Criminology Research
Criminology Research
Criminology Research
Criminology Research
Compiled by: Aaron Wells Agagon Lucero
nature and are generally graded higher than malum prohibitum crimes, which are regulatory,
like a failure to pay income taxes. [1]
white collar crime These crimes are committed by members of upper socio economic
class in the exercise of their profession. [4-8]
blue collar crime Are those committed by ordinary professional to maintain their
livelihood. [4-9]
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marital rape is the forcible penetration of a husband to his wife. meaning without
consent of his wife, the husband had sex with her.
serial rape The current definition of serial rape is two or more cases of rape that may
or may not be related. They must be committed by the same offender(s) and must have
a cooling-off period, like all serial offenses. [5-1]
statutory rape Statutory rape is the crime of sex with a minor when the sex is agreed
to by both parties, not forced. The reason why it is considered rape is because the
minor is considered to be too young to legally consent to have sex or sexual contact.
[10]
Crime of killing
Etymology of the word homicide
Homicide is a combined form of the prefix homi-, from homo, meaning man (example:
Homo sapiens), and the suffix -cide. Homicide therefore, is "Killing of a man". Man here
indicates human. Male and Female.
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At a glance, many words in the legal system are often used as if they are equal and
interchangeable. However, in many situations, doing so is incorrect. Among the many terms
that are often mistakenly used this way is murder and homicide. The difference between
the two may not seem big, but the terms used in a case make a world of difference.
Murder
Murder is defined by three different degrees, all of which have an unlawful and generally
unjustifiable basis. For example, first-degree murder involves premeditation and intent.
Whether the perpetrator has a motive or not, it is simply killing another person without just
cause. Second-degree murder involved killing someone without pre-planning or pre-
mediation, essentially killing another person for the sake of doing so. Finally, third-degree
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murder, often categorized as manslaughter, involves the intent of harming someone that
results in death even if death was not intended.
Homicide
Homicide differs from murder in a few key ways. Among them, homicide is still killing another
person, but in a circumstance that could be considered justifiable. For example, many self-
defense cases that result in the death of another person are considered homicide. A person
would, for example, kill a person who is posing a threat to their life. In these kinds of cases,
other factors beyond the death of the person are considered in court when sentencing a
defendant.
The category that a killing falls under makes a world of difference in court and fighting a
murder conviction requires a strong defense and legal expertise. It could mean the
difference between extensive jail time, a criminal record, and many extraordinarily high fines
and penalties. [11]
Homicide The act of killing a human being. Unlawful homicide, which constitutes the
crime of murder, manslaughter, or infanticide, can only be committed if the victim is an
independent human being (see ABORTION), and the act itself causes the death (see
CAUSATION). A British citizen may be tried for homicide committed anywhere in the
world. Lawful homicide occurs when somebody — uses reasonable force in preventing
crime or arresting an offender, in selfdefence or defence of others, or (possibly) in
defence of his property, and causes death as a result. See also EXCUSABLE
HOMICIDE. [2-1] The definition of Homicide in English-English is very different from the
one we used in the Philippines. In the UK, homicide is a superclass of the words:
murder, manslaughter, infanticide, which are called Unlawful Homicide, but there is
also a term, the opposite of unlawful homicide, which is Lawful homicide, which is
defined as an act that resulted in the death of an attacker (the one killed), preceded by
selfdefence, or defence of others, and defence, also includes the defence of one's own
property. The homicide word, particularly in Philippine criminal law, is a punishable
offence containing elements therewith that separates it from other crimes such as
murder, parricide, and infanticide.
Parricide Article 246. Parricide. – Any person who shall kill his father, mother, or child,
whether legitimate or illegitimate, or any of his ascendants, or descendants, or his
spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion
perpetua to death. (Act 3815, Revised Penal Code) [12]
Infanticide Article 255. Infanticide. – The penalty provided for parricide in Article 246
and for murder in Article 248 shall be imposed upon any person who shall kill any child
less than three days of age. [13] The killing of a child under 12 months old by its mother.
If the mother can show that the balance of her mind was disturbed because of the
effects of the childbirth or lactation, she will be found guilty of infanticide, rather than
murder, and punished as though she was guilty of manslaughter. Most cases of
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Serial Murder The unlawful killing of two or more victims by the same offender(s),
in separate events. 22
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Arson Arson refers to the malicious burning of property by means of fire. [26] The
intentional or reckless destruction or damaging of property by fire without a lawful
excuse. [2-6]
Carjacking Taking a motor car from a person by force or threat of force. [2-7]
Pilferage the act of stealing things of small value. [27]
Robbey The stealing or attempt to steal property using threat or force. [25-1]
Shoplifting A euphemism for stealing from shops. Basically, shoplifting has occurred if
a person brought an item from a store with no intention of paying for it, and has exited
the store premises. [2-8]
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Criminal law
Characteristics of criminal law
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Generality means that the criminal law of the country governs all persons who lives or
sojourns in the Philippines (Article 14, NCC), subject to certain exceptions brought
about by international agreement. Ambassadors, chiefs of states and other diplomatic
officials are immune from the application of penal laws when they are in the country
where they are assigned (People vs. Galacgac, CA., 54 O.G. 1027). Acts performed
should be in official capacity and performance of his duty (G.R. No. 125865. January
28, 2000). [29] means that criminal laws oversees all persons living and temporarily
living inside the country with exceptions to international agreements.
Territoriality means that the penal laws of the country have force and effect only within
the National Territory of the Philippines, subject to certain exceptions brought about by
international agreements and practice. The territory of the country is not limited to the
land where its sovereignty resides but includes also its atmosphere, its interior waters
and maritime zone, including those outside of its jurisdiction as provided in Article 2,
paragraphs 1-5 of RPC. [29-1] means the penal laws of the country oversees only inside
its territory. Not excluding territorial air, and sea.
Prospectivity means the law acts or omissions will only be subject to a penal law if
they are committed after a penal law had already taken effect. Vice-versa, this act or
omission which has been committed before the effectivity of a penal law could not be
penalized by such penal law. Exception: (1) when new statute it is favorable to the
accused and (2) the accused is not a habitual delinquent (Article 22 of RPC). [29-2]
means that an act is not penalized if there is no law against it. The saying, "No crime
withuot law". The exception to the subjectivity of an act to the penal laws is (1) if the
new law is to the benefit of the accused, and (2) the accused is not a habitual
delinquent.
Criminal law reflects the society in which its constituents live and experience life. As far back
as ancient Mesopotamia, there were laws in place that governed society. The Code of
Hammurabi was written between 1755 and 1750 BC, and there were other forms of criminal
codes including an Indian penal code and even Egyptian laws.
These institutions strongly interacted with the civil liberties of their people. The legal norms
in these civilizations were often quite harsh. They believed in reciprocal justice: An eye for
an eye if you wronged someone or did not uphold the standard of conduct.
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As we progress away from ancient civilizations, it is important to note the shift to a more
religious and class-based penal code. Instead of the old eye for an eye policy, there were
different punishments for refusing to follow the legal codes.
Those punishments depended on what class you were in and what your role was in society
with lesser punishments for those higher in the societies.
It was around this time that religious influence started to factor into the fabric of legal
systems. It wasn’t dominated by any one particular religion and you can find plenty of
instances of both Christian and Islamic laws in the course of history.
We have made significant progress away from the harsh ways of early civilizations and have
been replaced by kinder and gentler legal systems. Around the Industrial Revolution and into
the mid-nineteenth century, there were rapid technical innovations in addition to the
modifications made in legal codes.
Today, our legal system is challenged by new issues such as drug abuse and cybercrime.
We place a great deal of emphasis on rehabilitation rather than retribution. This means that
we have a thorough system for incarceration, substance abuse treatment, and mental health
help to keep some offenders from repeating their crimes.
In other words, early police may have issued punishment immediately upon being called to
the scene of a crime. Now, we have a structured precedent for how crimes should be
handled and every person is entitled to due process under the law.
Classical
Founding Figures: Cesare Beccaria and Jeremy Bentham.
Key Ideas:
Emphasizes free will and rational choice; individuals choose to commit crimes
after weighing the costs and benefits.
Argues that punishment should be proportionate to the crime and aimed at
deterrence rather than revenge.
Advocates for a legal system that is clear, predictable, and fair to prevent crime
through rational deterrence.
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Main Focus: Legal structures, individual rights, and the importance of a social contract.
Neoclassical
Key Developments: Emerged in the late 19th and early 20th centuries as a response
to the classical school.
Key Ideas:
Retains the classical emphasis on free will but introduces considerations of
mitigating factors (e.g., mental illness, age, circumstances).
Recognizes that not all individuals have the same capacity for rational thought,
leading to a more nuanced understanding of criminal behavior.
Advocates for individualized justice and the consideration of context in sentencing.
Main Focus: Balancing free will with an understanding of individual circumstances.
Positivist
Founding Figures: Cesare Lombroso, Enrico Ferri, and Raffaele Garofalo.
Key Ideas:
Rejects the notion of free will, suggesting that criminal behavior is determined by
biological, psychological, and social factors.
Emphasizes empirical research and scientific methods to study crime and
criminals, often using data and statistics.
Focuses on identifying the causes of criminal behavior, such as genetics,
environment, and social influences, to inform prevention and rehabilitation
strategies.
Main Focus: The scientific study of crime and the belief in determinism.
[30]
References
#school-note
1. https://socialsci.libretexts.org/Under_Construction/Purgatory/JPP_207_Substantive_Criminal_Law/0
1%3A_Introduction_to_Criminal_Law/1.04%3A_Classification_of_Crimes ↩︎
2. A dictionary of law enforcement by Graham Gooch and Michael Williams.pdf ↩︎↩︎↩︎↩︎↩︎↩︎↩︎↩︎↩︎
3. https://www.google.com/search?client=firefox-b-d&q=extinctive+crime ↩︎
4. https://www.studocu.com/ph/document/st-thomas-more-school-of-law-and-
business/law/criminological-classification-of-crime-report/17760175 ↩︎↩︎↩︎↩︎↩︎↩︎↩︎↩︎↩︎↩︎
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5. https://www.intothelobe.com/post/what-is-serial-rape ↩︎↩︎
6. https://icasa.org/uploads/documents/Stats-and-Facts/aquaintancerape.pdf ↩︎
7. https://www.womenslaw.org/laws/tn/statutes/39-13-502-aggravated-rape ↩︎
8. https://www.law.cornell.edu/wex/date_rape ↩︎
9. https://dictionary.cambridge.org/us/dictionary/english/gang-rape ↩︎
10. https://www.womenslaw.org/about-abuse/forms-abuse/sexual-abuse-and-exploitation/sexual-assault-
rape/basic-info/what-statutory ↩︎
11. https://www.johntumeltylaw.com/blog/difference-between-murder-and-homicide/ ↩︎
12. https://legalresource.ph/parricide-a246-revised-penal-code/ ↩︎
13. https://legalresource.ph/infanticide-a255-revised-penal-code/ ↩︎
14. https://www.google.com/search?client=firefox-b-d&q=sororicide ↩︎
15. https://dictionary.cambridge.org/us/dictionary/english/fratricide ↩︎
16. https://dictionary.cambridge.org/us/dictionary/english/matricide ↩︎
17. https://dictionary.cambridge.org/us/dictionary/english/patricide ↩︎
18. https://dictionary.cambridge.org/us/dictionary/english/uxoricide?q=Uxoricide ↩︎
19. https://dictionary.cambridge.org/us/dictionary/english/regicide ↩︎
20. https://www.collinsdictionary.com/dictionary/english/vaticide ↩︎
21. https://dictionary.cambridge.org/us/dictionary/english/euthanasia ↩︎
22. https://www.google.com/search?client=firefox-b-d&q=serial+murder + https://www.fbi.gov/stats-
services/publications/serial-murder ↩︎
23. https://www.ojp.gov/ncjrs/virtual-library/abstracts/understanding-mass-murder-starting-point ↩︎
24. https://legalresource.ph/theft-a308-309-311-revised-penal-code/ ↩︎
25. https://quizlet.com/298019553/types-of-robbery-criminology-flash-cards/?isSignupSession ↩︎↩︎
26. https://legalresource.ph/arson-destructive-a320-rpc-simple-pd-1613/ ↩︎
27. https://dictionary.cambridge.org/us/dictionary/english/pilferage ↩︎
28. https://www.studocu.com/ph/document/saint-louis-college/bs-criminology/criminal-
behavior/47255810 ↩︎↩︎↩︎↩︎↩︎↩︎↩︎↩︎↩︎↩︎↩︎
29. https://lawschoolbuddy.info/what-are-the-characteristics-of-criminal-law/ ↩︎↩︎↩︎
30. https://www.quora.com/What-are-the-differences-between-classical-neoclassical-and-positivist-
schools-in-criminology ↩︎
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