Criminal law refers to the body of laws and regulations that define crimes, establish their corresponding penalties,

and
govern the procedures for investigating, prosecuting, and punishing individuals who commit offenses against the state or
society.

Criminal Etiology - is a division of criminology which attempts to provide scientific analysis of the causes of
crime.
- Man and his criminal behavior is the object of interest in the study of criminal etiology.

Approaches and methods in criminology for Study of Crimes

1. The Biological Approach- It studies criminal through biological perspectives.
2. Psychogenic Approach - Emphasis is based on linking criminal behavior to mental state, especially
mental evidence disease; mental disorders, pathologies, and emotional problems and they repeatedly assert
that crime is outcome of criminal mind. The root cause of the criminal behavior neither environmental nor
biological than question seems to be unclear.
3. Multifactor Approach- Different crimes are result of different combination of the factors.

Types of Explanation to criminal behavior

A. Single or Unitary Cause – Crime is produce only by one factor or variable, hey are social, biological or
mental. This theory is no longer in use at present.
B. Multiple Factor Theory – Crime is a combination of several factors. Some factors are playing a major reason while
the other is playing the minor role. This is the accepted theory of crime causation.
C. Eclectic Theory – Crime is one instance maybe caused by one or more factors, while in other instances it
is cause by another set of factors.

Crime in the Philippines

Criminologist has accepted that criminality tendencies and behavior could be influenced by social conditions. In
the Philippines, crimes committed are invariably associated with some of the following contributing factors such as:
1. Economic
2. Cultural influences
3. Environment
4. Social conditions
5. Individual personal temperaments

Geographically speaking, the Philippines are in the tropic zone and theoretically Filipinos are hot-blooded people
with very volatile temperaments. Sexual offenses ranging from rape, abduction, acts of lasciviousness, and
prostitution are prevalent in some different localities of the country because the criminal behavior of the
people is greatly affected by poor economic and social conditions, thus making the act as social phenomena.

Factors Affecting Development and Existence of Crimes and Criminality

These factors are:
A. Geographic factors
B. Biological factor
C. Psychoanalytic and psychiatric factors
D. Sociological factors
E. Other criminogenic factors

A. The Geographical Factors Geography and Crimes

1. North and South Pole– According to the 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. Approach to the Equator– According to the Montesquieu (Spirits of Laws, 1748) criminality increase in
proportions one approach the equator and drunkenness increase as one approaches the north and South
Pole.
3. Season of the Year– Crimes against person is more in summer than in rainy season. Climatic condition directly
affects one’s irritability and cause criminality. During dry season, people get out of the house more, and there is
more contact and consequently more probability of personal violence.
4. Soil Formation– More crimes of violence are recorded in fertile level lands than in hilly rugged terrain.
Here are more congregations 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, excursion, picnics and other sorts 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 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 number of arrest were less. It
may be due to the presence of more carbon dioxide in the atmosphere that lessens.
B. Biological Factors - A man as a living organism has been the object of several studies which has the purpose of
determining the causes of his crimes.

Anthropological Criminology - It is sometimes referred to as criminal anthropology, literally a combination of the

study of the human species and the study of criminals. Based on perceived links between the nature of a crime and
the personality or physical appearance of the offender.

Theories of Criminal Anthropology

1. Physiognomy - founded by J. Baptiste Della Porte.
a. The physiognomist Johann Kaspar Lavater (1741-1801) was one of the first to suggest a link between
facial figures and crime.
b. Victor Hugo referred to his work in LesMisérables, about what he would have said about Thénardier’s face.
c. The philosopher Jacob Fries (1773–1843) also suggested a link between crime and physical appearance
when he published a criminal anthropology handbook in1820.Physiognomy is a theory based upon the idea
that the assessment of the person's outer appearance, primarily the face, may give insights into one's character
or personality.

2. Phrenology - from Greek: "mind"; and logos, "knowledge") is a theory which claims to be able to determine
character, personality traits and criminality on the basis of the shape of the head (i.e., by reading "bumps" and
"fissures").Franz Joseph Gall then developed in 1810 his work on craniology; in which he alleged that crime
was one of the behaviors organically controlled by a specific area of the brain. In 1843, François Magendie referred
to phrenology as "a pseudo-science of the present day" Phrenology is based on the concept that the brain
is the organ of the mind, and that certain brain areas have localized, specific functions or modules. Phrenology,
which focuses on personality and character, should be distinguished from craniometry, which is the study of skull
size, weight and shape, and physiognomy, the study of facial features.

3. Study of Physical Defects and Handicapped in relation to crimes– Leaders of notorious criminal
groups are usually nicknamed in accordance with their physical defects and handicapped such as funny words
“Dodong Pilay”,“Ashiong Bingot”, “Densiong Unano”,“Roger Komaang” and others.

4. Study of Kretschmer by classifying

Types of Physique and type of crimes they are prone to commit:
a. Pyknic Type- those who are stout and with round bodies. They tend to commit deception, fraud and violence.
b. Athletic Type- those who are muscular and strong. They are usually connected with crimes or violence.
c. Asthenic Type- those who are skinny and slender. Their crimes are petty thieves and fraud.
d. Dysplastic or Mixed Type– those who are less clear evident having any predominant type. Their offenses are
against decency and morality.

5. Study of William Sheldon (Varieties of Delinquent Youth) Somatotype Theory

a) Ecto morphic - long arms and legs and a short upper body and narrow shoulders, and supposedly has a higher
proportion of nervous tissue. They also have long and thin muscles. Ectomorphs usually have a very low fat
storage; therefore they are usually referred to as slim.
b) Meso morphic - characterized by a high rate of muscle growth and a higher proportion of muscular tissue. They
have large bones, solid torso combined with low fat levels. It is also noted that they have wide shoulders with an
arrow waist.
c) Endo morphic - characterized by an increased amount of fat storage, due to having a larger number of fat cells
than the average person, as well as higher proportion of digestive tissue.

6. Study of Heredity as the cause of crimes - The common household expressions like “it is in the blood” “like
father like son”.

The following are some proofs to show the role of heredity in the development of criminality:
1. Study of Kallikkak Family Tree – Henry H. Goddard. He is known especially for his 1912 work.
The Kallikak Family: A Study in the Heredity of Feeble-Mindedness. He also introduced the term
"moron" into the field. Goddard invented the pseudonym Kallikak by combining a Greek root meaning
“beauty" (kallos) with one meaning “bad" (kakos).
The lesson was clear and dramatic: the study linked medical and moral deviance and fused the new
mendelian laws with the old biblical injunction that “the sins of the fathers shall be visited on the sons."
2. Study of Juke Family Tree (Dugdaleand Estabrook)The 19th-century view of" degeneracy" (roughly
synonymous with "bad heredity") led theorists to conceive of social problems such as insanity, poverty,
intemperance, and criminality — as well as idiocy — as interchangeable.
This view was expounded in The Jukes: A Study in Crime, Pauperism, Disease, and Heredity (Richard
Dugdale, 1875), study of a rural clan that “over seven generations produced 1,200 bastards, beggars, murderers,
prostitutes, thieves and syphilitics.
From Juke Family:
a. 310 who died as paupers, c. 7 were murderers,
b. 150 were criminals, d. 100 were drunkards, and more than half of
the women were prostitutes
3. Study of Sir Jonathan Edwards Family Tree - Sir Jonathan Edwards was famous preacher during the
colonial period. Then his family tree was traced none of the descendants was found to be criminal.
From Edwards Family: practically no lawbreakers.
a. More than 100 lawyers,
b. 30 judges
c. 13 college presidents and hundred and more professors
d. 60 physicians
e. 100 clergymen, missionaries, and theological professor.
f. 80 elected to public office, including3 mayors, 3 governors, several members of congress, 3 senators,
and 1vice president.
g. 60 have attained prominence in authorship or editorial life, with 135 books of merit.
h. 75 army or navy officers. An addendum of a family found after the book was in type reports 2 more
physicians and a comptroller of the U.S. treasury.

C. Psychoanalytic and Psychiatric factors

1. Psychoanalytic – the analysis of human behavior.
Psychiatry – the study of human mind. Various studies of the human behavior and mind in relation to the causes
of crimes. Aichorn in his book entitled Wayward Youth, 1925 said the cause of crime and delinquency is the fault
development of child during the first few years of his life (faulty ego-development).

2. Abrahamsen in his crime and the human mind, 1945 explained the causes of crime through formula.
(CB = CT +Inducing situation / PMRT)
In explaining the birth of criminal behavior, we must consider three factors:
criminalistics tendency (T), the total situation (S), and the person’s mental and emotional resistance to
temptation (R).

These factors then can be put into formula as:

C = T + S R Where: C – Crime/Criminal Behavior (the act) T – Criminal Tendency (Desire/Intent) S – Total
Situation (Opportunity) R – Resistance to Temptation (Control)

2. Cyrill Burt (Young Delinquent, 1925) gave the theory of General emotionality - Excess or a deficiency of a
particular instinct account for the tendency of many criminals to be weak willed or easily led. Type
of offenders maybe due to the deficiency in the primitive emotion of love and an excuse of the instinct of hate.
(Usually with weak emotion, example broken hearted or greedy type easily fooled).

3. Healy (individual Delinquency) claimed that crime is an expression of the mental content of the individual.
Frustration of the individual causes emotional discomfort; personality demands removal of pain and
pain is eliminated by substitute behavior, that is, crime delinquency of the individual.

4. Bromberg (Crime and the mind,1946) claimed that criminality is the result of emotional immaturity. (If the
person cannot control his temper, etc…Childhood)

5. Sigmund Freud (The Ego and the Id.,1927) in his Psychoanalytical theory of human personality and crimes
has the following explanations.
a) Id-pleasure principle Selfishness, violence, and anti-social wishes are part of the original instinct of man.
b) Ego- The child begins to acquire an awareness of one self-instinct from the environment. Decisions
are reached in terms of reality principle.
c) Super Ego-means the conscience of man. The super-ego tries to correct or control the ego and may be
represented by the voice of God. Moral truth, Commandments of society, good for the whole will of the
majority, cultural conventions and other rules.

Psychiatry – It is a branch of medicine which exists to study, prevent, and treat mental
disorders in humans.
Mental Disturbance as Cause of Crime:
1. Mental Deficiency – a condition or incomplete development of the mind existing before the age of 18,
whether arising from the inherent causes or induce by disease or injury. Mentally deficient person are
prone to commit malicious damage to property and unnatural sex offenses. They may commit violent
crimes but definitely not crimes involving the use of mentality (like murder etc...). (Art 12, Exempted)
Classes of Mental Deficiency:
a. Idiot– Their mentality is compared to a 2 years old person.
b. Imbecile– Their mentality is like a child of 2 to 7 years old.
c. Feeble-minded Person– Not amounting to imbecility is yet so pronounce that they required care,
supervision and control for their own or for the protection of others.
d. Schizophrenia– this is something called dementia praecox which is a form of psychosis characterized by
thinking disturbance and regression to a more relatively impaired and intellectual functions are well
preserve. The personal appearance is dilapidated and the patient is liable to impulsive acts, destructively
and may commit suicide.
2. Compulsive Neurosis – this is the uncontrollable or irresistible impulse to-do something.
This neurosis maybe in the following forms:
a. Pyromania– compulsive desire to set fire.
b. Homicidal Compulsion– the irresistible urge to kill somebody.
 c. Kleptomania– the completive desire to steal.
d. Dipsomania– the compulsive desire to drink alcohol.
3. Psychopathic Personality – this is the most important cause of criminality among youthful offenders
and habitual criminals. This is characterized by infantile level of response lack of conscience, deficient
feeling of affection to other and aggression to environment and other people. (More dangerous than sociopathic
person)
4. Epilepsy – this is a condition characterized by conclusive seizure and a tendency to mental deterioration.
The seizure may result to extreme loss of consciousness. During the attack the person become
muscularly rigid, respiration cases, froth on the mouth and tongue maybe bitter. Just before the actual
convulsion, there may be mental confusion, hallucination or delusion and may commit violent crimes
without provocation. After the attack, the person may be at the state of altered consciousness and
may wonder from one place to another and inflict bodily harm. (This is when your body moves in an
uncontrollable and violent way).
Types of Epilepsy
a. Grand Mal– there is complete loss of consciousness and general contraction of the muscles.
b. Petit Mal– mild or complete loss of consciousness and contraction of muscles.
c. Jackonism Type– localized contraction of muscle with or without loss of consciousness.
5. Alcoholism– this is a form of vice causing mental disturbance. Person is under the influence of
liquor may commit violent crimes and inflict physical injuries. Habitual drunkard may commit suicide, sex offence
and exquisites crimes. Young children, likewise, may become delinquent. (What is the effect of Alcohol;
Note: Alcohol is the king of all drugs).
6. Drug Addiction – this is another form of vice which cause strong mental disturbance. (Discuss RA 9165)

D. Sociological Causes of Crimes

Sociological causes refer to things, place and people with whom we come in contact which play a part in determining
out actions and conduct.

Sociological Theories of the Causes of Crimes

1. Differential Association Theory (DAT) In criminology, Differential Association(1883–1950) is a theory
developed by Edwin Sutherland proposing that through interaction with others, individuals learn the
values, attitudes, techniques, and motives for criminal behavior. He was the author of the leading text
Criminology, published in 1924, first stating the principle of differential association in the third edition
retitled Principles of Criminology. He coined the phrase white-collar criminal in a speech to the American
Sociological Association on December 27 , 1939.Note: Edwin Sutherland was known as the Father of
American Criminology
2. Differential Identification Theory by Daniel Classer - A person with the propensities of becoming a thief will
consider thieves as their ideal person to identify themselves. It may be done by identifying themselves
with character in movies, radio and televisions.
3. Imitation-Suggestion, Theory of GabrielTarde The learning process may either be conscious type of copying
(imitation) or unconscious copying (suggestion) of confronting patterns of behavior.
4. Differential Social Organization Theory This is sometimes called social disorganization; there is social
disorganization when there is a social change, conflict of values between the new and the old. ; There is lack of
well-defined limit to behavior, a breakdown of rules and absence of definite role for the adolescence to play.
5. Conflict of Culture Theory by Thorsten Sellin - It was emphasized that the multiplicity of conflicting
culture is the principal source of social disorganization. The high crime and delinquency rates of certain ethics
or racial group is explained by their exposure to diverse and incongruent standards and codes of
larger society.
6. Containment Theory by Reckless Accordingly, criminality is brought about by the inability of the group to
contain the behavior of its group and that of effective containment of the individual into the value of
system and structure of society will minimize the crime.
Other Sociological Causes of Crime
1. Lack of Parental Guidance – “Today’s delinquent is tomorrow’s Criminal”.
2. Broken Homes and Family
3. Injuring Status of Neighborhood – The residence is slum or impoverished areas will lower the social status of
the child. As a rule, people are influenced by these surroundings and often get in trouble. (Tondo)
4. Bad association with Criminal Groups– “One bad apple will spoil a barrel of good ones”.
5. Lack of Recreational Facilities for Proper use of Leisure Time – “An idle mind is the devil’s workshop”.
6. Lack of Employment

Other Criminogenic Factors or Causes of Crimes

1. Failure of the School in Character Development of the Children and the Youth.
2. The Mass Communication Media develop an artificial environment of crimes and delinquency and
influence the public to violate the law. (SOCO; it gives info or knowledge to viewers or people on how to
escape crimes or punishment)
3. Political causes may bring about on artificial set or crime.
I. There are too many laws and ordinances passed and violated.
II. The police and other law enforcement agencies are enforcing the laws carelessly and the people are
impressed with the idea that they can break the law with impunity from punishment and arrest. (Poor
implementation)
III. Leniency of the courts to imposed stiffer penalties which encourage commission of crimes etc.
(Degree of proof to convict a person, Proof beyond reasonable doubt)