CRIMINOLOGY 1

INTRODUCTION TO CRIMINOLOGY

BASICS ON CRIMINOLOGY
Terms to Ponder:
Criminology- the science of crime rates, individual and group reasons for committing
crime, and community or societal reactions to crime.
Criminologist- a person who studies criminology; not to be confused with a “criminalist”
who reconstructs a crime scene or works with crime scene evidence for forensic
purposes.
Criminal Justice- the field of study that focuses on law enforcement, the legal system,
corrections, and other agencies of justice involved in the apprehension, prosecution,
defense, sentencing, incarceration, and supervision of those suspected of or charged with
criminal offenses.
Applied criminology- the art of creating typologies, classifications, predictions, and
especially profiles of criminal offenders, their personalities and behavior patterns.
Scientific method- Using verifiable principles and procedures for the systematic
acquisition of knowledge; typically involves formulating a problem, creating a hypothesis,
and collecting data through observation and experiment to verify the hypothesis.
Theory construction- an informed, creative endeavor which connects something known
with something unknown; usually in a measurable way.
Theoretical integration- efforts to come up with grand, overarching theories which apply
to all types of crime and evidence.
Theoretical specification- efforts to figure out the details of a theory, how the variables
work together; usually associated with a belief that many, competing theories are better
than integrated efforts.
Theoretical elaboration- efforts to figure out the implications of a theory, what other
variables might be added to the theory; also associated with the belief that theory
competition is better than theoretical integration.
Variables- the building blocks of theories; things that vary; things you can have more or
less criminally inclined (criminality).
NOTABLE PERSONALITIES IN CRIMINOLOGY

▪ Charles Goring — studied the case histories of criminal convicts and found that heredity
is more influential as determinant criminal behavior than environmental factors.

▪ Alphonse Bertillon — originated a system of classifying criminals according to bodily

measurements.
▪ Willem Bonger — classified crimes by motives of the offender as economic crimes,
sexual crimes, political crimes, and vengeance as the principal motives.

▪ Jeremy Bentham – advocated the “Utilitarian Hedonism” or “Hedonistic Calculus” which

explains that a person always in such a way as to seek pleasure and avoid pain.

▪ Cesare Lombroso - a famous authority in the field of criminology who advocated the
positivist theory. Considered as the “father of modern criminology”.

▪ Rafael Garofalo - Italian law professor who coin the term “criminologia”. In 1885 He
developed a concept of the natural crime and defined it as violation of the prevalent
sentiments of pity and probity.

▪ Enrico Ferri - believe in the “law of saturation”. Society can tolerate only number crime.
Factors of criminality according to him are physical and geological environment; the
individual; and the social environment.

▪ David Emile Durkheim - focused on the sociological point of view of the positivist
theory. Includes the consideration of customs, obligation, laws morality and religious
belief as factors to criminality.

▪ Sigmund Freud - the use of psychology in understanding behavior. Freud view guilt as
a motive for bad behavior. In his “psychoanalytic theory” he maintains that criminal
behavior is a form of neurosis; crime is a result of compulsive need for punishment to
alleviate guilt and anxiety; criminal behavior is a means for obtaining gratification of need;
criminal behavior is a result of traumatic experience; criminal conduct represents displace
hostility.

▪ Robert Ezra Park- Strong advocate of the scientific method in explaining criminality by
a sociologist. The human ecology explains the isolation or segregation, competition,
conflict social, contract, interaction and social hierarchy as factor of criminality.

▪ William H. Sheldon – his key ideas are concentrated on the principle of “survival of the
fittest” as a behavioral science. He combines the biological and psychological explanation
to understand the behavior. He advocated the Somatotyping Theory that explains the
belief of inheritances as the primary determinants of behavior and the body physique is
reliable indicator of personality.

▪ Edwin Sutherland- advocated the Differential Association Theory which maintains that
the society is composed of different group organization. He believes that behavior is
learned not inherited.

▪ Walter Reckless- advocated of the Control Theory which maintains that delinquency is
the result of poor self-concept. The absent of social control leads to criminality.

• Robert King Merton – advocated the Strain Theory which argues that the failure of
man to achieve the higher status caused them to commit crimes in order to attain their
goal.

• Albert Cohen - advocated the Subculture Theory and Delinquency Theory. He includes
the explanation of prevalence, origin, process and purpose, as factor to crime.

• Erving Goffman and Howard Becker – they advocated the Labeling Theory which
holds that interaction cause them to behave criminally when one or both interpretation
of the meaning of such interaction is wrong.

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• Charles Darwin - his theory maintains that man is an organism which is parasite and
has an animalistic behavior.

•Ernest Hooton – criminality is cause by heredity and the influence of environment. He

concluded that criminals are originally inferior.
• Adolphe Quetelet - he discovered on his research that crimes against person
increased during summer while crimes against property increase during winter.

• Paul Topinard - a French anthropologist who introduced the term “criminologie” in

1987.

• Emile Durkheim - father of anomie tradition, he argued that crime is a normal part of
society as birth and death. Criminal acts reflected society collective. Collectives
sentiments will reach a universal degree of acceptance.

• Robert H Goddard - advocated the theory of “feeblemindedness”. A feebleminded

person is unable to appreciate the consequences of his behavior or appreciate the
meaning of the law.

• Peter Rentzel - establish a work house in Hamburg at his own expense because he
had observed that thieves and prostitutes were made worse instead by better pillory,
and he hoped that they might improve by work and religious instruction in the work
house.

• Auguste Comte - proposed the positivist approach. He viewed the progression of

knowledge as consisting of stage reflect upon the meaning of event. The metaphysical
stage – a philosophy sought secular events to provide understanding thru a new spirit
of inquiry. The scientific stage - combination of the rational spirit of investigation with
the scientific method, emphasizing empiricism or experimentation.

• Franz Joseph Gall - claimed that the external formation of the skull indicates that
confirmation of the brain and the development of its various parts the shape of the
heads of the criminals differs from that of the non-criminals

WHAT IS CRIMINOLOGY?

• The word "criminology" was formed from the Latin word "crimen," which means
"offense," and the Greek word "logos," which means "to study," according to
Merriam-Webster Dictionary. It is the scientific study of criminals, crime as a social
phenomena, and criminal justice systems.
• Criminology is an interdisciplinary science that gathers and analyzes data on
various aspects of crime and criminal behavior
• Criminology, the scientific study of crimes, criminal and criminal behavior.

Criminology was further defined by:

PAUL TOPINARD - He was the Anthropologist who introduced the word criminology,
sometime in1889. He derived it from the Latin word “crimen”, which can be translated to
offense.

E.H SUTHERLAND and D.R. CRESSEY- “Criminology is the body of knowledge

regarding crime as a social phenomenon.”

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M.A. ELLIOT and F.E. MERILL- “ Criminology may be defined as the scientific study of
crimes and its treatment.”

D.R. TAFT- “ Criminology is the study which includes all the subject matter necessary to
the understanding and prevention of crimes together with the punishment and treatment
of delinquents and criminals.”

CONCEPT OF CRIMINOLOGY

It is the entire body of knowledge regarding crimes, criminals and the efforts of the society
to prevent and suppress them. It is also a study of crime as a social phenomenon. It
includes within its scope the making of laws, the breaking of law and the reactions towards
the breaking of laws.

Studying criminology is aimed towards the following:

1. The primary aim is to prevent the crime problem.

2. To understand crimes and criminals, this is the basic in knowing the actions to be
done in order to prevent them.
3. To prepare for a career in Law Enforcement and scientific crime detection.
4. To develop an understanding of the constitutional guarantees and due process of
law in the administration of justice.
5. To foster a higher concept of citizenship and leadership together with an
understanding of one legal and moral responsibilities to his fellowmen, his
community and the nation.

In reality, there are many and varied purpose of studying criminology. However, all these
purposes fall on either of the two (2) primary aims of studying criminology.
1. To understand crimes and criminals; and
2. To prevent the occurrence of crime.

Importance of Studying Criminology

1. Criminology can be a source of philosophy of life.

2. Criminology is a profession not only for social service but for legal practice as well.
3. People study criminology because criminals are legitimate objects of interest.
4. Authorities should know a bit of criminology because crime is a very expensive
problem of the society.

Goals of Criminology

1. The primary aim is to prevent crime problem.

2. To prepare for a career in law enforcement and scientific crime detection.
3. To develop an understanding of the constitutional guarantees and due process of law
in the administration of justice.
4. To foster a higher concept of citizenry and leadership together with an understanding
of one’s moral and legal responsibilities to his fellowmen, his community and the nation.

Scope of Criminology

1. Sociology of Law- study of the nature of crime from the legalistic point of view;
the major concern is to critically examine the impact of various legal systems upon
crime.
2. Criminal Etiology- study of the social and personal factors responsible for the
occurrence of crime and growth of criminals.
3. Penology- study of punishment.
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 4. Victimology- study on what makes a person a victim of crime.

NATURE OF CRIMINOLOGY

Understanding crime is a complicated matter that requires a systematic and balanced

knowledge in the examination of why crime exists. In this sense, criminology is:

▪ Applied Science - It involves other sciences such as psychology, sociology, psychiatry,

anthropology, medicine, chemistry, mathematics, etc., in a process known as
instrumentation.

▪ Social Science - Crime is a social phenomenon, thus, its study involves the society as
a whole.

▪ Dynamic - Criminology changes as social condition does.

▪ Nationalistic - Practice of criminology must be in adherence to the laws of the nation.

Is Criminology a Science?

Edwin H. Sutherland claims that criminology at present is clearly not a science, but it has
hope of becoming a science.

George H. Wilker argues that Criminology cannot possibly become a science.

Cirilo M. Tradio humbly submits that Criminology is a science.

Crime
Term Definition
Crime An action or omission that constitutes an offense that may
be prosecuted by the state and is punishable by law.
Offense An act or omission punishable by special laws
Felony An act or omission punishable by the Revised Penal Code
Misdemeanor/Delinquency Acts in violation of simple rules and regulations usually
referring to acts committed by minor offenders
Infraction An act or omission in violation of a city or municipal
ordinance.

Distinctions between crime, sin and immorality

CRIME SIN IMMORALITY
• Against the penal • Is against the • Is against the
laws of a state spiritual or divine unwritten social
• Is nationalistic law norms in locality
• Is a crime because • Is regionalistic
the law says so

The Concept of Crime

a. Consensus View of Crime- Majority of citizens in a society share common values
and agree on what behaviors should be defined as criminal
b. Conflict View of Crime- Criminal behavior is defined by those in power in such a
way as to protect and advance their own self-interest.

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 c. Interactionist View of Crime- Those with social power are able to impose their
values on society as a whole, and these values then define criminal behavior.
Triangle of Crime
1. Motive- cause or reason a person or groups of persons perpetrate a crime
2. Instrumentality- the means or things used in the commission of crime
3. Opportunity- consist of acts or omission which enables another person or group of
persons to operate a crime

Formula of crime

Note: Formula of crime may

also refer to the formula
according to the Routine
Activities Theory

The differentiae of crime:

1. An act maybe called crime if there is a certain external consequence or harm.
2. The harm must be legally forbidden and prescribed by law.
3. There must be conduct.
4. Mens Rea must be present.
5. There must be a fusion or concurrence of mens rea and conduct.
6. There must be a casual relationship between the legally forbidden harm and the
voluntary misconduct.
7. There must be legally prescribed punishment of the misconduct.
General Classification of Crimes
1. As to Atrocity
a. Grave offense
b. Less grave offense
c. Minor or light offense
2. As to Intent
a. Crime mala inse
b. Crime mala prohibita
3. As to Motive
a. Economic crimes
b. Sexual crimes
c. Political crimes
d. Miscellaneous crimes
4. As to Statistical Purpose
a. Crimes against property
b. Crimes against person
c. Crimes against morals
d. Crimes against public order
e. Crimes against security
f. Crimes against chastity
5. As to Penalty
a. Crimes punishable by afflictive penalties
b. Crimes punishable by correctional penalties
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 c. Crimes punishable by light penalties
Mala Inse vs Mala Prohibita
In "mala in se", the acts constituting the crimes are inherently evil, bad or wrong, and
hence involves the moral traits of the offender; while in "mala prohibita', the acts
constituting the crimes are not inherently bad, evil or wrong but prohibited and made
punishable only for public good.

ELEMENTS OF A FELONY
a) INTENTIONAL FELONIES:
- committed by means of dolo (deceit)
- The act or omission is performed with deliberate intent or malice
1) Freedom or voluntariness
2) Intelligence
3) Intent

b) CULPABLE FELONIES:
- committed by means of Culpa (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
1) Freedom or voluntariness
2) Intelligence
3) Negligence or imprudence (lack of foresight or lack of skill)

LEGAL CLASSIFICATION OF CRIMES

1) As to the manner crimes are committed:
a) by means of dolo or deceit
b) by means of culpa or fault

2) As to the stage in the commission of crimes:

a) Consummated crime - when all the element necessary for its execution and
accomplishment are present
b) Frustrated crime – when the offender has performed all the acts of execution which will
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) Attempted crime – when the offender commences the commission of crime 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

3) According to plurality:
a) Simple crime – single act constituting only one offense
b) Complex crime – single act constituting two or more grave felonies or an is a necessary
means for committing the other

4) According to gravity:
a) Grave felonies – those the law attaches the capital punishment or afflictive
penalties
b) Less grave felonies – those to which the law attaches correccional penalties
c) Light felonies – those to which the law attaches the penalty of arresto menor or a
fine not exceeding P200.00

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CRIMINOLOGICAL CLASSIFICATION OF CRIME
a. Acquisitive Crime- when the offender acquires something as a consequence of his
criminal acts
b. Extinctive Crime- when the end result of criminal acts is destructive
c. Seasonal Crime- those that are committed only at a certain period of a year
d. Situational Crime- those committed only when given the situation conducive to its
commission
e. Instant Crime- those committed in the shortest possible time
f. Episodal Crime- those committed by a series of act in a lengthy space of time
g. Continuing Crime- those committed in several places
h. Rational Crime- those committed with intention and offender is in full apprehension
of his mental faculties
i. Irrational Crime- those committed by a person who does not know the nature and
quality of his criminal act on account of the disease of the mind
j. White Collar Crime- committed by a person of responsibility and upper socio-
economic in the course of their occupational activities
k. Blue Collar Crime- committed by an ordinary professional to maintain livelihood
l. Crime of the Upper World- committed by the members of the upper strata of the
society
m. Crime of the Underworld Crime- committed by members of the lower class of the
society
n. Crime by Imitation- committed by merely duplicating what was done by others
o. Crime by Passion- committed under the fit of passion, anger, jealousy, and hatred
p. Service Crime- committed by rendering dome illegal or unethical service

CRIMINOLOGY IN THE PHILIPPINES

• The Former Supreme Court Justice Felix Angelo Bautista founded the Philippine
College of Criminology in 1954. It is the pioneer school of Criminology for Scientific
Crime Detection and Police Science Education in the Philippines. It also conducts
review classes for Licensure Examination in Criminology.
• Philippines College of Criminology (formerly known as Plaridel College)- first
educational institution to offer criminology course. The Philippine College of
Criminology was founded by Manila Police Major Eliseo Vibar, Dr. Pedro Solis of
the National Bureau of Investigation, Supreme Court Associate Justice Felix
Angelo Bautista.
• On July 1, 1972, Republic Act No. 6505 or “An Act Creating the Board Examiners
for Criminologists in the Philippines and for Other Purposes” was enacted.
• RA No. 11131 or “The Philippine Criminology Profession Act of 2018” was enacted.
This law governs the examination, registration and licensure for criminologists;
supervision control and regulation of the practice of criminology; standardization
and regulation of criminology education; development of the professional
competence of criminologists through Continued Professional Development
(CPD); and integration of all criminology professional groups, and memberships of
all registered professional organization.

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:

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 1. As a professor, instructor or teacher in Criminology in any university, college or
school duly recognized by the government and teaches any of the following
subjects: (a) Law Enforcement Administration, (b) Criminalists, (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.
2. As law enforcement administrator, executive, adviser, consultant or agent in any
government or private agency.
3. As technician in dactyloscopy, ballistics, questions documents, police
photography, lie detection, forensic chemistry and other scientific aspects of
crime detection.
4. As correctional administrator, executive supervisor, worker or officer in any
correctional and penal institution.
5. 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 of Certified Criminologists

All certified criminologists shall be exempt from taking any other entrance or qualifying
government or civil service examinations and shall be considered civil service eligibles to
the following government positions: (1) dactylographer, (2) ballistician, (3) questioned
document examiner, (4) correctional officer, (5) law enforcement photographer, (6) lie
detection examiner, (7) probation officer, (8) agents in any law enforcement agency, (9)
security officer, (10) criminal investigator, or (11) police laboratory technician. Certified
criminologists shall be eligible for appointment as Partrolman in chartered cities and
municipalities, provided they posses the general qualifications for appointment provided
in Section 9 of Republic Act 4864.

Qualification of Board Members

The Members of the Board shall at the time of their appointment be:
1. Natural-born citizens of the Philippines;
2. Holders of the degree of Bachelor of Science in Criminology (B.S. Crim.) or
Master of Criminology (M. Crim.), conferred by a reputable and legally
constituted College or Institute of Criminology recognized by the Government;
3. At least thirty years of age;
4. Registered criminologists with at least ten years experience in the profession:
Provided, That the requirements of registration shall not apply to appointments to
the first Board;
5. Non-members of the Faculty of any school, college or institute where a regular
course in Criminology is taught, nor have any pecuniary interest in such
institution; and
6. Not connected with any government agency which operate an academy, training
school or institute for the education or training of peace officers or law
enforcement agents.

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 THEORIES AND SCHOOLS OF CRIMINOLOGY

DEMONOLOGICAL THEORY
One of the first criminological theories is demonology. People once thought that bad
spirits or demons invaded people's souls and caused them to commit sins. This was the
first justification for crime and criminal activity.
CLASSICAL THEORY/CLASSICAL CRIMINOLOGY
This is originally conceived by Cesare Beccaria and his followers in the 18th century and
had the following basic elements:
• In every society, people have free will to choose criminal or lawful solutions to meet
their needs or settle their problems
• Criminal solutions can be very attractive because for little effort they hold the
promise of a huge payoff.
THE NEO-CLASSICAL THEORY

Neoclassical views of crime contend that stricter child-rearing procedures, more severe
penalties, and/or an increase in security and surveillance can dissuade, reduce, or
eliminate crime. Neoclassical thinking is frequently associated with conservative political
approaches to crime control.

The rational choice theory is a major source of inspiration for neoclassical theorists. In
fact, even the most intricate neoclassical theories begin with the premise that individuals
can and will decide not to commit a crime if the potential reward is modest and the
punishment is likely to be quick, certain, and severe.

Proposals:

1. Children and lunatics should not be regarded as criminals

2. Punishment must consider some mitigating and exempting circumstances

ARGUMENTS ABOUT CLASSICAL THEORY

1. Unfair
2. Unjust
3. The nature and definition of punishment is not individualized.
4. It considers only the injury cause not the mental condition of the offender

POSITIVIST SCHOOL OF CRIMINOLOGY

The study of crime based on an outside factor is known as positivist criminology. These
theorists looked for additional root reasons of criminal behavior outside of free will.
Measurement, objectivity, and causality are positivism's fundamental tenets. According
to early positivist views, there could be criminals and non-criminals. We must therefore
determine what motivates criminals.

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COMPARISON OF CLASSICAL AND POSITIVIST SCHOOL

CLASSICAL SCHOOL POSITIVIST SCHOOL

Death penalty is allowed Abolition of death penalty
Punishment fit the crime Punishment fit the criminal
Doctrine of Free will Doctrine of Determination
No imperial research Inductive method
Definite sentence Indeterminate sentence
ITALIAN SCHOOL OF CRIMINOLOGY

This school is led by Cesare Lombroso, Enrico Ferri, and Raffaele Garofalo in the 19th
century.

According to this theory, criminals cannot be held accountable for their conduct because
the causes contributing to their crime occur in a setting outside of their control, hence
punishment should not be used to discourage criminal behavior or in the hopes of
rehabilitation.

CARTOGRAPHIC SCHOOL OF CRIMINOLOGY

This school is focused primarily on the mapping of crime and the relationship between
society and the physical environment.

❖ CHICAGO SCHOOL OF CRIMINOLOGY

• Focused on the environment of the person, rather than focusing on
the person’s rational capability or physical attributes.
• The approach at identifying criminality as something that is somehow
created by the ecology of the physical settings that a person finds
himself growing up.
• Notable figures- Clifford Shaw and Henry McKay

SOCIOLOGICAL THEORIES

A. Human Ecology Theory

-The main effort of this school is to establish the importance of social and economic
conditions for the thinking and behavior of man in relation to crime

- Robert Ezra Park

B. Anomie Theory

-The theory that focused on the sociological point of the positivist school that explains
that the absence of norms in a society provides a setting conducive to crimes and other
anti-social acts.

-Advocated by David Emile Durkheim

C. Differential Association Theory

-The theory states that crime is learned through social interaction and that criminal
behavior is not inherited.

-Advocated by Edwin Sutherland

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D.Labeling Theory

-The theory that the formal and informal application of stigmatizing and deviant labels or
tags applied to an individual by society will not deter but rather instigate future deviant
criminal acts.

E.Strain Theory

-Unmet needs or failure to achieve one`s goal may results to anti-social acts.

BIOLOGICAL THEORIES

a. Physiognomy

-this is the study of the relationship between the facial features and human conduct of a
person in relation to his crimes.

b. Phrenology

-This theory claims that to be able to determine the character, personality and criminality
is on the basis of the shape of head

c. Somatotyping Theory

• Asthenic-lean, slightly built, narrow shoulders. They tend to commit theft and fraud.
• Athletic- medium to tall, strong, muscular coarse bones. Crimes of violence
• Pyknic-medium height, rounded figure, massive neck, broad face. Deception,
fraud and violence

The Criminal
Who is a criminal? A criminal may be defined in three ways:
a. Legal definition- a person who committed a crime and has been convicted by a
court of the violation of a criminal law
b. Social definition- a person who violated a social norm or one who acted an anti-
social act
c. Psychological definition- a person who violated rules of conduct due to behavioral
maladjustment

STUDYING CRIMINALS

MULTIPLE MURDERS
▪ Serial murder - involves killing several victims in hire.
▪ Spree murder - involves killing of two or more victims at two or more location.
▪ Mass murder - involves killing of four or more victim at one location within one event.

VIOLENT OFFENDERS
▪ Culturally violent offenders - are individuals who live in subculture in which violence is
an acceptable problems-solving mechanism
▪ Subculture of violence - use as means of explaining the greater prevalence of violent
crime among low income from slum environment.

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▪ Criminality violent offenders - use violence as a means of accomplishing criminal act,
such as in robbery ▪ Pathologically violent offenders – mentally ill or brain damage
▪ Situational violent offenders - commit acts of violence on rare occasion, often under
provocation such as in domestic disputes which gets out hand. Often described as
“crimes of passion”

CRIMINALS BY ETIOLOGY
▪ Acute criminal - person, who violates criminal law because of the impulse of the moment,
fit of passion or anger or spell of extreme jealousy.
▪ Chronic criminals - person who acted in consonance with deliberate thinking such as;
▪ Neurotic criminals - person whose action arises from intra-physics conflict between the
social and antisocial components of his personality, example is a kleptomaniac
▪ Normal criminal - person whose psychic organization resembles that of the normal
individual except that that he identifies himself with criminal prototypes.

Criminological Classification of Criminals

a. Acute Criminal- a person who violates the criminal law because of the impulse of
the moment of fit of passion, sudden burst of anger or spell of jealousy
b. Chronic Criminal- a person who acted in consonance with deliberate thinking
c. Ordinary Criminals- lowest from of criminal career
d. Organized Criminal- there is a high degree of organization to enable them without
being detected and convicted to specialized activities which can be operated in
large-scale business.
e. Professional Criminal- they are highly skilled and able to obtain considerable
amount of money without being detected because of organization and contact with
other professional criminals. These offenders are able to escape conviction.
f. Accidental Criminal- those who commit criminal acts as a result of unanticipated
circumstances
g. Active-aggressive Criminal- those who commit crime in an impulsive manner
usually dur to the aggressive behavior of the offender
h. Passive- inadequate Criminal- those who commit crime because they are pushed
to it by reward or promise without considering its consequences
i. Socialized Delinquents- those who are normal in their behavior but merely
defective in their socialized process

APPROACHES IN THE STUDY OF CRIMINALS

Approaches in Criminal Etiology
a. Single or Unitary

- this approach views that criminal behavior is caused only by one factor or
variable which is any of the following: social, biological or mental.

b. Multiple Factor Approach

-this approach views that criminal conduct is not a product of a single cause or factor
but a combination of several factors. Thus, some factors are playing a major reason
while the other is playing the minor role.

c. Eclectic Theory Approach

-this approach views that criminal behavior is at one instance caused by one or more
factors, while in other instances, i is caused by another set of factors.
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SOCIOLOGY OF LAW

Sociology of law entails the importance of law or criminal law as a process of formal social
control. Criminal law seeks to protect the public from harm by inflicting punishment upon
those who have already done harm and threatening with punishment those who are
tempted to do harm. Thus, criminal law often strives to avoid harm by forbidding conduct
that may lead to harmful results.

Sociological Positivism- It suggests societal factors such as poverty, membership of

subcultures, or low levels of education predispose people to crime.

Sociological Criminology- It also refers to the sociological understanding of crime and

criminal justice, stressing the importance of social structure and social inequality.

Sociological Imagination- It refers to the ability to attribute private troubles to problems

in the larger social behaviors.

Sociological Perspective- it refers to the belief that social backgrounds influence

individuals` attitudes and behaviors.

Who is a Sociologist?
A sociologist is someone who studies society and social behavior by examining the
groups, cultures, organizations, social institutions and process that people develop.

What does a Sociologist do in the field of Criminology?

A sociologist sees crime as an individual and social problem and believe that it cannot be
properly understood without examining the surrounding social, political and economical
context.

PENOLOGY

Penology, the study of criminal punishment, is a sub-field of criminology. Criminologists

theorize about why people commit crimes and deviate from society’s norms of behavior.
They also study how society punishes criminals because different methods of punishment
may cause people to alter their behavior in different ways. Thus, criminologist devises
theories that do not only explain the causes of crime but those also address its prevention,
control and treatment.

Today, one more area of concern in criminology is crime detection and investigation.
Criminologists are also engage in studying the criminal things. Forensic science,
sometimes referred to as Criminalistics, is therefore covered in the broad field of
criminology.

Who is a Penologist?
Penologist is one who studies the science or art of punishment.

Models of Penology
1. Retributive Justice Model

-under the code of Hammurabi, an attempt was made to enact "sympathetic" punishment
or justice in the form of:

a. life for life

b. tooth for tooth

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c. foot for foot

e. eye for eye

-A similar philosophy was expressed in the Bible (Exodus 21: 23-25) punishment of this
type followed the principle of lex talionis and it is based on the notion of talion (or
equivalence between crime and its punishment)

2. Justice Model by David Fogel

-It was first introduced in 1975 in the book, We Are the Living Proof: The Justice Model
for Corrections. Basically, the Justice Model has rejected all hopes for rehabilitation and
the indeterminate sentence; it also contained some strong views on penology and has
been described as less concerned with the administration of justice than with the justice
administration.

3. Utilitarian Model

-The philosophy of utilitarianism was developed by intellectuals who were concerned with
the idea of social contract. Social Contract consisted of doctrine that an individual us only
bound to society by their consent and that through this consent, society has a reciprocal
responsibility to them.

Kinds of Deterrence
a. SPECIFIC DETERRENCE

-This often takes incapacitation- the idea is to make it impossible for an individual to
commit another crime, at least, while they`re in prison. Specific deterrence calls for
inmates to be closely guarded and monitored at all times. In fact, Bentham proposed a
type of prison system known as the Panopticon design(means all-seeing eye).

b. GENERAL DETERRENCE

-This is what most people mean when they speak of deterrence; the principle is that others
would avoid criminal behavior because of the example provided by punishment.

" A person is punished not so much because they deserve it, but in order that others will
not be inclined to do the same or similar thing"

c.Redemption or Restorative Justice Model

-redemptive philosophy of punishment tends to be about faith- based initiatives and /or
religious based correctional interventions . Restorative justice approaches are sometimes
called:
a. communitarian justice
b. reintegrative justice
c. redemptive justice

STAGES OF CRIMINAL ACTS

a. Attempted Crime -A stage of crime. where in the offender starts the commission of a
felony directly by overt acts, and does not perform all the acts of execution which should
produce the crime by reason of some cause or accident other than his own spontaneous
distance.

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b. Frustrated Crime -A crime is frustrated when the offender performs all the acts of
execution which would produce the felony as a consequences but which nevertheless do
not produce it by reason of causes independent to the will of perpetrator.

c. Consummated Crime -A crime is consummated when all elements necessary for its
execution and accomplishment are present.

SUBJECTIVE APPROACHES

1.Anthropological Approach

Focused in studying the physical characteristics of offenders in the attempt to discover

physical differences between criminals and non-criminals.

2.Medical Approach

The application of medical examinations on offenders in order to explain the mental and
physical condition of the individual prior and after committing a crime.

3.Biological Approach: The evaluation of genetics in explaining criminal behavior.

4.Physiological Approach: Focused on the study on the nature of human beings-how they
are satisfy on their physical needs, this approach explains that the cause of crime is the
deprivation of physical body from the basic needs of life.

5.Psychological Approach: Explains the development of criminal behavior is caused by

deprivation from psychological needs of a man.

6.Psychiatric Approach: Cause of the criminal behavior, according to this approach, is

mental disease as diagnosed by a trained authorized person.

7.Psychoanalytical Approach: Explanation of a crime is based on the Freudian Theory-

this theory states that criminal behavior is accused by repression of the basic drives

OBJECTIVE APPROACHES

1. Geographic Approach: Topography, natural resources, geographical location and

climate are factors that lead a person to commit crime.(Adolph Quetelet`s Theory)

2. Ecological Approach: The biotic grouping of men resulting to migration, competition,

social discrimination, division of labor and social conflict are factors that cause crime.
(Ezra Park`s Theory)

3. Economic Approach: Financial insecurity and inadequacy of the necessities to

support life are important factors to criminality (Robert King Merton`s Theory)

4. Socio- Cultural Approach: Causes of crimes can be traced from the effect of
institutions, economics, education, politics and religion to the people(Albert Cohen`s
Theory)

VICTIMOLOGY

Victimology is the scientific study of victimization, including the relationships between

victims and offenders, the interactions between victims and the criminal justice system-
that is, the police and courts, and corrections officials-and the connections between
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victims and other societal groups and institutions, such as the media, business and social
movements.

WHO IS A VICTIM?

It means any person who, by reason of natural disaster or man-made cause, individually
or collectively, has suffered harm, including physical or mental injury, emotional suffering,
economic loss or substantial impairment of his/her fundamental rights, through acts or
omissions that are in violation of criminal laws, including those prescribing abuse of
power.
WHO IS A CRIME VICTIM?

Crime victim generally refers to any person, group, or entity who has suffered injury or
loss due to illegal activity. The harm can be physical, psychological, or economic.

1. Physical- physical harm may include physical injury; generally it involves physical pain.

2. Psychological-the following are psychological reactions a) increase in the belief

of personal vulnerability; (b) perception of the world as meaningless and
incomprehensible; an(c)viewing themselves in a negative light.

3. Economic-Economic harm may include loss of property like family house, business
establishment and the like.

GENERAL CLASSES OF VICTIMS

1. the young: the weak by virtue of age and immaturity

2. the female: often less physically powerful and easily dominated by males

3. the old: the incapable of physical defense

4. the mentally defective: those that are unable to think clearly

5. the immigrant: those that are unsure of the rules of conducts in the surrounding
society

6. the minorities: racial prejudice may lead to victimization or equal treatment by the
agency of justice

VICTIM OF CRIME MODEL (MAN -MADE CAUSE)

a. Stage of Impact and Disorganization

-this depicts the attitude or activity of the victim during and immediately following the
criminal event.

b. Stage of Recoil

-this stage occurs during which the victim formulates psychological defenses and deals
with conflicting emotions of guilt, anger, acceptance and desire of revenge (this could last
3 to 8 months)

c. Reorganization Stage
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-this stage occurs during which the victim puts his/her life back to normal daily living.

2. Victims of Disaster Model (Natural Causes)

a. pre-impact stage- this describes the state of the victim prior to being victimized.

b. impact stage- this stage is the phase in which victimization occurs.

c. post-impact stage- this stage entails the degree and duration of the personal and
social disorganization following victimization.

d. behavioral outcome- this phase describes the victim`s adjustment to the victimization
experience

KINDS OF CRIME VICTIMS

1. Direct or Primary Crime Victim

- this kind of victim directly suffers the harm or injury which is physical, psychological, and
economical losses.

2. Indirect or Secondary Crime Victim

- victims who experience the harm second hand, such as intimate partners or significant
others of rape victims or children of a battered woman. This may include family members
of the primary victims.

3. Tertiary Crime Victim

- Victims who experience the harm vicariously, such as through media accounts , the
scared public or community due to watching news regarding crime incidents.

Victim Impact Panel

A victim impact panel is a form of community - based or restorative justice in which the
crime victims meet with the defendant after conviction to tell the convict about how the
criminal activity affected them, in the hope of rehabilitation pr deterrence.

Victim Assistance and Supports

1. Victims should receive the necessary material, medical , psychological and social
assistance through governmental, voluntary, community- based and indigenous means.

2. Victims should be informed of the availability of health and social services and other
relevant assistance and be readily afforded access to them.

TYPOLOGY OF CRIME VICTIM

Psychological types of victims

• Depressed- submissive person by virtue of emotional condition

• The acquisitive or greedy- person who wants more than what is sufficient that leads
him to be deviant
• The lonesome- person who eventually becomes a victim by virtue of wanting
companionship or affection
• The tormented- a victim who asked for it, often from his own family or friends
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 CRIMINOLOGY AND OTHER ALLIED FIELDS

PSYCHOLOGY AND PSYCHOLOGICAL CRIMINOLOGY

Psychology is about people and focuses on the study of the human mind and behavior.

Psychological Criminology

- It encompasses science of behavior and mental processes of a criminal.

- the focus is " individual`s criminal behavior- how it is acquired, evoked, maintained or
modified". It considers both the social and personality factors and how these are mediated
by mental processes.

CRIMINAL PSYCHOLOGY AND PSYCHIATRIC CRIMINOLOGY

Criminal Psychology- also referred to as criminological psychology which is the study

of the wills, thoughts, intentions, and reactions of criminals and all that partakers in the
criminal behavior.

Psychiatric Criminology- also called Forensic Psychiatry.

-it is the application of psychiatric knowledge to offender populations with respect to the
juxtaposition between mental disorder and criminal behavior and provides a helpful
explanation of mens rea (intent) and actus reus(action).

Criminal Psychologist- also known as Forensic Psychologist, is a mental health

professional who works within the justice system. A criminal psychologist creates suspect
profiles for law enforcement agencies, diagnoses offenders who might be criminally
insane, overseas jury selections, testifies in legal cases, and even evaluates children in
custody hearings

CRIMINOLOGY AND CRIMINALISTICS

Criminology deals with the causes and prevention of crime and the criminal justice
system. Criminalistics deals with the science involved in solving law enforcement
questions, such as the collection of DNA evidence. The criminalist usually works in a
forensic science lab, most commonly for the government, in alliance with the police. The
criminologist, however, deals in the social science of crime and prevention.

Obtaining a degree in the field of criminology or criminalistics will generally lead to a

career in law enforcement. Jobs in these fields include homicide investigator, arson
investigator or crime scene investigator.

CRIMINOLOGY AND THE PHILIPPINE LAWS/JURISPRUDENCE

Criminal Law- that branch of substantive public law, which defines crimes, treats of their
nature, and provides for their punishment. It generally refers to violations of criminal
statutes or statutory provisions, but may also describe any action prohibited by a
government, including violation of administrative rules or regulations.

Sources of Philippine Criminal Law

In the Philippines, the primary sources of Criminal Laws are as follows, to wit:
• The Revised Penal Code, which took effect on January 1, 1932.
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 • Special Penal Laws passed by the Philippine Commission, Philippine
Assembly, Philippine Legislature, National Assembly, the Congress of the
Philippines, and the Batasang Pambansa.
• Penal Presidential Decrees issued during Martial Law.

Characteristics of Criminal Law

1. General
2. Territorial
3. Prospective

CRIMINOLOGY AND THE CRIMINAL JUSTICE SYSTEM

Criminal Justice System – The machinery which the society uses in the prevention and
control of crimes. It may also refer to the totality of the activities of the law enforcers,
prosecutors, judges, and corrections personnel, as well as those of the mobilized
community in crime prevention and control.

In theory, Criminal Justice System is an integrated apparatus that is concerned with the
following;
• apprehension,
• prosecution,
• trial,
• conviction,
• sentencing and
• rehabilitating or correcting criminal offenders.

Pillars of Philippine Criminal Justice System:

1. Law Enforcement
2. Prosecution
3. Court
4. Corrections
5. Community

Goals of Criminal Justice System

1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.

People involved in the system (Parties to the criminal case)

1. Accused = The most pampered party in a criminal case.
2. Victim/complainant = The forgotten party in a criminal case.
3. People of the Philippines = The actual offended party

“Life is about choices. Some we regret. Some we’re proud of. We are what we choose to
be.” — Graham Brown

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