MODULE 1 - Introduction and Historical Setting
MODULE 1 - Introduction and Historical Setting
MODULE 1 - Introduction and Historical Setting
MODULE 1
Learning Outcomes: At the end of this module, the students should be able to:
CRIMINOLOGY Defined
Criminology (from Latin crīmen, "accusation"; and Greek -λογία, -logia) is the entire
body of knowledge regarding delinquency and crime as a social phenomenon (Tradio, 1999). It
may also refer generally to the study of crimes and criminals and the action of the society to
repress them. The discipline of criminology projects a wide range of different theoretical
explanations for both the individual criminality and that of the society as a whole.
Criminology is a broad field of study of crimes and criminals. Its scope is divided into
these three sub-studies:
Law was created to serve the sole purpose of control of various activities of the human
life it deals with maintaining discipline in all fields one deals with like economics, society, work,
family and various other relationships. It is believed that the human being is a bias being and
hence needs to be controlled for the welfare of all and for the sustenance of society. Law serves
the purpose of providing justice and maintaining peace and harmony in the society that it
controls.
This division of criminology pertains to the root cause why certain act is labeled as
crime. Structure and nature of laws in the society are studied and analyzed scientifically, and
eventually, these laws provide application to the community especially when it comes to social
control; this is called the SOCIOLOGY OF LAW.
This sub-study focuses on different theoretical explanations that deal primarily on why
people persist on committing crimes and any other violations despite the presence of laws. It is
a multidisciplinary as it involves and combines various fields of study in an approach to
determine the factors of crime causation.
This division covers how the society as a whole, including its people, the offender, and
the government, reacts towards the breaking of laws. It is concerned with fighting and
preventing crimes through development and imposition of measures that will treat the offender
and at the same time deter him from reoffending, and the society as well from committing
crimes; this is called PENOLOGY or CORRECTIONS.
At present, imprisonment is the most widely used form of punishment given to law
violators. Community-based corrections, payment of fines and other retributive sanctions are
also imposed. But, a modern day approach on what we call restorative justice has as well been
introduced and mostly for minor breaking of laws and other infractions.
Studying crimes and criminals has always been absolutely necessary as they exist
originally in the society we live in. Its complexity nearly gives wide effects to all individuals.
Understanding crime as a social phenomenon can be:
Natures of Criminology
Studying crimes is a very complex one that requires knowledge of other fields of interest
and awareness of the society and its standards. In this sense, criminology is:
1. An APPLIED SCIENCE – criminology involves many disciplines linked to each other like
Anthropology, Psychology, Biology, Sociology, and other sciences that are useful in
studying causes of crimes while medicine, chemistry, mathematics, etc. may be applied
in crime detection and criminal identification.
2. A SOCIAL SCIENCE – as far as crimes may appear and evolve through interactions and
relationships of people and generally exist in the society, its study must be considered
as a social science.
3. DYNAMIC – criminology changes as social condition changes. This means that the
progress of its study is in accordance with the advancement of other sciences applied to
it.
Branches of Criminology
1. VICTIMOLOGY – it is simply the study of victims of crimes and their contributory role, if
any, in crime causation. It is also the scientific process of gaining substantial amounts of
knowledge on offender characteristics by studying the nature of victims (Schmalleger,
1997).
3. CRIMINAL ECOLOGY - it is the study of the relationship between criminality and the
environment, including interactions between people.
5. CRIMINAL SOCIOLOGY - it is the study of crime focused on the group of people and the
society as a whole.
7. CRIMINAL PSYCHIATRY - it is the study of human mind and mental process including
motives and drives in relation to crimes.
CRIME Defined
Inasmuch as the definition of crime is concerned, many fields of study like law, sociology
and psychology have their respective emphasis on what crime is. In this sense, crime may be
defined as:
Acquisitive Crimes are those which when committed the offender acquires something as
a consequence of his criminal act. Extinctive Crimes are those where the result of criminal act is
destruction.
Seasonal Crimes are those committed only at certain periods of the year while
Situational Crimes are those that are committed only when given a situation conducive to its
commission.
Episodic Crimes or serial crimes are those committed by series of acts within a lengthy
space of time. Instant Crimes are those committed at the shortest possible time.
Static Crimes are those committed only in one place while Continuing Crimes are those
committed in several places.
Rational Crimes are those committed with intent since the offender is in full possession
of his mental faculties. Irrational Crimes are those committed without intent since the offender
does not know the nature of his act.
White Collar Crimes are those committed by a person of responsibility and of upper
socio-economic class in the course of their occupational activities. Blue Collar Crimes are those
committed by ordinary professionals to maintain their livelihood.
Upper World Crimes are those committed by individuals belonging to the upper class of
the society. Under World Crimes are those committed by members of the lower or
underprivileged class of the society.
Crimes by Imitation or copycat crimes are those committed by mere duplication of what
was done by others. Crimes by Passion are crimes committed because of the fit of great
emotions.
I. SERVICE CRIMES
Service Crimes are those committed through rendition of a service to satisfy the desire
of another.
CRIMINAL Defined
A person may be called criminal in accordance with the definition of crimes. In this
sense, criminal may be defined as:
1. A person who commits a crime and has been convicted by a court. (Legal definition)
2. A person who violates social norms or one who does an anti-social act. (Sociological
definition)
3. A person who violates rules of conduct due to behavioral maladjustment. (Psychological
definition)
Based on Etiology
ACUTE CRIMINAL is one who violates a criminal law because of the impulse or fit of
passion. He commits passionate crimes.
PROFESSIONAL CRIMINAL is one who is engaged in criminal activities with high degree
of skills. He is usually one who practices crime as a profession to maintain a living.
ORGANIZED CRIMINAL is one who associates himself with other criminals to earn a high
degree of organization to enable them to commit crimes easily without being detected by
authorities.
Based on Activities
ACCIDENTAL CRIMINAL is one who commits crime when situation is conducive to its
commission.
HABITUAL DELINQUENT is a person who, within a period of ten years from the date of
his release or last conviction of any of the crimes of serious or less serious physical injury,
robbery, theft, estafa, or falsification, is found guilty of any of the said crimes or a third time
oftener.
RECIDIVIST is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the Revised Penal
Code.
QUASI-RECIDIVIST is one who, after having been convicted by final judgment, shall
commit a new felony before beginning to serve such sentence, or while serving the same.
As long as there have been people, there has been crime. As previously introduced,
criminology is the study of crime and the criminal element, its causes, and the suppression and
prevention of it. The history of criminology is in many ways the history of humanity.
As human society has evolved over thousands of years, so, too, has our understanding
of the causes of crime and society's responses to it (Roufa, 2019).
In ancient times, the victim or the victim’s family assumes responsibility to respond to
the crime committed by the offender. Exact vengeance was a common form of punishment
against the offender that usually results to bloody feuds. This is regarded as the earliest system
of law enforcement which is called Kin Policing that has rooted back to the common law of
England.
Laws that clearly defined crimes and corresponding punishments were established to
both quell crime and to put an end to the blood feuds that resulted from the victims’ revenge.
These early attempts still allowed the victim of a crime to issue the punishment, but they
sought to clarify that a response to a particular crime should be equal to the severity of the
crime itself (Roufa, 2019).
The Code of Hammurabi is one of the earliest of these endeavors, and it's perhaps the
best-known attempt to establish a set punishment scale for crimes. The principles set out in the
code are best described as the “law of retaliation” commonly known as “lex taliones” or the
principle of “eye for an eye, tooth for a tooth.”
The Ten Commandments are the most well-known legal rules found in the Bible (Exodus
20:1-17 and Deuteronomy 5:6-21). Four of these mandates became enduring features of most
secular law, namely those that prohibit murder, adultery, theft, and the giving of false
testimony against one’s neighbor. Four others are purely religious mandates (worship no other
gods; do not make or bow down to any idols; do not misuse God’s name; keep the Sabbath
holy); and two state social ideals more than precise legal rules (honor your father and mother;
do not covet your neighbor’s house, wife, servant, ox, or donkey).
Many Criminologists have considered the two sons of Adam and Eve as the first
murderer and the first victim of murder. Cain, the firstborn, was a farmer, and his brother Abel
was a shepherd. The brothers made sacrifices to God, each of his own produce, but God
favored Abel's sacrifice instead of Cain's. Cain then murdered Abel, whereupon God punished
Cain by condemning him to a life of wandering.
Roufa, in 2019, also explained that much of our modern understanding of the
relationship between crime and punishment can be traced to the writings of the Greek
philosophers Plato and Aristotle, although it would take more than a millennium for many of
their concepts to take root.
Plato was among the first to theorize that crime was often the result of poor education.
He felt that punishments for crimes should be assessed based on their degree of fault, allowing
for the possibility of mitigating circumstances.
Aristotle developed the idea that responses to crime should attempt to prevent future
acts, both by the criminal and by others who might be inclined to commit crimes. Punishment
for crime should serve as a deterrent to others.
The supernatural explanations of criminality dominated thinking from early history well
into the eighteenth century; modern remnants still survive (Huff, 1990). In a system of
knowledge in which theological explanations of reality was predominant, the criminal was
viewed as a sinner who was possessed by demons or damned by other worldly forces (Hagan,
2011).
The Classical Period in the setting of criminology began in the eighteenth century and
was led by the Italian Criminologist Cesare Beccaria and English Philosopher Jeremy
In 1764, Beccaria wrote his essay entitled “Dei delitti e delle pene” translated as “On
Crimes and Punishment” which argued that only justified laws where punishment fits the crimes
committed were adopted. Those laws were based on the principle of Utilitarianism of Bentham
which provides that the most ethical choice is the one that will produce the greatest good for
the greatest number of people. This paved the way for a more reasonable and enlightened
explanations of crimes and punishment as people were considered as rational beings who
exercise freewill in making their choices thus, the Classical beginning was considered as the
“age of reason/enlightenment”.
While the Classical School of Criminology was generally correct, proponents of Neo-
Classical School headed by Gabriel Tarde made a modification on fitness of punishment to
crime. Neo-Classical crime theory sought to improve the stances towards perpetrators who
should have an impact on the level of guilt and severity of punishment. Not all perpetrators
should be treated in the same fashion, because the evident differences exist among them.
There should be a consideration that children and lunatics or those mentally ill persons must be
exempted from punishment as they do not know the nature of their acts since their freewill are
diminished.
This period somehow started the idea in the Positivist School of Criminology that
punishment should fit the criminal not the crime. The principle of “Just Desert” must be applied
which states that people should be punished because they deserve it.
Later in the nineteenth century, more scientific explanations of crime causation came
into existence with Cesare Lombroso, Enrico Ferri and Rafaele Garofalo as its leading
proponents. This school of criminology attempts to scientifically explain the root cause of
criminal behavior thus, the term Positivism. The proponents believed that all events including
criminal behavior have sufficient cause; this is called the doctrine of Determinism.
Ferri, on the other hand, in his social explanations, concluded that criminals could not be
held morally responsible for their crimes because they did not choose to commit crimes but,
rather, were driven to commit them by conditions in their lives.
The idea that criminals are those who suffered from defects in their moral reasoning
because they are deficient in pity and probity was also introduced in this theory by Garofalo
who studied the psychological explanations of criminal behavior.
Other late nineteenth century developments in criminology included the work of the
Cartographic School, which analyzed data on population and crime. These included Lambert
Adolphe Quetelet (1796-1874) and André Michel Guerry of Belium. Both of these researchers
compiled detailed, statistical information relating to crime.
Societal conditions, groups, social disorganization and conflict have become additional
units of analysis in the study of crime. Sociological criminology in general takes a more critical
stance toward the society itself as a generator of criminal conduct (Hagan, 1990). Sociological
mainstream theories focus on social processes and structures that affect one’s behavior
resulting to deviance and crime commission.
A persistent writer in the strain tradition has been Robert Agnew. He views strain as
due to negative relationships in which individual feel that they are being mistreated. These
negative relationships may take a variety of forms: others preventing the achievement of goals
such as monetary success; activities that threaten to remove valued relationship such as the
loss or death of a significant other; and the threat of negatively valued stimuli such as insults or
physical assault (Hagan, 1990).
The writings of French Sociologist Emile Durkheim (1858-1917) also exerted a great
influence on criminology. Durkheim advanced the hypothesis that criminal behavior is a normal
part of all societies. He also theorized about the ways in which modern industrial societies differ
from non-industrial ones. Industrial societies are not as effective at producing what Durkheim
called a collective conscience that effectively controls the behavior of individuals. Individuals in
industrial societies are more likely to exhibit what Durkheim called anomie – a Greek word
meaning “without norms”.
Robert King Merton’s anomie theory was published in 1938, but due to the
unawakened social interest it represented a so-called “sleep theory”. Only the renewed
publication in the year 1954 provided for public interest. Merton refines Durkheim’s remarks by
describing the missing social rules that lead to anomie and linking them to the aspect of the
value-medium discrepancy. Anomic conditions are no longer seen in the gap between needs
and satisfaction, but in the discrepancy between goals and means.
Sociologists working in the Chicago School tradition have focused on how rapid or
dramatic social change causes increases in crime. Just as Durkheim, Marx, Toennies, and other
European sociologists thought that the rapid changes produced by industrialization and
urbanization produced crime and disorder, so too did the Chicago School theorists. The location
of the University of Chicago provided an excellent opportunity for Park, Burgess, and McKenzie
to study the social ecology of the city. Shaw and McKay found (1931) that areas of the city
characterized by high levels of social disorganization had higher rates of crime and delinquency.
Another social-structural approach is the conflict school of criminology. It traces its roots
to Marxist theories that saw crime as ultimately a product of conflict between different classes
under the system of capitalism. Criminology conflict theory suggests that the laws of society
emerge out of conflict rather than out of consensus. It holds that laws are made by the group
Prof. Emerjhon D. Hernandez Criminology Files
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that is in power, to control those who are not in power. Conflict theorists propose, as do other
theorists, that those who commit crimes are not fundamentally different from the rest of the
population. They call the idea that society may be clearly divided into criminals and non-
criminals a dualistic fallacy, or a misguided notion. These theorists maintain, instead, that the
determination of whether someone is a criminal or not often depends on the way society reacts
to those who deviate from accepted norms. Many conflict theorists and others argue that
minorities and poor people are more quickly labeled as criminals than are members of the
majority and wealthy individuals.
Control theory, developed in the 1960s and 1970s, attempts to explain ways to train
people to engage in law-abiding behavior. Although there are different approaches within
control theory, they share the view that humans require nurturing in order to develop
attachments or bonds to people and that personal bonds are key in producing internal controls
such as conscience and guilt and external controls such as shame. According to this view, crime
is the result of insufficient attachment and commitment to others.
The sociologist Travis Hirschi has developed his own control theory that attempts to
explain conforming, or lawful, rather than deviant, or unlawful, behavior. He stresses the
importance of the individual's bond to society in determining conforming behavior. His research
has found that socioeconomic class has little to do with determining delinquent behavior, and
that young people who are not very attached to their parents or to school are more likely to be
delinquent than those who are strongly attached. He also found that youths who have a
strongly positive view of their own accomplishments are more likely to view society's laws as
valid constraints on their behavior.
Prof. Emerjhon D. Hernandez Criminology Files
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Criminologists are interested in answering questions about how crime should be defined,
why crime occurs, and how societies seek to control crime. The history of modern criminology,
which can be traced to the early nineteenth century, has not produced definitive answers to
these questions. To some students that is a source of frustration. To many of us the resulting
ambiguity is the source of continuing interesting debate. More importantly, the disagreement
among criminologists captures the complexity of social life. Oversimplification to achieve
artificial closure on these debates will not produce quality answers to these questions, nor will
it, to the consternation of some politicians, lead to workable solutions to crime problems. Most
criminologists recognize that the complex debates about the answers to these three seemingly
simple questions will ultimately be a more productive route to understanding crime and to
finding effective means to address crime problems.
The study of crimes in the Philippines traced its roots back from the existence and
development of the Philippines codes and legal system. The Code of Kalantiao, purported pre-
Spanish Philippine penal code claimed to have been written in 1433 and discovered on the
island of Panay in 1614. It was said to have a great influence in the control of crimes before the
Spaniards colonization.
During the Spanish regime, the judicial system in the Philippines was held by the
supreme judicial body, the Royal Audiencia which was established in 1584. In 1861, the
Audiencia was reorganized and divided into two divisions (Sala de lo Civil and Sala de lo
Criminal) with a Chief Justice as its head and eight Associate Justices composing the Court. The
Sala de lo Criminal was responsible for cases in violation of the penal law that was introduced in
1887, the Spanish Código Penal.
Philippine law dates to the nation’s independence from Spain at the end of the
nineteenth century. Statutes were enacted by the colonial Philippine legislature (1900-1935),
the commonwealth legislature (1935-1946), and by the republic, beginning July 4, 1946. Many
modern laws were patterned after the United States, and US laws were cited and given
persuasive effect in Philippine courts. As of mid-1980s, there were twenty-six in effect. These
included the 1930 Revised Penal Code, in effect since January 1, 1932, and the Civil Code on
July 1, 1950. In addition, numerous presidential decrees issued during and after the martial law
period (1972-1981) had the effect of law. During this era, President Marcos issued more than
2,000 decrees. Some were rescinded by Aquino during her first year in office. Rule by
presidential decrees ended in February 1987 with the ratification of the constitution (Manwong,
2008).
One of the earliest scientific works in the Philippine criminology entitled Criminality in
the Philippine Islands, 1903-1908 was published in 1909. It was authored by Ignacio
Villamor, a Filipino lawyer, former Associate Justice of the Supreme Court and the first Filipino
president of the University of the Philippines.
Another Villamor’s work was Crime and Moral Education, published in 1924. In this book,
he argued that the most appropriate solution to crime is moral education.
The earliest known study involving Filipino criminals was the work of an American
anthropologist Daniel Folkmar in 1903 when he conducted anthropometric measurement
among selected Bilibid inmates in an attempt to classify the racial or ethnic types that can be
found in the Philippines. Folkmar’s studies resulted in the publication of the book - Album of
Philippine Types Found in Bilibid Prison in 1903
Another historical figure in criminological studies in the country was a Filipino scholar in
the person of Sixto De Los Angeles, a medical doctor and professor at the University of the
Philippines who, in 1919, published Studies on Criminal Anthropology in the Philippines, also
originally written in Spanish.
Criminology Education
In terms of Criminology Education, as early as June 11, 1956, the Philippine College of
Criminology (PCCr) founded by former Supreme Court Justice Felix Angelo Bautista had already
a four-year course leading to the degree of Bachelor of Science in Criminology (B.S.Crim.). This
is the pioneering criminology school in the Philippines.
With the passage of Republic Act 6506, an Act Creating the Board of Examiners for
Criminologists in the Philippines on July 1, 1972, many colleges and universities opted to offer
BS Criminology program. In 1987, the first board exam was conducted with Dr. Sixto O. De
Leon as the first Chairman of the Board.
Recently, R.A. 6506 was repealed by a new law that regulates the practice of
criminology profession in the Philippines. Republic Act 11131 entitled The Philippine Criminology
Profession Act of 2018 was approved on November 18, 2018 which provides more excellent
standards of professional practice for Criminologists making them more competitive and
productive.
Criminologist
A criminal justice practitioner is a person who deals in broad areas of law enforcement,
courts and corrections. His works may include police work, probation or parole work, or
counselling and correctional work in correctional institutions. (Manwong, 2020)
The law Republic Act No. 11131 regulates the practice or profession of Criminology in
the Philippines, repealing an older law - Republic Act No. 6506.
Under Republic Act No. 11131, the practice of criminology includes, but not limited to,
acts or activities performed:
(a) In line with the practice of profession or occupation as a law enforcement administrator,
executive, adviser, consultant, officer, investigator, agent or employee in any private or
government agencies performing law enforcement and quasi-police functions at the Philippine
National Police (PNP), the National Bureau of Investigation (NBI), the Philippine Drug
Enforcement Agency (PDEA), the Bureau of Fire Protection (BFP), the Bureau of Jail
Management and Penology (BJMP), the Provincial Jail, the Bureau of Corrections (BUCOR), the
Probation and Parole Administration (PPA), the Bureau of Internal Revenue (BIR), the Bureau of
Customs (BoC), the Bangko Sentral ng Pilipinas (BSP), other government and private banks, the
Philippine Postal Corporation (PPC), the Sea and Air Marshalls, the VIP Security, Airport and
Seaport Police, the National Intelligence Coordinating Agency (NICA), the Intelligence Service of
the Armed Forces of the Philippines (ISAFP), and other intelligence service or agencies of the
government exercising similar functions;
(b) In line with the practice of teaching profession such as those performed by a professor,
instructor or teacher in any university, college or school duly recognized by the government of
any of the following professional and component subjects of the criminology program: (1)
Criminal Jurisprudence and Procedure; (2) Criminalistics; (3) Law Enforcement Administration;
(4) Crime Detection and Investigation; (5) Correctional Administration; and (6) Criminal
Sociology and Ethics, and other technical and specialized subjects in the criminology curriculum
provided by the CHED;
REFERENCES
Book
Lagumen , D.D., & Lagumen, H.A. (2022). Introduction to Criminology (Second Edition).
Chapterhouse Publishing, Inc.
Panugaling, G. C., & Caño, G. J. (2020). Theories of Crime Causation (First). REX Book Store,
Manila, Philippines.
Internet
https://www.academia.edu/42690904/Psychology_of_Crimes_and_Biological_Explanations
https://lawphil.net/statutes/repacts/ra2018/ra_11131_2018.html