Criminology Research

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Criminology Research

Criminology Research
Compiled by: Aaron Wells Agagon Lucero

1. Criminological Classification of Crimes


1. According to the Result of Crime
2. According to the time or period of the commission of crime
3. According to the length of time of the commission of crime
4. According to the place or location of crime
5. According to the use of mental faculties
6. According to the type of offender
2. Other terms referring to crimes
1. Crime of rape
2. Crime of killing
3. Crimes against property
3. General classification of criminals
1. On the basis of etiology
2. On the basis of behavioral system
3. On the basis of activities
4. Criminal law
1. Characteristics of criminal law
2. Evolution of criminal law
5. Schools of thought in criminology
1. Classical
2. Neoclassical
3. Positivist
6. References

Criminological Classification of Crimes


Crimes can be classified in many ways. Crimes also can be grouped by subject matter. For
example, a crime like assault, battery, or rape tends to injure another person’s body, so it
can be classified as a “crime against the person.” If a crime tends to injure a person by
depriving him or her of property or by damaging property, it can be classified as a “crime
against property.” These classifications are basically for convenience and are not imperative
to the study of criminal law.
More important and substantive is the classification of crimes according to the severity of
punishment. This is called grading. Crimes are generally graded into four categories:
felonies, misdemeanors, felony-misdemeanors, and infractions. Often the criminal intent
element affects a crime’s grading. Malum in se crimes, murder, for example, are evil in their
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nature and are generally graded higher than malum prohibitum crimes, which are regulatory,
like a failure to pay income taxes. [1]

According to the Result of Crime


acquisitive offence A criminal offence, such as theft, aimed at acquiring property for
the offender. Studies show the incidence ofthis type of offence increases in times of
economic downturn. A criminal offence resulting [2]
extinctive or destructive offence An offence that results to destruction, damage. For
example: murder (destruction of life). From the word "extinct". Possibly "extinctive" as
an action here denotes that [3]

According to the time or period of the commission of crime


seasonal offence Are those are committed only at certain period of the year. [4]
situational offence Are those that are committed only when given a situation
conductive to its commission. [4-1]

According to the length of time of the commission of crime


instant crime Are those are committed the shortest possible time. [4-2]
episodic crime Are serial crimes, they are committed by series of act within a lengthy
space of time. [4-3]

According to the place or location of crime


static crime Are crimes that are committed only in one place. [4-4]
continuing crime Are crimes that are committed in several places. [4-5]

According to the use of mental faculties


rational crime Are those Committed with intent; offender is in full possession of his
mental faculties/capabilities. [4-6]
irrational crime Are committed without intent; offender does not know the nature of his
act. [4-7]

According to the type of offender


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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]

Other terms referring to crimes


Crime of rape
Rape is the penetration, no matter how slight, of the vagina or anus with any body part
or object, or oral penetration by a sex organ of another person, without the consent of
the victim. [5]
acquaintance rape Acquaintance Rape is a sex crime committed by someone who
knows the victim. It could be a friend, classmate, relative, co-worker. As a sex crime,
acquaintance rape includes forced, manipulated or coerced sexual contact. [6]
aggravated rape is unlawful sexual penetration of a victim by the defendant or the
defendant by a victim accompanied by any of the following circumstances:
(1) Force or coercion is used to accomplish the act and the defendant is armed
with a weapon or any article used or fashioned in a manner to lead the victim
reasonably to believe it to be a weapon;
(2) The defendant causes bodily injury to the victim;
(3) The defendant is aided or abetted by one (1) or more other persons; and
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the victim is:
(i) Mentally defective;
(ii) Mentally incapacitated;
(iii) Physically helpless; or
(iv) A vulnerable adult, as defined in § 39-15-501, with an intellectual
disability.
(4) The defendant knows that the defendant is infected with HIV. As used in this
subdivision (a)(4), “HIV” means the human immunodeficiency virus or any other
identified causative agent of acquired immunodeficiency syndrome. [7]
date rape is when someone is forced or coerced to have sexual intercourse with
someone else who is considered to be an acquaintance, during or after a voluntary
social engagement. This especially refers to a non-consensual sexual activity in which
there has been some sort of romantic or potentially sexual relationship between two
parties. [8]
gang rape an occasion when a group of people use violence or threatening behavior to
force someone to have sex with all of them. [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.

The meaning of the -cide suffix

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The Difference Between Murder and Homicide

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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infanticide are dealt with by probation or discharge. See also DIMINISHED


RESPONSIBILITY. [2-2]
Sororicide the act of killing one's sister. [14]
Fratricide the crime of murdering your brother, or killing members of your own group or
country. [15]
Matricide a crime in which a person kills their mother. [16]
Patricide the crime of killing your own father. [17]
Uxoricide the crime of murdering your wife. [18]
Eldercide elder + cide. The killing of elders.
Abortion The termination of a pregnancy: a miscarriage or the premature expulsion of
a foetus from the womb before the normal period of gestation is complete. [2-3]
Suicide The act of killing oneself intentionally. [2-4]
Regicide a person who kills a king, or the act of killing a king. [19]
Vaticide the murder of a prophet. a person guilty of this. [20]
Euthanasia the act of killing someone who is very ill or very old so that they do not
suffer any more. mercy killing. [21]
Murder is the unlawful killing of another person. In English law, Murder is defined as
Unlawful Homicide, but since we are Filipinos, we have a different meaning for that
word in our laws. The striking charasteristic of the murder law in the Philippines is that it
must be treacherous, and other elements.
Serial Murder The unlawful killing of two or more victims by the same offender(s), in
separate events. [22]
Mass Murder Mass murder is the killing of a number of persons at one time and in one
place. [23] As opposed to

Serial Murder The unlawful killing of two or more victims by the same offender(s),
in separate events. 22

which is a series of killings in separate events.

Crimes against property


Theft – is the offense of taking another’s personal property without violence against or
intimidation of persons nor force upon things. [24] Dishonestly appropriating property
belonging to another with the intention of permanently depriving the other of it. [2-5]

Acquaintance robbery robbery of a person whom the robber knows. [25]

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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]

General classification of criminals

On the basis of etiology


acute criminals person who violate criminal law because of the impulse of the
moment, fit of passion or anger or spell of extreme jealousy. The person committed the

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crime as a result of reacting to situation like during a moment of anger. [28]


chronic criminals person who acted in consonance with deliberate thinking, such as:
[28-1]

neurotic criminals person whose action arises from intra-psychic conflict


between the social and anti-social components of his personality. The individual is
suffering from mental disorder. [28-2]
normal criminals person whose psychic organization resembles that of normal
individuals except that he identified himself with criminal prototype. He looks up to
people who are criminals. [28-3]

On the basis of behavioral system


ordinary criminals the lowest form of criminal career, they engage only on
conventional crimes which require limited skill and they lack organization to avoid arrest
and convictions. [28-4]
organized criminals these criminal has a high degree of organization to enable them
to commit crimes without being detected and committed to specialized activities which
can be operated in large scale business such as racketeering, control of gambling,
prostitution and distribution of prohibited drugs. [28-5]
professional criminals they are highly skilled and able to obtain considerable amount
of money without being detected because of organization and contract with other
professional criminals. These offenders are always able to escape conviction. They
specialize in the crime which requires skill games, pick-pocketing, shoplifting sneak
thievery counterfeiting and others. [28-6]

On the basis of activities


accidental criminals those who commit criminal acts as a result of unanticipated
circumstances. [28-7]
habitual criminals those who continue to commit criminal acts for such diverse reason
due to deficiency of intelligence and lack of self-control. [28-8]
situational criminals those who are actually not criminals but constantly in trouble with
legal authorities because they commit robberies, larcenies, and embezzlement which
are intermixed with legitimate economic activities. [28-9]
Professional criminal – those who earn their living through criminal’s activities. [28-10]

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.

Evolution of criminal law


Evolution of criminal law or evolution of law in general, meaning all countries, means
the comparing of laws from ancient times, up to the present day.
Ancient Civilizations and the Criminal Justice System

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.

Medieval Penal Codes

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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.

Our Modern Legal System and Its Challenges

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.

Schools of thought in criminology


The classical, neoclassical, and positivist schools of criminology represent distinct
theoretical frameworks that explain criminal behavior and the justice system. Here’s a
breakdown of each:

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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