INTRODUCTION TO CRIMINOLOGY REVIEW MATERIAl
INTRODUCTION TO CRIMINOLOGY REVIEW MATERIAl
REVIEW MATERIAL
In its narrowest sense, criminology is the study of
Criminology is a body of knowledge regarding crimes and criminal which is divided into three
delinquency and crime as a social phenomenon; it principal divisions:
includes within its scope, the making of laws, the
breaking of laws and the reactions toward the 1. Criminal Etiology- (Origin) deals with the
breaking of laws - Edwin Sutherland, American scientific study of the causes of crimes.
Criminologist and Author, Principles of (scientific analysis of the causation of
Criminology Book. crimes and the behavior of criminals)
2. Sociology of Laws- refers to the study of the
Criminology can also be defined as the scientific nature of criminal law and its administration.
study of causes of crimes in relation to man and It is an attempt at scientific analysis of the
society who set and define rules and regulations for conditions under which penal or criminal
himself and others to govern – Tardio, 1999. laws develop as a process of social control.
3. Penology- is the study of the control of
Criminology is a body of knowledge regarding crimes and the rehabilitation of the offender.
crimes, criminals and the efforts of society to prevent Concerned with control crime by repressing
and repress them – Atty. Gerardo V. Maglinao, criminal activities through the fear of
Author, Fundamentals of Criminology Book. punishment.
Criminology came from the Latin Word, “Crimen” NATURE OR CHARACTERISTICS OF
which literally means Accusation and from the Greek CRIMINOLOGY
Word, “Logia” which means To Study.
Generally, criminology cannot be considered a
HISTORY OF CRIMINOLOGY science because it has not yet acquired universal
18th Century – The development of this study is validity and acceptance. It is not stable, and it varies
known as the era of CLASSICAL Criminology. from one time and place to another. However,
People who violated social norms or religious considering that science is the systematic and
practices were believed to be witches or possessed by objective study of social phenomenon and other
demons. bodies of knowledge, criminology is a science in
itself when under the following nature
19th Century – Referred to as Modern Criminology
– during this era, criminology distinguished itself as a 1. Criminology is an applied science- as a
subspecialty within the emerging disciplines of body of knowledge has already established
psychology, sociology and economics. universally accepted principles and concepts
and these are used by other fields of the
20th Century – Independent Criminology –During study.
this period, criminology began to assert its 2. Criminology is a social science- it studies
independence from the traditional disciplines that crime as a social phenomenon. Crime is a
spawned it. Criminological theories have become social problem which has a great impact to
more multidisciplinary because independent society.
criminologists seek to understand crime itself rather 3. Criminology is dynamic- able to change; to
than the study crime as one aspect of an overall adapt changing times.
sociological or psychological theory. 4. Criminology is nationalistic- takes into
consideration, the history, culture, social
The term Criminology was coined in 1885 by Italian
norms and laws of the country.
Law Professor Raffaele Garofalo as Criminologia.
5. It is Culture – bound – it is studied in
In 1889, French Anthropologist Paul Topinard used relation to the culture of society it is applied
it for the first time in French “CRIMINOLOGIE” 6. It is not a PURE Science
It has not acquired universal validity and
acceptance
It is not stable and it varies from one time CRIMINOLOGICAL ENTERPRISE
and place to another.
CRIMINAL STATISTICS – measuring the amount
and trends of criminal activity
7. In Crime Detection – it uses the following SOCIOLOGY OF LAW - concerned with the role
instruments that social forces play in shaping criminal law and
a) Chemistry concomitantly, the role of criminal law in shaping
b) Medicine society.
c) Physics
d) Ballistics THEORY OF CONSTRUCTION – conforms to
e) Polygraphy accept social rules of behavior
f) Legal Medicine PENOLOGY – involves the correction and control
g) Questioned Document Examination of known offenders
h) Dactyloscopy
CRIMINAL BEHAVIOR SYSTEM – Involves
research on the links between different types of
SCOPE OF THE STUDY OF CRIMINOLOGY crimes and criminals. This is known as CRIME
TYPOLOGY
1. Study of the Origin and Development of
Criminal Law- one cannot study crimes Crime typology is also known as criminal typology. It
without having to study criminal law is a means of developing general summary
because it is which makes an act a crime in statements based on the observation of a
the first place. homogenized group of criminals. In criminal
2. Study of the Causes of Crimes and typology, criminals are categorized based on their
Development of Criminals- it studies the age, sex, current offense, personality type, and social
etiology or causes of crimes, multiple factors class.
that increase/decrease the possibility of
HOW DO WE VIEW CRIME?
crimes and how these factors affect the
individuals and cause them to commit The three most common concepts of crime used by
crimes. criminologists according to Siegel (2016) are:
3. Study of the other sciences that examine
criminal behavior using scientific 1) The CONCENSUS VIEW – the belief that the
methods such as: majority of citizens in society share common
a) Criminal Demography- study of the values and agree on what behaviors should be
relationship between criminality and defined as criminal
population. It views crime are behaviors believed to be
b) Criminal Epidemiology- study of the repugnant to all elements of society.
relationship between environment and 2) The CONFLICT VIEW – crime is controlled
criminality. by those who possess power, wealth and
c) Criminal Ecology- study of criminality in position.
relation to the spatial distribution in a Crime is shape by the values of the ruling
community. class and not by an objective of moral
d) Criminal Physical Anthropology- study of consensus that reflects the need of the
criminality in relation to physical people.
3) The INTERACTIONIST VIEW – crimes are
constitution of men.
illegal because society defines them that way.
e) Criminal Psychology- study of human
People, institutions and events are viewed
behavior in relation to criminality.
subjectively and labelled either good or evil
f) Criminal Psychiatry- study of human mind
according to the interpretations of the evaluator.
in relation to community.
g) Victimology- study of victim’s role in the
commission of a crime.
Develop a systematic understanding of why
people commit crime
SCHOOLS OF THOUGHT IN CRIMINOLOGY He believes that all human beings are
Is a term that refers to a group of beliefs or ideas that rational beings and that they possess free-
support a specific theory. Theory is a set of will
statements devised to explain behavior, events or Made an important observation regarding
phenomenon, especially one that has been repeatedly the application of punishments; that it must
tested and widely accepted. be severe, swift and certain.
Demonological Theory or Demonology And for his contributions in the field of criminology,
he is credited as being one of the founders of
Crimes are believed to be caused by the devil or other classical criminology.
supernatural explanations. People believed that a
person who violated the social norms and religious The heritage left by the classical school is still
beliefs was possessed by an evil spirit it caused the operative today in the following five principles, each
person to engage in criminal behavior. of which is a fundamental constituent of modern –
day perspective on crime and human behavior
CLASSICAL SCHOOL OF CRIMINOLOGY
The Principle of Rationality – human
This school of thought is based on the assumption beings have freewill and the actions they
that individuals choose to commit crimes after undertake are the result of their choice.
weighing the consequences of their actions. The Principle of Hedonism – Pleasure and
According to Classical Criminologists, individuals pain, or reward and punishment, are the
have free will. They can choose legal or illegal major determinants of choice.
means to get what they want; fear of punishment can The Principle of Punishment – criminal
deter them from committing crime and society can punishment is a deterrent to unlawful
control behavior by making the pain of punishment behavior, and deterrence is the best
greater than the pleasure of the criminal gains. justification for punishment
The Human Rights Principle – Individuals
A school of thought which states that criminals cooperating together make society possible.
should be punished because they deserve it. Hence, society owes to its citizen respect for
The founders of the Classical School of Criminology their rights in the face of government action.
are CESARE BECCARIA and JEREMY The Human Rights Principle – Individuals
BENTHAM. cooperating together make society possible.
Hence, society owes to its citizen respect for
their rights in the face of government action.
The Due Process Principle – An accused
CESARE BECCARIA (1738-1794)
should be presumed innocent until proven
Best known for his treatise, On Crimes and otherwise, and an accused should not be
Punishment, published in 1764. The book presented a subject to punishment prior to quilt being
coherent and comprehensive design for an lawfully established.
enlightened criminal justice system that was to serve
JEREMY BENTHAM (1784-1832)
the people. It contains almost all modern penal
reforms but its greatest contribution was the Contribution to Classical School of
foundation it laid for subsequent changes in criminal Criminology is the concept of Utilitarianism
legislation. His treatise was so influential that it and the Felicific Calculus. Utilitarianism is
became the basis of the reforms in criminal justice a philosophy which argues that what is right
and penology not only in Italy but in other parts of is the one that would cause the greatest
Europe as well such as in France and Russia. Also, it good for the number of people. Others refer
influenced the first ten amendments to the US to it as the greatest happiness principle or
Constitution. the principle of utility. Bentham based
His ideas for social and legal reforms to this
philosophy. According to him, legislators
should enact laws that benefit the greatest JUST DESERT – the notion that criminal offenders
number of people and punishment which deserve the punishment they receive at the hands of
measure the pleasures and pains. the law and that punishment should be appropriate to
“Felicific Calculus or the Pleasure and the type and severity of crimes similar to the one for
Pain Principle”, Theory that proposes that which a particular offender is being sentence.
individuals calculate the consequences of his GENERAL DETERRENCE – a goal of criminal
actions by weighing the gain or pleasure and sentencing, seeks to prevent others from committing
the suffering or pain he would derive from crimes similar to the one for which a particular
doing the action. Applying the principle to offender is being sentence.
criminality, it explains that an individual
will commit the crime if the pleasure or POSITIVIST SCHOOL OF CRIMINOLOGY
benefit he would derive from its greater than
Positivism refers to a perspective that believes causes
the punishment he would suffer when
of behavior can be measured and observed.
caught.
Significant advances in knowledge of both the
NEOCLASSICAL CRIMINOLOGY physical and social world influenced thinking about
crime. These advances in knowledge changed the
Is a modification of the freewill doctrine by stating study of crimes and criminals into a scientific
that certain factors affect the freewill of men and they approach.
may either reduce or totally remove accountability on
the part of the person who committed the crime. Positivism – the branch of social science that uses
Some of these factors are incompetence due to the scientific method of the natural and suggests that
insanity or other forms of mental disorders and human behavior is a product of social, biological,
abnormalities, physical illnesses and immaturity due psychological or economic forces that can be
to tender age or minority. All these factors make it empirically measured
impossible for the individual to exercise free will
THE HOLY THREE OF CRIMINOLOGY
completely.
CESARE LOMBROSO (1835-1909)
There are two Neo – Classical School of Thought
existing today Recognized as the Father of Modern Criminology,
due to his application of modern scientific methods to
Neo – classical school continues to build
trace criminal behavior. He is known for the concept
upon ideas inherent in the notion of a social
of atavistic stigmata, the physical features of
contract and places an emphasis on
creatures at an earlier stage of development.
individual rights and due process
Takes the form of three ideas that extend Recognized as the Father of Modern Criminology,
well beyond the calculus of determinate due to his application of modern scientific methods to
sentencing. trace criminal behavior. He is known for the concept
Criminal behavior is the result of free of atavistic stigmata, the physical features of
choice creatures at an earlier stage of development.
Criminal behavior is rewarding and crime
holds a number of attractions, from ATAVISM – is an idea that criminal is evolutionary
sensuality to momentary gain to fame. throwback to an earlier form of life and that they
Criminal punishment is necessary for have identified physical stigmata.
deterrence
-devised classification of criminals which consists of
JUST DESERT – the notion that criminal offenders
Five types or classes
deserve the punishment they receive at the hands of
the law and that punishment should be appropriate to Born Criminal- carries from birth through
the type and severity of crimes similar to the one for unfortunate heredity from his progenitor
which a particular offender is being sentence. (Biological Positivism)
Insane Criminal- affected by clinically
identified mental disease, trauma,
neuropsychiatric condition, which groups Types of criminals by Garofalo
him with the mentally diseased. Extreme Criminal – are those criminals
Criminal by Passion – commit crime due to who commit violent acts who shows a lack
outburst of emotion of pity
Criminoloid - one who commits crime Impulsive Criminal – alcoholics and the
because of lack of self – control insane
Pseudo Criminals – committing crime Professional Criminal – normal individuals
because of self – defense who choose to commit crime and require
ENRICO FERRI (1856-1929) elimination by life imprisonment or
transportation to a penal colony
Focused his study on the influences of Endemic Criminal – those who commit
psychological and social factors such as crimes peculiar to a given region.
economics on crimes.
He believed that criminals should not be SUMMARY
held morally responsible for their crimes There are three schools of thought in criminology
because they did not choose to commit it,
but rather they were driven to commit them Classical criminology (school) anchored in the
by conditions of their lives. doctrine of free will and hedonism and advocated
He believed also that the most common by Cesare Beccaria and Jeremy Bentham -
characteristics of criminals were moral Retributive Approach.
insensibility combined with low intelligence. Neo – Classical criminology (school) states that
children and lunatics should be exempted from
- devised his own classification of criminals which punishment
consists of School of thought in criminology, which
Five types or classes: states that a modification of the freewill
doctrine by stating that certain factors affect
Born Criminal- has a congenital the free will of men and they may either
predisposition for crime. reduce or totally remove accountability on
Insane Criminal- suffering from some the part of the person who committed the
clinical form of mental alienation. crime.
Habitual Criminal- one who has acquired Positivist criminology (school) – anchored in
the habit of crime. the doctrine of determinism, and advocated by
Occasional Criminal- one who commits Cesare Lombroso, Raffaele Garofalo and Enrico
very insignificant criminal acts. Ferri. - A school of thought having a purpose of
Passionate Criminal - commit crime due to rehabilitation and reformation of offenders -
outburst of emotion rehabilitative approach
Coined the word criminology from Italian word, AUGUST COMTE (1798-1857)
Criminologia. He used it as title of his book which
was published in 1885. Like Ferri, he was a follower Reinvented the French Term Sociologie. He was one
of Lombroso in the sense that he also rejected the of the first to use scientific methods in studying
doctrine of the classical school of criminology. He sociology and he had written several influential
also believed that crimes should be studied using books on philosophy and sociology. For his works
scientific methods. and contribution, he is recognized as the Father of
Sociology and Positivism.
He explained that criminal behavior, not to physical
features, but to their psychological equivalents that
he called “MORAL ANOMALIES”
RICHARD DUGDALE - He studied the lives of the
members of the JUKES FAMILY and referred to
Additional Prominent Persons and terms to ADA JUKES as the MOTHER OF CRIMINALS.
remember:
Altruism – refers to the tendency to be empathetic
Gabriel Tarde – A French lawyer and sociologist. and self – sacrificing towards others.
He emphasized that social factors were sufficient to
explain why crime varied overtime within each Social Contract - A society is a “structured
society. Tarde contented that some people learn to community of people” (Encarta, 2009), bound
engage in crime much as other people learn together by similar traditions, institutions, or
legitimate occupations and social customs. nationality. Its components are people, jurisdictions,
and law.
His Major Theories
CRIMES AND CRIMINALITY
Criminal behavior is largely learned from
what he called LAWS OF IMITATIONS. Generic Term which refers to all acts that violate the
This is meant that people imitate others with law; act committed or omitted in violation of a public
whom they have frequent contact essentially law; forbidding or commanding it; Act committed
that same way people copy. refers to a crime or omission.
Viewed the professional criminals
(murderer, pickpocket and swindlers) as an Classification of Crimes
individual who goes through a long period Legal Classification of Crimes -It is an act omitted
of apprenticeship in much the same way as a or committed in violation of a public law forbidding
lawyer, physician or nurse. or commanding it.
AUGUST COMTE - French Philosopher, rejected It is an intentional act or omission in violation of
the free will position of the classical school in favor criminal law committed
of DETERMINISM, that is the position that all without defense or
phenomena are susceptible to scientific experience. justification and
He proposed that human intellectual history Sanctioned by law as felony or
could be described in terms of three stages: misdemeanors
The first stage was a long period of time Act – means bodily movement tending to produce
during which is nearly all explanations for some effect in the external world.
human existence were rooted in superstition
and religion NOTE: the act must be one that is defined by law as
The second stage “Rational understanding” constituting a crime or an external act that has direct
in which logical reasoning and intuition of connection with the crime intended to be committed.
life
The Third stage, which Comte called the Omission – means inaction, the failure to perform a
Positivist Stage – understanding came positive duty that one is bound to do so. There must
primarily from applying the scientific be a law requiring the doing or performance.
method. Criminological Classifications - It is an act
ADOLPHE QUETELET – Social scientist to use which a group regards as menacing, sufficiently
objective mathematical techniques to investigate the the fundamental interest of a group in order to
influence of social factors, such as season, sex, justify the formal reaction of restraining the
population and age. violator.
ANDRE – MITCHEL GUERRY – he was the first Before an act can be defined as crime, it must have
person known to objectively test the hypothesis that any of the following general characteristics:
crime was most prevalent among poor and If there is a certain external consequence.
uneducated. The harm must be forbidden and prescribed
under the law.
There must be a conduct, action that results to
harmful consequence.
Mens Rea 3.} According to the Stage in the Commission /
There must be a concurrence of Mens Rea and The Three Stages of acts of execution
conduct. Consummated- when all the elements necessary for
Causation requirement its execution and accomplishment are present.
There is a legally prescribed punishment.
Frustrated- when the offender has performed all the
acts of execution which will produce the felony as a
Triangle of Crime/Elements of Crime consequence but which nevertheless do not produce
it, by reason of causes independent of the will of the
Desire / Intent/ Motive- refers to the wanting of perpetrator.
a person to commit the crime.
Ability - refers to the capability or means of Attempted- when the offender commences the
offender to commit the crime. commission of a crime directly by overt acts and does
Opportunity- refers to the possibility for crime not perform all the acts of execution which should
to be committed. produce the felony by reason of some cause or
accident other than his own spontaneous desistance.
LEGAL CLASSIFICATION OF CRIMES
4.} According to Plurality-
1.} According to Law Violated- Crimes are sub-
classified according to the law violated. Simple Crime is a single act constituting only
one offense
Violation of the Revised Penal Code (RPC) is Complex Crime is a single act constituting two
called a Felony. When the law violated is a Special or more grave felonies.
Penal Law it is called an Offense. An Infraction is a
violation of a city or municipal Ordinance. 5.} According to Gravity-
2.} According to the Manner of Committing the Grave Felonies are those to which the law
Crime- Felony is an act or omission punishable by attaches the capital punishment or afflictive
law which is committed by means of: penalties.
Less Grave Felonies - are those to which the
Dolo (Deceit) or Culpa (Fault) is punishable under law punishes with penalties that in their
the Revised Penal Code. maximum period was CORRECTIONAL
Light Felonies – those infractions of law for the
Felonies committed by means of Dolo are called commission of which the penalty is ARRESTO
Intentional Felonies, while those committed by MAYOR
means of Culpa are called Culpable Felonies.
6.} According to the Nature of the Act
Intentional Felonies are performed with deliberate
intent or malice; Elements are: Crimes Mala in Se- are acts that are inherently
or naturally bad or evil, such as killing another
freedom or voluntariness, person or taking something that does not belong
intelligence and to you.
intent while Crimes Mala Prohibita- is acts that are
Culpable Felonies are acts that were done not prohibited only because there are law forbidding
maliciously and the injury caused by the offender is such acts.
unintentional, it being simply the incident of another
Criminological Classifications of Crimes
act performed without malice; Elements are:
1.} According to the Result of the Crime
imprudence,
negligence, Acquisitive Crimes- Offender gained
lack of foresight and something, material or otherwise, by committing
lack of skill.
the crime Robbery or Theft; Offender is able to wrongful act in the course of the standard judicial
gain something, the object he stole. process.
Destructive Crimes- Crime resulted in
destruction, damage or even death; e.g. arson, Criminological Perspective- a person is already
damage to property, physical injuries, murder considered a criminal the moment he committed a
and homicide. crime.