INTRODUCTION OF CRIMINOLOGY AND PSYCHOLOGY OF CRIMES
Chapter 1
Overview of Criminology
What is Criminology?
According to Edwin Sutherland
Is a body of knowledge regarding crimes as a social phenomenon, it includes within its scope, the process of making laws, of breaking laws and of reacting towards the breaking of laws .
According to Tradio (1999),
Criminology can also be defined as the scientific study of causes of crimes in relation to man and society who set and define rules and regulation for himself and others to govern.
According to Bartol
Criminology is a multidisciplinary study of crimes.
Etymology of the word criminology
The term criminology came from the Latin word, Crimen, which literally means accusation, and from the Greek word, logia, which means to study. The term criminology was coined in 1885 by Italian law professor Raffaele Garofalo as “Criminologia” and french antrhopologis used the analogous French term Criminology
In 1887, Paul Topinard, a French anthropologist, used the term “criminologie”.
Brief History of Criminology
The scientific study of crime and criminality is a relatively recent development. Although written criminal codes have existed thousands of years, these were restricted to defining crime and setting punishments. What motivated people to violate the law remained a matter of conjecture.
Criminology- explains the etiology (origin) of crime, extent, and nature of crime in society.
Criminal Justice- study of agencies of social control that handle criminal offenders. They seek more effective methods of crime control and offender rehabilitation.
During the Middle Ages (1200- 1600), superstition and fear of satanic possession dominated thinking. People who violated social norms or religious practices were believed to be witches or possessed by demons. The prescribed method for dealing with the possessed was burning at the stake, a practice that survived into the 17th century. It was also commonly believed that some families produced offspring who were unsound and that social misfits were inherently damaged by reason of their “inferior blood”. It was common practice to use cruel tortures to extract confessions, and those convicted of violent or theft crimes suffered extremely harsh penalties including whipping, branding, banishment, maiming and execution.
In the 19th Century - Cesare Lombroso an Italian Criminologist, Physician and founder of the Italian School of Positivist Criminology advocated the theory that crime can be attributed to heredity predisposition. According to Lombroso, a criminal person by birth is a distinct type. It can be recognized through his own personal stigmata or anomalies
Latter part of 19th Century
Criminology was accepted as field of study by the department of sociology in the U.S.
1915 – environmental factors became popular as the causes of crime.
>>>>>CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES<<<<<
Philippines
Plaridel Educational Institution (now PCCr) was established by Manila Major Police Eliseo Vibar, Dr. Pedro R. Solis (NBI), Supreme Court Associate Justice Felix Bautista Angelo in 1950.
Early 1960 – University of Manila, Abad Santos College, University of the Visayas, University of Mindanao, University of Baguio offered a Criminology Course.
University of the Visayas (UV) – first offered criminology course in Cebu
University of Negros Recoletos (UNOR) - first offered criminology education in Western Visaya.
Jan. 13-15, 1983 – Philippine Educators association for Criminology Education (PEACE) was organized and founded by Cirilo M. Tradio during the National Conference of criminology Deans and school heads and president at UNOR
R.A. 6506 “AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGIST IN THE PHILIPPINES AND FOR OTHER PURPOSES” – the law that creates the Board of Criminology in the Philippines in July 1, 1972.
Principal Division of Criminology
Criminal Etiology (origin) deals with the scientific study of the causes of crimes, it tries to find explanation as to what cause a criminal behavior in an individual and determine the different factors that contribute to crime causation.
Sociology of Law refer to the study of the nature of criminal law and its administration it is the scientific analysis of the condition under which criminal law develop as a process of social control.
Penology is the study of control of the crime and rehabilitation of offenders. It is the branch of criminology which deals with the treatment, management and administration of inmates.
Goals of Criminology
To identify the cause or nature of criminal behavior whether personal or social.
To formulate and develop valid principles towards prevention and control of crime.
To establish a set of regulations for the rehabilitation of the offender.
Nature of Criminology… Science or Art??
Science – from the Latin word scientia meaning knowledge. It refers to any systematic knowledge or practice.
Art – refers to the use of skill and imagination in the creation of aesthetic objects, environment or experiences.
Nature of Criminology
It is applied science. (instrumentation)
It is a social science. (crime exists in a society)
It is dynamic. (continuously improving)
It is nationalistic. ( through the adoption of existing penal laws in a specific country or territory)
Generally, it is not an absolute science because its principles have not yet acquired universal validity and acceptance. However, it is a science in itself when under the following nature:
1. Applied Science – in the study of the causes of crimes, anthropology, psychology, sociology and other natural sciences may be applied. While in crime detection, chemistry, medicine physics and other applied sciences such as forensic ballistics, forensic photography, polygraphy, legal medicine, questioned document examination and fingerprint identification may be applied. (This is well-known as Instrumentation)
2. Social Science – Crime is a social creation that exist in a society being a social phenomenon.
3. Dynamic – Criminology changes as social condition changes. It is concomitant with the advancement of other sciences that have been applied to it.
4. Nationalistic – The study of crimes must be in relation with the existing criminal law within a territory or country. The question as to whether an act is a crime is dependent on the criminal law of the state. It follows therefore that the causes of crime must be determined from its social needs and standard.
Scope of the study of criminology
1. Study of the origin and development of criminal law and its use to define crime.
-one cannot study crimes without having to study criminal law because it is criminal law which makes an act a crime in the first place. An act to be considered a crimes must have a law defining it as prohibited, and therefore illegal. In the absence of criminal law there will be no crimes.
2. Study of the causes of the crime and development of criminals
- criminology by simple definition is the study of crimes and criminals. It study the etiology of crimes, or the causes of the crimes, the multiple factors that increase and decrease the possibility of commission of crimes and how these factors affect individual and cause them to commit crime.
3. study of different factors that enhances the development of criminal behaviour such as:
criminal etiology - the study of the primary reasons for the crime commission.
criminal demography – the study of the relationship between criminality and population
criminal epidiomology – the study of the relationship between environment and criminality
criminal ecology – the study of criminality in relation to the spatial distribution in a community
criminal physical anthropology – the study of criminality in relation to physical constitution of men
criminal psychology – the study of human behavior in relation to criminality
criminal psychiatry – the study of human mind in relation to criminality
victimology – the study of the role of the victim in the commission of a crime
Causes of Crime According to Early Theologians
St. Augustine – He expressed the early church’s position on crime.
The church thought of an individual as a God. When one surrendered to the evil, the result is often crime. Early theologians located the cause of crime in the relationship between the humankind and the evil.
St. Thomas Aquinas – He stated that people by nature tried to perform good acts. Sin or crime took place when their power to reason failed.
Theories of Crime Causation
Subjective Approach - Deals with the biological explanation of crimes, focused on the forms of abnormalities that exist in an individual before and after the commission of crime.
Objective Approach – Deals with the study of groups, social processes and institutions as influenced to behavior.
Contemporary Approach – It is the combination of different approaches to explain the reasons or causes for the commission of crimes which focuses on the psychoanalytical, psychiatric and sociological theories.
Subjective Approaches
Anthropological – deals with the study of physical characteristics of an individual offender with non – offenders in an attempt to discover differences covering criminal behavior.
Medical Approach – Application of medical examination for the explanation of mental and physical condition of the individual prior and after the commission of the crime.
Biological Approach – according to Taft, heredity is one major factor why a person commits crime
Physiological Needs – Maslow explained that the deprivation of the primary needs is a strong factor in the commission of crime
Psychological - Concerned in the deprivation of psychological needs of man which constitute the development of deviations of normal behavior resulting to repulsive sentiment and action
Psychiatric – this approach explains that mental disease is the reason why a person violates norms and laws of the land
Psychoanalytical – According to Freud, the imbalance condition of Id, Ego and Superego causes deviation of the individual to the norms of society
Objective Approaches
Geographical Approach – Considers topography, natural resources, Geographical location, and climate lead an individual to commit crime. Founder Quetelet, “Thermic Law of Delinquency”, crimes against person prevail in the South Pole and during warm season while crimes against property predominate in the north pole and cold countries.
Ecological Approach – according to Park, this is concerned with the biotic grouping of men resulting to migration, competition, social discrimination, division of labor and social conflict as factors to crime.
Economic Approach – Merton believed that poverty or economic difficulty pushes a person to commit crime in order to support his needs.
Socio-Cultural – Cohen affirms that institutions, education, politics and religion are major factors in the commission of crimes.
Early Beginnings
Demonological Theory – It asserts that a person commits wrongful acts due to the fact that he was possessed by demons.
Pre 20th Century (1738-1798)
World of criminology has been divided into three broad schools:
Classical
Neo-Classical
Positivist
Development of Criminology
The study of criminology began in Italy, Europe with the writings and ideologies of Cesare Beccaria and Jeremy Bentham, both influential figures in their respective fields. The writings on the legal system during their times were the foundation of what is so called the Classical school of thought in criminology.
Several Decade later, a new school of thought was brought to life, with the ideas, methods totally different from that the classical criminology. This was the positivist school of thought in criminology. This open doors from different scientific approaches in the study of crimes and criminals which gave birth to biological, psychological and sociological determinism. It was through this school of thought that Cesare Lombroso came to known as the “Father of Modern Criminology”
Neo-Classical School of Thought
This school argued that situations or circumstances that make it impossible to exercise freewill are reasons to exempt the offender from conviction.
The Classicists believed in the absolute free will of men to choose between pleasure and pain. The person is always totally responsible for the consequences of his acts. On the other hand, the Neo-Classicists argued that it is not always, since the free will of a person in not absolute.
>>>>>Crime Scene Investigation<<<<<
Chapter 2
Criminal Law
is the branch of public (municipal) substantive law which defines crimes, treats of their nature and provides for their punishment.
SOURCES OF CRIMINAL LAW
1. Act 3815 known as the Revised Penal Code
2. Special Penal Laws passed by Congress
3. Presidential Decrees issued by President Marcos
RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANY VESSEL WHILE WITHIN PHILIPPINE WATERS:
English Rule- the crime is punishable in the Philippines, unless the crime merely affects things within the vessel.
French Rule- the crime is not triable in the courts of that country, unless their commission has effects on the safety of the coastal state.
Legal Maxims
“Nullum crimen nulla poena sine lege” – meaning there is no crime when there is no law punishing such act.
“Actus me invitus factus non est meus actus” -- “An act done by me against my will is not my act”
While ignorance of the law excuses no one (ignorantia lege neminem excusat), a mistake of fact excuses the actor from liability (ignoranti facti excusat).
SOURCES OF CRIMINAL LAW:
Act 3815 otherwise known as “The Revised Penal Code”.
Special Laws which are Penal in nature (Special Penal Laws)
City, Municipal, Provincial Ordinances
ACT NO. 3815 -- AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS (Approved :December 8, 1930, took effect, January 1, 1932)
Early codes
1. Code of Hammurabi
Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first codifier of laws. It is believed that it was during his reign that the code was created thus, it was named after him. This code, which was curved in stone, provided the first comprehensive view of the laws during his time. The provisions of the code were premised on the law of talion, or the principle of “an eye for an eye, a tooth for a tooth”, under this principle of the law of talion, the punishment should be the same as the harm inflicted on the victim
5 Sections of Code of Hammurabi
A penal or code of laws
A manual of instruction for judges, police officers and witnesses
A handbook of rights and duties of husbands, wives and children
A set of regulations establishing wages and prices
A code of ethics for merchants, doctors and officials
2. The Code of Ur-Nammu
-is the oldest known law code surviving today. It is from Mesopotamia and is written on tablets, in the Sumerian language c. 2100–2050 BC. Although the preface directly credits the laws to king Ur-Nammu of Ur (2112–2095 BC. For the oldest extant law-code known to history, it is considered remarkably advanced, because it institutes fines of monetary compensation for bodily damage, as opposed to the later lex talionis (‘eye for an eye’) principle of Babylonian law; however, murder, robbery, adultery and rape were capital offenses.
3.The Hittites
The Hittites existed about two centuries after the reign of the code of Hammurabi and they eventually conquered Babylon. The law of Hittites may also be characterized as brutal, just like the code of Hammurabi, because they use death as punishment of many offenses.
4. CODE OF DRAKON
This is codified by Drakon, an Athenian law giver in Athens, Greece, in the seventh Century BC. This was known in severity because of its severe penalties even in simple offenses. The tablets were called axones, perhaps because they could be pivoted along the pyramid's axis, to read any side.
5. LAWS of SOLON
Solon, also an Athenian, was appointed archon and was given legislative powers. During his time he repealed almost all laws of the code of Drakon and created laws that provided just punishments. He was the one of the first to see that lawgiver had to make laws that applied equally to all citizens and also saw that the law of punishment had to maintain proportionality to the crime committed. Solon revised every statute except that on homicide and made Athenian law altogether more humane.
Solon had a great impact in the history of law making that now the term “Solon” is used to refer to any member of the senate or house of representative.
1. The Code of Twelve Tables – these tables were collection of basic rules relation to the conduct of family and religious economic life.
529 A.D. – Emperor Justinian I codified the Roman Laws into set of writings – The Justinian Code which distinguishes two major types of laws, public and Private Laws
2. The Mosaic Code – based on the assumption that God entered into a covenant with the tribes of Israel, had a long-lasting impact on our collective consciousness. Moses returned from a mountain top carrying the Ten Commandments which were inscribed on two stone tablets. These commandments subsequently became the foundation of Judeo-Christian morality. The prohibition against murder, theft, and perjury were all present in the Mosaic Code.
Public Laws – dealt with the organization and administration of the Republic
Private Laws – addressed the issues such as contracts, possessions and other property rights. The legal status of each person such as slaves, husbands, wives and injuries to citizen
>>>>>REVISED PENAL CODE BOOK 1<<<<<
Revised Penal Code (RPC)
When the Spanish Colonizers conquered the Philippines, the Spanish Codigo Penal was made applicable and extended to the Philippines by Royal Decree of 1870. This was replaced with the old Penal Code which was put in place by Spanish authorities. This law took effect in the Philippines on July 14, 1876 and was enforce until Dec. 31, 1931 was revised by the Committee created by Administrative Order No. 94 of the Department of Justice, dated Oct. 18, 1927, composed of Anacleto Diaz as Chairman, Alex Reyes and Mariano de Joya as members. It was on December 8, 1930, when it was amended, under Act. No. 3815, and took effect on January 1, 1932.
>>>>>REVISED PENAL CODE BOOK 2<<<<<
Principal Parts of the RPC
It is composed of two books, book one which is composed of article 1-113 and book two covering article 114-367.
Ø Articles 1-20 – principles affecting criminal liability
Ø Articles 21-113 – penalties including criminal and civil liability
Ø Articles 114-367 – felonies
>>>>>ARTICLE 11 & 12 OF THE REVISED PENAL CODE<<<<<
Characteristics of the RPC
1. Generality – the law is applicable to all persons within the territory irrespective of sex, race, nationality or civil status except:
a. Head of state
b. Foreign diplomats, ambassadors, who are duly accredited to our country
c. Foreign troops permitted to march within the territory
Exception to the General Application
Public International law
Treaties stipulation–
Laws of Preferential Application
2. Territoriality - the RPC is applicable to felonies committed within the Philippine territorial jurisdiction under article 1 of the constitution.
“The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal water.”
Philippine archipelago - all the island that comprises the Philippines
Atmospheric water – all bodies of water that connects all the island such as bays, river and stream.
Maritime zone – the three (3) mile limit beyond our shore measured at low tide.
However, there are exception to the territoriality characteristics of the RPC. Accordingly, the revised penal code shall be applicable to all cases committed outside the Philippine territorial jurisdiction under the following circumstances.
Should commit an offense while on a Philippine ship or airship;
Should forge or counterfeit any coin or currency note of the Philippine Islad or obligations or securities issued by the government of the Philippines;
While being a public officer or employee, should commit an offense in the exercise of their functions;
Should commit any of the crime against national security and law of nations.
3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet punishable on the time the felony was committed. However, it may have a retroactive effect if it is favorable to the accused who is not a habitual delinquent.
IT IS SPECIFIC AND DEFINITE
Criminal law must give a strict definition of a specific acts which constitute an offense. Where there is a doubt as to whether a definition embodied in the revised penal code applies to the accused or not, the judge is obligated to decide the case in favour of the accused. Criminal law must be constructed liberally and strictly against the state.
IT IS UNIFORM IN APPLICATION
an act described as a crime is a crime no matter who committed it, wherever committed in the Philippines whenever committed. No exception must be made as to the criminal liability. The definition of the crime together with the corresponding punishment must be uniformly construed although there maybe a difference in a given specific provision of the penal law.
There must be a penal sanction
Limitations on Congress to Enact Penal Laws
No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; it may also be defined as a law which aggravates a crime, or makes it greater than it was, when committed.
No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts punishment without trial.
No person shall be deprived of life, liberty or property without due process of law- The law must be fair and reasonable and the accused must be given the opportunity to be heard and be accorded the rights to which he is entitled.
Excessive fines shall not be imposed nor cruel or unusual punishment.
CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY
1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
Imputability- the quality by which a criminal act maybe pinpointed to another as its doer or author.
Responsibility- is the obligation of an offender in suffering the consequences of a crime.
Justifying circumstances- those where the act of a person is said to be in accordance with the law. As a consequence he is freed from criminal and civil liability.
Enumerate the Justifying Circumstances:
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.
REQUISITES OF SELF DEFENSE
1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending himself
Exempting Circumstances- are those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.
ENUMERATE THE EXEMPTING CIRCUMSTANCES:
1. Imbecility; Insanity (unless the latter acted during a lucid interval)
2. A person under 9
3. A person over 9 and under 15 unless he has acted with discernment.
4. Accident
5. Uncontrollable fear
6. Lawful or insuperable cause
Imbecile- One who is old but has a mental development similar to children between the ages 2-7 years.
Insanity- one which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the accused is deprived of reason and acts without the least discernment.
The condition known as dementia praecox is covered by the term insanity. So as Epilepsy may be covered by the term insanity. However, that Kleptomania is also covered is still a debatable proposition. Somnambulism may be a cause for exemption for lack of criminal intent.
Discernment- the mental capacity of a minor to distinguish between right from wrong and to fully appreciate the consequences of his felonious acts. It may be shown by:
Mitigating circumstances - those which if present in the commission of a crime, do not entirely free the actor from criminal liability but reduces only the penalty.
ENUMERATE THE MITIGATING CIRCUMSTANCES
1. Incomplete justifying or exempting circumstance
2. Under 18
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.
Aggravating Circumstances- are those which if attendant in the commission of the offense, would serve to increase the penalty
ENUMERATION OF AGGRAVATING CIRCUMSTANCES:
1. Advantage of public position
2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of religious worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premeditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty
>>>>>EVIDENCE COLLECTION<<<<<
Chapter 3
CRIME
The term crime is a generic term which refer to all acts that violate law. According to the Philippine law dictionary.
Crime is an act committed or ommitted in violation of the public law forbidding or commanding it.
Crime is also defined as an act that violates the law of the nation.
SUB-CLASSIFICATION OF CRIMES
• 1) FELONY
• an act or omission punishable by law which is committed by means of dolo (deceit) or culpa (fault) and punishable under the Revised Penal Code
• 2) OFFENSE
• an act or omission in violation of a special law
• 3) INFRACTION
• an act or omission in violation of a city or municipal ordinance.
ELEMENTS OF A FELONY
1. There must be an act or omission;
Act = any bodily movement tending to produce some effect in the external world. It must be external as internal acts are beyond the sphere of penal law.
Omission = inaction, failure to perform a positive duty, which one is bound to do.
2. The act or omission must be punishable by the RPC. (“Nullum crimen nulla poena sine lege” - “there is no crime where there is no law punishing it”).
3. The act is performed or the omission is incurred, by means of Malice or Deceit (dolo) or Fault (culpa).
FELONIES ACCORDING TO THE MEANS BY WHICH THEY ARE COMMITTED:
1. Intentional Felonies – the act is performed or the omission is incurred with deliberate intent or malice to do an injury.
Requisites of DECEIT (dolo) or MALICE: (FII)
1. Freedom = voluntariness on the part of the person to commit the act or omission.
2. Intelligence = capacity to know and understand the consequence of one’s act.
3. Intent (Criminal) = the purpose is to use a particular means to effect such result. Intent to commit an act with malice being purely a mental process is presumed. Such presumption arises from the proof of commission of an unlawful act. A mental Process, hence its existence is shown by overt acts.
2. Culpable Felonies – performed without malice
Requisites of FAULT (culpa): (FIN)
1. Freedom;
2. Intelligence;
3. Negligence, Imprudence, lack of foresight, or lack of skill.
Negligence = indicates deficiency of perception; failure to pay proper attention and to use diligence in foreseeing the injury or damage impending to be caused. Usually involves lack of foresight.
Imprudence = indicates deficiency of action: failure to take the necessary precautions to avoid injury to person or damages to property. Usually involves lack of skill.
Reason for punishing acts of negligence: A man must use common sense and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent.
CRIMES OF MISTAKE
el que es causa de la causa es causa del mal causado- he who is the cause of the cause is the cause of the evil caused
1. Error in personae – mistake in the identity of the victim.
2. Abberatio ictus – mistake in the blow thereby hitting a different and/or another victim.
3. Praeter intentionem – injuries result is greater than that intended.
LEGAL CLASSIFICATION OF CRIMES
1) as to the manner crimes are committed:
• a) by means of dolo or deceit - when the act was done with deliberate intent.
• b) by means of culpa or fault-when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill.
2) as to the stages in the commission of crimes:
• Consummated crime – when all the elements necessary for its execution and accomplishment are present
• 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
• Attempted crime - when the offender commences the commission of a 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 of crime:
• simple crime – single act constituting only one offense
Ex. Theft, Robbery, Homicide, Murder, Libel
• complex crime – single act constituting two or more grave felonies (compound crime) or an is a necessary means for committing the other (complex crime proper).
Ex. Robbery with Homicide, Rape with homicide, Arson resulting in death and damage to property.
4) according to gravity:
• a) grave felonies – those to which the law attaches the capital punishment or afflictive penalties
• b) less grave felonies – those to which the law attaches correctional penalties
• c) light felonies – those to which the law attaches the penalty of arresto menor or a fine not exceeding P200.00
CRIMINOLOGICAL CLASSIFICATION OF CRIMES
The criminological classification of crimes are categorized according to the result of the crime, to the time and period of the commission, to the length of time of the commission, to the place or location to the type of offender and to the use of mental faculties.
1) According to the result of the crime:
• acquisitive crime – the offender acquires something e.g. theft, robbery and estafa.
• extinctive crime – the consequence of the act is destructive e.g. homicide, murder, parricide and arson.
2) According to the time or period of the commission of the crime:
a) seasonal crime – committed only during a certain period of the year
b) situational crime – committed only when the situation is conducive to its commission
3) According to the length of time of the commission of the crime:
a) instant crime – committed in the shortest possible time
b) episodial crime – committed by a series of acts in a lengthy space of time
4) According to the place or location of the commission:
a) static crime – committed in only one place.
b) continuing crime – committed in several places.
5) According to the use of mental faculties:
a) rational crime – committed with intent and the offender is in full possession of his sanity.
b) irrational crime – committed by an offender who does not know the nature and quality of his act on account of the disease of the mind.
6) According to the type of offender:
a) white-collar crime – committed by a person belonging to the upper socio-economic class in the course of his occupational activities.
ex. Graft and Corruption, Plunder, Money Laundering, etc.
b) blue-collar crime – committed by ordinary professional criminal to maintain his livelihood.
ex. Shoplifting, theft etc.
TRANSNATIONAL CRIME
Transnational Organized crime is a crime perpetuated by organized criminal groups which the aim of committing one or more serious crimes or offenses in order to obtain directly or indirectly, a financial or other material benefits committed through crossing of borders or jurisdictions.
>>>>>PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)<<<<<
CATEGORIES OF TRANSNATIONAL CRIMES
Trafficking in Persons
Environmental Crime
Economic crime
Cyber crime
Piracy and Armed Robbery Against Ships
Intellectual Property Theft
Illicit Trade of Small Arms and Light Weapons
Money Laundering
Terrorism
Drug Trafficking
General View on CRIME
Crime is:
1. Pervasive – almost all members of free society are once upon a time a victim of crime or worst…suspect or offender.
2. Expensive – our government spend an enormous amount of money for crime prevention, detection, prosecution and rehabilitation.
3. Destructive – many lives and properties were loss due to crime.
4. Reflective – a barometer of how effective and efficient our established programs regarding crime prevention and suppression.
5. Progressive – offenders also cope up, adjust through the exigencies of time and advancement of technologies; they never stopped looking for opportunities on how they can accomplished their bad intentions.
WHEN DOES CRIME EXIST?
In the legal explanation, crime exists when the person charged of an offense has been proven guilty by a competent court.
In scientific point of view, crime exists once it is reported to the authorities. This viewpoint is more realistic but it is argued that not all reported cases are with sound basis that it was happened and some of them are unproven and/ or not established.
CRIME RATE VERSUS CRIME VOLUME
Crime Rate (CR)=Crime Volume X 100,000 Population
Crime Volume = Population X CR
100,00
>>>>>CYBER CRIME<<<<<
CHAPTER 4
CRIMINAL
In the legal sense, a criminal is any person who has been found to have committed a wrongful act in the course of the standard judicial process; there must be a final verdict of his guilt.
In the criminological sense, a person is already considered a criminal the moment he committed a crime.
GENERAL CLASSIFICATION OF CRIMINALS
1) On the basis of etiology (origin):
a) acute criminals – persons who violate criminal law because of the impulse of the moment, fit of passion or anger
b) chronic criminals – persons who acted in consonance with deliberated thinking, such as:
b.1) neurotic criminals – persons whose actions arise from the intra-psychic conflict between the social and anti-social components of his personality
b.2) normal criminals – persons whose psychic organization resembles that of a normal individual except that he identifies himself with criminal prototype
2) on the basis of behavioral system:
a) ordinary criminals – the lowest form of criminal career; they engage only in conventional crimes which require limited skill
b) organized criminals – these criminals have a high degree of organization that enables them to commit crimes without being detected and committed to specialized activities which can be operated in large scale businesses.
c) professional criminals – these are highly skilled and able to obtain considerable amount of money without being detected because of organization and contact with other professional criminals
3) on the basis of activities:
a) professional criminals – those who earn their living through criminal activities
b) accidental criminals – those who commit criminal acts as a result of unanticipated circumstances.
c) habitual criminals – those who continue to commit criminal acts for such diverse reasons due to deficiency of intelligence and lack of control.
d) situational criminals – those who are actually not criminals but get in trouble with legal authorities because they commit crimes intermixed with legitimate economic activities.
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Chapter 5
SCHOOL OF THOUGHT IN CRIMINOLOGY
SCHOOL OF THOUGHT
A term refer to a group of beliefs or ideas that support a specific theory. Theory is a set of statement devise to explain behavior, events or phenomenon, especially one that has been repeatedly tested and widely accepted.
Demonological theory
Long before the “classical school of criminology” existed, there have been beliefs that crime was being committed through Divine Intervention; the explanation that crime was caused by demons.
These anti-social acts or offense was due to the bad spirits, demons, or someone from the other world forced or pushed a person to commit a wrongdoing.
Leading Personalities in the Classical School
Cesare Beccaria Jeremy Bentham
(March 11, 1738 – November 28, 1794) (February 15, 1748 - June 6, 1832)
Cesare Beccaria (1738-1794)
¨ Published a book entitled, “On Crimes and Punishment in 1764”.
¨ He views that crime is caused the individual exercised of their “free-will”, humans are rational enough to determine the consequences of their actions.
¨ Punishment is a means directed towards the offender; it is also a way to discourage other people from committing a crime.
¨ Crime prevention is effective through swift and certain punishment.
¨ Any offender must be punish regardless of the age, sex, mental capability etc.
Additional Noteworthy Features of the Classical Criminology:
All people are rational being. (free-will)
People commit crime after weighing the pain and gain principle.
The punishment should correspond to the offense. (proportional)
To torture accused offenders to obtain a confession is inadmissible.
“it is better to prevent crimes than to punish them”.
Jeremy Bentham (1748-1832)
¨ Formulated the concept of “Utilitarianism”.
¨ Published a book, “An Introduction to the Principles of Morals and Legislation”.
¨ Utilitarianism, “the greatest happiness for the greatest number of people”. Crime is an injury to the society punishment is not simply for social revenge or retribution but for the general good and punishment is a form of deterrence for others not to commit crime.
¨ He also devised a pseudo-mathematical formula called “felicific-calculus”, which is used to compute whether a certain crime is worth committing or not.
¨ All behavior is reducible to that of seeking pleasure and avoiding pain (Pleasure-pain principle).
¨ Punishment should be fair enough to deter people from committing the same.
John Howard (1726-1790)
¨ Created the Howard Association in 1866
¨ He made 7 journeys to different prisons in Europe in search of a humane and efficient prison system.
¨ Some of his observations were;
¨ Mothers and babies in prison
¨ Overcrowding
¨ Prison regimes
¨ Drugs in prison
¨ Children in the penal system
¨ Lack of educational, healthcare, sanitation program
¨ He created the Howard Association in 1866.
Neo-Classical School of CRIMINOLOGY
Gabriel Tarde (1843-1904) Raymond Saleilles (1898)
Formulated the “Theory on Imitation” Pupil of Gabriel Tarde
Concept of Neo-Classical School
Free-will of man may be influenced by other factors beyond his control and determinism.
These prevailing factors such as insanity, incompetence, minority, physical and mental disability and others that may not let the individual exercise his free-will entirely.
The pain from committing a crime must be greater than the pleasure that it brings to discouraged others from mimicking.
This concept can be compared today as the exempting and mitigating circumstances.
Positivist School Of CRIMINOLOGY
Charles Darwin's Origin of Species (1859) was the turning point, which allowed a new generation of criminologists to challenge the classical school of criminology.
B. Positivism argues that people do not choose freely to commit crime, rather factors beyond their control are responsible for the criminal behavior.
C. Positivism is composed of three types:
1. Biological determinism
2. Psychological determinism
3. Sociological determinism
The term “positivism”, refers to a method of analysis based on the collection of observable scientific facts.
Positivism is the basis of most natural sciences, and positivist criminology is the application of science to the study of people to come up with facts.
It demand for facts and scientific proof.
LEADING PERSONALITIES:
Cesare Lombroso
(Nov. 6,1835 - Oct 19,1909)
FATHER OF MODERN CRIMINOLOGY due to his application of modern scientific methods to trace criminal behavior, however, most of his ideas are now discredited.
He claimed that criminals are distinguishable from non-criminals due to the presence of atavistic stigmata – the physical features of creatures at an earlier stage of development.
he asserted that crimes are committed by those who are born with certain recognizable hereditary traits present at birth.
According to his theory criminals are usually in possession of :
¨ huge jaws and strong canine teeth, the arm span of criminals is often greater than their height, just like that of apes who use their forearms to push themselves along the ground.
Other atavistic stigmata:
large jaws, forward projection of jaw,
low sloping forehead,
high cheekbones,
flattened or upturned nose,
handle-shaped ears,
hawk-like noses or fleshy lips,
hard shifty eyes,
scanty beard or baldness,
insensitivity to pain,
long arms relative to lower limbs.
3 Classes of Criminals (BIC)
born criminals – individuals with at least five (5) atavistic stigmata
insane criminals – those who are not criminals by birth; they become criminals as a result of some changes in their brains which interfere with their ability to distinguish between right and wrong
criminaloids - those with make up of an ambiguous group that includes habitual criminals, criminals by passion and other diverse types
August Comte was a french philosopher and sociologist and is believed to be the one who reinvented the french term sociologie, he was one of the first to use scientific method of studying sociology and he had written several influential book on philosophy and sociology. For this work and contribution he is recognize as the father of sociology and positivism.
THE (UN) HOLY THREE OF CRIMINOLOGY
There is another school referred to as the Italian school of criminology. It is composed of three most important Italian criminologist in history. They were Cesare Lombroso, Enrico Ferri and Raffael Garofalo. Because of their contribution in the prograssion of positivist ideas, they are called the “Holly Three of Criminology”
Enrico Ferri (1856-1929)
An Italian, born 1856, author of “The Theory of Imputable and the Denial of Free Will” published in 1878.
He agreed with Lombroso on the biological basis of Criminal’s behavior but his interest in socialism led him to recognize the importance of social, economic, and political determinants.
His greatest contribution was his attack on the classical doctrine of free will, which argued that, criminals should be held morally responsible for their crimes because they must have a rational decision to commit these acts.
He believed that criminals could not be held morally responsible because they did not choose to commit crimes, but rather were driven to commit crimes by conditions in their lives.
Rafael Garofalo
He treated the roots of the criminals’ behavior not to physical features but to their psychology equivalent, which he referred to as moral anomalies.
He rejected the doctrine of freewill.
Classify criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious Criminals.
3 Types of POSITIVISM
• Biological Determinism
• This explains the existence of criminal traits that associates an individual’s evil disposition to physical disfigurement or impairment.
• Sociological Determinism
• Sociological factors refers to things, places and people with whom we come in contact with and which play a part in determining our actions and conduct. These causes may bring about the development of criminal behavior.
• Psychological Determinism
• This explains that psychological issues affect an individual to act in a manner which is not of his full control.
School of Thought
Cause of Crime
Implication for Criminals
Demonic Perspective
Supernatural forces causes crime; God’s intervention; God’s will
The commission of crime was due to the bad spirits; the criminal was subjected to an ordeal to determine the innocence; brutal punishment
(Inquisitorial Approach)
Classical School
Crime was due to rational decision based on calculation of costs and benefits
Swift and certain punishment(proportional); Laws should be made known to the public- DETERRENCE
(Adversarial Approach)
Neo-Classical School
Absence of free-will; other factors that prevail- pathology, insanity, etc.
Punishment should be greater to deter criminals from committing the same
Positivist School
Criminal behavior is caused by biological, sociological, psychological factors outside the person’s control
Formulated means to treat offenders based on the factors that led them to commit crime; REHABILITATION rather than PUNISHMENT
CHAPTER 6
BIOLOGICAL AND PSYCHOLOGICAL DETERMINISM
Biological Determinism - This explains the existence of criminal traits that associates an individual’s evil disposition to physical disfigurement or impairment.
School of human physiognomy, the study of facial features and their relation to human behavior ----GIAMBATTISTA DELA PORTA (1535-1615)
J.K. Lavater (1741- 1801)- studied the facial features of criminals to determine whether the shape of ears, nose, eyes and the distance between them were associated with antisocial behavior. (Physiognomists)
Franz Joseph Gall & Johann K Spurzheim- studied the shape of the skull and bumps on the head to determine whether these physical attributes were linked to criminal behavior. Phrenologists believed that external cranial characteristics dictate which areas of the brain control physical activity.
Physiognomy
the study of facial features and their relation to human behavior
Phrenology or Craniology
the study of the external formation of the skull indicating the conformation of the brain and the development of its various parts which is directly related to the behavior of the criminal.
PHYSIOLOGY OR SOMATO TYPE
study of the body built of a person in relation to his temperament and personality and the type of offense he is most prone to commit.
Biological Determinism
1) ERNST KRETCHMER
- he correlated body build and constitution with characters or temperamental reactions and mentality
- he distinguished three (3) principal types of physiques:
a) asthenic – lean, slightly built, narrow shoulders; their crimes are petty thievery and fraud.
b) athletic – medium to tall, strong, muscular, coarse bones; they are usually connected with crimes of violence.
c) pyknic – medium height, rounded figures, massive neck, broad face; they tend to commit deception, fraud and violence.
TYPE OF PHYSIQUE
TEMPERAMENT
a) endomorphic -relatively large digestive viscera; round body; short, tapering limbs; small bones; smooth, velvety skin
viscerotonic – generally relax and comfortable person, loves luxury and essentially extrovert
b) mesomorphic – with relative predominance of muscles, bones predominance of muscles, bones and motor organs of the body with large wrist and hands
romotonic – active dynamic; walks, talks and gestures assertively and behaves aggressively and behaves aggressively
c) ectomorphic – relative pre-dominance of skin and its appendages which includes the nervous system; it has includes the nervous system; it has fragile and delicate bones; with droopy shoulders, small face and sharp nose, fine hair and with relatively small body.
cerebrotonic – introvert prone to allergies, skin troubles chronic fatigue, insomnia, sensitive skin and sensitive to noise
William Herbert Sheldon (1898-1977)
William Herbert Sheldon was an American psychologist was another follower of somatotype school of criminology, based on his studies, he formulated his own body types; mesomorph, endomorph, ectomorph.
Heredity
Is the transmission of traits from parents to offspring. Studied have been conducted, and are still being conducted, as to the relationship of genetics to criminality. The findings of certain studies such as twin studies and adoption studies, support the theory that criminal tendencies can be inherited.
RICHARD DUGDALE
- he studied the lives of the members of the JUKES FAMILY and referred to Ada Margaret Jukes or "ADA JUKES" as the MOTHER OF CRIMINALS
- he discovered that from among the descendants of Ada Jukes, there were 280 paupers, 60 thieves, 7 murderers, 40 other criminals, 40 persons with venereal diseases and 50 prostitutes
- he claimed that since families produce generations of criminals, they must have been transmitting degenerate traits down the line. (heredity/nature theory)
Sir Jonathan Edwards Family Tree
Sir Jonathan Edwards was a famous preacher during the colonial period. When his family tree was traced, none of the descendants was found to be criminal. On the other hand, many become presidents of the United States, governor, members of Supreme Court, famous writers, preachers and teachers.
HENRY GODDARD
- he studied the lives of the KALLIKAK FAMILY and found that among the descendants from MARTIN KALLIKAK’s relationship with a feeble-minded lady, there were 143 feeble-minded and only 46 normal, 36 were illegitimate, 3 epileptics, 3 criminals, 8 kept brothels and 82 died of infancy; his marriage with a woman from a good family produced almost all normal descendants, only 2 were alcoholics, 1 was convicted of religious offense, 15 died at infancy and no one became criminal or epileptic
Charles B. Goring (1870-1919)
An English physician and psychiatrist who published the book entitled, the English convict. He was employed as medical officer in various English prisons where he conducted his studies on the physical trait of the convicted offenders.
Psychological Determinism
SIGMUND FREUD
he is recognized as the FATHER OF PSYCHOANALYSIS
he founded the PSYCHOANALYTIC THEORY OF CRIMINALITY in which he attributed delinquent and criminal behavior to a conscience that is overbearing which arouses feelings of guilt or a conscience that is so weak that it cannot control the individual’s impulses and the need for immediate gratification
in his theory, PERSONALITY IS COMPRISED OF THREE COMPONENTS:
a) ID – this stands for instinctual drives; it is governed by the “pleasure principle”; the id impulses are not social and must be repressed or adapted so that they may become socially acceptable
EGO – this is considered to be the sensible and responsible part of an individual’s personality and is governed by the “reality principle”; it is developed early in life and compensates for the demands of the id by helping the individual guide his actions to remain within the boundaries of accepted social behavior; it is the objective, rational part of the personality
SUPEREGO – serves as the moral conscience of an individual; it is structured by what values were taught by the parents, the school and the community, as well as belief in God; it is largely responsible for making a person follow the moral codes of society
CHAPTER 7
SOCIOLOGICAL DETERMINISM
EMILE DURKHEIM
- one of the founding scholars of sociology
- French sociologist published a book, “Division of Social Labor”, which became a landmark work on the organization of societies
a) crime is as normal a part of society as birth and death
b) crime is part of human nature because it has existed during periods of both poverty and prosperity
c) as long as human differences exists, which is one of the fundamental conditions of society, it is but natural and expected that it will result to criminality
- one of his profound contributions to contemporary criminology is the concept of anomie, the breakdown of social order as a result of loss of standards and values
GABRIEL TARDE
- introduced the Theory of Imitation, which governs the process by which people become criminals
- the Theory of Imitation is explained by the following patterns:
- a) Pattern 1: individuals imitate others in proportion to the intensity and frequency of their contact
- b) Pattern 2: inferiors imitate superiors
- c) Pattern 3: when two behavior patterns clash, one may take the place of the other
ADOLPHE QUETELET
A Belgian mathematician did an elaborate analysis of crime in France, Belgium and Holland. He was the first to take advantage of the criminal statistics that was beginning to become available in the 1820’s. He was the “First Scientific Criminologist”, employing an approach to his subject matter which was very similar to that of modern criminologist. He is considered as the “Father of Modern Sociological and Psychological Statistic”
MICHAEL GUERRY – sometime after 1825, published the first book in “Scientific Criminology. He was more cartographic in his approach, relying exclusively upon shaded areas of maps in order to describe and analyze variations in French official crime statistic. Since he employed these sections of maps and used these as principal unit of analysis, he is often viewed as the “Founder of the Ecological or Cartographic School of Criminology”
HENRY MAUDSLEY – (1835 – 1918) English statistician believed that insanity and criminal behavior were strongly linked.
CHARLES CALDWELL, an American physician who supported these views, he searched for evidence that brain tissue and cells regulate human action.
Ernest Hooton conducted a study involving a comparison of a large sample of prisoners and non-prisoners in the United State, Hooton concluded that criminals are biologically inferior.
Found out that Tall thin men tend to commit forgery and fraud, undersized men are thieves and burglar, Short heavy person commit assault, rape and other sex crimes and Average struggle other crimes.
ELEANOR GLUECK stressed, however that the build is not a direct cause of delinquency rather a person’s physical appearance may simply just affect his behavior. For example, the muscular boys who look up to by friends may commit aggressive act too maintain their respect and admiration.
Rawson R. Rawson – utilized crime statistics to suggest a link between population density and crime rates with crowded cities creating an environment conducive for crime.
Henry Mayhew – used empirical methods and an ethnographic approach to address social questions and poverty and presented his studies in London Labour and the London Poor.
Emile Durkheim – viewed crime as an inevitable aspect of society with uneven distribution of wealth and other differences among people.
Sir Alec John Jeffreys – Fellow of the Royal Society (FRS), born january 9, 1950 at Oxford in Oxfordshire, he is British Geneticist who developed techniques for DNA fingerprinting and DNA profiling.
ALPHONSE BERTILLION – One who originated a system of classifying criminals according to body measurements. Because the human skeleton is unchangeable after the 20th year and because no two individuals are alike in all dimensions; this method of identification received prominence in 1880’s.
EDWIN H. SUTHERLAND – An American authority in criminology, who in his book “Principles of Criminology” considers criminology at present as not a science, but he has hopes of becoming a science.
He is considered as the Dean of Modern Criminology. He advocated the Differential Association Theory.
IMPORTANT EVENTS
MIDDLE OF THE 16TH CENTURY – The period when the first House of Correction appeared in England, on the petition of Bishop Ridly of London for help in dealing with the sturdy vagabonds of the city. The king gave his place at Bridewill to be one of the hospitals of the city, for lewd and idle, and a place for the employment of the unemployed and the training of children.
HAMMURABI’S CODE – A code after a name of a person who firstly adopted the principle “An Eye for an Eye, and a Tooth for a Tooth” in the imposition of punishment.
ELMIRA REFORMATORY – Considered as the forerunner of modern penology, located in Elmira, New York in 1876. It features a training school type of institutional program, social casework, and extensive use of parole.
AUBURN PRISON SYSTEM – Its features were confinement of the prisoners in single cells at nights and congregate work in shops during the day.
1870 to 1880 – Was the Golden Age of Penology because of the following reasons:
The formation and Organization of National American Prison Association in 1870;
In 1870, the first International Prison Congress was held in London;
In 1876, the Elmira Reformatory was considered as the forerunner of modern Penology; and
The first separate institutions for women were established in Indiana and Massachusetts.
1938 – the League of Nations adopted the “Standard Minimum Rules for the treatment of prisoners.”
1839 – Demetz of France establish an Agricultural Colony for charge. The system was based on re-education rather than force. When discharged, the Boys were placed under the supervision of a patron.
Theories on Crime Causation
Social Disorganization
Stresses the condition within the rural and urban environment that affects the overall bearing of a child. It also focuses on the absence or breakdown of communal institutions such as family, church, school, barangay and police force that attributes in delinquency in a particular place
Differential Association Theory
This suggests that people are motivated to commit crime due to pressure of delinquent peers to win their acceptance. This theory was developed by Edwin Sutherland. His general findings is that, criminal behavior is learned in interaction with other persons in a process of communication.
“tell me who you’re friends are, and I will tell you who you are”
Social Reaction Theory (labeling)
States that once young people have been labeled as criminal they are most likely to offend. The idea is that once labeled as deviant a juvenile may accept that role and will associate to others who have been similarly labeled. Once an individual has been labeled, s/he becomes a social outcast and begins to rebel, in order to live up to his/her identifying label
Social Control Theory
This maintains that all people have the potential to violate the law and that modern society presents many opportunities for illegal activities. It argues that people obey the law because behavior and passions are being controlled by internal and external forces
Rational Choice Theory
Classical criminology stresses that causes of crime lie within the individual offender who are rationale to make choices of actions. FREEWILL the ability to make choices.
This theory, however does not give any distinction between an adult, a minor, a physically/mentally handicapped person. Moreover, it presumes that people commit crimes after weighing the PAIN and GAIN consequences of their actions.
STRAIN THEORY
Holds that crime is a function of the conflict between the goals people have and the means they can use to legally obtain them. This also argues that the ability to obtain these goals is class dependent; members of the lower class are unable to achieve these goals which come easily to those belonging to the upper class. Consequently, they feel anger, frustration and resentment, referred to as STRAIN
Instrumentalist Theory
Earl Richard Quinney claimed that the upper classes are using the existence of the state to exploit the lower classes by making laws for their own benefit, protection and interest.
Neutralization Theory
Gresham Sykes believed that a person will follow or break law depending upon whether he will be benefited or not. Such that if the societal rules are favorable to him, the latter are very much willing to obey it, otherwise, he will transgress.
Sub-Culture Theory (1918)
According to Albert Cohen, the lower class cannot socialize effectively to the middle and higher classes because the latter would not accept the behavior of the former. Thus, the members of the lower class gather together to share their common concerns which subsequently form a sub-culture that rebuffs the middle class values.
Social Class Conflict and Capitalism Theory (1818-1940)
Karl Marx, Frederick Engel and Willem Bonger are the main proponents of this theory.
Argue that upper class in a capitalist society is responsible for the conception of penal law and the ideological biases in the interpretation and enforcement of laws. Thus, criminality is very much reflected on the exploited and abused members of the underprivileged population which are usually unemployed or underemployed.
Containment Theory (1899-1988)
this theory is a form of control which suggests that a series of both internal and external factors contributes to criminal behavior.
According Walter Reckless, external forces are composed of outer structures like blocked opportunities, poverty and unemployment while the internal structures are the individuals self control ensured by strong ego, good self image, well developed conscience, high frustration tolerance and high sense of responsibility
Other Theory
n Theory of Evolution
Ø According to Charles Darwin, humans like other animals are parasite. Man has animalistic behavior, man kills and steals to live.
Other School
Chicago School
Ø The founders are Robert Ezra (1864 – 1944),Ernest W. Burgess (1886 – 1966), and Louis Wirth (1897 – 1952) - Professors of Sociology Dept at University of Chicago.
Ø Pioneered research on social ecology of the city
Ø Some neighborhoods become “Natural Areas” for crime
Ø They found that children who grow in old home wracked by conflict, attend inadequately in schools or associated with deviant peers and become exposed to pro-crime forces
GEOGRAPHICAL FACTORS OF CRIME
Ø North and South Pole – according to Quetelete “Thermic Law of Delinquency”, crimes against person predominate in the South Pole and during warm season while crimes against property predominate in the North Pole and cold countries.
Ø Approach to the Equator – according to the Montesquieu (Spirits of Laws, 1748) criminality increase in proportion as one approaches to the equator and drunkenness increase as one approaches to the North and South Pole
Ø Season of the Year – crimes against person is more in summer than in rainy season. Climatic condition directly affects one’s irritability and cause criminality. During dry season, people get out of the house more and there is more contact and consequently more probability of personal violence.
Ø Soil Formation – more crimes of violence are recorded in fertile level lands than in hilly rugged terrain. There is also more incidence of rape in level districts.
Ø Month of the Year – there is more incidences of violent crimes during warm months from April to July having its peak in May. This is due to May festivals, excursion, picnics, and other sorts of festivities wherein people are more in contact with one another.
Ø Temperature – according to Dexter, the number of arrest increases quite regularly with the increase of temperature affects the emotional state of the individual and leads to fighting. The influence of temperature upon female is greater than upon male.
Ø Humidity and Atmosphere Pressure – according to survey, large number of assaults are to be found correlated with low humidity and a small number with high humidity. It was explained that low and high humidity are both vitality and emotionally depressing to the individual.
Ø Wind Velocity – under the same study, it was explained that during high wind, the number of arrest were less. It may be due to the presence of more carbon dioxide in the atmosphere that lessens the vitality of men to commit violence.
CHAPTER 8
VICTIMOLOGY
It was Benjamine Mendelsohn who coined the term “victimology” in 1940’s. Mendelsohn was a Lawyerf from Bucharest, Romania who developed a scientific method for the study of criminal acts that utilized bio psychosocial data on the criminal, the victim and the witnesses
Definition of Victimology – a scientific study of crime victims and their roles… ”victim proneness”…(the contribution of the victim to the genesis of the crime)
Historical Perspectives of Victimology -1948 by Hans Von Hentigs (founding father)Search for victim proneness and the relationship between the victim and the offender.
Typology of Victimization
by Hans Von Hentigs with Mendelsohn
Positivist/Conventional Victimology –concerned with patterns, regularities and the concept of victim proneness, precipitation and lifestyle.
The Young The Depressed
The Old The Acquisitive
The Female The Wanton
The Mentally Defective The Lonesome
The Immigrants The Heartbroken
The Dull Normals The Tormentor
The Fighting Victim
Causative Factors of Victimization
- Ignorance;
- Level of Security/Safety consciousness / awareness and
preparedness; (“security risks”)
- Provocativeness;
- Precipitation (undue haste) & Lifestyle;
- Target of opportunity;
- Victim of circumstance;
- Mistaken identity; etc
CHAPTER 9
CRIMINAL PSYCHOLOGY
WHAT IS "ABNORMAL BEHAVIOR"
In order to assess, treat, and eventually prevent abnormal behavior, one must come up with a clear definition of "Normal" and" Abnormal" and develop criteria to distinguish one from the other in actual cases.
Normal behavior – refers to a lack of significant deviation from the average. Another possible definition is that "a normal" is someone who conforms to the predominant behavior in a society. This can be for any number of reasons such as simple imitative behavior, deliberate or inconsistent acceptance of society's standards, fear of humiliation or rejection etc.
Motivation defined
The word motivation comes from the Latin word “movers” which means to move. Motivation is the energizing force that directs and controls our behavior towards the achievement of our goals. It refers to those factors, which increase the vigor of an individuals’ activity. It energizes the person, prompts and compels him to act / behave in a particular way so as to satisfy his needs.
Frustration Defined
The term frustration is widely used in the study of human behavior. Frustration refers to the situation which blocks the individual’s motivated behavior. Sustained frustration may be characterized by anxiety, irritability, fatigue or depression.
Criminal Psychology – criminal psychology is a study that deals on known criminal behavior. It is a must for police officers as knowledge to assess the difference in abnormal behavior can enable them to make important judgment regarding the seriousness of criminal behavior. To do this it is vital that police officers should adequately know the answers to the following questions – how strong a response the policemen must take should they meet and take sufferer into custody for them and the community’s protection?
Types of Phobias
Acrophobia - high places
Agoraphobia - open spaces and market places
Algophobia - pain
Astraphobia - storms, thunder, and lightning
Claus,trophobia - closed places
Hematophobia - blood
Mysophobia - contamination or germs
Monophobia - being alone
Nyctophobia - darkness
Ocholophobia - crowds
Hydrophobia - water
Pathophobia - disease
Pyrophobia - fire
DIAGNOSTIC CATEGORIES OF MENTALLY-DISTURBED PERSONS
Anti-Social Personality – is a mentally disturbed person who is opposed to the principles upon which society is based.
Characteristics of an Anti-Social Personality A person with an anti-social personality is also known as a sociopath or psychopath.
Sociopath – is a person who lacks any sense of social or moral responsibility due to mental illness.
Psychopath – is a person having personality disorders characterized by anti-social behavior, indifference to immorality and abnormal changes in mood or activity.
SOME IMPORTANT TERMS
Ø CRIMINOGENIC PROCESS – Explain human behavior and the experiences, which help determine the nature of a person’s personality as a reacting mechanism; that factors of experiences in connection thereto infringe differentially upon different personalities, producing conflict, which is the aspect of crime.
Ø CRIMINAL PSYCHODYNAMIC – the study of mental processes of criminals in action; the study genesis, development, and motivation of human behavior that conflicts with accepted norms and standard of society; this study concentrates on individuals as opposed to general studies of mass populations with respect to their criminal behavior.
Ø CULTURAL CONFLICTS – A clash between societies because of contrary beliefs or substantial variance in their respective customs, language, institutions, habits, learning, tradition, etc.
Ø DEMENTIA PRAECOX – A collective term of mental disorders that begin at, or shortly after puberty and usually lead to general failure of the mental faculties, with the corresponding physiological impairment.
Ø DELUSION – In medical jurisprudence, a false belief about self, caused by morbidity, present in paranoia and dementia praecox.
Ø EPISODIC CRIMINAL – A non-criminal person who commits a crime when under extreme emotional stress; a person who breaks down and commits a crime as a single incident during the regular course of natural and normal events.
Ø EROTOMANIA – A morbid propensity to love or make love; uncontrollable sexual desire, or excessive sexual craving by members of either sex.
Ø INHERITANCE – The transmission of physical characteristics, mental traits, tendency to disease, etc., from parents to offspring. In genetics, the tendency manifested by an organism to develop in the likeness of a progenitor due to the transmission of genes in the productive process.
Ø HEREDITARY – Have been believed to share about equally in determining disposition that is, whether cheerful or gloomy, his temperament, and his nervous stability.
Ø HALLUCINATION – is the act of seeing of hearing something which does not actually exist
Ø KLEPTOMANIAC – an uncontrollable morbid propensity to steal or pathological stealing. The symptoms of this disease usually consist of peculiar motives for stealing and hoarding.
Ø MASOCHISM – A condition of sexual perversion in which a person derives pleasure from being dominated or cruelly treated.
Ø MELANCHOLIA – A mental disorder characterized by excessive brooding and depression of spirits; typical of manic depressive psychosis.
Ø MEGALOMANIA – A mental disorder in which the subject thinks himself great or exalted.
Ø NECROPHILISM – Morbid craving, usually of an erotic nature for dead bodies. It is also a form of perversion where sexual gratifications are achieved either through sexual intercourse with, or mutilation of the dead body.
Ø ANTHROPOLOGY – It is the science devoted to the study of mankind and its development in relation to its physical, mental and cultural history.
Ø AUTO PHOBIA – It is a morbid fear of one’s self, or of being alone.
Ø BIOMETRY – In criminology, a measuring or calculating of the probable duration of human life; the attempt to correlate the frequency of crime between parents and children or brothers and sisters (siblings).
Ø BIOSOCIAL BEHAVIOR – A person’s biological heritage, plus his environment and social heritage, Influence his social activity. It is through the reciprocal actions of his biological and social heritages that a person’s personality is developed.
Ø LOGOMACY – A statement that we would have no crime if we had no criminal law, and that we could eliminate all crime merely by abolishing all criminal laws.
Ø Cretinism – A disease associated with prenatal thyroid deficiency and subsequent thyroid inactivity, marked by physical deformities, arrested development, goiter, and various forms of mental retardation, including imbecility.
Ø Crime Statistics – A reported instance of a crime recorded in a systematic classification.
Ø Euthanasia – It signifies the release from life given sufferer from an incurable and painful disease.
Ø Alienist – This is a term applied to a specialist in the study of mental disorders sometimes interchangeably used with psychiatrist.
Ø Regionalism - Crime rates not only vary from one relation to another, but also generally among the several sections of each section of each nation. Such that the rate of convictions for homicides per million populations varies widely in different regions in the whole Philippines.
Ø Crime Index - The Crime Index is composed of selected offenses used to gauge fluctuations in the overall volume and rate of crime reported to law enforcement. The offenses included are the violent crimes of murder, forcible rape, robbery, and aggravated assault, and the property crimes of burglary, larceny-theft, and motor vehicle theft.
Ø Home – cradle of human personality
Ø Bad neighborhood – areas or places in which dwellings or housing conditions are dilapidated, unsanitary, unhealthy, which are therefore, detrimental to the morale, health and safety of the populace.
Ø Broken Home – legal separation, de facto separation between parents, or natural separation, or lack of interest on the part of the parents in the welfare of the children. One factor of juvenile delinquency
Ø School – is a strategic position to prevent crime and delinquency.
Ø Government – the organized authority that enforces the laws of the land and one of the most powerful in the control of the people.
Ø Criminal Psychology
Ø Psychology – is a branch of knowledge regarding human behavior.
Ø Criminal Psychology – study of criminal activities, behavior and conduct in an attempt to discover intermittent patterns and to create set of laws about his behavior.
Ø Kinds of Behavior
Ø Simple or Complex – classified based on number of neurons involved. If there is less neurons in certain act, it is simple. If there is more then it is complex behavior.
Ø Overt or Covert – overt behavior is observable while covert is not visible to the naked eye or hidden
Ø Conscious of Unconscious – considered conscious when a person is aware of his actions and if not then it is considered unconscious.
Ø Rational or Irrational – rational when it is don with sanity while irrational is done without knowing the nature and consequences of the actions
Ø Voluntary of Involuntary – voluntary is an act done willingly while the involuntary is the body activities and processes which we cannot stop.
Ø Aspects of Behavior
Ø Attitude/Value – pertains to our likes and dislikes or our interest toward something
Ø Emotional – concerns with our feelings, moods, temper
Ø Intellectual – mental processes such as decision making, reasoning and solving problems
Ø Moral – pertains to conscience whether the action done is good or bad.
Ø Psychosexual – concerns to our state of being whether man or woman
Ø Criminal Formula
According to Abrahamsen in his book entitled, “Crime and Human Mind” in 1945, he explained the causes of crime by this formula:
C = T + S
R
Where:
C – Crime/ Criminal Behavior (Act)
T – Tendency (Desire/Intent)
S – Situation (Opportunity)
R – Resistance to Temptation (Control)
n Sexual Behavior Leading to Sex Crimes
n Choice of Partner
Ø Auto Sexual – masturbation / self-gratification
Ø Bestiality – sex intercourse with animals
Ø Gerontophilia –erotic desire with elder person
Ø Incest – sexual relationship between people with blood relationship
Ø Pedophilia – sexual desire with a child
Ø Necrophilia – sexual perversion with a corpse or dead body.
n Mode of Expression
1. Algolagnia (Sado-Masochism) – sexual gratification is attained through pain or cruelty. Two classifications:
Ø Sadism – sexual pleasure is achieved through infliction of pain on the partner
Ø Masochism – sexual pleasure is obtained thru the infliction of pain to oneself
2. Oralism - the satisfaction is attained by the use of mouth or tongue.
Ø Anillingus – licking of the anus of the sexual partner
Ø Cunnillingus – this is attained by licking the female genitalia
Ø Fellatio – licking and sucking the male sex organ
Ø Number of Participants
Ø Triolism – three participants in one sexual activity
Ø Pluralism – also called “sexual festival” where there are several participants
Ø Part of the Body
Ø Frottage – rubbing or sex organ to the body parts of the partner to achieve gratification
Ø Partialism – sexual libido on any part of the body of a sexual partner
Ø Uranism – sexual happiness is attained thru the licking of partner’sbody(holding the breast/fingering of genital)
Ø Sodomy – insertion or penetration of the penis or object to the anus of the partner
Ø Sexual Reversal
Ø Fetishism – sexual enjoyment is achieved by looking at some body parts, underwear or any objects associated with the partner
Ø Homosexuality – sexual behavior is towards the same sex
Ø Transvetism – sexual satisfaction is achieved by wearing the apparel or underwear of the opposite sex
Ø Sexual Urge
Ø Nymphomania – sexual desire of a woman to have sex
Ø Satyriasis – sexual urge of a woman to have sex
Ø Visual Stimulus
Ø Scoptophilia – sexual behavior characterized by watching undress or nude people especially during sexual activity
Ø Voyeurism – sexual gratification is obtained thru watching person doing something which might undress herself in a private area. The maniac is called Peeping Tom who usually masturbates while doing his sexual behavior.
Ø Other Sexual Abnormalities
Ø Coprolalia – sexual happiness is attained by using obscene language while having sexual intercourse.
Ø Don Juanism – act of seducing women without permanency of sexual partner
Ø Exhibitionism – indecent exposure of sex organ to other people
>>>>>INTRODUCTION TO FORENSIC SCIENCES<<<<<
CHAPTER 10
INTRODUCTION TO CRIMINALISTICS
PERSONAL IDENTIFICATION/DACTYLOSCOPY
Dactyloscopy – (derived from the Latin words Dactyl = finger and Skopien – to study or examine) is the practical application of the science of fingerprints.
POLICE PHOTOGRAPHY/FORENSIC PHOTOGRAPHY
Photography = Derived from the Greek word “Phos” or “Photos” which means “light” and “Grapho” means “Writing” or “Graphia” meaning “to Draw”. Sir John F. W. Herschel coined the word photography when he first wrote a letter to Henry Fox Talbot.
Sir John F. W. Herschel Henry Fox Talbot
Is the art and science of reproducing image by means of light through some sensitized material with the aid of a camera, Lens and its accessories and the chemical process required in order to produced a photograph.
FORENSIC QUESTIONED DOCUMENT
Is that branch of criminalistics that deals with the examination of handwritings, typewriting, signatures through the use of scientific tools and instrumentation to determine authenticity or to prove forgery. Today, document examiners must also deal with the instruments used in the production of writings not just only the writings itself.
FORENSIC BALLISTICS
Ø Is the science of the motion of the projectile and the condition that affects their motion;
Ø It is a science in itself for it is an orderly arranged knowledge, which is a product of series of experimentation, observation and testing;
Ø Ballistics is not an exact science rather it is applied physics or applied science, which is subject to changes and improvement depending upon the demands of the modern civilization.
LEGAL MEDICINE/FORENSIC MEDICINE
LEGAL MEDICINE is a branch of medicine which deals with the application of medical knowledge to the purpose of law and in the administration of justice. It is the application of basic and clinical, medical and paramedical sciences to elucidate legal matters.
Originally, the terms legal medicine, forensic medicine, and medical jurisprudence are synonymous and, in common practice, are used interchangeably.
POLYGRAPHY/SCIENTIFIC LIE DETECTION AND INTERROGATION
Polygraphy = the scientific method of detecting deception with the aid or use of a polygraph instrument.
Polygraph = a delicately engineered instrument that simultaneously records the changes in respiration, electrodermal activity and cardiovascular activity.
Thomas Jefferson = firs person known who used the term Polygraph to described one of his inventions
Thomas Jefferson
CHAPTER 11
INTRODUCTION TO JUVENILE DELINQUENCY
JUVENILE
Refers to a person of tender year.
A minor, a youth or those who are not emancipated by law.
Those who are below the age of majority
Refers to a person below 18 years of age or those but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or conditions.
R.A. 6809 – an act lowering the age of majority from 21 to 18 and amending for such purpose E.O. 209.
Juvenile Delinquency
An act or omission committed by a minor which is not in conformity with the norms of society.
Any act, behavior or conduct which might be brought to court and judged whether such, is a violation of a law.
an act committed by a minor that violates the penal code of the government with authority over the place in which the act occurred.
Status Offense
ž Refers to an act or omission which if committed by an adult may not be considered punishable but which are generally considered wrong once committed by a minor such as: Truancy, curfew violation, loitering, running away from home without justifiable cause and others.
ž FAMILY – A GROUP OF PEOPLE BOUND BY TIES OF MARRIAGE AND BLOOD KINSHIP.
= A GROUP OF PEOPLE COMPOSED OF FATHER, MOTHER AND
CHILD.
= THE SMALLEST UNIT OF A SOCIETY.
= FOUNDATION OF NATION.
ž F – FATHER
ž A- AND
ž M – MOTHER
ž I – I (ME)
ž L – LOVE
ž Y – YOU
Causes of Juvenile Delinquency
ž The Family = the basic and most important social unit to affect children.
— Faulty development of the child
— Lack of Parental Guidance
— Parental Rejection
— Broken family
— Migration
— Single parent
— Conjugal, Nuclear vs. Extended family
ž The PRESIDENTIAL DECREE NO. 603
(The Child and Youth Welfare Code)
Title: The Child and Youth Welfare Code
Approved by: Pres. Ferdinand E. Marcos
Approved on: December 10, 1974
Effectivity: June 10, 1975 (six months upon approval)
Application of the Code:
Applies to all persons below 18 years of age (R.A. 6809) except those emancipated in accordance with law.
RIGHTS OF THE CHILD
the right to be born well with dignity and worth of a human being
the right to a wholesome family life that will provide him with love, care and understanding
the right to well rounded development of his personality
DUTIES OF PARENTS
to give him affection, companionship, and understanding
to extend to him the benefits of moral guidance, self-disciplined and religious instruction
to inculcate in him the value of industriousness, thrift and self-reliance
to supervise his activities including his recreation
to provide him with adequate support such as: food or sustenance, dwelling or shelter, clothing, medical assistance, education and transportation.
Parental Authority (Patria Potestas)
is the sum total of the rights of the parents over their an unemancipated child.
Joint Parental Authority
shall be exercise by both father and mother. In case of disagreement, the father’s decision shall prevail unless judicial order directs otherwise.
In case of separation of parents, no child under seven years of age shall be separated from his mother unless the court finds compelling reasons to do so.
Substitute Parental Authority
Grandparent, Oldest Brother and Sister at least 18 years of age, or relative who has actual custody of the child who treated such child as his own son.
Special Parental Authority (Loco Parentis)
exercise by teachers, principal of head of schools.
Parents Patriae
Collectively referred to as the "royal prerogative"
A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.
A doctrine where the State acts as the father to juvenile offenders who are not considered violators of the law but rather victims of parental neglect.
As to Legal Classification of a Child
Legitimate = born inside the marriage.
Illegitimate = born outside the marriage.
Legitimated = illegitimate child raise to the status of a legitimate child by subsequent marriage of his parents.
Adopted = a person who is raise to the status of legitimacy through adoption (juridical act).
>>>>>PHILIPPINE CRIMINAL JUSTICE SYSTEM<<<<<
CHAPTER 12
INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM
Criminal Justice System or simply CJS is define as:
The machinery which society uses in the prevention and control of crime. The process is the totality of the activities of law enforcers, prosecutors, defense lawyers, judges and corrections personnel, as well as those efforts of the mobilized community in crime prevention and control.
CONCEPT OF CJS IN THE UNITED STATES
CJS in the American context is initially made up of three (3) keys components – the police, the courts, the corrections:
Ø The police initiates the criminal justice process by the arrest of the criminal
Ø The court conducts the trial and impose the penalty if found guilty.
Ø The criminal is remanded to the prison or corrections not for the punishment but for treatment and rehabilitation.
CONCEPT OF THE PHILIPPINE CJS
The Philippine Criminal Justice System is made up of the various government agencies known as the pillars or components, which are responsible for the enforcement of the law and the administration of justice. These are the Police, the Prosecution, the Court, the Corrections and the mobilized Community. They comprised the Five (5) Pillars of the Criminal Justice System.
CJS BASIC FUNCTIONS AND PROCESSES
Ø The police or law enforcement pillar occupies the frontline of the CJS because they are regarded as the initiator of the system. They are the first contact of the law violator in the CJS process. It is the police that investigates, makes arrest and prepares evidence against the suspects needed to prosecute them.
Ø The prosecution pillar takes care of evaluating the evidence and formally charges the suspects before the court. It serves as screening process on whether to file a case based on evidence or dismiss the same. It determines what particular crime shall be formally filed and present the burden of proof against the suspect in the court
Ø The court pillar conducts arraignment and trial. It shall issue warrant of arrest if the accused is at large. It acquits the innocent and adjudicate penalty for the accused if found guilty.
Ø The correction pillar is responsible for the incarceration and rehabilitation of the convicted person in preparation to his/her reintegration to the community.
Ø The community pillar helps the penitent offender to become law-abiding citizen by accepting the ex-convict’s reentry and assists said penitent offender lead a new life as a responsible member of the society.
CRIME PREVENTION, DETERRENCE & CONTROL
Crime Prevention –involves all the measures designed to avert or avoid the commission of crime. It is effectively attain by the denial of opportunity for any crime to happen.
Crime Deterrence –pertains to the measures imposed upon by the State through the CJS so that criminals will be punished in accordance with the law to serve a lesson for others not to commit crime and for criminals to refrain from further committing crime.
Crime Control –is achieved by isolating the criminals for incarceration thereby effectively controlling them from further endangering the society thus protecting the public from harm and damage.
>>>>>Police Intelligence and Secret Service<<<<<
CJC-JCOP SUNDAY CLASS