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Criminology Memory Aid 2017

INTRODUCTION TO CRIMINOLOGY WITH PSYCHOLOGY OF CRIMES


Introduction to Criminology with Psychology of Crimes
This course presents an overview of the lawlessness which hampers economic growth,
different schools of thought in criminology; theories undermines political stability and jeopardizes
that explain criminal behavior; techniques for internal safety and security. The would be foreign
measuring the characteristics of criminals, crime investors could not come and transact business in
and victims; the interrelatedness of theory, policy the country due to the different threats and dangers
and practice in the criminal justice system; and that might be vast sources of jobs for our
current issues and studies in criminology. countrymen. Likewise, nobody could just go home
anytime he wishes because of the possible loss of
Rationale:
life, limb of properties. Consequently, crime
The study of this course is of vital prevention and control remains a top priority of the
importance to the student for it provides a bird’s eye government. Apparently, a variety of measures are
view in the process of studying criminology as a being used to counteract the growing menace of
body of knowledge and to other allied subjects. It crime such as improvement of judicial system,
treats primarily on the analysis of the causes of legislation of penal laws, reorganization of police
crimes, the development of laws in controlling and agencies and correctional institutions and providing
preventing crimes and the punishment of treatment financial assistance to offenders for the to join the
of criminal offenders. fold of society. The criminal justice system is trying
its best to reduce criminality, maintain peace and
Objectives: order and ensure public safety and the internal
At the end of the course, the students should security in the country in order to protect its
be able to: constituents. All of the components of the said
justice system coordinated with each other and they
1. Know the importance, purposes, nature are working hand on hand in order to give justice to
and scope of criminology as a field of the offended party by imposing the proper
interest; punishment for the offender. All the pillars play
2. Define criminology, crime, criminal law very important and crucial role in preventing,
and other important concepts in controlling, and reducing crime because this is
understanding criminology; really everybody’s concern. However, we should
3. Trace the development of criminology also consider the causes of it. Thus, the problem
by discussing the theories of crime will be eradicated straight from its roots.
causation;
4. Recognize the contributions of the
pioneers of criminology regarding the What is CRIMINOLOGY?
explanation of crime causation;
5. Explain the criminal formula or the birth The word criminology was derived from the
of crime and Latin word: Crimen which means crime of
6. Understand the Philippine Criminal Law violation of the law and Greek word: Logia,
and to know about R.A. 6506. meaning study of, therefore, criminology is simply
defined as the study of crime as a social
FUNDAMENTALS phenomenon.
Since time immemorial, everybody has been It is and interdisciplinary field in the
dreaming to have a peaceful, secure and stable behavioral sciences related in the study of society as
community. Unfortunately, it has a remained a
dream in the Philippine society today because of
a whole (Sociology) and study of human and animal asking, Is Criminology a Science or an Art? Before
behavior (Psychology). we answer that question, we should make a
distinction first between science and art. SCIENCE
In 1885, Italian Law Professor Raffaele
in its broadest sense, came from the Latin word
Garofalo coined the term “Criminology” (in Italian,
Scientia, meaning “Knowledge”. It refers to any
Criminologia)
systematic knowledge or practice. In its more usual
In 1889, French Anthropologist Paul restricted sense, science refers to a system of
Topinard used it for the first time in French acquiring knowledge based on scientific method, as
criminologie. well as to the organized body of knowledge gain
through research. In it simplest sense, it is defined
This branch of knowledge also attempts to as the systematized body of knowledge.
scientifically analyze the causes of crimes and
delinquency together with the corresponding On the other hand, ART refers to the use of
prevention and control measures that can be skill and imagination in the creation of aesthetic
adopted. objects, environment or experiences that can be
shared with others.
It is also referring to the entire body of
knowledge regarding crimes, criminals and the According to George Wilker, a know
effort of the society to prevent and repress the. criminologist, criminology cannot become a science
(Maglinao.) because it has not yet acquired universal validity
and acceptance. Laws in one country are different in
Likewise, this discipline deals with the another country. The acts that are accepted in one
origin nature, extent and explanations on how and society might be considered violations in other
why crimes exist the individual and collective society. That is why criminology cannot be
characteristics of law violators, their organizations considered as an absolute science. However, Edwin
and the problems encountered in the management Sutherland who is known as the Dean of Modern
and supervision of correctional institutions for the Criminology hoped that it will become a science in
treatment of the latter. the future, since the causes of crimes are almost the
PRINCIPAL DIVISIONS OF CRIMINOLOGY same. It might be a Biological, Environmental or
combination of the tow. For example, many
In its narrowest sense, criminology is the committed crimes against property like robbery and
scientific study of crimes and criminals which is theft because of economic difficulty. This cause is
divided into three principal divisions. the same almost everywhere across the planet.
1.Etiology of Crimes Criminology is a systematized and objective
It is the scientific analysis of the causation study of crimes and criminals as a social
of crimes and the behavior of the criminal. phenomenon. Generally, it is not an absolute
science because its principles have not yet acquired
2. Sociology of Laws universal validity and acceptance. It is not fixed or
It refers to the investigations of the nature of stable and it varies from one time and place to
criminal law and its administration. another. However, it is a science itself especially
when under the following nature:
3. Penology
1. Dynamic
It is the study of the control of crimes, and
the rehabilitation of the offender. The body of knowledge about crimes and
criminals changes as the social condition changes. It
NATURE OF CRIMINOLOGY (DANS) is not fixed nor permanent instead it varies from
Many are still confused about the nature of one place to another.
Criminology as a body of knowledge. People are
2. Applied Science University of Baguio and in all regions of the
country.
The study of the causes of crimes,
psychology, anthropology and other natural The Board of Examiners for Criminology
sciences may be applied. In scientific crime was created on July, 1 1972, pursuant to Republic
detection, different branches of criminalistics like Act No. 6506 entitled “An Act Creating the Board
Forensic Chemistry and Toxicology, Legal of Examiners for Criminologists in the Philippines
Medicine, Questioned Document Examinations, and for other Purposes.”
Dactyloscopy and others may be used.
The first Board, constituted in 1987, was
3. Nationalistic composed of Dr. Sixto O. De Leon as Chairman,
Atty. Virgilio B. Andres and Jaime S. Navarro as
The study of criminology must be in relation
Members.
with existing penal law within a specific territory
because and act in one country may be considered a On that same year, the Syllabi of Subjects in
crime but not in other countries. the licensure examinations for Criminologist was
promulgated. A month after it, the Criminology
4. Social Science
program became one of the most popular disciplines
Crime is considered part of the social in the country.
science because it’s a creation of men who are
Who is a Criminologist?
members of the society.
He is any person who is a graduate with the
BRIEF HISTORY OF CRIMINOLOGY
degree of Bachelor of Science in Criminology, who
The study of criminology started in Europe has passed the examination for criminologist and is
when the Founder of the Positivist School of registered as such by the Board of Examiners of the
Thought, Dr. Cesare Lombroso advocated the Professional Regulation Commission. (RA 6506)
theory of crime can be attributed to a hereditary
After passing the Board Exam for
predisposition in certain individuals.
Criminology, you will be called as Registered/
In the later part of the 19th century, Licensed/ Certified Criminologists and can now
criminology was accepted as a field of study by the exercise the privileges of your chosen profession.
department of sociology in the United States of
PRACTICE OF CRIMINOLOGY
America and many American sociologists became
interested on it because they were impressed in the A person is deemed to be engaged in the
Lombrosorian’s arguments, but not until about 1915 practice of Criminology if he holds himself out of
where in the environment factors became more the public in any of the following capacities:
popular and accepted as the causes of criminality.
1. As a professor, instructor or teacher in
In the Philippines, the first school of Criminology in any university, college or school
criminology was established and founder by Manila duly recognized by the government and teaches any
Major Police Eliseo Vibar, Dr. Pedro Solos of the of the following subjects;
National Bureau of Investigation, Supreme Court
a. Law Enforcement Administration;
Associate Justice Felix Angelo Bautista and others
on the 1950’s at Sta. Cruz, Manila. This Pioneering b. Criminalistics;
School for scientific crime detection and
c. Correctional Administration;
investigation in the country and Southeast Asia was
the Plaridel Educational Institution, now known d. Criminal Sociology and allied subjects;
as the Philippine College of Criminology (PCCR).
In the University of Manila, Abad Santos College,
University of Visayas, University of Mindanao,
e. Other technical and specialized subjects in of inspector to fill up any vacancy after
the Criminology curriculum provided by the promotions from the ranks are completed.
Commission on Higher Education.
THEORETICAL APPROACHES OF
2. As law enforcement administrator, executive, CRIME (SOC)
adviser, consultant or agent in any government or
Crime is an act or omission
private agency;
punishable by law. There are several
3. As technician in dactyloscopy, ballistics, explanations why and how crimes are
questions documents, police photography, lie committed.
detection, forensic chemistry and other scientific
The following are the most popular
aspects of crime detection:
and generally accepted theories of crimes:
4. As correctional administrator, executive
1. Subjective Approaches (BAM- 4P)
supervisor, worker or officer in any correctional and
This approach deals primarily on the
penal institution: or
biological explanation on how and why
5. As counselor, expert, adviser, researcher in any crimes are committed. It discusses the
government or private agency on any aspects of forms of abnormalities that present in the
criminal research or project involving the causes of individual perpetrator/ malefactor
crime, juvenile delinquency, treatment of offenders, before, during and after the violation of
police operations, law enforcement administration, the laws. Included under this approach
scientific criminal investigation or public welfare are:
administration. A. Biological
According to Taft, heredity is one
WHAT ARE THE PRIVILEGES OF A
major factor why the person commits
REGISTERED CRIMINOLOGIST?
crime. As the saying says, “Like
All certified criminologist shall be exempt Father, Like Son.” or “It is in the
from taking any other entrance or qualifying blood.”
government or civil service examinations and shall B. Anthropological
be considered civil service eligible to the following This deals with the study on the
government positions: physical features/ characteristics of
an individual criminal with non-
1. Dactylographer; criminal to determine differences
2. Ballistician; covering criminal behavior. (Hooton)
3. Questioned Document Examiner;
C. Medical
4. Correctional Officer; The science of medicine explains the
5. Law Enforcement Photographer; mental and physical conditions of the
6. Lie Detection Examiner; person prior and after the
7. Probation Officer; commission of the crime. (Positivist)
8. Agents in any Law Enforcement D. Physiological
Agency; Maslow advocated the Hierarchy of
9. Security Officer; Needs. Maslow’s hierarchy of needs
10. Criminal Investigator; or states that individuals’ main needs
11. Police Laboratory Technician. are satisfied in the following
Under Republic Act 8551 also known as the sequence: physiological; security and
Philippine National Police reform and safety; love, belongingness and sex;
Reorganization Act of 1998 licensed self- esteem; and self- actualization.
criminologists may be appointed to the rank He explained that the deprivation of
the primary needs of a person is a
strong factor in the commission of a. Geographic
crime. It considers topography,
natural resources, geographical
According to this hierarchy, location and climate which push
people are motivated to satisfy their a person to commit crimes.
need for food first and to satisfy their (Quetelet)
need for safety before their need for b. Socio- Cultural
love. According to King (2009) if we Cohen affirms that
think of our needs as calls for action, institutions, education, politics
hunger and safety needs below and religion are major factors in
loudly, while the need for self- the commission of crimes.
actualization beckons with a c. Ecological
whisper. Maslow asserted that the According to Park, this
lower the needs in the hierarchy approach deals with the biotic
come from deficiencies such as grouping of men resulting to
hungry, lonely, or afraid and that we migration, competition, social
see the higher- level needs in a discrimination, division of labor
person who is relatively sated in and social conflict as influences
these basic needs. Such an individual to the commission of crimes.
can turn his or her attention to the d. Economic
fulfillment of a higher calling. Merton believed that poverty
E. Psychological or economic difficulty pushes a
According to Freud and person to commit crime in order
Maslow, the deprivation of the to support his and his families’
psychological needs of man needs.
contributed in the development of the 3. Contemporary Approach
deviations to normal behavior It is the combination of the different
resulting to repulsive sentiment and approaches to explain reasons or causes
action. for the commission of crimes, which
F. Psychiatric focuses on the psychoanalytical,
This explains that the mental psychiatric and sociological theories.
disease of the person is the reason SCHOOLS OF CRIMINOLOGY IN
why he infringed the existing norms DIFFERENT ERA
and laws of the land. In order that the concept of crimes
G. Psychoanalytical will be appreciated better, it is necessary
The imbalance state of Id, that the schools of thought in
Ego, Super ego, is the cause of the criminology with different types of
deviation of the Individual to the explanations to crimes should also be
normal pattern of rules and learned.
regulations present in the society. Below are the three (3) types of
To illustrate… explanations to existence of criminal
2. Objective Approaches (G- SEE) behavior.
It focuses on the study of group 1. Single/Unitary Theory
of individual, social processes and The crime is caused by only one
institutions as influences to and factor. It may be biological,
determiners of behavior. These are sociological or psychological.
mainly obtained from social sciences This theory is no longer used at
like: present.
2. Multiple Factor Theory B. That man is essentially a moral creature
Crime is produced by two or with an absolutely free will to choose
factors. between good and evil, thereby placing
3. Eclectic Theory more stress upon the effect or result of
In one situation, crime the felonious act the upon the man, the
resulted by one or more criminal himself.
factors while in other C. It has endeavored to establish a
instance, it is caused by mechanical and direct proportion
another set of factors. between crime and penalty.
D. There is scant regard to the human
The theories of the social scientist,
element.
anthropologists and criminologists from the early
beginning up to the modern era will help us This school of criminology by
understand the explanations on why and how the Beccaria was very well accepted during the
person commits crimes. The following are the key 18th century. Likewise, it was supported by
ideas to crime and criminality. Jeremy Bentham in his Hedonism
principle which explains that a man chooses
EARLY BEGINNINGS
between pleasure and pain.
Demonological Theory
Majority of the Philippine Revised
It asserted that a person committed Penal Code (RPC) principles and concepts
wrongful acts due to the fact that he was possessed were derived from this school of thought.
by demons or damned by other worldly forces.
However, there were several
PRE 20TH CENTURY (1738-1798) (CNP) argument against the Classical Theory.
The following are some of those:
The world of criminology in the pre
twentieth century has been divided into three broad A. It treats all persons as if they were
schools of thought that explain the causes of crimes machines without considering their
namely; individual differences and surrounding
circumstances during the violation of the
Classical School of Thought by Cesare Beccaria laws.
This school of criminology is composed of B. The punish imposed upon the first time
group of thinkers who focused their studies and offender and recidivist is equal.
research on crime and punishment. Its most C. The nature and definition of penalty is
prominent advocates are Cesare Beccaria (Cesare not individualized.
Bonesara Marchese de Beccaria) who is known as D. It does not consider the mental condition
the Founder of the Classical School of Thought, of the perpetrator rather it focused on the
and Jeremy Bentham. They believed that an injury caused by the commission of
individual always acts to seek pleasure and avoid crime.
pain. In Beccaria’ Essay on Crimes and Punishment, E. It became the Magna Carta or pattern of
the latter asserted the abolition of torture as a legitimate the criminal, since the latter knows what
means of extracting confessions. will be the penalty in case he will be
arrested and convicted of the offense to
The said book founded the Classical Theory
be made. Thus, he can calculate the
of Criminology which has the following
amount of pleasure and pain.
characteristics:
A. The basis of criminal liability is
human free will and the purpose of
penalty is retribution.
Neo – Classical School of Thought scientific approach to the study of criminal behavior
and to reform the criminal law.
Due to above criticism against the classical
school of thought, the social scientists, However, Dr. Cesare Lombroso was
anthropologists and criminologist, in the 18th criticized for his Atavistic Theory (Failed to evolve
century founded the Neo – Classical School of to a full human and civilized state) or his attention
Criminology, which believed that there are to the biological characteristics of a man. He said
situations or circumstances that made it impossible that criminals have in common with each other most
to exercise freewill thus the reasons to exempt especially when it comes to their observable
individual from criminal liability. physical or mental defects. The latter even wrote the
essay entitled “ Crime: Its causes and Remedies”
A child or and insane person who has
that contains his classifications of criminals.
committed an unlawful act is exempted from
suffering any criminal liability since he does not Classifications of Criminals by Lombroso
know the nature and consequences of the acts he
1. Born Criminal
committed.
It is based on the belief that criminal
The classicists believed in the absolute free
behavior is inherited as stressed by Taft.
will of men to choose between pleasure and pain.
They were insist that the person is ALWAYS totally 2. Criminal by Passion
responsible for the consequences of his acts. On the
other hand, the Neo – Classicists argued that it is He is a person who commits crime due to
NOT ALWAYS, since the freewill of a person is extreme emotion, impulse of the moment, fit
not absolute and can be mitigated by pathology, of passion or great anger or jealousy.
incompetence and mental disorder. In the 3. Criminaloid
Philippines, this is reflected in Article 12 of the
RPC. He is and individual who commits crime
because weak self control or less physical
Positive School of Thought (1838 – 1909) stamina.
This school of criminology is composed 4. Insane Criminal
mainly of Italian social scientists, anthropologists
and criminologists who emphasized on the scientific He commits crime by reason of his
treatment of the criminals and not on the penalties psychological disorder or mental
to be imposed. abnormalities. Under Article 12 of the
Revised Penal Code, he is exempted from
DR. CESARE LOMBROSO is considered suffering any criminal liability.
as the Father of Modern Criminology because of
his scientific point of view about crimes and 5. Occasional Criminal
criminals. He commits crime if given an occasion to do
Together with his two students, Enrico so.
Ferri (Best known Lombroso’s associate, brilliant 6. Pseudo Criminal
lawyer, accomplished editor, scholar and public
lecturer and a great parliamentarian) and Raffaele He is an individual who kills a person in self
Garofalo (An Italian nobleman, magistrate, defense.
professor in law and senator) were the primary Characteristics of Positive Theory
personalities in this school of thought. In fact, they
are known as the Holy Three of Modern Positivists affirmed that crime is like a
Criminology because they emphasized on the natural phenomenon, disaster or calamity because
of the following reasons:
A. That a man is subdued occasionally by a 3. Crime assists society for changes and
strange and morbid phenomenon which development, since, it becomes flexible
constrains him to do wrong in spite of or when it permits negative force to serve
contrary to his own volition. as basis for the establish men of positive
B. That crime is essentially a social and natural thing.
phenomenon and such as, it cannot be
Psychoanalytical Theory (1856 – 1969)
treated and checked by the application of
abstract principles of law and jurisprudence Psychologists have regarded the study of
nor by the imposition of a punishment, fixed human behavior to explain the problem in crimes.
and determined a prior; but rather through, They believed that criminality is a manifestation of
personal and individual investigation psychological conflict and a criminal behavior is a
conducted by a competent body of form of neurosis. Likewise, crimes happened due to
psychiatrists and social scientists. poor moral development, inadequate childhood
socializations, defective conscience or emotional
EARLY 20th CENTURY (HAP)
immaturity.
Human Ecology Theory (1864 – 1944)
Sigmund Freud is known as the Father of
Human Ecology is the study of the Psychoanalysis that explained the Psychoanalytical
interrelationship of people and environment. Theory of human personality and criminality
According to Robert Ezra Park, a strong advocate through the relationship of Id, Ego and Superego to
of the scientific approach in explaining crimes and one another.
criminality, the changes in the environment where
MIDDLE 20th CENTURY (3S – CD)
the people live will cause changes in society. He
believes that the major influences of criminal Somatotyping Theory (1888 – 1964) (PAA)
behavior and crimes are the following:
Ernest Kretschmer, A German Psychiatrist
A. Competition; originated of the idea of Somatotyping.
B. Conflict;
He distinguished the three (3) Major Types
C. Interaction;
of Physique namely:
D. Isolation;
E. Segregation; A. Pyknic
F. Social Contract and They have broad face, massive neck,
G. Social Hierachy of People. medium height, and rounded bodies.
Anomie Theory (1858 – 1917) They generally commit crimes related to
trickery, swindling and violence.
David Emile Durkheim advocated the B. Asthenic
Anomie Theory that is concerned on the They are skinny and slender with lean,
sociological point of positivist school which slightly built and narrow shoulders. They
explains that the non – existence of norms in a are prone to commit fraud and theft.
society encourages person to commit unlawful and C. Athletic
other anti social acts. He said that the human They are tall, strong and muscular who
conduct lies not in the individual but in the group are usually involved in crimes against
and the social organization. He even proposed the person because they are generally
following principles: violent.
1. Crime is a normal thing in a community.
2. The idea of wrong is an important
ingredient to establish and recognize the
value and meaning of right.
Somatotyping Theory (1898 – 1977) (MEE) three advocates of this theory focus on crimes of
ecnomic gain.
William H. Sheldon believed that heredity
is the principal determinant of behavior and the Containment Theory (1899 – 1988)
body shape or physique is a dependable and
Walter Reckless believe that for every
unswerving indicator of personality.
individual, there are existing External and
In his Somatotyping Theory, he combined Internal Forces. He said that the outer structure of
the biological and psychological explanation to a person is composed of the external pressures like
understand deviant behavior and classified body blocked opportunities, poverty and
physique into: underemployment while the internal structure are
the person’s self control ensured by strong ego,
A. Mesomorphy
good self image, well developed conscience, high
They are the commonly called as the
frustration tolerance and high sense of
Athletic type of people who behave, act
responsibility. (Adler, 2005)
and talk aggressively characterized by
predominance of muscles, large wrist His theory is a form of control, which
and hands. They tend to commit crimes suggests that a series of both internal and external
of violence. (Temperament – factors contributes to criminal behavior.
Romotonic) (Schmalleger, 2008)
B. Endomorphy
Differential Association Theory (DAT) (1183 –
Typically, relaxed and comfortable
1950)
persons with predominance of soft and
roundedness throughout the different EDWIN SUTHERLAND
regions of the body with short tapering
limbs, small bones and smooth velvety Dean of Modern Criminology
skin and love luxurious thing and Edwin Sutherland has been regarded as
conditions in life. They are essentially the most important criminologist of the 20th century
outgoing and gregarious or extrovert due to the fact that he has a very brilliant
persons. (Temperament – Viscerotonic) explanation about crimes and criminality which is
C. Ectomorphy universally accepted. He strongly believed that
They are introvert persons who are criminal behavior is learned and not inherited. It
poorly muscled and characterized by is learned through socialization and communication
thin physique, flat chest, predominance with other people or group of people through verbal
of skin and fragile and delicate bones. and non verbal means.
(Temperament – Cerebrotonic)
His explanation is a corrected extension of
Social Class Conflict and Capitalism Theory social perspective. He stated that:
(1818 – 1940)
“While criminal behavior is an expression of
Karl Marx, Frederick Engel and William the general needs and value, it is not explained by
Bonger are the main proponents of this theory. They those general needs and value, since non – criminal
maintained that the upper class in a capitalist behavior is an expression of the same needs and
society is responsible for the conception of penal value”.
law and their ideological bases in the interpretation
and enforcement of the laws. Thus, criminality is For example, a robber steals the property of
very much reflected on the exploited and abused another person with intent to gain and to secure
members of the underprivileged population which money, however, industrious and honest employee
are usually unemployed or underemployed. The works hard in order to gain and secure money also.
Both have the same needs and objectives but the
gave different ways of obtaining their needs. This is
known as the Differential Association Theory common concerns which subsequently for a sub
(DAT). For this reason Edwin Sutherland is culture that rebuff middle class values.
considered as the Dean of Modern Criminology.
Labeling Theory (Tennenbaum, Lemert &
LATE 20th CENTURY: Becker)
The Contemporary Pioneers (NIDS – SL) They believed that a person who did a
wrongful act is not considered criminal unless he is
Neutralization Theory
labelled as such.
Gresham Sykes argued that a person will
CRIMES
follow or break law depending upon whatever he
will be benefited or not. If the societal rules are What is Crime?
favorable to him, the latter are very much willing to
It is an act or omission punishable by law. It
obey it, otherwise, he will transgress.
is the generic term for all violators of laws.
Instrumentalist Theory
Elements of Crimes (CDO)
Earl Richard Quinney claimed that the
Crime would not be committed without any
higher classes are using the existence of the state to
of its essential elements.
exploit the lower classes by making rules for their
own protection, benefit and interest. 1. Capability
Different Opportunity Theory It is the ability of the person to execute
the acts or omission punishable by laws.
Lloyd Ohlin explained that there are
different opportunities for the lower and upper 2. Desire
classes of the society to gain success. The former is It is what induces or pushes the person to
usually deprived of the abundant resources that the commit crime.
latter is enjoying. This pushes the members of the 3. Opportunity
underprivileged to get involved to illegitimate
activities in order to achieve their ambitions and to This refers to the physical possibility
that crime could have been committed.
become equal to the standing of the white collar
people in the economic power in the society. General Classifications of Crimes
Strain Theory (1910) Legal Classifications of Crimes
Robert King Merton is the leading Crimes can be legally classified as to the
sociologist of the late 20th century who also related following:
criminality to lack or absence of norms in the
society. He asserted that a man who failed to attain A. Manner of Committing the Crime
a higher status of life will induce him to violate (DF)
laws in order for that condition or purpose to be 1. Dolo / Deceit
accomplished. The crime was committed by person
with deliberate intent.
Sub Culture Theory (1918) Ex. Qualified Theft
Albert Cohen stated that the lower class 2. Fault / Culpa
cannot socialize effectively to the middle and higher The crime was the product of
classes because the latter would not like to welcome imprudence, negligence, lack of skill or
the behavior of the former. Hence, the members of lack of foresight.
the lower class gather together to share their Ex. Reckless negligence resulting to
damage to property.
B. Stage in the Commission of the Crime 2. Less Grave
(AFC) Those that the law punishes with
1. Attempt penalties which are correctional in
When the offender commences the nature.
commission of a felony directly by overt Ex. Adultery
acts and does not perform all the acts of 3. Light
execution, which could produce the Those infractions of law for the
felony by reason of some causes or commission of which penalty of arresto
accident other than his own spontaneous menor or a fine not exceeding 200 pesos
desistance. or both are imposed.
Ex. Attempted Arson Ex. Malicious Mischief
2. Frustrated E. Basis of Criminal Act.
When the offender has performed all the 1. Crimes against National Security.
acts of execution which would produce Ex. Treason, Espionage and Piracy
the felony as a consequence but which 2. Crimes against the Fundamental Laws of
nevertheless, do not produce the felony the State.
by reason of causes independent of the Ex. Arbitrary Detention, Delay in the
will of the perpetrator. Delivery of Detained Person to the
Ex. Frustrated Homicide. Proper Judicial Authorities and Delaying
3. Consummated Release.
When all the elements necessary for its
Criminological Classification of Crimes
execution and accomplishment are all
present. Crimes can be classified criminologically as
Ex. Treason to the following:
C. Plurality of the Crime (SC)
1. Simple A. Result (AE)
When a single act constitutes only one 1. Acquisitive
offense. When the offender obtains something as a
Ex. Theft consequence of his criminal act.
Ex. Estafa
2. Complex
When a single act constitutes two or 2. Extinctive
more grave felonies or when an offense When the end result of a wrongful act is
is a necessary means or committing the destructive.
other. Ex. Abortion
Ex. Robbery with Homicide. B. Time or Period Committed (SS)
1. Seasonal
The first is otherwise known as Those violations committed only during a
compound crime while the second is certain period of the year.
complex crime proper. Ex. Violation of Tax Law
D. Gravity of the Penalty (GLL) 2. Situational
These are the crimes committed when given
1. Grave
Those which the law attaches the the situation conductive to their commission.
capitals punishment or afflictive Ex. Theft
penalties.
Ex. Kidnapping
C. Length of Time Committed (IE) Psychology comes from two Greek Words:
1. Instant
“Psyche” which means mind; “Logos”
These are acts committed in the shortest
which mean knowledge or study. Thus its definition
possible time.
is “Study of the Mind”.
Ex. Snatching
2. Episoidal Psychology as a science is systematized
Crimes committed by a series of act in knowledge that is gathered by carefully observing
lengthy space of time. and measuring events.
Ex. Kidnapping
Psychology as a behavioral science,
D. Place or Location of the Commission (SC)
therefore, aims to explain, predict, and control
1. Static
These are violators of the laws committed in human behavior. When a behavioral science
only one place. explains, it tries to make the learner understand the
Ex. Slight Physical Injuries different facts it has at is disposal, facts usually
based in research, it will also give it theories or
2. Continuing
Crimes committed in several places. general propositions about individual and group
behavior or the origin of culture. (Delfino, 2009).
Ex. Terrorism
E. Use of Mental Faculties (RI) B. What is Criminal Psychology?
1. Rational
The offender committed the crime with full Criminology is defined as a scientific study
possession of his sanity. of crime and criminality as well as society’s
Ex. Coup de Etat response there to. More over, criminology is most
2. Irrational often associated with the study of psychology,
By reason of mean disorder, the person sociology, anthropology, psychiatry, law history
committed crime without knowledge of and other related disciplines.
nature and quality of his act. However, Psychology as defined by Delfino
Ex. Theft of a Kleptomaniac (2009) is the scientific study of behavior and mental
F. Type of Offenders (WB) processes. Behavior is what can be observed from
1. White Collar outside. Mental processes refer to our thoughts,
These are crimes committed by members of feelings, sensations, and various internal processes.
upper socio-economic classes in the exercise It includes the application of science to human
of their professions. problems.
Ex. Falsification of Public Document
2. Blue Collar Psychologists in the early part of the history
These are violations of the law by ordinary got interested in the study of crimes and criminals
professional criminals. which gave way for the birth of another branch of
Ex. Drug Pushing study, a sub field of psychology known as Criminal
Psychology.
PSYCHOLOGY OF CRIMES It is defined as the study of criminal
activities behavior and conduct in an attempt to
A. What is PSYCHOLOGY? discover intermittent patterns and to create set of
Basically, Psychology is a branch of laws about his behavior.
knowledge regarding human behavior the Therefore, Criminal Psychology is the
person who is expert in this field is called as intersection of Psychology and Criminology as well
Psychologist who uses different methods as the criminal justice. It enhances the study of
and techniques of science in order to behavior of the offenders and improve the
investigate behavior and mental processes.
investigation of the crime by adding a psychological things) always exist together. Aristotle defined soul
component such as the mental health status. as a “kind of functioning of a body organized so
that it can support vital functions.” In body, he
Criminal Psychology as defined by
challenged the Pythagorean doctrine that the soul is
Benstein, Et. Al (1991) is the science of behavior
a spiritual entity imprisoned in the body. Aristotle’s
and mental process, which means that psychologist
doctrine is a synthesis of the earlier notion of the
uses the methods of science to investigate all kinds
soul does not exist apart from the body and of the
of behavior and mental process from the activity of
Platonic motion of a soul as a separate, non –
a single nerve cell to the social conflict in a
physical entity. Whether any part of human soul is
complex society. However, Soriano (2008) defined
immortal, and if so, whether its immortality is
criminals psychology as the scientific study of
personal, are not entirely clear his treatise on the
criminals and criminal behavior. Criminologists
soul.
attempts to build theories that explain why crimes
occur and test those theories by observing behavior. It was only during the last quarter of the 19th
Criminological theories help shape society’s century that psychology started to assume the aspect
response to crime both in terms of preventing of science. Philosophy had a direct influence on the
criminal behavior and responding to it after it development of psychology. Therefore some
occurs. philosophers have had an influence on the historical
evolution of modern psychology.
C. Nature and Scope of Psychology
The formal beginnings of psychology as a
From the very beginning, man has been
science started in 1879, when Wilhelm Wundt
fascinated by his own behavior so that the
started the first psychological laboratory in Leipzig,
history of psychology can be trace to the earliest
Germany and used the introspection method.
times man inquired to his own nature. Man
Introspection refers to observing and recording the
started to study himself by non – scientific
nature of one’s own perception, thoughts and
means. He asked questions like:
feelings.
What is consciousness? Are people
D. Perspectives within Psychology
inherently rational?
A. Biological
According to Ancient Greek Theory, it
It seeks to specify neurological processes
holds that sensations are caused by continuous
that underlie behavior and mental processes.
stream of films or “Idols” cast off by bodies and
impinging on the senses. All sensations are believed Emphasis is on the relation of overt behavior
to be absolutely reliable; error arises only when and electrical and chemical events taking place
sensation is improperly interpreted. The soul is inside the brain and nervous system.
regarded as being composed of fine particles
B. Behavioral
distributed throughout the body. Epicurus taught the
dissolution of the body in death leads to the It focuses on observable stimuli and regards
dissolution of the soul, which cannot exist apart nearly all behavior as a result of conditioning and
from the body; and thus no after – life is possible. responses.
Since death means total extinction, it has no
meaning either to the living or to the dead, fir C. Cognitive
“when we are death is not; and when death is we are Emphasizes on understanding how people
not.” think in order to understand human behavior; how
However for Aristotle, psychology is a knowledge is learned, structured, stored and used.
study of the soul. Insisting that form (the essence, or
unchanging characteristic element in an object) and
matter (the common undifferentiated substratum of
D. Psychoanalytic 2. Learned
Behavior stems from unconscious processes, This involves cognitive adaptation that
meanings, beliefs, fears and desires that a enhances the human being’s ability to cope
person is unaware of, but that nonetheless with changes in the environment and to
influence behavior. manipulate the environment in ways, which
improve the chances for survival. It is called
E. Subjectivist
as Operant Behavior.
Each individual has his own definition of the
Kinds of Behavior (CORVS)
situation, which is expected to vary according to
his culture, personal history and current It is necessary to know the several kinds of
motivational states. behavior because this will serve as the basis on
what approach to be used to properly handle the
F. Ethological
behavior of the person particularly the perpetrator.
Influenced strongly by Darwin where As cited by Alicia Kahayon, behavior may be:
emphasis is to understand how behavior patterns
1. Conscious or Unconscious
are wired into animal’s nervous system and
triggered by certain stimuli. Initially, this caused When the person is aware of his actions, this
big argument with the behaviorist. classified as Conscious Behavior. On the contrary,
if the acts are embedded in one’s sub consciousness,
G. Phenomenological / Humanistic
it is Unconscious or Unaware.
Emphasis is on one’s own self and focused
2. Overt or Covert
on positive qualities and one’s potential to grow
or “self – actualize”; focus on conscious rather Overt Behavior is directly Observable. While
than unconscious experience; emphasis is on Covert Behavior is Not Visible to the Naked Eye.
“well” as opposed to “sick” side of people. The former is outwardly manifested while the latter
is hidden.
H. Developmental
3. Rational or Irrational
It is concerned with characteristics that
change in people as they grow. The action is Rational when it is done with
sanity while the Irrational Behavior is done
without knowing the nature and consequences of
UNDERSTANDING HUMAN BEHAVIOR the action.
Behavior is defined as and organism’s 4. Voluntary or Involuntary
responses to stimulation or environment. If one
Voluntary Behavior is an act done willingly
would like to understand the study of human,
while the Involuntary refers to the body activities
behavior, it is just fitting and proper to discuss
and process that we cannot stop even we are
its basic types, kinds and aspects.
sleeping like breathing circulation of the blood and
Two Basic Types of Behavior metabolism.

1. Inherited 5. Simple or Complex


This refers to any behavioral response or These are activities classified based on the number
reflex exhibited by people due to their of neurons involved. If there Less Neuron used in a
genetic endowment or the process of natural certain act, this is categorized as Simple Behavior.
selection. This is otherwise known as Innate On the other hand, if there is More number of
Behavior. Neuron used, it is Complex Behavior.
Aspects of Behavior (ISEP – PMA) he holds or touches because it is dictated by his
instinct, which is basically based on the principle of
1. Intellectual
pleasure.
This refers to the mental processes such as
2. Habitual
decision making, reasoning and solving problems.
This type of behavior deals with the
2. Social
person’s motor, emotional and language that is
This refers to our interaction and relationship regularly repeated and tends to occur
with other people. subconsciously.

3. Emotional Ex. Is drinking every morning your ”lasang caramel


na kape”. Yummy!
This is concern with our feelings, moods and
temper. 3. Complex

4. Psychosexual This type of behavior is characterized by two or


more habitual behavior occur in one situation like
This is concern to our state of being whether driving while singing or reading while listening to
man or woman because it is referring to our you favorite song “A Very Special Love”.
expression of love to another person irrespective of
sex. 4. Symbolic

5. Political This type of behavior happens when a


person uses signs as subtitles for words to describe
This aspect of behavior involves our ideology a particular thing or event. A Traffic enforcement
towards government. uses his hands and other body parts to signal the
6. Moral motorists whether to stop, get ready or go in the
absence of traffic light signals.
This pertains to our conscience whether the
action is good or bad. 1. Primarily native or Learned (DIL)

7. Attitude / Value Drives – The drives theory states that a


driving force originates from a natural need, like
This aspect of behavior pertains to our likes and thirst.
dislike or our interest towards something.
Instinct – The instinct theory posits that all
In the same token, one of the most interesting thinking and behavior are the result of instinct. It
topics under the study of behavior is Human also refers to an innate biological force which
Behavior, which refers to the voluntary or commands and individual to behave in a particular
involuntary attitude a person adopts to fit society’s way.
idea of right and wrong. It is partly determined by
heredity and environment, and modified through Learning – A relatively permanent change
learning. It is also the way human beings act. in behavior that occurs as a result of prior
experience.
Types of Human Behavior (IHCS)
2. Evoked by External Stimuli or Internal Need.
The following are the four (4) types of
human behavior: 3. Automatic, Voluntary, Conscious, Motor or
International.
1. Instinctive
This type of behavior is unlearned, since the
person’s action is dictated by his instinct. Like for
instance, the child puts to his mouth anything that
Attributes of Human Behavior (E – D – IQ) 2. Perception
1. Extensity – It focuses in size, distance and It deals with the person’s knowledge of a
location. given stimulus which largely help to determine the
actual behavioral response in a given situation.
2. Duration – It deals with the function of time.
3. Awareness
3. Intensity – It centers on terms of magnitude.
It is concerned with psychological activity
4. Quantity – It is concerned with normal and
based on the interpretation and experience of object
abnormal traits.
or stimulus.
Factors that Influence Human Behavior (HEL)
Ways on How People Interact (CAP)
1. Heredity
People interact by means of any of the
Genes are segments of cell structures called following three (3) psychological positions or
chromosomes by which parents pass on traits to behavioral patterns called ego states:
their offspring; genes are composed of a chemical
1. Child Ego State
substances that give the offspring a tendency toward
certain physical and behavioral qualities. Characteristics: (RED SID)
2. Environment Rebellious;
It consists of the condition and factors that Emotional;
surround and influence and individual.
Dependent;
3. Learning
Selfish;
This is the process by which behavior
Impatient; and
changes because of experience or practice.
Demanding
People Interaction and Transaction
2. Adult Ego State
Causes of Human Behavior (SPA)
Characteristics: (RFC WF)
Human behavior takes place through any of
the following three (3) causes: Reasons;
1. Sensation (VAGOC) Factual;
It relates to the feeling of impression or Co – equal;
stimulus.
Worthy; and
This is categorized into five, to with:
Flexible
A. Visual – It refers to the sense of sight.
B. Auditory – It refers to the sense of hearing.
C. Gustatory – It refers to the sense of taste.
D. Olfactory – It refers to the sense of smell.
E. Cutaneous – It refers to the taste of touch.
3. Parent Ego Stage B. Substitution
Characteristics: (PIERR) It is a process of replacing an unattainable or
unacceptable goal by one that is attainable or
Protective;
acceptable.
Idealistic;
C. Isolation
Evaluative;
It is a process of avoiding conflict.
Righteous; and
D. Sublimation
Refers to laws, rules and standards.
It is a process of changing unacceptable
How People Transact? (C – NC) impulses or needs into socially and culturally
acceptable channels or means.
People transact with one another depending
on the stimulus and response patterns whether it is 2. Aggressive Reaction (SPD)
parallel or not. Below are its two (2) types:
A. Suicide
1. Complimentary
It is a process of destroying oneself.
This happens when the stimulus and
B. Displacement
response patterns from one ego state to another are
Parallel. It is a process of directing anger to
something other than the one he is somewhat angry
2. Non – Complimentary
at.
It is characterized when the stimulus and
C. Projection
response patterns from one ego state to another are
Not Parallel. It is a process of blaming others for one’s
own mistake.
The study of social interactions of people to
provide better understanding of how people relate to 3. Withdrawal (DR – FNR)
each other so that they may improve
It is a form of physical flight
communication and human relationship is known as
Transactional Analysis. A. Depression
Defense Mechanism (CAW) It is a process of excluding memories
causing pain.
When a person is threatened by severe
emotional injury arising from frustration, he resorts B. Regression
to unconscious psychological processes which serve
as a psychological equilibrium. This self – It is a process of going back to a pattern of
deceiving emotional conflict and anxiety is known behaving which was proper to an earlier stage of
as Defense Mechanism, which is categorized into development.
the following: C. Fantasy
1. Compromise Reaction (C – SIS) It is also known as daydreaming. It is a
A. Compensation process of imagining sequence of events or mental
images that serves to express unconscious conflicts,
It is a process of balancing inferiority by to gratify unconscious wishes or to prepare for an
doing well in another activity, one thinks could anticipated future event.
succeed.
D. Nomadism What is SuperEgo?
It is a process of travelling, migrating or It is the conscience of man which is the
loitering as a form of withdrawal form the present unconscious part of our personality. It may be
problem or sad reality of life. represented by the voice of God, commandment of
the community or self goodwill and sense of right
E. Reaction Formation
and wrong.
It is a process of doing the opposite of that
In order to be normal, the three components,
we do not want to recognize. It is shown, when an
ID, Ego and SuperEgo must be balanced otherwise,
individual is motivated to act in a certain way, but
there will be disharmony that will cause the person
behaves in the opposite way, and be able to keep his
to become neurotic and will lead him to become
urges and impulses under control.
violent and commit crimes.
PSYCHOLOGICAL NEEDS OF A MAN
CRIMINAL FORMULA
(SSLSP)
According to Abrahamsen, in his book
According to Abraham Maslow
entitled, “Crime and Human Mind” in 1945, he
PSYCHOANALYTICAL THEORY OF explained the causes of crime by this formula:
HUMAN PERSONALITY (IES)
C = (T + S) / R
According to the Father of Psychoanalysis,
Where:
Sigmund Freud, the existence of crimes can be
explained by the conflict of the Three Parts of C – Crime / Criminal Behavior (Act)
human psycho personality, the ID, Ego and
T – Tendency (Desire / Intent)
SuperEgo.
S – Situation (Opportunity)
What is ID?
R – Resistance to Temptation (Control)
It refers to the unconscious Instinctual
Drive of a person which is based on the Principle of SEXUAL BEHAVIOR LEADING TO SEX
Pleasure. It contains all the urges and impulses CRIMES
including libido because the satisfaction of it gives
enjoyment to the person. Anything which feels good The following are the different sexual
wants to experience and nothing else. behaviors which lead to sex crimes classified as to:

What is Ego? A. Choice of Partner (BIG – PAN)

It is the only part of the conscious 1. Bestiality


personality that is dominated by the Principle of It is a morbid propensity to have a Sexual
Reality. It tries to mediate the demands of the Id Intercourse with Animal such as dog, cat, goat,
and prohibition of the superego. horse and carabao.
Ego comprises that organized part of the 2. Incest
personality structure which includes defensive,
perceptual, intellectual – cognitive, and executive It is a sexual relationship between people
functions. Conscious awareness resides in the ego, who cannot legally marry by reason of Blood
although not all of the operations of the ego are Affiliation.
conscious. The ego separates what is real. It helps 3. Gerontophilia
us to organize our thoughts and make sense of them
and the world around us. It refers to an erotic desire with the Elder
Person.
4. Pedophilia satisfaction is attained by Licking the Female
Genitalia.
It is a compulsive sexual desire with a
Child. C. Number of Participants in the Sexual Act
(PT)
5. Auto Sexual
1. Pluralism
This is commonly known as Masturbation /
Self Gratification or Self Abuse this sexual This is called as Sexual Festival, since there
activity is carried out without the cooperation of are several participants on this sexual activity.
anybody.
2. Triolism
6. Necrophilia
There are Three Participants on this sexual
It is a sexual perversion with a Corpse or activity. It may be one man and two women or two
Dead Body. men and one women.
B. Mode of Expression (AO) D. Part of the Body (F – PUS)
1. Algolagnia (Sado – Masochism) (SM) 1. Frottage
Sexual gratification is attain through Pain or It refers to the Rubbing of sex organ to the body
Cruelty. There are two sub classifications of parts of the partner in order to achieve sexual
Algolagnia namely; the Sadism and Masochism. gratification.
A. Sadism 2. Partialism
Sexual pleasure is achieved through the This is the Sexual Libido on any of the
Infliction of pain on the sexual partner. part of the body of a sexual partner.
B. Masochism 3. Uranism
Sexual stimulation is obtained through the Sexual happiness is attained through the
Infliction of pain to oneself. Licking of Partner’s body, holding the breast
and fingering the gential organ.
2. Oralism (FAC)
4. Sodomy
The satisfaction is attained by the Use of
Mouth or Tounge. Below are the three sub It is sexual act characterized by the Insertion or
classifications of Oralism: Penetration of the Penis or any object to the anus
of the sexual partner.
A. Fellatio
E. Sexual Urge (FHT)
It is the Licking and Sucking of the Male
Sex Organ (Penis) which initiates orgasm. 1. Fetishism
B. Anilingus By looking at some body parts,
underwear or any objects associated with the
It is Licking of the Anus of the Sexual Partner.
partner, sexual enjoyment is achieve.
This is also called as Anilism.
2. Homosexuality
C. Cunnilingus
For female relationship, this is known as
In the parlance of the Sexual Maniac, this is
Lesbianism or Tribadism wherein the sexual
commonly called “Brotchang Lababo, Silindro or
behavior is directed towards the same sex.
Sisid Marino” since the unexplainable sexual
3. Transvetism CRIMINALS
Sexual satisfaction is obtained by Wearing Who is a Criminal?
the Apparel or Underwear of the opposite sex.
He is a person who has committed a
E. Sexual Urge (SN) wrongful act punishable by law of the land and
has been finally convicted of the case charge against
1. Satyriasis
him in the competent court of justice.
It refers to a Strong Sexual Urge of a Men
Legal Classifications of Criminals (HR)
to have sexual intercourse.
A. Habitual Delinquent
2. Nymphomania
He is a person with in a period of Ten Years
It is an Extreme Sexual Desire of a
from the date of his release or last conviction of the
Woman to have sexual intercourse.
crimes of serious / less serious physical injuries,
F. Visual Stimulus (SV) robbery, estafa, or falsification is found guilty of
any of the said crimes a third time or oftener.
1. Scoptophilia
B. Recidivist
This is a sexual behavior characterized by
deliberately Watching Undress or Nude People He is one who, at the time of his trial for
especially during sexual activity. one crime, shall have been previously convicted by
final judgement of another crime embraced in the
2. Voyeurism same title of the Revised Penal Code.
The sexual satisfaction is obtained through Criminological Classifications of Criminals
Watching person doing something which might
undress herself in a private area like toilet or Criminals can be classified based on the
dressing room. The maniac is called as Peeping following aspects:
Tom who usually masturbate while doing his sexual
A. Etiology (AC)
behavior.
1. Acute
G. Other Sexual Abnormalities (DEC)
He violates the law because of impulse or
1. Don Juanism
fit of passion.
The man is commonly as Womanizer or
2. Chronic
Babaero. It is the act of seducing women without
permanency of sexual partner. He commits crime with his full sanity.
2. Exhibitionism B. Behavioral System (OPO)
It is has the Incident exposure of sex 1. Ordinary
organs to other.
The person is in the Lowest Form of
3. Coprolalia Criminal Career.
The sexual happiness and excitement is 2. Professional
attained by Using obscene language while having
He is skilled in the conduct of criminal
sexual intercourse.
activities.
3. Organized
He associates with other criminals in a
high degree of organization to earn a living.
C. Activities (HAP) Historical Perspective on the Development of
Corrections
1. Habitual
1. Early Codes
He continues to commit crime because of
deficiency in intelligence and he lacks self A. Code of king Hammurabi (Lex Taliones) –
control. Law of Retaliaton
2. Accidental Emerged at about 1750 B.C. and was
credited as the oldest code prescribing savage
He commits crime when the situation is
punishment.
conducive to is commission.
B. Deuteronomy
3. Professional
The fifth book of the Holy Bible, which
He business is the conduct of criminal
contains the basis of the Jewish Laws. These laws
activities.
were in the form of a covenant between God and the
D. Mental Attitudes (SAP) people of Israel.

1. Socialized Delinquent C. Roman and Greek Codes (JD – STI – B)


He is normal in behavior but somewhat I. Justinian Code
defective in his socializations with other persons.
Emerged at about 6th century A.D. believed
2. Active to have written by Emperor Justinian I of Rome
which was evolved from the Law of the Twelve
He is an aggressive criminal. table, the earliest code of Roman Law. This was an
3. Passive Inadequate effort to match a desirable amount if punishment to
all possible crimes. However, the law did not
He is punished by someone to violate the law. survive due to the fall of the Roman Empire but left
PENOLOGY a foundation of western legal codes.

Penology (Penal Science) II. Greek Code of Draco

It is the study of punishment for crime or It is the code that is considered the ultimate
criminal offenders. It includes the study of control in severity, which was formulated by Draco, an
and prevention of crime through punishment of Athenian lawgiver know for the severity of his
criminal offenders. It can also be defined as the punishments.
division of criminology that deals with prison The code of Draco is a harsh code that
management and the treatment of offenders, and provides the same punishment for both citizen and
concerned itself with the philosophy and practice of slaves as it incorporates primitive concepts
society in its effort to repress criminal activities. (vengeance, blood feuds). They were the first
The term is derived from the Latin word, society to allow citizen to prosecute the offender in
“POENA”, which means “pain or suffering” and the name of the injured party.
“LOGOS” which means “to study”
III. Code of Solon 5. 16th Century
The appointed archon in Athens who Transportation of criminals in England was
repealed all the laws of Draco except the law on authorized, which partially relieved overcrowding
homicide during his time. He was the one who first of prisoners. However, transportation was
proposed that a lawgiver had to make laws that abandoned in 1835.
applied equally to all citizens. He also saw that the
6. 17th Century to Late 18th Century
law of punishment had to maintain proportionality
to the crimes of which offenders were convicted. Death penalty became prevalent as a form of
punishment. Gaols or jails were common and
IV. Twelve Tables of Rome
galleys were also used.
It was written when Rome was in transition
A. Gaols (Jails) – Pretrial detention facilities
from being a Kingdom to a Republic. It is
operated by English sheriff.
considered as the foundation of all laws in Rome,
which was drafted by the Decemvir, a special B. Galleys – Long, low, narrow, single
commission of patricians. decked ships propelled by sails, usually rowed by
criminals used for transportation of criminals in the
V. Institutes of Justinian
16th century.
It is a review of the Roman Laws organized
C. Hulks – Decrepit transport, former
twelve experts appointed by Emperor Justinian.
warship used to house prisoners in the 18th and 19th
VI. Burgundian Code (500 A.D.) century. These were abandoned warships converted
into prisons as means of relieving congestion of
The code which specified punishment
prisoners. They were also call “Floating hells”.
according to that social class of offenders dividing
them into; nobles, middle class and lower class and 7. The Age of Enlightenment: 18th Century
specifying the value of the life of each person
It is the period of recognizing human
according to social status.
dignity. It is the movement of reformation, the
2. 5th and 11th Centuries period of introduction of certain reforms in the
correctional field by certain person.
It its known as the century of dark ages
wherein excessive and brutal measures of social Pioneers of Correctional Reform
control imposed by the church.
1. William Penn
3. 13th Century – Securing Sanctuary
The First Leader to prescribe imprisonment
A criminal could avoid punishment by as correctional treatment for major offenders. He is
claiming refugee in a church for a period of 90 days also responsible for the abolition of death penalty
but at the end of which time has compelled to leave and torture as a for of punishment.
the realm by a road or path assigned to him. In
2. Isaac Newton
England at about 1468, torture as a form of
punishment became prevalent. He encouraged intellectuals to investigate
social and scientific phenomenal methodically and
4. 16th and 17 Centuries
objectively.
The start of the conceptualization or
construction of workhouses and houses of
correction.
3. Charles Montesquieu (Charles Louis Secondat
– Baron De La Brode Et De Montesuieu)
Felicific Calculus – It states that the amount of
A French Historia and philosopher who pleasure and the amount of pain could be
analyzed law as an expression of justice. He calculated, compared and adjusted so that
believed that harsh to moral sentiments is a better punishment would be no more that sufficient and
means of preventing crime. He confronted religion always just.
and the historical role of the church in the political
7. John Howard
arrangement of society and a published a book
entitled “Spirit of the Laws”. The sheriff of Bedfordshire in 1773 who
developed his life and fortune to prison reform. He
4. Voltaire (Francois Marie Arouet)
published the book “The State of Prisons in England
He was the most versatile of all philosophers and Wales.” After his findings on English Prisons,
during this period. He believes that shame is a he recommended the following:
deterrent to crime. He fought the legality -
A. Single Cells for Sleeping
sanctioned practice of torture.
B. Segregation of Women
5. Cesare Bonesa, Marquis De Beccaria
C. Segregation of Youth.
He wrote an essay entitled “An Essay on
Crimes and Punishment,” the most exciting on law D. Provision of Sanitation Facilities
during this century. It presented the humanistic goal
of law. It made emphasis on the imposition of E. Abolition of Fee System
punishment as means of deterring criminal He is credited for being responsible for the
behaviors. ideas on prison reform in England and the United
6. Jeremy Bentham States, Howard died of Jail Fever (Typus) in 1790
while inspecting a prison in Russia.
The greatest leader in the reform of English
Criminal Law. He believes that punishment 8. Alexander Maconochie
designed to negate pleasure or gain the criminal He is the Superintendent of the penal colony
derives from crime would reduce the crime. at Norfolk Island in Australia (1840) who
He is also the one who designed the introduced the “Mark System”, which became the
Panoptican Prison (from the Greek word which predecessor of the “good conduct time allowance”
mean “everything and a place of sight”), which and parole system. A system in which a prisoner is
became the “ultimate penitentiary” or “inspection required to earn a number of marks based on proper
house”. It is a prison that consists of circular department, labor and study in order to entitle him
building containing multi-cells around the for a ticket for leave or conditional release which is
periphery, but it was never built. similar to parole.

His inspirations to design the panoptican is 9. Manuel Motntesinos


traced primarily to English prison reformer John The director of prisons in Valencia, Spain
Howard. (1835) who divided the number of prisoners into
He also formulated the “Greatest companies and appointed certain prisoners as petty
happiness principle”, more commonly called officers in charge, which allowed good behavior to
Utilitarianism, which gave rise to concept of prepare the convict for gradual release.
‘felicific calculus’.
10. Domets of France concerned itself with the philosophy and practice of
society in its effort to repress criminal activities.
Established an agricultural colony for
The term is derived from the Latin word,
delinquent boys in 1839 providing housefathers as
“POENA”, which means “pain or suffering and
in charge of these boys.
“LOGOS” which means “ to study”.
11. Walter Crofton
Penal Management
He is the director of the Irish Prison in 1854
The manner or practice of managing or
who introduced the “Irish System” that was
controlling places of confinement as in jails or
modified from the Maconochie’s mark system.
prisons.
12. Zebulon Brockway
Corrections
He is the director of Elmira reformatory in
It is a branch of the criminal justice system
New York (1876) who introduced certain
concerned with the custody, supervision and
innovational programs like the following:
rehabilitation of criminal offenders. It is the field of
A. Training School Type criminal justice administration, which utilizes the
body of knowledge and practices of the government
B. Education of Prisoners and the society in general involving the processes of
C. Casework Methods handling individuals who have been convicted of
offenses for purposes of crime prevention and
D. Extensive use of Parole control.
E. Indeterminate Sentence It is a concept which describes both a wide
13: Sir Evelyn Ruggles-Brise range of diversified programs, agencies, and
institutions and equally broad range of
An English director of prisoners after philosophical goals, ideals, and theory about the
visiting the Elmira Reformatory and nature of human’s society, crime and the criminal
MASSACHUSSETES Reformatory at Concord in order.
1897 opened a specialized at the small town of
Borstal for male offenders between ages of 16 and It is the study of jail or prison management
21. It was based entirely on individualized- and administration as well as the rehabilitation and
treatment both in the institution and during the reformation of criminals.
period of aftercare. Correction viewed as a Process
14. William Blackstone The reorientation of the criminal offenders
He published the book, “Commentaries on and preventing them from repeating their deviant of
the Laws of England”, which became and essential delinquent actions without the necessity of taking
authority on the common law. punitive actions but rather the introduction of
individual measures of reformation.
Concept of Penology
Correctional Administration
Penology (Penal Science)
It is the study of practice of a systematic
It is the study of punishment for crime for management concerned with the custody, treatment,
criminal offenders. It includes the study of control and, development of correctional practices, theories
and prevention of crime through punishment of and philosophies; the role of corrections in the
criminal offenders. It can also be defined as the administration of correctional administration; the
division of criminology that deals with be defined management and operation of all institutional
as the division of criminology that deals with prion correctional systems such as the national prison and
management and the treatment of offenders and penal forms, the jails at the provincial, district, and
city / municipal level relative to programs on the E. Reformation / Rehabilitation
diagnosis, classification, handling, treatment and
The establishment of the usefulness and
rehabilitations of offenders, and study of the United
responsibility of the offender.
Nation Standards on Minimum Rules on the
Treatment of offenders. Likewise, the historical Early Forms of Prison Discipline (LCD –
background and theories relating to non- DUMMI)
institutional corrections such as probation, parole
and the other forms of executive clemency; the A. Hard Labor
implementation of the Philippine Adult Probation Prisoners must have productive works.
Law, as amended the indeterminate Sentence Law,
as amended and such other law and legal issuances B. Corporal Punishment
to implement executive clemency. Imposing brutal punishment or employing
Punishment physical for to intimidate a delinquent inmate.

Is the redress (remedy) that the state takes C. Deprivation


against an offending member of society that usually Denial or Removal of everything except the
involves pain and suffering. essentials of existence.
Justification of Punishment (RED – IR) D. Degradation
A. Retribution The act of uttering insulting worlds or
The punishment should be provided by the language on the part of prison staff for the prisoners
state whose sanction is violated to afford the society to degrade or break the confidence of prisoners.
or the individual the opportunity of imposing upon E. Uniformity
the offender suitable punishment as might be
enforced. Offenders should be punished because The act of which follow the principle “we
they deserve it. treat prisoners alike” wherein the fault of one is the
fault of all.
B. Expiation / Atonement
F. Monotony
The punishment is given form of group
vengeance The act of giving the same food that is “off”
diet, or requiring the prisoners perform drab or
C. Deterrence (SG) boring daily routine.
Punishment gives lesson to the offender by
showing to others what would happen to them if G. Mass Movement
they violate the law. Implementation of mass living in cellblocks,
Specific deterrence – The form of deterrence mass eating, mass recreation, mass bathing.
that is attributed to the other offender himself. H. Isolation or Solitary Confinement
General deterrence – The effect of The imposition of non-communication and
punishment to general public. limited news to a prisoner. The offender is known
D. Incapacitation & Protection as “the Ione wolf”.

The public will be protected if the offender Penalty


has being held in condition where he cannot harm It is the suffering inflicted by the state to an
others especially the public. offender for the transgression of law.
Juridical Conditions of Penalty (3C-LEPS) Correctional
a. Correctional Prision Correcional – 6 months and 1 day to
6 years
Penalty must change the attitude of
offenders and become a law abiding person. Arresto Mayor – 1 month and 1 day to 6
months
b. Certain
Light
No one must escape its effects.
Arresto Menor – 1 day to 30 days
c. Commensurate with the Offense
C. Forms of Punishment: Ancient to
Different crimes must be punished
Contemporary
with different penalties.
1. Ancient (DCSB)
d. Legal
a. Death Penalty
The consequence must be in
accordance with law. It is done by burning, beheading, hanging,
garroting, breaking at the wheels, crucifying,
e. Equal
strangling, stoning, feeding to the wild animals and
Penalty must be in the same to all other forms of medieval executions.
person.
Garrote
f. Personal
It is an iron collar attached upon a scaffold
The guilty one must be the one to be where the condemned person is seated on an
punished, no proxy. improvised chair with both hands and feet tied and
the neck clamped by the iron collar which is slowly
g. Productive of Suffering tightened until the condemned person dies.
The offender must feel the suffering Guillotine
but without however affecting the integrity of the
human personality. It is a device used for beheading condemned
persons developed by Dr. Joseph Ignacio Guillotin,
Classification of Penalties in the Revised Penal a member of the French National Assembly.
Code and their Duration of Imprisonment.
Musketry/ Firing Squad
Capital Punishment.
The condemned person is blindfolded with
Death – Abolished by Republic Act No. hands tied at the back and shot in public by a firing
9346 squad composed of several shooters.
Afflictive b. Corporal Punishment/ Physical Torture
Reclusion Perpetua - 20 years and 1 day to It is done by maiming, mutilation, whipping
40 years (flogging) and other inhumane or barbaric forms of
Reclusion Temporal – 12 years and 1 days inflicting pain.
to 20 years Flaying
Prision Mayor – 6 years and 1 day to 12 It is also known as skinning or the removal
years of skin from the body. Generally, an attempt is
made to keep the removed portion of skin intact.
c. Shaming/ Social Degradation Good Conduct Time Allowance (GCTA)
It is done by putting offender into shame or This is the deduction to the term of
humiliation like pillory/ gibbeting (public scorn) imprisonment due to the convict’s exceptional and
good behavior while in prison.
Pillory
Imprisonment
It is a wooden frame with three holes, that
clamps the head and arms of the offender while he It is the act of putting the offender in the
stood before the public. prison for the purpose of protecting the public at the
same time rehabilitating the prisoners.
d. Banishment/ Exile
Pardon
It is otherwise known as Ostracism. It is the
sending or putting away of an offender which was It is an act of grace by the chief executive,
carried out either by prohibition against coming into given after conviction which exempts the offender
a specified territory. For over ten years the person form suffering criminal liability.
will be exiled and this is derived form the vote of
Parole
citizens.
It is the conditional release of a prisoner
2. Contemporary
after serving part (minimum) of his/her sentence in
Amnesty prison.
It is a general pardon extended to a group or Probation
classes of person and is exercised by the chief
It is a disposition whereby a defendant after
executive with the concurrence of congress. It is
conviction of an offense, the penalty of which does
usually given to political offenders. Its purpose is to
not exceed six years imprisonment; is released
bring about the return of dissidents and recalcitrant
subject to the conditions imposed byt the releasing
members of our population to their homes and
court.
resumption of their lawful pursuit.
Development of Jails and Prisons
Commutation
1. Early Prisons (MBWDA)
It refers to a change made by the president
of the court’s decision by reducing the degree of a. Mamertime Prison
penalty imposed by the court.
The only Roman place of confinement,
Destierro which was built under the main sewer of Rome in
64 B.C. by Ancus Maritus.
The penalty which involves the act of
banishing a person from the place where he b. Bridewell Workhouse
committed a crime, prohibiting him to get near or
enter 25 kilometers (but not more than 250 The most popular workhouse in London,
kilometer) perimeter radius. England, which was built for the employment and
house of English prisoners.
Fine
c. Walnut Street Jail
It is an amount given as a compensation for
a criminal act. Originally constructed as a detention jail in
Philadelphia. It was converted into a state prison
and because the first American penitentiary.
d. Dartmoor Prison apprehends, judges, and punishes those who do
violate them
Once known as the HOUSE OF HALFWAY
TO HELL, located in Devonshire, England, It is also defined as “the machinery of the
originally constructed to house of French Prisoners. state or government which enforces the rules of
conduct necessary to protect life and properly and
e. Alcatraz Prison
maintain peace and order”.
It was operated in 1934 and was closed on
Corrections
March 21, 1963. It was closed primarily because it
was too costly, an operation estimated were that Considered as the 4th pillar, Corrections
repairs alone would run between $4.5 and $5 holds an indispensable role of trying to undertake
million. In 1940, it had a per capita cost over twice rehabilitation and reformation services for the
of average of all federal institutions when it closed, convicted offenders. This is one ways of reducing
it has 260 inmates. the number of criminal activities and encouraging
positive methods of crime prevention.
2. The Two (2) Rival Prison System in the
History of Correction (AP) A criminal, after having been convicted by
final judgement, would have to serve his penalty
a. Auburn Prison System (Congregate System)
while undergoing rehabilitation at our prison/ jail
Prisoners are confined in their own cells depending on the length of sentence imposed by the
during the night and congregate work in shops court of justice.
during the day.
Modern Penology Doctrines have afforded
b. Pennsylvania Prison System (Solitary System) our community with progressive and innovative
programs such as parole and probation. Those are
Prisoners are not confined in single cells day accepted as integral parts of the Philippines
and night where they lived, slept, ate and receive Correction Administration. This enables individual
religious instructions. offenders to be treated and rehabilitated by utilizing
3. The Elmira Reformatory Movement the advantages offered by community living.

It is considered as the forerunner of modern However, not all convicted criminals are
penology because it had the elements of a modern entitled to such privileges. It depends on their
system. This ideal prison system quickly began to personal circumstances and manifest capacity to
take form in New York. change. At present, majority of convicts are serving
long sentences in our state prisons and those serving
In reaction to the growing pessimism short sentences are confined in the jails.
surrounding the penitentiary, participants at the
1870 American Prison Congress applied the ideas Inmates
and practices of Sir Walter Crofton and Alexander The population of jail and prison including
Maconochie. penal farms and penal colonies, except the
Criminal Justice System personnel.

It comprises all the means used to enforce


those standards of conduct which are deemed
necessary to protect individuals and to maintain
general community well- being.
In broad terms, a system of criminal justice
system creates the laws governing social behavior,
attempts to prevent violations of the laws, and
Prison vs. Jail
(HOPIA)
POINTS OF PRISON JAIL
DISTINCTIONS
Head of Superintendent Warden
Institution
Offense Major Offense Minor Offense
Penalty More than 3 3years and
years below
Inmates Sentenced Detention and
prisoners sentenced
prisoners
Administration Bureau of Bureau of Jail
Corrections Management
and Penology,
in the case on
provincial jail,
it is under the
provincial
government.

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