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INTRODUCTION

TO
CRIMINOLOGY
WHAT IS CRIMINOLOGY?
- the Italian law professor Raffaele Garofalo
coined the term criminologia in 1885.
- the French anthropologist Paul Topinard
used the term criminologie in 1887.
- the scientific study of crime as a social
phenomenon.
- it is committed to the achievement of an
understanding of the roots and
manifestation of different aspects of
behavior that violate criminal law.
CRIMINOLOGY
 In its broadest sense, criminology is the
entire body of knowledge regarding crimes,
criminal and the effort of society to prevent
and repress them.
 In a narrower sense, criminology is the
scientific study of crimes and criminals.
SOCIOLOGICAL DEFINITION OF CRIMINOLOGY
(EDWIN SUTHERLAND)
 Body of knowledge regarding crime as a social
phenomenon
 It includes within its study are the:

 Processes of making laws (sociology of law)

 Of breaking laws (etiology of crime)

 And the reactions toward the breaking of the laws


(penology)
VARIOUS STUDIES AND SCIENCE
RELATED TO CRIMINOLOGY

1. study of law
2. science of medicine, chemistry and
psychology
3. religion
4. education
5. social work involving sociology and
psychology
6. public administration
NATURE OF CRIMINOLOGY

1. it is an applied science

2. it is a social science

3. it is dynamic

4. it is nationalistic
Branches of Criminology
A. CRIMINAL DEMOGRAPHY- study of the
relationship between criminality and
population.

B. CRIMINAL EPIDIOMOLOGY- study of the


relationship between environment and
criminality.

C. CRIMINAL ECOLOGY- study of criminality in


relation to spatial distribution in a community.

D. CRIMINAL PHYSICAL ANTHROPOLOGY- study


of criminality in relation to physical
constitution of men.
E. CRIMINAL PSYCHOLOGY- study of human
behavior in relation to criminality.

F. CRIMINAL PSYCHIATRY- study of human mind


in relation to criminality.

G. CRIMINAL VICTIMOLOGY - deals with the


victimization of crime which is considered by
political society as any act or omission
punishable by law.
FUNDAMENTAL STUDY OF CRIMINAL LAW
Criminal or penal law is that branch of public law
which defines, crimes, treat of their nature, and
provides for their punishment.

NOTE: The Revised Penal Code is the book that


contains the PHILIPPINE CRIMINAL LAW and likewise,
it is embodied in different special laws and decrees
which are penal in nature

JANUARY 1, 1932 - effectivity date of the Revised


Penal Code
PRINCIPAL PARTS OF
THE REVISED PENAL CODE

1. Article 1 to 20 – Principles affecting criminal


liability

2. Article 21 to 113- Provisions on penalties


including criminal and civil liability.

3. Article 114 to 367- Felonies define under


different titles.
CHARACTERISTIC OF THE CRIMINAL LAW

1. It is general in application
2. It is territorial in character
3. It is specific and definite
4. It is uniform in application
5. It must be prospective
6. There must be a penal sanction or
punishment
IMPORTANT THEORIES IN CRIMINAL LAW
1. THE CLASSICAL THEORY- Characteristics:
a. the basis of criminal liability is human free will
and purpose is retribution.
b. that man is essentially a moral creature with an
absolute free will to choose between good and
evil, thereby placing more stress upon the effect
or result of the felonious act than upon the man,
the criminal himself.
c. it has endeavored to establish a mechanical and
direct proportion between crime and penalty.
d. there is a scant regard to human element.
IMPORTANT THEORIES IN CRIMINAL LAW
 The Neo (new)- Classical School
 With the earlier mentioned criticisms and
disadvantages of the Classical School of Criminology,
thinkers of that era began to suggest solutions to the
negative possibilities of the Classical theories.
 This modification in Criminological thinking became the
Neo- Classical School.
 This school of thoughts began during the French
revolution.
THE POSITIVIST THEORY - CHARACTERISTICS:

a. that man is subdued occasionally by strange and


morbid phenomenon which constrains him to do wrong,
in spite of or contrary to his violation.
b. that crime is essentially a social and natural
phenomenon, and as such, it cannot be treated and
checked by the application of abstract principles of law
and jurisprudence nor by the imposition of a
punishment, fixed and determined a prior but rather
through the enforcement of individual measures in
each particular case after a thorough, personal and
individual investigation conducted by a competent body
of psychiatrists and social scientists.
FELONIES AND CRIMES

CRIME is also defined as an act committed or


omitted in violation of a public law forbidding or
commanding it.

CRIME is also defined as an act that violates the law


of the law of the nation.

FELONIES are acts and omissions punishable by


revised penal code.

They are committed not only by means of deceit


(dolo) but also by means of fault (culpa) (Art. 3,
RPC).
ELEMENTS OF A FELONY
1. There must be an act or omission
2. The act of omission must be voluntary
3. It must be punishable by law
LEGAL CLASSIFICATION OF CRIMES OR FELONIES
1. As to the manner crimes are committed
a. by means of dolo or deceit
b. by means of culpa or fault
2. As to the stages in the commission of crime
a. attempted crimes
b. frustrated crimes
c. consummated crimes
3. As to the plurality of crimes
a. simple crime
b. complex crime
4. As to the gravity of penalty or offense
a. grave felonies
b. less grave felonies
c. light felonies
5. As to the basis of criminal acts
a. crimes against persons
b. crimes against property
c. crimes against chastity
d. crimes against public order
CRIMINOLOGICAL CLASSIFICATION OF CRIMES
1. As to the result of crimes
a. acquisitive crime - when the offender
acquires something as a consequence of
his criminal act
CRIMINOLOGICAL CLASSIFICATION OF CRIMES
1. As to the result of crimes
b. extinctive crime - when the end result
of a criminal act is destructive
2. As to the time or period committed
a. seasonal crime - those committed
only during a certain period of the year
like violation of tax law
4. As to the place of location of the
commission
b. continuing crime – those that can be
committed in several places.
5. As to the use of mental faculties
a. rational crimes – those committed with
intention and offender is in full possession
of his sanity
5. As to the use of mental faculties
b. irrational crimes – those committed by
persons who do not know the nature and
quality of his act on account of the
disease of the mind.
6. As to the type of offenders
a. white collar crimes – those committed
by person of respectability and of upper
socio-economic class in the course of their
occupational activities
6. As to the type of offenders
b. blue collar crimes - those committed
by ordinary professional criminals to
maintain their livelihood.
7. As to the standard of living of
the criminals
a. Crimes of the upper world -
falsification cases
b. Crimes of the underworld – bag
snatching
WHEN DOES CRIME EXIST?

In the legal viewpoint crime exist when


the person has been proven guilty by
the court.
In the scientific point of view crime
exists when it is reported.
Between Crime and Sin

a. Crime is an act or omission against


the penal law of a state while sin is an
act or omission against the spiritual or
divine law.

b. Upon conviction for a criminal act,


the penalty is imposed during the
lifetime of the person, while the penalty
for sinful act is imposed in the life
thereafter.
Between Crime and Immorality

a. Crime is committed against the law of


the state while immorality is committed
against the unwritten social norms of the
locality

b. Crime is fixed by statutes, while


immorality is not.

c. Crime is nationalistic while immorality is


regionalistic.
STUDY OF CRIMINALS
 In the legal sense, criminal is any
person who has been found to have
committed a wrongful act in the course
of the standard judicial processes. There
must be a final verdict of his guilt.
 In the criminological sense, a person is
already considered a criminal the
moment he committed any anti-social
act.
DISTINCTION BETWEEN CRIMINAL
AND DELINQUENT

A criminal is a person who has violated the penal


law and have been found guilty of the crime
charges upon observing of the standard judicial
procedure while a delinquent is a person who
merely committed an act not in conformity with
the norms of society.
Examples of delinquency
a. waywardness of children
b. street corner gang
c. children out of parental control
d. school drop outs without justifiable
reasons
GENERAL CLASSIFICATION OF CRIMINALS
1. On the basis of etiology
a. Acute criminals –persons who violate
laws because of the impulse of the
moment, fit of passion or anger or spell of
extreme jealousy.
b. Chronic criminals – persons who acted in
consonance with deliberated thinking
such as :
1. Neurotic criminals – person whose
actions arise from intra psychic conflict
between the social components of his
personality (kleptomania)
2. Normal criminals – persons whose psychic
organization ensembles that of normal
individuals except that the identified himself
with criminal prototype.
3. Criminality - caused by an organic
pathological process.
2. On the basis of behavioral system
a. Ordinary criminals- the lowest form of
criminal career. They engaged only on
conventional crimes which require limited skill.
b. Organized criminal – has high degree of
organization to enable them to commit crimes
without being detected and committed to
specialized activities which can be operated in
large scale business.
c. Professional criminal – are highly skilled
and able to obtain considerable amount of
money without being detected because of
organization and contract with other
professional criminals.
3. On the basis of activities
a. Professional - those who earn their living
through criminal activities
b. Accidental - those who commit criminal
acts as a result of unanticipated
circumstances
c. Habitual – those who continue to
commit criminal acts of such diverse
reason due to deficiency of
intelligence and lack of self control
d. Situational - those who are
actually not criminals but constantly
in trouble with legal authorities
4. On the basis of mental attitudes
 Active aggressive criminals – those who
commit crime in an impulsive manner usually
due to the aggressive behavior of the
offender.
 Passive inadequate criminals – those who
commit crimes because they are pushed to it
by inducement, by reward or promise without
considering its consequence.
 Socialized delinquents – those who are normal
in their behavior but merely defective in their
socialization process.
TYPES OF EXPLANATION TO
CRIMINAL BEHAVIOR
Single or Unitary Cause –
Crime is produced only by one factor or
variable, be they social, biological or
mental. This theory is no longer use at
present.
Multiple Factor Theory –
Crime is not a product of a single cause or
factor but a combination of several
factors. Some factors are playing a major
reason while the others are playing the
minor role. This is the accepted theory of
causation.
Eclectic Theory –
Crime in one instance maybe caused
by one or more factors , while in other
instances it is caused by another set of
factors.
EARLIER EXPLANATIONS TO THE EXISTENCE OF
CRIMINALITY
The explanation that crime is caused by demon
Accordingly, men commit anti-social acts
because the demons, spirits, or someone from the
“other world”, instructed, forced, or pushed them
to do so. This belief is true during the pagan age
when any wrongful act of men is attributed to the
will of devils or other supernatural beings. To free
men from the evil spirits, people resorted to
rituals to drive the evil spirits and to avoid them
from being under their influence and control.
The explanation that crime is caused by divine will

 Men manifest criminal behavior because they are


sinful so God wants to punish them.

 During the ancient period, criminals are given the


right of sanctuary whereby they can seek refuge in
the temples of God so that they will be free from
prosecution and punishment.

 Early American system of prison management does


not allow inmates to talk with one another or
prisoners are place in a single cell so as to give them
more opportunity to ask for forgiveness from God.
The explanation that crime is the
result of the free will of men
(Classical School of Thought by BECARRIA)
with intelligence and rationality, which
control their behavior. Before men do something
(commit crimes), they try to determine the amount
of pain they will suffer and the amount of pleasure
they will receive. Their future actions will depend
on the algebraic sum of the two considerations if
there will be more pain than pleasure, they will
desist from doing the act, but if pleasure will
exceed the pain, they will carry on their plan to
commit the unlawful act. Finally, crime is caused by
the rational effort of men to augment their pleasure
and to minimize their pains.
The explanation that crime is the result of the free will
of men but were committed due to
some compelling reasons prevailed (Neo-classical
School of Thought).
This explanation accepts the fact that crimes are
committed in accordance with the free will of men
but the act of committing a crime is modified by
some causes that finally prevail upon the person to
commit crimes. 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
The explanation that criminals are born (Positive
School of Thought) by Cesare Lombroso,
1835~1909.
According to Cesare Lombroso, who is now
considered the father of modern criminology,
criminals are born with some physical
characteristics which become the causes of
crimes. He advanced the following
explanations to such causes:
 That there is a distinct born criminal type;
 That this type can be identified by certain
stigmata or anomalies;
That the stigmata are not the causes of crime
but rather the symptoms of atavism or
reversion of his body to his ape-like
ancestors;

That his atavism and degeneracy of the body


are the causes of the crime; and;

That the person who is born criminal type


cannot refrain from committing crime unless he
lives under exceptionally favorable
circumstances
Mala in se - acts which are thought to be
wrong in and of themselves.
- which are viewed as inherently bad
(e.g., rape, murder)
Mala prohibita - acts which are wrong only
because society says they are.
- are not inherently bad but viewed as
wrong simply because the law says so (e.g.,
mistreating an oyster)
EARLY SOURCE OF CRIMINAL LAW
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
Highlights of the Code of Hammurabi
 compensation to the victim of a robbery by the authorities
of the city in which the robbery occurred if the thief was
not caught
 the killer is answerable not to the family of the victim but
to the king
 death was the penalty for robbery, theft, false witness,
building a house that falls on its owner
 (if the house should collapse and kill the owner’s son, the
son of the builder would be the one executed)
 a son who struck his father would suffer the amputation
of a hand
 if in an assault a victim’s bone was broken, the same
bone of the assailant would be broken
2) THE HITTITES
- the Hittites existed about two centuries after Hammurabi
and eventually conquered Babylon

Highlights of the laws of the Hittites


- capital punishment was used for many offenses, except for
homicide or robbery
- rape, sexual intercourse with animals, defiance of the
authority and sorcery were all punishable by death
- the law of homicide provided for the restitution to the victim’s
heirs
- law enforcement and judicial functions were placed in the
hands of commanders of military garrisons
3) CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the
seventh century BC

Highlights of the Code of Drakon


- death was the punishment for almost every
offense
- murderers might avoid execution by going into
exile; if they return to Athens, it was not a crime
to kill them
- death penalty was administered with great
brutality
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
Highlights of the Laws of Solon:
- the thief was required to return stolen
property and pay the victim a sum equal to
twice its value
- for the crime of temple robbery, the penalty
was death
- for rape of a woman, the penalty was a fine
of certain amount
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
Highlights of the Twelve Tables:
 if a man break another’s limb and does not
compensate the injury, he shall be liable to
retaliation
 a person who committed arson of a house or a
stack of corn shall be burned alive
 judges who accepted bribes as well as those who
bribed them were subject to execution
 any act of treason was punishable by crucifixion
6. Common Law
- forms the basis for much of our
modern statutory and case law.
It has often been called the major
source of modern criminal law. Common
law refers to a traditional body of
unwritten legal precedents created
through everyday practice and supported
by court decision during middle ages in
English society.
7. The Magna Carta
- (literally,” great charter “) is another
important source of modern laws and
legal procedure, signed on June 15, 1215
by King John of England at Runnymede.
The Enlightenment also called the Age of
Reason
1. Thomas Hobbes (1588-1679)
Social contract - the enlightenment era
concept is human beings abandon their
natural states of individual freedom in order
to join together and form society. Although
in process of forming a social contract,
individuals surrender some freedoms to
society as whole government, once form is
obligated to assume responsibilities of
providing protection and and ensure the
well-being of the citizens.
2. John Locke (1632-1704)

Human Understanding (1690)


 natural human condition at birth is akin to
that of blank state upon which interpersonal
encounters and other experiences indelibly
inscribe the traits of personality
 In contrast to earlier thinkers, who assumed
that people are born with certain innate
propensities and even rudimentary intellectual
concepts and ideas Locke ascribed the bulk of
adult human qualities to life experiences.
Jean Jacques Rousseau (1712-1778)
 Social contract
 human beings are basically good and fair in
their natural state
 but historically were corrupted by the
introduction of shared concepts and joint
activities such as property, agriculture,
science and commerce
 As a result, social contract emerged when
civilized people agreed to establish
government and system of education to
correct problems and inequalities.
THE CLASSICAL SCHOOL
 a criminological perspective operative in
late 1700s and early 1800 that had its root in
the enlightenment
 men and women are rational beings
 that crime is the result of the exercise of
the free will
 that punishment can be effective in
reducing
the incidences of crime since it negates the
pleasure to be derived from crime
commission.
FORERUNNERS OF CLASSICAL THOUGHT
Cesare Beccaria (1738-1794)
 Cesare Beccaria (whose Italian name was
Cesare Bonesana, but who held the title
Marchese di Beccaria).
 Essay on Crimes and Punishment (purpose
of punishment should be deterrence
rather than retribution)
 Crime prevention was more important
than revenge.
 Punishment should fit the crime
Jeremy Bentham (1748-1832)

- Nature has placed mankind under the governance


of two sovereign masters, pain and pleasure.

- Hedonistic calculus or utilitarianism – behavior


holds value to any individual undertaking it according
to the amount of pain or pleasure that it can be
expected to produce for that person.

- Eleven different kinds of punishment, capital,


afflictive, indelible, ignominious, penitential, chronic,
restrictive, compulsive, pecuniary, quasi-pecuniary
and characteristic.
Creation of a centralized police
force focused on crime prevention and
control- English Metropolitan Police Act
of 1829, London’s New Police- Sir
Robert Peel.
Panopticon- a prison which is a
circular building with cells along the
circumference, each clearly visible
from a central location staffed by
guards.
HERITAGE OF THE CLASSICAL SCHOOL
1. The Principle of Rationality – free will

2. The Principle of Hedonism – pain and


pleasure

3. The Principle of Punishment

4. The Human Rights Principle

5. The Due Process Principle


NEOCLASSICAL CRIMINOLOGY
It emphasizes deterrence and
retribution with reduced emphasis on
rehabilitation.
Social contract and determinate
sentencing
Specific deterrence - a goal of
criminal sentencing which seeks to
prevent a particular offender from
engaging in repeat criminality.
General deterrence - a goal of criminal
sentencing which seeks to prevent
others from committing crimes similar
to the one for which a particular
offender is being sentenced.

Just desert – “she got what her due, he


got what was coming to him”
offenders deserve the punishment
they receive at the hands of the law.
POSITIVIST CRIMINOLOGY
 Positive theorists were the first to claim the
importance of looking at individual difference
among criminals. 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.
Cesare Lombroso
 Atavism, criminals are physiological throwbacks to
earlier stages of human evolution
Three (3) classes of criminals:
 born criminals – individuals with at least five (5) atavistic
stigmata
 insane criminals – those who are not criminals by birth; they
become criminals as a result of some changes in their brains
which interfere with their ability to distinguish between right
and wrong
 criminaloids - those with make up of an ambiguous group
that includes habitual criminals, criminals by passion and
other diverse types
Massachusetts criminals – thick
beards, red brown hair, dark
brown, green brown and blue gray
eyes, narrow face and jaw, broad
high nasal roots and bridges, thick
nasal lip, etc.
FACTORS AFFECTING DEVELOPMENT AND EXISTENCE OF
CRIMES AND CRIMINALITY

GEOGRAPHICAL FACTORS
BIOLOGICAL FACTORS
PSYCHOANALYTIC AND PSYCHIATRIC FACTORS
SOCIOLOGICAL FACTORS
OTHER CRIMINOGENIC FACTORS
THE GEOGRAPHICAL FACTORS

Earlier criminologists correlated


climate, humidity, wind velocity,
atmosphere pressure, rain fall, nature
of soil and other geographical factors
to the existence and development of
crimes and criminality.
North and South Pole –
According to Quetelet’s “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.
Approach to the Equator
According to Montesquieu (Spirits of
laws, 1748) criminality increases in proportion
as one approaches the North and South Pole
Season of the Year –
Crimes against persons are more
in summer than in rainy season while
crimes against property are more
during rainy season. Climatic condition
directly 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 probability of
personal violence.
Soil Formation –
More crimes of violence
are recorded in fertile level lands
than in hilly rugged terrain. There
are more congregations of people
and there is more irritation. There
is also more incidence of rape in
level districts.
Month of the Year
There are 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 sorts of festivities wherein
people are more in contact with one
another.
Temperature
According to Dexter, the
number of arrests increases quite
regularly with the increase of
temperature. 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.
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 vitally and emotionally
depressing to the individual.
Wind Velocity
Under the same study, it was
explained that during high wind,
the number of arrests are less. It
maybe due to the presence of more
carbon dioxide in the atmosphere
that lessen the vitality of men to
commit violence
MAJOR PRINCIPLES OF BIOLOGICAL THEORIES
The brain is the organ of the mind and
the locus of personality. In the words of the
well-known biocriminologist Clarence Ray
Jeffrey, “The brain is the organ of
behavior; no theory of behavior can ignore
neurology and neurochemistry.”
The basic determinants of human
behavior, including criminal tendencies,
are, to a considerable degree,
constitutionally or genetically based.
Observed gender and racial differences in rates
and types of criminality may be at least partially
the result of biological differences between the
sexes and/or between racially distinct groups

The basic determinants of human behavior,


including criminality, may be passed on from
generation to generation. In other words, a
penchant for crime may be inherited.

Much of human conduct is fundamentally


rooted in instinctive behavioral responses and
characteristic of biological organism everywhere.
GIAMBATTISTA DELA PORTA (1535-1615)

 Italianphysician who founded the school


of human physiognomy, the study of facial
features and their relation to human
behavior; the study of judging a person’s
character from facial features to determine
whether the shape of the ears, nose and
eyes and the distances between them
were associated with anti-social behavior
JOHANN KASPAR LAVATER (1741-1801)
 Swisstheologian who believed that
people’s true characters and inclinations
could be read from their facial features
Physiognomy
This is the study of the relationship
between the facial features and human
conduct of a person in relation to his crimes.

Phrenology or Craniology – Franz Joseph Gall


(1758-1828)
This is the study of the external
formation of the skull that indicates the
formation of the brain and the development
of its various parts in relation to the
behavior of the criminal.
CHARLES GORING
- also studied phrenology or craniology which deals with the
study of the external formation of the skull indicating the
conformation of the brain and the development of its
various parts which is directly related to the behavior of
the criminal
- criminal characteristics were inherited and recommended
that people with such characteristics should not be
allowed to reproduce
- people with epilepsy, insanity and feeblemindedness were
among those who should not be allowed to have children
JOHANN KASPAR SPURZHEIM (1776-1832)
 German phrenologist who was the assistant of
Gall
 he was the man most responsible for popularizing
and spreading phrenology to a wide audience
Study of Physical Defects & 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 “Dorong Pilay”, “Asiong
Bingot”, “Densiong Unano”, “Roger
Komang” and others.
PHYSIOLOGY OR SOMATOTYPE
 this refers to the study of the body build of a
person in relation to his temperament and
personality and the type of offense he is most
prone to commit.
 this study which searches the relationship of body
build to behavior became popular during the first
half of the twentieth century.
Study of Kretschmer by classifying types
of physique and the 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 usually connected with
crimes of violence.
c. Asthenic type:
Those who are skinny and slender.
Their crimes are petty thievery and
fraud.

d. Dysplastic or mixed type:


Those who are less clear evident
having any predominant type. Their
offenses are against decency and morality.
Study of William Sheldon ( Varieties of
Delinquent Youth )
Types of Physique
 Endomorphic – relatively great
development of digestive viscera;
tendency to put on flat; soft roundness
through various regions of the body; short
tapering limbs; small bones; smooth
velvety skin.
 Mesomorphic – relatively predominance of
muscles, bone and the motor organs of the
body; large wrists and hands, if lean a hard
rectangular outline.
Ectomorphic – relatively
predominance of skin and its
appendages which includes the
nervous system; lean, fragile,
delicate body, droopy shoulders
small face, sharp nose, fine hair,
relatively small body mass and
relatively great surface area.
VARIOUS STUDIES OF 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 faulty development of the
child during the first few years of his life.
 As child the human being normally follow
only his pleasure impulses instinctively.
 Soon he grew up and finds some restrictions
to this pleasure impulses which he must
control.
 Otherwise he suffers from faulty ego
development and become delinquent.
SIGMUND FREUD (The Ego and The Id., 1927) in
his psychoanalytical theory of human
personality and crimes, has the following
explanations.
“Id” are impulses or instinct of social drives.
(Pleasure principle)
“Ego” – this forms part of man’s physical
organization between his sensory stimuli on
one hand and his motor activity on the other.
The ego operates on the basis of expediency.
(Reality principle)
“Super Ego” means the conscience of man.
Internal Inhibition –
 It refers to all types of internal forces
which may prevent a person from
committing a crime.
 These forces may be the persons’
conscience or his principles, or his
sense of self-respect, or the particular
conception he has of himself of a
sense of guilt or remorse that he may
experience if he commits certain
actions.
External Inhibition –
 This refers to all types of external forces
which may prevent an individual from
committing crime.
 These forces may be produced by the
thought that the person may get caught if
he commits the crime, or sentenced to
prison for a given number of years, or
disgraced in the community, or punished in
some other ways.
Contact with Reality –
This refers to the extent to which a person
can learn from his past experiences, especially
his past mistakes, as well as to the extent to
which he can evaluate accurately the present
situation and foresee the consequence of his
present action in relation to his future.
Situational Crime Potential-
This refers to the cultural opportunity to
commit the crime, that is to the easiness or
possibilities to commit a crime offered by a given
place, situation, person or environment.
Potential Satisfaction –
This refers to the balance of gain and loss
that a person may experience if he commits a
given crime.
MENTAL DISTURBANCES AS
CAUSES OF CRIMES

1. Mental deficiency - a condition of


arrested or incomplete development
of the mind existing before the age of
18, whether arising from inherent
causes or induced by disease or injury
Classes:
1. Idiots – unable to guard themselves against
common physical danger.
- mentality of a 2 year old person
2. Imbecile – incapable of managing
themselves.
- mentality of a child of 2 to 7 years old.
3. Feeble minded - require care, supervision and
control for their own or for the
protection of others.
4. Moral defectiveness - mental defect coupled
with strong vicious or criminal
propensities.
2. Schizophrenia - dementia praecox – form of
psychosis characterized by thinking disturbance and
regression.
3. Compulsive neurosis – uncontrollable or
irresistible impulse to do something.
a. Pyromania – compulsive desire
to set fire
b. Homicidal compulsion –
irresistible urge to kill somebody
c. Kleptomania – compulsive
desire to steal.
d. Dipsomania -compulsive desire
to drink alcohol
4. Psychopathic personality – infantile level
of response, lack of conscience, deficient
feeling of affection to others.
5. Epilepsy – convulsive seizures and a
tendency to mental deterioration.
a. Grand Mal – complete loss of consciousness
and general contractions of the muscles
b. Petit Mal – mild or compulsive loss of
consciousness and contraction of muscles
c. Jacksonian type – localized contraction of
muscles with or without loss of consciousness.
6. Alcoholism
7. Drug addiction
Subculture of Violence
 Marvin Wolfgang and Franco Ferracuti
explained the existence of areas and
groups with disproportionately high
violence rates by suggesting a subculture
of violence.
 Even though the subculture’s members
share some of the values of the dominant
culture, they expect that violence will be
used to solve social conflicts and
dilemmas.
 In some cultural subgroups, violence has
become legitimized by custom and norms.
 It is considered appropriate behavior with
culturally defined conflict situations in
which an individual has been offended by
a negative outcome in a dispute and seeks
reparations through violent means
(disputatiousness).
SOCIOLOGICAL CAUSES

1. That criminal behavior is learned in


the process of association with other
persons.
- negates the theory that criminal
behavior is inherited.

2. That criminal behavior is learned in


the process of communication with other
persons.
3. That the principal part of learning
occurs within the intimate personal
group.
4. That upon learning criminal
behavior, the criminal learns the
technique of committing crimes, its
motives, drives and rationale.
5. The learning process may vary in
frequency, duration, priority and
intensity.
THEORIES ON SOCIOLOGICAL
CAUSES OF CRIMES

1. Differential Identification Theory by


Daniel Glaser
- identify himself with real or
imaginary persons from whom perspective
his criminal behavior seems acceptable.
- not intimate personal association,
with characters in movies, radio, television
2. Imitation suggestion theory by Gabriel Tarde
- copying (imitation) or unconscious copying
(suggestion)
 the Theory of Imitation is explained by the
following patterns:
a) Pattern 1: individuals imitate others in
proportion to the intensity and frequency of
their contact
b) Pattern 2: inferiors imitate superiors
c) Pattern 3: when two behavior patterns
clash, one may take the place of the other
3. Differential Social Organization Theory
- disorganization, breakdown, changes,
conflict of values between the new and
the old, lack of well defined limit to
behavior
4. Conflict of Culture Theory by Thorsten
Sellin (clash of values between variously
socialized groups over what is acceptable or
proper behavior)
Ecological Theory or Chicago School -
demographic and geographic aspects of
groups and sees the social disorganization
which characterizes delinquency areas as a
major cause of criminality and of
victimization
Social Learning

 According to social learning theorists, like Albert


Bandura, people are not actually born with ability to
act violently but that they learn to be aggressive
through their life experiences.
 People learn to act aggressively when, as children,
they model their behavior after the violent acts of
adults.
 Violence is learned through a process called behavior
modeling.
 Aggressive acts are usually modeled after three
principal sources:
 family members,
 environmental experiences, and
 mass media.
 The family members are the most prominent models.
Differential Association

 Edwin H. Sutherland introduced the theory of


differential association in the 1939 edition of
Principles of Criminology.
 Criminal behavior patterns are acquired
through processes of interaction and
communication just as are other behavior
patterns.
 Individuals acquire criminal behavior patterns
because they are exposed to situations in
which the learning of definitions favorable to
lawbreaking outweighs the learning of
definitions unfavorable to lawbreaking.
The theory as a whole consists of the following nine
statements or propositions:
1. Criminal behavior is learned.
2. Criminal behavior is learned in interaction with other
persons in a process of communication.
3. The principal part of the learning of criminal behavior
occurs within intimate personal groups.
4. When criminal behavior is learned, the learning includes
(a) techniques of committing the crime, which are
sometimes very complicated, sometimes very simple;
and (b) the specific direction of motives, drives,
rationalizations, and attitudes.
5. The specific directions of motives and drives is learned
from definitions of the legal codes as favorable or
unfavorable.
6. A person becomes delinquent because of an
excess of definitions favorable to violations of
law (the principle of differential associations).
7. Differential association may vary in frequency,
duration, priority, and intensity.
Modifications of Differential Association Theory
Daniel Glaser proposed for :
 Sutherland’s theory be reconceptualized to place
greater emphasis on the identification process that
go in all forms of interaction between an individual
and the environment.
 The term differential identification is used to
identify the core process in Glaser’s scheme. “A
person,” he argues, “pursues criminal behavior to
the extent that he identifies himself with real or
imaginary persons from whose perspective his
criminal behavior seems acceptable.
 Glaser acknowledges the possibility
that portrayal of criminal roles in mass
media is linked with the adoption of
criminal behavior patterns.
Robert Burgess and Ronald Akers
 attempted a restatement of the theory
based on a body of modern learning theory
asserting that behavior is learned through a
process called operant conditioning.
 Applied to criminal behavior, the operant
conditioning theory asserts that people
engage in crime because it has been more
highly reinforced in the past than other
behavior.
SELF-CONCEPT IN CRIMINOLOGY
Walter Reckless has pursued the argument that the
individual confronted by choices of action feels a
variety of “pulls” and “pushes.”
 The pulls are environmental factors --- such as
adverse living conditions, poverty, lack of legitimate
opportunities,
 The pushes take the form of internal pressures ---
hostility, bio-psychological impairments,
aggressiveness, drives, or wishes --- that may also
divert the individual away from actions supported by
dominant values and norms.
In Reckless’s view, the inner control
system, provides a person with the
strongest defense against delinquency
involvement.
 what insulates a boy against
delinquency in a high delinquency area,
 a good self-concept, undoubtedly a
product of favorable socialization,
veers slum boys away from
delinquency,
 while a poor self-concept, a product of
unfavorable socialization, gives the slum
boy no resistance to deviancy,
delinquent companions, or delinquent
subculture.
 The components of the self strength,
such as favorable concept of self, act as
an inner buffer or inner containment
against deviancy, destruction, lure, and
pressures.”
The Labeling Process
 crime is nothing more than a label attached
to conduct and people and that what need
to be explained are variations in labeling
behavior.
 Frank Tannenbaum pointed out that
society’s efforts at social control may
actually help create precisely what those
efforts are meant to suppress: crime.
By labeling individuals as “delinquents” or
“criminals,” and by reacting to them in a
punitive way, the community encourage
those individuals to redefine themselves in
accordance with the community’s
definition.
 A change in self-identification (or self-
concept) may occur, such that individuals
“become” what others say they are.
 Societal reactions to crime and delinquency help
turn individuals away from an image of themselves
as basically “straight” and respectable and toward
an image of themselves as deviant.
Conflict, Authority, and Power
Charles McCaghy points out:
 “Basic to any conflict perspective is the assumption
that whichever groups can exert the greatest
influence on the legislative and the enforcement
processes are most assured that their interest will be
protected.
 What is illegal depends upon the outcome of
struggles between concerned parties.
 Who is treated as criminal depends upon the
bureaucratic interpretation of both law and
behavior.”
Anomie Theory
 One way of studying a society is to look at its
component parts in an effort to find out how
they relate to each other.

 In other words, we look at the structure of


a society to see how it functions.

 If the society is stable, its parts operating


smoothly, the social arrangements are
functional.
 Such a society is marked by
cohesion, cooperation, and
consensus.
 If the component parts are
arranged in such a way as to
threaten the social order, the
arrangements are said to be
dysfunctional.
Emile Durkheim developed the anomie
theory.
 He defines anomie (normlessness) as the
breakdown of social order as a result of
the loss of standards and values.
 Crime to him is normal. When a simple
society develops into a modern,
urbanized one, the intimacy needed to
sustain a common set of norms declines.
 Groups become fragmented, and in the
absence of a common set of rules, the
actions and expectations of people in
one sector may clash with those in
another. As behavior become
unpredictable, the system gradually
breaks down, and the society is in a
state of anomie.
Strain Theory

Robert Merton borrowed the term anomie


from Durkheim.

 The real problem, according to Merton, is


created not by sudden social change, as
claimed by Durkheim, but by a social
structure that holds out the same goals to
all its members without giving equal means
to achieve them.
Merton’s strain theory emphasizes the
importance of two elements in any society:
(1) cultural aspirations, or goals that people
believe are worth striving for; and (2)
institutionalized means or accepted ways to
attain the desired ends. Disparity between
goals and means fosters frustration, which
leads to strain.

Strain Theory assumes that people are law-


abiding, but under great pressure they resort
to crime.
ENRICO FERRI
- a member of the Italian parliament
- he believed that criminals could not be held
morally responsible because they did not
choose to commit crimes but was driven to
commit them by conditions of their lives
Modes of Adaptation. Not everyone who is
denied access to the society’s goals becomes
deviant. People’s responses (modes of
adaptation) depend on their attitudes toward
their cultural goals and the institutional means to
attain those goals.

Conformity is the most common mode of


adjustment. Individuals accept both the
culturally defined goals and the prescribed means
for achieving those goals.

Innovation is chosen by those who accept


society’s goals, but since they have few
legitimate means to achieve them, they innovate,
or design their own means to get ahead.
CRIMINAL PSYCHOLOGY

 Study of the wills, thoughts, intentions and


reactions of criminals
 What makes someone commit crime and also
the reactions after the crime, on the run or
in court
 Major part – offender profiling

 Began in 1940, Walter C. Langer- profile of


Adolf Hitler
 Offender profiling is a method of
identifying the perpetrator of a crime
based on an analysis of the nature of the
offense and the manner in which it was
committed.
 Phases of Profiling
 GreggO. McCrary – basic premise is that
behavior reflects personality
 a. Antecedent – what fantasy of plan, or both, did
the murderer have in place before the act?
 b. Method and Manner –what type of victim or
victims did the murderer select?
 c. Body Disposal – did the murder and body disposal
take place in all at one scene, or multiple scenes?
 d. Post offense behavior – is the murderer trying to
inject himself into the investigation by reacting to
media reports or contacting investigators?
 Sexual crime – is also analyzed in much the same
way (keep in mind that homicide is sometimes a
sexual crime), but with the additional information
that comes from a living.
 Serial Killer – a person who kills several people one
after the other, seemingly in a random fashion
 killers mind
 similar physical appearances
 dysfunctional family
 Suffer from complex emotions
 Kill compulsively –power or sexual urges
 Rich imaginary life – superior and powerful, women are
attracted to them, successful people
 Jack the Ripper – responsible for the murders
of prostitutes from the Whitechapel Area of
London in 1888
 Ed Gein – famous serial killer
 Skin his victims, exhume corpses
 Decorate his home with body parts

 Skin is use to make clothes and furniture items


 The Zodiac Killer – five known murders in North
Carolina
 Taunting sign of a crosshair like symbol
 Men and women between the ages of 16 and 29
 Decode messages
 Charles Manson – re-defined evil
 Leader of a hippie cult in San Francisco called as “The
Family”
 Men and women who rebel against their parents
 Drugs and convinced to go on killing rampages to orb the
wealthy
 Messages soaked in blood of the victims written on the walls of
the house
 Ted Bundy – one of the most notorious serial
killers in history
 Rape and murder of several women bet 1974 and
1978
 Educated and charming

 Either rape then kill or kill then rape

 Strangulation or bludgeoning

 David Berkowitz – “Son of Sam”


 Killing six women (.44 caliber pistol)
 Notable Profilers
 Thomas Bond

 Studied the personality of Jack the Ripper

 Sexual nature of the murders

 Five murders of seven in the area at the same time


the report was written had been committed by one
person alone (physically strong, composed and
daring)
 Unknown offender would be quiet, harmless in
appearance, possibly middle aged and neatly
attired, loner, no real occupation
 Satyriasis – a sexual deviancy aka hypersexuality or
promiscuity
 No anatomical knowledge and not a surgeon or
butcher.
THANK YOU

GOODLUCK

GODSPEED

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