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Criminology-It Is The Study Regarding Crime As A Social Phenomenon. It Includes Within Its Scope

This document provides an introduction to criminology. It defines criminology as the study of crime, criminals, and society's response to crime. It outlines the principal divisions of criminology, including criminal etiology, sociology of laws, and penology/corrections. It also discusses several schools of thought in criminology, including the classical school founded by Cesare Beccaria and Jeremy Bentham, the neo-classical school, and the positivist/Italian school founded by Cesare Lombroso, Raffaele Garofalo, and Enrico Ferri. The major areas of study in criminology are also summarized, such as criminal sociology, criminal law, law enforcement administration, and corrections

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0% found this document useful (0 votes)
3K views15 pages

Criminology-It Is The Study Regarding Crime As A Social Phenomenon. It Includes Within Its Scope

This document provides an introduction to criminology. It defines criminology as the study of crime, criminals, and society's response to crime. It outlines the principal divisions of criminology, including criminal etiology, sociology of laws, and penology/corrections. It also discusses several schools of thought in criminology, including the classical school founded by Cesare Beccaria and Jeremy Bentham, the neo-classical school, and the positivist/Italian school founded by Cesare Lombroso, Raffaele Garofalo, and Enrico Ferri. The major areas of study in criminology are also summarized, such as criminal sociology, criminal law, law enforcement administration, and corrections

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Bimboy Cueno
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© © All Rights Reserved
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Introduction to Criminology
By: Dean Bimboy C. Cueno, Crmgst., MSCJ
Foundation University

Criminology- it is the study regarding crime as a social phenomenon. It includes within its scope
the making of laws, the breaking of laws, and the reaction towards the breaking of laws (Sutherland
and Cressey). In its broadest meaning, it is the body of knowledge regarding crimes, criminals, and
the efforts of the society in suppressing and preventing them.

Principal Divisions of Criminology

1. Criminal Etiology – division of Criminology which studies the causes of crimes.


2. Sociology of Laws- scientific analysis of the conditions from which criminal laws are
developed.
3. Penology/Corrections- division of Criminology which scientifically analyze the correctional
methods, rehabilitation, and treatment of offenders.

Criminology studies the different factors that enhance the development of criminal behavior such
as:

a. Criminal Demography- study of the relationship between criminality and population.


b. Criminal Epidemiology- study of criminality in relation to spatial distribution in a
community.
c. Criminal Ecology- study of the relationship between environment and criminality.
d. Criminal Anthropology- study of criminality in relation to physical constitution of men.
e. Criminal psychology- study of human behavior in relation to criminality.
f. Criminal Psychiatry- study of mental and behavioral disorders in relation to criminality.
g. Victimology- study of the role of the victim in crime commission.

Other Concepts of Criminology

 Criminogenic Processes — explain human behavior and the experiences which help the
nature of a persons' personality as reaching mechanism. Factors and experiences in
connection thereto infringe differently upon different personalities producing conflict which is
the aspect of crime.

 Criminal Psychodynamics — study of mental process of criminals in action

 Dementia Praecox — a collective term of mental disorder that begins shortly after puberty
and leads to general failure of the mental faculties with the corresponding physiological
impairment.

 Delusion — a false belief about self cause by morbidity, paranoia and dementia praecox.

 Erotomania — a morbid propensity to love or make love; uncontrollable sexual desire by


members of either sex.

 Episodic criminal — a non criminal person who commits crime when under emotional stress.
 Logomacy — a statement that we would have no crime if we have no criminal law and that we
can eliminate crimes by merely abolishing criminal law.

 Kleptomaniac — an uncontrollable morbid propensity to steal. He is pathological stealer.


Masochism — a condition of sexual perversion in which a person derives pleasure from being
dominated or cruelly treated.

 Melancholia — a mental disorder characterized by excessive brooding and depression of


spirits. Megalomania- a mental disorder in which the subject thinks himself ad great or exalted.

 Criminalistics - the sum total application of all science in crime detection.

 Criminalist - a person who is trained in science of application of instruments and methods to


the detection of crime

Major Areas of Study in Criminology

1. Criminal Sociology- includes Fundamentals of Criminology, Juvenile Delinquency, Human


Behavior and Crisis Management, Ethics and community relation, and criminal Justice
system.
2. Criminal Law and Jurisprudence- covers the study of the Revised Penal Code and its
amendments, and other laws that are penal in nature; criminal procedure, and the law on
evidence.
3. Law Enforcement Administration- embraces police organization, operational planning,
patrol, industrial security management, intelligence and secret service, police record and
personnel management.
4. Criminalsitics- covers the following areas;
a. Dactyloscopy- the science of fingerprinting.
b. Police photography- . It is the application of photography to certain phases of Police work.
It is an art or science which deals with the study of the principles of photography, the
reproduction of photographic evidence, and its application to police work.
c. Polygraphy- the science which deals with the study of detecting deception.
d. Forensic Ballistics- study of the investigation and identification of firearms by means of the
ammunitions fired from the submitted suspected firearms.
e. Questioned document examination- Forensic science discipline pertaining to documents
in dispute in a court of law.
f. Forensic medicine- application of medical science to elucidate legal problems.
g. Forensic Chemistry- application of chemical principles in the solution of problems that
arise in connection with the administration of justice.
5. Crime Detection, Investigation and Prevention- consists of criminal investigation, arson
investigation, drug education and vice control, traffic management and accident
iinvestigation, and police report writing.
6. Corrections- deals with the institutional and non institutional correction system of
approach.

Criminologist

Is any person who is a graduate of the Degree of Criminology who has passed the examination for
Criminologists and is registered as such by the Board.
Republic Act 6506- An Act creating the Board of Examiners for Criminologists in the Philippines.

Schools of Thought

1. Classical School

This school lays stress on the crime and not on the person or criminal offender. In this approach,
punishment which is retributive and punitive, is standardized and proportioned to the gravity and
nature of the offense. It assumes that every individual is rational, has free will and knows the law.

The general proposition of this school is to make undesirable acts painful by attaching punishment
to them and to make the amount of pain entirely different so that the prospective criminal could
make his calculation on it and make it just sufficient so that the pain would exceed the pleasure.

Imposition of punishment must be the same for all individuals regardless of age, mentality,
social status, and their personal conditions.

The proponents of Classical School were Cesare Beccaria and Jeremy Bentham.

Cesare Beccaria- an Italian philosopher and politician best known for his “Essay on Crimes and
Punishment” treatise. He believed that the behavior of people with regards to their choice of action
is based on Hedonism humans beings choose those actions that give pleasure and avoid those that
brings pain.

Hedonism- every human action is motivated by the pursuit of pleasure (psychological hedonism)
or ought to be motivated by the pursuit of pleasure (moral hedonism). (Note that moral hedonism
presumes that it is possible not to be motivated by the pursuit of pleasure, but that it is unwise to
do so.) (https://www.reddit.com).

Jeremy Bentham- an English jurist, philosopher, legal and social reformer. Like Beccaria, he was
concerned with achieving the greatest happiness of the greatest number. He referred to his
philosophy of social control as Utilitarianism.

Utilitarianism- the good is what produces the greatest amount of happiness for the greatest
number of people (including oneself), even if it causes unhappiness to oneself
(https://www.reddit.com).

2. Neo-Classical School

It modifies the approach of the Classical School. It argues that since children and lunatics cannot
calculate pain and pleasure, they should not be regarded as criminals and as such they should
not be punished.

3. Positivist/Italian School

This school views crime as a social phenomenon and attaches importance to the criminal offenders.
The concept of guilt must be substituted with that of social behavior and like a sick person, the
criminal should be treated in a correctional institution. Criminal offenders should be considered
as part of and not apart from society.

It presumes that criminal behavior is caused by internal and external factors outside of the
individual`s control. It also argues that most serious crimes were committed by individuals who
were primitive or atavistic that is- who failed to evolve to a fully human and civilized state.
Auguste Comte- was a French thinker known as the "father of sociology." He developed
a philosophy he called "Positivism," in which he described human society as having developed
through three stages, the third of which he called the "positive" stage, dominated by scientific
thought. He was the first to apply the scientific method to the social world, and coined the
term sociology to describe the scientific study of human society. It was his hope that through such
endeavors, an understanding of human society could be achieved that would enable humankind to
progress to a higher level, in which the entire human race could function together as one
(http://www.newworldencyclopedia.org/)

The main exponents Positivists school were three eminent Italian criminologists namely: Cesare
Lombroso, Raffaele Garofalo and Enrico Ferri. It is for this reason that this school is also called
the Italian School of Criminology.

Cesare Lombroso -an Italian criminologist and physician, founder of the Italian School of Positivist
Criminology, often referred to as the father of criminology. Lombroso rejected the
established classical school, which held that crime was a characteristic trait of human nature.
Instead, Lombroso's theory of anthropological criminology essentially stated that criminality
was inherited, and that someone "born criminal" could be identified by physical defects, which
confirmed a criminal as savage or atavistic (Wikepedia.com).

Categories of Criminals according to Lombroso

1. Atavism or Born Criminals- born distinct due to physical stigmata or anomalies such as
long jaw, flattened nose, bulging eyes, curly hair, etc.
2. Criminaloids- these are those who are not born with physical stigmata but who are of such
mental make-up that displays anti-social conduct.
3. Insane criminals- these are those who commit crimes due to abnormalities or
psychological disorders. This type is not a born criminal, they become criminal as a result of
some changes in their brains which interfere with their ability to distinguish between right
and wrong.

Enrico Ferri- a student of Lombroso and was known as his best associate. He investigated social
and economic factors and postulated on crime prevention methods. He stressed out that society
needed protection against criminals which can be achieved through criminal law and penal policy.

Raffaele Garofalo- An Italian jurist and a student of Lombroso. Influenced by the Lombroso`s
theory which he found to have many shortcomings, he traced the roots of criminal behavior not to
physical features but to their psychological equivalents which he called moral anomalies/moral
inferiorities. According to this theory, natural crimes are found in all human societies regardless of
the views of lawmakers, and no society can disregard that.

Other Proponents of Positivist/Italian School

William Sheldon- was an American psychologist and numismatist. He created the field
of somatotyping that tried to correlate body types with behavior, intelligence and social
hierarchy illustrated by his Ivy League nude posture photos.

Body Type Physical Attributes Temperament


1. Ectomorph Small body, thin, droopy Cerebrotonic- full of complaints,
shoulders insomniac with chronic fatigue and
sensitive skin, nervous, self conscious,
introvert
2. Endomorph Round, fat, soft, round Viscerotonic- relaxed, jolly, lazy,
body comfortable, luxurious, extrovert
3. Mesomorph Muscular, athletic built Somotonic- active, dynamic, assertive,
aggressive, more prone to criminal activity
than ectomorphs and endomorphs

Types of Physique (Kretschmer)

a. Pyknic Type- round and fat bodies. They tend to commit fraud and deception.
b. Athletic Type- muscular body. Usually commit crimes of violence.
c. Asthenic Type- skinny and slender individual. Their crimes are petty theft.
d. Dysplastic or Mixed Type- unclear predominant type. Their offenses are against decency
and morality.

Charles Darwin- He is best known for his contributions to evolution theory. He concluded that
man developed from lower forms of life until he reached the highest stage of development.

Other Schools of Criminology

4. Cartographic/Geographical School

The proponents of this school were Adolph Quetelet and Andre Guerry. This schools is primarily
concerned with the distribution of crimes in certain areas, both geographical and social. It follows
the principle that a particular place or area shall be known for a particular type of crime depending
on the location or geography of the place and its social condition.

5. Socialist School

This schools is concerned with crime as a by-product and provided much material regarding the
variations in crime rates in association with variations in economic conditions. The socialist theory
was based on the writings of Karl Marx and Friedrich Engels.

6. Psychiatric School

This school emphasized on emotional disturbance acquired through social interaction as the main
cause of criminal behavior. This school focused on personality complex which asserts that crime is
caused by a lack of balance between the intellectual and emotional capacities of the individual.

7. Chicago school –

Arose in the early 20th century, through the work of Robert Park, Ernest Burgess and other urban
sociologist at the university of Chicago. Park and Burgess identified five concentric zones that often
exist as cities grow, including the zone in transition which was identified as most volatile and
subject to disorder.

The proponents of this school were Sigmund Freud, Alexander and Staub, Ellis and Smith

Sigmund Freud- the pioneer of psychoanalysis which stated that personality is made up of 3
elements:
1. The ID- the sets of instincts and basic drives
2. Ego- keeps Id and superego in balance
3. Superego- moral conscience

Psychoanalytic Theory- this theory blames criminal or delinquent behavior to a conscience that is
either so overbearing that it arouses feelings of guilt, or so weak that it cannot control the
individuals impulses and leads to a need for immediate gratification.

Alexander and Staub- believed that family is crucial to a healthy personality structure.

Ellis and Smith- noted that female offenders display aggressive behavior during immediate pre-
menstrual periods.

8. Socio-Social- Pscho School

The most varied and diverse school of criminology which views crimes as a result of social factors
such as poverty, subcultures, level of education, and other cultural forces. It emphasized on the
theory of imitation in crime causation.

Proponents of this school are: Edwin Sutherland, Emile Durkheim, Gabriel Tarde, Thorsten
Sellin

Edwin Sutherland

Known as the Dean of Modern Criminology and a proponent of Differential Association Theory.

Emile Durkheim

A proponent of Anomie theory which suggests that complicated, industrialized societies promote
isolation of the individual. People became specialized in their activities and are expected to survive
on an individual rather than group basis. Anomie is a "condition in which society provides
little moral guidance to individuals".It is the breakdown of social bonds between an individual
and the community

Gabriel Tarde

Proponent of Imitation-Suggestion Theory which states that delinquency and criminal matters are
learned and adopted. The learning process may either be conscious type of copying (imitation) or
unconscious copying (suggestion) of confronting pattern of behavior.

Thorsten Sellin

Proponent of Conflict of Culture theory which asserts that the multiplicity of incompatible cultures
is the main source of social disorganization.

Other Contributors in Criminology

1. Alphonse Bertillon- a French Law enforcement officer and biometrics researcher who
formulated the Anthropometry- an identification system based on the physical
measurements of the person. It was the first scientific system police used in the
identification of criminals.
2. Willem Adrian Bonger- Dutch criminologists believed in the casual link between crime and
economic and social contributions. He asserted that crime is social in origin and a normal
response to the prevailing cultural conditions. An international authority in criminology
who classified crimes by motives of the offender as economic crimes, sexual crimes, political
crimes, and vengeance as the principal motives.
3. Adolph Quetelet- made use of data and statistical analysis to gain insight into relationship
between crime and sociological factors such as age, gender, poverty, and education.
4. Charles Goring- he studied the mental characteristics of 3,000 convicts. He uncovered a
significant relationship between crime and a condition he referred to as defective
intelligence which involves such traits as feeblemindedness, insanity and defective social
instinct. He believed that criminal characteristics are inherited and that people with such
traits should not be allowed to reproduce.
5. Albert Cohen (1918) - Advocated the “SUBCULTURE THEORY” and “DELIQUENCY
THEORY”. He includes the explanation of prevalence, origin, process and purpose, as factor
to crime.
6. Erving Golfman and Howard Becker (1922-1982) - the advocate of the”LABELING
THEORY” the theory maintains that interaction cause them to behave criminally when one
or both interpretation of the meaning of such interaction is wrong.
7. Charles Darwin - his theory maintains that man is an organism which is parasite and has an
animalistic behavior.

Early Explanations of the Causes/Existence of Crime

1. Crime is caused by a Demon


2. Crime is caused by divine will
3. Crime is a matter of retribution
4. Crime is equal to sin

Types of Explanation to Criminal Behavior

1. Single or Unitary Cause- Crime is only caused by one factor may it be social, biological, or
mental.
2. Multiple Factor Theory- crime is not a product of a single cause but a combination of
several factors.
3. Electric Theory- crime is one instance maybe caused by one factor while in other instances
may be caused by several set of factors.

Biological Causes of Crimes

Family Studies

a. Juke Family Tree (Richard Dugdale)

The family consisted of 6 girls, some of whom were illegitimate. One of them was Ada Juke known
as the “Mother of Criminals.” 1,200 descendants for 75 years were traced and found out that that
there were 280 paupers, 60 thieves, 7 murderers, 40 other criminals, 40 with sexual diseases, 300
infants prematurely born, 50 prostitutes and 30 who were prosecuted for bastardy.

b. Kalikak Family (Henry Goddard)

Martin Kalikak was a revolutionary war soldier who met a feeble minded girl and had illicit
relationship with her. About 489 descendants from this lineage were traced which included 143
feeble minded and 46 normal. 36 were illegitimate, 3 epileptics, 3 criminals, 8 kept brothels, and 82
died in infancy.
c. Sir Jonathan Edward`s Family

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. Rather, many became presidents of the
United States, governors, famous writers, preachers and teachers.

Physiognomy

It is the study of facial features of a person in relation to his criminal behavior. This is done by
determining the shape of the ears, nose, and eyes and distance between them. This approach was
first used by Cesare Beccaria. Arrogant nose, bald men and bearded women are criminal
inclinations according to this approach.

Phrenology/Craniology

It is the study of the external formation of the skull indicating the conformation of the brain and the
development of its various parts in relation to the behavior of the person.

Mental Disturbances

1. Mental Deficiency- this is a condition of arrested or incomplete development of the mind


existing before the age of eighteen arising from inherited causes or induced by disease or
injury.

Classes:

a. Idiots- persons with mental defect to a degree that they are unable to guard themselves
against common physical dangers, their mentality is compared to a 2 year old child.
b. Imbeciles- persons whose state of mind is similar to a child 3 to 7 years old. It does not
amount to idiocy but is incapable of managing themselves or their affairs.
c. Feeble minded- persons whose state of mind manifest cases where there exist mental
defectiveness that do not amount to imbecility. Person in this state requires care,
supervision, and control for their own or from others.
d. Morally defective- persons with strong vicious or criminal propensities. In the case of
children, they appear to be permanently incapable of receiving benefits from proper
instruction in ordinary schools.

2. Psychosis- a severe mental disorder in which thought and emotions are so impaired that
contact is lost with external reality. It is an abnormal condition of the mind described as
involving a "loss of contact with reality".

People with psychosis normally have the following:

a. Hallucinations- A sensory perception in the absence of external stimuli. Hallucinations are


different from illusions, or perceptual distortions, which are the misperception of external
stimuli. Hallucinations may occur in any of the senses and take on almost any form, which
may include simple sensations (such as lights, colors, tastes, and smells) to experiences such
as seeing and interacting with fully formed animals and people, hearing voices, and having
complex tactile sensations.
b. Delusions- are false beliefs that a person holds on to, without adequate evidence. It can be
difficult to change the belief, even with evidence to the contrary. Common themes of
delusions are persecutory (person believes that others are out to harm them), grandiose
(person believing that they have special powers or skills), etc.
Karl Jaspers has classified psychotic delusions into primary and secondary types.
Primary delusions- are defined as arising suddenly and not being comprehensible in terms of
normal mental processes.
Secondary delusions -are typically understood as being influenced by the person's
background or current situation (e.g., ethnicity; also religious, superstitious, or political beliefs).
c. Schizophrenia- is a mental disorder characterized by abnormal social behavior and failure
to understand reality. This is manifested by delusion and illusion. Common symptoms
include false beliefs, unclear or confused thinking, hearing voices, reduced social
engagement and emotional expression, and a lack of motivation.
d. Paranoia- is a thought process believed to be heavily influenced by anxiety or fear, often to
the point of delusion andirrationality.[1] Paranoid thinking typically includes persecutory, or
beliefs of conspiracy concerning a perceived threat towards oneself (e.g. "Everyone is out to
get me"). Paranoia is distinct from phobias, which also involve irrational fear, but usually no
blame. Making false accusations and the general distrust of others also frequently
accompany paranoia. For example, an incident most people would view as
an accident or coincidence, a paranoid person might believe was intentional.

3. Neurosis- a relatively mild mental illness that is not caused by organic disease, involving
symptoms of stress (depression, anxiety, obsessive behavior, hypochondria) but not a
radical loss of touch with reality. They may impair a person’s functioning in virtually any
area of his life, relationships, or external affairs, but they are not severe enough to
incapacitate the person.

Common Neuroses

a. Neurasthenia- manifests fatigue and nervousness and sometimes pain. It is an ill-defined


medical condition characterized by lassitude, fatigue, headache, and irritability, associated
chiefly with emotional disturbance.
b. Anxiety- a feeling of worry, nervousness, or unease, typically about an imminent event or
something with an uncertain outcome.
c. Obsessive-Compulsive Neurosis-uncontrollable or irresistible impulse to do something.
This may be in the form of the following:
1. Kleptomania- the compulsive desire to steal.
2. Dipsomania- compulsive desire to drink alcohol.
3. Pyromania- compulsive desire to set fire
4. Homicidal compulsion- the irresistible urge to kill somebody.
d. Hysteria- this refers to an unhealthy or senseless emotional outbursts coupled with violent
emotional outbreaks.
e. Phobia- exaggerated fear of things that normal people fear only in some degree, and fear
on things that ordinary people do not.
f. Depression- a state of unpleasantness, despair, rejection, and hurt.

Sexual Deviation - a type of mental disorder characterized by a


preference for or obsession with unusual sexual practices.

Exhibitionism - a mental condition characterized by the


compulsion to display one's genitals in public.
Fetishism - is sexual attraction to objects, situations, or
body parts not traditionally viewed as sexual.

Paraphilia - a condition characterized by abnormal sexual


desires, typically involving extreme or dangerous activities.

Pedophilia - sexual feelings directed toward children.

Sadomasochism - is the giving or receiving of pleasure,


sometimes sexual, from acts involving the infliction or
reception of pain or humiliation.

Sadism - the tendency to derive pleasure, especially sexual


gratification, from inflicting pain, suffering, or humiliation
on others.

Transvestism (also called transvestitism) - is the practice


of dressing and acting in a style or manner traditionally
associated with another gender.

Masochism - the tendency to derive pleasure, especially


sexual gratification, from one's own pain or humiliation.

Voyeurism - Watching others while naked or having sex,


generally without their knowledge; also known as scopophilia
or scoptophilia.

Zoophilia - is a paraphilia involving cross-species sexual


activity between human and non-human animals or a fixation
on such practice.

Incest- sexual intercourse with relatives

Theoretical Explanations of Criminality

1. Differential Association Theory (by Edwin Sutherland)- it assumes that persons who
become criminal do so because of contacts with criminal patterns within the society. It
asserts that behavior can be best learned through association with the members of the
society.
2. Social Disorganization Theory (Henry Mckay and Clifford Shaw)- postulates that
neighborhood plagued with poverty and economic deprivation tend to experience high
rates of population turnover. With high turn-over, informal social structure often fails to
develop which in turn makes it difficult to maintain social order in a community.
3. Anomie theory (Emile Durkheim)- if social and moral norms are confusing, unclear, or
not present crime will occur. The lack of norms or pre-accepted limits of behavior in a
society led to deviant behavior.
4. Demonology Theory- a theory which suggests that people commit crimes due to the
influence of spirits or demons.
5. Labeling Theory- it states that the reaction of other people and the immediate effects of
these reactions create deviance.
6. Strain Theory- it postulates that crime is a function of the conflict between the goals people
have and the means they can use to achieve them.

Geographical Causes of Crimes

1. Season of the Year-crimes against persons are more in summer while crimes against
property are rampant during rainy season
2. Soil Formation-crimes are more in fertile land than in hilly, rugged terrain.
3. Month of the year-more violent crimes during warm months
4. Temperature- increase in temperature can lead to increase crimes

Sociological causes of crimes

1. Lack of parental guidance


2. Broken homes
3. Employment shortage
4. Influence of mass media
5. Others

Classification of Criminal
1 Acute Criminal- one who commits crime due to fit of passion
2 Chronic Criminal- one who plans the commission of crime ahead of time
3 Ordinary Criminal- lowest mammal in criminal profession
4 Professional Criminal- engaged in criminal activities with a high degree of skill
5 Active Criminal- commits crime due to aggressiveness
6 Passive Criminal- commits crime due to reward or promise
7 Socialized Delinquent- one who lacks proper moral values due to defective socialization
process.
8 Accidental Criminal- one who commits crime when the situation is conducive
Habitual Criminal- one who commits crime due to lack of self control

Formula of Crime (Abrahamsen) S +T/R

Anatomy of Crime= Intent, instrumentality, and opportunity

Law- general rule of conduct, just, obligatory, laid by legitimate power for common observance and
benefit.

Basic Principles of Application of Criminal Laws


1. Generality
2. Prospectivity
3. Territoriality

Sources of Criminal Law

1. Common Law- body of customs, practices, traditions, and precedents developed overtime
without formal legislative process.
Types:

a. Divine Law
b. Natural Law
c. Moral law
2. Statutory Law- laws that are developed through formal legislative process.

Rules on jurisdiction over private or merchant vessels while in the


territory of another country
On foreign merchant vessels, there are two rules that are followed:

1) FRENCH RULE – that crimes committed on board a foreign merchant vessel while on the waters
of another country are not triable in that country unless those affecting the peace and security of
that country or the safety of that state is endangered.

2) ENGLISH RULE – that such crimes are triable in that country unless such crimes affect merely the
internal management of the vessel. This is also known as the Anglo-American Rule. This is the rule
that we followed in our jurisdiction – (US vs. Bull- 15 Phil. 7).This includes continuing crime
committed on board a foreign vessel sailing from a foreign port and which enters Philippine waters
is triable in our courts

Criminal Law- branch or division of law which defines crime, treats of their nature and provides
for their punishment.

Crime- as an act or omission in violation of the existing laws.

Stages In The Execution Of A Crime

1. Attempted Stage - a stage in the execution of a crime where the offender commences
commission of a felony directly by over acts, and does NOT perform all acts of execution which
should produce the felony
by reason of some cause or accident other his spontaneous desistance.

2. Frustrated Stage - a stage in the execution of a crime where the offender performs all the acts of
execution which would produce the felony as a consequence but which, nevertheless, do not
produce it due to some cause independent of the will of the perpetrator.

3. Consummated Stage - a stage in the execution of a crime where all the elements necessary for
its execution and accomplishments are present.

General Classification of Crimes

1. Felony- acts and omissions that violate the Revised Penal Code or the Criminal Law.
2. Misdemeanor/Infraction- acts and omissions which violate the city or municipal ordinance
3. Offense- acts and omissions which violate any special laws

Classifcation of Crimes according to the Mode/Manner of Commission

1. Formal Crime- crimes which are consummated in one instant or by a single act.
2. Material crimes- crimes which necessitates the three stages of execution.
Classification of Crime according to its Plurality

1. Simple Crime – a single act which constitutes only one offense.


2. Complex Crime- when a single act constitutes two or more grave felonies (Compound) or
when an offense is a necessary means for committing another (complex Crime Proper) .

Classification of Crimes According to its result

1. Acquisitive Crime- When the offender acquires something as a consequence of his criminal
act.
2. Extinctive Crime- when the end result of a criminal act is destructive.

Classification of Crimes According to the Period of Commission

1. Seasonal Crimes- those committed only during a certain period of the year.
2. Situational crimes- those committed only when given the situation or when the
opportunity arises.

Classification of Crimes According to the Time of Commission

1. Instant Crimes- those committed in the shortest possible time (simple Crimes).
2. Episodal Crimes-those committed by a series of acts undertaken in a lengthy space of time
(Complex Crimes)

Classification of Crimes According to the location of Commission

1. Static Crimes- hose committed in one place only.


2. Continuing Crimes- those that can be committed in several places.

Classification of Crimes According to the Mental Faculties

1. Rational crimes- those committed in the possession of sanity.


2. Irrational crimes- those committed by persons who do not know the nature and quality of
their acts.

Classification of Crimes According to the type of Offenders

1. White Collar Crimes- those committed by persons in the higher or upper socio economic
status.
2. Blue collar crimes- those committed by ordinary persons

Classification of Crimes According to the nature of acts prohibited

1. Mala in Se- crimes that are evil or wrong in itself.


2. Mala prohibita- these are crimes that are considered illegal because laws define them as
such.

Classification of Crimes According to the Gravity of Penalty

1. Grave felonies- those which attaches capital punishment or afflictive penalties.


2. Less grave felonies- penalties from arresto mayor to prision correctional including
distierro and suspension.
3. Light penalties- infractions of law or those crimes punishable by arresto menor.

Classification of Crimes According to the Criminal Law

1. Crimes against national security and the law of nations- Ex: treason, espionage, piracy
2. Crimes against the fundamental law of the state- Ex: arbitrary detention
3. Crimes against public interest- Ex: forgery, falsification, fraud
4. Crimes against public morals- Ex: gambling, prostitution
5. Crime committed by public officers- Ex: bribery, corruption, malversation
6. Crimes against persons- murder, homicide
7. Crimes against personal liberty and security- Ex: kidnapping, exploitation of minors, illegal
detention
8. Crimes against property- Ex: robbery, theft
9. Crimes against chastity- Ex: adultery, concubinage, rape
10. Crimes against the civil status of persons- Ex: bigamy
11. Crimes against honor- Ex: libel, slander

Classification of Criminals (under RPC)

1. Recidivist- is one who at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the RPC.
2. Quasi-recidivist- is one who commits another crime after having been convicted by final
judgment of a crime before beginning to serve such sentence or while serving the same.
3. Habitual delinquent- is one who within the period of ten years from the date of his release
or last conviction of the crimes of serious or less serious physical injuries, robbery, estafa or
falsification is found guilty of any of the said crimes for the third time or oftener.
4. Reiteration/Habituality- Where the offender has been previously punished for an offense to
which the law attaches an equal or greater penalty or for two crimes to which it attaches a
lighter penalty. Previous offenses must not be in the same title in the RPC.

Crime Volume

It is the number of crime incidents committed in a given area over a period of time which include
the index and non index crimes.

CV= IC + NIC

Index crimes

Are crimes which are serious in nature and which occur with sufficient frequency and regularity
such that they can serve as an index to the crime causation. Only the crimes of murder, homicide,
physical injury (serious and less serious), carnapping, cattle rustling, robbery, theft and rape are
considered as index crimes.

Crime Rate- number of crime incidents in a given period of time for every 100,000 inhabitants of
an area.
(Number of Crimes / Population) x 100,000 = Crime Rate Per 100,000

Example: In 2010 there were 58,100 robberies in Samar and the population was 38,826,898. This
equals a robbery crime rate of 149.6 per 100,000 general population

Crime Solution Efficiency (CSE)

It is the percentage of solved cases out of the total number of crime incidents handled by law
enforcement agencies for a given period of time.

CSE=Solved Cases divided by Crime Volume multiplied by 100

Crime Clearance Efficiency (CCE)

It is the percentage of cleared cases out of the total number of crime incidents handled by law
enforcement agencies for a given period of time.

CCE= CC/CV multiplied by 100

Note: A case is solved when the offender has been identified and there is sufficient evidence to
charge him, the offender has been taken into custody, and the offender has been charged before the
prosecutors office, or when some elements beyond police officers control prevent the arrest of the
offender. When a case is no longer being investigated and is not assigned to an investigator, the case
is closed.

Note: a case is cleared when at least one of the offenders has been identified, there is sufficient
evidence to charge the suspect, and he has been charged before the prosecutor`s office. A case is
considered “solved” if the culprit was arrested and charges filed in court. cases were considered
“cleared,” which means that although the suspect was identified, he or she was still at large.

National Crime Reporting System (NCRS) consists of details of the crime which includes the
victim and offenders data.

Police Regional Office Periodic Report- concerned with the 5 Ws and 1 H, so as the result of
the investigation.

Victimology-the branch of criminology which examines the role played by the victim in a criminal
incident. In simpler terms, it is the study of the victims in his or her relationship with the offender.

Victim precipitation theory – states that a victim has contribution in his own victimization.

“The distance between studying and passing is the same distance between your knees and the ground.”
Dean Cueno,2013

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