Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
You are on page 1of 101

INTRODUCTION

TO
CRIMINOLOGY
PREPARED BY: RANDY JALA LUNGAY, RCrim
CRIMINOLOGY
- 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 of reaction
towards the breaking of laws. (Sutherland and Cressey)
- Multidisciplinary study of crimes. (Bartol, 1995)
- It refers to the study of crimes and criminals and the
attempt of analysing scientifically their causes and control
and the treatment of criminals.
- May be defined as a scientific study of crime and its
treatment. ( Elliot and Merrill)
“It is academic discipline that uses scientific method to study
nature, extent and control of criminal behavior in both the individual and
in society.”

Objective of Criminology
- The development of general and verified principles regarding the
process of law, crime, and treatment or prevention.

Practices of the Criminology Profession of the other countries:


- a field under the social science
- research based profession
- a field under behavioral science
RA 11131
The Philippine Criminology Profession Act of 2018

- Criminology is the scientific study of crimes,


criminals and victim, also deals with the prevention and
solution of crimes.
Registered Criminologist
- Refers to the natural person who holds a valid
certificate of registration and an updated professional
identification card as criminologist issued by the Board and
the Commission pursuant to this Act.
Origin of the word “Criminology”

Raffaelle Garofalo (1885)


- coined the Italian word “CRIMINOLOGIA”

Paul Topinard (1887)


- coined the French word “CRIMINOLOGIE”
Is Criminology a Science?

1. Edwin Sutherland and Donald Cressey – Not a science but


has hope of becoming a science for the reason that man is the
subject of the study.
2. George Wilker – Absolutely not a science due to the variations
of behavior.
3. Cirilo Tradio – It is the science for the causes of crimes are
universally alike such as biological, physical, psychological and
economical.

RA 11131 – Criminology is a science.


PRINCIPAL DIVISIONS OF CRIMINOLOGY

1. Criminal Etiology – The scientific analysis of the causes


of crimes.
2. Sociology of Law – The study of law and its application.
3. Penology – The study that deals with the punishment
and the treatment of criminals.
4. Victimology – The study of the role and/or participation
of the victim in the development and commission of a
crime.
Sub-Fields of Criminology

Sociological Criminology – Focused on the group of people and


the society as a whole. It is primarily based on the examination of
the relationship of demographic and group variables to crime.
Psychological Criminology – 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.
Psychiatric Criminology – The science that deals with the study
of crime through psychiatry, the study of criminal behavior in terms
of motives and drives that strongly relies on the individual.
Other related sub-areas of Criminology
Criminal Statistics and Research Methodology
- Creating methodologies that are able to accurately measure activities,
trends, and patterns in crime.
Sociology of law
- Concerned with the role that social forces play in shaping criminal law
and the role of criminal law in shaping society.
DEVELOPING THEORIES OF CRIME CRIMINOLOGY
SUBAREA.
- Researching data and creating theories as to why certain crimes take
place.
Criminal behavior system and Criminal Typology
- Involves research on specific criminal types and patterns: violent crime,
theft, organized crime, white-collar crime, etc.
Penology and Social Control
- Involves efforts to control crime through the correction of criminal
offenders.
VICTIMOLOGY CRIMINOLOGY SUBAREA.
- Recognizing that the victim plays a critical role in the criminal process
and that the victim's behavior is often a key determinant of crime.
Nature of Criminology

1. 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. maybe utilized in
crime detection.
2. A Social Science – In as much as crime is a societal
creation and that it exist in the society, its study must be
considered a part of social science.
3. Dynamic – Criminology changes as social
condition changes. That means the progress of
criminology is concordant with the advancement of
other sciences that have been applied to it.
4. Nationalistic – The study of crime must always
be in relation with the existing criminal law with in
the territory.
SCOPE AND BREADTH OF 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 different factors that enhances the development of
criminal behavior, such as.
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 a community.
4. Criminal Anthropology – the study of criminality in relation to
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. Criminological Research – study of crime associated with
antecedent variables, state of crime trend.
8. Victimology – the study of the role of the victim in the commission
of the crime.
Why must members of society be interested in crime?
➢ CRIME IS PERVASIVE – nearly all participants of a free society are once upon a
time a victim of an offender of a criminal act. Criminal as an associate of society
affects almost all people regardless of age, sex, race, nationality, religion, financial
condition, education and other personal circumstances.
➢ CRIME IS EXPENSIVE – the government and private sector use an enormous
amount of currency for crime detection, prosecution correction and prevention.
Those expenses are either:
DIRECT EXPENSE – those spent by government or private sector for the
maintenance or the police and security guards for crime detection, prosecution and
judiciary, support of prison system
INDIRECT EXPENSE – those expense utilized to prevent the commission of
crimes like the construction of window grills, fences, gate, purchase of door locks,
safety vaults, hiring of watchmen etc.
➢ CRIME IS DESTRUCTIVE – many lives have been vanished because
of crimes like murder, homicide and other violent deaths. Properties have
been lost or devastated on account of robbery, theft and arson.
➢ CRIME IS REFLECTIVE – crime rate or incidence in a given locality
is reflecting of the efficiency of the social defenses employed by the
people primarily that of the police system.
➢ CRIME IS PROGRESSIVE – the progressive upsurge in the volume of
crime is on account of the ever-increasing population. The ever-
increasing crime rate and their technique show the progress thinking of the
society for advancement.
SCHOOL OF THOUGHTS IN
CRIMINOLOGY
School of Thought
- Strategies for organizing fundamentally differing views of
human nature and relating them to issues surrounding crime and its
control. Refers to a collection of beliefs or ideas that supports a specific
theory.

Theory
- Set of declarations devised to explain behavior, events or
phenomenon, especially one that has been repeatedly tested and widely
accepted but not even totally proven.
Demonological or Pre-Scientific School of Thoughts
- also known as pre-classical or Supernatural Theory
- The most ancient theory of crime and dates back to pre-
scientific age.
- According to the thinkers belonging to this point of view,
crime is the handiwork of evil.
- It is believed that a man commits crime because of the
influence of some external superpowers.
Classical Criminology
- This school of thought is based on the theory that
individuals choose to commit crimes acter weighing the
consequences of their actions. According to classical
criminologists, individuals have freewill. They can choose legal
or illegal means to get what they want; fear of penalty can
discourage them from committing crime and society can control
by making the pain of punishment greater than the pleasure of
the criminal gains.
- It maintains that man is essentially a moral creature with
an absolute freewill to choose between good and evil.
Classical School
Develop in the mid 18th century and was based on utilitarian
philosophy.
Its Principles:
Hedonism – a concept that provides a man balance the pleasure
derived from illegal acts to that of pain to be imposed upon him.
(Hedonistic)
Utilitarianism – punishment would be meted out in proper
proportion to the effect the greatest happiness for the greatest number.
Classical School argued the following:

1. People have freewill to choose how to act.


2. Deterrence is based upon the notion that human being is a
hedonist who seeks pleasure and avoid pain and a rational
calculator weighing up the cost and the benefits of the
consequences.
3. Crime will always exist if there social contact
4. The swift and certain punishment can deter people from
crime.
Neo-Classical School
They contend that classical doctrine was correct in
general; it should be modified in some details because of the
following reasons:

1. Children and Lunatics cannot calculate pleasure and pains;


they should not be regarded as criminals or to be punished.
2. They introduced the application of mitigating circumstances
in imposing penalty.
Also known as the improved classical school and this theory
modified the doctrine of freewill by stating that freewill of men
may be affected by other factors and crime is committed due to
some convincing reasons that prevail. These causes are
pathology, incompetence, insanity or any condition that will make
it impossible for the individual to exercise freewill entirely. In the
study of legal provisions, this is termed as either mitigating or
exempting circumstances.
Positivist School

- It focuses on the scientific treatment of the criminal, not


on the penalties.
- Promoted the doctrine of determinism.
- It maintained that crime as any other act is a natural
phenomenon and is comparable to disaster or calamity. That
crime as a social and moral phenomenon which cannot be
treated and checked by the imposition of punishment but rather
rehabilitation or the enforcement of individual measures.
- The term Positivism is refers to a way of analysis based on the collection of
observable scientific facts.
- It rejected the doctrine of freewill and believed in scientific factors.
- Positivists considered that causes of behavior can be measured and observed.
- It demands for facts and scientific proof, thus, changing the study of crimes and
criminals into Scientific Method such as biology, psychology, sociology, etc,.
- Positivist were the first to claim the importance of looking at individual difference
among offenders. These theorist 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.
Auguste Comte
- A French philosopher and sociologist and is believed to be the
one who reinvented the French term sociologie.
- Founded the idea of Determinism, those who followed his
writings were called positivist.

Determinism – States that there are prevailing situations or


circumstances that interferes in the decision or action of man, thus, he is
forced to commit crime, even without intention of doing it.
- The principle that events including criminal behavior
has sufficient causes.
Cesare Lombroso
- Italian Criminologist and the founder of the school of Positivist
Criminology.
- Founder of Criminal Anthropology and Father of Modern and
Empirical Criminology.
- Known for the concept of atavistic stigmata and physical features
of creatures at an earlier stage of development.
- He appealed that criminals are distinguishable from non-
criminals due to the presence of atavistic stigmata and crimes committed
by those who are born with certain recognizable heredity traits.
- Lombroso’s work maintained the idea that the criminal was a
biologically and physically inferior person.
Lombroso’s major contributions to positivist criminology:
1. Theory of Atavism – Subhuman individuals characterized by
some inferior mental and physical characteristics such as
receding hairline, forehead wrinkles, bumpy face, broad noses,
long arms and pointy fingers.
2. Application of the experimental or scientific method to study
criminal. He spent endless hours measuring criminally insane
persons and epileptics’ skull.
3. Development of criminal typology.
Classifications of Criminals by Lombroso

1. Born Criminals – the belief that being criminal behavior is


inherited.
ATAVISM - The return of a trait or reappearance of
previous behavior after a period of absence.
ATAVISTIC ANOMALY - physically, their resemblances
on the evolutionary scale to more primitive times where
people were savages.

2. Insane Criminals – are those who commit crimes due to


abnormalities or psychological disorders.
3. Criminoloid – a person who commits crime due to less physical stamina or
self control.
Types Of Criminaloids:
Habitual Criminals
Criminal by Passion – hot headed, impulsive person, great
emotions like fit of anger
Juridical Criminals – violates the law by accident

5. Occasional Criminal – are those who commits crime due to insignificant


reasons that pushed them to do at a given occasion.
6. Pseudo-criminals – are those who kill in self-defense.
Enrico Ferri
- His greatest contribution was his attack on the classical doctrine of
free will, which argued that criminals should be held morally responsible for
their crimes because they must have made a rational decision to commit a
crime.
- He focused his study on the influences of psychological
factors and sociological factors such as ECONOMICS ON
CRIMES.
- He believed that criminals could not be held morally
responsible because they did not choose to commit crimes but rather
were driven to commit crimes by conditions of their lives.
- Advocated the “Theory of Imputability and the Denial of the
Free Will” in 1878.
Ferri emphasize the following:

1. Physical factors including geographical climate/temperature.


2. The anthropological factors including the psychological.
3. The social factors including the economic and political factors
as well as age, sex and education and even religion.
Raffaele Garofalo
- Another follower of Lombroso, an Italian nobleman,
magistrate, senator, and professor of law. Like Lombroso
and Ferri, he rejected the doctrine of free will and supported the
position that the only way to understand crime was to study it
by scientific methods.
- Influenced on Lombroso’s theory of atavistic stigmata
(man’s inferior/ animalistic behavior), he traced the roots of
criminal behavior not to physical features but to their
psychological equivalents, which he called “MORAL
ANOMALIES”.
Types of Criminal by Garofalo
1. MURDERERS
those who are satisfied from vengeance/revenge
2. VIOLENT CRIMINALS
those who commit very serious crimes
3. DEFFICIENT CRIMINALS
those who commit crimes against property
4. LASCIVIOUS CRIMINALS
those who commit crimes against chastity and other sexual crimes.
CLASSICAL AND POSITIVIST SCHOOL
COMPARED
CLASSICAL SCHOOL POSITIVIST SCHOOL

- Legal definition of crime - No to legal definition


- Punishment fit the crime - Punishment fit the criminal
- Doctrine of Free will - Doctrine of determinism
- Death Penalty - Abolition of death penalty
- No empirical research - Inductive method
- Definite Sentence - Indeterminate sentence
OBJECT OF INTEREST IN CRIMINOLOGY

CRIME
- refers to an act committed or omitted in violation of
public law forbidding of commanding it.
Legal Point of View
- An act or omission in violation of a criminal law.
Social Definition
- An anti-social act; an act that is injurious, detrimental
or harmful to the norms of society; they are the unacceptable acts.
Psychologically
- Crime is an act, which is considered undesirable due
to behavioral maladjustment of the offender, acts that are caused
by maladaptive or abnormal behavior.
Triad of Crime / Essential Elements of Crime

1. Desire/Intent/Motive – It is what induces or pushes the


person to commit crime.
2. Capability/Ability – It is the ability of the person to
execute the acts or omission punishable by laws.
3. Opportunity – This refers to the physical possibility that
the crime could have been committed.
Typology of Crimes
- Study of the differences and categories of crime.
- Involve classifying offenses or offenders according to some criteria of
relatedness or similarity.
Legal Classifications:
1. According to law violated
Crime is also a generic term that refers to the offense, felony and delinquency or
misdemeanor.
Offense – An act or omission that is punishable by special laws
Felony – An act or omission that is punishable by RPC.
Delinquency/Misdemeanor – acts that are in violation of simple rules and regulation
usually referring to acts committed by minor offenders.
2. According to the manner of committing crime:
A. By means of dolo or deceit – the act is performed with deliberate intent
REQUISITES of DOLO
 Criminal intent
 Freedom of action
 Intelligence

B. By means of culpa or fault - when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
REQUISITES of FAULT
 Criminal negligence
 Freedom of action
 Intelligence
3. According to the stages in the commission:
1. Formal Crimes
Formal crimes are crimes, which are consummated in one
instance (Adultery)

2. Material Felonies
Those that have various stages of execution (Homicide)

3. Crimes which have NO FRUSTRATED STAGE


The essence of the crime is the act itself; (Rape)
A. CONSUMMATED FELONY
- When all the elements necessary for its execution are present.
- The felony is produced
B. FRUSTRATED FELONY
- When the offender performs all the acts of execution;
- All the acts performed would produce the felony as a consequence;
- The felony is not produced;
- By reason of causes independent of the will of the perpetrator.
C. ATTEMPTED FELONY
- When the offender commences the commission of a felony directly by overt acts;
- He does not perform all the acts of execution which should produce the felony;
- By reason of some cause or accident other than his own spontaneous
desistance;
4. According to Plurality
PLURALITY OF CRIMES
Consists in the successive execution by the same individual of
different criminal acts upon any of which no conviction has yet been
declared.
a. Simple Crime – a single act constituting only one offense.
b. COMPLEX CRIMES:
1. COMPOUND CRIME - When a single act results in two or
more grave or less grave felonies
2. COMPLEX CRIME PROPER - When an offense is a necessary
means for committing the other.
Special Complex/Composite Crimes
The substance is made up of more than one crime but which in the
eyes of the law is only a single indivisible offense. All those acts done in
pursuance of the crime agreed upon are acts which constitute a single
crime.

Special Complex Crimes


• Robbery with Homicide (Art. 294 (1))
• Robbery with Rape (Art. 294 (2))
• Kidnapping with serious physical injuries (Art. 267 (3))
• Rape with Homicide (Art. 335)
5. According to Gravity
a. Grave Felonies – are those 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 infractions of laws for the commission
of which the penalty of arresto menor or a fine not
exceeding forty thousand pesos (P40,000.00) or both is
provided.
6. According to the nature of the act:

Mala in se
An act, by its very nature, is inherently and morally
wrong; it should be done with criminal intent.

Malum prohibitum
An act is wrong only because there is a law
punishing it. It is enough that the prohibited act was
voluntarily committed and need not be committed with
malice or criminal intent to be punishable.
WHEN DOES CRIME EXIST?
Legal view point
- crime exist when proven by the court.

Scientific view point


- crime exist when reported to the law enforcers.
CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. According to the Result of Crime

 Acquisitive Crimes
Crime is one when committed, the offender acquires
something as a consequence of his criminal act.
 Extinctive Crimes
The crime is extinctive when the result of criminal act is
destruction.
2. Acc. to Time or Period of Commission

 Seasonal Crimes - Those that are committed only at the certain


period of the year.
 Situational Crimes - Those that are committed only when a situation
is conducive to its commission.

3. Acc. to Length of Time

 Instant – Those that are committed the shortest possible.


 Episodic – Committed by series of act within a lengthy space of time.
4. Acc. to Place or Location

 Static Crimes – those that are committed only in one place.


 Continuing Crimes – crimes that are committed in several places.

5. Acc. to Mental Faculties

 Rational Crimes – those committed with intention and offender is in


full possession of his sanity.
 Irrational Crimes – those committed by person who do not know the
nature and quality of their acts on account of the disease of the mind.
6. Acc. to Type of Offenders
 White Collar Crimes – those committed by person of respectability and
of upper socio-economic class in the course of their occupation activity.
 Blue Collar Crimes – those committed by ordinary professional criminal
to maintain their livelihood.

7. Acc. to the Standard of Living of Criminal


 Upper World Crimes – are committed by individuals belonging to the
upper class of society.
 Underworld Crimes – committed by members of the lower or under
privilege class of society.
Forms of White Collar Crimes
 Corporate crimes - the violation of a criminal statute either by a
corporate entity or by its executives, employees or agents, acting on
behalf of and for the benefit of the corporation, partnership or other
business entity.
 Environmental crimes - violation of criminal law which, although
typically committed by businesses or by business officials, may also be
committed by other persons or organizational entities, and which
damage some protected or otherwise significant aspect of the
natural environment.
 Occupational crimes - any act punishable by law, which is
committed through opportunity created in the course of an
occupation that is legal.
Types of Occupational Crime
 Organizational Occupational Crime - crimes committed for the benefit of the
entire organization in such instances only the organization or the employer, not
individual employees.
 State Authority Occupational Crime - crimes by officials through the exercise of
their state-based authority. Such crime is occupation specific, and can only be
committed by person in public office or by working for such persons.
 Professional Occupational Crime - crimes by professionals in their capacity as
professionals. The crimes of physicians, attorneys, psychologists, and the like are
included here.
 Individual Occupational Crime - crimes by individuals as individuals which
include income tax evasion, theft of goods and services by employees, the filing of
false expense report, and the like.
OTHER CLASSIFICATION OF CRIMES
Traditional Crime – committed every now and then.
Victimless Crime – act committed by consenting persons in
private, there is no intended victim.
Crimes by Imitation - Are crimes committed by merely
duplication of what was done by others.
Crimes by Passion - Crimes committed because of the fit of
great emotions.
Service Crimes - Refers to crimes committed through
rendition of a service to satisfy desire of another.
Bias Crimes / Hate Crimes
- Violent acts directed toward a particular person or
members of a group merely because the targets share a
discernable racial, ethnic, religious, or gender characteristics.
Inchoate Crime
- Incomplete or contemplated crimes such as criminal
solicitation or criminal attempts.
 Index Crime
Are crimes which are serious in nature and which occur
with sufficient frequency and regularity such that they can
serve as an index to the crime situation in the Philippines, we
consider only the actual crimes of murder, homicide, physical
injury ,robbery, theft, and rape.
 Non-index Crime
Are crimes which are violation of special laws.
Conventional Crimes
 Conventional crimes are those traditional, illegal behaviors that most people
think of as crime.
 Conventional crimes are groups of crimes categorized as violent crimes (index
crimes) and property crimes.

Violent Crimes - Violent crimes are criminal acts, which in the threat of or actual
physical harm by an offender to a victim.
Violent acts are in the forms of:
Interpersonal Violence - Forcible Rape. Murder, Serious Assault, Family Violence,
Robbery
Political Violence - Terrorism
Collective Violence - Riots, Mobs, Crowds, Urban Violence
VIOLENT CRIMES (INDEX CRIMES)
 Murder – is the unlawful killing of human being with malice and with the “act of
violence”.
Serial Murder – an act involving killing of several victims in three or more
separate incidents over a week, a month or year.
Mass Murder – it is the killing of four or more victims at one location with one
event.
Spree Murder – the killing of in two or more locations with almost no time
break between murders.
 Homicide and Assault
 Robbery
 Family Violence
 Child Abuse – an attack or assault of an adult against the defenseless or people who
cannot defend themselves, usually by a parent to a child.
Property Crimes - are crimes of economic interest. It includes those
crimes that would most commonly be categorized as theft in ordinary
language

 Occasional Property Crimes - Shoplifting, Vandalism, Motor vehicle


theft, Check Forgery
 Conventional Property Crimes - Burglary/unlawful entry to commit
theft, Fence, Larceny/Theft
Criminological Classification of Rape
 ANGER RAPE – sexual attack becomes a means of expressing anger or rage and
involves more physical assault upon the victim.
 POWER RAPE – assailant primarily wishes to express his domination over the victim.
 SADISTIC RAPE – perpetrator combines the sexuality and aggression aims in psychic
desires to often torture or otherwise abuse the victim.
 ACQUAINTANCE RAPE - forcible sex in which offender and the victim are
acquainted with one another.
 AGGRAVATED RAPE - rape involving multiple offenders, weapons and victim
injuries.
 DATE RAPE - forcible sex during the courting relationship.
 SERIAL RAPE - multiple rapes committed by one person over time.
 STATUTORY RAPE - sexual relations between an underage minor female and an adult
male.
Categories of Rapists
a) Naïve Graspers – Sexually inexperienced youths who possess an
unrealistic conception of female erotic arousal. Awkward in relating
to the opposite sex, they hold high expectations that their cute
advances will be met with affection by their victims.
b) Meaning Stretchers – An offender misinterprets woman’s
expressions of friendliness and affection as indicating that the female
desire continues even when she says no.
c) Sex Looters – Persons who have a low desire for affection or low
respect for the victim’s autonomy and callously use woman as sex
object.
d) Group Conformers – Rapist participates in a group rape or gang
bang; often following the leader. A sex looter felt a sense of conformity
and notion demonstrating their masculinity
CRIMINAL
On the basis of the definition of crime, a criminal may be defined in
three ways:
Legal Definition: A person who committed a crime and has been
convicted by a court of the violation of a criminal law.

Social Definition: A person who violated a social norm or one who did
an anti-social act.

Psychological Definition: A person who violated rules of conduct due to


behavioral maladjustment.
Criminological Sense
A person who committed a crime regardless whether reported or
referred.

In criminal justice sense


A criminal may be defined as one who has undergone the process
and went through all the pillars of the Criminal Justice System.
CRIMINOLOGICAL CLASSIFICATION OF CRIMINALS
1. On the basis of etiology:
a) Acute Criminals – persons who violate criminal law because of
the impulse of the moment, fit of passion or anger.
b) Chronic Criminals – persons who acted in consonance with
deliberated thinking, such as:
1.) Neurotic Criminals – persons whose actions arise from
the intra-psychic conflict between the social and anti-social components of
his personality
2.) Normal Criminals – persons whose psychic organization
resembles that of a normal individual except that he identifies himself with
criminal prototype.
2. On the basis of behavioral system:
a.) Ordinary Criminals – the lowest form of criminal career; they
engage only in conventional crimes which require limited skill.
b.) Organized Criminals – these criminals have a high degree of
organization that enables them to commit crimes without being detected
and committed to specialized activities which can be operated in large
scale businesses.
c.) Professional Criminals – these are highly skilled and able to
obtain considerable amount of money without being detected because of
organization and contact with other professional criminals.
3. On the basis of activities:
a) Professional Criminals – those who earn their living through criminal
activities.
b) Accidental Criminals – those who commit criminal acts as a result of
unanticipated circumstances.
c) Habitual Criminals – those who continue to commit criminal acts for
such diverse reasons due to deficiency of intelligence and lack of control.
d) Situational Criminals – those who are actually not criminals but get
in trouble with legal authorities because they commit crimes intermixed
with legitimate economic activities.
4. On the basis of mental attitudes:

a.) Active Aggressive Criminals – those who commits crime due to


aggressiveness.
b.) Passive Inadequate Criminals – those who commit crimes
because they are pushed to it by reward or promise.
c.) Socialized Delinquents – are criminals who are normal in
behavior but defective in their socialization process or development.
5. Based on Legal Classification

Habitual Delinquent – a person who, within a period of ten years from


the date of his release or last conviction of the crimes of serious or less
serious physical injuries, robbery, estafa, or falsification, is found guilty
of any of the said crimes or a third time oftener.

Recidivist – one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced
in the same title of the revised penal code.
Types of Violent Offenders

 Culturally Violent Offenders – those who live in cultures


which violence is an acceptable problem mechanism.
 Criminally Violent Offenders – those who use violence
as a means to accomplish criminal acts.
 Pathological Violent Offenders – those who commit
violent crimes due to mental disturbances.
 Situational Violent Offenders – those who commit acts of
violence on rare occasions, often under provocations.
They are the criminals “by passion”.
Mass Murder and Serial Killing

1. Spree Killer – someone who embarks on a murderous assault on 2


or more victims in a short time in multiple locations.
2. Spree Killing – killings at two or more locations with almost no time
break between murders.
3. Serial Killer – a person who kills 3 or more in a separate events.
4. Mass Murder – refers to the act of killing a large number of people
in a single violent outburst.
Types of Serial Killer
These types are based on their motivations for carrying out their crimes.
Visionary
Believes that a person or entity is commanding him to kill. Most likely suffering
from psychosis.
Mission-oriented
Kills in order to “rid” society of a certain group.
Hedonistic
Commits his acts for his own personal pleasure. For example, rape, torture or
money. (Lust, Thrill and Comfort)
Power/control
Fantasizes about having power and seeks to dominate and control his victims.
Types of Serial Killer
 Thrill killers
 These killers strive for either sexual sadism or dominance. This is the
most common form of serial murderer
 Mission killers
 These killers want to reform the world or have a mission that derives
them to kill
 Expedience killers
 Killers who kill out for profit or want to protect themselves from a
perceived threat
Types of Murderers
a. Revenge Killers – these killers seek to get even with individuals or
society at large.
b. Love Killers – motivated by warped sense of devotion. They are often
despondent people who commit suicide and take others, such as a wife
and children with them.
c. Profit Killers – usually trying to cover-up a crime, eliminate witnesses
and carry out a criminal conspiracy.
d. Terrorist Killers – those who are trying to send a message. Gang
killings tell rivals to watch out, cult killers may actually leave a message
behind to warn society about impending doom.
Statistical Formula

1. Crime Solution Efficiency


- percentage of solved cases out of the total number of reported
crime incidents handed by the police for a given period of time. It is a
general measure of law enforcement agency’s investigative capability or
efficiency.
2. Crime Rate
- the number of incidents in a given period of time for every
100,000 inhabitants of an area or place.
PENOLOGY
A division of Criminology which is
concerned with the control and prevention
of crime and the treatment of youth
offenders.
MODELS OF PENOLOGY
1. Retributive Justice
2. Justice Model
3. Redemption or Restorative Justice Model
RETRIBUTIVE JUSTICE
MODEL
Code of Hammurabi
- Lex Taliones (Law of Retribution)

Principles in the Philosophy of Retribution:


-Proportionality
-Just Desert
-Equity
-Reciprocity
-Retributive
Kinds of Deterrence
1. General Deterrence
- refers to the effects of legal punishment on the
general public.

2. Spicific Deterrence
- refers to the effects of legal punishment on
those individuals who actually undergo the punishment.
JUSTICE MODEL
It is the rejection of all hopes for rehabilitation
and the indeterminate sentence.

Justice model rejects any rehabilation and


primarily involves a restriction on freedom of
movement.
REDEMPTION OR RESTORATIVE
MODEL
Current redemptive philosophy in criminal justice tends to be
about faith-based initiatives, and/or religious-based correctional
interventions.

Sometimes called:
1. Communicative Justice
2. Reintegrative Justice
3. Redemptive Justice
 RA 6506
An Act Creating the Board of Examinations for Criminologists in
the Philippines and for other purposes.

 RA 11131
An Act Regulating the Practice of Criminology Profession in the
Philippines and Appropriating Funds therefor, repealing for the purpose
RA 6506, “An Act Creating the Board of Examiners for Criminologist in
the Philippines"
Also known as “The Philippine Criminology Profession Act of
2018”
Criminology refers to the scientific study of crimes, criminals,
and victims and criminal behavior. It also deals with the
prevention, and solution of crimes.
(sec. 4 IRR)
Registered Criminologist refers to a natural person who
holds a valid certificate of registration and an updated
professional identification card as criminologist issued by the
Board and the Commission pursuant to this Act.
Section 3. Objectives. - This Act shall govern:
a) The examination, registration and licensure for criminologists;
(b) The supervision, control and regulation of the practice of
criminology;
(c) The standardization and regulation of criminology education;
(d) The development of the professional competence of
criminologists through Continuing Professional Development
(CPD); and
(e) The integration of all criminology professional groups, and
membership of all registered criminologists to the accredited
professional organization.
Accredited Integrated Professional Organization (AIPO)
Refers to the one and only recognized and accredited integrated
national organization of criminologists, as endorsed by the Professional
Regulatory Board subject to the approval of the Professional Regulation
Commission (PRC).

Continuing Professional Development (CPD)


Refers to attainment of advanced knowledge, skills, and ethical
values in a post-licensure specialization or an inter or multidisciplinary
field of study, for assimilation into professional practice, self-directed
research and/or lifelong learning.
Section 6. Creation, and Composition of the Professional
Regulatory Board for Criminologists. - There is hereby
created a Professional Regulatory Board for
Criminologists, a collegial body under the administrative
supervision and control of the Commission, to be
composed of a Chairperson and four (4) members
appointed by the President of the Philippines from a list of
three (3) recommendees for each position, chosen and
ranked by the Commission from a list of three (3)
nominees for every position endorsed by the APO. The
new Board shall be organized not later than six (6) months
from the effectivity of this Act.
Section 7. Qualifications of the Chairperson and Members of the
Board. - The Chairperson and each member shall, at the time of their
appointment, possess all these qualifications:
(a) Must be a natural-born Filipino citizen and a resident of the
Philippines;
(b) Must be of good moral character, good reputation and of sound mind
and body;
(c) Not convicted by a court of competent jurisdiction of any offense
involving moral turpitude;
(d) Must be a graduate of Bachelor of Science in Criminology, and a
holder of a Post-Graduate Degree in Criminology or a lawyer in any
reputable school recognized by the CHED;
(e) Must be a registered criminologist with a valid certificate of registration
and a valid professional identification card, having at least ten (10) years of
practice in the profession prior to the appointment including no less than
two (2) years teaching experience of criminology or law subjects in full-
time or part-time capacity in the college of criminology or college of law
recognized by the government through the CHED;
(f) Must be a member in good standing of the APO but not an officer or
trustee thereof; and
(g) Must not be a member of the faculty of any school, college or university
where a regular class or review course in criminology is offered, nor a
member of the staff of reviewers in a review school or center, and must not
have any direct or indirect pecuniary interest in any such institution.
Section 11. Grounds for Removal or Suspension of Board
Chairperson/Member.
(a) Gross neglect, incompetence or dishonesty in the discharge of one's duty;
(b) Commission of any of the causes/grounds and the prohibited acts provided
in this Act and the offenses in the Revised Penal Code, the Anti-Graft and
Corrupt Practices Act, and other laws;
(c) Manipulation or rigging of the results in the licensure examination for
criminologists, disclosure of secret and confidential information on the
examination questions prior to the conduct thereof, or tampering of grades; and
(d) Conviction with final judgment of any crime involving moral turpitude. The
Commission, in the conduct of the investigation, shall be guided by Section 7(s)
of Republic Act No. 8981, the rules on administrative investigation, and the
applicable provisions of the New Rules of Court.
Section 14. Qualifications of an Applicant for the Licensure Examination.
(a) Must be a citizen of the Philippines or a foreign citizen whose country/state has
reciprocity with the Philippines in the practice of criminology;
(b) Must be of good moral character, good reputation and of sound mind and body certified
by the school wrhere he/she graduated and the barangay where he/she lives, unless the
examinee is a foreign national a certification from any professional of good standing will
do;
(c) Must hold a bachelor's degree in criminology duly accredited by the CHET) and
conferred by a school/college/university duly authorized by the government or its equivalent
degree obtained by either a Filipino or foreign citizen from an institution of learning in a
foreign country/state: Provided, That it is duly recognized and/or accredited by the CHED;
(d) Must not have been convicted of an offense involving moral turpitude by a court of
competent jurisdiction; and
(e) Those who failed five (5) times whether consecutive or cumulative in the criminologist
licensure examination, must present a certification issued by a reputable institution duly
recognized by the CHED that such applicant has satisfactorily completed a refresher
course in criminology.
Section 16. Persons to Teach Subjects for Licensure
Examination.
- All subjects for the licensure examination shall be
taught by a registered criminologist who is a holder of a
valid certificate of registration and updated professional
identification card for criminologist, APO membership, and
CPD required units earned, and meet other CHED
requirements. Allied fields in criminology may also be
allowed to teach as it may deem proper.
Section 17. Rating in the Licensure Examination.
- To pass the licensure examination for criminologist, a candidate
must obtain a weighted average rating of seventy-five percent (75%) with no
grade less than sixty percent (60%) in any given subject. In case the
examinee obtains a weighted average rating of seventy-five percent (75%)
but, has a grade below sixty percent (60%) in any of the subjects, the result
of the examinee shall be deferred, and be required to retake that particular
subject/s. The deferred examinee shall only be allowed to retake once within
two (2) years from the date of the examination, and shall be required to
obtain a grade not lower than eighty percent (80%) on the subject, to be
considered to have passed the licensure examination. If the examinee failed
to retake after the lapse of two (2) years or failed to get the passing mark of
eighty percent (80%), the examinee shall retake all the board subjects.
- Any examinee who failed three (3) or more board subjects shall be
deemed to have failed the board examination.
Section 21. Refusal to Issue Certificate of Registration and
Professional Identification Card or Temporary/Special Permit. - The
Board shall not register any successful applicant for registration
who has been:
(a) Convicted with finality of a crime involving moral turpitude by a
court of competent jurisdiction;
(b) Found guilty of immoral or dishonorable conduct by the Board;
(c) Summarily adjudged guilty for violation of the General
Instruction to Examinees by the Board; and
(d) Declared of unsound mind by a court of competent jurisdiction.
In refusing such registration, the Board' shall give the applicant a
written statement setting forth the reasons thereof and shall file a
copy in its records.
Section 22. Revocation or Suspension of the Certificate of
Registration and Cancellation of Temporary/Special Permit - The
Board shall have the power, upon notice and hearing, to revoke or
suspend the certificate of registration of a registered criminologist
or to cancel a temporary/special permit granted to foreign
criminologist for the commission of any of the following acts:
(a) Violation of any provision of this Act, its IRR, the Code of
Ethics, the Code of Good Governance, or policy of the Board
and/or the Commission;
(b) Conviction of a crime with finality involving moral turpitude;
(c) Perpetration or use of fraud in obtaining one's certificate of
registration, professional identification card or temporary/special
permit;
(d) Gross incompetence, negligence or ignorance resulting to death or injury of a
person, or damage to property;
(e) Nonrenewal of the professional identification card for a period of six (6) years
with the PRC without justifiable cause;
(f) Aiding or abetting the illegal practice of a non-registered criminologist by allowing
the use of one's certificate of registration and/or professional identification card or
temporary/special permit;
(g) Illegally practicing the profession during the suspension from the practice thereof;
(h) Addiction to drugs or alcohol impairing one's ability to practice the profession or a
declaration by a court of competent jurisdiction that the registrant is of unsound
mind; and
(i) Noncompliance with the CPD and APO requirements, unless one is exempted
therefrom, for the renewal of the professional identification card. The Board shall
periodically evaluate the aforementioned grounds and revise or exclude or add new
ones as the need arises subject to approval by the Commission.
Section 27. Lawful Practitioners of Criminology. - The following
persons shall be authorized to practice the criminology profession:

a. Natural persons:
(1) Duly registered criminologists and holders of valid certificates of
registration and valid professional identification cards issued by the
Board and the Commission pursuant to this Act; and
(2) Holders of valid temporary/special permits issued by the Board
and the Commission to foreign licensed criminologists pursuant to
this Act.
(b) Juridical persons:
(1) Single proprietorship whose owner and technical staff are
registered criminologists;
(2) Partnership duly registered with the Securities and Exchange
Commission (SEC) as professional partnership pursuant to the Civil
Code and composed of partners majority of whom are registered
criminologists;
(3) Corporation duly registered with the SEC as engaged in the
practice of criminology and with officers and Board of Directors who
are all registered criminologists; and
(4) Association and cooperative duly registered with the appropriate
government agency as a non-stock corporation where majority of the
officers, Board of Trustees and members are registered criminologists.
Section 29. Foreign Reciprocity.
- No foreigner shall be allowed to take the licensure
examination for criminologists, register, receive ones certificate of
registration and professional identification card, and practice
criminology in the Philippines unless the requirements for the
licensure examination and/or registration and practice of
criminology imposed under the laws and regulations in the foreign
country/state are substantially the same as those required and
contemplated by the Philippine laws and regulations, and unless
the foreign laws and regulations allow Philippine citizens to practice
criminology within the territory of the foreign country/state on the
same basis and grant the same privileges as those enjoyed by the
citizens, subjects or nationals thereof.
Section 30. Practice Through Temporary/Special Permit. -
Temporary/Special permit may be issued by the Board subject to
the approval by the Commission and payment of fees the latter has
prescribed and charged thereof to the following:
a. Registered criminologists from foreign countries/states whose
services are rendered either for free or for a fee:
(1) If they are internationally known criminologists or experts
in any branch, specialty or allied field of criminology; and
(2) If their services are urgently and importantly required for
lack or inadequacy of available local specialists or experts; or for
the promotion or advancement of the practice of criminology
through transfer of technology;
(b) Registered criminologists from foreign countries/states
whose services shall be free and limited to indigent
patients in a particular hospital, center or clinic; and

(c) Registered criminologists from foreign countries/states


employed as exchange professors in a branch, specialty
or allied field of criminology, in schools, colleges or
universities offering the course of criminology.
END OF PRESENTATION!

You might also like