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Introduction To Criminology 1
Introduction To Criminology 1
CRIMINOLOGY
PROF:NICOL ED NUYAD
PRINCIPAL DIVISION OF
CRIMINOLOGY
1.Criminal etiology-(origin) deals with the scientific study of crime.it tries it find
explanations as to what causes a criminal behavior.
2.Sociology of law – refers to the study of the nature of law and its
administration.
3.Penology – is the study of the control of crime and rehabilitation of the
offender.
NATURE OF CRIMINOLOGY
1. Applied science – is as the application of scientific knowledge transferred
into a physical environment.(instrumentation).
2.Social science - science that studies the society and human behavior. and
studies of crimes as social phenomenon.
3.Dynamic-as years pass by , new ideas are introduced , new knowledge is
discovered and new concept are formed.
4. Nationalistic- crimes are studied in relation to the criminal laws applied in
the country
SCOPE OF THE STUDY OF
CRIMINOLOGY
1. STUDY OF THE ORIGIN AND DEVELOPMENT OF CRIMINAL LAW
-One cannot study crime without having to study criminal law.
-An act to be considered as crime must have a law defining it as prohibited.
CRIMINAL LAW- it is branch or division of municipal law which defines crime,
treats of their nature and provides for their punishment .
NULLUM CRiMeN PEONA SINE LEGE-LATIN TERM
STUDY OF THE CAUSES OF CRIMES AND DEVELOPMENT OF CRIMINALS
-It’s the studies of etiology of crimes or the causes of crimes.
-Factors that affect the individuals and cause them to commit crimes.
STUDY OF THE OTHER SCIENCE THAT EXAMINE CRIMINAL BEHAVIOR USING
SCIENTIFIC MEHODS.
1. CRIMINAL DEMOGRAPHY- the study of the relationship between criminality
and population.
2.CRIMINAL EPIDEMIOLOGY- the study of the relationship between
environment and criminality.
3.CRIMINAL ECOLOGY- the study of criminality in relation to the spatial distribution in the
community.
4.CRIMINAL PHYSICAL ANTHROPOLOGY- the study of criminality in relation to the physical
constitution of men.
5.CRIMINAL PSYCHOLOGY- the study of human behavior in relation to criminality.
6.CRIMINAL PSYCHIATRY – the study of human mind in relation to criminality.
7.VICTIMOLOGY- the study of the role of the victim in the commission of the crime.
CESARE LOMBROSO –known as the father of modern criminology
CRIMES – is a generic term refers to all acts that violate the law.
Crimes - is an act committed or omitted in violation of a public law
TRIANGLE OF CRIME / ELEMENT
OF CRIME
CLASSIFICATION OF CRIMES
1.ACCORDING TO THE LAW VIOLATED:((Felony,Offense,Infraction)
FELONY- violation of the Revised Penal Code (RPC).
OFFENSE-the law violated is a SPECIAL PENAL LAW .
EXAMPLE:
RA7877- Anti- sexual harassment.
PD 1613- ANTi- arson law
RA 9262
RA 9995- Anti- photo and video voyeurism law
BP 22- ANTI- bouncing checks law
INFRACTION- Violation of city or municipal ordinance.
2.ACCORDING TO THE MANNER OF COMMITTING THE CRIME .(DOLO OR DECIET, CULPA OR
FAULT).
a. INTENTIONAL FELONIES(DOLO OR DECIET.-
-The offender has the intention to do or cause an injury to another.
- the presence of the malice in its commission.
B.CULPABLE FELONIES( CULPA OR FAULT).
- A person cause an injury, without intent to cause an evil.
-Absence of malice
CULPA CAN EITHER ARISE FROM:
A.IMPRUDENCE – Deficiency of action( lack of skill).
-person fails to take the necessary precaution to avoid injury or damage .
B. NEGLIGENCE – Deficiency of perception( lack of foresight).
There is a failure to pay proper attention and used diligence in foreseeing the injury or
damage to be caused.
3. ACCORDING TO THE RESULT OF STAGE IN THE COMMISSION OF CRIME( ATTEMPTED,
CONSUMMATED,FRUSTRATED.
INTERNAL ACTS:
-COGITIONIS POENAM NEMO MERETUR’’-NO MAN DERSERVES A PUNISHMENT FOR A THOUGHT
EXTERNAL ACTS:
A. PREPARATORY ACT:- There are ordinarily not punishable , except when the law provides for
their punishment in certain cases.
B. ACTS OF EXECUTION: These are already punishable under the Revised Penal Code.
ATTEMPTED STAGE
A. Directly by overt acts- the offender personally execute the felony
B. Does not perform all the act of execution
C.by reason of a Cause or Accident.
D. other than his own spontaneous desistance.
FRUSTRATED FELONY
A. The offender preforms all acts of execution
B. All acts preformed would produce the felony as a consequence.
C. But the felony is not produced
D. By reason of causes independent of the will of the perpetrator.
CONSUMMATED FELONY
-when all the elements necessary for its execution and accomplishment are present.
FORMAL CRIMES: these are consummated in one instant.
MATERIAL CRIMES: these have three stage of execution.
4. ACCORDING TO PLURALITY:((SIMPLE CRIME, COMPLEX CRIME:)
A.Simple crime - is a single acts constituting only one offense.
B.complex crime: single act constituting two or more grave felonies:
Example : robbery with homicide .
5. ACCORDING TO THE NATURE OF THE ACT( CRIME MALA IN SE, CRIME MALA PROHIBITA)
CRIME MALA IN SE- are acts that are inherently or naturally bad or evil,
Example ; killing another person,
CRIME MALA PROHIBITA- are acts that is prohibited only because there are laws forbidding
such acts.
ACCORDING TO THE RESULT OF THE CRIMES
A.AQUISITIVE CRIMES –if the offender gained something, material or otherwise by committing
the crime.
B. DESTRUCTIVE CRIMES-if the crimes resulted in destruction, damage even death.
ACCORDING TO THE OR PERIOD OF THE COMISSION OF THE CRIMES:
A. SEASONAL CRIMES- crimes are called seasonal if they happen only during a particular
season.
B.SITUATIONAL CRIMES-when the situation is conducive to the commission of the crimes.
Meaning there is opportunity.
ACCORDING TO THE LENGTH OF THE TIME OF THE COMMISSION OF THE CRIME:
A.INSTANT CRIMES-crimes that ma be committed in a very short of time.
B.EPISODIAL CRIMES- crimes are committed through a series of acts and in a much longer
amount of time.
ACCORDING TO THE USE OF MENTAL FACULTIES;
A.RATIONAL CRIMES-when the offender is capable of knowing what he is doing and
understanding the consequence of his action.
B.IRRATIONAL CRIMES- when the offender is one who is suffering from any form of mental
insanity, disorder or abnormality.
ACCORDING TO THE TYPE OF OFFENDER:
A.WHITE COLLAR CRIMES:-Person who belong to upper class or the economic and educational
status of the person who committed the crime:
B.BLUE- COLLAR CRIMES:-committed by an ordinary criminal who commit crimes as a source of
his livelihood.
ART. 9 CLASSES OF ART.25 CLASSES OF DEGREE OF PENALTY ART.27 DURATION OF
FELONY PENALTY PENALTY
GRAVE FELONY I.Capital punishment I.Death (abolished by RA9346)
ACCORDING TO GRAVITY : II. 20yrs/1day/ to
II. Afflictive penalty II.Rec. perpetua 40yrs
III. Rec. temporal III.
12yrs/1day/to 20yrs
IV. Prision mayor IV. 6yrs/1 day to
12 mons.
-
-1n1876 he publishes a book called ‘’The criminal Man’’
Known for the concept of atavistic stigmata (the physical features of creatures at an earlier stage
of development).
He claimed that criminals are distinguishable from non-criminals due to the presence of atavistic
stigmata and crimes committed by those who are born certain recognizable heredity traits.
According 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 deviation in head size and shape asymmetry of the face,
excessive dimensions of the jaw and cheek bones, 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.
According to him, there are three (3) classes of criminals: