is doing.
6. According to the type of offender:
a. WHITE COLLAR CRIMES – crimes committed by
those persons belonging to the upper socio-
economic status or in the course of his
occupational activities.
b. BLUE COLLAR CRIMES – are those crimes
committed by ordinary criminals as a means of
livelihood.
OTHER TYPES OF CRIMES
1. CLEARED CRIMES - two ways by which crimes are closed:
(1) when at least one person arrested, charge, and turned
over to the court for prosecution, (2) by exception means,
when some element beyond police control precludes the
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 physical arrest of an offender e.g. when he/she leaves the
country.
2. CORPORATIVE CRIMES - white collar crime involving a
legal violation by corporate entity such as price fixing,
restraint of trade, or hazardous waste dumping.
3. CRIME OF REDUCTION - crimes that are committed when
the offended party experiences a loss of some quality
relative to his her present standing such as when they
becomes victims of robbery or theft, but they may also be
victimized if their dignity is stripped from them when they
are taunted by racists.
4. CRIME OF REPRESSION - crimes that are committed
when members of a group are prevented from achieving
their fullest potential because of racism, sexism, or some
status bias.
5. CYBERCRIME - the commission of criminal acts using the
instruments of modern technology such as computers or
the internet
6. ECONOMICAL CRIME - an act in violation of the criminal
that is designed to bring financial gain to the offender.
7. ENTERPRISE CRIME - the use of illegal tactics by a
business to make profits in the market place.
8. EXPRESSIVE CRIME - a crime that has no purpose except
to accomplish the behavioral hand such as shooting
someone.
9. INCHOATE CRIME - incomplete or contemplated crimes
such as criminal solicitation or criminal attempts.
10. MISSION HATE CRIMES - violent crimes committed by
disturbed individuals who see it as their duty to rid the world
of evil.
11. REACTIVE HATE CRIME - perpetrators believe they are
taking a defensive stand against outsiders who they believe
threaten their community or way of life.
12. RETALIATORY HATE CRIME - offense committed in
response to a hate crime, real or perceived.
13. STATUTORY CRIMES - crimes defined by legislative
bodies in response to changing social conditions, public
opinion, and custom.
14. Trill-seeking hate crime - hatemonger who join forces to
have fun by bashing minorities or destroying property;
inflicting pain on others gives a sadistic thrill.
CRIMINAL
- in the legal sense, a criminal is any person who has
been found to have committed a wrongful act in the
course of the standard judicial process; there must be
a final verdict of his guilt
- in the criminological sense, a person is already
considered a criminal the moment he committed a
crime
CLASSIFICATIONS OF CRIMINALS
1. According to etiology
a. ACUTE CRIMINAL – is a person who committed
crime as a result of reacting to a situation or during
a moment of anger or burst of feeling.
b. CHRONIC CRIMINAL – is one who committed a
crime with intent or deliberated thinking.
c. NEUROTIC CRIMINAL – is one who has mental
disorder.
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d. NORMAL CRIMINAL – A person, who commits
crimes because he looks up to, idolizes people
who are criminals.
e. ACTIVE AGGRESSIVE CRIMINALS – commit
crimes in an impulsive manner usually due to their
aggressive behavior of the offender. This attitude
is clearly shown in crimes of passion, revenge or
resentments.
2. According to the type of offender:
a. ORDINARY CRIMINAL – a criminal who engages
in crimes which do not require specialized or
technical skill
b. ORGANIZED CRIMINAL – is one who possesses
some skills and know-how which enable him to
commit crimes and evade detection.
c. PROFESSIONAL CRIMINAL – Highly skilled
criminals which are engaged in large scale
criminal activities and usually operate in groups.
3. Based on Mental Attitudes
a. ACTIVE CRIMINALS are those who commit
crimes due to aggressiveness.
b. PASSIVE INADEQUATE CRIMINALS are those
who commit crimes because they are pushed to it
by reward or promise.
c. SOCIALIZED DELINQUENTS are criminals who
are normal in behavior but defective in their
socialization process or development.
4. According to criminal activities:
a. PROFESSIONAL CRIMINAL – a criminal who earns
his living through criminal activities.
b. SITUATIONAL CRIMINAL – a person who got
involved in criminal act because the situation
presented itself.
c. HABITUAL CRIMINAL – one who repeatedly
commits criminal act for different reasons.
d. ACCIDENTAL CRIMINAL – a person who
accidentally violated the law due to some
circumstances.
7. Types of violent criminals
a. CULTURALLY VIOLENT OFFENDERS –
Individuals who live in subculture in which violence
is and acceptable problem solving mechanism. This
is prevalent among lower income minorities from
slum environments of large central cities.
b. CRIMINALLY VIOLENT OFFENDERS – Offenders
use violence as a means of accomplishing criminal
act, such as in robbery.
c. PATHOLOGICALLY VIOLENT OFFENDERS –
Mental illness or brain damage characterizes the
pathologically violent offenders.
d. SITUATIONALLY VIOLENT OFFENDERS –
Offenders commit acts of violence on rare
occasions, often under provocation. These incidents
are often described as crimes of passion in which the
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 individual temporarily loses control and often
express regret for the action later.
MASS MURDER AND SERIAL KILLING
Serial killer and mass murderers are two different violent
offenders. The former operates over a long period and can be
distinguished from mass murderers for the later kill many
victims in a single violent outburst.
✓ SPREE KILLER - is someone who embarks on a
murderous assault on 2 or more victims in a short time
in multiple locations.
✓ SPREE KILLING - killings at two or more locations with
almost no time break between murders.
✓ SPREE MURDER - two or more murders committed by
offender/offenders without a cooling off period.
✓ SERIAL MURDER - two or more murders committed
by an offender(s) with a cooling off period.
✓ MASS MURDERER - are defined by one incident with
no distinctive time period between the murders.
TYPES OF SERIAL KILLERS
(JACK LIVEN AND JAMES ALLAN FOX)
a. THRILL KILLERS – These killers strive for either sexual
sadism or dominance. This is the most common form of
serial murderer.
b. MISSION KILLERS – These killers want to reform the world
or have a vision that drives them to kill.
c. EXPEDIENCE KILLERS – Killers who kill out for profit or
want to protect themselves from a perceived threat.
TYPES OF MASS MURDERER
(JACK LIVEN AND JAMES ALLAN FOX)
a. REVENGE KILLERS – These killers seek to get even with
individuals or society at large
b. LOVE KILLERS – Motivated by warped sense of
devotion. They are often despondent people who commit
suicide and take others, such as a wife and children with
them.
c. PROFIT KILLERS – Usually trying to cover-up a crime,
eliminate witnesses, and carry out a criminal conspiracy.
d. TERRORIST KILLERS – Killers who are trying to send a
message. Gang killings tell rivals to watch out; cult killers
may actually leave a message behind to warn society
about impending doom.
RAPE AS VIOLENT CRIME
Rape is derived from the Latin “Rapere” or to take
by force, often perceived primarily as a sexually-motivated act,
however upon the enactment of RA 8353, otherwise known as
the Anti Rape Law of 1997 amending the Revised Penal Code,
rape is identified primarily a violent act in which sexual relations
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are merely a means of expressing violence, aggression and
domination. Consequently, it is divided into two acts; rape by
sexual intercourse and rape through sexual assault, which
could be committed by a male and female.
TYPES OF RAPE
a. ANGER RAPE - Sexual attack becomes a means of
expressing rage or anger and involves far more physical
assault upon the victim than is necessary.
b. POWER RAPE - Assailant primarily wishes to express his
domination over the victim. Since rape is an expression
of power rather than the means of sexual gratification, the
rapist generally uses only the amount of force necessary to
exert his super-ordinary position.
c. SADISTIC RAPE - Perpetrator combines the sexuality and
aggression aims in psychotic desires to often torment,
torture, or otherwise abuse his victim.
d. ACQUAINTANCE RAPE - forcible sex in which offender
and the victim are acquitted with one another
e. AGGRAVATED RAPE - rape involving multiple offenders,
weapons and victim injuries.
f. DATE RAPE - forcible sex during the courting relationship.
g. SERIAL RAPE - multiple rapes committed by one person
over time.
h. STATUTORY RAPE - sexual relations between an
underage minor females and an adult male.
CATEGORIES OF RAPISTS
a) NAÏVE GRASPERS- Sexually inexperienced youths who
possess an unrealistic conception of female erotic arousal.
Awkward in relating to the opposite sex, they hold high
expectations that their crude advances will be met with
affection by their victims.
b) MEANING STRETCHERS- An offender misinterprets
woman expressions of friendliness. And affection as
indicating that the female desires couitus even when she
says no.
c) SEX LOOTERS- Person who has a low desire for affection
or low respect for the victim’s autonomy and callously uses
woman as sex object.
d) GROUP CONFORMERS- Rapist participates in a group
rape or gang bang, often following the leader. A sex looter
felt a sense of conformity and notion demonstrating their
masculinity.
HATE CRIMES – a crime or a form of violence directed towards
a specific race, gender, religion, ethnicity etc. often called as
Bias Crime.
PUBLIC ORDER CRIMES - are acts considered illegal because
they conflict with social policy, accepted moral rules and public
opinion. Examples of which are prostitution, gambling,
pornography, obstruction etc., these are known as “Victimless
Crimes”
PROSTITUTION
(ART 202 – VAGRANTS AND PROSTITUTES)
- PROSTITUTION - can be defined as granting non marital
sexual access, established by mutual agreement of the
prostitute, their client, and their employer for remuneration.
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- PROSTITUTES - are referred to by sociologists as “street
level sex workers” whose activities are similar to any other
service industry.
In the Philippines, prostitution is punishable under
Article 202 of the Revised Penal Code, which defined
prostitution as an act committed by a woman habitually indulge
in sexual intercourse or lascivious conduct for money or profit.
PORNOGRAPHY AND OBSCENITY
(ART 200 – 201 RPC)
PORNOGRAPHY - depicts imaginable explicit sex act which
aim to provide sexual titillation and excitement for paying
customers, while obscenity designed to incite to lust or
depravity. These acts are punishable under Article 201 of the
Revised Penal Code which was subsequently amended by
Presidential Decree 960 and 969.
Recent legislations related to this crime are R.A. No. 9775-An
Act Defining The Crime of Child Pornography, Prescribing
Penalties Therefore and for other Purposes, approved on
November 17, 2009, and
R.A. No. 9995-An Act Defining and Penalizing the Crime of
Photo and Video Voyeurism Prescribing Penalties Therefore,
approved on February 15, 2010.
THE DEATH PENALTY
The subject of capital punishment has fueled heated debate
both by criminologists and by the public at large. In the
Philippines, death penalty is prohibited by the 1987 Constitution
except for compelling reasons, involving heinous crimes. Due to
the upsurge of heinous crimes Philippine Congress was
prompted to reimpose it leading to the enactment of R.A. 7659
– otherwise known as An Act to Impose the Death Penalty on
Certain Heinous Crimes which was approved on December 13,
1993.
The heinous crimes found to be deserving of the death penalty
under R.A. 7659 are:
1) Treason;
2) Qualified Piracy;
3) Qualified Bribery;
4) Parricide;
5) Murder;
6) Infanticide;
7) Kidnapping and Serious Illegal Detention;
8) Robbery with Violence Against or Intimidation of
Persons;
9) Destructive Arson;
10) Rape;
11) Plunder; and
12) Violation of R.A. No 6425, as amended known
as the Dangerous Drug Act of 1972.
The penalty to these crimes will be executed through
lethal injection as provided by R.A. 8177. However, on June 24,
2006, R.A. No. 9346 was passed by Congress and approved by
President Gloria Macapagal Arroyo, prohibiting the imposition of
the death penalty in the Philippines. In lieu of the death penalty,
the following shall be imposed:
a. RECLUSION PERPETUA - When the law violated makes
use of the nomenclature of the Penalties of the Revised
Penal Code; or
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b. LIFE IMPRISONMENT - When the law violated does not
make use of nomenclature of the penalties of the Revised
Penal Code.
Death convicts whose sentences had been reduced to
reclusion perpetua shall not be eligible for parole under Act
No. 4103 otherwise known as Indeterminate Sentence Law.
STUDY OF CRIMINAL LAW
EVOLUTION OF CRIMINAL LAWS
A. PREHISTORIC CRIME AND PUNISHMENT
Primitive Tribes
- punishment may be in the form of ostracism
and expulsion
- adultery may be punished by the aggrieved
husband who may kill the adulterer and his
own offending wife
- crime may be avenged by the victim himself
or by the victim’s family
B. EARLY CODES
1. CODE OF HAMMURABI
- Hammurabi, the king of Babylon during the
eighteenth century BC, is recognized as the
first codifier of laws
- it provides the first comprehensive view of the
laws in the early days
- the Code was carved in stone
- the “law of talion”, or the principle of “tit for
tat”,(an eye for an eye, tooth for a tooth)
appears throughout the Code
- under the principle of the law of talion, the
punishment should be the same as the harm
inflicted on the victim
2. THE HITTITES - the Hittites existed about two
centuries after Hammurabi and eventually conquered
Babylon
3. CODE OF DRAKO
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the
seventh century BC
4. LAWS OF SOLON
- Solon was appointed archon and was given
legislative powers
- Solon repealed all the laws of the Code of
Drakon, except the law on homicide
- Solon was one of the first to see that a lawgiver
had to make laws that applied equally to all
citizens and also saw that the law of punishment
had to maintain proportionality to the crimes
committed
5. ROME’S TWELVE TABLES
- Roman law began with the Twelve Tables which
were written in the middle of the sixth century BC
- the Twelve Tables were the foundation of all laws
in Rome and written in tablets of bronze
- the Twelve Tables were drafted by the Decemvirs,
a body of men composed of patricians
CRIMINAL LAW – is that branch of public law which defines
crimes treats of their nature and provides for their punishment.
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REVISED PENAL CODE OR ACT NO. 3815 – book that
contains the Philippine Criminal Law and different special laws
and decrees which are penal in nature. It is called as RPC
because the old penal code which took effect in the country on
July 14, 1887 and was in force until Dec. 31, 1931 was revised
by the Committee created by Administrative Order No. 94 of the
Department of Justice, dated Oct. 18, 1927, composed of
Anacleto Diaz as Chairman, Alex Reyes and Mariano de Joya
as members.The RPC was approved on Dec. 8, 1930 and took
effect on January 1, 1932.
PRINCIPAL PARTS OF THE RPC
It is composed of two books; book one which is composed
of Articles 1-113 and book two covering Articles 114-367.
a. Articles 1-20 – principles affecting criminal liability
b. Articles 21-113 – penalties including criminal and civil
liability
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
1. JUSTIFYING – those wherein the acts of the actor are in
accordance with law, hence, he incurs no criminal liability.
2. EXEMPTING – those wherein there is an absence in the
agent of the crime any of all the conditions that would make
an act voluntary and, hence, although there is no criminal
liability, there is a civil liability.
Your purpose is greater than your problems.”
― John Paul Warren
END OF INTRODUCTION TO CRIMINOLOGY
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3. MITIGATING CIRCUMSTANCES – those that the effect of
reducing the penalty because there is diminution of any of
the elements of dolo or culpa, which makes the act
voluntary or because of the lesser perversity of the
offender.
4. AGGRAVATING – those which serve to increase the
penalty without exceeding the maximum provided by law
because of the greater perversity of the offender as shown
by the motivating power of the commission, the means
employed or the personal circumstances of the offender.
5. ALTERNATIVE – those, which are either aggravating or
mitigating according to the nature and effects of the crime
and other conditions attending its commission.
ANDREW VON HIRSCH - he developed the notion of just
desert.
JUST DESERT - has five guidelines;
1. treat legal punishment as a desert;
2. avoid doing harm;
3. Sentence delinquency, not the delinquent;
4. interfere parsimoniously;
5. restrain efforts to prevent crime; modern day
utilitarianism.
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