Foundations of Criminology

Introduction
Remorseless suicidal terrorists hijack four airplanes and, with all passengers aboard,
are successful in crashing two of these into the World Trade Center and one into the
Pentagon, murdering nearly 3,000 people in the worst terrorist attack in history. A man
shot and killed 58 concertgoers from the 32nd floor of the Mandalay Bay Resort and
Casino in the worst mass murder in U.S. history. Major corporations and their
accounting firms conspire and cause a major stock market plunge, losing stockhold- ers
billions of dollars.
What all of these events have in common is that they refer to various forms of criminal
behavior; as we have just begun the 21st century, we can only guess what new,
unforeseen horrors await us. The field that addresses this issue of crime and criminal
behavior and attempts to define, explain, and predict it is criminology.
Criminology is generally defined as the science or discipline that studies crime and
criminal behavior. Specifically, the field of criminology concentrates on forms of criminal
behavior, the causes of crime, the definition of criminality, and the societal reaction to
criminal activity; related areas of inquiry may include juvenile delinquency and
victimology (the study of victims). Although there is considerable overlap between
criminology and criminal justice, criminology shows a greater interest in the causal
explanations of crime, whereas criminal justice is more occupied with practical, applied
concerns, such as technical aspects of policing and corrections. In reality, the fields are
highly complementary and interrelated, as indicated by overlap- ping membership in the
two professional organizations representative of the fields: the American Society of
Criminology and the Academy of Criminal Justice Sciences.
If you tell your friends that you are taking a course in criminology, many will assume that
you are a budding Sherlock Holmes, on your way to becoming a master detective
trained in investigating crime scenes. That describes the field of criminal- istics(the
scientific evaluation of physical evidence), which is sometimes confused in the media
and public mind with criminology. Criminology is more concerned with analyzing the
phenomena of crime and criminality, in performing scientifically accurate studies, and
in developing sound theoretical explanations of crime and criminal behavior. It is hoped
that such criminological knowledge and scientific research can inform and direct public
policies to solve some crime problems. Themajor concentration in this text is on the
central areas of criminal behavior, research methodology, and criminological theory.
Of particular interest is the exploration of crime typologies, the attempt to classify
various criminal activity and criminals by type.
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Critique
Crime is a societal phenomenon which has live with world since clip immemorial and
due to human nature can non be eradicated wholly. It can merely be alleviated to a
grade which is society can get by with. Wrongdoers and victims of offenses all co-exist
in society and it is practically impossible to delink them. Indeed traditionally the
constabulary were lonely acknowledged as the exclusive establishment for battling and
forestalling offense. However, In modern democratic society ‘with the constabulary no
longer the exclusive defenders of jurisprudence and order, all members of the
community become active Alliess in the attempt to heighten the safety and quality of
vicinities ‘ ( BJA 1994: seven ) . Imagine this manner came community patroling
strategy ( as one of the jurisprudence enforcement and offense bar scheme ) is where a
community and the constabulary are partnered in order to forestall and battle offense.
Many research workers believe that the beginning of Community Policing – CP-
PoliciamentoComunitario- in many states was as a consequence of the inability of local
constabulary to react to the lifting population demand on offense bar ( Kyed 2009 ) .
The classical school and the writing of Beccaria in particular were to lay the cornerstone
of modern Western criminal law as it became formulated from 1770 to 1812. The
characteristics of Western criminal law—politicality, uniformity, specificity, and described
penal sanctions—are in essence called for in Beccaria’s essay. The French Declaration
of the Rights of Man (cited in J. E. Jacoby, 2004), which was passed by the
revolutionary National Assembly of France in 1789, included the statement, “The law
ought to impose no other penalties but such as are absolutely and evidently necessary;
and no one ought to be punished, but in virtue of a law promulgated before the offense,
and legally applied” (p. 215). The Eighth Amendment to the U.S. Constitution,
prohibiting cruel and unusual punishment, was also a Beccarian legacy.
Some recent analysis suggests that the importance of Beccaria’s works may have been
exaggerated and that he was actually less important than other social reformers of the
18th century such as Voltaire and Bentham (Newman & Marongiu, 1990). Beirne (1991)
claims that Beccaria’s famous treatise Dei Delitti e Delle Pene (On Crimes and
Punishments) was the application to crime policy not of rationality and humanism but of
the Scottish-inspired “science of man,” which emphasized utilitarianism and
determinism. Beirne felt that Beccaria was less of an advocate of free will than has been
sup- posed and that his writings exhibited much determinism.
The revolutionary and liberating impact of the ascendancy of classical theory in

reforming Western jurisprudence is now taken for granted, but without the fundamental
changes classical theory introduced, the remaining criticisms and subsequent
modifications would not have been possible. However, classical theory contained the
seeds of its own demise. Although Justitia, the blind goddess of
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justice, carefully weighing the evidence irrespective of the violator, is an appealing
symbol, classical theory by its very insistence on equality of punishment proposes
inequality: Should minors or the insane be treated in the same manner as others?
Should repeat offenders be accorded the same sanctions as first offenders for an
equivalent act? Thomas and Hepburn (1983) state,
Contemporary criminologists tend to assign little importance to [classical theory’s]

concepts and ideas. Perhaps the two major reasons are that it focuses our attention on
criminal law rather than criminal behavior and that it is based on a speculative set of
philosophical premises rather than a sound theory that could be verified or refuted by
the collection of systematic empirical evidence. (p. 137)
Application of the pure classical theory would rob judges of discretionary power and
seems to rest on a simplistic assumption of the ability to exactly measure individual
conceptions of pain and pleasure. Recent revivals in the United States of determinate
sentencing and mandatory punishments for specific offenses are remnants of classical
theory. Although theoretically appealing because of the essential cookbook application
of graduated punishment reflecting the seriousness of crime, implementation becomes
problematic for reasons already described: The quantification of such acts and their
perpetrators defies such a simplistic scheme (Hagan & Tontodonato, 2004).
The work of Guerry and Quetelet was done nearly half a century before the writings of
Lombroso, to be discussed shortly, who is often viewed (“the Lombrosian myth”) as the
father of criminology (Lindesmith & Levin, 1937). Lombroso’s (1911a) principal work,
L’Uomo Delinquente (The Criminal Man), first published in 1876, emphasized the notion
of “born criminality.” Rather than representing progress in criminological investigation,
the dominance of the early positivists such as
Lombroso may have set the field on a half-century (plus) journey guided by arcane and
ultimately useless concepts. The superordination of the early positivists may have
represented an ideologi- cal coup d’état in which medical concepts and psychologism (a
reduction of analysis solely to the individual level) temporarily impeded the early
mainstream sociological efforts of the ecologists. Pointing the finger at the individual,
rather than social conditions, as had Guerry and Quetelet, was intellectually acceptable
to the wealthy, who preferred to view criminality as an individual failing of the dangerous
classes rather than as a societal shortcoming (Lindesmith & Levin, 1937; Radzinowicz,
1966; Vold et al., 2002).
On this point, Radzinowicz (1966) states,
This way of looking at crime [the ecological school’s approach] as the product of society
was hardly likely to be welcome, however, at a time when a major concern was to hold
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down the “dangerous classes” . . . who had so miserable a share in the accumulating
wealth of the industrial revolution that they might at any time break out in revolt in
France. . . .
It served the interests and relieved the conscience of those at the top to look upon the
dangerous classes as an independent category, detached from the prevailing social
conditions . . . a race apart, morally depraved and vicious. (pp. 38–39)
The social statisticians with their emphasis on social facts, statistics, the use of official
data, and external social factors were perhaps ahead of their time. Shortcomings in their
analysis, such as lack of full awareness of the inadequacies of official statistics and
appropriate use of statistics themselves, are excusable given their pioneering efforts
and the state of knowledge of the time. The ecological school represented a critical
transition from the philosophical and purely theoretical approach of Beccaria to the more
scientific criminological approaches of the 20th century.
The two main approaches in the study of criminology are subjective approaches and
objective approaches. Subjective approaches are the biological explanation of crime
and it focuses more on the criminal itself it includes the anthropological, medical,
biological, psychological, physiological, psychiatric and psychoanalytical aspects of a
criminal while on the other hand objective approaches focuses more on the environment
or society where the offender lives it includes the geographical, ecological, economical
and socio - cultural aspects of a criminal.
The improvement of the corrections system and the inmates’ successful reintegration
into the mainstream of society is not the sole responsibility of the corrections pillar. The
other pillars of the Philippine criminal justice system – law enforcement, prosecution,
judiciary, and the community must also do their share. An offender must be afforded his
or her rights throughout the different stages of the criminal justice system – from the
commission of the offence, to investigation and apprehension, to prosecution, trial and
conviction and, finally, punishment and correction.30 The community, in particular, plays
a significant role in the administration of criminal justice as it functions even before the
commission of the offence. Failure of the community to prevent the commission of an
offence means an added responsibility of rehabilitating the offender and reintegrating
him or her into society.31 Also, after going through the entire system, and after release -
either by complete satisfaction of penalties, or on probation or parole – they either rejoin
the community and lead a peaceful life, or commit another crime and go through the
criminal justice system again.32 Greater community involvement in the treatment of
offenders must, therefore, be encouraged.
The Philippine government, despite many difficulties, has taken and continues to take
concrete steps towards the improvement of its prison/jail conditions and the treatment of
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offenders. But the government cannot do this alone. It needs the cooperation and active
involvement of all the sectors in our society– media, academe, business, etc. Prison
reforms can only be achieved through the active involvement of all the members of
society. Each one has a responsibility in making these reforms possible. Decent and
humane prison conditions can be realized, and prisoners can be successfully
rehabilitated if every sector of society will work together.
RA 7610 or the “Special Protection of Children Against Abuse, Discrimination and

Exploitation Act” protects the best interest of the child or the totality of everything
beneficial to the child against all sort of abuse.
RA 9344 or the “Juvenile Justice Welfare and Welfare Act 2006” under the law, children
15 years old and below would be exempted from criminal liability while youth offenders
age 15 to 18 years old could only be criminally charged if they committed the crime with
discernment. It provides the immediate turnover of CICL to social workers upon
apprehension. If detention is necessary, the youth offenders would be transferred to
youth detention homes set up by the governments and NGOs. It is also the law that
created the JJWC under the DOJ that would oversee its implementation.
Criminology
It is the science or study of crime. It is concerned with the conduct of individuals which
is prohibited by society and law. It is a socio-legal study which seeks to discover the
causes of criminality and suggests appropriate remedies.
Early and Classical Criminological Theories
Demonological Theory
Demonological theory or supernatural explanations of criminality dominated think- ing

from early history well into the 18th century; modern remnants still survive (see Huff,
1990). In a system of knowledge in which theological explanations of reality were pre-
dominant, the criminal was viewed as a sin- ner who was possessed by demons or
damned by otherworldly forces. Humankind was viewed as at the mercy of the
supernatural: fates, ghosts, furies, or spirits. Felonies (mortal sins) were viewed as
manifestations of basically evil human nature reflecting either allegiance to the “Prince
of Darkness” or an expression of divine wrath. The Salem witch trials in Puritan New
England and the Spanish Inquisition serve as examples of the torture, hanging, burning
at the stake, and other grim executions awaiting heretics, witches, and criminals. Such a
worldview perceived the violator’s actions as deterministically controlled by forces
beyond the individual’s mastery. In the Book of Genesis (22:1–12), Abraham was
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ordered by God to sacrifice his son Isaac, although he was later released from this
injunction. Appeasement of God or the gods—a world beyond human cognition and
interpretable only by the clergy, the shaman, and other emissaries to the supernatural—
was supported by a traditional worldview that looked to the wisdom of the past rather
than attempt a rational interpretation of the present for guidance (see V. Fox, 1976, pp.
7–12).
In the Middle Ages in Europe, feudal lords established various means of determining
guilt and innocence. God could indicate who was guilty or not by giving victory to the
innocent in a trial by battle. Later, trial by ordeal was instituted in which the accused was
exposed to dangerous tests, and if the person survived, he or she had been protected
by God. Women accused of witch- craft were tied up and thrown in the water. If they
floated rather than sank, and thus survived, they were innocent. Running the gauntlet
and walking on fire were similar tests.
Application of the theological approach to crime control is not confined to the past but
can be illustrated in the modern era by the ecclesiarchy (state–church fusion) in Iran
under the Ayatollah Khomeini, in which criminals or opponents of the state were
summarily subjected to torture, death, or the “wrath of Allah.”
The primary challenges to theological approaches to explaining reality were

philosophical arguments that sought worldly, rational, secular explanations for human
fate. The reasons for crime and criminality were to be found not in the supernatural but
in the natural world. Table 5.2 provides a chronology of major developments in
criminological theory.
Classical Theory
Classical theory in criminology refers to an approach that emphasizes free will and
rationality on the part of the criminal actor.
Prior to the formulation and acceptance of classical theory, the administration of criminal
justice in Europe was cruel, uncertain, and unpredictable. In England alone in the early
19th century, there were more than 100 crimes punishable by the death penalty
(Heath, 1963). Penal policy was designed to control the “dangerous classes,” the
mass of propertyless peasants, workers, and unemployed. Emerging liberal
philosophies espoused by such writers as Locke, Hobbes, and Rousseau advocated the
natural rights of man and reason as a guide to regulating human conduct. This
Enlightenment of the 17th and 18th centuries questioned the power of the clergy and
aristocracy and gave birth to the American and French Revolutions.
Neoclassical Theory
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Neoclassical theory basically admits environmental, psychological, and other mitigating
circumstances as modifying conditions to classic doctrine. The beginnings of this
approach can be found in the later writings of Cesare Lombroso (1835–1909) and in
those of his students, Ferri and Garofalo, to be discussed shortly. Beginning in the late
1960s, particularly in the writings of economist Gary Becker (1968), James Q. Wilson
(1983a, 1983b), and Ernest Van den Haag (1966), a resurgence in neoclassical
doctrine can be noted. Becker advocated a cost-benefit analysis of crime, reminiscent of
hedonistic doctrine. Becker argued that individuals freely choose crimebased on their
estimate of their likelihood of being caught. Disappointed with criminology’s overconcern
with the search for basic causes of crime, Wilson (1975) proposed a policy analysis
approach, applied research that is less concerned with finding causes and more
concerned with what works. These writers sparked an interest in the abandonment of
treatment and rehabilitation and in a return to the classical punishment model. Often
ignored by devotees of such theories are the very limited categories of crime such
theorists, in fact, address. Wilson (1975), for instance, quite clearly indicates that this
call for incapacitation of offenders (criminals in jail can no longer victimize) is applicable
to what we have described as conventional property offenders or common burglars and
thieves. Although a more practical, policy-oriented approach is needed, what is dis-
turbing in such theories is the relatively conservative ignorance of criminogenic, social
structural conditions, as well as an often cavalier disregard for theoretical approaches to
crime causation. Neoclassicists argue that less theory and more action are needed but
at times ignore the fact that the basic theoretical underpinnings of their own theories are
rooted in assumptions of 18th- century hedonism, utilitarianism, and free will. On
balance, however, they make a key point: that one need not have a basic explanation of
cause to meet pressing policy needs that cannot wait for a final explanation.
Rational Choice Theory
In another neoclassical theory, Cornish and Clarke’s (1986) rational choice theory
proposes that offenders weigh the opportunities, costs, and benefits of particular crimes.
The argument by rational choice theorists is not that individuals are purely rational in
their decision making but rather that they do consider the costs and benefits. A number
of factors may constrain choice, such as social factors, individual traits, and attitudes
toward crime. Rational choice theorists also argue for a crime-specific approach to
crime; that is, the circumstances involved in the typical burglary may differ from robbery
or domestic assault. Offender characteristics are seen as com- bining with offense types
in shaping offender choices. Rational choice theorists admit that much behavior is only
partly rational but that most offenders know quite well what they are doing. The criminal
justice system must make crime less rewarding by increasing the certainty and severity
of punishment. Crime is viewed as a matter of situational choice, a combination of
costs, benefits, and opportunities associated with a particular crime. Increasing
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prevention or decreasing the opportunity to commit crime is viewed as an important
means of deterring crime. Situational crime control could include target hardening
(securing of entries, doors, and locks), access control, entry screening, surveillance,
better lighting, property identification, and other means of reducing criminal opportunity.
Research support has been mixed for rational choice theory. Consideration is given for
the cost and benefit of crime, but many criminals do not carefully plan their crimes.
Changing such opportunity structures (e.g., creating defensible space and target
hardening) may discourage potential offenders. Analyses of offenders’ motivations,
however, have shown that many act impulsively and fail to fully consider negative
possibilities (Piliavin, Gartner, Thornton, &Matsueda, 1986; Tunnell, 1991). Crime File
5.1 presents an application of rational choice theory to controlling gang violence in Los
Angeles. Recent work examining “near repeat” burglary suggests that some offending
may in fact be at least in part rational. A near repeat burglary occurs when a target is
burglarized initially, but then a nearby property is burglarized afterward (Johnson et al.,
2007). The second burglary would be considered a near repeat burglary. The initial
target may not be burglarized because the owners took precautions after the event;
thus, the target has been “hardened.” The offender choosing a nearby target rather than
the one that has been hardened indicates some level of rationality.
Deterrence Theory
Other expressions of neoclassical theory can be found in the deterrence literature.

Themes such as “just deserts,” “three strikes and you’re out,” and mandatory
sentencing policies all reflect the assumption that the criminal is a rational actor and will
be deterred by more severe and certainpunishment. The just-deserts concept assumes
that individuals must pay for their wrongdoing and that they deserve or “have it (the
punishment) coming.” Reflected in the biblical lextalionis (law of the talons), an eye for
an eye and a tooth for a tooth, proper retribution is to be exacted for the wrongdoing.
Deterrence policy assumes rationality on the part of the actor, wherein specific
deterrence serves to discourage a particular individual from repeating a crime and
general deterrence targets others. Legislation such as “three strikes and you’re out,” in
which third-time offenders receive very severe punishment, has been found not to
work because juries are often reluctant to convict a third-time offender and judges
oppose such limitations on their discretion.
Criminology in Context 5.3 discusses the various justifications for punishment. The
deterrence argument best represents the classical and neoclassical explanations.
These arguments are also applicable to the death penalty debate.
Ecological Theory
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Whereas some would point to CesareBeccaria and his writing as the beginning point of
criminology, his primary interest was not so much the analysis of crime and criminals
as the reform of criminal law and punishment. Others point to the writings of Cesare
Lombroso, to be discussed shortly, and view the century between the works of the two
Cesares as a criminological Dark Age. On the contrary, the writings and research of A.
M. Guerry (1802–1866) of France and AdolpheQuetelet (1796–1874) of Belgium qualify
them as the fathers of modern criminology (Gibbons, 1982; Vold et al., 2002). Thomas
and Hepburn (1983) best reflect this writer’s view:
It is hard to understand why so many criminologists persist in their apparent conviction

that scientific criminology was not to be found until Lombroso. Nevertheless,
thewealth of scientific analyses published by those we can classify as members of the
statistical [ecological] school are commonly ignored while the often absurd and poorly
executed work of Lombroso is considered to be the first true criminological analysis.
(p. 138)
Another explanation for the popularity and widespread acceptance of the Lombrosians
and the relative obscurity of the early ecological theorists might be the fact that the latter
were not translated into English until much later (Thomas & Hepburn, 1983).
The ecological school of criminological theory is also referred to as the statistical, geo-
graphic, or cartographic school. Ecology is that branch of biology that deals with the
interrelation- ships between organisms and their environment. Human ecology deals
with the interrelationshipbetween human organisms and the physical environment. This
school was called statistical because it was the first to attempt to apply official data and
statistics to the problem of explaining criminality. The labels geographical and
cartographic have been assigned because writers in this group tended to rely on maps
and aerial data in their investigations.
Economic Theory
The three thinkers who would have a critical impact on the shaping of social ideas, as
well as criminological inquiry, in the 20th century did not even specifically address the
issue of crime. Their ideas, however, would influence criminological theorists in a
profound manner. The first figure was Karl Marx (1818–1883), whose Communist
Manifesto (1848) and Das Kapital (1868/1967), the former coauthored with Friedrich
Engels, emphasized the economic basis of societal conflict and would give birth to the
economic school of criminology. The second was Charles Darwin (1809–1882), whose
On the Origin of Species (1859) and The Descent of Man (1871) contained theories of
evolution, natural selection, and survival of the fittest that would heavily inspire the
biological positivists, to be discussed shortly. The third was Sigmund Freud (1856–
1939), whose many volumes dealing with unconscious sexual motivation would
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influence not only psychiatry but also the psychological positivists. These themes of
economics, biology, and sex underlie a large number of the criminological theories to be
discussed.
Various Kinds of Approaches in Criminology
In order to understand a subject people find out the ways and means to have access to
the goal. These ways and means are called the approaches.
There are nearly fifty kinds of approaches to Criminology and the same are described
and discussed briefly as under:
1. Anthropological Approach: Anthropologist is a person who specializes in the study

or science of man and his activities as a rational animal. Rational mens endowed with
reason. Webster gives “rational” as a synonym for “sane”. Rational actor model of crime
and criminal behaviour is based on the notion of free will, it proposes that human beings
choose to commit criminal behaviour and can be deterred through the threat of
punishment. Rational choice theory is contemporary variant of the rational actor model
that provides the theoretical foundations of situational crime prevention and which
proposes that human beings commit crime when the opportunity arises and that this can
be thwarted by removing the opportunity.
2. Biological Approach: It proposes that human beings commit crime because of

internal factors over which they have little or no control.
3. Causal Approach: This is a study of the causal link that exists between the
defendant’s action and the plaintiff’s injury. It is observation of facts in relation to
phenomenon of crime interpreting them in relation to the possible causes of criminal
behaviour. A cause may be necessary or sufficient. Factors like poverty, age, sex and
neighbourhood may be relevant in the interpretation of the criminal behaviour but those
are neither sufficient nor necessary for the commission of crime. For example if result B
invariably follows cause A whatever else may or may not happen A would be sufficient
cause but not always a necessary cause. If result be necessarily follows cause A only if
A and certain other factors are present, then A is a necessary cause but not a sufficient
cause. If result B invariably follows cause A without any other factors being required,
and cause A cannot be replaced by any other alternative, then cause A is both sufficient
and necessary cause.1 This is the reason says Ahmad Siddiq, why no particular crime
or criminal behaviour in general can be explained by one cause alone nor can it be said
that a particular cause shall always lead to a particular criminal situation. The danger
which, therefore, exists in social sciences is to confuse sometimes the correlations
between observed facts and situations with the nexus between them. Correlations2
despite being valuable in understanding a certain phenomenon are certainly not an
infallible guide.3
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4. Chromosome Factor Approach: A chromosome is one of the rod-shaped or loop
shaped bodies, usually paired, found in the nucleus of every cell and contains genes.
Studies were conducted by T.R. Sarbin and J.E. Miller that criminal behaviour has in the
past been attributed to defective or evil forces within the human. Although rejected by
modern researchers, this theory has been supplanted by the belief in a causal
chromosomal pattern. This study cites evidence and opinions that both theories are
without foundation. 4
5. Cultural Approach: Literally, culture is micro-organism, tissue or organ growing in

or on a medium or other support, to cultivate such in this way. In Latin language
“cultura” means culture, tillage. Industrial fruits are said to be so derived, in
contradistinction to natural fruits, which are said to spring up sponte, without artificial or
human labour. A cultural defence is a defence to prosecution of a criminal act, often
child abuse, child neglect or child endangerment that according to the defendant results
from his or her cultural background. This defence is sometimes raised by those accused
of female genital mutilation.5
6. Deficient in Probity Approach: The criminals deficient in probity, says Dr. Maurice
Parmellee, commit crimes against property. Here unquestionably, social factors are
much more influential than in the preceding classes. But this fact does not always
prevent us from detecting in the criminal’s organism an element which pre-exists any
effect of environmental influence. The sentiment of probity is undoubtedly less
instinctive than that of pity or to state the matter more accurately it is not so strictly
dependent upon the organism. It is a sentiment of more modern acquisition, it
represents or super posed, almost superficial, stratum of the moral sense and
consequently is less susceptible of the hereditary transmission than the sentiment of
pity. It lacks. Moreover the peculiarity congenital nature for which education can furnish
no substitute. In a civilized society this sentiment of probity is generally the effect of
examples in infancy which continually renewed has produced an ingrained instinct
which in all probability will persist for life.6
7. Descriptive Approach: It describes the phenomenon of crime and those who

commit it. It covers all aspects such as personal traits of criminal and the various forms
of criminal behaviour. According to Hermann Mannheim, it can be called the
Phenomenology or Symptomatology.7
8. Durham Rule Approach: This approach is based on the rule laid down by the
District of Columbia Court of Appeals in the case of Durham v. United States, 214 –F 2d
862 (1954). The rule is that in order to find a defendant not guilty by reason of
insanity the defendant’s criminal act must be the product of a mental disease or
defect.8
9. Organically Inferior human traits Approach: This study was carried by Eavert
A. Hootan and William H. Sheldon. Hootan stated that criminals are organically
inferior. Crime is the resultant of the impact of environment upon low grade human
organism. According to him criminals were characterized by low and sloping foreheads,
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thin lips, compressed jaw angels, straight hair, thin beard and coloured eyes, nasal
bridges and tips varying to both extremes breadth and narrowness, protruding and small
ears, tattooing, long thin necks and sloping shoulders. Hootan also tried to establish
some nexus between physical characteristics and the type of offences the offender
committed, such as the murderers and robbers were tall and thin stature, thieves and
burglars were undersized, while sexual offences and assaults were committed by
persons of short and heavy constitution. George b. Vold in his book titled as Theoretical
Criminology, contradicted such a nexus by pointing out that half of the prisoners studied
by Hootan were convicted of different offences earlier. Hootean had studied 13,873
male criminals and 3023 persons of control group. The study was conducted in various
American States.9 William H. Sheldon classified the human constitution in to three
types, namely, endomorphic which was represented by round, soft, fat bodies with short
tapering limbs and small bones, mesomorphic which was reflected in muscular bodies
with large trunk, heavy chest, large wrists and hands and heavy bones; andectomorphic
which was shown in lean and delicate bodies drooping shoulders, small face and
delicate bones. He found the delinquent to be predominantly mesomorphic. He rejected
legal definition of delinquency as inadequate for a dynamic society and good enough for
a Ph.D. thesis in Sociology only. He substituted an undefined expression disappointing
performance in place of delinquency, which has rightly been held a bizarre by some
critics. As regards the finding on the basis of physical characteristics it has rightly been
pointed out that he did not employ any control group for the purpose of comparison with
non-criminals.10 Marshall B. Clinnard has criticized the studies under taken by Hootan
and Sheldon on the ground that the two have different ideas regarding physically inferior
type of people. To Hootan the criminal is and inadequately developed runty fellow, while
to Sheldon the criminal is husky and athletic type fellow.11
10. Economic Approach: It studies external economic factors.
11. Endemic Approach: It studies those factors that arise from local conditions or
belong to a particular period of the year, or the specified area that make a man criminal.
12. Environmental Approach: It seeks to explain the phenomenon of criminal

behaviour with reference to factors outside the personality of the delinquent.
13. Functional Psychosis Approach: As to mental quality an offender is either normal

or abnormal. The abnormal is called pathological. The Pathological offenders may be
psychotics (the most serious abnormal in magnitude and degree of abnormality by
standard diagnosis or observation made by the experts in the field , the first group) or
neurotics and psychopaths (lesser in abnormality than the first group) and the mental
defectives (the residue class of abnormal offenders after the first and the second
group). The Psychotics are of two types, having psychosis of organic origin and having
psychosis of non psychosis origin or functional psychosis.12
Organic psychosis is of many kinds, such as,-
• General paralysis of the insane (Patients of this abnormality commit offences with
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astonishing openness and silliness);
• Traumatic psychosis (Patients of this abnormality commit crimes of violence);
• Encephalitis Lethargica (Patients of this abnormality commit crimes of explosive and
sexual nature);
• Senile Dementia (patients of this abnormality are of old age and commit varying
crimes);
• Puerperal Insanity (Patients of this abnormality are women who suffer this sort of
abnormality during pregnancy or in post pregnancy period- may be due to the birth of an
illegitimate child or economic distress and strain. Such patients commit the offence of
infanticide and petty thefts); and
• Epilepsy (Patients of such abnormality commit crimes of sudden violence).
Psychosis of Non Organic Origin or Functional Psychosis is also of many kinds,

such as,-
• Paranoia (Patience of this abnormality suffer from hallucinations and they react
accordingly.
• Manic Depressive Psychosis (Patients of this abnormality suffer from alternating
moods of elation and excitement and of depression and melancholia. They commit
offences, petty stealing, swindling and violence including murder).
• Schizophrenia (Patients of this abnormality suffer split-mindedness. The period of
such sufferance is adolescence. The impact is gradual. Such patients commit crimes
according to the impacts).13
14. Geographical Approach:
John Lowman in his article titled as Conceptual Issues in the Geography of

Crime: Toward a Geography of Social Control says:
In this paper I describe and question some of the basic premises, beliefs, and values
implicit in the geography of crime. The critique focuses on the analytic separation of
crime and the control of crime, a separation that has informed most geographic
research on crime. Using an instrumentalist methodology, geographers have studied
crime, law, and the judicial system without any systematic consideration of the impact of
the control system on crime patterns. A discussion of interactionist and critical
perspectives in criminology raises questions about the correctionalist impulse of much
of the geography of crime, the prima facie interpretation of official crime statistics
guiding it, the hypostatization of criminal behavior informing it, and the general
consequences of a perspective that abstracts crime from its sociolegal context. The
paper outlines several strategies for developing an integrated analysis of crime and
control.14
15. George B, Vold’s Approach: Theoretical Criminology of George Bryan Vold, 15 is

an empirical research within specific theories; the "biosocial" approach; theoretical
explanations for gendered differences in crime; low self-control and the general theory
of crime; Control Balance Theory; and General Strain Theory. It also discusses Lonnie
Athens's Theory of "Violentization;" Agnew's General Theory; Zimbardo's "Lucifer
13 | CRIM 400
Effect;" the Cambridge Youth Violence Study; and Coercion and Social Support.
16. Heredity and Criminal Families Approach: Studies were conducted by Arthur
Dugdale in the United States of America on the Jukes (1877) and by Henry Herbert
Goddard on the Killikaks (1912). Studies were also conducted by Charles Goring, Healy
and Broner, Sheldon and Eleanor, Glueck and Cyril Burt.
17. Individualistic Approach: It focuses its attention on the biological, mental and
other characteristics of the offender to explain the cause of his delinquent behaviour.
Professor Ahmad Siddiq’s conclusion on individualistic approaches is logical and
appealing to reason. He says: The individualistic approaches have lost much of the
credibility with the advent of more sophisticated environmental theories. Their main
weakness lies in the fact that they fail to see that the crime represents a socio-cultural
phenomenon which is not associated with the physical or mental equipment of an
individual as such. To use the words of Taft and England, individual conformity or no
conformity to criminal codes are as much socio-cultural phenomenon as speaking or
failing to speak grammatical English and are not necessarily indicative of the
possession of abnormal biological or psychobiological traits. It cannot, however, be
denied that the constitutionalists focussed attention on the personality of the criminals
for the first time, which was a step in the right direction towards modern criminology.16
18. Irresistible Impulse Approach:
19. Lascivious Approach:
20. M’Naghten’s Rules Approach:
In the Criminal Law, the traditional common law M'Naghten Rules excused all persons
from liability if they did not understand what they were doing or, if they did, that they did
not know it was wrong. The consequences of this excuse were that those accused were
detained indefinitely or until the medical authorities certified that it was safe to release
them back into the community. This consequence was felt to be too draconian and so
statutes have introduced new defences that will limit or reduce the liability of those
accused of committing offences if they were suffering from a mental illness at the
relevant time Suchdefences are called the insanity and mental disorder defences
M’Naghten Rules
The present law relating to insanity as a defence in India is based on what are known as
M’Naghten Rules laid down in England in 1843. In case R v. Arnold, wild beast test was
applied which required that in order to be eligible for the defence, the accused must be
totally deprived of his understanding and reasoning; so much so that he did not know
what he was doing any more than an infant or a wild beast. In R v. Hadfield, Hadfield
suffered from delusion that the world was coming to an end and that he had been
destined by God to sacrifice himself to save mankind. Suicide being regarded as
wicked, he decided to shoot King George-III in order to be hanged for the crime. Quite
14 | CRIM 400
clearly, he was not eligible for the defence of insanity if the wild-beast test was applied.
He was nevertheless acquitted. The judicial attitude in the case reflected a more
progressive attitude than in Arnold case. However, this trend was subsequently
reversed in M’Naghten case (1843). Daniel M’Naghten suffered from paranoia and
imaged the Prime Minister, Sir Robert Peel to be one of his enemies and decided to kill
him, but happened to kill Peel’s secretary by mistake. After being tried for murder, he
was acquitted on the ground of insanity. This decision invited the focus of the attention
of government as well as public on the uncertain state of the law of insanity in the
country. The issue was debated in the House of Lords and an unusual procedure was
employed to seek clarification of the law. The House submitted some abstract questions
of law to the High Court Judges and the answer elicited formed M’Naghten Rules, which
provide the basis of the defence of insanity in England, India and USA and other
common law countries and can be summarized as follows:-
i) Everyone is presumed to be sane until the contrary is proved.
ii) A person has the defence of insanity, if due to disease of the mind, he was
incapable of knowing the nature and quality of his act or if he did know this, he did not
know that he was doing a wrong.
iii) That if a man commits a criminal act under an insane delusion; he is under the
same degree of responsibility as he would have been on the facts as he imagined them
to be.
It is evident from the above that it is not every kind or degree of insanity recognized by
psychiatry, which may provide a valid defence in criminal law. The legal concept is
much narrower and is confined to the cases of total destruction of cognitive faculties i.e.
when the accused is found incapable of distinguishing between right and wrong. Section
84 of the Pakistan Penal Code therefore, introduces this concept. The rules have been
criticized as being unscientific, vague and involving procedural difficulties for the
accused. The major criticism is that the rules recognize only the extreme case of
insanity i.e. when there is a complete impairment of the cognitive faculties. According to
the rules, a person is either sane or insane as if there are no shades of insanity in
between the two extreme positions. However, in England, this concept has been
corrected by the incorporation of the concept of ‘diminished responsibility’ in the
Homicide Act of 1957. In United States, a test laid down in Durham v. United States
(1954) broadened the scope of the expert testimony. The Durham test laid down that:
“An accused is not criminally responsible if his unlawful act was the product of mental
disease or defect”
The Durham Rule was applauded by the medical profession but has been criticized by
lawyers as a non-rule, being ambiguous and depending too much on expert opinion.
The court therefore, tried to keep the rule within manageable limits through subsequent
cases like McDonald v. United States (1962) and Washington v. United States
(1967).17
15 | CRIM 400
21. Mental Deficiency Approach: It was the approach of Jean E.D Esquirol in France
and Isaac Ray in the United States of America.
22. Modern Crimino-Biological School Approach:
23. Multifactor Approach:
24. Neurosis Approach:
25. Multifactor Aproach:
26. Non-Normative Approach: It is an approach just like other non-normative

disciplines i.e. sociology or psychology keeping itself detached from the “ought” of the
policy questions and instead focussing only on the observed phenomenon.
27. Normative Approach:
28. Objective Approach: It is an approach to criminology as to “what ought to be?” In

other words it focuses on the “ought” of the policy questions. The approach is
conducted by those who consider the Criminology as a discipline which is normative. It
studies facts and their interpretation and also the issues of reform of criminal law and
penal system.
29. Objective Approach: Criminal behaviour when explained in terms of factors

extraneous to the offender which are social, sociological, cultural and economic, the
approach is called objective. Donald R.Taft is the authority on the subject.
30. Organic Psychosis Approach:
Organic psychosis is of many kinds, such as,-
• General paralysis of the insane (Patients of this abnormality commit offences with
astonishing openness and silliness);
• Traumatic psychosis (Patients of this abnormality commit crimes of violence);
• Encephalitis Lethargica (Patients of this abnormality commit crimes of explosive and
sexual nature);
• Senile Dementia (patients of this abnormality are of old age and commit varying
crimes);
• Puerperal Insanity (Patients of this abnormality are women who suffer this sort of
abnormality during pregnancy or in post pregnancy period- may be due to the birth of an
illegitimate child or economic distress and strain. Such patients commit the offence of
infanticide and petty thefts); and
• Epilepsy (Patients of such abnormality commit crimes of sudden violence).
31. Physiological Approach: It is an approach to criminology made by

endocrinologists who found that glandular malfunctioning caused the delinquent
16 | CRIM 400
behaviour. This study was conducted by Donald R. Taft in the American context.
32. Preventive Approach: It is the study of those conditions which are responsible for
crime causation and the ways and means to eliminate such conditions. Prevention is
better than cure seems to be the motive behind such scientists.
33. Psychoanalytical Approach: It is an approach to criminology wherein studies are

conducted by the scientists by psychoanalysis. Sigmund Freud is the propounder of this
methodology to control deviant behaviour.
34. Psychogenic Approach: A psychogenic mode in Psychohistory is a type of

mentality (or psychoclass) that results from, and is associated with, a particular
childrearing style.
35. Psychopathy Approach: Psychopathy is a condition in which a person appears to

be psychologically normal but in reality has no sense of responsibility, shows disregard
for truth, is insincere, and feels no sense of shame, guilt or humiliation. It is also called
sociopathy.
36. Punitive Approach: It is a study of reaction to crime in a society. The traditional

reaction, of a universal nature is that the society regards the criminal as a basically bad
and dangerous sort of person and the object under this approach is to inflict punishment
on the offender to protect the society from his onslaughts.
37. Religious Approach: Religion is the way of life. It is based on Divine Guidance
which was promised since the time man was sent down to the earth to manage its
affairs. True religion teaches truthfulness, cooperation, mutual respect, honesty,
toleration and brotherhood. It is the exploitation and vested interests that created hatred
and enmity among mankind. Responsibility has come with accountability. The most
honoured in the sight of God is he who is the most pious. Piety means observance of
duty. The duty is to serve mankind, to fulfil obligations honestly and to extend peace
and blessings by words and action. No religion teaches immorality or misconduct or bad
behaviour. There is no compulsion in the matter of Religion. A Muslim is to believe in
the truthfulness of the Prophethood of all the true Past Prophets (Peace be on all of
them). One of the glorious attribute of Hadrat Muhammad, the Last Messenger of Allah (
‫ )وﺳﻠﻢآﻟہ و ﻋﻠﯿہﷲﺻﻠﯽ‬is that he has been sent by God as a Mercy for all the worlds. Islamic
justice is blended with mercy. The more the knowledge will advance the more this truth
will convince the people. Islam is not against any search for the truth. It is all welfare
and well wishing of the mankind. All its principles are in the interest of the people
throughout the universe. Its call and invitation is open till the Last Day of the Universe.
To excel in goodness is the command. Goodness in speech, goodness in action,
goodness towards one’s own inner and outer self, goodness towards parents and
relatives, friends and foes, near and remote, animate and inanimate, even goodness
towards all environment (by way of keeping it clean and unpolluted). Standard and
touchstone to test the right from the wrong is available in the ’UswahHasanah (the
excellent model) in the life of the Messenger of Allah (‫)وﺳﻠﻢآﻟہ و ﻋﻠﯿہﷲﺻﻠﯽ‬.
17 | CRIM 400
38. Sheldon and Eleanor somatotype test Approach:
Sheldon GlueckandEleanor Glueck, Eleanor Glueck née Eleanor Touroff

(respectively, born Aug. 15, 1896, Warsaw, Pol., Russian Empire—died March 10,
1980, Cambridge, Mass., U.S.; born April 12, 1898, Brooklyn, N.Y., U.S.—died Sept.
25, 1972, Cambridge, Mass.), American criminologists and researchers at Harvard Law
School, a husband-and-wife team whose numerous studies of criminal behaviour and of
the results of correctional treatment profoundly influenced criminal justice, both
legislatively and administratively.
Sheldon Glueck went to the United States from his native Poland in 1903 and was
naturalized in 1920. He studied at Georgetown University, National University Law
School (LL.B.), and Harvard University (M.A., Ph.D.) and taught at Harvard from 1925 to
1963, becoming professor emeritus in 1963. Eleanor Touroff graduated from Barnard
College in 1919 and entered the New York School of Social Work, from which she took
a diploma in 1921. At Harvard, where she enrolled in the Graduate School of Education,
she met Glueck. The two were married in 1922. The following year Eleanor
Glueck received a master’s degree in education and in 1925 a doctorate. That year she
became a research criminologist in the department of social ethics at Harvard. In 1928
Eleanor moved to the Harvard Law School as a research assistant in the Crime Survey;
the next year her husband joined the faculty of the law school as assistant professor,
and in 1930 Eleanor Glueck was given a regular faculty appointment. From 1925 they
jointly researched criminal character and behavior.
Encouraged by Richard C. Cabot of the Harvard Medical School and Massachusetts

General Hospital, the Gluecks undertook a detailed study of former inmates of the
Massachusetts Reformatory, publishing their thoroughly documented findings as 500
Criminal Careers (1930), a pioneering work in the field. Follow-up studies of the same
men were published as Later Criminal Careers (1937) and Criminal Careers in
Retrospect (1943). The parallel study Five Hundred Delinquent Women (1934),
conducted at the Massachusetts Reformatory for Women, together with One Thousand
Juvenile Delinquents: Their Treatment by Court and Clinic (1934) and Juvenile
Delinquents Grown Up (1940) rounded out a body of work that constituted virtually the
whole of extant scientific literature on criminals, the efficacy of various penal and
rehabilitative theories, and recidivism.
Subsequent books by the Gluecks included Unraveling Juvenile Delinquency (1950), in

which they published their controversial Social Prediction Tables by which they claimed
potential delinquents could be identified by the age of six, Delinquents in the
Making (1952), Physique and Delinquency (1956), Predicting Delinquency and Crime
(1959), Family Environment and Delinquency (1962), Ventures in
Criminology (1964), Delinquents and Nondelinquents in Perspective (1968), Toward a
Topology of Juvenile Offenders: Implications for Therapy and Prevention (1970),
and Identification of Predelinquents (1972). The Gluecks shared numerous honours for
their work.19
18 | CRIM 400
39. Social Approach: Man may live in isolation but generally he lives in society.
Society has many and various institutions. The first and the foremost is family which
gives him social contact in the world. The world for him begins from his parents,
brothers and sisters, uncles and aunts, cousins and then it goes on extending to other
relatives, friends etc. Impact of this comes on the personality of man at all stages of his
life. Love and affection, hatred and inattentiveness all have their effect on the formation
of human personality.
Researches have been conducted in almost all jurisdictions in the world. One such
research was conducted by Ruth Topping in the New York State Training School. the
personality characteristics of the aggressive delinquents included an acute desire for
acceptance and affection, aggressive speech flavoured with threats to kill people, and a
sense of having a hard life and being faced with unequal odds.20
37. Statistical Approach:AdolpheQuellet, a Belgian statistician and astronomist,

applied the statistical method in criminological research in the same way as it was
applied in the study of other social phenomenon to determine the possible patterns and
regularities in mass criminal behaviour. According to Ahmad Siddiq, the approach being
concerned primarily with mass criminal behaviour could hardly be expected to take into
account factors like the will of the individual and was therefore highly deterministic in its
orientation. The other eminent statistician who did some pioneering work with statistics
in his cartographic technique was A.M. Guerry. His work eventually proved the way for
what has become to be known as the Chicago School of Criminal Ecology.21
Statistics are collected by the Government departments, the researchers etc., the Police
and the Courts. As all are not reported to the Police and even by lodging a complaint
before the competent Magistrate, the data is not fully complete and reforms based on it
would have that deficiency felt at different stages. Yet to have some thing is better than
to have nothing concrete in the form of statistics.
Subjective Approach: Criminal behaviour when explained in terms of factors within

criminal, i.e. physical, biological and mental traits, the approach is called subjective
approach to Criminology. It does not mean the involvement of the personal speculations
or opinion of the investigator. It means the individual (i.e. the offender whose behaviour
is to be studied, observed, recorded, tested and verified on the standard set for such
investigation. Donald R. Taft is the authority on this subject.
40. Therapeutic Approach: This approach is of recent origin. It considers the criminal
as a victim of circumstances and a product of various factors within the criminal and the
society. This approach regards the criminal as a sick person requiring treatment. It is
called therapeutic approach. Professor David B. Wexler has done much work on the
Therapeutic Jurisprudence which is commendable.22
41. Twin Research Approach : Studies conducted by German Psychiatrist

Johannes Lange.
19 | CRIM 400
The scientific study of human twins began in the 1870s when Sir Francis Galton
(1822- 1911) published a series of articles arguing that heredity (nature) was a stronger
factor than environment (nurture) in determining the respective characteristics of twins.
He later suggested that identical twins might come from a single egg while non-identical
twins might come from two separate eggs, simultaneously fertilized and implanted. This
guess, published in Inquiries into Human Faculty and its Development (1883), was later
proved correct, but neither Galton nor his contemporaries had any rigorous evidence to
support it.
Human twin studies are important for genetic and psychological research because twins
provide a natural control for experiments. Because respect for each twin's feelings,
privacy, and personhood is easy for even the best-intentioned scientist to compromise,
and because twin research readily evokes eugenics, some twin studies will probably
always remain controversial, both ethically and scientifically.
Twin studies ramify into genetic, embryological, biochemical, immunological, behavioral,

anthropological, psychological, and sociological aspects. Among the questions asked
are: What genetic, biological, or environmental factors cause twinning? How do the
inherited and acquired traits of twins differ from those of singletons? How do the traits of
identical (monozygotic) twins differ from those of non-identical (dizygotic) twins? Why
and how does one twin typically dominate the other? What are the effects when
monozygotic twins grow up apart? What are the effects of adoption?
American scientists such as Horatio Hackett Newman (b. 1875), Frank Nugent Freeman
(b. 1880), and Karl John Holzinger (b. 1892) at the University of Chicago extended
Galton's tradition of careful twin research. Their 1937 work, Twins: A Study of Heredity
and Environment, is a landmark in the literature of nature versus nurture. In 1940,
capitalizing on the widespread frenzy over the Dionne quintuplets (b. 1934), Newman
wrote a semi-popular work, Multiple Human Births: Twins, Triplets, Quadruplets, and
Quintuplets, speculating on the biological or genetic causes of their seemingly
miraculous birth and survival.
Motivated primarily by eugenics, twin studies took a more sinister turn in Germany in the
early twentieth century. Johannes Lange (1891-1938) argued that criminal propensities
in one twin increased the likelihood of similar sociopathy in the other. His 1929
book, VerbrechenalsSchicksal: Studien an kriminellenZwillingen(Crime as Fate: Studies
of Criminal Twins), was admired by the British eugenicist John Burdon Sanderson
Haldane (1892-1964) and translated into English in 1930 by Haldane's wife,Charlotte
(1894-1969), as Crime and Destiny.
German studies of twins, heredity, and genetics in the 1930s became inseparable from
the politics of race. In 1935, a wealthy Bavarian from a prominent family, a member of
the Sturmabteilung (SA) received a Ph.D. in anthropology at theUniversity of Munich
with a dissertation entitledRassenmorphologischeUntersuchungen des
vorderenUnterkieferabschnittsbeivierrassischenGruppen (Race-Morphological
20 | CRIM 400
Investigations of Sections of the Anterior Lower Jaw in Four Racial Groups). He then
enrolled at
the University of Frankfurt Institute for Hereditary Biology and Racial Hygiene to study
under OtmarFreiherr von Verschuer (1896-1969). He joined the Nazi party in 1937 and
itsSchutzstaffel (SS) in 1938. His second dissertation, SippenuntersuchungenbeiLippen-
Kiefer-Gaumenspalte (Genus Investigations on Cleft Lip, Jaw, and Palate) gained him
an M.D. in 1938. As an officer in the medical corps of the Waffen SS on the Russian
front, he was twice decorated for bravery, seriously wounded, sent home in 1942 to
recover, then assigned to Auschwitz as camp physician, where he arrived on 30 May
1943. This Bavarian was Josef Mengele (1911-1979).
Mengele had a morbid and perverse fascination with twins, and saw in the
concentration camp an endless supply of subjects for his experiments. Verschuer
arranged for full funding of Mengele's research at Auschwitz, provided that Mengele
would send the most significant data and specimens to Frankfurt. Mengele arranged to
be the camp's principal "selector," deciding who would die and who would live. He
ordered all twins lives spared for his purpose of study.
Mengele's twin studies were marked by arbitrariness, cruelty, and lack of scientific rigor.
His work was mostly randomm trial and error, without hypotheses. Among his
obsessions was trying to change eye color to blue. These attempts would often result in
pain, infection, or blindness among the subjects. Convinced that the inmates at
Auschwitz were less than human, Mengele kept his subjects naked so that he could
measure and observe them more easily. He would inject, bleed, dismember, irradiate,
or transfuse his twins, expose them to diseases, or perform unconventional surgical
procedures on them without anesthesia. Mengele often killed one or both twin,
dissected the bodies, and sent the results to Verschuer. Mengele's experiments
involved over 1,500 pairs of twins. Only about 200 of these twins survived.
After World War II, Mengele escaped to South America. In 1959, prompted by Jewish
"Nazi hunters," West Germany issued a warrant for Mengele's arrest. The Universities
of Munich and Frankfurt revoked his degrees in 1964. A surviving pair of "Mengele
Twins," Eva and Miriam Mozes (b. 1935), founded the internationalsupport
group C.A.N.D.L.E.S. (Children of Auschwitz Nazi Deadly Laboratory Experiments
Survivors) in 1985.
Not all twin research is as inhumane, illogical, or useless as Verschuer's and Mengele's.
Yet, because of Auschwitz, reasonable and legitimate twin researchers after World War
II experienced some difficulty in restoring its domain of inquiry to the level of approval
enjoyed in Galton's time. In 1951, Italian geneticist Luigi Gedda (1902-2000) published
the first significant postwar work on twins, Studio deigemelli (A Study of Twins), a large
book that was partially translated into English in 1961 as Twins in History andScience.
Twin research gained momentum in the 1960s as geneticists revived Newman's interest
in discovering the causes of higher-order multiple births.
In 2001, the leading scientific investigator of twins was Thomas Joseph Bouchard, Jr.
(b. 1937), professor of psychology at the University of Minnesota and director of the
21 | CRIM 400
Minnesota Center for Twin and Adoption Research. Beginning in 1990, his team
published copiously on the results of the project they conducted from 1979 to 1999, the
Minnesota Study of Twins Reared Apart, wherein they periodically administered
batteries of psychological, educational, medical, and dental tests to a large population of
monozygotic and dizygotic twins and their spouses. Data was collected and maintained
by the Minnesota Twins Registry. From 1987 to 2001, the team did a longitudinal study
on twin aging, using subjects between 24 and 66 years old at first appointment.23
42. Violent Due to Environmental Influences as Prejudices of Honour, Politics and

Religion, Approach.
To assess genetic and environmental influences on adult mortality, we followed 960

families that included children born during the period 1924 through 1926 who were
placed early in life with adoptive parents unrelated to them. We evaluated the risks of
dying from all causes or from specific groups of causes between the ages of 16 and 58
years for adoptees with a biologic or adoptive parent who died of the same cause
before the age of either 50 or 70. We compared these risks with the adoptees' risk of
dying from the same causes between the ages of 16 and 58 when either the biologic or
adoptive parents were still alive at the ages of 50 and 70.
The death of a biologic parent before the age of 50 resulted in relative risks of death in
the adoptees of 1.71 (95 percent confidence interval, 1.14 to 2.57) for all causes, 1.98
(1.25 to 3.12) for natural causes, 5.81 (2.47 to 13.7) for infections, 4.52 (1.32 to 15.4)
for cardiovascular and cerebrovascular causes, and 1.19 (0.16 to 8.99) for cancers. The
death of an adoptive parent resulted in relative risks of death in the adoptees that were
close to unity for all causes, natural causes, and infections, 3.02 (0.72 to 12.8) for
vascular causes, and 5.16 (1.20 to 22.2) for cancers. A similar but weaker pattern was
observed when either a biologic or adoptive parent died before the age of 70.
We conclude that premature death in adults has a strong genetic background —
especially death due to infections and vascular causes. In contrast, death from cancer,
and possibly also from vascular causes, appears to be influenced by the family
environment. (N Engl J Med 1988; 318:727–32.).24
Two Forms of Corrections
1.Institutional Corrections
Institutional corrections facilities include prisons and jails. Prisons are state or federal
housing facilities that confine convicted felons with sentences typically longer than a
year. Jails are administered by local law enforcement and hold offenders with shorter
sentences — usually for 1 year or less — and those awaiting trial.
2.Community Corrections
22 | CRIM 400
Community corrections programs oversee offenders outside of jail or prison, and are
administered by agencies or courts with the legal authority to enforce sanctions.
Community corrections include probation — correctional supervision within the

community rather than jail or prison — and parole — a period of conditional, supervised
release from prison.
OVERVIEW OF PHILIPPINE JUVENILE JUSTICE AND WELFARE
I. THE JUVENILE JUSTICE AND WELFARE LAW
Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile
Justice and
Welfare System as a system dealing with children at risk and children in conflict with the
law, which provides child-appropriate proceedings, including programmes and services
for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their
normal growth and development.
Instead of using the word “juvenile”, Philippine laws made use of the word “child”. As
defined in R.A.No. 9344, “Child” is a person under the age of eighteen (18) years. While
“Child at Risk” refers to a childwho is vulnerable to and at the risk of committing criminal
offences because of personal, family and socialcircumstances. Some of the examples
mentioned in the law are: being abandoned or neglected, and living in a community with
a high level of criminality or drug abuse.
“Child in Conflict with the Law” or CICL on the other hand refers to a child who is
alleged as, accused of, or adjudged as, having committed an offence under Philippine
laws.
A child can commit an act or omission whether punishable under special laws or the
amended Revised Penal Code which is referred to as an “Offence”. Under Republic Act
10630, offences which only apply to a child and not to adults are called “Status
Offences”. These shall not be considered as offences and shall not be punished if
committed by a child. Examples of status offences include curfew violations, truancy,
parental disobedience and the like.
Before R.A. No. 9344 was enacted, children at risk and CICL were treated much like
adult offenders as when former President Ferdinand Marcos, Sr. signed into law the
Judiciary Reorganization Act 1980 which abolished the juvenile and domestic relations
courts. As such child offenders were subjected to the same adversarial proceedings as
their adult counterparts.
23 | CRIM 400
As an offshoot of the United Nations Convention on the Rights of the Child (UNCRC),
the R.A. No. 9344 intends to deal with these children without resorting to judicial
proceedings. Instead of punishing juvenile offenders and treating them as criminals,
these child offenders will be provided by the State and the community with assistance to
prevent them from committing future offences.
II. THE PHILIPPINES AS A JUVENILE JUSTICE ADVOCATE
As a signatory to the United Nations Standard Minimum Rules for the Administration of
JuvenileJustice (The Beijing Rules), the United Nations Guidelines for the Prevention of
Juvenile Delinquency (The Riyadh Guidelines), the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty and the most importantly the
Convention on the Rights of the Child, the Philippines guarantees the protection of the
best interests of the child in accordance with the standards provided for by these
international laws.
In the Philippines, members of Congress had passed bills intended to make laws more
consistent withthe Philippines’ advocacy on juvenile justice. As much as the Philippines
should be concerned with a juvenile justice system in harmony with international
policies, the dominant goal is to achieve a standard national policy on CICL rather than
an accurate reproduction of an international model on CICL.
III. THE PHILIPPINE JUVENILE JUSTICE SYSTEM
A. Diversion and Intervention Programmes
The main features of R.A. No. 9344 are the diversion and intervention programmes.
During the diversion process, the responsibility and treatment of CICL will be
determined on the basis of his/her social, cultural, economic, psychological or
educational background without resorting to formal court proceedings. If the CICL is
found to be responsible for an offence, he/she will be required to undergo diversion
programmes without resorting to formal court proceedings. During the intervention
programmes on the other hand, they will undergo a series of activities to address issues
that caused them to commit an offence. These may take the form of counselling, skills
training, and education. The bigger the role these diversion and intervention
programmes play in child behaviour development, the more acceptance and social
legitimacy these programmes are likely to enjoy in resolving problems with CICL.
B. Age of Criminal Responsibility and the Presumption of Minority
R.A. No. 9344 likewise raises the age of criminal responsibility from nine years of age
under Presidential Decree 603 to a minimum of 15 years old. CICLs aged 15 and above
are also exempted from criminal liability unless the prosecution proves that they acted
24 | CRIM 400
with discernment — the capacity to distinguish right from wrong. These child offenders
are also afforded all the rights of a CICL until he/she is proven to be eighteen (18) years
old or older under the “presumption of minority” rule. In all proceedings, law
enforcement officers, prosecutors, judges and other government officials concerned are
mandated to exert all efforts at determining the age of the CICL.
C. Restorative Justice
The concept of “restorative justice” as opposed to retributive justice has also been
introduced by R.A. No. 9344. It espouses resolving conflicts with the maximum
involvement of the victim, the offender and the community. It primarily aims to achieve
reparation for the victim, reconciliation of the offender, the offended and the community,
and enhancement of public safety. It also ensures that the child’s rights will not be
infringed when he/she admits to the offence.
IV. THE PHILIPPINES’ TREATMENT OF CICL
A. Treatment of Children below the Age of Criminal Responsibility
If it has been determined that the child taken into custody is 15 years old or below, the
authority which will have an initial contact with the child, in coordination with the Local
Social Welfare Development Officer (LSWDO), has the duty to immediately release the
child to the custody of his/her parents orguardian, or in the absence thereof, to the
child’s nearest relative. If they cannot be located or they refuseto take custody of the
child, the CICL may be released to any of the following: a duly registered
nongovernmental or religious organization, a barangay official or a member of the
Barangay Council for the Protection of Children (BCPC), LSWDO, or the Department of
Social Welfare and Development (DSWD).
Authorities which have initial contact with the child refer to law enforcement officers or
private citizens apprehending or taking custody of the CICL.
If the LSWDO determines that the child is abandoned, neglected or abused by his
parents, and the best interest of the child requires that he/she be placed in a youth care
facility or “BahayPag-asa”, the child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the child. But if there are no parents or
guardians, or they will not execute it, the LSWDO or the DSWD shall file the proper
petition for involuntary commitment. Only those who are at least 12 years old can be
committed to a youth care facility.
B. Treatment of CICL Depending on Whether They Acted with or without

Discernment
25 | CRIM 400
The social worker using the discernment assessment tools developed by the DSWD will
come up with an initial assessment which is without prejudice to the preparation of a
more comprehensive case study report. The local social worker can either release or
commit the child to a youth care facility if he/she is 15 years or below or above 15 but
below 18 years old but who acted without discernment. However, if the child is above 15
years old but below 18 and who acted with discernment, diversion should be
implemented.
C. System of Diversion
If the imposable penalty for the crime is not more than six years’ imprisonment,
mediation, family conferencing and conciliation, or other indigenous modes of conflict
resolution in consonance with restorative justice shall be facilitated by the law
enforcement officer or Punong Barangay with the assistance of the LSWDO or
members of the BCPC. Both the child and his/her family shall be present in these
activities.
In victimless crimes where the imposable penalty is not more than six years’
imprisonment, the LSDO shall develop an appropriate diversion and rehabilitation
programme, in coordination with the BCPC. Again, involvement of the child and his/her
parents or guardians is a must.
Where the imposable penalty for the crime committed exceeds six years’ imprisonment,
diversion measures will only be decided by the courts.
The diversion programme shall cover socio-cultural and psychological services for the
child which may include: reparation of the damage caused, counselling, participation in
available community-based programmes, or in education, vocation and life skills
programmes.
At the level of the appropriate court, in addition to the programmescited, diversion

programmes can also include reprimand, fine or institutional care and custody.
A diversion programme will depend on the individual characteristics and the peculiar
circumstances of the CICL. Some of these factors are: the child’s feelings of remorse;
the ability of the parents or the guardians to supervise, the victim’s view; and, the
availability of community-based programmes for rehabilitation and reintegration of the
child.
In case of failure to comply with the terms and conditions of the contract of diversion as
certified by the LSWDO the offended party can institute the appropriate legal action.
Also, if no diversion took place because the imposable penalty exceeds six years, or the
26 | CRIM 400
child or his/her parents does not consent to diversion, the case shall be filed according
to the regular processes.
D. Release on Recognizance
Where a child is detained, the court shall order the release of the minor on bail or
release on recognizance to his/her parents and other suitable person. The court has
also the option to transfer the minor to a youth care facility. In no case shall the court
order the detention of a child in a jail pending trial or hearing of his/her case.
E. Discharge of the Child in Conflict with the Law
When at the time of the commission of the offence, the child is under 18 years old and
subsequently he is found guilty of the offence charged, the court shall place the CICL
under suspended sentence without need of application. Suspension of sentence shall
still be applied even if he/she is more than 18 years old at the time of the
pronouncement of his/her guilt.
The court shall impose the appropriate disposition measures in consideration of the
various circumstances of the CICL. Upon recommendation of the social worker who has
custody of the child, the court shall dismiss the case if it finds that the objectives of the
disposition measures have been fulfilled.
F. Confinement of Convicted Children in Agricultural Camps and Training

Facilities
After conviction and upon order of the court to serve his/her sentence, a CICL may in
lieu of confinement in a regular penal institution, serve in an agricultural camp and other
training facilities that may besupervised by the Bureau of Correction, in coordination
with the DSWD.
G. Competent Authority
Family Courts have exclusive jurisdiction over cases involving children in conflict with
the law. Jurisdiction is vested with Regional Trial Courts in places where there are no
family courts.
V. THE PHILIPPINES’ INSTITUTIONAL TREATMENT OF CICL
Republic Act No. 10630 or the Act Strengthening the Juvenile Justice System provided
for the establishment of an Intensive Juvenile Intervention and Support Center for
children (IJISC) under the minimum age of criminal responsibility in “BahayPag-asa”.
The “BahayPag-asa” is a 24-hour child-care institution funded and managed by local

government units (LGU) and licensed and/or accredited non-government organizations.
27 | CRIM 400
Children in conflict with the law who are 15 to 18 years old shall be housed in these
temporary shelters while awaiting trial and the judgementto be rendered by the courts.
The law also clarified procedures for children below the minimum age if criminal
responsibility, including those who commit serious offences. It provides that any child
aged 12 to 15 who commits a serious offence punishable by more than 12 years’
imprisonment should be deemed a neglected child under the Child and Youth Welfare
Code. As a neglected child, the minor should be placed in the IJISC. The same is true
with a child who was previously subjected to a community-based intervention
programme. He shall also be deemed a neglected child and as such shall undergo an
intensive intervention programmesupervised by the LSWDO. The child will undergo
appropriate intervention programmes through the written authorization for voluntary
commitment of the child as executed by the parents or guardians or through a petition in
the court for the involuntary confinement filed by the LSWDO or DSWD.
The “BahayPag-asa” will be managed by a multi-disciplinary team composed of a social

worker, a psychologist/mental health professional, a medical doctor, an educational
guidance counsellor, and a member of the Barangay Council for the Protection of
Children (BCPC). They will come up with individualized intervention plan for the child
and his/her family.
Based on the recommendation of the multi-disciplinary team of the IJISC, the LSWDO
or the DSWD, the court may require the parents of the CICL to undergo counselling or
any other intervention that would advance the best interest of the child.
VI. THE PHILIPPINES’ COMMUNITY-BASED (NON-INSTITUTIONAL)
TREATMENT OF CICL
A. Who can avail?
One of the disposition measures that can be availed of by a CICL under suspended
sentence is Community-based Rehabilitation wherein he/she shall be released to
parents, guardians, relatives or any other responsible person in the community. The
LSWDO shall supervise the CICL in coordination with his/her parents/guardian.
Examples of these programmes are: competency and life skills development; socio-
cultural and recreational activities; community volunteer projects; leadership training;
spiritual enrichment; and, family welfare services.
A child under the minimum age of criminal responsibility shall also be subjected to a
community-based intervention programme supervised by the LSWDO.
B. Cooperation between Community-based Treatment and Institutional Treatment
28 | CRIM 400
If the best interest of the child requires, the CICL shall be referred to a youth care facility
or ‘BahayPag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored
by the DSWD.
As mentioned previously, a CICL who was previously subjected to a community-based

intervention programme can be deemed a neglected child. As such, he/she shall
undergo an intensive intervention programme supervised by the LSWDO.
VII. THE PHILIPPINES’ SOCIAL INTEGRATION OF CICL
Aftercare support services shall be made to prevent re-offending. These will be given for
a period of at least six months. These services could include life skills development,
livelihood programmes and membership to existing youth organizations. The aftercare
support services shall be provided by the LSWDO. However, licensed and accredited
non-government organizations may also be tapped. As with the previous programmes, it
will require active participation of both the child and his/her parents or guardians.
The ultimate objective of providing the children in conflict with the law with interventions
that will improve their social functioning is for them to be eventually reintegrated to their
families and to their communities as well.
VIII. THE PHILIPPINE JUVENILE JUSTICE SYSTEM
In its effort to articulate the Juvenile Justice System in laws, rules and guidelines, the
method of its proponents has always been experimented serving as a working
hypothesis which is continually being retested in the laboratories of youth detention
homes.
Throughout the history of its implementation, R.A. No. 9344 and its progeny have been
hailed as a medium of hope for CICL. During such times, the Juvenile Justice System
also faced criticism and difficulty. As such, the Juvenile Justice System of the
Philippines is at odds with itself as to whether or not the present system warrants
reconsideration. Today, the Philippines should see this exigency.
A Child Under R.A. No. 7610
A child is one who is below 18 years of age or one who is over 18 years of age but who
cannot take care of himself fully because of a physical or mental disability or condition.
Child Abuse
It is any act which inflicts physical or psychological injury, cruelty to or the neglect,
sexual abuse of, or which exploits, a child.
Cruelty
29 | CRIM 400
It is any word or action which debases, degrades or demeans the dignity of a child as a
human being.
Is discipline administered by a parent or legal guardian on a child considered

cruelty?
No, if it is reasonably administered and moderate in degree and does not cause
physical or psychological injury.
What physical injury is considered as child abuse?
One that causes severe injury or serious bodily harm to child, such as lacerations,
fractured bones, burns or internal injuries.
What psychological injury is considered as child abuse?
One that harms a child's psychological or intellectual functions. This may be exhibited
by severe anxiety, depression, withdrawal or outward aggressive behavior or a
combination of said behaviors.
Child Neglect
It is failure of a parent or legal guardian to provide, for reasons other than poverty,
adequate food, clothing, shelter, basic education or medical care so as to seriously
endanger the physical, mental, social and emotional growth and development of the
child.
Child Sexual Abuse
It is the employment, use, persuasion, inducement, enticement or coercion of child to

engage in, or assist another person to engage in sexual intercourse or lasciviousness
conduct or the molestation or prostitution of, or the commission of incestuous acts, on, a
child.
Child Exploitation
It is hiring, employment, persuasion, inducement, or coercion of child to perform in

obscene exhibitions and incident shows, whether live, on video or film, or to pose or act
as a model in obsence or pornographic materials, or to sell or distribute said materials.
30 | CRIM 400
References
Books : Introduction to Criminology : Theories, Methods, and Criminal Behavior, Tenth

Edition by: Frank E. Hagan - Mercyhurst University, USA andLeah E. Daigle - Georgia
State University, USA
Electronic Source: https://www.studocu.com/en/document/guru-gobind-singh-

indraprastha-university/law-of-crimes-ii/lecture-notes/criminology-a-branch-of-
crime/3461961/view
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1941974
https://www.nij.gov/topics/corrections/institutional/pages/welcome.aspx
https://www.nij.gov/topics/corrections/community/pages/welcome.aspx
https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf
https://www.doj.gov.ph/child-protection-program.html
31 | CRIM 400

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Introduction

The revolutionary and liberating impact of the ascendancy of classical theory in

Contemporary criminologists tend to assign little importance to [classical theory’s]

On this point, Radzinowicz (1966) states,

RA 7610 or the “Special Protection of Children Against Abuse, Discrimination and

Early and Classical Criminological Theories

Demonological theory or supernatural explanations of criminality dominated think- ing

The primary challenges to theological approaches to explaining reality were

Rational Choice Theory

Other expressions of neoclassical theory can be found in the deterrence literature.

It is hard to understand why so many criminologists persist in their apparent conviction

Various Kinds of Approaches in Criminology

1. Anthropological Approach: Anthropologist is a person who specializes in the study

2. Biological Approach: It proposes that human beings commit crime because of

5. Cultural Approach: Literally, culture is micro-organism, tissue or organ growing in

7. Descriptive Approach: It describes the phenomenon of crime and those who

10. Economic Approach: It studies external economic factors.

12. Environmental Approach: It seeks to explain the phenomenon of criminal

13. Functional Psychosis Approach: As to mental quality an offender is either normal

Organic psychosis is of many kinds, such as,-

Psychosis of Non Organic Origin or Functional Psychosis is also of many kinds,

14. Geographical Approach:

John Lowman in his article titled as Conceptual Issues in the Geography of

15. George B, Vold’s Approach: Theoretical Criminology of George Bryan Vold, 15 is

18. Irresistible Impulse Approach:

19. Lascivious Approach:

20. M’Naghten’s Rules Approach:

i) Everyone is presumed to be sane until the contrary is proved.

22. Modern Crimino-Biological School Approach:

23. Multifactor Approach:

24. Neurosis Approach:

25. Multifactor Aproach:

26. Non-Normative Approach: It is an approach just like other non-normative

27. Normative Approach:

28. Objective Approach: It is an approach to criminology as to “what ought to be?” In

29. Objective Approach: Criminal behaviour when explained in terms of factors

30. Organic Psychosis Approach:

Organic psychosis is of many kinds, such as,-

31. Physiological Approach: It is an approach to criminology made by

33. Psychoanalytical Approach: It is an approach to criminology wherein studies are

34. Psychogenic Approach: A psychogenic mode in Psychohistory is a type of

35. Psychopathy Approach: Psychopathy is a condition in which a person appears to

36. Punitive Approach: It is a study of reaction to crime in a society. The traditional

Sheldon GlueckandEleanor Glueck, Eleanor Glueck née Eleanor Touroff

Encouraged by Richard C. Cabot of the Harvard Medical School and Massachusetts

Subsequent books by the Gluecks included Unraveling Juvenile Delinquency (1950), in

37. Statistical Approach:AdolpheQuellet, a Belgian statistician and astronomist,

Subjective Approach: Criminal behaviour when explained in terms of factors within

41. Twin Research Approach : Studies conducted by German Psychiatrist

Twin studies ramify into genetic, embryological, biochemical, immunological, behavioral,

42. Violent Due to Environmental Influences as Prejudices of Honour, Politics and

To assess genetic and environmental influences on adult mortality, we followed 960

Two Forms of Corrections

Community corrections include probation — correctional supervision within the

OVERVIEW OF PHILIPPINE JUVENILE JUSTICE AND WELFARE

I. THE JUVENILE JUSTICE AND WELFARE LAW

II. THE PHILIPPINES AS A JUVENILE JUSTICE ADVOCATE

III. THE PHILIPPINE JUVENILE JUSTICE SYSTEM

A. Diversion and Intervention Programmes

B. Age of Criminal Responsibility and the Presumption of Minority