Other Important Theories in Criminology
Other Important Theories in Criminology
Other Important Theories in Criminology
D. Phrenology or Craniology
Phrenology or Craniology is the study of external Body Type Physical Temperament
formation of the skull indicating the conformation of the Attributions
brain and the development of its various parts in relation to 1. Ectomorphic tall, thin, Cerebrotonic – full of
the behavior of the criminal. This is associated with the work bony, droopy complaints, insomniac
of Franz Joseph Gall. shoulders with chronic fatigue and
sensitive skin, nervous
and self-conscious, an
E. Physiology or Somatotype
introvert
2. Endomorphic round, fat, Viscerotonic – relaxed,
Physiology or Somatotype refers to the study of the short, tape jolly, lazy, comfortable,
body build of a person in relation to this temperament and loves luxury, an
personality and the type of offense he most prone to commit. extrovert
This approach was originated by Ernest Krestschmer 3. Mesomorphic Muscular with Somotonic – active,
(Physiology) and developed by William Sheldon athletic body dynamic, walks, talk,
(Somatotype). and gestures
assertively, behaves
Kretschmer studied the different body types and aggressively, dominant;
presented the relationship between physique and mental more prone to criminal
illness. He classified the body build into four distinct types: activity than the
ectomophic and
a. Asthenic Type – this person is skinny, with ribs easily
mesomorphic
counted and slender body type. This type usually
commits crime known as petty theft and fraud.
F. Physical Defects and Crimes
Leaders of notorious criminal groups are usually 3. The life-long features of the human personality originate in
nicknamed, in accordance with their physical defects or early childhood. By the age of 5, all of the essential features
handicaps, such funny names as “Dorong Pilay,” “Asiong of the child’s adult personality have been developed.
Bingot,” “Densiong Unano,” and others. These physical 4. Delinquent behavior is the result of a defective superego.
defects were usually source of irritation during their Freud, the founder of psychoanalysis, viewed
childhood days whenever they were the subject of mockery of criminality as a result of too much guilt feelings. The
noticed that those suffering from unbearable guilt
others. As a result, they develop inferiority complex.
committed crimes in order to be apprehended and
Consequently, they have poor social relationship and serious
punished. Once they had been punished, their feelings
emotional disturbances. They lack competitiveness of guilt were relieved.
occupationally and socially, and they become frequently
irritated to people. This makes them resort to violent
criminal behavior. The three (3) parts of the Human Psyche (Personality by
Sigmund Freud):
1. THE ID
PSYCHOLOGICAL THEORIES It is the unconscious seat of irrational, antisocial, and
instinctual impulses, which must be controlled and
shaped
I. FREUDIAN PSYCHOANALYTICAL THOERY for social adaptation to life in society.
It is the original system of personality present at birth.
It focuses on abnormalities or disturbances in the It consists of blind unreasoning, instinctual desires and
individual’s emotional development from early childhood. motives.
Crime, according to Freud, is a symbolic expression of inner Selfishness, violence and anti-social wishes are part of the
tension that each person has but fails to control. It is an out original instinct of man.
expression of having learned self-control improperly. It was fueled by the PLEASURE PRINCIPLE: I WANT
He believes that people develop in a series of stages. When WHAT I WANT WHEN I WANT IT!
abnormalities occur, the person is more likely to experience It is also anti-social and knows no rules, any boundaries
conflict. Conflict arises from the person’s basic drive and or limitations and if left unchecked, it may destroy the
social controls. Because conflict is painful to confront, person.
people tend to push into their unconscious mind, thus, It is the unconscious portion of the personality, the innate
experience that produce conflict. Finally, people use defense part of the personality dominated by the drive (cravings)
mechanisms to handle personal conflicts. for pleasure and by inborn sexual and aggressive
impulses.
The four main elements in Freud’s Theory are as follows:
1. Human nature is inherently anti-social. Every child
possesses a set of primitive anti-social instincts that he
2. THE EGO
called the ID.
It is the conscious and rational part of the mind, and it
2. Good behavior comes thru effective socialization. Thru
usually grows from the ID.
socialization, the child learns internal control.
It is part of the personality that must deal with conflicting Classes of Mental Deficiency
demands of the ID and SUPEREGO.
It also represents problem-solving dimensions of the A. Idiots
personality. They are persons whose case exists mental defectiveness
It deals with reality because it can differentiate reality of such a degree that they are unable to guard themselves
from fantasy. against common physical dangers. Their mentality is
Decisions are reached in terms of REALITY PRINCIPLE. compared to a 2-year-old person.
SOCIOLOGY OF LAW The more right wing criminologies tend to post that
there is a consensual social contract between State and
Divisions of criminology which attempt to offer Citizen.
scientific analysis of the conditions under which penal or
criminal laws develop as a process of formal social control. Therefore, definitions of crimes will vary form place to
place, in accordance to the cultural norms and mores, but
Sociology of law refers to both a sub-discipline of may be broadly classified as blue-collar crimes, corporate
sociology and an approach within the field of legal studies. crime, organized crime, political crime, public order crime,
Sociology of law is a diverse field of study which examines state crime, state-corporate crime, and white-collar crime.
the interaction of law with other aspects of society: such as
the effect of legal institutions, doctrines, and practices on Types and Definitions of Crime
other social phenomena and vice versa. Some of its area of
inquiry include the social development of legal institutions, Both the Positivist and Classical Schools take a
the social construction of legal issues, and the relation of law consensus view of crime-- that a crime is an act that violates
to social change. Sociology of law overlaps with the basic values and beliefs of society. Those values and
jurisprudence economic analysis of law and more specialized beliefs are manifested as laws that society agrees upon.
subjects such as criminology.
1. Blue-collar Crime
In criminology, blue-collar crime is any crime committed by
Two Types Of Law the individual from a lower social class as opposed to white-
1. Natural laws collar crime which is associated with crime committed by
Are rooted in core values shared by many cultures. Natural individuals of a higher social class.
laws protect against harm to persons (e.g. murder, rape,
2. Corporate Crime
In criminology, corporate crime refers to crimes and appointed officials, the bureaucracy, and the institutions,
committed either by a corporation bodies and organizations comprising the apparatus of the
(i. e., a business entity having a separate legal personality from government.
the natural persons that manage its activities), or by individuals
that may be identified with a corporation or other business 7. State-corporate crime
entity (see vicarious liability and corporate liability). In criminology, the concept of state-corporate crime or
incorporated governance refers to crimes that result from the
3. Corporate crime or criminal organizations relationship between the policies of the state and the policies
Are groups or operations run by criminals, most commonly and practices of commercial corporations.
for the purpose of generating a monetary profit. Some criminal
organizations, such as terrorist organizations, are politically 8. White-collar crime
motivated. Gangs sometimes become “disciplined” enough to be Within the field of criminology, white-collar crime or
considered “organized”. ‘incorporated governance’ has been defined by Edwin
Sutherland “.. as a crime committed by a person of
4. Political Crime respectability and high social status in the course course of his
In criminology, a political crime is one involving overt acts occupation”. White-collar crime there therefore overlaps with
and omissions (where there is a duty to act which prejudice the corporate crime because the opportunity for fraud, bribery
interests of the state, its government or the political system. It insider trading, embezzlement, computer crime, and forgery is
is to be distinguished form state crime when it is the states that more available to white-collar employees.
break both their own criminal laws and/or public
international law. States will define as political crimes any 9. Victimless crime
behaviour perceived as a threat , real or imagined, to the state’s Victimless is a behaviour of an individual which is forbidden
survival including both violent and non-violent opposition by law, but which neither violates nor significantly threatens
crimes. the rights or other individuals. Proponents of victimless crime
assert that all consensual crime, ability to consent, is
5. Public order crime victimless, as the rights of a consenting individual can not be
In criminology public order crime is defined by Siegel (2004) violated or threatened and society cannot be a victim.
as “crime which involves acts that interfere with the operations
of society and the ability of people to function efficiently”, i.e, it ■ Victimless crime has the following applications:
is behavior that has been labeled criminal because it is contrary ✔ A victimless crime may be one in which is the accused.
to shared norms, social values, and customs. ✔ In common usage, victimless crime refers to behavior
that is illegal but which is claimed to not violate or
threaten the rights of anyone and may be associated
6. State crime with the implication that the behavior should therefore
In criminology, state crime is activity or failures to act that not be illegal.
break the state’s own criminal law or public international law. ✔ In criminology, victimless crime is now termed public
For these purposes, Ross (2000), defines a “state” mas elected order crime.
✔ In the law, case law has developed to discuss what used presently holding social and political power. Individuals who violate
to be termed “victimless” crime. these rules are subject to sanction by state authority, social stigma,
and loss of status.
CRIME AND CRIMINAL LAW
I. LEARNING OUTCOMES: Within the social context, crime is a behavior that violates
At the end of this lesson, you should be able to: the norms of society – or, more simply, anti-social behavior or
a. Identify the sociology of law deviance.
b. Discuss the types and definition of crime
II. TOPICS: A norm is any standard or rule regarding what human
a. Crime beings should or should not think, say, or do under given
b. Criminal Law circumstances.
c. Characteristics of Criminal Law Deviance refers to conduct which the people of a group
d. Brief History of Criminal Law consider so dangerous or embarrassing or irritating that they bring
special sanction to bear against the persons who exhibit it. It
III. REFERENCE: should be noted that not all deviant behavior is criminal behavior.
Peckley, Miller & Eduardo, Jesster (Essentials
of Criminology)
Elements of Crime
IV. CONTENT
1. Motive (M)- refers to the moving power which impels one to
Crime and Criminal Law act for a definite result. Motive is definite result. Motive is
different from Intent; Intent refers to the purpose in using a
Crime- is an act committed or omitted in violation of particular means to affect such result. Intent is an element of an
public law forbidding or commanding it. Intentional Felony while motive is not. Motive becomes important
only if the identity of the felon has not been clearly established
Criminal Law - is that branch or division of law which (Reyes, 2001).
defines crime, treats of their nature, and provides for their
2. Opportunity (O)- refers to the chance or time given to the
punishment.
offender in committing the crime.
3. Instrumentality or Capability (I/C)- refers to the use of
Crime Concepts
materials or other means in the commission of crime while
- is any rational human conduct that violates a criminal Capability speaks to the physical capability of a person to
C law and is subject to punishment. perpetrate a crime.
7. Punishment – for a behavior to be considered crime, there The present penal code in our country is commonly known
must be a statutory provision for punishment or at least the as the Revised Penal Code which was modified by the committee,
threat of punishment. Without the threat of punishment, a took effect in the Philippines on July 14, 1887, and was in force up
law is unenforceable and is therefore not a criminal law. As to December 31, 1931.
the legal maxim goes, “nullum crimen, nulla poena sine
legis,”, meaning, there is no crime where there is no law
punishing it.
1. Generality- it provides that criminal law is binding on all 1. The foremost principle of the penal code is that the basis of
persons who live or sojourn in the Philippine territory. criminal liability is human free will and the purpose of penalty is
2. Territoriality- states that criminal laws undertake to punish retribution.
crimes committed within the Philippine Territory with the
exceptions provided within the Article two (2) of the Revised Penal 2. To the classicist, and the framers of the Old Penal Code,
Code. man was essentially a moral creature with absolutely having a free
3. Prospectivity- the penal law cannot male an act punishable will to choose between good and evil, thereby placing more stress
in a manner in which it was not punishable when committed (ex
upon the effect or result of the felonious act than upon the man, Before the code of Kalantiao was promulgated in 1433,
the criminal himself. the People of Pre-Spanish Philippines had a customary and
unwritten laws only. Some of the most striking laws
3. They assert that man should only be adjudged and held promulgated during this period were:
accountable from wrongful acts so long as free will appears a. Due respects to elders and parents
unimpaired. b. Strict obedience of children to their parents
c. Strict fulfillment of contract, and
4. It has endeavored to establish a mechanical and direct d. Equality of husband and wife both socially and in the control
proportion between crime and penalty. of their property.