Course Content

OTHER IMPORTANT THEORIES IN CRIMINOLOGY

Criminal Etiology

This lesson presents:

Criminal etiology, in simpler terms, is a study of causes of
Other Important Theories in Criminology crimes. This chapter discusses the different explanations to
criminality. They include the various theories (classical or modern)
 Criminal Etiology and factors (biological, psychological, psychiatric, sociological,
1. Biological Explanations of Criminality geographical, and criminogenic) that account for criminal behavior
2. XYY “Supermale” Studies of man.
3. Physiognomy
4. Phrenology or Craniology Earlier explanations of the existence of criminality
5. Physiology or Somatotype 1. Crime is caused by demon (Paganism Era). Men violate social
6. Physical Defects and Crimes norms and religious practices because they are possessed by
 Psychological Theories demons or evil spirits.
1. Freudian Psychoanalytical Theory 2. Crime is caused by devil will. Men manifest criminal behavior
2. Mental Disturbances and Crimes because they are sinful. God is the offended party when they
3. Paranoid Personality commit crimes, and the punishment is in the form of
plagues, earthquakes, or other forms of desolation. This was,
 Biological and Biosocial Theories
God’s anger is lessened.
 Notable Individuals
 Social Learning Theory 3. Crime is a matter of personal offense and retribution. (Ancient
 Notable Individuals Word, Early Greek Law). The earliest form of punishment
 Social Bonding and Control Theories was private revenge, in which the victim or victim’s kin
 Labeling Theory retaliated for injury and the community did not interfere.
 Anomie and Strain Theories This often resulted in vendetta or blood feuds that could
 Conflict Theory continue for many years until one or the other family was
completely wipe out. The earliest broad laws reflected of the
At the end of the lesson, the student will be able to: retribution system are those found in the Babylonian Code of
Hammurabi (1790 B.C.). these laws were based on “an eye
 find out the different behavior obtain in their classmates; for an eye, a tooth for a tooth” concept of retribution.
 state the possible reasons why they adopt that particular However, the exacting for a penalty corresponding to the
behavior;
offense was observed only when the victim was the upper or
 state their duty as an ego in given situation; and
freeman group. And when a freeman offended a slave (serf),
 create their own theory that apply in identifying crime based
in physical feature. he might make justice by a small payment of money. Slaves
had no legal rights.
4. Crime is equal to sin. (Middle Ages). Crimes and sins were
treated as the same substances and nature. The state
 claimed that it was acting in the place of God when it diseases, 300 infants premature born, 50 prostitutes, and
inflicted horrible punishments such as ostracism, stoning, 30 who were prosecuted for bastardy.
exile from the community, burning, decapitation, and capital
punishment.
2. The Study of the Kallikak Family (Henry Goddard)
Biological Explanations of Criminality Martin Kallikak was an American Revolutionary was
soldier. While stationed in small village, he met a feeble-
The biological explanations of criminality assume that minded girl and had illicit relations with her. About 489
individuals vary in behavior because of their biological descendants from this lineage were traced which included
structural differences. These structural differences may be 143 feeble-minded and 46 normal. Thirty-six were
the result of chromosomes, genes, chemistry, hormones, or illegitimate, 3 epileptics, 3 criminals, 8 kept brothels, and
even body type. The biological theories suppose that 82 died in infancy.
something is happening inside the person, often beyond his
control to cause criminal behavior, and that criminals may 3. The Study of Sir Jonathan Edward’s Family
be born, not made. Sir Jonathan Edwards was a famous preacher during
the colonial period. When his family tree was traced, none
of the descendants was found to be criminal. Rather, many
Heredity and Crimes become presidents of the United States, governors,
members of the Supreme Court, famous writers, preachers,
Early biological theorists believed that criminality was an and teachers.
inherited trait passed on the genes. Although this view las long lost
popularity, many modern criminologists are still interested in the B. The XYY “Supermale” Studies
role of genetics. The role of chromosomes in crime causation has been
The methods employed to test the proposition that analyzed in recent studies in human genetics. The first
criminality was inherited are the following: well-known study of this type was undertaken by Patricia
A. Jacobs, a British researcher who examined 197 Scottish
A. Family Studies prisoners for chromosomal abnormalities through a
Some studies were conducted to prove that children relatively simple blood test known as karyotyping. Twelve
of criminal parents are more likely to become law (12) of the group displayed chromosomes which were
violators that children of conventional parents. They are unusual, and 7 were found to have an XYY chromosome.
as follows: XY Chromosomes is Normal for Males
XX Chromosomes is Normal for Females
1. The Study of the Juke Family (Richard Dugdale)
The Juke Family consisted of 6 girls, some of whom Studies of XYY males tend to show that supermales:
were illegitimate. One of them, Ada Juke, was known as
1) Are taller than the average male, often standing 6’1 or more.
“The Mother of Criminals.” Dugdale traced the 1,200
2) Suffer from acne or skin disorders.
descendants for 75 years and found 280 paupers, 60
3) Are of less than average intelligence.
thieves, 7 murderers, 40 other criminals, 40 with sexual
4) Are overrepresented in prisons and mental hospitals. b. Athletic Type – this person bas broad shoulders,
5) Come from families with less history of crime or mental illness. powerful legs and muscular body type. This type usually
commits with violent crimes.
c. Pyknic Type – this person is stout, has short stubby
C. Physiognomy hands and with round body. This type usually commits
Physiognomy is the study of facial features of a person deception, fraud and violence.
d. Dysplastic or Mixed Type – the person has a body type
in relation to his criminal behavior. This is done to determine
that is less clearly evident having any predominant type
whether the shape of the ears, nose, eyes, and the distances
(unclassifiable). Any person with this body usually
between them were associated with anti-social behavior. The commits an offense against decency and morality.
first to use this approach was Beccaria in his Crime and
Punishment. It was later revived by Swiss theologian Johann Sheldon defined the three body types and their
Kaspar Lavater (1741 – 1801). corresponding temperaments:

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.

3. THE SUPEREGO B. Imbecile

It is the conscience and moralizing part of the mid. They are persons in whose case exists mental
“CONSCIENCE OF MAN” defectiveness, whose thought not amounting to idiocy, is yet
It grows out from ego, and represents the moral code and so pronounced that they are incapable of managing
the norms and values the individual has acquired and the themselves or their affairs. There mentality is like a child of 2
superego is also responsible for feelings of guilt and to 7 years old.
shame.
If the parts of the human psyche co-exist in unified and C. Feeble-minded Persons
Those in whose case exist mental defectiveness which
harmonious way, the person is mentally healthy, but when the
though not amounting to imbecity, is yet so pronounced that
human psyche comes into conflict, the person is maladjusted and
they require care, supervision, and control for their own or
there is a high probability that he will commit delinquent acts.
for the protection of others, or in the case of children, they
In contrast to Freud’s notion of criminality caused by overdeveloped appear to be permanently incapable by reason of such
superego, August Aichorn, argued that criminality is rather the defectiveness or receiving proper benefit from the instruction
result of an underdeveloped superego. Aichorn was psychoanalyst in ordinary schools.
who administered an institution for juvenile delinquents. He
D. Moral Defectiveness
observed that many of the incarcerated youths had underdeveloped
Persons wherein mental defect exist coupled with strong
superegos, and h attributed their criminality to unregulated id.
vicious or criminal propensities, and who require care and
Mental Disturbances and Crimes supervision, and control for their own or for the protection of
others.
Criminal behavior is also link to some mental
disturbances. These disturbances or disorders come in many forms 2. Psychosis – this is the common category of mental disorders
as follows: among youthful offenders and habitual criminals. Psychosis
can be functional or organic. It is characterized by infantile
1. Mental Deficiency – this is a condition of arrested or level of responses, lack of conscience, lack of affection to
incomplete development of the mind existing before the age others and aggression to environment and other people.
of eighteen, whether arising from inherent causes or induced Psychotic people lost contact with reality and have difficulty
by disease or injury. Mentally deficient persons are prone to distinguishing reality from fantasy. Most of the time they
commit malicious damage to property and unnatural sex have severe breakdown in their ability to communicate and
offenses. They may commit violent crimes but definitely not they become isolated from others.
crimes involving the use of mentally.
 The most common types of psychoses are the demands special treatment from others and disregarding the
following: rights and feelings of others.
 Borderline Personality Disorder – It is characterized by
a. Schizophrenia – this is manifested by delusions or instability reflected in drastic mood shifts and behavior
hallucinations or a clear-cut thought disorder. This is problems. The person usually displays intense anger
also common known as dementia praecox. Sometimes outburst with little provocation and he is impulsive,
schizophrenics are not logical in their thoughts, as unpredictable, and periodically unstable.
shown by their language. The personal appearance is  Avoidant Personality Disorder – It is characterized by
dilapidated, and they are liable to impulsive acts and hypersensitivity to rejection and apprehensive alertness to
may commit suicide. any sign of social derogation. Person is reluctant to enter
b. Paranoia – it is psychotic delusion characterized by into social interaction.
incorrect or unreasonable ideas which can be seen as  Dependent Personality Disorder – It is characterized by
truth by people suffering from this disorder. Paranoia extreme dependence on other people – there is acute
is a Greek term which means “a mind beside itself.” discomfort and even panic to be alone. The person lacks
Paranoid people are suspicious and have that feeling confidence and feels helpless.
of being persecuted by others, referred to a psychotic  Passive-Aggressive Personality Disorder – It is
delusion. In the paranoid’s mind the delusion system characterized by being hostile expressed in indirect and non-
us firm and is accompanied by clear and orderly violent ways. They are so-called "stubborn".
thinking because he or she can give rational distinct  Compulsive Personality Disorder – It is characterized by
and clear reasons for his or her thoughts. excessive concern with rules, order, and efficiency that
everyone does things his own way. It is also characterized by
an ability to express warm feelings. The person is over
Paranoid Personality Disorders
conscientious, serious, and he has difficulty in doing things
for relaxation.
 Schizoid Personality Disorder – It is characterized by the
 Anti-social Personality Disorder
inability to form social relationship and lack of interest in
It is characterized by continuing violation of the rights
doing so. Persons with this kind of disorder hardly expresses
of others through aggressive, anti-social behavior without
their feelings. They lack social skills. They are the so-called
remorse or loyalty to anyone.
"loners"
Anti-social Personality is actually the "Psychopathic
 Schizotypal Personality Disorder – It is characterized by
personality” disorder. The person lacks ethical or moral
seclusiveness, over-sensitivity avoidance of communication
development and with inability to follow approved models of
and superstitious thinking.
behavior. They are the unsocialized people, which often bring
 Histrionic Personality Disorder – It is characterized by
them to conflict with the society. They may refer to mixed
immaturity, excitability, emotional instability and self-
groups of individuals such as unprincipled business people,
dramatization.
crooked politicians, drug pushers, quack doctors,
 Narcissistic Personality Disorder – It is characterized by an
prostitutes, etc.
exaggerated sense of self-importance and pre-occupation
with receiving attention. The person usually expects and
3. Neurosis – this is another common type of mental disorder d. Hysteria – this refers to unhealthy or senseless
linked to criminal behavior. Neurotic behaviors are those emotional outburst coupled with violent emotional
that do not grossly violate social norms or represent severely outbreaks.
disorganized personalities. Most neurotic are aware of their e. Phobia – it is generally called exaggerated fears of
problems and may not seek professional help. They do not things that normal people fear to some degree, and
require hospitalization but are guilty, unhappy, anxious fears of things that ordinary people do not fear.
people.
Some Common Phobia

Name of Phobia Object of Fear

Agoraphobia Open, crowded places
Sociophobia People or social situations
Acrophobia Heights
The most common neurosis with their respective Claustrophobia Enclosed places
symptoms are the following: Necrophobia Death and/ or the dead
Homophobia Blood
a. Neurasthenia – this is a condition of a weakened Autophobia Being along
nerves that manifests in fatigue and nervousness and Scotophobia/Achluophobia Darkness
sometimes in physical symptoms such as pain. Pyrophobia Fire
b. Anxiety – it is also known as “anxiety state” or Xenophobia Strangers, foreigners or
“anxiety reaction,” with the person feeling anxious, aliens
fearful or apprehensive. The person may also be
irritated and restless and has chronic tension, poor f. Depression – people who suffer from depressive
concentration and overreaction to noise. neurosis generally have feelings of pain, hurt,
c. Obsessive-compulsive neurosis – this is the unpleasantness, sadness, rejection, self-pity,
uncontrollable or irresistible impulse to do something. helplessness, despair, boredom, and pessimism. When
There may be an active desire to resist this irrational this feeling become pervasive and affect all aspects of
behavior, but the person is prevented by his a person’s life, depression is said to occur.
unconscious motives to act out his difficulty or to
suffer miserably in his fear. This neurosis may be any 4. Epilepsy
of the following forms: This is a condition characterized by convulsive seizures and
I. Kleptomania – the compulsive desire to steal a tendency to mental deterioration. The seizure maybe extreme loss
II. Dipsomania – the compulsive desire to drink of Consciousness. During the attack the person become muscularly
alcohol rigid respiration ceases, froth on the mouth and tongue maybe
III. Pyromania – the compulsive desire to set bitter. The disease is characterized by the reduction of emotional
fire. control, stubbornness and irascibility, impulsiveness, tendency to
IV. Homicidal compulsion – the irresistible urge emotionalism, with much inconsistency in feeling irritability
to kill somebody manifested either by sudden outburst of anger and vicious conduct.
Just before the actual convulsive there maybe mental confusion,  Superego. One of the three components of Freudian
hallucination or delusion and may commit violent crimes without personality development. This part of the personality
provocation. After the attack, the person maybe at the state of contains the conscience of the individual.
altered consciousness and may wonder from one place to another  Electra Complex. This occurs at the beginning of the
and inflict bodily harm. In the course of mild attack, he may phallic stage (around ages 3 to 6) in which a girl
unconsciously perform indecent acts, breech of the peace and develops a desire to possess her father and a hatred
varying degree of crime of violence. and fear of her mother.

Biological and Biosocial Theories Notable Individuals

Biological theories trace back to Lombroso, and vary in the  Freud, Sigmund: (1856–1939) Psychologist, pioneer of
amount of determinism built in. Atavistic man or the “born psychoanalysis and psychological theory, theorized the
criminal” was always going to be at odds with civilized society. More Oedipus complex and the Electra complex, coined the terms
modern biological theories seek to establish a link between things id, superego, ego, sex drive, and libido.
like IQ, testosterone, and criminality. While they share a biological  Friedlander, Kate: Wrote The Psychoanalytic Approach to
link, modern theories understand that the influences of choice and Juvenile Delinquency (1947).
the larger society also play a role in the crime dynamic.  Akers, Ronald: Sociologist and criminologist, collaborated
with Robert Burgess to develop the differential
 Biosocial Theories. reinforcement theory, wrote Deviant Behavior: A Social
Theories that examine the combined effects of biology, behavior, Learning Approach (1973, 1977).
and the environment on criminal behavior.  Sutherland, Edwin: (1883–1950) Developed the differential
association theory, wrote The Professional Thief (1937) and
Psychological Theories Principles of Criminology (1947).
Psychological Theory. A general perspective that looks to the
psychological functioning, development, and adjustment of an Social Learning Theory
individual in explaining criminal or deviant acts. Under this  Behavior Theory. Burgess and Akers expanded differential
approach, the criminal act itself is important only in that it association and included elements of behavior theory and
highlights an underlying mental issue. behavior modification. This expansion allowed them to
 Freudian. This view of behavior focuses on early identify the learning process, and included elements such as
childhood development. It claims that criminal activity operant behavior, respondent conditioning, discriminative
is the result of a conflict between the id, ego, and stimuli, and schedules of reinforcement.
superego, which can be traced back to a conflict in  Differential Association. A theory of crime and delinquency
early childhood. developed by Sutherland. Criminality is basically the result
 Id. One of the three components of Freudian of engaging in inappropriate behaviors exhibited by those
personality development. The id contains basic with whom we interact.
instincts and drives, such as the need for food, water,  Differential Identification. A modification of differential
sex, and pleasure. association theory. In this view, people commit criminal or
 Ego. One of the three components of Freudian delinquent acts if they believe that it will lead to acceptance
personality development. The ego is referred to as the by and approval of these important people in their lives.
executive or rational part of the personality, and it  Imitation. One of the four main concepts of Akers’s social
acts to keep the id in check. learning theory. Behavior modeled by others for an individual
 may be copied by that individual. Impressions of the  Aspirations and Expectations. This refers to anomie strain
individual doing the modeling, along with perceived risks and theory. Aspirations refer to what one hopes to achieve in life,
rewards, will factor into the imitation decision. and expectations refer to what the individual believes is
realistic. The greater the difference between aspirations and
Social Bonding and Control Theories expectations, the more likely strain becomes.
 Containment Theory. A control theory in which the inner
and outer pushes and pulls on an individual will produce
delinquency unless they are constrained or counteracted by Key Concept
inner and outer containment measures. Anomie was coined by the French sociologist Durkheim, and
 Control Theories. A classification of theories that claim to first applied to French society to examine rates of suicide. The
ask not why do people commit criminal acts, but why do concept of anomie was first used in this country by Merton, in
they not commit criminal acts? These theories assume an effort to describe adaptations in behavior and the interaction
everyone has the desire to commit criminal and deviant between legitimate and illegitimate means.
acts, and seeks to answer why some people refrain from
doing so. Conflict Theory
 Delinquent Subculture. A group of delinquent peers who
may influence an individual to commit criminal acts in order  Conflict Theory. The view that society is divided into two or
to receive approval from the group. This concept works in more groups with competing ideas and values. The group(s)
conjunction with control theory and may pull an individual with the most power makes the laws and controls society.
toward delinquency. Groups lacking the formal power to make the rules still
 Drift Theory. This theory states that people can “drift” or maintain their own group norms, and continue in their
float back and forth between obeying and breaking the law. behavior, which is now viewed as criminal by the larger
People can use techniques of neutralization as excuses to society. This perspective explains both law and criminal
break the law when other forms of social control are weak. justice (why some acts are legally defined as criminal), as
When social control is stronger, the offender will drift or well as criminal and deviant behavior (why some individuals
float back to law-abiding behavior. commit acts defined as criminal).

Labeling Theory Key Concept

 Labeling Theory. The theory that the formal and informal Conflict theory proposes that the law and the criminal justice
application of stigmatizing and deviant “labels” or tags system primarily embody the interests and norms of the most
applied to an individual by society will not deter, but rather powerful groups in society, rather than those of society as a whole.
instigate future deviant or criminal acts.

Anomie and Strain Theories

 Anomie. A state of normlessness or norm confusion within a
society. The term was coined by Durkheim to explain suicide
in French society, and later applied by Merton and others to SOCIOLOGY OF LAW
other forms of deviance and crime in American society. I. LEARNING OUTCOMES:
At the end of this lesson, you should be able to:
a. Identify the sociology of law
 b. Discuss the types and definition of crime assault) or property (theft, larceny, robbery), and from the basis
II. TOPICS: of common law systems.
a. Sociology of Law
b. Types of Law 2. Statues (Statutory Laws)
c. Types and Definitions of Crime Are enacted by legislatures and reflect current cultural
d. Victimless Crime mores, albeit that some laws may be controversial, e.g. laws
that prohibits marijuana use and gambling. Marxist
III. REFERENCE: Criminology, Conflict Criminology and Critical Criminology
Peckley, Miller & Eduardo, Jesster (Essentials claim that most relationships between state and citizens are
of Criminology) non-consensual and, as such, criminal law is not necessarily
representative of public beliefs and wishes: it is exercised in the
IV. CONTENT interests of the ruling or dominant class.

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.

R - is a variation of societal rules of behavior as interpreted

and expressed by the criminal law, which reflects public
I opinion, traditional values and the viewpoint of people
M
E
 action or inaction that causes harm. Crime involves not only
things people do but also things they do not do.

4. Mens rea – The Latin terms mens rea refers to a criminal

intent or guilty state of mind.

Offenders who commit crimes with mens rea are to be

held liable, except in the following extenuating
circumstances:

a. Acting under duress – e.g. committing robbery to save the

life of a loved one.
b. Being underage – e.g. six-year old child who picks up a
gun and shoots his or her parent.
Technically and ideally, a crime has not been committed unless all c. Insanity – a person is legally insane if, at the time of the
of the following elements are present: commission of the act, he or she (1) did not know the
1. Harm – for crime to occur, there must be an external nature and quality of the act or (2) did not know that the
consequence or harm. A mental or emotional state is not act was wrong.
enough. Thus, thinking about committing a crime or being d. Acted in a self-defense or in defense of a third party
angry enough to commit a crime, without acting on the e. Entrapment – it is the inducement of an individual to
thought or the anger is not crime. The harm maybe physical commit a crime not contemplated by him or her,
or verbal. undertaken for the purpose of instituting a criminal
prosecution against the offender. For example, a police
2. Legality – this has two aspects. First, the harm must be officer convinces an individual to rob another and then
legally forbidden for a behavior to be crime. Thus, violations arrests the individual after the crime has been
of union rules, or any other rules than those of a political committed. The defense of entrapment would be applied
jurisdiction may be “wrong,” but they are not crimes unless in this case.
they are also prohibited by criminal law. f. Acting out of necessity – the necessity defense can be used
Second, a criminal law must not be retroactive, or ex when a crime has been committed to prevent a greater or
more serious crime. Interestingly the law does not
post facto law: (1) declares criminal act that was not
recognize economic necessity as an excuse from criminal
illegal when it was committed, (2) increases the
responsibility. Thus, the unemployed and hungry thief
punishment for crime after it is committed, or (3)
who steals cannot employ the necessity defense.
alters the rules of evidence in a particular case after
the crime is committed.
5. Causation – this refers to the casual relationship between the
legality forbidden harm and the actus reus. In other words,
3. Actus reus – this Latin term refers to criminal conduct –
the criminal act must lead directly to the harm without a
specifically, intentional or criminally negligent (reckless)
long delay.
 post facto law). Thus, crimes are punished under the laws in force
6. Concurrence – this means that there should be a concurrence at the time of their commission.
between the actus reus and the mens rea. In other words, the
criminal conduct and the criminal intent must occur History of Revised Penal Code
together. Suppose you call someone to repair your broken The Revised Penal Code was a revision of the Old Penal Code
washing machine, and that person comes to your home, fixes through a committee which was created by Administrative Order
your washing machine, and on the way out takes your No. 94 of the Department of Justice, dated October 18, 1927,
television set. The repair person cannot be found guilty of composed of Anacleto Diaz, as chairman, and Quintin Paredes,
entering your home illegally (trespass) because that was not Guillermo Guevara, Alex Reyes and Mariano H. de Joya, as
his or her initial intent. However, the same person can be members. The committee did was merely amended the Old Penal
found guilty for stealing your television set. Code and included other penal laws related to it.

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.

Sources of Criminal Law

a. The revised Penal Code (Act No. 3815) and its amendments. Two Theories of the Penal Code
b. Special Penal Laws passed by the Philippine Commission,
Philippine Assembly, Philippine Legislature, National Assembly, The The Old Penal Code which is at present known as the
Congress of the Philippines and the Batasang Pambansa. Revised Penal Code was based on the two prominent suppositions
c. Penal Presidential Decrees issued during Martial Law. namely Classical and Positivist theory.

Characteristics of Criminal Law Classical Viewpoint

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.

Positivist Viewpoint With the promulgation of the Code of Kalantiao in

1433, the penal laws were made severe and extensive.
1. In the persons of Cesare Lombroso, Enrico Ferri, and Rafaele According to the code, the penalties for felonies and other
Garofalo, who were forerunners and founders of the positivist shool misdemeanors were:
of criminology. The Classical method considers the offender as an a. Death
abstract being and of prefixing for him, through a series of hard b. Incineration
and fast rules, a great multitude of penalties with scant regard to c. Mutilation of fingers
the human element. d. Slavery flagellation
e. Being bitten by ants
2. The positivist principle deviates from the classical school in f. Swimming under water for a time and other disciplinary
connection to crime and of the criminal. The positivist holds that penalties.
man is subdued occasionally by a strange and morbid phenomenon
which constrains a man to do wrong inspite of or contrary to his The code likewise provide severe punishment to men
volition. who were cruel to their wives, husbands who maltreated
innocent wives were sentenced to death. Adultery, as well as
3. Crime is essentially a social and natural phenomenon and as the contracting of marriage to very young girls was severely
such, it cannot be treated and checked by the application of punished.
abstract principles of law and jurisprudence nor by the imposition
of a punishment fixed and determined a priority but rather, The following are some of the most significant
through the enforcement of individual measures in each particular attributes of the Kalantiao Code:
case after a thorough, personal and individual examination
conducted by the competent body of psychiatrists and social I. Ye shall not kill; neither shall ye steal; neither shall yet hurt
scientist. the aged; lest ye incur the danger of death. All those who infringe
this order shall be condemned to death by being drowned with
stones in the rived, or in boiling water.
Brief History of Philippine Criminal Law II. Ye shall obey. Let all obey. Let your debts with headmen be
met punctually. He who does not obey shall receive for the first time
one hundred lashes
III. Who does not comply with, obey, and observed this order
shall be condemned to swim for three hours (for the first time), and
for the second time, to be beaten to death with sharp thorns or for
the third time, shall be lacerated with thorns.
IV. Yes shall obey; he who makes exchanges for food, let it
always done in accordance with his work.
V. He, who does not comply, shall be beaten for one hour, he
who repeats the offense shall be exposed for one day among ants.
VI. Slavery of doam (certain period of time) shall be suffered by
those who steal away women of the headmen; by him who keeps ill-
tempered dogs that bite the headman; by him who burns the fields
of another.
VII. All those shall be beaten for two days, who sing while
travelling by night,; kill the bird mana-ol; tear the documents
belonging to the headman….. or mick the dead
VIII. They shall be burned; those who by their strength, cunning
have mocked at and escaped punishment; or who kill young boys;
or to steal away the women odf the agorangs (old men).