INTRODUCTION TO

CRIMINOLOGY
PREPARED BY:
CATHERINE G. ACEDO, RCRIM
WHY PEOPLE COMMITS CRIME?

1. POVERTY
2. MENTAL DISORDER
3. REVENGE/JEALOUSY
4. UNDER THE INFLUENCE OF DRUGS OR ALCOHOL
CRIME PREVENTION (CRIME TRIANGLE)

MOTIVE ABILITY

OPPORTUNITY
CRIMINAL FORMULA

CRIME - MOTIVE + INTENT + ABILITY

RESISTANCE
INTRODUCTION

 THE PREVALENCE OF CRIMES AND CRIMINALS IS

UNIVERSAL AND ITS EXISTENCE IS AS OLD AS THE
WORLD HAS EXISTED. AND, FROM ITS EXISTENCE
UP TO PRESENT TIMES, STUDIES ON MODERN
TECHNIQUES IN CRIME PREVENTION,
CORRECTIONAL METHODS AND ADVANCE STUDIES
IN CRIME ETIOLOGY HAD BEEN PURSUED BY MANY
SCHOLARS AND ADVOCATES OF CRIMINOLOGY.
 YET, UNTIL TODAY, NOTHING CLEAR AND CONCRETE HAD BEEN
FORMULATED FOR ITS TOTAL REMEDY, - THE REASON WHY, MUCH
HAVE BEEN SEARCHED AND RE-SEARCHED TO DISCOVER
EFFECTIVE METHODS IN COMBATING CRIMINALITIES,
IDENTIFYING FACTORS THAT LEAD TO THE CAUSE OF CRIMES
AND IDENTIFYING BEHAVIOR OF A WOULD-BE OFFENDER.
 THE ABOVE STATEMENTS ENCOMPASS THE STUDYOF
CRIMINOLOGY. AS HAS BEEN STATED IN SEVERAL BOOKS ON
CRIMINOLOGY, THIS STUDY IS “A BRANCH OF SCIENCE, WHOSE
FIELD OF STUDY IS INTERDISCIPLINARY”. IT COVERS THE
CONTRIBUTION TO CRIMINOLOGY OF DIFFERENT DISCIPLNES
LIKE LAW, JURISDICTION, JURISPRUDENCE, ANTROPOLOGY,
SOCIOLOGY, HISTORY, MEDICINE AND OTHER ALLIED
DISCIPLINES.
 CRIMINOLOGY IS A SCIENCE WHICH DEALS WITH THE
STUDY OF CRIME, THE STUDY OF FORMS OF CRIMINAL
BEHAVIOR, THE CAUSES OF CRIME, THE DEFINITION OF
CRIMINALITY, AND THE SOCIETAL REACTION TOWARDS
CRIMINAL ACTIVITY. IT MUST BE UNDERSTOOD THAT THE
STUDY OF CRIMINOLOGY IS CLOSER TO THE STUDY OF
PSYCHOLOGY THAN TO CRIMINAL JUSTICE BECAUSE IT
STUDIES THE MINDS AND BEHAVIORS OF CRIMINALS AS
OPPOSED TO THEIR CRIMINAL CONDUCT.
 IN THE STUDY OF CRIMINOLOGY, RELATED AREAS OF
INJURY MAY INCLUDE STUDIES IN JUVENILE DELINQUENCY,
VICTIMOLOGY, THEORIES OF PREVENTION, POLICING AND
CORRECTIONS.
DEFINITION OF TERMS

 CRIMINOLOGIST – IS GENERALLY REFERRED TO AS A

PERSON WHO PRACTICES HIS PROFESSION IN
CRIMINOLOGY. UNDER THE PHILIPPINE LAW, SEC. 22, R.A.
6506, A CRIMINOLOGISTS IS ONE WHO HAS A DEGREE IN
CCRIMINOLOGY, PASSED THE EXAMINATION FOR
CRIMINOLOGISTS AND IS REGISTERED AS SUCH BY THE
BOARD AND SHALL NOT PRACTICE AS A CRIMINOLOGIST
IN THE PHILIPPINES WITHOUT HAVING PREVIOUSLY
OBTAINED A CERTIFICATE OF REGISTRATION FROM THE
BOARD.
 Begun and held in Metro Manila, on Monday, the twenty-third
day of July, two thousand eighteen.
 REPUBLIC ACT No. 11131
 AN ACT REGULATING THE PRACTICE OF
CRIMINOLOGY PROFESSION IN THE PHILIPPINES,
AND APPROPRIATING FUNDS THEREFOR,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO.
6506, OTHERWISE KNOWN AS "AN ACT CREATING
THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS
IN THE PHILIPPINES"
 CRIMINALIST - IS ONE WHO IDENTIFIES, COMPARES,
ANALYZES, AND INTERPRETS PHYSICAL EVIDENCE; AN
EXPERT IN THE USE OF SCIENTIFIC METHODS TO
INVESTIGATE CRIMES, SPECIFICALLY, BY COLLECTING
AND ANALYZING PHYSICAL EVIDENCE, ALSO KNOWN
AS FORENSIC INVESTIGATOR.
 PENOLOGIST – A PERSON WHO STUDIES THE THEORY
AND PRACTICES REFORMATION AND REHABILITATION
OF CRIMINALS AND OF MANAGEMENT OF PRISONS.
 VICTIMOLOGIST - A PERSON WHO STUDIES THE
RELATIONSHIP BETWEEN THE OFFENDER AND THE
VICTIM.
UNDERSTANDING THE CONCEPT OF
THE STUDY OF CRIMINOLOGY
 CRIMES AND CRIMINALS EMANATE WITHIN THE
SOCIETY. A SOCIETY IS A “STRUCTURED
COMMUNITY OF PEOPLE”, BOUND TOGETHER BY
SIMILAR TRADITIONS, INSTITUTIONS, OR
NATIONALITY. ITS COMPONENTS ARE PEOPLE,
JURISDICTIONS AND LAWS. THESE
COMPONENTS COMPLETE THE FULL ESSENCE OF
SOCIAL CONTRACT.
 IN A STATE, MEN ESTABLISHED THE SOCIETY
THROUGH A SOCIAL CONTRACT WERE BY MEN WERE
PRIVILEGED AND RIGHTED BY THE STATE TO LIVE IN A
CERTAIN JURISDICTION PROVIDED THAT MEN SHALL
SURRENDER SOME OF THEIR SOCIAL LIBERTIES IN
RETURN FOR THEE SECURITY AND SAFETY THAT THE
STATE PROVIDES FOR THEM (POLICE POWER).
 RELATIVELY, A SOCIETY WITHOUT RULES AND
REGULATIONS TO REGULATE MAN’S BEHAVIOR MAY
CREATE CHAOS AND DISORDER.
 SINCE MAN IS ENDOWED WITH FREE WILL,
SIGNIFICANTLY, HE HAS THAT ABILITY AND
CAPABILITY TO DO WANT HE WANTS AND SHALL DO
ANYTHING (LEGAL OR ILLEGAL) IN ORDER TO
SUSTAIN HIS SOCIETAL NEEDS, DESPITE THE LAW. IT IS
IN THIS ASPECT IN WHICH THE STUDY OF
CRIMINOLOGY SHALL ENLIGHTEN US ON HOW AND
WHY MAN SUCCUMBS TO CRIMINALITY.
CONCEPTUAL FRAMEWORK
STUDY OF CRIMINOLOGY
CRIMINOLOGY
SOCIETY CRIMES/CRIMINALS

JURISDICTION CRIMINNAL ETIOLOGY

PEOPLE SOCIOLOGY OF LAWS
LAWS CORRECTIONS
 IN A SOCIETY, PEOPLE HAS THE FREEDOM TO CHOOSE
A PLACE TO LIVE (JURISDICTIONS). EACH SEGMENT OF
THE SOCIETY WHICH WE CALL “JURISDICTION” IS
ESSENCIALLY MADE UP OF CULTURE, NORMS, AND
TRADITIONS WHICH GREATLY INFLUENCE THE
DEVELOPMENT OF RULES, LAWS, REGULATIONS OR
STATUTES.
 BUT MEN EITHER OBSERVE OR DISREGARD IT,
DEPENDING ON HIS/HER MIND SET, BEHAVIORAL
APTITUDE, AND ENVIROMENTAL INFLUENCES. THUS
WE FIND CRIMES AND CRIMINALS WITHIN THE SAID
SOCIETY.
 WHENEVER HE/SHE VIOLATES THE SOCIAL CONTRACT,
THE STATE QUESTIONS HER/HIS VIOLATION AND
PROVIDE SANCTIONS FOR SUCH VIOLATIONS – IN THE
LEGAL POINT OF VIEW.
 BUT, IN THE CRIMINOLOGISTS POINT OF VIEW, THE
QUESTION IS FOCUSED ON THE BEHAVIOR OF THE
INDIVIDUAL, FINDING THE CAUSES WHY HE IS ABLE
TO BREAK THE LAW.
 OFTEN, THE CAUSES OF CRIMINAL BEHAVIOR IS
TRACED BACKON EITHER THE PSYCHOLOGICAL,
BIOLOGICAL, PERSONALITY, ENVIROMENTAL OR
PSYCHO-SOCIAL FACTORS WHICH MAY HAD
CONTRIBUTED TO THE DEVELOPMENT OF THE
INDIVIDUAL’S ANTI-SOCIAL BEHAVIOR.
 LAW OF THE STATE DEFINE WHAT CRIME IS, AND WHO
IS THE CRIMINAL. THE VIOLATOR IS EXAMINED ABOUT
THE CIRCUMSTANCES THAT CAUSE HIM TO VIOLATE
THE LAW, AND PROCESS HIM IN THE CRIMINAL
JUSTICE SYSTEM.
 THE STATE AFTER FINDING THE VIOLATOR GUILTY OF
THE ACT HE COMMITTED, PROVIDES PENALTY OR
PUNISHMENT COMMENSURATE TO THE GRAVITY OF
THE ACT COMMITTED (AS PROVIDED FOR IN PENAL
LAWS).
UNDERSTANDING THE TERM
“CRIMINOLOGY”
 THE TERM “CRIMINOLOGY” IS GIVEN MEANINGS
AND INTERPRETATIONS IN VARIOUS WAYS.
WHICHEVER OF THE MEANING IS TAKEN, IT
STILL CONVEYS THE SAME THOUGHT.
 THE TERM CRIMINOLOGY WAS DERIVED FROM THE
LATIN WORD CRIMEN, WHICH MEANS “ACCUSATION”
AND THE GREEK WORD “AOYIA-LOGIA” FOR “LOGY”
OR STUDY WHICH MEANS “THE SOCIAL SCIENCE
APPROACH TO THE STUDY OF CRIME AS AN
INDIVIDUAL AND SOCIAL PHENOMENON”.
 IN 1885, ITALIAN LAW PROFESSOR RAFFAELE
GAROFALO COINED THE TERM “CRIMINOLOGY” (IN
ITALIAN CRIMINOLOGIA).
 PAUL TOPINARD USED IT FOR FIRST TIME IN FRENCH
(CRIMINOLOGIE) AROUND THE SAME TIME AS OF
GAROFALO.
 ONE COMMON DEFINITION OF CRIMINOLOGY IS – THE
STUDY OF CRIMES, CRIMINALS, AND THEIR TREATMENT.
 THE MOST COMPLETE DEFINITION OF CRIMINOLOGY IS –
“A BODY OF KNOWLEDGE REGARDING CRIME AS A
SOCIAL PHENOMENON. IT INCLUDES WITHIN ITS
SCOPE THE PROCESS OF MAKING LAWS, THE
BREAKING OF LAWS, AND THE REACTIONS TOWARDS
THE BREAKING OF LAWS” (EDWIN SUTHERLAND)
 FIRSTLY, WE STUDY THE CRIME AS A SOCIAL
PHENOMENON. CRIME AS A SOCIAL PHENOMENON IS
UNDEDRSTOOD AS “THE CAUSE OF CRIME HAS NO
SPECIFICITY AND HAS NO DEFINITE SOLUTION”.
 FURTHERMORE, CRIME AS A SOCIAL PHENOMENON
INCLUDES IN ITS SCOPE THE STUDY OF SOCIOLOGY OF
LAWS, CRIME ETIOLOGY AND CORRECTIONS THAT
MADE UP THE 4 PRINCIPAL DIVISIONS IN THE STUDY
OF CRIMINOLOGY.
4 PRINCIPAL DIVISIONS OF
CRIMINOLOGY
1. CRIMINAL ETIOLOGY
2. SOCIOLOGY OF LAWS
3. PENOLOGY/CORRECTIONS
4. VICTIMOLOGY
1. CRIMINAL ETIOLOGY (THE BREAKING OF LAWS –
THE CAUSES OF CRIME) – THIS DIVISION IN THE STUDY
OF CRIMINOLOGY ATTEMPTS TO ANALYZE
SCIENTIFICALLY THE CAUSES OF CRIME.
 THERE’S A QUESTION OF “WHAT MAKES THIS PERSON
BREAK THE LAW?” THEREFORE, THE ANSWER TO THE
QUESTION IS FOCUSED NOT ON THE LAW BEING
VIOLATED BUT, ON THE FACTORS THAT INFLUENCE
THE BEHAVIOR OF THE VIOLATOR.
2. SOCIOLOGY OF LAWS (MAKING OF LAWS) – THIS
DIVISION IN THE STUDY OF CRIMINOLOGY IS AN
ATTEMPT AT THE SCIENTIFIC ANALYSIS OF THE
CONDITIONS FROM WHICH CRIMINAL LAWS DEVELOPED.
 HOW DID LAW ORIGINATE? WHAT FACTORS
INFLUENCED THE CREATION OF A LAW?
3. PENOLOGY/CORRECTION (REACTIONS TOWARD THE
BREAKING OF LAWS) - THIS DIVISION OF CRIMINOLOGY
ATTEMPTS TO SCIENTIFICALLY ANALYZE THE
CORRECTIONAL METHODS AND PROCESSES AS
EFFECTIVE CONTROLS OF CRIME.
 HOW DOES THE STATE/GOVERNMENT REACT TO THE
VIOLATION? HOW SHOULD AN OFFENDER BE
CORRECTED OF HIS/HER ACTS CONTRARY TO THE
LAW?
4. VICTIMOLOGY (VICTIMIZATION) – IS AN ATTEMPT IN
UNDERSTANDING THE NATURE AND CAUSES OF
VICTIMIZATION, AS WELL AS THE PROGRAMS FOR
AIDING AND PREVENTING VICTIMIZATION.
 IS THERE A CONTRIBUTORY FACTOR ON THE PART OF
THE VICTIM WHY HE/SHE IS VICTIMIZED?
CHAPTER II: The Sociology of Laws in the
Context of Criminology
This chapter discusses the origin, development and structure of
criminal law. In the study of criminology, understanding of the
sociology of laws is very important because it provides scientific
analysis of how laws developed and how it affects human behaviour. It
also provides an understanding of the differentiation between the true
meaning of criminal acts/behaviors from other acts or other behaviors.
 The study of the sociology of laws is an attempt at scientifically analysing
the conditions under which criminal laws evolved.

Laws are devised to limit the “free will” of men. Free will of men is
regulated by both the “laws of the state and laws of God”. On matters of how
theses laws had developed and why it should be established, is part of the
study in criminology which can aid in understanding what really are crimes
and who are criminals. This is technically known as “sociology of laws”
which explains how laws had developed and why they had been established.
The Subject Matter of Law

For many centuries, scholars and philosophers of jurisprudence have

attempted to find reasons to determine the principles had been presented such
as the Divine will, the will of the Sovereign, nature, reason, history, and
public opinion. In 1920’s, sociologists revived their interest in the sociology
of law and many of the recent specialists have been influenced by Roscoe
Pound, a major figure in “Sociological Jurisprudence”, who, more than fifty
years ago had also embraced the ideas of other sociologists like E.A. Ross,
Albion W. Small and Lester F. Waro.
 Pound, stated that an answer to the question “What is Law” is impossible
because law is living, and changing thing, which could be based on sovereign
will at one time or, juristic science on another time, which may at one time be
uniform and at another time give much room for judicial discretion; which by
certain reasons be very specific in its prescriptions or at another time be very
general.
Man’s ability to preserve life is a Natural Law. This is man’s share in the
Eternal Law of God. Such participation of a man in the Eternal Law of God is
manifested through his reasons. Rational creatures are subject to Divine
Providence in a more excellent way by being wise both for themselves and for
others. Therefore, he has a share on the eternal reason whereby he has a
natural inclination to his proper acts and ends, and his participation in the
eternal law of the rational creature is called the Natural Law.
 The Natural Law is corollary of the Eternal Law. It is an extension of the
Divine Order of things as comprehended by human reason. Man is born with
a natural disposition to follow the natural law, for he uses the necessary
means to preserve his life as he lives in a society, begets and educates
children, enjoys companionship, or gets mutual assistance, and many more.
Man is also born with a natural facility to know the basic truths as principles
of the moral order that good is to be done and promoted and evil is to be
avoided. But man is not born with a full knowledge of these principles and
finds by way of reasoning or of making general or particular inferences. Man
discovers the moral order not by mathematical processes, but by a simple
process of his reason.
Sources of Criminal Law
Criminal Law originated from two (2) major sources, namely;
1. Common Law
2. Statutory Law

1. Common Law – is that body of customs, precedents, and traditions that

developed overtime without formal legislative action. Through test of time,
common law has persisted and gained ethical foundations and became
common to all jurisdiction as basis of good moral behaviour. Most of the
common law are derived from Eternal Laws of God whose differentiation is
stated below;
 Divine Law – is that system of rules which regulate the operation of the
universe according to the will and command of God. It is a law believed to
come directly from God. Divine law includes natural law, moral law, human
law and physical law.
Example: Ten commandments; all laws of God
Natural Law – that which closely related to the Divine Law; it is the
sum total of all rules of life established by divine inspiration and observed
equally by all nations.
Natural law is a body of rules of conduct that is inherent in human nature
and is essential to or binding upon human society.
Example: Life Preservation, Law of nature
 Moral Law – is the divinely prescribed rule regarding moral conduct. It
is a set of standards or patterns of right or wrong developed in the public
consciousness of every community.
Examples: Honesty, voting with conscience, no cheating policy,
respect of elders
2. Statutory Law – includes those acts or omissions defined as crimes
through the legislative process.
In general, law maybe construed as any rule of action or any expression
of uniformity. It is a rule of conduct or procedure recognized by a
community as binding or enforceable by authority, applied to all men with
regularity and equality.
Law has some divisions which include following:
1. Law which is applicable to men or rational beings only. This law is
categorized into:
a). Law enforced by the State commonly known as;
- Positive law
- Civil law or
- State law
b). Law not enforced by the State which include;
- Divine law,
- Natural law and
- Moral law
2. Law applicable to all matters including men insofar as they are part of
physical world without regard to their will or intelligence.
Examples: Law on Commerce, Transportation laws, Property laws, etc.

Origin of Criminal Law

Criminal Law is regarded as an agency of social control. It controls
behaviour of man by giving punishment to someone with undesirable
behaviour. Such system discourages would-be offender to commit the same
act for fear of punishment. Thus, law serves as a deterrence to criminal
actions.
 Criminal Law – Its Nature and Place
What is Criminal Law?
Revised Penal Code of the Philippines (1998) defines Criminal Law
as that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment.

The term Criminal Law, sometimes called Penal Law, refers to any of
various bodies of rules in different jurisdictions whose common characteristic
is the potential for unique and often severe impositions as punishment for
failure to comply.
Principles of Criminal Law
Law in general is, any rule of action or any expression of uniformity.
Law is applied to every violator regardless of status, circumstances, age and
social standing. Law is not discriminatory. It defines crimes, treats of their
nature, and provides for their punishment.

Criminal Law defines crimes – Criminal law gives meaning to actions

violative of the law. It defines acts/behaviour that would constitute an act of
crime.
For example: the act of killing a person is defined by criminal law as
homicide (generic).
Circumstances of how the killing was done is defined by law as either,
murder, homicide, parricide, or genocide.
Criminal Law treats of their Crime – the yardstick or criterion of crime
emphasizes on acts which are injurious to the public.
Crime is an act injurious to the public, prohibited by law and punishable
in the name of the State. The law is concerned with the violation of the
rules/law, while a criminologist is concerned with the behaviour of the
violator.
Blackstone, emphasizes the nature of crime as “an act committed or
omitted in violation of the public law either forbidding or commending
it.”
Professor Kenny stated that crimes are wrongs, whose sanction is punitive,
and is in no way remissible (pardonable) by any private person.
 Another emphasis on the treatment of criminal law on the nature of crime
is that, it is any wrong which the government deems injurious to the public at
large, and punishes through a judicial proceeding in its own name.
Criminal Law provides punishment for a crime – for every violation of a
criminal law there is always a corresponding punishment, equitable to the
degree of offense committed.
Example: Heinous crimes such as murder, rape, or massacre carry a
penalty of death under the Revised Penal Code of the Philippines.