Introduction To Criminology

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INTRODUCTION TO

CRIMINOLOGY
Rhea Mae Aratan RCrim
At the end of the course you can…

▪ 1.1 Describe, explain and use the theories in explaining the etiology of crime, criminal
behavior, deviant behavior, and human behavior.

▪ 1.2. Interpret and differentiate the fundamental concepts of Law, Crime, Criminology,
Criminal Justice, Deviance, and Delinquency.

▪ 1.3 Distinguish Typologies of crimes, criminals, and offenders.

▪ 1.4. Understand and design the concepts of punishment, sentencing and rehabilitation;
Allied Discipline/fields of Criminology.

▪ 1.5. Recognize and appraise The Philippine Criminology Profession and career paths versus
criminologists in other countries.
What is CRIMINOLOGY ?
What is CRIMINOLOGY ?

▪ 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 is a body of knowledge regarding crimes, criminals
and the efforts of society to prevent and repress them.
▪ the scientific 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
What is CRIMINOLOGY?

▪ Criminology is the scientific study of criminals,


criminal behavior and its causes. Criminologists
attempt to build theories that explain why
crimes occur and test those theories by
observing behavior. Criminological theories
help shape society’s response to crime both in
terms of preventing criminal behavior and
responding to it after it occurs.
CRIMINOLOGIST (RA 6506)

- 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).
Origin of the word “Criminology”

▪Etymologically, the term criminology


came from the Latin word “crimen”
meaning crime and Greek word
“Logos” which means “to study”.
In 1885, Rafael Garofalo,
an Italian Law Professor
coined the
term criminologia.
In 1889, Paul Topinard,
French Anthropologist,
used the term criminology in
French
criminologie for the first time
Criminology is the study of crime and its
various aspects.

According to Edwin Sutherland, the father of


the modern criminology, it is the science
regarding crime and delinquency as a social
phenomenon. This is a field that addresses
the issue of crime and criminal behavior and
attempts to define explain and predict it.
Understanding crime is a complicated matter just
like other social broad sciences. It requires
therefore a systematic and balanced knowledge in
the examination of why crime exists.

In this sense, criminology is:


An Applied Science

▪ Anthropology, psychology, sociology and


other natural sciences may be applied in
the study of the causes of crime while
chemistry, medicine, physics,
mathematics, etc. may be utilized in
crime detection.
A Social Science

▪ In as much as crime is a creation of


the society and that it exists in a
society, its study must be considered
a part of social science.
Dynamic

▪ Criminology changes as social condition


changes. That means the progress of
criminology is concordant with the
advancement of other sciences that has
been applied to it.
Nationalistic

▪ It is nationalistic because the study of


criminology takes into consideration the
history, the culture and the social 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.
Criminology is a multidisciplinary study of
crimes. This means that many disciplines
are involved in the collection of knowledge
about criminal action, including, psychology,
sociology, anthropology, biology, neurology,
political science and economics. But over
the years, the study of crime has been
dominated by:
Sociology (Sociological Criminology)

▪ This is 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.
Psychology (Psychological Criminology)

▪ This is 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.
Psychiatry (Psychiatric Criminology)

▪ This is the science that deals with the


study of criminal behavior in terms of
motives and drives; better known today
as forensic psychiatry.
Principal Divisions of
Criminology
Etiology of Crimes
The scientific analysis of the causes of crimes
and the criminal behavior. An individual
perpetrating a crime had no single reason;
hence, there is no single and only explanation
of causes of crimes. A different theory has
evolved in studying the causes of crime such
as Biological, Sociological and Psychological
Theories.
Sociology of Law
Sociology of law entails the importance of
law or the criminal law as a process of formal
social control. Criminal law seeks to protect
the public from harm by inflicting punishment
upon those who are tempted to do harm.
Thus, criminal law often strives to avoid harm
by forbidding conduct that may lead to
harmful results.
Penology
Penology, the study of criminal punishment, is a sub-field of
criminology. Criminologists theorize about why people commit
crimes and deviate from society’s norms of behavior. They also
study how society punishes criminals because different methods of
punishment may cause people to alter their behavior in different
ways. Thus, criminologists devise theories that not only explain
the causes of crime but also address its prevention, control and
treatment.
Today, one more are of concern in Criminology is crime
detection and investigation. Criminologists are also engaged in
studying the criminal things. Forensic Science, sometimes referred
to as Criminalistics, is therefore covered in the broad field of
criminology
IMPORTANCE AND PURPOSES OF
STUDYNG CRIMINOLOGY
Studying criminology is aimed towards the following:
 
1. The primary aim is to prevent the crime problem.
2. To understand crimes and criminals which is basic to
knowing the actions to be done to prevent them.
3. To prepare for a career in law enforcement and
scientific crime detection.
4. To develop an understanding of the constitutional
guarantees and due process of law in the administration
of justice.
5. To foster a higher concept of citizenry and leadership
together with an understanding of one moral and legal
responsibilities to his fellowmen, his community and the
nation.
In reality, there are many and varied
purpose of studying criminology.

However, all these purposes fall on either of


the two (2) primary aims of studying
criminology.
 
1. To understand crimes and criminals.
2. To prevent the occurrence of crime.
In reality, there are many and varied
purpose of studying criminology.

However, all these purposes fall on either of


the two (2) primary aims of studying
criminology.
 
1. To understand crimes and criminals.
2. To prevent the occurrence of crime.
Scope in the Study of
Criminology
1. Study of the origin and development of
criminal law
2. Study of the causes of crimes and
development of criminals
3. Study of the other sciences that examine
criminal behavior using scientific methods
such as:
Criminal Demography – the study of the relationship
between criminality and population

Criminal Epidemiology – the study of the relationship


between environment and criminality
Criminal Ecology – the study of criminality in relation
to the spatial distribution in a community

Criminal Physical Anthropology – the study of


criminality in relation to physical constitution of men.

criminal psychology – the study of human behavior in


relation to criminality
Criminal Psychiatry – the study of human mind in
relation to criminality.

Victimology – the study of the role of the victim


in the commission of a crime
CRIMINAL ETIOLOGY
CHAPTER TWO
WHAT IS 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).
In the legal point of view, it refers to any violation or
infraction of the existing policies, laws, rules and regulations
of the society.

Criminality is a serious problem. This maybe explained


by the following characteristics of crime:
 
1. It does not respect age, sex, culture, customs and
tradition, race, and religion of the society.
2. Crime is a worldwide phenomenon.
3. It occurs in all the existing economic strata.
4. Its causes are multifarious.
5. It is difficult to eradicate.
People cannot avoid offending others.
Some offensive actions are considered
abnormal behavior while some are
classified as crime.

What therefore is the requirement before


an act is considered a crime?
1. An act maybe called crime if there
is a certain external consequence or
harm. Physical injury is the most
obvious external consequence of an
offensive action.
2. The harm must be legally
forbidden and prescribed by
law.
3. There must be a conduct; that is,
there must be an intentional or
reckless action that results to
harmful consequence.
4. “Mens Rea” must be present. refers
to criminal intent. The literal translation from
Latin is "guilty mind." It refers to the state of
mind statutorily required in order to convict a
particular defendant of a particular crime.
5.There must be a fusion or concurrence
of mens rea and conduct.
6. There must be a casual relationship
between the legally forbidden harm and the
voluntary misconduct.
7. There must be legally prescribed
punishment of the misconduct.
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
2. According to the manner of committing crime:

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.

▪ Ex. A man tried to shoot another in the head but hit his shoulder
instead
3. According to the stages in the
commission:
▪ 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.

▪ Ex. Cardo shot another man hitting his head, thinking that the man is
dying, he left him behind to die but, the man survived since he was
brought to the hospital.
3. According to the stages in the
commission:

▪ c. Consummated - when all the elements necessary for


its accomplishment and execution are present

▪ Ex. Cardo shot the head of one man and kills him.
4. According to plurality:

a. Simple Crime – is a single act constituting only one


offense.
▪ Ex. Act of killing – murder
▪ Act of stealing - theft

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)


- is one where a single act produces two
or more crimes.
▪ Example:
Mr. A planted a bomb inside Shopee Mall. There were 4
people who died and 65 were injured.
▪ Single Act: Mr. A planted a bomb inside Shopee Mall.
▪ Result: It exploded
▪ Felonies:
– A. Less grave – wounded
– B. Grave felony- for those who died
2. Complex Crime Proper (delito complejo) -
when an offense is a necessary means for
committing the other. This refers to a
situation that the offender commits a crime to
insure and facilitate the commission of
another crime.
▪ Example:
Mr. A forged the signature of his employer and
withdraw $10 Million through check.
A.Intended Crime: Theft
B.Necessary Act: Forgery

What is the penalty then?


According to Art 48 of RPC

▪ The penalty depends on the most higher offense;


▪ Or that the penalty for the most serious crime
shall be imposed, the same to be applied in its
maximum period.
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 – are 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
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.
6. 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.
CLASSIFICATIONS
OF CRIMINALS
1. According to Etiology

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.
Ex. Bong saw his wife getting harassed by a man so he shot him

Chronic Criminal – is one who committed a crime with intent or


deliberated thinking. Ex. Bong hates his wife so he planned on poisoning her
coffee one morning.

1. Neurotic Criminal – is one who has mental disorder.


2. Normal Criminal – a person who commits crimes because he
looks up to, idolizes people who are criminals.
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 – a highly skilled criminals which


are engaged in a large scale criminal activities ad usually
operate in groups.
3. 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.
a. Next ppt- slide 54
SCHOOLS OF THOUGHT IN CRIMINOLOGY

School of Thought – refers to a group of


beliefs or ideas that support a specific
theory.
 
Theory – set of statements devised to
explain behavior, events or
phenomenon, especially one that has
been repeatedly tested and widely
accepted.
SCHOOLS OF THOUGHT IN CRIMINOLOGY
• DEMONOLOGICAL THEORY
- asserts that a person commits wrongful acts due to
the fact that he was possessed by demons.

• CLASSICAL SCHOOL
- argued that people have free will to choose how
to act

• POSITIVIST SCHOOL
- presumed that criminal behavior is caused by
internal and external factors outside of the
individual’s control
CLASSICAL SCHOOL
- developed in the mid-18th century
- based on “Utilitarianism”
“the greatest – actions are right in proportion as they tend to
happiness promote happiness, wrong as they tend to produce
principle” the reverse of happiness.
- argued that people have free will to choose how to
act seeks happiness and
- a human being is a “hedonist” avoids pain
- a human being is a “rational calculator”
weighs cost and benefits of
the consequences of an act
CLASSICAL SCHOOL

Cesare Beccaria (Cesare, Marchese Di Beccaria


Bonesana)
- an Italian philosopher known for his Essay
on Crimes and Punishment

Essay on Crimes and Punishment


- a seminal treatise on legal reform proposing
many reforms to the criminal justice system
CLASSICAL SCHOOL

Beccaria believed that:


• people want to achieve pleasure and avoid
pain.
• Crime provides some pleasure to the
criminal.
• To deter crime, he believed that one must
administer pain in an appropriate amount
to counterbalance the pleasure obtain
from crime.
• Famous in sayings “ Let the punishment fit
the crime”
CLASSICAL SCHOOL

Reforms:
• prompt administration of clearly prescribed and
consistent punishment
• well-publicized laws made by legislature not by
individual courts or judges
• abolition of torture in prisons
• use of penal system to deter would-be offenders
rather than simple punishment to those convicted
CLASSICAL SCHOOL
Jeremy Bentham
- invented the panopticon prison design
Panopticon means “allows an observer to observe”
CLASSICAL SCHOOL

• proposed “Utilitarian Hedonism” which explains that


person always acts in such a way to seek pleasure and
avoid pain.
• he reasoned that in order to deter individuals from
committing crimes, the punishment, or pain, must be
greater than the satisfaction, or pleasure, he would gain
from committing the crime
• his contribution to classical school of criminology is the
concept of utilitarianism and the felicific calculus.
CLASSICAL SCHOOL
Utilitarianism
– is a philosophy which argues that what is right is the one
that would cause the greatest good for the greatest number
of people.
others refer to it as the greatest happiness principle or the
principle of utility.
from this principle, Bentham formulated the “felicific
calculus”.
 
Felicific Calculus or the pleasure-and-pain principle – is a
theory that proposes that individuals calculate the
consequences of his actions by weighing the pleasure (gain)
and the pain (suffering) he would derive from doing the
action.
NEO-CLASSICAL SCHOOL
- agrees that people have free will
- but, children and lunatics should not be regarded as
criminals and not be punished since they cannot
calculate pleasure and pain
According to the Neo-Classical School, the Classical School is correct
in its proposition that people have free will. However, why did the
suggest that children and lunatics should not be punished?
A. Because they are too young to be punished.
B. Because they do not know that whether what they have done is
right or wrong.
C. Because they are too fragile and weak to be punished.
D. Because they do not have the capability to know the essence of
punishment
POSITIVIST SCHOOL

- presumed that criminal behavior is


caused by internal and external factors
outside of the individual’s control
THE (UN) HOLY THREE (3) OF CRIMINOLOGY

1. Cesare Lombroso
2. Enricco Ferri
3. Raffaelle Garofalo
POSITIVIST SCHOOL
Cesare Lombroso
- an Italian criminologist and founder of the
Italian School of Positivist Criminology
- considered as the Father of Criminology
Took a scientific approach for studying crime
(empirical evidence)
- considered Founder of Criminal Anthropology
Suggested that physiological traits such as the
measurement of one’s cheek bones or hairline
is considered to be indicative of “atavistic”
criminal tendencies
POSITIVIST SCHOOL

Three Types of Criminal according to Lombroso


1. Atavistic – considered as born criminals.
2. Insane Criminal – those people who become
criminals due “alteration of the brain which
completely upsets their moral nature”.
3. Criminaloid – those who commit crime
because they have less self-control and
physical stamina.
POSITIVIST SCHOOL

• Habitual criminals – who become criminals by


contact with other criminals, abuse of alcohol or
other “distressing circumstances”.
• Juridical criminals – who fall afoul of the law by
accident.
• Criminal by passion – those hot-headed and
impulsive persons who commit violent acts when
provoked.
POSITIVIST SCHOOL

Enrico Ferri
- a student of Lombroso who believed that
social as well as biological factors played a
role and that criminals should not be held
responsible because the factors causing
their criminality were beyond their control
POSITIVIST SCHOOL

Raffaele Garofalo
• He treated the roots of the criminals’ behavior not
to physical features but to their psychology
equivalent, which he referred to as moral
anomalies.
• He rejected the doctrine of freewill.
• Classified criminals as Murderers, Violent
Criminals, Deficient Criminals, and Lascivious
Criminals.

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