Review Notes in Introduction To Criminology & Psychology of Crimes

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Saint Mary’s University_Criminology Review Center 1

Subject: Introduction to Criminology & Psychology ofCrimes

Review Notes in PRINCIPAL DIVISIONS OF CRIMINOLOGY


INTRODUCTION TO CRIMINOLOGY &
PSYCHOLOGY OF CRIMES 1. Criminal Etiology – The scientific analysis of
By: Jonathan R. Budaden the causes of crimes.
2. Sociology of Law – The study of law and its
Criminology (from Latin crīmen, "accusation"; and application.
Greek logia, study) is the scientific study of the 3. Penology or Correction – The study that
nature, extent, causes, and control of criminal deals with the punishment and the treatment of
behavior in both the individual and in society. The criminals.
term criminology was coined in 1885 by Italian law 4. Criminalistics – The study of criminal things.
professor Raffaele Garofalo as criminologia.
Around the same time, but later, French
anthropologist Paul Topinard used the analogous OBJECTS OF INTEREST IN CRIMINOLOGY
French term criminologie.
A. CRIME is an act committed or omitted in violation
Criminology is a body of knowledge regarding crime of law, commanding or forbidding it. An act that is
as a social phenomenon. It covers in its scope study injurious, detrimental or harmful to the norms of
of lawmaking, law breaking, and the response to the society. It is generic term that refers to
law breaking (Edwin Sutherland). offense, felony and delinquency or
misdemeanour.
Criminology vs. Criminal Justice
Offense – An act or omission that is punishable
Criminology focuses on lawbreaking (nature, extent by special laws (E.g. RA 9165).
& causes); Criminal Justice focuses on the Felony – An act or omission that is punishable by
response to criminal behavior (policing, courts, and the Revised Penal Code (Act # 3815).
corrections). Misdemeanor – Acts that are in violation of
simple rules and regulations.
Is Criminology a Science?
Elements of Crime:
1. Edwin Sutherland and Donald Cressey – Not a. There must be an act or omission;
a science but has the hope of becoming a b. The act or omission must be in violation of
science for the reason that man is the subject law; and
of the study. c. The act is committed either by dolo (malice)
2. George Wilker – Absolutely not a science due or culpa (fault)
to the variations of behavior.
3. Cirilo Tradio – It is a science for the causes of Elements of Crime by Dolo:
crimes are universally alike such as biological, a. Freedom - the ability to do whatever one
physical, psychological, and economical. wishes
Criminology is not a science but has the hope b. Intelligence - the ability to know what is right
of becoming a science Criminology is not a and wrong
perfect science. c. Intent - use of particular means to effect a
particular result
NATURE OF CRIMINOLOGY
Motive – the moving power that impels one to do
1. An Applied Science – Able to be put to an act. It is NOT an element of a crime.
practical use.
2. A Social science – In as much as crime is a Elements of Crime by Culpa:
societal creation and it exists in a society, its a. Freedom
study must be considered a part of social b. Intelligence
science. c. Negligence/Imprudence (Lack of Skill/
3. Dynamic – The progress of criminology is Foresight)
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
within the territory.
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Subject: Introduction to Criminology & Psychology ofCrimes

CHARACTERISTICS OF CRIMINAL LAW Manners of Committing Crime:

1. GENERALITY – Penal laws and those of public a. Material Crime – The 3 stages are present.
security and safety shall be obligatory upon all b. Formal Crime – No frustrated stage
who live or sojourn in Philippine territory, subject c. Crimes committed by mere attempts – E.g.
to the principles of public international law. Flight to Enemy’s Country, Abuses against
Chastity.
Exceptions:
a. Heads of State
b. Ambassadors ACCORDING TO THE MODE OF EXECUTION
c. Ministers plenipotentiary / Min. resident
d. Charge’s d Affairs 1. Intentional Felonies – Committed by means of
deceit.
NOTE: This is in adherence to the principle of
international law; and adherence to the principle 2. Culpable Felonies – Where the wrongful act
of reciprocity. result from imprudence (lack of foresight),
negligence (lack of skill).
2. TERRITORIALITY – Criminal laws undertake to
punish crimes committed within Philippine
ACCORDING TO GRAVITY
territory. Penal laws of the country have force
and effect only within its territory. It cannot
1. Grave Felonies – Those felonies which the law
penalize a crime committed outside the country.
imposes capital penalty and those with afflictive
penalties (Prision Mayor – Death).
Exception: Art. 2, RPC
2. Less Grave Felonies – those with correctional
penalties (1month 1 day – 6 years).
3. PROSPECTIVITY - A penal law cannot make an
3. Light Felonies – Those which the law imposes a
act punishable in a manner in which it was not
penalty of Arresto Menor (1 day to 1month) and/
punishable when committee.
or a fine of P200.00.
Exception: Whenever a new statute dealing with
the crime establishes conditions more lenient or Mala in se vs. Mala prohibita
favorable to the accused, it can be given a
retroactive effect. Crimes which are wrongful in nature are called mala
CLASSIFICATION OF FELONIES in se; mere violations of rules of convenience
designed to secure a more orderly regulation of the
ACCORDING TO STAGES IN THE COMMISSION affairs of the society are mala prohibita.
OF CRIME:
ANATOMY OF CRIME – For any crime to happen,
1. Attempted Stage – the offender commences there are three elements or ingredients that must be
the commission of the felony directly by overt present at the same time and same place. These are:
acts and does not perform all the acts of
execution because of some reasons other than 1. Instrumentality – is the means or implement
his own spontaneous desistance. use in the commission of the crime.
2. Frustrated Stage – when the offender has 2. Opportunity – The time and place conducive
performed all acts of execution which will for its commission.
produce the felony as a consequence but 3. Resistance to Temptation – The values of the
which nevertheless, do not produce the felony offender to refrain from committing an act.
by reason of causes independent of the will of
the perpetrator. FORMULA OF CRIME (By: Abrahamsen)
3. Consummated Stage – when all the elements
necessary for its execution and
Criminal Tendency + Opportunity
accomplishment are present.
CRIME=
--------------------------------------------------------
Resistance to Temptation

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Saint Mary’s University_Criminology Review Center 3
Subject: Introduction to Criminology & Psychology ofCrimes

a. Upper World Crimes – those committed by


CRIMINOLOGICAL CLASSIFICATION OF individuals belonging to the upper class of the
CRIMES society.
b. Under World Crimes – those committed by
lower or under privilege class of society.
As to result of crimes:
a. Acquisitive Crimes – is one which when
committed the offender acquires OTHER CLASSIFICATIONS OF CRIMES
something as a consequence of his
criminal act. a. Crimes by Imitation - crimes committed by
b. Extinctive Crimes – when it results to merely duplicating those done by others.
destruction. b. Crimes by Passion – crimes committed
because of the fit of great emotion.
As to the period of commission: c. Service Crimes – crimes committed by
a. Seasonal Crimes – those that are rendering service to satisfy the desire of
another.
committed only at a certain period of the
d. Traditional Crime- committed every now and
year. then
b. Situational Crimes – those that are e. Crimes Due to Social Change- poverty crimes
committed only when given the situation ex. Prostitution
conducive to its commission. f. Emergency Crime- committed to take
advantage of an abnormal situation
As to the length of time of commission: g. Victimless Crime- act committed by
a. Episodic Crimes – crimes that are consenting persons in private, there is no
committed by a series of acts in a lengthy intended victim.
space of time.
h. Index Crime- are crimes which are serious in
b. Instant Crimes – those that are committed
nature and which occur with sufficient
in the shortest possible time. frequency and regularity such that they can
serve as an index to the crime situation in the
As to the place of commission Philippines, we consider only the actual crimes
a. Static Crimes – crimes that are committed of murder, homicide, physical injury
only in one place. (serious and less serious), robbery, theft,
b. Continuing Crimes – crimes that are and rape.
committed in several places.

As to mental faculties: i. Non- index Crime – Crimes against persons


(parricide/infanticide, maltreatment,
a. Rational Crimes – those that are
kidnapping); crimes against property (estafa
committed with intent. and falsification, malicious mischief and
b. Irrational Crimes – those that are omitted damage to property); crimes against morals
by offenders who do not know the nature and order (prostitution, vagrancy, alarm and
of their acts. scandal, assault/resistance to authority,
corruption of public official, gambling, slander
As to the type of offenders: and libel, threat and coercion and trespassing),
a. White Collar Crimes – those that are crimes against chastity (abduction, seduction,
committed by persons of responsibility and lascivious acts) and other crimes (illegal
of upper socio economic class in the possession of firearms, explosives and
ammunition, concealment of deadly weapons,
course of their occupational activities.
smuggling, carnapping and prohibited drugs)
b. Blue Collar Crimes – crimes committed
by ordinary professionals to maintain their Total Crime Volume = Index + Non-index
livelihood. Crimes.

As to the standard of living:

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Saint Mary’s University_Criminology Review Center 4
Subject: Introduction to Criminology & Psychology ofCrimes

Average Monthly Crime Rate = [(Total Crime  Organized Criminals – one who associates
Volume/12 months) x 100,000 with other criminals.
population]/population of region or country.  Professional Criminal – one with high
degree of skill in committing crimes.
Crime Solution Efficiency = (Crime
Solved/Crime Volume) x 100%. 3. Based on Legal Classification
a.Recidivist under Article 14 (9) – The
offender at the time of his trial for one crime
j. Cyber Crimes/ Computer Crimes – shall have been previously convicted by final
judgment of another embraced in the same
Computer crime – Refers to any crime that title of the Revised Penal Code.
involves a computer and a network, where the
computers may or may not have played an b.Repetition or reiteracion under Article 14
instrumental part in the commission of the (10) – The offender has been previously
crime (Moore 2000). punished for an offense which the law
attaches an equal or greater penalty or for
Netcrime refers, more precisely, to criminal two or more crimes to which it attaches a
exploitation of the Internet. Issues surrounding lighter penalty.
this type of crime have become high-profile,
particularly those surrounding hacking, c.Habitual delinquent under Article 62 (5) –
copyright infringement, child porn, and child The offender within the period of 10 years
grooming. There are also problems of privacy from the date of his release or last conviction
when confidential information is lost or of the crimes of serious or less serious
intercepted, lawfully or otherwise. physical injuries, robo, hurto, estafa or
falsification, is found guilty of the any of said
crimes a third time or oftener.
Spam – Or the unsolicited sending of bulk
email for commercial purposes, is unlawful to
d.Quasi-recidivist under Article 160 – Any
varying degrees. As applied to email, specific
person who shall commit a felony after
anti-spam laws are relatively new, however
having been convicted by final judgment
limits on unsolicited electronic communications
before beginning to serve such sentence or
have existed in some forms for some time.
while serving such sentence shall be
punished by the maximum period prescribed
by law for the new felony.

B. CRIMINAL is a person who committed a crime


and has been convicted with final judgment by a
competent court. A person who violated a social 4. Classification of Criminals by Lombroso:
norm or one who committed an anti social act.
a. Born Criminals – Atavism describes one
CRIMINOLOGICAL CLASSIFICATION OF having shifty eyes, elongated jaws and no
CRIMINALS: mustache.
b. Criminal by Passion – individuals who are
1. Based on Etiology easily influenced by great emotions.
 Acute Criminal – one who violates a c. Insane Criminals – those who commit
criminal law because of the impulse or fit of crimes due to mental abnormalities or
passion. psychological disorder.
 Chronic Criminal – one who commits crime d. Criminoloids – one who commit crime due
in consonance with deliberate thinking. to less self control. Those suffering from
defects that are psychological. E.g.
Kleptomaniac.
e. Occasional Criminal – one who commit
2. Based on Behavioral System crimes due to insignificant reasons that
 Ordinary Criminal – the lowest form of pushed them to do at a given occasion.
criminal in a criminal career f. Pseudo Criminals – those who kill in self-
defense.

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Saint Mary’s University_Criminology Review Center 5
Subject: Introduction to Criminology & Psychology ofCrimes

b. Medical Approach – It explains the role of


5. Types of Criminals by Garofalo: physical and mental conditions of the
individual prior or after the commission of the
a. Murderers – those who are satisfied from criminal acts. It further explains that even if
vengeance an individual commits an offense, proper
b. Violent Criminals – those who commit very medical examinations will show that the
serious crimes. offender is mentally ill at the time of the
c. Deficient Criminals – those who commit commission of the offense.
crimes against property.
d. Lascivious Criminals – those who commit c. Biological Approach – It explains
crimes against chastity. inheritance as a cause of crime.

Martin Kallikak Family – By Henry Goddard


C. VICTIM refers to an individual whose right/s are Margaret Jukes Family – Richard Dugdale
violated by another person.
d. Physiological Approach – It explains that,
Victimology – A branch of the study of instinctively, it is the nature of a human being
criminology which deals with the study of an to acquire all the physical needs in order to
individual who somehow, one way or the other, satisfy all his wants. In short, every man
has contributed to the commission of a crime or possesses integrity and whenever we lose
offense making himself a party in crime and at sight of a human as a whole we violate that
the same time a crime victim of his own volition integrity.

Restorative Justice System – A justice system e. Psychological Approach – Intelligence,


that concerns on the victims of crimes; unlike the emotion and education of the individual must
criminal justice system. be taken into consideration in relation to the
wrongful act he has committed. Research
Victimless Crimes – Are crimes where there is showed that once the community and its
no private offended party (e.g. adultery, members deprive the individual of his natural
concubinage); or where the State is considered needs, crime will be committed as a result of
as the victim (e.g. violation of PD 1866, PD 1829, such frustration.
RA 4136).
f. Psychiatric Approach – This approach
explains that the cause of behavioural
difficulties is to be found in emotional tension
originating in early life conflict with the family.
D. CRIMINAL BEHAVIOR - refers to the study of Moreover, behavioural patterns will be
human conduct focused on the mental processes established which will later become
of the criminal, the way he behave or act permanent and fixed and it is hard for any
including his activities and the causes and correctional institution to change this attitude
influences of his criminal behaviour. if he is never caught of violation of law or
ordinance.

APPROACHES TO THE EXPLANATION OF CRIME g. Psycho-analytical Approach – This is


based upon the Freudan theory which traces
1. SUBJECTIVE APPROACH. This approach behaviour as a deviation to the repression of
derived mainly from the biological, has sought for basic drives.
the explanation of crime in the form of
abnormalities of aberration that primarily exist
within the criminal himself. 2. OBJECTIVE APPROACH. It is derived from the
social science point of view that offenders are
a. Anthropological Approach – This approach normal beings upon who have played the
had tried to compare the physical external criminogenic forces. It deals with the
characteristics of the individual offender to study of groups, social process and institutions
non-offenders. as productive deviant behaviour.

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Saint Mary’s University_Criminology Review Center 6
Subject: Introduction to Criminology & Psychology ofCrimes

a. Geographic Approach – It considers behavior that were not theological but with
climate as one of the factors that lead scientific study. The development of this is now
individuals to do a criminal act. known as the era of classical criminology.
b. Ecological Approach – It concerns itself
B. MODERN CRIMINOLOGY (19th Century) – This
with the biotic grouping of men thus, resulting
from migration competition and division of time criminology distinguished itself as a
labor. Migration is a conduct from one place subspecialty of the emerging disciplines of
to another which sometimes create conflict psychology, sociology and economics.
between the immigrant and the inhabitant of Criminologists conducted empirical tests of their
such place thus leading to social theories, rather than solely on speculation.
discrimination.
c. Economic Approach – Financial hardship is
C. INDEPENDENT CRIMINOLOGY (20th century) –
one of the primary causes of criminality,
therefore, it is necessary for every human Criminology begin to assert its independence
being to contemplate or consider with deep from traditional disciplines that spawned it.
regret and compassion the strong temptation Criminological theories have become more multi-
which has frequently prevailed for so many disciplinary because independent criminologists
years from want of the necessities to support seek to understand crime itself rather than study
life. crime as one aspect of an overall sociological or
d. Sociological & Cultural Approach – It is
psychological theory.
concerned with the influences on behaviour
of group life, including rules and statutes,
social classes and social mobility, subculture,
cliques and social changes.
A. CLASSICAL CRIMINOLOGY (18TH CENTURY) –
It was not until in 18th century when authors
THE DEVELOPMENT OF CRIMINOLOGY. began to condemn the frequent use of torture
and the widespread imposition of capital
The issues of crime and punishment have punishment and other brutal and degrading
aroused interest and discussion since ancient times. sanctions.
Scriptures dating from the 10th century BC prohibit
certain acts and provide consequences for those who It asserts that human beings are endowed with
absolute free will to choose right from wrong.
disobey these rules. In the 5th century BC Greek
Human beings are fundamentally rational, and
historian Thucydides wrote about the usefulness of most human behaviour is the result of free will
the death penalty. With the development of coupled with rational choice.
Christianity in the 1st century AD, questions of crime
and punishment were almost always discussed in Cause of Crime: Crime is the result of a rational
religious terms. decision based on a calculation of costs and
benefits.
Demonological Theory - It maintains that criminal
behaviour was believed to be the results of evil Rational Choice Theory – Argues that criminals,
spirits and demons something of natural force and like other people, weigh costs/ risks and benefits
controls behaviour. when deciding whether or not to commit crime
and think in economic terms.
Implication for Criminals: Brutal corporal
punishments designed to placate the gods, cleanse Implication to Criminals: Swift, certain, severe
the community, and identify individuals as deviant. punishment within the framework of a rational
legal system will deter criminal behaviour.

The Three Stages: Deterrence Theory: One objective of


punishment is to send a message addressed
A. CLASSICAL CRIMINOLOGY (18th Century) – to the public at large.
When scholars first distinguished crime from sin
they made possible explanation of criminal

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Saint Mary’s University_Criminology Review Center 7
Subject: Introduction to Criminology & Psychology ofCrimes

- General Deterrence - The idea of B. MODERN CRIMINOLOGY (19th Century) – At


punishing the offenders will deter the rest the beginning of the 19th century, scholars begin
of the society. to apply the concepts and technologies of the
- Specific Deterrence – Offenders who
rapidly developing biological and behavioral
feel the pain of punishment should be
less likely to offend in the future. sciences to the study of crime.

THE ITALIAN SCHOOL/ POSITIVISM – The term


Proponents: Positivism refers to a method of analysis based on
the collection of observable scientific facts. It
1. Cesare Bonesana, Marchese di Beccaria – An maintained that crime as any other act is a natural
Italian jurist that published book on “Essay of phenomenon and is comparable to disaster or
Crime and Punishment”. He criticized the use of calamity. Crime is a social and moral phenomenon
torture and secret judicial proceedings and which cannot be treated and checked by the
advocated abolition of the death penalty. imposition of punishment but rather rehabilitation or
the enforcement of individual measures.
Arguments:
 The certainty rather than severity of This school argued that man is subdued occasionally
punishment was a more effective deterrent to by a strange and morbid phenomenon which
conditions him to do wrong in spite of or contrary to
crime;
his volition.
 Penalties imposed for criminal offenses
should be in proportion to the seriousness of
the offense. Cause of Crime: Criminal behavior is determined by
2. Jeremy Bentham – A British philosopher who biological, social, or psychological factors outside of a
proposed the systematic codification of criminal person’s control.
Implication for Criminals: Advocate a medical
law. He urged lawmakers to base crimes and
model. Individuals are “treated” based on the set of
punishments on the principle of utility – that is the factors that caused them to engage in crime.
greatest good for the greatest number. He
attacked the excessive severity of punishment
prescribed in the criminal law. Principal Exponents:

Effects of Bentham Teachings: 1. Cesare Lombroso – In his book “The Criminal


 The number of crimes in England punishable Man” (1876), he asserted that:
by death penalty was reduced from about a. Criminals could be identified by observing
250 at the beginning of the 19th century to 4 certain physical traits, including a long lower
by 1861. jaw, asymmetric cranium and other
 His ideas were introduced as legislation into detectable conditions;
the British parliament, and his effort laid the b. These traits do not cause criminal behavior,
ground work for substantial legal reform. but they revealed an inherent propensity to
crime;
c. The propensity towards crime was the result
of atavism – a reversion o a more primitive
Neo-classical Theory – This maintains that there state of human development.
are some situations or circumstances that maid it
impossible to exercise freewill thus, humans are not
2. Enrico Ferri – Lombroso’s student who
always responsible for their actions (E.g. Children,
Insane, Imbecile). considered social factors such as population
trends, religion, and the nature of family. He
proposed a more elaborate classification of
criminal types:
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Saint Mary’s University_Criminology Review Center 8
Subject: Introduction to Criminology & Psychology ofCrimes

a. The born or instinctive criminal; theories, which had begun in the era of modern
b. Insane criminal; criminology. Large-scale surveys of victims and self-
c. Passionate criminal/ innate criminal; report surveys of criminals provided data on crime
and criminals independent of police and correctional
d. Involuntary criminal;
records. In keeping with the new multidisciplinary
e. Occasional criminal; nature of criminology, public and private funding
f. Habitual criminal. encouraged the formation of multidisciplinary groups
of researchers to engage in data collections.
3. Raffaele Garofalo – Italian lawyer whose major
contribution is the concept of natural crime.
According to him, natural or true crime is the
conduct that is against the average moral sense
of the community. The true criminal is one who
BIOLOGICAL THEORIES OF CRIME
lacks the basic altruistic sentiments of pity and
honesty. He acknowledged certain forms of
criminal behavior might be encouraged by social
and environmental factors. Charles Buckman Goring – A British criminologist
who recorded the facial and other measurements of
several thousand criminals and non-criminals. In his
book “ The English Convict” (1913), he concluded
THE CHICAGO SCHOOL – It arose in the early 20th
that Lombroso’s findings had no adequate scientific
century with the works of urban sociologists at the
support and that the statistical evidence disproved
University of Chicago. They adopted a social
the existence of a biological criminal type.
ecology approach to studying cities, and postulated
that urban neighborhoods with high levels of poverty Two Types of Biological/ Biosocial Theories:
often experience breakdown in the social structure
and institutions such as family and schools. a. Genetic Factors – The traits transmitted from
parents to offspring.
Robert E. Park and Ernest Burgess (1920s) – b. Neurological Abnormalities – Irregularities in
Identified five concentric zones that often exist as neurological development that might undermine
cities grow, including the “zone in transition” which certain self-controls hat inhibit criminality. It may
was identified as most volatile and subject to occur in the structure of the brain or in the
disorder. classical composition of the brain.

Henry McKay and Clifford Shaw (1940s) –


American researches who theorized that as people
migrated from rural locations to urban centers; their PSYCHOLOGICAL THEORIES OF CRIME
poverty forced them into districts that were in the
fringe of industrial zones. This area is characterized
by high levels of social disorganization.
It attempts to explain causes of crime with
human intellectual and emotional development.

C. INDEPENDENT CRIMINOLOGY (Late 1960s A. MORAL DEVELOPMENT THEORIES – It


and early 1970s) describe a sequence of development stages that
people pass through when acquiring the capacity
The evolution toward an independent to make moral judgment. The development
criminology freed the discipline from the dominance process may or may not be completed, and
of sociology. Theories of criminal behavior became people who remain unable to recognize right from
more multidisciplinary and included a greater variety
wrong will be more likely to engage in
of causal factors, including biological, psychological,
and sociological factors. New technologies helped inappropriate, deviant, or even criminal behavior.
increase the emphasis on empirical testing of
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Saint Mary’s University_Criminology Review Center 9
Subject: Introduction to Criminology & Psychology ofCrimes

Jean Piaget - A Swiss psychologist proposed that process by which an individual progresses from basic
children evolve through 4stages of cognitive needs such as food and sex to the highest needs of
development which is also the moral development. what he called self-actualization—the fulfillment of
one's greatest human potential
a. From birth to age 2 – experience the world only
through their senses & motor abilities; Maslow’s Hierarchy of Needs:
b. Between 2-7 – At this age, children are
egocentric, that is, they believe that others Self-Actualization
experience the same reality that they do; Self-Esteem
c. From 7 to adolescence – The child learns to think Need of Love & Belongingness
logically and to organize and classify objects; Safety Needs
d. From adolescence – The child develops the Physiological Needs
ability to think logically about the future and to
understand theoretical concepts.
ENVIRONMENTAL AND
SOCIAL THEORIES OF CRIME

B. SOCIAL LEARNING THEORIES – Propose that


people internalize moral codes more through the
process of socialization – learning behaviors A. SOCIAL CAUSES
through interaction with others. Rewards for
acceptable behaviors and sanctions for 1. Gabriel Tarde (1880s) – A French sociologist
transgressions indicate what appropriate whose basic theory on the causes of crime was
behavior is. Through this process children begin founded on laws of imitation. Persons
to control themselves in a manner consistent with predisposed to crime are attracted to criminal
moral and legal codes. activity by the example of other criminals. The
particular crimes committed and the methods of
committing those crimes are the products of
imitation.
C. PERSONALITY THEORIES – Attempt to explain
how people acquire predispositions toward
certain behavior. These predispositions are
sometimes discussed in terms of personality 2. Emile Durkheim – A French sociologist who
traits, such as impulsiveness and stubbornness, used the term “Anomie” to describe the feelings
or personality types, such as introvert and of alienation and confusion associated with
extrovert. breakdown to social bonds. Crime is related to
the loss of social stability.

Sigmund Freud – An Austrian physician who


described emotional development as the process of Socio-Structural Theories: The principal goal of
achieving a balance between conflicting desires. He these theories is to explain why poorer people
proposed that the human mind consists of: engage in crime more frequently than wealthy
individuals.
a. ID – Instinct
b. Ego – Sense of self 3. Robert Merton – An American sociologist who
c. Superego – Conscience and moral values developed the “Structural Strain Theory”. He
posits that people who aspire to the cultural
norm of economic achievement but are denied
Abraham Maslow (1908-70), American psychologist the education, capital, or other means to realize
and leading exponent of humanistic psychology. He those ends will experience strain.
developed a theory of motivation describing the
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Saint Mary’s University_Criminology Review Center 10
Subject: Introduction to Criminology & Psychology ofCrimes

Labeling Theory. This theory views that youths may


Merton’s Response to Strain: violate the law for a variety of reasons, including poor
a. Innovation – Illegitimate means are resorted family relations, peer pressure, psychological
to when legal means are not available to abnormality, and pro-delinquent learning
achieve his goal; experiences. Regardless of the cause of individuals’
b. Retreatism – The person gives up the delinquent behaviors are detected, the offenders will
pursuit of economic success and engages in be given a negative label that can follow them
self-destructive behavior, such as drug throughout life. These label include “troublemaker”,
abuse; “juvenile delinquent”, “mentally ill”, “junkie” and
c. Rebellion – Engages in revolutionary more.
activities or in attempts to reform the system.

B. Economic Causes – It links economic


deprivation to increased motivation to commit
crimes (esp. poverty crimes). It assumes that
4. Edwin Sutherland – He developed the when economic conditions worsen more people
“Differential Association Theory”. It contends experience deprivation and turn to crime to
that people whose environment provides the reduce the deprivation.
opportunity to associate with criminals will learn
these skills and will become criminals in Karl Marx (1818-1883) – A German political
response to strain. If the necessary learning philosopher and revolutionary, with political
structure is absent they will not. economist Friedrich Engels, he founded scientific
socialism now known as communism;
Subcultural Theories: Sub cultural theorists Marxism Theory - Posits that capitalist societies
maintain there is so-called lower class culture that generate surplus labor as a means of limiting the
emphasizes toughness, excitement, fate and demands of workers for higher wages and other
autonomy. Members of these groups will be benefits. During periods of economic expansion,
disproportionately involved in crime because they fewer people are punished for criminal activity. This
acquire and follow the values of their group. reduces the amount of people in jail and increases
the size of surplus labor in the economy. On the other
hand, during periods of economic decline, more
people are put in jail, which prevents too much
5. Travis Hirshi – An American sociologist who
surplus labor from posing a threat to the social and
developed the “Social Control Theory”
economic order.
(1960’s). This theory focuses on the question
“why most people do not commit crimes”. He
assumes that everyone has a predisposition
toward criminal behavior. Whether or not a THEORIES OF CRIMINAL OPPORTUNITY
person acts on those predispositions depends
on whether he or she has ties to groups that
impart values opposing crime, such as the
family, school, the community, and volunteer Lawrence Cohen & Marcus Felson – American
organizations. People with such attachments sociologists who developed the “Criminal
initially hold certain values because they fear Opportunity Theory or Routine Activity Theory”
sanction from these groups. Gradually, (1970s).
however, the values are internalized and
followed because of a belief that to do They argued that criminal motivation alone was not
otherwise would be morally wrong. People sufficient to commit crime. In addition to motivation,
without these attachments are not deterred by the offender requires the opportunity to pursue his or
threat of group sanction nor do they ultimately
internalize legitimate norms, and thus they are her inclinations. According to opportunity theory, the
more likely to engage in criminal activity. dangerousness of a particular environment relates to
three factors:
-criminator_budz// jonathan r. budaden
Saint Mary’s University_Criminology Review Center 11
Subject: Introduction to Criminology & Psychology ofCrimes

a. a motivated offender;
b. suitable target or victim; a. Pyknic (stout) – They tend to commit
c. lack of capable guardian. deception , fraud, etc.;
b. Athletic (muscular) – They are usually
connected with crimes involving violence;
c. Asthenic (slender) – Their crimes usually
involve properties like theft.

OTHER IMPORTANT STUDIES 5. William Sheldon (1898) – American


OFCRIMES AND CRIMINALS psychologist who advocated the
“Somatotyping Theory”. The three
A. GEOGRAPHIC FACTORS somatotypes are the:

1. Adolphe Quetelet – “Thermic law of a. Endomorph (Stout)


Delinquency” – Crimes against persons b. Mesomorph (muscular)
predominate in the South Pole/ during warm c. Ectomorph (Slim)
season ; while crimes against property
predominate in the North Pole/ cold countries.
C. PSYCHOANALYTIC AND PSYCHIATRIC
2. Montesquieu (1748) – Criminality increase in FACTORS
proportion as one approaches the equator.
1. August Aichorn – In his book “Waywad Youth”
(1925) mentioned that the cause of crime and
B. BIOLOGICAL FACTORS (Based on Criminal delinquency is the faulty development of child
Anthropology) during the first few years of his life.

1. Johann Kaspar Lavater – “Physiognomy “ – 2. David Abrahamsen – In his book “Crime and
A theory based upon the idea that the the Human Mind” (1945), explained the causes of
assessment of the person’s outer appearance, crime by this formula (CB = CT + S / PMRT).
primarily the face, may give insights into one’s
character or personality. 3. Sir Cyrill Burt – In his book “Young Delinquent”
(1925) discussed the theory of general
2. Franz Joseph Gall (1810) – “Phrenology” – emotionality. He posits that crime can be traced
A theory which claims to be able to determine to either in excess or a deficiency of a particular
character, personality traits and criminality on instinct account for the tendency of many
the basis of the shape of the head. criminals to be weak willed or easily led.

3. Charles Buckman Goring – “Craniology” – 4. Healy – He claimed that crime is an expression


the study of the external formation of the skull, of the mental content of the individual.
in relation to behavior. He found out that
criminals are physically inferior to normal 5. Bromberg (Crime and Mind, 1946) – He claimed
individuals in the sense that they tend to be that criminality is the result of immaturity. Person
shorter and have less weight than non- emotionally matured when he has learned to
criminals. control his emotion effectively and who lives at
peace with himself and in harmony with
4. Ernest Kretschmer – He associated body standards of conduct which are acceptable to
physique with the types of crime. society.

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Saint Mary’s University_Criminology Review Center 12
Subject: Introduction to Criminology & Psychology ofCrimes

refers to one who is engaged in the practice of


6. Erik Erickson – He used the term Identity Crisis. criminal justice education.
Adloscent undergoing an identity crisis might
exhibit out of control behavior and experiment
with drugs and other forms of deviance. ESSENTIAL PROVISIONS OF

REPUBLIC ACT NO. 6506


7. Carl Gustav Jung - He developed and
AN ACT CREATING THE BOARD OF
popularized the concept of extrovert and
EXAMINERS FOR CRIMINOLOGISTS IN THE
introvert. Extroverts are those that derive
PHILIPPINES AND FOR OTHER PURPOSES
satisfaction from the external world and material
things. Introverts are individuals with strongly Approved and Took effect on July 1, 1972.
self-centered patterns of emotion.
SECTION 12.    Qualifications for Examination. —
Any person applying for examination and for a
certificate, shall, prior to admission to examination,
OTHER IMPORTANT PERSONALITIES:
establish to the satisfaction of the Board that:
1. Alphonse Bertillon (1853) – Introduced a. He is at least eighteen years of age and a citizen
anthropometry or body measurement as a form of the Philippines;
of personal identification. b. He must be a person of good moral character, as
certified to by at least three persons of good
2. Willem Adrian Bonger – A Dutch criminologist standing in the community wherein he resides;
who asserted that crime is social in origin and a c. He must not have been convicted of a crime
normal response to prevailing cultural involving moral turpitude; and
foundations. d. He has graduated in Criminology from a school,
college or institute recognized by the
3. Walter Reckless – Criminality is brought about Government after completing a four-year resident
by the inability of the group to contain the collegiate course leading to the degree of
behavior of its members and that of effective Bachelor of Science in Criminology (B.S. Crim.):
containment of the individuals into the values provided, that holders of Bachelor of Laws
system and structure of society will minimize degree may, within five years after the approval
crime. of this Act, take this examination after completing
4. Dr. Alec John Jeffreys – A British geneticist at least ninety-four (94) units Criminology, Law
who first used Deoxyribonucleic Acid (DNA) Enforcement, Police Science and Penology
Fingerprinting in solving crimes. subjects.
5. Charles Darwin – He proposed the theory of
human evolution, as that man came from apes. SECTION 15.    Ratings in the Examination. — In
6. Sir Robert Peel – The Father of Modern Policing order to pass the examination, a candidate must
System. obtain a general average of at least seventy-five
7. Dr. Hans Gross – He is known as the “Father of percent with no rating below fifty percent in any of the
Criminalistics”. subjects.
8. Sir Edward Richard Henry – The Father of
Fingerprint Identification. SECTION 17.    Oath-taking. — All successful
9. Albert Osborne – The father of Questioned candidates shall be required to take a professional
Document Examination. oath before the Board on or before any person
10. Jonathan R. Budaden – Introduced the term authorized to administer oaths prior to entering upon
“criminator” in the English language which the practice of criminology in the Philippines.

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Saint Mary’s University_Criminology Review Center 13
Subject: Introduction to Criminology & Psychology ofCrimes

SECTION 20.    Revocation of Certificate of 3. As technician in dactyloscopy, ballistics,


Registration. — The Board may, after giving due questioned documents, police photography, lie
notice and hearing to the party concerned, revoke or detection, forensic chemistry and other scientific
suspend his certificate of registration if found guilty of aspects of crime detection.
malpractice, incompetency, unprofessional
conduct, serious ignorance or gross negligence 4. As correctional administrator, executive
in the practice of criminology. He shall be required supervisor, worker or officer in any correctional
to surrender his certificate of registration to the and penal institution.
Board. The decision of the Board, however, may be
appealed within thirty days to the President of the 5. As counselor, expert, adviser, researcher in any
Philippines whose decision shall be final. government or private agency on any aspects of
criminal research or project involving the causes
of crime, juvenile delinquency, treatment of
offenders, police operations, law enforcement
administration, scientific criminal investigation or
SECTION 21.    Reissue of Revoked Certificate
public welfare administration.
and Replacement of Lost Certificate. — After the
expiration of one year from the date of revocation of
a certificate of registration, and after payment of the
required fee, the Board may, for reasons it may deem
sufficient, entertain an application for new certificate
of registration from a person whose certificate has
been revoked.

SECTION 22.    Criminologist Defined. — A


criminologist is 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.

SECTION 23.    Practice of Criminology Defined.


— A person is deemed to be engaged in the practice
of Criminology if he holds himself out to the public in
any of the following capacities:

1. As a professor, instructor or teacher in


Criminology in any university, college or school
duly recognized by the government and teaches
any of the following subjects: (a) Law
Enforcement Administration, (b) Criminalistics, (c)
Correctional Administration, (d) Criminal
Sociology and allied subjects, and (e) other
technical and specialized subjects in the
Criminology curriculum provided by the
Department of Education.

2. As law enforcement administrator, executive,


adviser, consultant or agent in any government or
private agency.

-criminator_budz// jonathan r. budaden

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