CRIM-1 Chapter 1
CRIM-1 Chapter 1
CRIM-1 Chapter 1
DEFINITION OF CRIMINOLOGY
is a branch of sociology
In 1924, Edwin Sutherland defined Criminology as “the body of knowledge
regarding crime as a social phenomenon that includes within its scope the
process of making laws, breaking laws and reacting toward the breaking of laws”
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ETYMOLOGY OF CRIMINOLOGY
Criminology (from Latin Crimen, “accusation”, and Greek- logia)
Criminology is derived from the Latin crimen, which means accusation, and
the transliterated Greek logia, which has come to denote “the study of “,
therefore the study of crime
DIFFERENT DEFINITIONS OF CRIMINOLOGY
Criminology is the scientific study of crime, criminals and criminal behavior.
Criminologists scientifically study the following: the nature and extent of
crime, patterns of criminality, explanations and causes of crime and
criminal behavior, and the control of crime and criminal behavior (Glick,
1995).
The term criminology was coined in 1885 by Italian law professor Raffaele
Garofalo as criminologia.
Criminology is the body of knowledge regarding crime as a social
phenomenon. It includes within its scope the process of making laws, of
breaking laws, and of reacting toward the breaking of laws. (Sutherland &
Cressey as cited by Adler, Mueller & Laufer, 1995)
In its broadest meaning, Criminology is the body of knowledge regarding
crimes, criminals, and the effort of society to prevent and repress them.
This means that criminology is an interdisciplinary field of injury – that is it
draws knowledge from other disciplines such as biology, psychology,
psychiatry, sociology, law, medicine, statistics, economics, and political
science in order to provide an integrated approach in the study of crimes
and criminal behaviors.
In a narrow sense, criminology is the scientific study of crimes and criminal
behavior.
Criminology is the science which studies crime, forms of criminal behavior,
the causes of crime, the definition of criminality, and the societal reaction to
criminal activity. (Sousa, 2008)
Criminology, on the other hand, is closer to psychology than it is to criminal
justice, because it studies the minds and behaviors of criminals as opposed
to their criminal actions. (Sousa, 2008)
NATURE OF CRIMINOLOGY
Criminology is a science in itself when under the following nature:
It is an applied science – focuses on the practical application of the principles
discovered in the basic science. The findings or knowledge obtained in the study of
crimes and criminal behaviors is used to resolve the crime problem and treatment of
criminals. In other words, criminologists investigate crimes on order to generate
practical solutions to the problem.
It is a social science – in as much as crime as a social creation that exists in a
society being a social phenomenon, its study must be considered a part of social
science. This means the study of criminology includes not only the study of crimes
and criminal behavior but also the reaction of society towards crime and criminal
behavior. It is the study of the various aspects of human society.
It is dynamic – criminology changes as social condition changes. It is related with
the advancement of other sciences that have been applied to it. The study of crime
changes when criminal laws, values, beliefs, social structure, and other social
factors change. Remember that crime is a legal term. A behavior can be labeled as
crime only when it is defined by law as such. Thus, the study of crime changes when
its definition changes.
It is interdisciplinary – many disciplines are involved in the study of crimes and
criminal behavior. Among them are sociology, psychology, psychiatry, economics,
political science, and so on.
It is Nationalistic – the study of crimes must be in relation with the existing criminal
law within the territory or country. Finally, the question as to whether an act is a
crime is dependent on the criminal law of a state.
SCOPE OF CRIMINOLOGY
The study of criminology covers the following scope:
1. Study of the origin and development of criminal law or penal law
2. Study of the causes of crimes and development of criminals
3. Study of the different factors that enhance the development of criminal behavior such
as:
a. Criminal demography – study of the relationship between criminality and
population
b. Criminal epidemiology – study of criminality in relation to spatial distribution in a
community
c. Criminal ecology – study of the relationship between environment and
criminality
d. Criminal physical anthropology – study of criminality in relation to physical
constitution of men
e. Criminal psychology – study of the human mind and behavior in relation to
criminality
f. Criminal psychiatry – study of mental and behavioral disorders in relation to
criminality
g. Victimology- study of the role of the victim in crime commission
4. Study of the various measures and methods accepted by society in cases of violation of
criminal law such as:
a. The detection of crim
b. The arrest or apprehension of criminals
c. The prosecution of suspected law violators
d. The conviction of criminals in judicial proceedings
e. The imprisonment, correction, and rehabilitation of the criminal convicted of a
crime
f. The enforcement of laws, decrees, rules, and regulations
g. The administration of the police and other law enforcement agencies
h. The maintenance of recreational facilities and other auxiliary services to prevent
the development of crimes and criminal behavior
MAJOR AREAS OF STUDY IN CRIMINOLOGY
Criminal sociology – includes the fundamentals of criminology; juvenile delinquency;
human behavior and crisis management; ethics and community relations; and criminal
justice system
Criminal law and Jurisprudence – covers the study of the Revised Penal Code and its
amendments, and other laws that are penal in nature; criminal procedure; and the law
on evidence
Law Enforcement Administration- embraces police organization; operational
planning; patrol; industrial security management; intelligence and secret service; police
records; and personnel management.
Crime Detection, Investigation, and Prevention- consist of criminal, special and
arson investigation; vice control; traffic management and accident investigation; and
police report writing
Criminalistics – covers the following areas:
o DACTYLOSCOPY, POLICE PHOTOGRAPHY, POLYGRAPHY
o BALLISTICS, QUESTIONED DOCUMENT EXAMINATION
o FORENSIC MEDICINE and FORENSIC CHEMISTRY
Corrections – deals with the institution and non-institution correctional system of
approach.
CRIMINOLOGIST DEFINED
Criminologist is any person who is a graduate of the Degree of Criminology, who has
passed the examination for criminologists and is registered as such by the Board (Section 22,
RA 6506 – An act creating the Board of Examiners for Criminologists in the Philippines and for
other purposes).
Criminologists is a professional who studies crime, criminals, criminal behavior, and
efforts to control crime (Reid, 1997)
Criminologist is one who is trained in the field of Criminology. Also, he or she is one who
studies crime and criminals, and criminal behavior (Schmalleger, 1996)
PRACTICE OF CRIMINOLOGY DEFINED
A person is deemed to be engaged in the practice of Criminology if he holds himself out
to the public in any of the following capacities: (Section 23, RA 6506)
As a professor, instructor or teacher in criminology in any University, college or school
duly recognized by the Government, and teachers any of the following subjects;
a. Law Enforcement Administration
b. Criminalistics
c. Correctional Administration
d. Criminal Sociology and allied subjects, and
e. Other technical and specialized subjects in the criminology curriculum provided
by the Department of Education (now Commission on Higher Education)
As a law enforcement administrator, executive adviser, consultant, or agent in any
government or private agency.
As technician in dactyloscopy, ballistics, questioned documents, police photography, lie
detection, forensic chemistry, and other scientific aspects of crime detection.
As correctional administrator, executive supervisor, worker or officer in nay correctional
and penal institution
As counselor, expert, adviser, researcher in any government or private agency, on any
aspects of criminal research or project involving the causes of crime, juvenile
delinquency, treatment of offenders, police operations, law enforcement administration,
scientific criminal investigation or public welfare administration.
PRIVILEGES GIVEN TO CERTIFIED CRIMINOLOGISTS
Pursuant to Section 24 of RA 6506, all certified criminologists shall be exempt from
taking any other entrance or qualifying government or civil service examinations and shall be
considered civil service examinations and shall be considered civil service eligible to the
following government positions:
a. Dactylographer
b. Ballistician
c. Questioned document examiner
d. Correctional officer
e. Law enforcement photographer
f. Lie detection examiner
g. Probation officer
h. Agents in any law enforcement agency
i. Security officer
j. Criminal investigator
k. Police laboratory technician
CHAPTER 2
SCHOOLS OF THOUGHT IN CRIMINOLOGY
Criminology as a discipline is recent, but its foundations date back to centuries ago
built by people who may be called early criminologists. To better understand current
criminological theories, it is essential to be familiar with these people's contributions and
earlier approaches.
CLASSICAL CRIMINOLOGY By the middle of the 18th century, social philosophers
studied, argued and began to look for a more rational approach in imposing punishment.
Social reformers sought to eliminate the barbaric system of law, punishment and justice. They
stressed that the relationship between crime and punishment should be balanced and fair.
Cesare Beccaria (1738-1794) One of the social reformers who worked on the
implementation of said reform was Cesare Beccaria. He pioneered the development of a
systematic understanding of why people committed crime. According to him, the crime problem
could be traced not to bad people but to bad laws, that a modern criminal justice system
should guarantee all people equal treatment before the law. Beccaria believed that the
behavior of people with regard to their choice of action is based on hedonism, the pleasure
pain principle: Human beings choose those actions that give pleasure and avoid those that
bring pain. Moreover, punishment should be assigned to each crime in a degree that results in
more pain than pleasure for those who commit the forbidden acts. Therefore, "the punishment
should fit the crime. The writings of Beccaría and his followers form the core of what today is
referred to as Classical Criminology, with the following basic elements:
In every society, people have free will to choose criminal or law solutions to meet their
needs or settle their problems.
Criminal solutions may be more attractive than lawful ones because they usually
require less work for a greater payoff; if left unsanctioned, crime has greater utility than
conformity.
A person's choice of criminal solutions may be controlled by his fear of punishment.
The more severe, certain, and swift the punishment, the better able it is to control
criminal behavior (Siegel, 2004).
Beccaria's book On Crimes and Punishment supplied the blue print, which was based on the
assumption that people freely choose what they do and are responsible for the consequences
of their behavior.
Jeremy Bentham(1748-1832), a contemporary of Beccaria. He devoted his life to
developing scientific approach to the making and breaking of laws. Like Beccaria, he was
concerned with achieving "the greatest happiness of the greatest number." Bentham referred
to his philosophy of social control as utilitarianism. Utilitarianism assumes that all human
actions are calculated in accordance with their likelihood of bringing happiness (pleasure) or
unhappiness (pain). People weigh the probabilities of present and future pleasures against
those of present and future pain.
The Classical School of Criminology's concept of human nature as governed by the doctrine of
"free will" and rational behavior, upholds the following principles:
1. All human beings, including criminals, will freely choose either criminal ways or non-criminal
ways, depending on which way they believe will benefit them.
2. Criminals will avoid behaviors that will bring pain and will engage in behaviors that will bring
pleasure.
3. Before deciding which course of action to take, criminals will weigh the expected pains.
4. Criminals are responsible for their behaviors. They are seen as human beings who are able
to interpret, analyze, and understand the situations in which they find themselves.
5. Criminals act over and against their environments. They are not victims of their environment.
6. Criminals go through a thinking process whereby they take a variety of factors into account
before they make a final decision on whether or not to commit a criminal act.
7. Criminal’s behaviors. are totally responsible for their behavior
8. Environmental forces do not push, pull, or propel individuals to act. An individual acts
willfully and freely.
9. Offenders are not helpless, passive, or propelled by forces beyond their control.
10. Each criminal act is a deliberate one, committed by a rational, choosing person who is
motivated primarily by the pleasure-pain principle.
BIOLOGICAL POSITIVISM
Cesare Lombroso (1836-1909) was an Italian criminologist, scientist, university professor,
prison doctor, and founder of criminal anthropology. He was one of the largest contributors to
biological positivism and founder of the Italian School of Criminology. Lombroso is widely
known as the father of modern criminology, although most of his ideas have been discredited
today.
It is interesting to examine the sequence of events that made Lombroso, not Beccaria
or Bentham, deserve this title.
Lombroso's work closely followed Charles Darwin's theory of man's evolution. Lombroso
contended that just as human beings developed from the nonhuman animal forms, the criminal
was a throwback or mutant to a primitive stage of human evolution. The criminal was a product
of biology, and not much could be done for this "born criminal." Lombroso's positivist approach
scientific, anthropological and biological. With his research. the "legalistic concern for crime"
advanced to a "scientific was study of the criminal," which in turn became the field of
criminology. This accounted for his title of being the father of criminology.
After completing his medical studies, Lombroso served as an army physician, became a
professor of psychiatry at the University of Turin, and later in his life accepted an appointment
as professor of criminal anthropology. His theory of the "born criminal" states that criminals are
a lower form of life, nearer to their apelike ancestors than non-criminals in traits and
dispositions. They can be distinguished from non-criminals by various atavistic stigmata, which
refers to the physical features of creatures at an earlier stage of development, before they
became fully human beings.
The criminal's distinct physical and mental stigmata include deviation in head size and
shape from the type common to the race and region from which the criminal came; asymmetry
of the face; excessive dimensions of the jaw and cheek bones; eye defects and peculiarities;
ears of unusual size, or occasionally very small, or standing out from the head as those of
chimpanzee; nose twisted, upturned or flattened in thieves, or aquiline or beak-like in
murderers, or with a tip rising like a peak from swollen nostrils; fleshy lips, swollen and
protruding; pouches in the cheeks like those of animal's toes; and imbalance of the
hemispheres of the brain. Lombroso's work supported the idea that the criminal was a
biologically and physically inferior person.
SOCIOLOGICAL THEORY
Society creates conditions under which a person commits a crime. That is, people are
influenced by society to commit crimes. The words 'sociological' and 'society' are linked, so
you can remember that sociological theories look at crime as a social problem, not an
individual one.
Sociological approaches suggest that crime is shaped by factors external to the individual:
their experiences within the neighborhood, the peer group, and the family.
LACASSAGNE SCHOOL
Crime is not the expression of the innate faculty but is the result of an interaction between the
individual and his social environment: the criminal is the “microbe” and the social environment
is the “nutrient broth”.
These three socio-phrenological layers produce three main categories of criminal: frontal
(thought-based criminals), parietal (action-based criminals), and occipital (criminals acting by
feeling or instinct”.
His reading of criminality placed him at the interface between two radically different
interpretations of the subject: (1) bio-psychological approach and (2) makes a clear separation
between criminology and any biological influence which was created by Durkheim(1890’s).
CHICAGO SCHOOL
Chicago School (sometimes known as the Ecological School) refers to a school of thought in
sociology and criminology originating at the University of Chicago whose work was influential
in the early 20th century. Through the work of Robert Ezra Park, Ernest Burgess, and other
urban sociologists at University of Chicago. Conceived in 1892, the Chicago School first rose
to international prominence as the epicenter of advanced sociological thought between 1915
and 1935, when their work would be the first major body of research to specialize in urban
sociology.
EXAMPLES ARE;
The Study of the Juke Family (Richard Dugdale)
The Juke family consisted of 6 girls, some of whom were illegitimate. One of them, Ada
Juke, was known as "The Mother of Criminals." Dugdale traced the 1,200 descendants for
75 years and found 280 paupers, 60 thieves, 7 murderers, 40 other criminals, 40 with sexual
diseases, 300 infants prematurely born, 50 prostitutes, and 30 who were prosecuted for
bastardy.
The Study of the Kallikak Family (Henry Goddard)
Martin Kallikak was an American Revolutionary war soldier. While stationed in a small
village, he met a feeble minded girl and had illicit relations with her. About 489 descendants
from this lineage were traced which included 143 feeble-minded and 46 normal. Thirty-six were
illegitimate, 3 epileptics, 3 criminals, 8 kept brothels, and 82 died in infancy. The Kallikak
Family
The Study of Sir Jonathan Edwards' Family
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
became presidents of the United States, governors, members of the Supreme Court, famous
writers, preachers, and teachers.
Contemporary sociologists also had their share in analyzing heredity and criminality.
Some of their studies are as follows:
A study led by David Farrington revealed that a significant number of delinquent
youths had criminal fathers. In his other study, he found that one type of parental deviance,
bullying, may be both inter- and intra-generational. Bullies have children who bully others, and
these "second generation bullies" grow up to become the fathers of children who are also
bullies, in a never-ending cycle.
B.Twin Behavior Studies-The logic of this method is that if there is greater similarity in
behavior between identical twins than between fraternal twins, the behavior must be due to
heredity.
In the 1920s, Lange studied 30 pairs of same-sex twins - 13 identical and 17
fraternal twins. He found out that one member of each pair was a known criminal.
Moreover, both twins in 10 of the 13 pairs of identical twins were criminal; 2 of the
17 pairs of fraternal twins were both criminal. This showed a significant
relationship between the criminal activities of identical twins and a much lower
association between those of fraternal twins. A famous study of twin behavior is the
Minnesota study of twins reared apart. Experts' conclusion was that twins are alike in
personality regardless of how they are reared, that environment induces little or no
personality resemblance on twin pairs.
C.Adoption Studies-Adoption is a legal process that creates a new relationship between a
parent and a child. The adoptive parents legally become the parents of the adoptee and are
granted all the rights that biological parents are bestowed.
Characteristics of an Adoptee
- Children waiting to be adopted have distinct characteristics that make them
eligible for adoption. These children can be from any race, ethnicity or background and
from many countries around the world. The children can range in age from a couple
weeks old to adolescents. Usually, children waiting to be adopted are from a home
where there is a physical, emotional, or other type of problem. The problem can include
abuse, death of parents, and irresponsible parents.
Characteristics of an adopter
-The adopter must be a Filipino citizen;
-Must be of legal age (preferably 20+)
-Of good moral character;
-Has not been convicted of any crime
-Emotionally and psychologically capable of caring for children
-At least sixteen (16) years older than the adoptee, and
-Who is in a position to support and care for his/her adopted children in keeping with
the means of the family
Adoption studies have been carried out in three different countries: Sweden, Denmark
and USA (iowa).
Most of the Research indicates that an adoptee with a biological parent who is
criminal is more likely to engage in crime than other adoptees .
Nature refers to biological causes for behavior: this means the influence of genes that
have been inherited from biological parents.
Nurture refers to the environmental causes of behavior: this means the importance
of upbringing, regardless of who the parents are.
D.XYY Supermale-XYY syndrome is a rare chromosomal disorder that affects males. It is caused by
the presence of an extra Y chromosome. Males normally have one X and one Y chromosome.
However, individuals with this syndrome have one X and two Y chromosomes
Also known as the: 47, XYY syndrome Jacob's syndrome XYY karyotype YY
syndrome
STUDIES OF PHYSIOGNOMY
• Since 1965, when (Jacobs et al) conducted a chromosome survey of male patients at
the State Hospital in Carstairs, Scotland, and discovered that men with the 47,XYY
karyotype were highly common among inmates in penal institutions, the 47,XYY sex
chromosome abnormality has been described in various settings.
• Physiognomy- Physiognomy is the study of facial features of a person in relation to his
criminal behavior. This is done to determine whether the shape of the ears, nose and
eyes, and the distances between them were associated with anti-social behavior. The
first to use this approach was Beccaria in his Crime and Punishment. It was later
revived by Swiss theologian Johann Kaspar Lavater (1741-1801).
Phrenology or Craniology-Phrenology or craniology is the study of the external
formation of the skull indicating the conformation of the brain and the development of its
various parts in relation to the behavior of the criminal. This is associated with the work
of Franz Joseph Gall.
Physiology or Somatotype-Physiology or somatotype refers to the study of the body
build of a person in relation to his temperament and personality and the type of offense
he is most prone to commit. This approach was originated by Ernst Kretschmer and
developed by William Sheldon.
Kretschmer studied the different body types and presented the relationship between
physique and mental illness. He classified the body build into three distinct types:
1. Asthenic type-thin with long narrow arms, delicate bone structure and appearance; could
also be be idealistic, muscular and athletic. This body type is associated with schizophrenia
and tends to introverted, withdrawn, and prone to commit larceny and fraud cases.
2. Pyknic type - round, fat and fleshy body; associated with manic-depressiveness. Persons
with this built tend to be moody, extrovert, jolly and realistic. They are prone to commit
deception, fraud and violence.
3. Dysplastic type- partly asthenic and partly pyknic - with no identifiable mental illness. Their
offenses are against decency and morality.
Body Type Physical Attributes Temperament
1. Ectomorph tall, thin, bony, droopy Cerebrotonic-full of complaints. insomniac with
shoulders chronic fatigue and sensitive skin, nervous and
self-conscious, an introvert
Sociophobia
COGNITIVE THEORY
Cognitive- explain human behavior by understanding your thought processes. Focus on
conscious thinking.
Cognitive Theory of Crime
explains criminal behavior as a defect in moral thinking, thought processes, and mental
development.
personality and intelligence level are linked to delinquency.
BEHAVIORAL THEORY
-Behaviorism or the behavioral learning theory is a popular concept that focuses on how
students learn.
This learning theory states that behaviors are learned from the environment
-of behavioral learning include the role of consequences, reinforcers, punishers,
immediacy of consequences, shaping, extinction, schedules of reinforcement,
maintenance, and the role of antecedents.
A BRIEF HISTORY OF BEHAVIORISM
Behaviorism was formally established with the 1913 publication of John B.
Watson's classic paper
He considered as the “Father of behaviorism
Key Concepts
There are several principles that distinguish behavioral psychology from other
psychological approaches.
◦ Two Types of Conditioning:
According to behavioral psychology, there are two major types of conditioning, classical
conditioning and operant conditioning.
◦ Classical Conditioning
Classical conditioning is a technique frequently used in behavioral training in which a
neutral stimulus is paired with a naturally occurring stimulus. Eventually, the neutral
stimulus comes to evoke the same response as the naturally occurring stimulus, even
without the naturally occurring stimulus presenting itself.
◦ Operant Conditioning
Operant conditioning (sometimes referred to as instrumental conditioning) is a method
of learning that occurs through reinforcements and punishments. Through operant
conditioning, an association is made between a behavior and a consequence for that
behavior.
◦ When a desirable result follows an action, the behavior becomes more likely to occur
again in the future. Responses followed by adverse outcomes, on the other hand,
become less likely to happen again in the future