CRIMINOLOGY

According to Edwin H.Sutherland,“Criminology is the entire body of knowledge regarding crimeas a

social phenomenon. It includes within its scope theprocess of making of laws, of breaking of laws, and
thesociety's reaction towards the breaking of laws."

According to RA 11131,“Refers to the scientific study of crimes, criminals, and victims.It also deals with
the prevention, and solution of crimes."

“It is academic discipline that uses scientific method to study thenature,extent, cause, and control of
criminal behavior."(Criminology Actual Board Definition)

Objective of Criminology: The development of general and verified principles regarding theprocess of
law, crime, and treatment or prevention.

Practices of the Criminology profession:

a field under the social science

research-based profession

a field under behavioral science

Principal Divisions of Criminology or 3Branches of Criminology (S-E-P)

1. Sociology of Law- Refers to the examination of the nature of criminal law and its administration.Also
deals with the different laws and its function to a society.

2.Etiology of Crimes (Criminal Etiology)with the determination of different origins, causes and factors
that may bring crimeand criminal behavior.

3. Penology (Penal Science)- The study of the control of delinquencies and crime and the rehabilitation
oflawbreakers. This also refers to the process of crime prevention through theinfliction of fear of
punishment.

ORIGIN OF THE WORD “CRIMINOLoGY

Etymologically, the term criminology originated from LATIN word “crimen” meaning crime and Greek
word “logowhich means to study.

- In 1885, RAFFAELE GAROFALO, an Italian Law Professoinvented the term “criminologia”

.I-In 1887, PAUL TOPINARD, French Anthropologist, used theword criminology in French
“criminologie” for the first time.

Is Criminology A Science Or Not? Conferring to George Wilker, criminology cannot turninto a science
since it has NOT YET ACHIEVED UNIVERSALOR WORLDWIDE VALIDITY.
Edwin Sutherland, the Dean of Modern Criminology, hoped that it will become a science in the future
since thecauses of crimes are almost the same which may bebiological, sociological or combination of the
two.

Edwin SutherlandAuthor of the “Differential Association Theory".

DAT proposed that “criminal behavior is a product of learning process"through socialization with other
people that possess criminal behavior.

Coined the phrase “White Collar Crime”.WCC-These are crimes which are committed by people
belonging tofinancial crime, or crime of the upper world.

Considered as the Dean of Modern Criminology.

NATURE/CHARACTERISTICS OF CRIMINOLOGY (SAND)

1. SOCIAL SCIENCE

2.APPLIED

3. NATIONALISTIC

4.DYNAMIC

.“SCOPE AND BREADTH OF THE STUDY OF CRIMINOLOGY"

1. Study of the commencement and development of criminal law.

2. Study of the origins of crimes and development of criminals.

3. Study of the other sciences that examine criminal behavior usingscientific methods such as:

A. Criminal Demography- The study of the connection between criminality and population. There is a
hypothesis that as population increase, number of crimesmay also increase.

B. Criminal Epidemiology- The study of the correlation between environment or milieu andcriminality.
This is in connection with the notion that the moredisorganized an environment we have, the more crime
it may occur.

C. Criminal Ecology- The study of law-breaking in relation to the spatial distribution in acommunity.
This particular science blames the rapid increase oncommunity or societal congestion in terms of number
of houses thatcauses lessening of spaces that probably can be a source of criminality.
D. Criminal Physical Anthropology- The study of criminality in relation to physical structure of
men.Itfocuses on somatology, physiognomy, phrenology etc. that mainly viewcrime as a product of
physical or biological defects and disfigurements.

G.Criminological F- Study of crime associated with antecedent variables, state of crimetrend.H.

Victimology- The study of the role of the victim in the commission of a crime

WHY MUST MEMBERS OF SOCIETY INTERESTED IN CRIME?

1. Crime is PERVASIVE

2.Crime is EXPENSIVE

3. Crime is DESTRUCTIVE

4.Crime is REFLECTIVE

5. Crime is PROGRESSIVE

VICTIMOLOGY It is the study about victims of crime. It is a branch of criminologythat deals purely on
the underlying factors of victimization and thecontributory role of the victims in the commission of
crimes.

Victimology, being the study of “crime targets", showed that aperson becomes a victim of crime
consciously and unconsciously. Aperson could become a victim due to his own action or fault.

The victim of crime often becomes the FORGOTTEN PERSON ofthe criminal justice system whie the
offender is the CELEBRITY. Victims are only valued for their capacity to report crimes and to appear
incourt as witnesses.

1. Young-The weak by virtue of age and immaturity.

2. Female- Often less physically powerful and easily dominated by males.

3. Old- The incapable of physical defense and the common object ofconfidence scheme.

4. Mentally Defective-Those that are unable to think clearly.

5. Immigrant- Those that are unsure of the rules of the conduct in the surroundingsociety.

6. Minorities- Racial prejudice may lead to victimization or unequal treatment bythe agency or justice.
(Discrimination)
"Psychological Types of Victims"

1. The Depressed- Submissive person by virtue of emotional condition.- Considered an easy,

unsuspecting careless type.

2. The Acquisitive or Greedy- Person who wants more than what is sufficient makes a naturalvictim of
crime.

3. The Wanton or Overly Sensual-Person ruled by passion and thoughtlessly seeking pleasure.- Is
vulnerable to stresses such as juvenile victims.

4. The Lonesome- Person who eventually becomes a victim by virtue of wantingcompanionship or

affection.

5. The Heartbroken- One who is emotionally disturbed by virtue of heartaches and pains.

“If there is a complainant, there must be a defendant." Thus,there would never be a victim if there is no
offender, except in what isknown as victimless crimes.The only thing that does not away with criminality
is decriminalization. This is otherwise known as LOGOMACY. Logomacy is a statement that “we have
no crime if we had no criminal law, andthat we could eliminate all crime by abolishing all criminal laws.

"Schools of Thought in Criminology"

School of Thought- Strategies for organizing fundamentally differing views of humannature and relating
them to issues surrounding crime and its control.Refers to a collection of beliefs or ideas that support a
specific theory.Theory- Set of declarations devised to explain behavior, events orphenomenon, especially
one that has been repeatedly testedand widely accepted but not been totally proven.

Chicago S- Group of urban sociologists who studies the relationship betweenenvironmental conditions
and crime.

Cartographic School- This school on crime causation emphasized economic determinismand concentrated
on the need for the quality among all citizens. Theyprovided statistical data which claimed to show that
variations in crimerates are associated with variations in economic conditions.

Pre-Classical Era

The Demonological Theory- Individuals were thought to be possessed by good or evil spirits,which
caused good or evil behavior. The theory maintains that criminalbehavior was believed to be the result of
evil spirits and demonssomething of natural force that control his/her behavior

- Mankind is viewed as manifestations of basically evil human naturereflecting either with the practice of
darkness or an expression ofdivine wrath.- Also called “Pre-Classical Theory” or “Supernatural Theory".
Pre-Twentieth Century Theories(Primary Schools of Thought in Criminology)1000 stars sa board exam!
PINAKAPABORITO!

1. Classical School of Criminology -This school of thought is based on the theory that individualschoose
to commit crimes after weighing the consequences of theiractions. According to classical criminologists,
individuals have free will.They can choose legal or illegal means to get what they want; fear ofpenalty
can discourage them from committing crime and society cancontrol behavior by making the pain of
punishment greater than thepleasure of the criminal gains.

The classical theory maintains that man is essentially a moral creature with absolute free will to choose
between good and evil therefore tress is placed upon the criminal himself; that every man is responsible
for his act. This theory, however, does not give any difference between an adult and a minor or a
mentally-handicapped in as far as free will is concerned. Founders of classical school of criminology are
Cesare Beccaria and Jeremy Bentham.
Freewill -Freedom to think, freedom to choose,freedom to decide.
Cesare Beccaria (Cesare Bonesana Marchese de Beccaria) - He is best known for his essay, “On Crimes
and Punishment” which presented key ideas on the abolition of torture as legitimate means of extracting
confession.
- His book contains nearly all modern penal reforms, but its greatest contribution was the foundation it
laid for subsequent changes in criminal legislation.
- Father of Classical Criminology.
Becarria believed that: a. People want to attain pleasure and avoid pain. b. Crime delivers some pleasure
to the criminal. c. To deter crime, he believed that one must direct pain in an appropriate amount to
counterbalance the pleasure obtain from committing a crime. d. Famous in sayings “Let the punishment
fits the crime
Deterrence- The prevention of a crime through fear of punishment. a. General Deterrence - Fear is
inflicted to future offenders. b.Specific Deterrence - Fear is inflicted to the doer of the crime.
Three (3) Characteristics of an Effective Deterrent
1. Celerity or Swiftness - The rapidity with which punishment follows a crime.
2. Severity -The complexity or unpleasantness of a sanction.
3.Certainty - The likelihood that a crime will be detected and punished.
Jeremy Bentham - His contribution to classical school of criminology is the concept of hedonism,
utilitarianism and the felicific calculus.
- He proposed “Hedonism" which explains that person always acts in such a way to seek pleasure and
avoid pain. It refers to the pleasure principle that the main purpose of the life is to maximize pleasure
while minimizing the pain.
-“Utilitarianism” is a viewpoint or a philosophy which argues that what is right is the one that would
cause the greatest good for the greatest number of people. I -Invented the pseudomathematical formula
called “ felicific calculus”
Neo classical Also known as the improved Classical School and this theory modified the doctrine of free
will by stating that free will of men may be affected by other factors and crime is committed due to some
convincing reasons that prevail. These causes are pathology, incompetence, insanity or any condition that
will make it impossible for the individual to exercise free will entirely. In the study of legal provisions,
this is termed as either exempting or mitigating circumstances.
The Neo-classical school of criminology argued that situations or circumstances that made it impossible
to exercise free will are reasons to exempt the accused from conviction. This school of thought maintains
while the classical doctrine is correct in general, it should be modified in certain details, the children and
lunatics should not be regarded as criminals.
In the context of Neo-classical criminology, making a target less vulnerable or less prone to attack often
involves strategies that reduce the opportunities for crime. This approach is rooted in the Routine
Activities Theory, which suggests that crime occurs when three elements converge: a motivated offender,
a suitable target, and the absence of a capable guardian.
To make a target less vulnerable, neoclassical criminology emphasizes:
1.Increasing Guardianship: Enhancing the presence of capable guardians, such as law enforcement,
security systems, or community watch programs.
2.Target Hardening: Implementing measures that make it more difficult for offenders to access the target,
such as improved locks,surveillance cameras, and better lighting.
3. Reducing Attractiveness: Making the target less appealing to potential offenders by removing or
securing valuable items.
4.Environmental Design: Modifying the physical environment to increase natural surveillance and reduce
hiding spots for offenders
3. Positivism/Italian School of Criminology
August Comte
Determinism - sufficient causes.
HOLY THREE IN CRIMINOLOGY
1.Cesare Lombroso 2.Raffaele Garofalo I 3.Enrico Ferri
Ezchia Marco"Cesare” Lombroso
"CLASSIFICATIONS OF CRIMINALS BY LOMBROSO"
1. Born Criminals - The belief that being criminal behavior is inherited. - Individuals with at least 5
atavistic stigmata. a.Dark Skin b.Skin Wrinkles c.Twisted Nose d.Hairy Body e.Large Ears f.Long Arms
g. Extra Fingers or Toes h.Large Lips i.Receding Chins
2. Insane Criminals - Commit crime due to abnormalities or psychological disorders. They should be
exempted from criminal liability.
3. Criminaloid - A person who commits crime due to less physical stamina or self-control. -Those with
makeup of ambiguous group that include habitual criminals,criminals by passion and other diverse types.
Note: Note: Criminals by Passion I - Criminals who acted under the impulse of uncontrolled emotion on
occasion during otherwise moral lives.
4. Pseudo - Criminals -Are those who kill in self-defense.
Raffaele garofalo-
Enrico Ferri –
Crime -
Criminal-
TRLAD OF CRIME/ESSENTLAL ELEMENTS OF CRIME (DOC)
The so-called triad of crime consists of desire, capability and opportunity. These are the factors which led
to the commission of crime.
1. Desire -It is what induces or pushes the person to commit crime.
2.Opportunity- This refers to the physical possibility that the crime could have been committed.
3.Capability- It is the ability of the person to execute the acts or omission punishable by laws.
Typology of Crime - Involve classifying offenses or offenders according to some criteria of relatedness or
similarity. Legal Classifications:
1.According to law violated
a. Felony - An act or omission punishable by law which is committed by means of dolo (deceit) or culpa
(fault) and punishable under the Revised Penal Code.
b.. Offense - An act or omission in violation of a special law.
c. Infraction - An act or omission in violation of a city or municipal ordinance.
Note: Misdemeanor - Acts that are in violation of simple rules and regulations usually referring to acts
committed by minor offenders.
2. According to the manner of committing crime:
a. By means of dolo or deceitI - If the crime is committed with deliberate intent. Thus, it is called
intentional felonies.
Freedom Intelligence Intent
B.By means of culpa or fault - The act or omission of the offender is not malicious and the injury caused
by the offender is unintentional, it being the simply the incident of another act performed without malice.
Freedom Intelligence Negligence or Imprudence
3. According to the stages in the commission:
a. Attempted - The crime is attempted when the offender commences the commission of a felony directly
by overt acts, and does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance.
B. Frustrated - When the offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless do not produce it by reason of causes independent of the will of the
perpetrator.
c. Consummated - All the elements necessary for its accomplishment and execution are present.
4. According to plurality:
a. Simple Crime - Is a single act constituting only one offense.
b. Complex Crime - When a single act constitutes two or more grave or less grave felonies,or when an
offense is a necessary means for committing the other.
Two (2) Kinds of Complex Crime:
1.Compound crime (Delito Compuesto) 2.Complex crime proper (Delito Complejo)
5. According to gravity:
a. Grave Felonies - Are those to which the law attaches the capital punishment or penalties which in any
of their period are afflictive.
b. Less Grave Felonies - Are those which the law punishes with penalties which in their maximum period
are correctional.
c. Light Felonies - Are infraction of laws for the commission of which the penalty of arresto menor or a
fine not exceeding forty thousand pesop (P40,000.00) or both is provided.
6. According to the nature of the act:
a. Crimes mala in se - Are acts that are inherently evil. Examples are murder,robbery,etc.
b. Crimes mala prohibita - Acts which are prohibited only because there are laws forbidding such acts.
Examples are illegal possession of firearms, traffic violations.
"CRIMINOLOGICAL CLASSIFICATIONS OF CRIME"
1. According to the result of the crime: a. ACQUISITIVE CRIME -if the offender acquired or gained
something by committing the crime. Examples are robbery, estafa, bribery, etc.
b. DESTRUCTIVE CRIME - if the crime resulted in destruction, damage or even death. Examples are
arson, murder and homicide, damage to property, etc.
2. According to the time or period of commnission: a. SEASONAL CRIMES - are crimes that happen
only during a particular season or period of the year. Examples are violation of élection law, tax law
violations,etc.
B. SITUATIONAL CRIMES - are crimes committed when the situation is conducive to the commission
of the crime and there is an opportunity to commit it.Examples are pickpocketing, theft,etc.
3. According to the length of time of the commission: a. INSTANT CRIMES - are those crimes that can
be committed in a very short time. Example:theft
B.EPISOIDAL CRIMES-are crimes committed through series of acts or episodes and in much longer
time. Example: serious illegal detention
4. According to place or location:
a. STATIC CRIMES - are committed only in one place. Examples are theft and robbery
B. CONTINUING CRIMES - are crimes that take place in more than one place or several places.
Examples are abduction, kidnapping, etc.
5. According to the use of mental faculties: a. RATIONAL CRIMES - when the offender is capable of
knowing what he is doing and understanding the consequences of his actions.
B.IRRATIONAL CRIMES-when the offender suffers from any form of mental disorders, insanity or
abnormality. Thus, the offender doesń't know what he is doing.
6. According to the type of offender: a.WHITE COLLAR CRIMES-crimes committed by those persons
belonging to the upper socioeconomic status or in the course of his occupational activities.
B. BLUE COLLAR CRIMES-are those crimes committed by ordinary criminals as a means of
livelihood. "Other Types of Crimes"
1. Public Order Crimes - Are acts considered illegal because they conflict with social policy, accepted
moral rules and public opinion. Examples of which are prostitution,gambling,pornography, obstruction,
drug addiction, alcoholism, etc. These are known as “ victimless crimes ” . These are unlawful acts that
interfere the operation of society and the ability of people to function efficiently and they are called
"victimless” because there is no complaining victim.
2. Mission Hate Crimes - Violent crimes committed by disturbed individuals who see it as their duty to
rid the world of evil.
3. Bias Crimes - Violent acts directed toward a particular person or members of a group merely because
the targets share a discernable racial,ethnic, religious, or gender characteristics. Also called "Hate
Crimes” acts of violence or intimidation designed to terrorize a frighten people considered undesirable
because of their race, religion, ethnic origin, or sexual orientation.
4. Service Crimes - Rendition of a service to satisfy desire to another.
"Crime of Rape"
a. Acquaintance Rape - Forcible sex in which offender and the victim are acquitted with one another.
B.Aggravated -Rape involving multiple offenders, weapons and victim injuries.
c. Date Rape I - Forcible sex during the courting relationship.
d.Gang rape-Forcible sex involving multiple attacker.
e. Marital Rape - Forcible sex between people who are legally married to each
f. Serial Rape - Multiple rapes committed by one person overtime.
g. Statutory Rape - Sexual relations between an underage minor female and an adult female.
"Categories of Rapists"
a. Naive Graspers - Sexually inexperienced youths who possess an unrealistic conception of female erotic
arousal. Awkward in relating to the opposite sex, they hold high expectations that their crude advances
will be met with affection by their victims.
b.Meaning Stretchers - Offender misinterprets woman expressions of friendliness.Affection as indicating
that the female desires coitus even when she says no.
C.Sex Looters - Person who has a low desire for affection or low respect for the victim's autonomy and
callously uses woman as sex object.
D. Group Conformers - Rapist participates in a group rape or gang bang, often following the leader. A sex
looter felt a sense of conformity and notion demonstrating their masculinity.
John Conklin's Typology of Robbers
1. Professional Robbers I - Long-term commitment to crime, their major source of livelihood.They are
very rational about crime and plan their operations carefully.
2.Opportunist- The most common type of bandit. Having little commitment to, or specialization in
robbery, they are all-purpose property offenders.Their engagement in robbery is infrequent and relatively
unplanned.Often young and fromn lower-class, such offenders usually operate in groups.
3. Addict Robbers - Are addicted to substances such as heroin or other drugs and commit robbery to
support their expensive habits. Most drug abusers are interested in safe and quick criminal gain.
4. Alcoholic Robbers - Little commitment to robbery, they engage in unplanned robberies on occasion to
support their habit. Many claim to have been intoxicated at the time of their offense.
"Classification of Criminals"
According to etiology:
a. Acute Criminal -Is a person who committed crime as a result of reacting to a situation or during a
moment of anger or burst of feeling.
b. Chronic Criminal - Is one who committed a crime with intent or deliberated thinking.
c. Neurotic Criminal - Is one who has mental disorder.
d. Normal Criminal - Commits crimes because he looks up to, idolizes people who are criminals.
According to the type of offender:
a. Ordinary Criminal - A criminal who engages in crimes which does not require specialized or technical
skill.
B.Organized Criminal -Is one who possesses some skills and know-how which enable him to commit
crimes and evade detection.
c. Professional Criminal - Highly skilled criminals which are engaged in large scale criminal activities.
Based on Mental Attitudes:
a. Active Criminals - Are those who commit crimes due to aggressiveness.
b. Passive Inadequate Criminals - Are those who commit crimes because they are pushed to it by reward
or promise.
c. Socialized Delinquents - Are criminals who are normal in behavior but defective in their socialization
process or development.
"Mass Murder, Spree and Serial Killing"
1. Mass Murder - This refers to the act of killing a large number of people in a single violent outburst. -
One incident with no distinctive time period between the murders.
2.Spree Killing - Killings at two or more locations with almost no time break between murders.
(Continuous Killing)
3. Spree Killer - Is someone who embarks on a murderous assault on 2 or more victims in a short time in
multiple locations.
4. Serial Killing - Two or more killings committed by an offender with a cooling off period. (Not
Continuous Killing)
5. Serial Killer - A person who kills 2 or more in a separate event.
Crime Statistic - It refers to the measure of the level or amount of crimes.
- The collection or study of numerical data of crimes recorded/reported to the police.
- It uses the terms index crimes and non-index crimes in classifying crimes.
Index Crimes - Are crimes which are sufficiently significant and which occur with sufficient regularity. -
Frequent Crimes (RPC) Example:Murder,Homicide, Robbery, and Rape (Violent Crimes)
Non-index Crimes -Violations of special laws and other crimes against moral and order.These crimes are
generated from the result of positive police-initiated operations.
Conventional Crimes - Are those traditional, illegal behaviors that most people think of as crime. These
are crimes categorized as violent crimes (index crimes)and property crimes (non-index).
Non-Conventional Crime - May be organized crime, white-collar crime, political crime,etc.
"Important Terms"
1. Jus Desert - The philosophy of justice that asserts that those who violate the rights of other deserve to
be punished. The security of the punishment should be commensurate with the seriousness of the crime.
2. Stare Decisis - The legal principle by which the decision or holding in an earlier case become the
standard by which subsequent similar cases are judged. It literally means “to stand by decided cases”. -
Same cases must receive same decisions.
3. Critical Criminology - Analysis on crime and the nature of social injustice and inequalities.
4. Conflict Criminology - Asserts that crime is unavoidable in capitalist societies.
5.Peacemaking Criminology I - Proposes the involvement of all stakeholders in the use of non-violent
solutions.
6. Radical Criminology - Is a conflict ideology which bases its perspectives on crime and law in the belief
that capitalist societies precipitate and define crime as the owners of the means of production use their
power to enact laws that will control the working class and repress threats to the power of the ruling class.