Human Behavior Module
Human Behavior Module
Human Behavior Module
A Module in
Compiled by :
LAURENCE P. BAZAN- DEAN, CCJE
ROCHELLE M. BUQUE, RCRIM
CARL IAN CLAPERO, RCRIM
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CHAPTER 1
INTRODUCTION TO HUMAN BEHAVIOR
What is Behavior?
Behaviour refers to the actions of an organism or system, usually in relation to its movement,
which includes the other organisms or systems around as well as the physical environment. It is the
response of the organism or system to various stimuli or inputs, whether internal or external,
conscious or subconscious, overt or covert, and voluntarily or involuntarily.
Behavior can also be defined as anything that you do that can be directly observed, measured,
and repeated. Some examples of behavior are reading, crawling, singing, holding hands and the
likes.
Human Behavior is the range of actions and mannerisms exhibited by humans in conjunction
with their environment, responding to various stimuli or inputs, whether internal or external, conscious
or subconscious, overt or covert, and voluntary or involuntary. Human Behavior is influenced by many
factors, including:
a. Attitudes
b. Emotions
c. Cultures
d. Ethics
e. Authority
f. Motivation
g. Coercion
h. Beliefs
i. Reasoning
j. Values
k. Religion
l. Rapport
m. Persuasion, and
n. Genetics
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Human Development is the process of a person’s growth and maturation throughout their
lifespan, concerned with the creation of an environment where people are able to develop their full
potential, while leading productive and creative lives in accordance with their interests and needs.
Development is about the expansion of choices people have in order to lead lives they value.
1. Equity- It is the idea that every person has the right to an education and health care, that there
must be fairness for all.
2. Sustainability- It compasses the view that every person has the right to earn of living that can
sustain him or her, while everyone also has the right to access to goods more evenly
distributed among populations.
3. Production- It is the idea that people need more efficient social programs to be introduced by
their governments.
4. Empowerment- It is the view that people who are powerless, such as women, need to be
given power.
A. Personality Theory
The structure of personality, according to Sigmund Freud, is made up of three major systems:
the id, the ego and the superego. Bahavior is always the product of an interaction among these
three systems; rarely does one system operate to the exclusion of the other two.
1. Id- Id allows us to get our basic needs met. Freud believed that the id is based on the
pleasure principles i.e. it wants immediate satisfaction, with no consideration for the reality of
the situation. Id refers to the selfish, primitive, childish, pleasure-oriented part of the personality
with no ability to delay gratification. Freud called the id the “true psychic reality” because it
represents the inner world of subjective experience and has no knowledge of objective reality.
2. Ego- As the child interacts more with world, the ego begins to develop. The Ego’s job is to
meet the needs of the id, while taking into account the constraints of reality. The Ego
acknowledges that being impulsive or selfish can sometimes hurt us, so the id must be
constrained (reality principle). Ego is the moderator between the id and superego which
seeks compromises to pacify both. It can be viewed as our “sense of time and place”.
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3. Super Ego (Conscience of Man)- The Superego develops during the phallic stage as a result
of the moral constraints placed on us by our parents. It is generally believed that a strong
superego serves to inhibit the biological instincts of the id (resulting in a high level of guilt),
whereas a weak superego allows the id more expression-resulting in a low level of guilt.
Superego internalizes society and parental standards of “good” and “bad”, “right” and “wrong”
behaviour
1. The Conscious Level- It consists of whatever sensations and experiences you are aware of
at a given moment of time.
2. The Preconscious Level- This domain is sometimes called “available memory” that
encompasses all experiences that are not conscious at the moment but which can easily be
retrieved into awareness either spontaneously or with a minimum of effort. Examples might
include memories of everything you did last Saturday night, all the towns you over lived in,
your favourite books, or an argument you had with a friend yesterday.
3. The Unconscious Level- It is the deepest and major stratum of the human mind. It is the
store house for primitive instinctual drives plus emotion and memories that are so threatening
to the conscious mind that they have been repressed, or unconsciously pushed into the
unconscious mind. Examples of material that might be found in your unconscious include a
forgotten trauma in childhood, hidden feelings of hostility toward a present, and repressed
sexual desires of which you are unaware. (Figure 1).
This is the first psychosexual stage in which the infant’s source of id gratification is the
mouth. Infants gets pleasure from sucking and swallowing. Later when he has teeth, infant
enjoys the aggressive pleasure of biting and chewing. A child who is frustrated at this stage
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may develop an adult personality that is characterized by pessimism, envy and suspicion. The
overindulged child may develop to be optimistic, gullible, and full of admiration for others.
When parents decide to toilet train their children during anal stage, the children learn how
much control they can exert over others with anal sphincter muscles. Children can have the
immediate pleasure of expelling feces, but that may cause their parents to punish them.
This represents the conflict between the id, which derives pleasure from the expulsion of
bodily wastes, and the superego which represents external pressure to control bodily functions. If
the parents are too lenient in this conflict, it will result in the formation of an anal expulsive
character of the child who is disorganized, reckless and defiant. Conversely, a child may opt to
retain feces, thereby spiting his parents, and may develop an anal retentive character which is
neat, stingy and obstinate.
Genitals become the primary source of pleasure. The child’s erotic pleasure focuses on
masturbation, that is on self-manipulation of the genitals. He develops a sexual attraction to the
parent of the opposite sex; boys develop unconscious desires for their mother and become rivals
with their father for her affection. This reminiscent with Little Han’s case study. So, the boys
develop a fear that their father will punish them for these feelings (castration anxiety) so decide to
identify with him rather than fight him. As a result, the boy develops masculine characteristics and
repress his sexual feelings towards his mother. This known as:
a. Oedipus Complex- this refers to an instance where in boys build up a warm and loving
relationship with mothers (mommy’s boy).
b. Electra Complex- this refers to an occasion where in girls experience an intense
emotional attachment for their fathers (daddy’s girl).
Sexual interest is relatively inactive in this stage. Sexual energy is going through the
process of sublimation and is being converted into interest in schoolwork, riding bicycles
playing house and sports.
This refers to the start of puberty and genital stage. There is renewed interest in
obtaining sexual pleasure through the genitals. Masturbation often becomes frequent and
leads to orgasm for the first time. Sexual and romantic interests in others also become a
central motive.
Interest now turns to heterosexual relationships. The lesser fixation the child has in
earlier stages, the more chances of developing a “normal” personality, and thus develops
healthy meaningful relationships with those of the opposite sex.
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Freud’s Psychosexual Theory believes that we are born with two basis instincts:
1. Eros- This is named after the Greek God for love. Eros includes the sex drives and drives
such as hunger and thirst.
2. Thanatos- This is named after Greek god for death. This includes not only striving for death
but also destructive motives such as hostility and aggression. These drives highly influence the
personality of a person.
Trait approach identifies where a person might lie along a continuum of various personality
characteristics. Trait theories attempt to learn and explain the traits that make up personality, the
differences between people in terms of their personal characteristics, and how they relate to actual
behaviour.
1. Common Traits- These are personality traits that are shared by most members of a
particular culture.
2. Individual Traits- These are personality traits that define a person’s unique individual
qualities.
3. Cardinal Traits- These are personality traits that are so basic that all person’s activities
relate to it. It is a powerful and dominating behavioural predisposition that provides the pivotal point in
a person’s entire life. Allport said that only few people have cardinal traits.
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4. Central Traits- These are the core traits that characterize an individual’s personality.
Central traits are the major characteristics of our personalities that are quite generalized and
enduring. They form the building blocks of our personalities.
5. Secondary Traits- These are traits that are inconsistent or relatively superficial, less
generalized and far less enduring that affects our behaviours in specific circumstances.
1. Extraversion- This dimension contrasts such traits as sociable, outgoing, talkative, assertive,
persuasive, decisive, and active with more introverted traits such as withdrawn, quiet, passive,
retiring, and reserved.
2. Neuroticism- People high on neuroticism are prone to emotional instability. They tend to
experience negative emotions and to be moody, irritable, nervous, and prone to worry.
3. Conscientiousness- This factor differentiates individuals who are dependable, organized, reliable,
responsible, thorough hard-working, and preserving from those undependable, disorganized,
impulsive, unreliable, irresponsible, careless, negligent and lazy.
4. Agreeableness- This factor is composed of a collection of traits that range from compassion to
antagonism towards others. A person high on agreeableness would be a pleasant person, good
natured, warm, sympathetic, and cooperative.
5. Openness to Experience- This factors contrasts individuals who are imaginative, curious, broad-
minded and cultured with those who are concrete minded and practical and whose interests are
narrow.
Eysenck theorized that criminality and antisocial behaviour are both positively and casually related to
high levels of psychoticism, extroversion, and neuroticism. The theory says that in extroverts, and
possibly also in people high on the psychoticism scale, biologically determined low degrees of arousal
and arousability lead to impulsive, risk-taking and sensation-seeking behaviour that increase the level
of cortical (brain)arousal to a more acceptable and enjoyable amount.
Eysenck did find that extroverts experience cortical under arousal, prefer higher levels of stimulation,
and are less responsive to punishment they therefore do not learn behavioural alternatives with the
use of disciplinary action.
What is Temperament?
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1. August Aichorn
Aichorn in his book entitled Wayward Youth (1925) said that the cause of crime and
delinquency is the faulty development of the child during the first few years of his life. The child as a
human being normally follows only his pleasure impulse instinctive. Soon he (child) grew up and find
some restriction to these pleasure impulses which he must control. Otherwise, he suffers from faulty
ego development and become delinquent. He then concluded that many of the offenders with whom
he had worked had underdeveloped consciences. Aichorn identified two further categories of criminal
a. those with fully developed consciences but identified with their criminal parents, and
b. those who had been allowed to do whatever they like by over-indulgent parents.
Burt gives the theory of General Emotionality. According to him many offenses can be traced
to either in excess or a deficiency of a particular instinct which accounts for the tendency of many
criminals to be weak willed or easily led. Fear and absconding may be due to the impulse of fear.
Callous type of offenders may be due to the deficiency in the primitive emotion of love and an excuse
of the instinct of hate.
He claimed that crime is an expression of the mental content of the individual. Frustration of
the individual causes emotional discomfort; personality demands removal of pain and pain is
eliminated by substitute behaviour, that is, crime delinquency of the individual.
Healy and Bonner (1936) conducted a study of 105 pairs of brothers where one was a
persistent offender and the other a non-offender. It was found that only 19 of the offenders and 30 of
the non-offenders had experienced good quality family conditions. These findings suggested that
circumstances within a household may be favourable for one child but not the sibling. It then
proposed that the latter had not made an emotional attachment to a “good parent”, hence impeding
the development of superego.
He noted that criminality is the result of emotional immaturity. A person is emotionally matured
if he has learned to control his emotion effectively and who lives at peace with himself and harmony
with the standards of conduct which are acceptable to the society. An emotionally immature person
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rebel against rule and regulations, engage in usual activities and experience a feeling of guilt due to
inferiority complex.
Development psychologist Erik H. Erikson was best known for his theory on social
development of human beings, and for coining the phrase identity crisis
This theory describes eight stages through which a healthily developing human should pass from
infancy to late adulthood. In each stage the person confronts, and hopefully masters, new challenges.
Each stage builds on the successful completion of earlier stages. The challenges of stages not
successfully completed may be expected to reappear as problems in the future.
Jean Piaget’s theory of cognitive development suggests that children move through four
different stages of mental development. His theory focuses not only on understanding the nature of
intelligence.
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Piaget believed that children take an active role in the learning process, acting much like little
scientists ad they perform experiments, make observations, and learn about the world. As kids
interact with the world around them, they continually add new knowledge, build upon existing
knowledge, and adapt previously held ideas to accommodate new information.
Vygotsky’s Social Development Theory is the work of Russian psychologist Lev Vygotsky.
Vygotsky’s work was largely unknown to the West until it was published in 1962. Vygotsky’s theory is
one of the foundations of constructivism. It asserts three major themes regarding social interaction,
the more knowledgeable other, and the zone of proximal development.
Social Interaction
Social Interaction plays a fundamental role in the process of cognitive development. In contrast
to Jean Piaget’s understanding of child development (in which development necessarily precedes
learning), Vygotsky felt social learning precedes development. He states: “Every function in the child’s
cultural development appears twice: first, on the social level, and later, on the individual level; first,
between people (interpsychological) and then inside the child (intrapsychological)”.
are therefore shifted, as a teacher should collaborate with this or her students in order to help
facilitate meaning construction in students. Learning therefore becomes a reciprocal experience for
the students and teacher.
This is known as the Human Ecology Theory, the Ecological Systems theory states that
human development is influenced by the different theory states that human development is influenced
by the different types of environment systems. Formulated by famous psychologist Urie
Bronfenbrenner, this theory help us understand why we may behave differently when we compare our
behaviour in the presence of our family and our behaviour when we are in school or at work.
The ecological systems theory holds that we encounter different environments throughout our
lifespan that may influence our behaviour in varying degrees. These systems include the micro
systems, the meso system, the exo system, the macro system, and the chrono system.
1. The Micro System- The micro system’s setting is the direct environment we have in our
lives. Your family, friends, classmates, teachers, neighbors, and others people who have a direct
contact with you are included in your micro system. The micro system is the setting in which we have
direct social interactions with these social agents. The theory states that we are not mere recipients of
the experiences we have when socializing with these people in the micro system environment, but we
are contributing to the construction of such environment.
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2. The Mesosystem- The mesosystem involves the relationships between the microsystems
in one’s life. This means that your family experience may be related to your school experience. For
example, if a child is neglected by his parents, he may have a low chance of developing positive
attitudes towards his teachers. Also, this child may feel awkward in the presence of peers and may
resort to withdrawal from a group of classmates.
3. The Exosystem- The exosystem is the setting in which there is a link between the context
where in the person does not have any active role, and the context where in is actively participating.
Suppose a child is more attached to his father than his mother. If the father goes abroad to work for
several months, there may be a conflict between the mother and the child’s social relationship, or on
the other hand, this event may result to a tighter bond between the mother and the child.
4. The Macrosystem- The macrosystem setting id the actual culture of an individual. The
cultural contexts involve the socioeconomic status of the person and/or his family, his ethnicity or race
and living in a still developing or a third world country. For example, being born to a poor family
makes a person work harder every day.
5. The Chronosystem- The chronosystem includes the transitions and shifts in one’s lifespan.
This may also involve the socio-historical contexts that may influence a person.
One classic example of this is how divorce, as a major life transition, may affect not only the couple’s
relationship but also their children’s behaviour. According to a majority of research, children are
negatively affected on the first year after the divorce. The next years after it would reveal that the
interaction within the family becomes more stable and agreeable.
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The theory of Moral Development is a very interesting subject that stemmed from Jean
Piaget’s theory of moral reasoning. Developed by psychologist Lawrence Kohlberg, this theory made
us understand that morality starts from the early childhood years and can be affected by several
factors.
Kohlberg ideas started from the research he performed with very young children as his
subjects. He found out that children are faced with different moral issues, ad their judgements on
whether they are to act positively or negatively over each dilemma are heavily influenced by several
factors. In each scenario that Kohlberg related to the children, he was not really asking whether or not
the person in the situation is morally right or wrong, but he wanted to find out the reasons why these
children think that the character is morally right or not.
The first level of morality, preconventional morality, can be further divided into two stages:
obedience and punishment, and individualism and exchange.
Stage 2: Instrumental Relativist Orientation- In this stage, the person is said to judge
the morality of an action based on how it satisfies the individual needs of the doer. For instance, a
person steals money from another person because he needs that money to buy food for his hungry
children. In Kohlberg’s theory, the children tend to say that this action is morally right because of the
serious need of the doer.
The second level of morality involves the stage 3 and 4 or moral development. Conventional
morality includes the society and societal roles in judging the morality of an action.
Stage 3: Good Boy-Nice Girl Orientation- In this stage, a person judges an action
based on the societal roles and social expectations before him. This is also known as the
“interpersonal relationships” phase. For example, a child gives away her lunch to a street peasant
because she thinks doing so means being nice.
Stage 4: Law and Order Orientation- This stage includes respecting the authorities
and following the rules, as well as doing person’s duty. The society is the main consideration of a
person at this stage. For instance, a policeman refuses the money offered to him under the table and
arrests the offender because he believes this is his duty as an officer of peace and order.
The post conventional morality includes stages 5 and stage 6. This is mainly concerned with
the universal principles that relation to the action done.
Stage 5: Social Contract Orientation- In this stage, the person is look at various opinions
and values of different people before coming up with the decision on the morality of the action.
Stage 6: Universal Ethical Principles Orientation- The final stage of moral reasoning, this
orientation is when a person considers universally accepted ethical principles. The judgement may
become innate and may even violate the laws and rules as the person becomes attached to his own
principles of justice.
Abnormal Behavior is something deviating from the normal or differing from the typical, is a
subjectively defined behavioural characteristics, assigned to those with rare or dysfunctional
conditions. It may be abnormal when it is unusual, socially unacceptable, self-defeating, dangerous or
suggestive of faulty interpretation of reality or of personal distress.
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What is Psychopathology?
The 4 Ds
1. Deviance- This term describes the idea that specific thoughts, behaviors and emotions are
considered deviant when they are unacceptable or not common in society. Clinicians must, however,
remember that minority groups are not always deemed deviant just because they may not have
anything in common with other groups. Therefore, we define an individual’s actions as deviant or
abnormal when his or her behaviour is deemed unacceptable by the culture he or she belongs to.
2. Distress- This term accounts for negative feelings by the individual with the disorder. He or
she may feel deeply troubled and affected by their illness.
3. Dysfunction- This term involves maladaptive behaviour that impairs the individual’s ability
to perform normal daily functions, such as getting ready to work in the morning, or driving a car. Such
maladaptive behaviors prevent the individual from living a normal, healthy lifestyle. However,
dysfunctional behaviour is not always caused by a disorder; it may be voluntary, such as engaging in
a hunger strike.
4. Danger- This term involves dangerous or violent behaviour directed at the individual, or
others in the environment. An example of dangerous behaviour that may suggest a psychological
disorder is engaging in suicide activity.
Model of Abnormality
1. Behavioral
Behaviorists believe that our actions are determined largely by the experiences we have in life,
rather than by underlying pathology of unconscious forces. Abnormality is therefore seen as the
development of behaviour patterns that are considered maladaptive for the individual. Behaviourism
states that all behaviour and that all behaviour that has been learnt can also be unlearnt (which id
how abnormal behavior is treated). The emphasis of the behavioural approach is on the environment
and how abnormal behaviour is acquired, through classical conditioning, operant conditioning and
social learning.
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Classical conditioning has been said to account for the development of phobias. The feared
object (e.g. spider or rat) is associated with a fear or anxiety sometime in the past. The conditioned
stimulus subsequently evokes a powerful fear response characterized by avoidance of the feared
object and emotion of fear whenever the object is encountered. Learning environments can reinforce
(re: operant conditioning) problematic behaviours. E.g. an individual may be rewarded for being
having panic attacks by receiving attention from family and friends, this would lead to the behaviour
being reinforced and increasing in later life. Our society can also provide deviant maladaptive models
that children identify with and imitate (re: social learning theory).
2. Cognitive
The cognitive approach assumes that a person’s thoughts are responsible for their behaviour.
The model deals with how information is processed in the brain and the impact of this on behaviour.
The basic assumptions are:
In people with psychological problems these thought processes tend to be negative and the
cognitions (i.e. attributions, cognitive errors) made will be inaccurate: These cognitions cause
distortions in the way we see things; Ellis suggested it is through irrational thinking, while Beck
proposed the cognitive triad.
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3. Medical/Biological
The medical model of psychopathology believes that disorders have an organic or physical
cause. The focus of this approach is on genetics, neurotransmitters, neurophysiology, neuroanatomy,
biochemistry etc. For example, in terms of biochemistry the dopamine hypothesis argues that
elevated levels of dopamine are related to symptoms of schizophrenia. The approach argues that
mental disorders are related to the physical structure and functioning of the brain. For example,
differences in brain structure (abnormalities in the frontal and pre-frontal cortex, enlarged ventricles)
have been identified in people with schizophrenia.
4. Psychodynamic
The main assumptions include Freud’s belief that abnormality came from the psychological
causes rather than the physical causes that unresolved conflicts between the id, ego, and superego
can all contribute to abnormality, for example:
a. Weak ego- Well-adjusted people have a strong ego that is able to cope with the demands of
both the id and the superego by allowing each to express itself at appropriate times. If, however, the
ego is weakened, then either the id or the superego, whichever is stronger, may dominate the
personality.
c. Too Powerful Superego- A superego that is too powerful, and therefore too harsh and
inflexible in its moral values, will restrict the id to such an extent that the person will be deprived of
even socially acceptable pleasures. According to Freud this would create neurosis, which could be
expressed in the symptoms of anxiety disorders, such as phobias and obsessions.
Freud also believed that early childhood experiences and unconscious motivation were responsible
for disorders.
The word abnormal means ‘away from the norm’. Many population facts are measured such
as height, weight and intelligence. Most of the people fall within the middle range of intelligence, but a
few abnormally stupid. But according to this definition, a person who is extremely intelligent should be
classified as abnormal. Examples are:
a. Intelligence- It is statistically abnormal for a person to get a score about 145 on in IQ test or
to get a score below 55, but only the lowest score is considered abnormal.
b. Anxiety- A person who is anxious all the time or has a high level of anxiety and someone
who almost never feels anxiety are all considered to be abnormal.
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Every culture has certain standards for acceptable behaviour; behaviour that deviates from
that standard is considered to be abnormal behaviour. But those standards can change with time and
vary from one society to another.
This third criterion is how the behaviour affects the well-being of the individual and/or social
group. A man who attempts suicide or a paranoid individual who tries to assassinate national leaders
are illustrations under this criterion. The two aspects of maladaptive behaviour are:
a. Maladaptive to One’s self- It refers to the inability of a person to reach goals or to adapt
the demands of life.
4. Personal Distress
The fourth criterion considers abnormality in terms of the individual’s subjective feelings,
personal distress rather than his behaviour. Most people commonly diagnosed as “mentally ill” feel
miserable, anxious, depressed and may suffer from insomnia.
Under this definition, a person is considered abnormal if they are unable to cope with the
demands of everyday life. They may be unable to perform the behaviors necessary for day to day
living e.g. self-care, hold down a job, interact meaningfully with others, make themselves understood
etc.
a. suffering
b. maladaptiveness (danger to self)
c. vividness and unconventionally (stands out)
d. unpredictably and loss control
e. irrationality/incomprehensibility
f. causes observer discomfort and
g. violates moral/social standards
Under this definition, rather than defining what is abnormal, we define what normal/ideal is and
anything that deviates from this is regarded as abnormal. This requires us to decide on the
characteristics we consider necessary to mental health. The six criteria by which mental health could
be measured are as follows:
According to this approach, the more of these criteria are satisfied, the healthier the individual
is.
1. Long Periods of Discomfort- This could be anything as simple as worrying about a calculus test
or grieving the death of a loved one. This distress is related to a real, related, or threatened event and
passes with time. When such distressing feelings, however, persist for an extended period of time
and seem to be unrelated to events surrounding the person, they would be considered abnormal and
could suggest a psychological disorder.
2. Impaired Functioning- Here, a distinction must be made between simply a passing period of
inefficiency and prolonged inefficiency which seems unexplainable. For instance, a very brilliant
person consistently fails in his classes or someone who constantly changes his jobs for no apparent
reason.
3. Bizarre Behavior- that has no rational basis seems to indicate that the individual is confused. The
psychoses frequently result in hallucinations (baseless sensory perceptions) or delusions (beliefs
which are patently false yet held as true by the individual).
4. Disruptive Behavior- means impulsive, apparently uncontrollable behaviour that disrupt the lives
of others or deprives them of their human rights on a regular basis. This type of behaviour is
characteristic of a severe psychological disorder. An example of this is the antisocial personality
disorder.
death, or causes a significant loss of autonomy; however it excludes normal responses such as grief
from loss of a loved one, and also excludes deviant behaviour for political, religious, or societal
reasons not arising from a dysfunction in the individual.
In 2013, the American Psychiatric Association (APA) redefined mental disorders in the DSM-5
as “a syndrome characterized by clinically significant disturbance in an individual’s cognition, emotion
regulation, or behaviour that reflects a dysfunction in the psychological, biological or developmental
processes underlying mental functioning.
It is better known as the DSM-IV; the manual is published by the American Psychiatric
Association and covers all mental health disorders for both children and adults. It also known causes
of these orders, statistics in terms of gender, age at onset, and prognosis as well as some research
concerning the optimal treatment approaches. Mental Health Professionals use this manual when
working with patients in order to better understand their illness and potential treatment and to help 3 rd
party payers (e.g. insurance) understand the needs of the patient. The book is typically considered
the ‘bible’ for any professional who makes psychiatric diagnoses in the United States and many other
countries. Much of the diagnostic information on these pages is gathered from the DSM-IV.
APA is a medical specialty society with over 35,000 US and international member physicians
who “work together to ensure humane care and effective treatment for all persons with mental
disorder; including mental retardation and substance-related disorders. It is the voice and conscience
of modern psychiatry. Its vision is a society that has available, accessible quality psychiatric diagnosis
and treatment”. APA is the oldest national medical specialty society in the US.
The relationship between mental disorder and crime is an issue of significant empirical
complexity. It has been subject of extensive research, using both cross-sectional and longitudinal
designs and including samples of the general population, birth cohorts, psychiatric patients, and
incarcerated offenders. Nevertheless, findings have been equivocal.
On the one hand, the following are several results of studies that have found a relationship
between mental disorder and crime:
1. The risk of criminal behaviour was significantly higher among subjects with mental disorders,
regardless of the socioeconomic status of the childhood family. In particular, the higher risk for violent
behaviour was associated with alcohol-induced psychoses and with schizophrenia with coexisting
substance abuse.
2. A review on the five epidemiological investigations of post-second World War birth cohorts, came
to the conclusion that persons who develop major mental disorders are at increased risks across the
lifespan of committing crimes. However, this increased risk may be limited to generations of persons
with major mental disorders born in the late 1940s, 1950s and 1960s,as they do not have received
appropriate mental health care.
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3. After examining data from national hospital and crime registers in Sweden, researchers found that
the overall population attributable risk fraction of patients was 5%, indicating that patients with severe
mental disorder commit one in 20 violent crimes.
4. A comparison on Swiss in-patients with the general population and came to the conclusion that
patients were more frequently registered in all crime categories, although there were differences
between the diagnostic groups; while alcoholics and drug users of both sexes had a significantly
higher criminality rate was found among female, but not male, patients suffering from schizophrenia
or related disorders.
5. Finally, homicidal behaviour appears to have a statistical association with schizophrenia and
antisocial personality disorder.
On the other hand, there are also studies that discard any relationship between mental
disorder and crime. They are as follows:
1. In a study which examined the ability of personal demographic, criminal history, and clinical
variables to predict recidivism in mentally disordered offenders in the United Kingdom, researchers
found that reconviction in mentally disordered offenders can be predicted using the same
criminogenic variables that are predictive in offenders without mental disorders.
2. Researchers analysed the relationship between violence and substance abuse among patients
with chronic mental disorder and found that major mental disorder alone with no history of alcohol or
drug abuse associated with a considerably lower risk of violence. Overall, the study showed no
difference in the rate of violence between patients with major mental disorder and patients with other
diagnoses.
3. Other studies suggest that the diagnosis of schizophrenia and delusional disorder, contrary to
previous empirical findings, do not predict higher rates of violence among recently discharged
psychiatric patients.
4. Along the same lines, researchers found that the crime rate among male schizophrenia patients
was almost the same as that in the general male population. However, the crime rate among females
was twice that of the general female population, so the overall results of the study were mixed.
MR is a condition of limited ability in which an individual has a low Intelligence Quotient (IQ),
usually below 70 on a traditional intelligence test, and has difficulty adapting to everyday life; he/she
first exhibited these characteristics during the so called developmental period- by age 18.
MR is a developmental disability that first appears in children under the age of 18. It is defined
as a level of intellectual functioning (as measured by standard intelligence tests) that is well below
average and results in significant limitations in the person’s daily living skills needed for daily life.
Such skills are a term that refers to and understand language (communication); home-living skills;
use of community resources; health, safety, leisure, self-care, and social skills; self-direction;
functional academic skills (reading, writing and arithmetic); and job related skills.
1. Mild Mental Retardation- Approximately 85% of the mentally retarded population is in the mildly
retarded category. Their IQ score ranges from 50-70, and they can often acquire academic skills up
to about the sixth-grade level. They can become fairly self-sufficient and, in some cases, live
independently, with community and social support.
2. Moderate Mental Retardation- About 10% of the mentally retarded. Moderately retarded persons
have IQ scores ranging from 35-55. They can carry out work and self-care tasks with moderate
supervision. They typically acquire communication skills in childhood and are able to live and function
successfully within the community in such supervised environments as group homes.
3. Severe Mental Retardation- About 3-4% of the mentally retarded population is severely retarded.
Severely retarded persons have 20-40%. They may master very basic self-care skills and some
communication skills. Many severely retarded individuals are able to live in a group home.
4. Profound Mental Retardation- Only 1-2% of the mentally retarded population is classified as
profoundly retarded. Profoundly retarded individuals have IQ scores under 20-25. They may be able
to develop basic self-care and communication skills with appropriate support and training. Their
retardation is often caused by an accompanying neurological disorder. Profoundly retarded people
need a high level of structure and supervision.
Low IQ scores and limitations in adaptive skills are the hallmarks of mental retardation.
Aggression, self-injury and mood disorders are sometimes associated with the disability. The severity
of the symptoms and the age at which they are first appear depend on the cause. Children who are
mentally retarded reach developmental milestones significantly later than expected, if at all. If
retardation is caused by chromosomal or other genetic disorders, it is often apparent from infancy. If
retardation is caused by childhood illnesses or injuries, learning and adaptive skills that were once
easy may suddenly become difficult or impossible to master. In about 40% of cases, the cause of
mental retardation cannot be found.
Biological and environmental factors that can cause mental retardation include:
1. Genetic Factors
About 30% of cases of mental retardation is caused by hereditary factors. Mental retardation
may be caused by an inherited genetic abnormality, such as fragile X syndrome.
It is a defect in the chromosome that determine sex, is the most common inherited cause of
mental retardation. Single-gene defects such as phenylketonuria (PKU) and other inborn errors of
metabolism may also cause mental retardation if they are not discovered and treated early. An
accident or mutation in genetic development may also cause retardation. Examples of such accidents
are development of an extra chromosome 18 (trisomy 18) and Down syndrome. Down syndrome,
also called mongolism or trisomy 21, is caused by an abnormality in the development of chromosome
21. It is the most common genetic cause of mental retardation.
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Fetal Alcohol Syndrome (FAS) affects one in 3,000 children in Western countries. It is caused
by the mother’s heavy drinking during first twelve weeks (trimester) of pregnancy. Some studies have
shown that even moderate alcohol use during pregnancy may cause learning disabilities in children.
Drug abuse and cigarette smoking during pregnancy have also been linked to mental retardation.
Maternal infections and such illnesses as glandular disorders, rubella, toxoplasmosis, and
cytomegalovirus (CMV) infection may cause mental retardation. When the mother has high blood
pressure (hypertension) or blood poisoning (toxemia), the flow of oxygen to the fetus may be
reduced, causing brain damage and mental retardation.
Birth defects that cause physical deformities of the head, brain, and central nervous system
frequently cause mental retardation. Neural tube defect, for example, is a birth defect in which the
neutral tube that forms the spinal cord does not close accumulation of cerebrospinal fluid inside the
skull (hydrocephalus). Hydrocephalus can cause learning impairment by putting pressure on the
brain.
4. Environmental Factors
Ignored or neglected infants who are not provided with the mental and physical stimulation
required for normal development may suffer irreversible learning impairment. Children who live in
poverty and suffer from malnutrition, unhealthy living conditions, abuse, and improper or inadequate
medical care are at higher risk. Exposure to lead or mercury can also cause mental retardation. Many
children have developed lead poisoning from eating the flaking lead based paint often found in older
buildings.
Immunization against diseases such as measles and Hib prevent many of the illness that can
cause mental retardation. In addition, all children should undergo routine developmental screening as
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part of their pediatric care. Screening is particularly critical for those children who may be neglected
or undernourished or may live in disease producing conditions. New born screening and immediate
treatment for PKU and hyperthyroidism can usually catch these disorders early enough to prevent
retardation.
Good prenatal care can also help prevent retardation. Pregnant women should be educated
about the risks of alcohol consumption and the need to maintain good nutrition during pregnancy.
Such tests as amniocentesis and ultrasonography can determine whether a fetus is developing
normally in the womb.
Criminal Behavior refers to a behaviour which is criminal in nature; a behavior which violates
the law. Thus, the moment a person violates the law, he has already committed criminal behaviour.
Criminal Behavior refers to conduct of an offender that leads to an including the commission of an
unlawful act.
According to Goldoozian for human behaviour to be considered a crime, three elements are
necessary:
1. Biological Factor
Heredity as a factor implies that criminal acts are unavoidable, inevitable consequences of the
bad seed or bad blood. It emphasizes genetic predisposition toward antisocial and criminal conduct.
The following are some studies and theories related to biological causes of crime:
Personal Disorder Factor refers to an act that exhibits a pervasive pattern of disregard for and
violation of the rights of others that begins in childhood or early adolescence and continues into
adulthood such as Anti-Social Personality Disorder (Psychoanalytic Theory- Sigmund Freud)
3. Learning Factor
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Learning Factor explains that criminal behaviour is learned primarily by observing or listening
to people around us. The following are related learning theories, to wit:
4. Biological Approach
5. Humanistic Approach
What is Self-reinforcement? - This is the praising or rewarding oneself for having made a
particular response.
7. Cognitive Approach
Cognitive Approach looks at differences in the way people process information to explain
differences in behaviour. This perspective emphasizes the role of mental processes that underlie
behaviour.
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Human intelligence generally points to at least three characteristics. First, intelligence is best
understood as a compilation of brain-based cognitive abilities. According to 52 eminent intelligence
researchers, intelligence reflects “a very general mental capability that, among other things, involves
the ability to reason, plan, solve problems, think abstractly, comprehend complex ideas, learn quickly
and learn from experience.
The earliest casual explanation, popular during the early 1900s, portrayed criminals as so
“feebleminded” and “mentally deficient” that they could neither distinguish right from wrong nor
resist criminal impulses. This feeblemindedness hypothesis, however, lost favour long ago as it
became clear that few criminals are actually mentally deficient and most recognize, though may not
follow, behavioural norms. A more recent, and more compelling, casual explanation emphasizes the
importance of intelligence especially intelligence during childhood socialization. The socialization of
children involves constant verbal communication and comprehension of abstract symbols; therefore;
children with poor verbal and cognitive skills have greater difficulty completing the socialization
process, which puts them at risk of under controlled, antisocial behaviour. Empirical studies overall
have supported this developmental hypothesis, and it fits with the especially strong correlation
between verbal IQ and crime.
A final causal explanation links IQ to crime through school performance. Less intelligent
students do less well in school, which results in academic frustration. This frustration, in turn,
weakens their attachment and commitment to schooling, and a weakened bond to school as per
social control theory, allows for more criminal behaviour. This school performance hypothesis has
received strong support from empirical studies, and it is probably the most widely accepted
explanation of the IQ crime correlation.
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In 1724 an English court maintained that a man was not responsible for an act if “he does not
know what he is doing, no more a wild beast”. Modern standards of legal responsibility, however,
have been based on the McNaughten decision of 1843.
The formal insanity defense has its beginnings in 1843, when Daniel McNaughton tried to kill
Robert Peel, the british prime minister (he shot and killed his secretary instead). At his trial,
McNaughten testified that he believed that the British government was plotting against him, and he
was acquitted of murder. The McNaughton Rule requires that a criminal defendant (a) not know
what he was doing at the time or (b) not know that his actions were wrong (because of his delusional
belief, McNaughton thought he was defending himself).
The rule created a presumption of sanity, unless the defense proved “at the time of committing
the act, the accused was labouring under such as defect of reason, from disease of the mind, as not
to know the nature and quality of the act he was doing was wrong”. This rule was adopted in the U.S.,
and the distinction of knowing right from wrong remained the basis for most decisions of legal
insanity.
The Durham rules states that, “an accused is not criminally responsible if his unlawful act
is the product of mental disease or mental defect”. Some states added to their statutes this
doctrine which is also known as “irresistible impulse” recognizing some ill individuals may respond
correctly but may be unable to control their behaviour.
In the United States, the next advance in the insanity defense was The Durham Rule or
“product test” adopted in 1954, which states that “an accused is not criminally responsible if his
unlawful act was the product of mental disease or defect”. This “product test” was overturned in 1972,
largely because its ambiguous reference to “mental disease or defect” places undue emphasis on
subjective judgements by psychiatrists, and can easily lead to a “battle of the experts”.
Many states now adopt a version of guidelines set out by the American Law Institute in 1962,
which allows the insanity defense if, by virtue of mental illness, the defendant (a) lacks the ability to
understand the meaning of their act or (b) cannot control their impulses. This is sometimes known as
the “irresistible impulse test”.
The Test was integrated by the American Law Institute (ALI) in its Model Penal Code Test,
which improved in the M’Naghten and irresistible impulse test. The new rule stated that a person is
not responsible for his criminal act if, as a result of the mental disease or defect, he lacks substantial
capacity to appreciate the criminality of his act, or to conform his conduct to the requirements of the
law. Still, this test has been criticized for its use of ambiguous word like “substantial capacity” and
“appreciate” as there would be differences in expert testimonies whether the accused’s degree of
awareness was sufficient. Objections were also made to the exclusion of psychopaths or persons
whose abnormalities are manifested only by repeated criminal conduct. Critics observed that
psychopaths cannot be deterred and thus underserving of punishment.
In 1984, however, the U.S. Congress repudiated this test in favour of the M’naghten style
statutory formulation. It enacted the Comprehensive Crime Control Act which made the appreciation
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test the law applicable in all federal courts. The test is similar to M’Naghten as it relies on the
cognitive test. The accused is not required to prove lack of control as in the ALI test. The appreciation
test shifted the burden of proof to the defense, limited the scope of expert testimony, eliminated the
defense of diminished capacity and provided for commitment of accused found to be insane.
In the Philippines, the courts have established a more stringent criterion for insanity to be
exempting as it is required that there must be a complete deprivation of intelligence in committing the
act, i.e. the accused is deprived of reason; he acted without the least discernment because there is a
complete absence of the power to discern, or that there is a total deprivation of the will. Mere
abnormality of the mental faculties will not exclude imputability.
The issue of insanity is a question of fact for insanity is a condition of the mind, not susceptible
of the usual means of proof. As no man can know what is going on in the mind of another, the state or
condition of a person’s mind can only be measured and judged by his behaviour. Establishing the
insanity of an accused requires opinion testimony which may be given by a witness who has rational
basis to conclude that the accused, or by a witness who is qualified as an expert, such as
psychiatrist. The testimony or proof of the accused’s insanity must relate to the time preceding or
coetaneous with the commission of the offense with which he is charged.
Article 12 of the Code exempts a person from criminal liability in consideration of intelligence.
Paragraph 1: Any person who has committed a crime while the said person was imbecile or insane
during the commission.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission
of the same court.
Suggested Readings:
1. People of the Philippines vs. Tibon, G.R. No. 188320, June 29, 2010
2. People of the Philippines vs. Roger Austria Y Navarro (alias Bernie), G.R. No. 111517-19,
July 31, 1996
3. People of the Philippines vs. Fernando Madarang Y Magno, G.R. No. 132319. May 12,
2000.
4. People of the Philippines vs. Celestino Bonoan Y Cruz, G.R. No. L-45130. February 17,
1937.
Paragraph 2: Any person over nine years of age and under fifteen, unless he has acted with
discernment, in which case such minor shall be proceeded against in accordance with the provisions
of Art. 80 of this Code (Revised Penal Code).
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Suggested Reading:
1. People of the Philippines vs. Morales, G.R. No. 148518, April 15, 2004.
Note: In connection to paragraph 2 and 3, Repubilic Act 9344 otherwise known as Juvenile and
Welfare Act of 2006, as amended by Republic Act 10630, raised the criminal exemption from 9 to
15 years old. In addition, a person of this age is totally exempted, whether he/she acted with or
without discernment during the commission of crime.
Why raise the age of criminal exemption from 9-15 years old?
Fifteen (15) years old is within the stage of adolescence the transition age which is
characterized by curiosity, try-outs and identity crisis. These circumstances expose them risky and
delinquent behaviour. At this age, children are not yet emotionally stable and their social judgement
has not yet matured.
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CHAPTER II
Segment 1. Emotion
Emotion is associated with mood, temperament, personality, and disposition. The English word
emotion is derived from the French word ėmouvoir. This is based on the Latin emovere, where e-
(variant of ex-) means ‘out’ and movere means move. The related term motivation is also derived
from movere.
Theories of Emotion
James-Lange theory states that emotion results from physiological states triggered by stimuli
in the environment: emotion occurs after physiological reactions. This theory and its derivatives states
that a changed situation leads to a changed bodily state. As James says “the perception of bodily
changes as they occur is the emotion”.
James further claims that “we feel sad because we cry; angry because we strike, nor tremble,
and neither have we cried, strike, nor tremble because we are sorry, angry, or fearful, as the case
may be”. The James Lange theory has now been all but abandoned by most scholars.
This suggests that people feel emotions first and then act upon them. This is a theory that
emotion and physiological reactions occurs simultaneously. These actions include changes in
muscular tension, perspiration, etc. The theory was formulated following the introduction of the
James-Lange theory of Emotion in the late 1800s, which alternately suggested that emotion is the
result of one’s perception of their reaction, or “bodily change”.
The Cannon-Bard Theory of Emotion is based on the premise that one reacts to a specific
stimulus and experiences the corresponding emotion simultaneously. Cannon and Bard posited that
one is able to react to a stimulus only after experiencing the related emotion and experience.
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This theory was provided by Schachter & Singer, in which they posited that emotion is the
cognitive interpretation of a physiological response. For many, this remains the best formulation of
emotion. Most people consider this to be the “common sense” theory to explain physiological
changes; their physiology changes as a result of their emotion.
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EI is the area of cognitive ability that facilitates interpersonal behaviour. The term emotional
intelligence was popularized in 1995 by psychologist and behavioural science journalist Dr. Daniel
Goleman in his book, Emotional Intelligence. Dr. Goleman described emotional intelligence as a
person’s ability to manage his feelings so that those feelings are expressed appropriately and
effectively.
EI is the capacity to understand and manage emotion; however, the content and boundaries of
this construct remain unsettled.
Mayer and Salovey, the who originally used the term, defined EI as, The ability to perceive
emotion, integrate emotion to facilitate thought, understand emotions, and to regulate emotions to
promote personal growth.
1. The group of convicted offenders obtained significantly lower scores on all the domains of MEII
(Mangal Emotional Intelligence Inventory) such as intrapersonal awareness (own emotions),
interpersonal awareness (others emotions), intrapersonal management (own emotions) and
interpersonal management (others emotions), and aggregate emotional quotient in comparison to
their normal counterparts. Researchers concluded that, the convicted offender’s group had
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significantly lower EI compared to normal subjects. Starting EI enhancement program in prison can
help the inmates better understand their feelings and emotions.
2. Emotional intelligence is deeply related to aggression and offending.
3. Persons with high EI levels are more able to moderate their emotions and less impulsive. On the
other hand, individuals with low EI levels are more prone to risky behaviour. They also have a hard
time understanding situations from the perspectives of others and, therefore, tend to be less
empathetic.
4. A reduced capacity to regulate emotions could possibly maintain offending pattern of behaviour in
criminals. For example, internet child sexual abuse is often preceded by unregulated negative
feelings.
5. A reduced capacity to regulate anger, desire, and sexual arousal may result in an assault, theft,
and sexual assault, respectively.
6. Some recent studies, consistently report EI deficits in criminals. In addition, some studies indicate
that offenders are deficient in subcomponents of EI such as social problem-solving, empathy, social
competency, flexibility, impulse control, and self-regard.
Segment 2. Conflict
Conflict is a stressful condition that occurs when a person must choose between
incompatible or contradictory alternatives. It is a negative emotional state caused by an inability to
choose between two or more incompatible goals or impulse. Conflict is the state in which two or more
motives cannot be satisfied because they interfere with one another.
Types of Conflict
2. Social Conflict
The different kinds of social conflict are:
a. Interpersonal Conflict;
b. Two individuals me against you;
c. Inter-group Struggles- us against them;
d. Individual Opposing a Group- me against them, them against me;
e. Intra-group Conflict- members of group all against each other on a task.
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3. Approach-Avoidance
Conflict can be described as having features of approach and avoidance: approach-
approach, avoidance-avoidance, and approach-avoidance. Approach speaks to things that we
want while Avoidance refers to things that we do not want.
Kinds of Approach-Avoidance
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Segement 3. Depression
Depression is an illness that causes a person to feel sad and hopeless much of the time. It
is different from normal feelings of sadness, grief, or low energy. Anyone can have depression. It
often runs in families. But it can also happen to someone who doesn’t have a family history of
depression. You can have depression one time or many times.
Causes of Depression
a. Major events that create stress, such as childbirth or a death in the family.
b. Illnesses, such as arthritis, heart disease, or cancer.
c. Certain medicines, such as steroids or narcotics for pain relief.
d. Drinking alcohol or using illegal drugs.
Symptoms of Depression
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2. Dysthymic Disorder (or also referred to as Dysthymia)- The symptoms do not occur for more than
two months at a time. Generally, this type of depression is described as having persistent but less
severe symptoms than Major Depression. Manifest nearly constant depressed mood for at least 2
years accompanied by at least two (or more) of the following:
3. Psychotic Depression- This occurs when a severe depressive illness is accompanied by some
form of psychosis, such as a break with reality, hallucinations and delusions.
4. Postpartum Depression- This is a major depressive episode that occurs after having a baby. A
new mother develops a major depressive episode within one month after delivery. It is estimated that
10 to 15 percent of women experience postpartum depression after giving birth. In rare cases, a
woman may have a severe form of depression called postpartum psychosis. She may act
strangely, see or hear things that aren’t there, and be a danger to herself and her baby.
5. Seasonal Affective Disoder (SAD)- This is characterized by the onset of a depressive illness
during the winter months, when there is less natural sunlight. The depression generally lifts during
spring and summer. SAD may be effectively treated with light therapy, but nearly half of those with
SAD do not respond to light therapy alone. Antidepressant medication and psychotherapy can reduce
SAD symptoms, either alone or in combination with light therapy.
6. Bipolar Disorder- This is also called manic-depressive illness, is not as common as major
depression or dysthymia. Bipolar disorder is characterized by cyclical mood changes from extreme
highs (e.g. mania) to extreme lows (e.g. depression).
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7. Endogenous Depression- Endogenous means from within the body. This type of depression is
defined as feeling depressed for no apparent reason.
9. Agitated Depression- This kind of major depressive disorder is characterized by agitation such as
physical and emotional restlessness, irritability and insomnia, which is the opposite of many
depressed individuals who have low energy and feel slowed down physically and mentally
inappropriate social behaviour.
People with depression might be more likely to commit a violent crime that those without
depression, a new study suggests. Researchers analysed data from more than 47,000 people in
Sweden who were diagnosed with depression and followed for an average of three years. They were
compared to more than 898,000 gender and age matched people without depression.
People with depression were five to six times more likely than those in the general population to
harm others or themselves, according to the researchers at Oxford University in England.
One important findings was that the vast majority of depressed persons were not convicted of
violent crimes, and that the rates reported are below those for schizophrenia and bipolar disorder,
and considerably lower than for alcohol or drug abuse.
Specifically, almost 4% of depressed men and 0.5% of depressed woman committed a violent
crime after their depression diagnosis, compared with slightly more than 1% of men and 0.2 % of
women in the general population. “Quite understandably, there is considerable concern about self-
harm and suicide in depression”.
Segment 4. Stress
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What is Stressor?
Stressor is anything (physical or psychological) that produces stress (negative or positive).
For example, getting a promotion is a positive event, but may also produce a great deal of stress with
all the new responsibilities, work load, etc.
1. Eustress (Positive)- Eustress is a word consisting of two parts. The prefix derives from the Greek
eu meaning either well or good. When attached to the word stress, it literally means good stress.
It is a stress that is healthy or gives one a feeling of fulfilment or other positive feelings.
Eustress is a process of exploring potential gains. A stress that enhances function (physical or mental
as through strength training or challenging work) is considered eustress. Examples of positive
personal stressors include:
a. receiving a promotion or raise at work,
b. starting a new job,
c. marriage,
d. buying a home,
e. having child,
f. moving,
g. taking a vacation,
h. holiday seasons,
i. retiring, and
j. taking educational classes or learning a new hobby.
2. Distress (Negative)- Distress is known as the negative stress. Persistent stress that is not
resolved through coping or adaption, deemed distress, may lead to anxiety or withdrawal
(depression) behaviour. Effects of distress are:
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a. ineffectiveness at tasks,
b. self-defeating behaviour,
c. transitional suicidal behaviour
d. anxiety and fear
e. loss of interest and initiative
f. poor decision-making
g. dangerous action
h. accidents, and
i. apathy and cynicism.
1. Alarm- Alarm is the first stage. When the threat or stressor is identified or realized, the
body’s response is a state of alarm. During the stage adrenaline will be produced in order to
bring about the fight-flight response.
2. Resistance- Resistance is the second stage. If the stressor persists, it becomes necessary to
attempt some means of coping with the stress. Although the body begins to try to adapt to the strains
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or demands of the environment, the body cannot keep this up indefinitely, so its resources are
gradually depleted.
3. Exhaustion- Exhaustion is the third and final stage in the GAS model. At this point, all of the
body’s resources are eventually depleted and the body is unable to maintain normal function. The
initial autonomic nervous system symptoms may reappear sweating, raised heart rate etc.
The result can manifest itself in obvious illnesses such as ulcers, depression, diabetes, trouble with
the digestive system or even cardiovascular problems, along with either mental illnesses.
1. Acute Stress- is what most people identify as stress. It makes itself felt through tension,
headaches, emotional upsets, gastrointestinal disturbances, feelings of agitation and pressure.
2. Episodic Acute- Stress is more serious and can lead to migraines, hypertension, stroke, heart
attack, anxiety, depression, and serious gastrointestinal distress.
3. Chronic Stress- is the most serious of all. It’s the stress that never ends. It grinds us down until
our resistance is gone. Serious systematic illness such as diabetes, decreased immune-competence,
perhaps cancer is it hallmark.
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4. Traumatic Stress- is the result of massive acute stress, the effects of which can reverberate
through our systems for years. Posttraumatic stress disorder is treatable and reversible and usually
requires professional aid.
The most common types of stress and anxiety problems are defined by the DSM1V-TR of the
American Psychiatric Association (APA).
1. Acute Time- refers to limited stress that come on suddenly (acute) and are over relatively quickly.
Situations like public speaking and doing math in your head fall into this category. These things may
come on without warning but are short in duration.
2. Brief Naturalistic Stress- relatively short in duration. Think of a classroom test or a final exam.
These are stresses that rise out of other things (like a course of study) and are over quickly.
1. Stressful Event Sequences- is a single event that starts from a chain of challenging situations.
From example, losing a job or surviving a natural disaster.
2. Chronic Stress- lacks a clear end point. Often, they force people to assume new roles or change
their self-perception. Think of a refugee leaving their native country or an injury leading to permanent
disability. These are life-changing events- you rarely get to go back to the way things were.
3. Distant Stress- may have been initiate in the past (like childhood abuse or trauma resulting from
combat experiences) but continue to affect the immune system. Distant stressors have long lasting
effects on emotional and mental health.
A stressful life event like the death of a present can trigger individuals to commit violent
crimes, a new study has found. Researchers discovered that in the week after being exposed to
stress, people were more likely to go on to commit a violent crime themselves.
According to research, pervasive stress on a societal scale also correlates with higher
crime, including homicide, aggravated assault, rape, and robbery and contributes to the outbreak of
war, terrorism, and other social violence.
According to prevailing theories in the field of conflict management, the first stage in the
emergence of war is mounting stress, political, ethnic, and religious tensions. Such social stress, if
unchecked, erupts as violent conflict or war. When such societal tensions run deep, history confirms
that diplomatic efforts, negotiated settlements, and ceasefires produce fleeting results and provide no
stable basis for lasting peace.
Segment 5. Frustration
Frustration is a negative emotional state that occurs when one is prevented from reaching
a goal. Frustration is an unpleasant state of tension and heightened sympathetic activity, resulting
from a blocked goal. Frustration is associated with motivation since we won’t be frustrated if we were
not motivated to achieve the goal. Frustration may be external or personal.
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Coping mechanisms are the sum total of ways in which people deal with minor to major
stress and trauma. Some of these processes are unconscious ones, others are learned behaviour,
and still others are skills that individuals consciously master in order to reduce stress, or other intense
emotions life depression. Not all ways coping are equally beneficial, and some can actually be very
detrimental.
Defense mechanisms refers to an individual’s way of reacting to frustration. These are
unconscious psychological strategies brought into play by various entities to cope with reality and to
maintain self-image. Healthy persons normally use different defenses throughout life. According to
Freud, defense mechanisms are methods that ego uses to avoid recognizing ideas or emotions that
may cause personal anxiety; it is the unrealistic strategies used by the ego to discharge tension.
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1. Acting Out- this means literally acting out the desires that are forbidden by the Superego and yet
desired by the Id. We thus cope with the pressure to do what we believe is wrong by giving in to the
desire. A person who is acting out desires may do it in spite of his/her conscience or may do it with
relatively little thought. Thus, the act may be being deliberately bad or may be thoughtless
wrongdoing.
Examples:
a. An addict gives in to his/her desire for alcohol or drugs.
b. A person who dislikes another person seeks to cause actual harm to him/her.
2. Aim Inhibition- Sometimes we have desires and goals that we believe or realize that we are
unable to achieve. In aim inhibition, we lower our sights, reducing our goals to something that we
believe is actually more possible or realistic.
Examples:
a. A person who sexually desires another person but is unable to fulfil that desire (for example the
other person is married) convinces himself/herself that all he/she really wants is to be friends.
b. A person who wants to be a veterinarian does not get sufficient exam grades, so becomes a vet’s
assistant instead.
3. Altruism- Avoid your own pains by concentrating on the pains of others. Maybe you can heal
yourself and feel good by healing them and helping them to feel good.
Examples:
a. A self-made millionaire who grew up in poverty sets up a charitable foundation and gains great
pleasure from how it helps others get out of the poverty trap. She receives social accolade and public
recognition for her good deeds gratefully.
4. Attack- The best form of defense is attack is a common saying and is also a common action, and
when we feel threatened or attacked (even psychologically), we will attack back. When a person feels
stressed in some way, he/she may lash out at whoever is in the way, whether the other person is a
real cause or not. He/she may also attack inanimate objects.
Examples:
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a. A person is having problems with his/her computer. He/she angrily bangs the keyboard.
6. Compartmentalization- It is a ‘divide and conquer’ process for separating thoughts that will
conflict with one another. This may happen when there are different beliefs or even when there are
conflicting values.
Examples:
a. A person who is very religious and is also a scientist holds the opposing beliefs in different
cognitive compartments, such that when they are in church, they can have blind faith, whilst when
they are in the laboratory, they questions everything.
b. There is sometimes honor among thieves, where together they act as honest people. Thieves also
may be very honest in their family lives.
7. Compensation- Where a person has a weakness in one area, they may compensate by
accentuating or building up strengths in another area. Thus, when they are faced with their weakness,
they can say ‘ah, but I am good at..’, and hence feel reasonably good about the situation.
Examples:
a. A person who failed in Math excelled in English.
b. People who are not intellectually gifted may turn their attention to social skills.
9. Denial - Denial is simply refusing to acknowledge that an event has occurred. The person affected
simply acts as if nothing has happened; behaving in ways those others may as bizarre.
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Examples:
a. A man hears that his wife has been killed, and yet refuses to believe it, still setting the table tor her
and keeping her clothes and other accoutrements in the bedroom.
b. Alcoholics vigorously deny that they have a problem.
c. Optimists deny that things may go wrong.
d. Pessimists deny they may succeed.
10. Displacement- It refers to the shifting of actions from a desired target to a substitute target when
there are some reasons why the first target is not permitted or not available.
Examples:
a. The boss gets angry and shouts at me. I go home and shout at my wife. She then shouts at our
Son. With nobody is left to displace anger onto, he goes and kicks dog.
b. A man wins the lottery. He turns to the person next to him and gives the person a big kiss.
c. A boy is afraid of horses. It turns out to be a displaced fear of his Father.
d. A religious person who is sexually frustrated focuses his/ her attention on food, becoming a
gourmet.
e. A woman, rejected by her boyfriend, goes out with another man 'on the rebound.
11. Dissociation- involves separating a set of thoughts or activities from the main area of conscious
mind, in order to avoid the conflict that this would cause. This can also appear as taking an objective,
third-person perspective, where you ‘go to the balcony’ and look down on the situation in order to
remove emotion from your perspective (this is Sometimes called dissociation of affect).
Example:
a. A religious person preaches kindness to all, yet is cruelly strict to children, without realizing that
there is a conflict between the two.
12. Emotionality - When we become stressed or tension is a number of negative emotions may start
to build, including anger, frustration, fear, jealousy and so on. When we display these emotions, it can
affect others around us, arousing similar or popular feelings. Some people are neither not good at
restraining their emotions or are less concerned about the effect on others and more about the
personal benefits of emotional outburst. As a result, they regularly and habitually display extreme
emotions.
Examples:
a. Teenagers often cannot contain the emotions caused by physiological and temporal development.
As a result can be very emotional and can contribute significant family problem
b. A man who has had long relationship problems is given to angry outburst that both gives temporary
respite and yet add to the cycle of relational failures.
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13. Fantasy or Day Dreaming- When we cannot achieve or do something that we want, we channel
the energy created by the desire into fantastic imaginings. Fantasy als0 provides temporary relief
from the general stresses of everyday living.
Examples:
a. A boy who is punished by a teacher creates fantasies of shooting the teacher (remember the movie
"If).
b. A student who flunks university exams imagines that they could have passed the exams ‘if they
really wanted to’.
14. Fight-or-Flight Reaction - When we perceive a significant threat to us, then our bodies get ready
either for a fight to the death or a desperate flight from certain defeat by a clearly superior adversary.
It also happens when a creative new idea makes us feel uncertain about things of which we
previously were sure. The biochemical changes in our brain make us aggressive, fighting the new
idea, or make us timid, fleeing from it.
Example:
a. A lion suddenly appeared in front of a person while walking in the forest. That person may choose
to wrestle the lion or run away to save his life.
15. Help-rejecting Complaining - A person becomes upset or otherwise elicits supporting actions
from other people. When helpful suggestions or other comfort is offered, however, he/ she reject this
and return to his/her complaint.
Example: a. A person complains to his/her partner about problems at work. When the partner
suggests ways of resolving the problems, the solutions are rejected out of hand and the person
continues to complain.
16. Idealization- It is the over-estimation of the desirable qualities and underestimation of the
limitations of a desired thing. We also tend to idealize those things that we have chosen or acquired.
The opposite of idealization is Demonization, where something that is not desired or disliked has its
weak points exaggerated and its strong points played down.
Examples:
a. A teenager in awe of a rock star idealizes his/her idol, imagining him/her to have a perfect life, to
be kind and thoughtful, and so on. He/she ignore the star’s grosser habits and rough background.
b. I buy a sports car and look admiringly at its sleek lines. I ignore the fact that it drinks fuel and is
rather uncomfortable.
17. Identification - It occurs when a person changes apparent facets of his/her personality such that
he/she appears to be more like other people. This process may be to copy specific people or it may
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be to change to an idealized prototype. Areas of identification may include external elements, such as
clothing and hair styles (which may be chosen without consciously realızing the influences that are at
play) as well as internal factors such as beliefs, values and attitudes.
Examples:
a. A girl dresses like her friends, as much because she likes the garb as any conscious desire to be
like them.
b. A person in a meeting adopts similar body language of his/her manager and tends to take the
same viewpoint.
18. Intellectualization- This refers to a "flight into reason, where the person avoids uncomfortable
emotions by focusing on facts and logic. The situation is treated as an resting problem that engages
the person on a rational basis, whilst the emotional aspects are completely ignored as being
irrelevant. Jargon is often used as a device of intellectualization. By using complex terminology, the
focus becomes on the words and finer definitions rather than the human effects.
Example:
a. A person who is in heavily debt builds a complex spreadsheet of how long It would take to repay
using different payment options and interest rates.
19. Introjection- Introjection occurs as a coping mechanism when we take on attributes of other
people who seem better able to cope with the situation than we do.
Examples:
a. I have to give a presentation but feel scared. I put on the hat of Abraham Lincoln and imagine I am
confidently giving an important speech/address to the nation.
b. A child is threatened at his/her school. He/she takes on the strong-defender attributes that he/she
perceives in his/ her father and pushes away the bully.
20. Passive Aggression - A person who uses passive-aggressive method to cope with stresses
does this by ‘attacking’ others through passive means. Thus, the aggressive intent is cloaked by the
passive method. Passive aggression often appears when a person is asked to do something which
he/she wants to avoid for some reason (such as priority of other work). By appearing to agree but not
making any real commitment, he she can avoid the action.
Examples: a. A sales person uses a persuasive sales pattern. The Customer agrees that this is just
what he/she wants, but when it comes to signing the order, he/she finds reasons why he/she cannot
buy today.
b. A change manager asks people to change what they do. They agree but do not actually do what
they agreed to do.
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21. Post-traumatic Growth - An individual who has suffered a traumatic experience somehow finds
ways to turn it into something good. Typically: Interpersonal relationships are improved, with friends
and family valued more and more time being spent in helping others. Self-perception changes
through the increase in resiliency gained from realizing you can cope with hardship.
Examples: a. A mother who has lost a child to cancer raises significant money for cancer charities.
b. After a terrorist attack, people are friendlier with others nearby and help out.
22. Projection- when a person has uncomfortable thoughts or feelings, he/she may project these
onto other people, assigning the thoughts or feelings that he/she need to repress to a convenient
alternative target. Projection may also happen to obliterate attributes of other people with which we
are uncomfortable. we assume that they are like us, and in doing so we allow ourselves to ignore
those attributes they have with which we are uncomfortable.
Examples:
a. An unfaithful husband suspects his wife of infidelity.
b. A woman who is attracted to a fellow worker accuses the person of sexual advances.
23. Provocation or Free-floating - When a person feels stressed, his/her way to avoid dealing with
the real issues 1IS to provoke others into some kind of reaction. The attention can then be put on the
other person and away from the originator's stress.
Examples:
a. A very common context for provocation is between teenagers and their parents, Siblings and
teachers. The teenager deliberately does something reprehensible, gets told off, and then blames the
other person.
b. Provocation is also a common cause of fights, both verbal and physical. A person who needs to
affirm his/her power will provoke a weaker other in order to escalate into a conflict he/she is confident
he/she can win.
24. Reaction Formation- Reaction Formation Occurs when a person feels an urge to do or say
something and then actually does or says something that is effectively the opposite of what he/she
really wants. It also appears as a defense against feared social punishment. If I fear that I will be
criticized for something, I very visibly act in a way that shows I am personally a long way from the
feared position.
Examples:
a. A person who is angry with a colleague actually end being particularly courteous and friendly
towards him/her.
b. A man who is gay has a number of conspicuous heterosexual affairs and openly criticizes gays.
25. Rationalization- When something happens that we find difficult to accept, then we will make up a
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logical reason why it has happened. We rationalize to ourselves. We also find it very important to
rationalize to other people, even those we do not know.
Examples:
a. A person evades paying taxes and then rationalizes it by talking about how the government wastes
money (and how it is better for people to keep what they can).
b. A person fails to get good enough results to get into a chosen university and then says that he/she
didn't want to go there anyway.
26. Regression- Regression involves taking the position of a child in some problematic situation,
rather than acting in a more adult way. This is usually in response to stressful situations, with greater
levels of stress potentially leading to more overt regressive acts. Regressive behavior can be simple
and harmless, such as a person who is sucking a pen (as a Freudian regression to oral fixation), or
may be more dysfunctional, such as crying or using petulant arguments.
Examples:
a. A person who suffers a mental breakdown assumes a fetal position, rocking and crying
b. A college student carefully takes his/her teddy-bear with him/her (and goes to sleep cuddling it).
27. Repression- Repression involves placing uncomfortable thoughts in relatively inaccessible areas
of the subconscious mind. Thus, when things occur that we are unable to cope with now, we push
them away, either planning to deal within them at another time or hoping that they will fade away on
their own accord. The level of forgetting' in repression can vary from a temporary abolition of
uncomfortable thoughts to a high level of amnesia, where events that caused the anxiety are buried
very deep.
Examples:
a. A child who is abused by a parent later has no recollection of the events, but has trouble forming
relationships.
b. A man has a phobia of spiders but cannot remember the first time he was afraid of them.
28. Self-harming- The person physically deliberately hurts himself/herself in some way or otherwise
puts themselves at high risk of harm.
Examples:
a. Slapping oneself
b. Punching a hard wall
c. Cutting oneself with a knife
d. Reckless driving
e. Taking narcotic drugs
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29. Somatization - Somatization occurs where a psychological problem turns into physical and
subconscious symptoms. This can range from simple twitching to skin rashes, heart problems and
worse.
Examples:
a. A policeman, who has to be very restricted in his professional behavior, develops hypertension.
b. A worried actor develops a twitch.
30. Sublimation - It is the transformation of unwanted impulses into something less harmful. This can
simply be a distracting release or may be a constructive and valuable piece of work. Many sports and
games are sublimations of aggressive urges, as we sublimate the desire to fight into the ritualistic
activities of formal competition.
Examples:
a. I am angry. I go out and chop wood. I end up with a useful pile of firewood. I am also fitter and
nobody is harmed.
b. A person with strong sexual urges becomes an artist.
31. Suppression- This is where the person consciously deliberately pushes down any thoughts that
leads to feelings of anxiety. Actions that take the person into anxiety-creating situations may also be
avoided.
Examples:
a. An older man has sexual feelings towards a teenager and quickly suppresses the thought.
b. I am about to take a short-cut down an alleyway. There are some people down there. I decide to
take the longer but more interesting route.
32. Substitution - This takes something that leads to discomfort and replace it with something that
does not lead to discomfort.
Examples:
a. Rather than making a difficult phone call, I call my daughter for a chat.
b. Instead of putting up a mirror, I put up a photograph of myself when I was younger.
33. Symbolization- Symbolization is a way of handling inner conflicts by turning them into distinct
symbols. Symbols are often physical items, although there may also be symbolic acts and metaphoric
ideas.
Examples:
a. A soldier explains his decision to join the army as defending the flag
b. A man asks for the woman's hand, symbolizing the "hand in marriage”.
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34. Trivializing- When we are faced with a disappointment over something that is important to us, we
are faced with the problem or having our expectations and predictions dashed. We may even have
told other people about it beforehand, making it doubly embarrassing that we have not gained what
we expected. One way that we trivialize is to make something a joke, laughing it off.
Examples:
a. A girl rejects the advances of a boy. He tells his friends that she isn’t that pretty anyway.
b. I lose a lot of money due to gambling. I tell myself that I didn't need it anyway.
35. Undoing- It refers to performance of an act to 'undo' a previous unacceptable act or thought.
Confession is a form of undoing, including that done in a church to a priest or a secret admission to a
close friend.
Examples:
a. A man who has been unkind to his wife buys her flowers (but does not apologize).
b. A person who has barged in front of others in a queue holds the door open for them.
36. Positive Coping- There are a number of approaches that we can take to cope in a positive way
with problems, including:
a. Immediate problem-solving: Seeking to fix the problem that is the immediate cause of our
difficulty.
b. Root-cause solving: Seeking to fix the underlying cause such that the problem will never recur.
c. Benefit-finding: Looking for the good things amongst the bad.
d. Spiritual growth: Finding ways of turning the problem into a way to grow spiritually or emotionally.
Example:
a. A student fails an exam. He/she views it as an opportunity to deepen his/her learning and study
hard.
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CHAPTER III
MENTAL DISORDER AND CRIMINALITY
A mental disorder is a broad term used to group physical and psychological symptoms that
cause abnormal thoughts and behaviors. Mental disorders are more commonly referred to as mental
illnesses. These illnesses cause abnormal behavior that is disruptive to a person's life. Mental
illnesses may be associated with the brain, but they have more in common with other bodily illnesses
than they do differences. In fact, as we learn about mental disorders, it is good to keep in mind how
similar they are to physical illnesses.
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d. Phobic Reaction- Phobic reaction refers to intense, irrational fear of specific objects or
events that may have a symbolic significance on the afflicted individual.
e. Obsessive-Compulsive Reaction- Obsessive-compulsive reaction has repetitive, irrational
thoughts (obsessions) and/or actions (compulsions) which usually involve some symbolic effort at
conflict resolution.
f. Depressive Reaction- Depressive reaction refers to depression, usually accompanied by
guilt, feelings of Inferiority, and anxiety.
What is Psychosis?
Psychosis came from the word psyche, for mind/soul, and osis, for abnormal condition. It
means abnormal condition of the mind, and 15 a generic psychiatric term for a mental state often
described as involving a "loss of contact with reality”.
People suffering from psychosis are said to be psychotic. Disorganization of personality
marked by impaired vocational and social functioning and intellectual deterioration. It has the
following characteristics: disorientation of time, place and/or person: delusion (false beliefs);
hallucination (false perception); bizarre behavior; inappropriate emotional responses; distortion of
thinking, association, and judgment (table 4). The symptoms of psychosis are the following:
a. Involution reaction- Involution reaction demonstrates severe depression during the
involution period without previous history of psychosis.
b. Affective Reaction - There is a presence of inappropriately exaggerated mood and marked
change in activity level with associated thought disorder reaction
e. Manic-Depressive Reaction- Manic-depressive shows cyclical disturbances involving
various combination of or alternation between excitement and delusional optimism on the one hand
and immobilizing, delus1onal depression on the other.
d. Schizophrenic Reaction- Schizophrenic reactions are bizarre behavior: disturbances of
thought and reality testing; emotional withdrawal; and varying levels of psychotic thinking and
behavior.
Anxiety Is psychological disorder that involves excessive levels of negative emotions, such as
nervousness, tensions, worry, fright and anxiety. It is a generalized feeling of apprehension, fear, or
tension that may be associated with a particular object or situation or may be free-floating, not
associated with anything specific. Anxiety can cause such distress that it interferes with a person's
ability to lead a normal life.
What is the difference between Anxiety and Fear?
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Anxiety is defined as an unpleasant emotional state for which the cause is either not readily
identified or perceived to be controllable or unavoidable, whereas, fear is an emotional and
physiological response to a recognized external threat or a response to a real danger or threat.
4. Post-Traumatic Stress Disorder (PTSD) -PTSD is a condition that can develop following a
traumatic and/or terrifying event, such as a sexual or physical assault, he unexpected death of a
loved one, or a natural disaster. People with PTSD often have lasting and frightening thoughts and
memories of the event, and tend to be emotionally numb. The Vietnam War appears to have
produced an unprecedented 500,000 veterans with at least mild problems of PTSD
5. Specific Phobias - A Specific Phobia is an intense fear of a specific object or situation, such
as snakes., heights, or flying. Phobia is an exaggerated, unrealistic fear of a specific situation,
activity, or object.
The level of fear usually is inappropriate to the situation and may cause the person to avoid
common situations. Some specific phobias are:
✓ Arachnophobia- The fear of spiders
✓ Ophidiophobia- The fear of snakes
✓ Acrophobia- The fear of heights
✓ Agoraphobia- The fear of open or crowded spaces.
✓ Cynophobia- The fear of dogs
✓ Astraphobia- The fear of thunder/lightning
✓ Claustrophobia- The fear of enclosed spaces
✓ Mysophobia- The fear of germs
✓ Aerophobia- The fear of flying.
✓ Trypophobia- The fear of holes
✓ Carcinophobia- The fear of cancer
✓ Thanatophobia- The fear of death
✓ Glossophobia- The fear of public speaking
✓ Monophobia- The fear of being alone
✓ Atychiphobia- The fear of failure
✓ Ormithophobia- The fear of birds
✓ Alektorophobia- The fear of chickens
✓ Enochlophobia - The fear of crowds.
✓ Aphenphosmphobia- The fear of crowds.
✓ Irypanophobia- The fear of intimacy
✓ Anthropophobia- The fear of needles.
✓ Aquaphobia- The fear of people
✓ Autophobia- The fear of water.
✓ Hemophobia- The fear of abandonment.
✓ Gamophobia -The fear of blood. The fear of commitment/marriage.
✓ Hippopotomonstrosesquippedaliophobia- Fear of long words
✓ Aenophobia -The fear of the unknown.
✓ Vehophobia- The fear of driving
✓ Basiphobia- The fear of falling.
✓ Achievemephobia- The fear of success.
✓ Theophobia-The fear of God
✓ Ailurophobia- The fear of cats.
✓ Metathesiophobia- The fear of change
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Social Anxiety Disorder – This is also called social phobia. It involves overwhelming worry and
self-consciousness about everyday social situations. The worry often centers on a fear of being
judged by others, or behaving in a way that might cause embarrassment or lead to ridicule.
Three Types of Anxiety According to Freud
1. Reality Anxiety - Reality anxiety refers to fear of real dangers in the external world.
2. Neurotic Anxiety - Neurotic anxiety refers to fear that instincts will get out of control and cause the
person to do something for which he or she will be punished.
3. Moral Anxiety - Moral anxiety is the fear of the conscience. People with well-developed superegos
tend to feel guilty when they do something that is contrary to the moral code by which they have been
raised.
Anxiety Disorder and Criminality
Among offenders with Anti-social Personality Disorder (APD), the presence of anxiety
disorders may increase behaviour problems and limit participation in offender rehabilitation programs
and work training. People with APD and anxiety disorders have high rates of helping-seeking
behavior. An untreated anxiety disorder may also increase the risk of substance misuse, in turn,
increases the risk of repeat offending.
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In this subtype the central theme of the delusion is that the individual is being conspired
against, spied on, followed, poisoned, cheated, harassed or obstructed Individuals who hold these
beliefs are either suspicious generally, or may be suspicious of one or more persons. These
individuals may often show anger, resentment and violence, and therefore the persecutory type is
commonly associated with violent criminal conduct. Individuals suffering from such delusions could
also hold the belief that there is some injustice that may need to be remedied by legal action. They
may attempt to appeal to a court and other government agencies repeatedly in order to gain
satisfaction and to prove that they are right.
2. Jealous Type
In this subtype the central theme of the delusion is that the individual's spouse or lover is
being unfaithful. The individual's belief is confirmed by drawing incorrect inferences from "evidence"
he or she has gathered to support the belief. For example, stains on bed sheets or ruffled clothing
may be used as supporting "evidence", individual may confront his or her spouse or lover with the
evidence, restrict the spouse’s autonomy, follow the spouse or lover to investigate the belief, or even
attack the spouse or love lover.
3. Erotomanic Type
The central theme of this subtype of delusional disorder is that another person is in love with
the individual The other person is usually of a high status such as a famous person or a sports hero,
or could be a complete stranger. The delusion is that the other person and the deluded person have a
romantic and spiritual relationship, rather than a sexual relationship. The individual suffering from
erotomania may try to contact the object of the delusion by telephone, sending letters, stalking or
gifts. Individuals suffering from this subtype of delusional disorder, especially males may experience
some form of confrontation with the law during their efforts to "rescue" the objects of their delusions
from some sort of "danger”.
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judgment and recklessness and may be argumentative. Manic may speak rapidly, have unrealistic
ideas, and jump from subject to subject. They may not be able to sleep or sit still for very long.
b. Depressive Episode - The other side of the bipolar coin is the depressive episode.
Bipolar depressed patients often sleep more than usual and are lethargic. During bipolar depressive
episodes, a patient may also show irritability and withdrawal.
Accordingly, the depressed person speaks slowly and monotonously while the manic person speaks
rapidly, dramatically, often with many jokes and puns. The depressed person has low self-esteem
while the manic person has inflated self-esteem.
2. Depressive Disorder - depressive disorder is when the person experiences cd, unexplainable
periods of sadness.
Three Types of Depressive Disorder
a. Major Depressive Disorder - A person suffering from major depressive disorder is in a depressed
mood for most of the day, nearly every day or has lost interest or pleasure in all, or almost all,
activities, for a period of at least two weeks.
b. Single Episode - Single episode depression is like major depression only it strikes in one dramatic
episode.
c. Recurrent - Recurrent depression is an extended pattern of depressed episodes. Depressed
episodes can include any of the features of major depressive disorder.
Arrest and incarceration are potential complications of bipolar disorder which has a higher
prevalence among incarcerated individuals than in the community. Early onset of bipolar disorder is
associated with juvenile antisocial behavior2 and greater likelihood of arrest. Individuals with bipolar
disorder who had been arrested had more hospitalizations than those who had not and were more
likely to be experiencing manic symptoms. Bipolar disorder is associated with a heightened risk of
suicide compared with the general population. A 15-fold increased risk of suicide in men and a 20-fold
increased risk in women. Similarly, 1n a single year approximately 0.017% of the international
population died by suicide, whereas for people with bipolar disorder was as high as 0.4%. More
controversially, bipolar disorder has been linked with aggressive and criminal behaviors such as
robbery and assault, especially during manic episodes. A systematic review found that people with
bipolar disorder were more likely to have committed a violent crime than the general population.
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2. Paranoid Personality Disorder (PPD) - Although they are prone to unjustified angry or aggressive
outbursts when they perceive others as disloyal or deceitful, those with PPD more often come across
as emotionally "cold" or excessively serious.
Manifestations:
a. They feel constant suspicion and distrust toward other people.
b. They believe that others are against them and constantly look for evidence to support their
suspicions.
c. They are hostile toward others and react angrily to perceived insults.
3. Schizotypal Personality Disorder (SPD) - This disorder is characterized both by a need for
isolation as well as odd, outlandish, or paranoid beliefs. Some researchers suggest this disorder is
less than schizophrenia.
Manifestations:
a. They engage in odd thinking, speech, and behavior.
b. They may ramble or use words and phrases in unusual ways.
c. They may believe they have magical control over others
d. They feel very uncomfortable with close personal relationships and tend to be suspicion of others.
d. They may lie repeatedly, act impulsively, and get into physical fights.
e. They may mistreat their spouse, neglect or abuse n children and exploit their employees.
f. They may even kill other people. & People with this disorder are also sometimes a sociopaths or
psychopaths.
People with this disorder are at high risk for premature and violent death, injury, imprisonment, loss of
employment, bankruptcy, alcoholism, drug dependence, and failed personal relationships.
2. Borderline Personality Disorder (BPD) - This mental illness interferes with an individual's ability
to regulate emotion. Borderlines are highly sensitive to rejection, and fear of abandonment may result
in frantic efforts to avoid being left alone, such as suicide threats and attempts.
Manifestations:
a. They have intense emotional instability, particularly in relationship with other.
b. They make frantic efforts to avoid real or imagined abandonment by others.
c. They may experience minor problems as major crises.
d. They express their anger, frustration, and dismay through suicidal gestures, self-mutilation, and
other self- destructive acts.
e. They tend to have an unstable self-image or sense of self.
Borderline personalities are at high risk for developing depression, alcoholism, drug dependence,
and bulimia; dissociate disorder, and post-traumatic stress disorder. Furthermore, 10 percent of
people with this disorder commit suicide by the age of 30.
3. Narcissistic Personality Disorder (NPD)- NPD is characterized primarily by grandiosity, need for
admiration, and lack of empathy. Narcissistic tend to be extremely self- absorbed, intolerant of others
perspectives, insensitive to others' needs and indifferent to the effect of their own egocentric
behavior.
Manifestations:
a. They a grandiose sense of self-importance.
b. They seek excessive admiration from others and fantasize about unlimited success or power.
c. They believe they are special, unique, or superior to others. However, they often have very fragile
self-esteem.
4. Histrionic Personality Disorder (HPD) - Individuals with this personality disorder exhibit a
pervasive pattern of excessive emotionality and attempt to get attention in unusual ways, such as
bizarre appearance or speech.
Manifestations:
a. They strive to be the center of attention.
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1. Avoidant Personality Disorder (APD) - Those avoidant personalities are often hypersensitive to
rejection and unwilling to take social risks. Avoidant displays a high level of social discomfort, timidity,
fear of criticism avoidance of activities that involve interpersonal contact.
Manifestations:
a. They possess intense, anxious shyness.
b. They are reluctant to interact with others unless they feel certain of being liked.
c. They fear being criticized and rejected.
d. They often view themselves as socially inept and inferior to others.
2. Dependent Personality Disorder (DPD) - People with dependent disorder typically exhibits a
pattern of needy and submissive behavior, and rely on others to make decisions for them.
Manifestations:
a. They have severe and disabling emotional dependency on others.
b. They have difficulty in making decisions without a great deal of advice and reassurance from
others.
c. The urgently seek out another relationship when a close relationship ends.
d. They feel uncomfortable by themselves.
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A or B personality disorder, as defined by the Diagnostic and Statistical Manual of Mental Disorders,
fourth edition, had a threefold likelihood of committing violent acts in the future. A high propensity for
aggression has also been identified in individuals seeking treatment for personality disorder.
Violent Recidivism
Personality disorder is a central criterion in current approaches to violence risk assessment
and management, and has been documented to increase the risk of violent recidivism. A diagnosis of
ASPD is especially predictive, for instance, found that reconviction rates for attempted or completed
murder, manslaughter, assault, robbery, or rape were 3.7 times higher for individuals with this
diagnosis. Psychopathy has also been found to strongly predict violent recidivism.
2. Hypochondriasis- It is a somatoform disorder in which persons are preoccupied with their health
and are convinced that they have some serious disorder despite reassurance from doctors to the
contrary.
3. Somatization Disorder- Also Briquet's Disorder or, in antiquity, hysteria is a psychiatric
diagnosis applied to patients who chronically and persistently complain or varied physical symptoms
that have no identifiable physical origin.
4. Pain Disorder- It is when a patient experiences chronic pain in one or more areas, and is thought
to be caused by psychological stress. The pain is often so severe that it disables the patient from
proper functioning. It can last as short as a few days, to as long as many years.
5. Body Dysmorphic Disorder (BDD)- It is previously known as Dysmorphophobia and sometimes
referred to as body dysmorphia or dysmorphic syndrome. It is a (psychological) somatoform
disorder in which the affected person is excessively concerned about and preoccupied by a perceived
detect in his or her physical features (body image).
6. Undifferentiated Somatoform Disorder- Only one unexplained symptom is required for at least 6
months. Included among these disorders are false pregnancy, psychogenic urinary retention, and
mass psychogenic illness (so-called mass hysteria).
Factitious disorder is the term used to describe a pattern of behavior centered on the
exaggeration or outright falsifications of one's own health problems or the health problems of others.
Some people with this disorder fake or exaggerates physical problems; others fake or exaggerate
psychological problems (combination of physical and psychological problems. Factitious disorder
differs from a pattern or falsified or exaggerated behavior called malingering. While malingerers
make their claims out of a motivation for personal gain, people with factitious disorder have no such
motivation.
Malingering is not a form of mental illness. However, people who adopt malingering
behaviors often have a diagnosable mental illness called antisocial personality disorder. Individuals
with this disorder have a long-standing pattern of involvement in activities that purposefully exploit or
manıpulate others, or blatantly disregard the legal rights of others. Malingerers also frequently exhibit
signs of another personality-related condition, called histrionic personality disorder. Individuals with
this condition habitually and reflexively use excessive displays of drama and emotion to gain attention
from others.
Factitious disorder and malingering can both potentially bear a strong resemblance to a
mental disorder called conversion disorder, which also belongs to the somatic symptom and related
disorders category. In a manner similar to malingerers and individuals with factitious disorder,
individuals with conversion disorder come to their doctors with medical problems that don't stand up
to extensive scrutiny. However, unlike factitious disorder patients or malingerers, people with
conversion disorder truly believe that they have the ailments they report to their doctors.
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2. Psychogenic Fugue
It is also known as Dissociative Fugue. Psychogenic fugue is simply the addition to
generalized amnesia of a flight from family, problem, or location. In highly uncommon cases, the
person may create an entirely new life (fugue means flight).
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4. Depersonalization/Derealization Disorder
This is the continued presence of feelings that the person is not himself/herself or that he/she can't
control his/her own actions. This is labeled as disorder when it is recurrent and impairs social and
occupational function.
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Impulse control disorders (ICDs) are common psychiatric conditions in which affected
individuals typically report significant impairment in social and occupational functioning, and may
incur legal and financial difficulties as well.
A simple definition of an impulse disorder is one where individual cannot resist an impulse
to behave in a certain way not stop repeated behavior, even when they know that the behaviour must
stop. In some cases, the individual has repeatedly tried and failed to stop the behaviour.
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2. Sleep Apnea
Sleep apnea is characterized by pauses in breathing during sleep. This is a serious
medical condition that causes the body to take in less oxygen. It can also cause you to wake up
during the night.
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3. Parasomnias
Parasomnias are a class of sleep disorders that cause abnormal movements and
behaviors during sleep. They include:
a. sleepwalking (somnambulism or noctambulism)
b. sleep talking (somniloquy)
c. groaning
d. nightmares, bedwetting, and teeth grinding or jaw clenching
5. Narcolepsy
Narcolepsy is characterized by ‘sleep attacks" that occur during the day. This means that
you will suddenly feel extremely tired and fall asleep without warning. The disorder can also cause
sleep paralysis, which may make you physically unable to move right after waking up. Although
narcolepsy may occur on its own, it is also associated with certain neurological disorders, such as
multiple sclerosis.
disorders and have occasionally resulted in criminal charges. Some defendants using sleepwalking
defenses have been acquitted, as sleepwalkers are not thought to have the required conscious
awareness or criminal intent to be judged guilty. The violent act itself is most often described as
release of a primitive form of rage over which the sleepwalker as no control.
Suggested Reading:
1. People of the Philippines vs. Taneo, 284 SCRA 251. 273 (1998).
1. Tactile (touch)- People with Schizophrenia often have the sensation that there are things (like
bugs or insects) crawling across their skin.
2. Visual (sight) - This kind of hallucination causes the person to see things that are not really there.
3. Auditory (hearing) - This is the most common type of hallucination. People with auditory
hallucinations hear voices and sounds that others cannot hear.
4. Olfactory (smell) - The person experiencing an olfactory hallucination smells thing (usually foul-
smelling things) that others do not smell.
5. Command (hearing) - When a voice commands the person to do something he/she would not
ordinarıly do.
Characteristics of Schizophrenia
1. Disturbance of Thought and Attention
People suffering schizophrenia often cannot think logically and as the result of this they
cannot write a story because every word they write down might make sense, but are meaningless in
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relation to each other keep their and they cannot attention to the writing. The principal disturbance he
Schizophrenic' s thought processes is multiple delusions. This is divided into two sub-categories
a. Persecutory Delusion - the schizophrenic believes that he/she is being talked about,
spied upon, or his/ her death being planned.
b. Delusion of Reference- the schizophrenic gives personal importance incidents,
objects, or people. to completely unrelated
2. Disturbances of Perception
During acute schizophrenic episodes, people say that the world appears different to them,
their bodies appear 1onger, colors seem more intense and they cannot recognize themselves in a
mirror.
3. Disturbances of Affect
Schizophrenic persons fail to show 'normal’ emotions. This symptom is easiest described
as an excessive lack of correlation between what an individual is saying and what emotion they are
expressing (e.g. recounting an experience horror while chuckling or a patient may smile while talking
over tragic events).
Kinds of Schizophrenia
1. Paranoid Schizophrenia
If a person has paranoid schizophrenia, he or she:
a. Is very suspicious of others.
b. Has a great scheme of persecution at the root of the behavior.
c. Hallucinates and delusions which are also the symptoms of this type of schizophrenia.
d. Displays the psychotic symptoms.
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2. Residual Schizophrenia
Residual schizophrenia is usually:
a. Expressed through a person's being not motivated or interest in everyday life.
b. Advised when an individual has been through at least one episode of schizophrenia (6
months) but then "recover.
4. Catatonic Schizophrenia
A person diagnosed with catatonic schizophrenia is:
a. Extremely withdrawn, negative, isolated, and has obvious psychomotor disturbances.
b. The subject may be almost immobile or exhibit agitated purposeless movement.
c. Symptoms can include catatonic stupor and waxy flexibility.
5. Undifferentiated Schizophrenia
People with undifferentiated schizophrenia exhibit the symptoms of more than one of the above-
mentioned types of schizophrenia, but without a clear predominance of a particular set of diagnostic
characteristics. This is used when the patient's symptoms clearly point to schizophrenia but are so
clouded that classification into the different types of Schizophrenia is very difficult.
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3. Prenatal Cause - Causal factors are thought to initially come together in early neurodevelopment
to increase the risk of later developing schizophrenia (Ex. prenatal exposure to infections). One
curious finding is that people diagnosed with schizophrenia are more likely to have been born in
winter or spring, (at least in the northern hemisphere).
4. Substance Abuse Cause - In a recent study of people with schizophrenia and a substance abuse
disorder, over a ten year period, "substantial proportions were above cutoffs selected by dual
diagnosis clients as indicators of recovery.
Example: illegal drugs, tobacco and the like.
However, Eugene Bleuler, one of the pioneers in the diagnosis and study of schizophrenia, divided
the disorder into two forms, they are:
1. Excitement Phase
It is also known as the arousal phase or initial excitement phase. It is the first stage of
the human sexual response cycle. It occurs as the result of any erotic physical or mental stimulation,
such as kissing, petting, or viewing erotic images, that lead to sexual arousal. It is characterized by an
erection in males and a swelling of the clitoris and vaginal lubrication in females.
2. Plateau Phase
It is the period of sexual excitement prior to orgasm. The plateau phase is the second
phase of the sexual cycle, after the excitement phase with the following manifestations such as:
further increases in circulation and heart rate occur in both sexes, sexual pleasure increases with
increased stimulation, muscle tension increases further, for those who never achieve orgasm; this iS
the peak of sexual excitement. Both men and women may also begin to vocalize involuntarily at this
stage. Prolonged time in the plateau phase without progression to the orgasm; phase may result in
frustration if continued for too long.
3. Orgasmic Phase
Orgasm is the conclusion of the plateau phase of the sexual response cycle, and is
experienced by both males and females. It is accompanied by quick cycles of muscle contraction in
the lower pelvic muscles, which surround both the anus and the primary sexual organs; women also
experience uterine and vaginal contractions; Orgasms are often associated with other involuntary
actions, including vocalizations and muscular spasms in other areas of the body, and a generally
euphoric sensation; in men, orgasm is usually associated with ejaculation. Each ejection is
associated with a wave of sexual pleasure, especially in the penis and loins; the first and second
convulsions are usually the most intense in sensation, and produce the greatest quantity of semen.
Thereafter, each contraction is associated with a diminishing volume of semen and a milder wave of
pleasure.
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Orgasms in females may also play a significant role in fertilization. The muscular spasms
are theorized to aid in the locomotion of sperm up the vaginal walls into the uterus.
4. Resolution Phase (Refractory Period)
The resolution phase occurs after orgasm and allows the muscles to relax, blood pressure
to drop and the body to slow down from its excited state. Men and women may or may not experience
a refractory period, and further stimulation may cause a return to the plateau stage.
This allows the possibility of multiple orgasms in both sexes. However, typically men enter
this refractory period and some may find continued stimulation to be painful after the orgasmic phase.
Women may not have a similar refractory period and may be able to repeat the cycle almost
immediately.
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E. Hyper Sexuality:
1. Nymphomania (or furor uterinus) - A female psychological disorder characterized by an
overactive libido and an obsession with sex (etymology of the word is nymph).
2. Satyriasis - In males the disorder is called satyriasis and the etymology is satyr.
Category I. Paraphilias
Paraphilia (in Greek para = over and philia= friendship) is a rare mental health disorder
term recently used to indicate sexual arousal in response to sexual objects or situations that are not
part of societal normative arousal/activity patterns, or which may interfere with the capacity for
reciprocal affectionate sexual activity. The disorder is characterized by a 6-month period of recurrent,
intense, sexually arousing fantasies or sexual urges involving a specific act, depending on the
paraphilia.
Types of Exposure
a. Flashing - It is the display of bare breasts and/or buttocks by a woman with an up-and-
down lifting of the shirt and/or bra or a person exposing and/or stroking his or her genitals.
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b. Mooning - It refers to the displaying of the bare buttocks while bending down by the pulling-
down of trousers and underwear. This act is more often done for the sake of humor and/or mockery
than for sexual excitement.
c. Anasyrma - It refers to the lifting up of the skirt when not wearing underwear, to expose
genitals.
d. Martymachlia – Is a paraphilia which involves sexual attraction to having others watch the
execution of a sexual act.
2. Fetishism
People with a fetish experience sexual urges and behaviour which are associated with
non-living objects. For Example, the object of the fetish could be an article of female clothing, like
female underwear. Usually the fetish begins in adolescene and tends to be quite chronic into adult
life. Sexual fetishism, first described as such by Sigmund Freud.
Types of Fetishism
a. Sexual Transvestic Fetishism (Tranvestism/Cross Dressing)- Transvestic adolescence, usually
around most practitioners are male who are aroused wearing, fondling, or seeing female clothing.
Lingerie (bras, panties, girdles, corsets, and slips), stockings, shoes or boots may all be the fetishistic
object.
b. Foot Fetishism-It is a pronounced fetishistic sexual interest in human feet. It is also one of the
most common fetishistic interests among humans. A foot fetishist can be sexually aroused by
viewing, handling, licking, tickling, sniffing or kissing the feet and toes of another person, or by having
another person doing the same to his/her own feet.
c. Tickling Fetishism- A sexual fetish related to gaining a specific sexual thrill from either tickling a
sex partner or being subjected to tickling themselves, usually to the point of helpless laughter. Often
tns involves some form of restraint to prevent escap and/or accidentally hurting the tickler.
d. Wet and Messy Fetish (WAM) - A form of sexual fetishism that has a person getting aroused
substances applied on the body like mud, shaving foam, custard custard pudding, chocolate sauce,
etc. It could also involve wet clothes, or any combination above.
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3. Frotteurism (Frottage)
Frotteurism is the act of obtaining sexual arousal and gratification by rubbing one's
genitals against others in public places or crowds or sexual urges are related to the touching or
rubbing of their body against a non-consenting, unfamiliar woman.
4. Scatologia
It is also called Coprolalia, deviant sexual practice in which sexual pleasure is obtained
through the compulsive use of obscene language. The affected person commonly satisfies his
desires through obscene telephone calls (Telephone Scatologia), usually to strangers. Related
terms are copropraxia, performing obscene or forbidden gestures, and coprographia, making
obscene writings or drawings.
5. Necrophilia
Necrophilia is also called thanatophilia and necrolagnia, is the sexual attraction to
corpses. The word is artificially derived from Ancient Greek (nekros; corpse, or dead) and (philia;
friendship).
6. Coprophilia
Coprophilia (trom Greek kopros excrement and filia-liking. fondness), also called
scatophilia or scat the paraphilia involving sexual pleasure from feces.
7. Zoophilia
Zoophilia is the practice of sex between humans and animals (also known as
bestiality/bestosexual). It came from the Greek (zõion, animal) and (philia, friendship or love),
also known as zoosexuality. A person who practices zoophilia is known as a zoophile.
8. Urophilia (Urolagnia)
A paraphilia of the fetishistic/talismanic type in which sexuoerotic arousal and facilitation or
attainment of orgasm is responsive to being urinated upon and/or swallowing urine (Greek. ouron,
urine+ philia].
9. Mysophilia
Mysophilia is obtaining sexual arousal and gratification by filth or a filthy surrounding. Put
simply, this is getting hormy from smelling, chewing or rubbing against dirty underwear (Greek,
mysos, uncleanness + philia).
10. Hypoxyphilia
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3. Infantosexual- This refers to a sexual desire towards an immature person such as pedophilia.
4. Bestosexual - This refers to a sexual gratification towards animals. This is similar to bestiality and
zoophilia.
5. Autosexual (Self Gratification or Masturbation)- It is a form of "self-abuse or "solitary vice”
carried without the cooperation of another person or the induction of a state of erection of the genital
organs and the achievement of orgasm by manual or mechanical stimulation.
Types of Masturbation
a. Conscious Type - The person deliberately resorts to some mechanical means of
producing sexual excitement with or without orgasm. In male, masturbation is made through: manual
manipulation to the point of emission, and ejaculation produced by rubbing his sex organ against
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some part of the female body without the use of the hand (frottage). In female, masturbation is made
by manual manipulation of clitoris, and introduction of penis-substitute.
b. Unconscious Type - The release of sexual tension may come about via the
mechanism of nocturnal stimulation with or without emission, which may also be as "masturbation
equivalent".
6. Gerontophilia - This refers to a sexual desire with elder person.
7. Necrophilia- This refers to a sexual perversion characterized by erotic desire or actual sexual
intercourse with a corpse.
8. Incest - This refers to sexual relations between persons who by reason of blood relationship
cannot legally marry.
2. Under Sex:
a. Sexual Anesthesia -This refers to the absence of sexual desire or arousal during sexual act in
women.
b. Dyspareunia- It refers to the painful sexual act in women.
c. Vaginismus- It refers to the painful spasm of the vagina during sexual act.
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a. Sadism (Active Algolagnia) -This refers to a form of sexual perversion in which the
infliction of pain on another 1s necessary or sometimes the sole factor in sexual enjoyment.
b. Masochism (Passive Algolagnia) - This refers to the attainment of pain and
humiliation from the opposite sex as the primary factor for sexual gratification.
3. Fetishism - It is a form of sexual perversion wherein the real or fantasized presence of an object or
bodily part is necessary Tor sexual stimulation and/or gratification.
What is Intersexuality?
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Intersexuality is the condition in which an individual has both male and female anatomical
characteristics to varying degrees or in which the appearance of the external genitalia is ambiguous
or differs from that characteristic of the gonadal or genetic.
Classification of Intersexuality
1. Gonadal Agenesis - The sex organs (testes or ovaries) have never developed.
2. Gonadal Dysgenesis -The external sexual structures are present but at puberty the testes or the
ovaries fail to develop.
3. True Hermaphroditism - A state of bisexuality, having both ovaries and testicles. The nuclear sex
is usually female. The character may be neutral or whichever is dominant.
4. Pseudohermaphrodite - The sex organ is anatomically of one sex but the sex character is that of
the opposite sex.
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What happens to those mentally disordered offenders who, having been declared mentally
fit to face charges, end up in prison? According to some studies, longer periods of incarceration may
lead to more mental health symptoms. If they are left untreated, the offender may display an
increasing disruptive and aggressive behavior in reaction to the stressful life in prison. This
misbehavior can result in solitary confinement, which has been found to exacerbate symptoms of
mental disorder. Furthermore, it prevents them from participating in programs that would earn them
good-time credits, thus limiting their options for early release.
Despite the availability of mental health services in prison. many inmates remain reluctant
to access them for several reasons:
a. self-preservation concerns, confidentiality and negative perceptions from other inmates (seen as
weak or a snitch);
b. procedural concerns, that is, a lack of knowing how, when, and why to access services and
anticipated length of services;
c. self-reliance, which refers to a reliance on themselves or close others for help; and
d. professional service provider concerns, which relate to questions of staff qualifications and
dissatisfaction with previous mental health services.
In the case of inmates with suicidal tendencies, studies have found that they may
intentionally hide their mental state to avoid restrictions on allowable possessions, close monitoring of
their Dcnavior, worse housing status, and perceptions of weakness from other inmates.
The most effective criminal justice response to mental disorder includes comprehensive
rehabilitative programs at adhere to the risk-need-responsivity principles. According to the risk
principle, rehabilitative services are more effective when they match offender's level of risk for
criminal recidivism. The need principle dictates that these services must target the specific risks
associated with criminal recidivism (for example peer associations, substance use, and work or
school functioning). Finally, the principle of responsivity asserts that rehabilitative services should
match offender's needs and learning styles. Programs that include all three principles address the
holistic needs of mentally disordered people, rather than just focusing on mental health symptoms
and treatment. Studies have demonstrated that they reduce criminal recidivism in 30%, whereas
sanctions alone (incarceration without rehabilitative services) and inappropriate rehabilitative services
(services that only target the underlying mental disorders) increase it.
Suggested Reading:
1. Stanford Prison Experiment (Philip George Zimbardo).
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CHAPTER IV
VICTIMOLOGY
Segment 1: Victimology
Victimology is the scientific study of the psychological effects of crime and the relationship
between victims and offender. It examines victim patterns and tendencies; studies how victims
interact with the police and the legal system; and analyzes how factors of class, race, and sexual
orientation affect the perception of the victim by different constituents, including the public, the court
system, and the media.
According to Merriam-Webster dictionary, victimology the study of the ways in which the
behavior of crime victims may have led to or contributed to their victimization.
Victimology is the scientific study of victimization, including the relationships between
victims and offenders, victims and the Criminal justice system, and victims and other social groups
and situations, such as the media, businesses, and social movements.
Victimology studies victims of crimes and other forms of h rights violations that are not necessarily
crime.
Victimology is the scientific study of victimization including the relationships between victims and
offenders, the interactions between victims and the criminal justice system and the connections
between victims and other societal groups and institutions, such as the media, businesses, and social
movements.
From this definition, victimology encompasses the study of:
a. Victimization,
b. Victim-offender relationships,
c.victim-criminal justice system relationships,
d. Victims and the media,
e. Victims and the costs of crime,
f. victims and social movements.
a. A person who has surrered direct, or tnreatened, physical emotional or pecuniary harm as a result
of the commission of a crime; or
b. In the case of a victim being an institutional entity, any of the same harms by an individual or
authorized representative of another entity.
History of Victimology
The scientific study of victimology can be traced back to the 1940s and 1950s. Two
criminologists, Mendelsohn and Hans Von Hentig, began to explore the field of victimology by
creating typologies. They are considered the fathers of the study of victimology. Mendelsohn was
the first to coin the term Victimology in 1940. These new "victimologists" began to study the behaviors
and vulnerabilities of victims, such as the resistance of rape victims and characteristics of the types of
people who were victims of crime especially murder victims.
Mendelsohn interviewed victims to obtain information, and his analysis led him to believe
that most victims had an "unconscious aptitude for being victimized." He created a typology of six (6)
types of victims, with only the first type, the innocent, portrayed as just being in the wrong place at
the wrong time. The other five types all contributed somehow to their own injury, and represented
victim precipitation.
Hans Von Hentig studied victims of homicide, and said that the most likely type of victim is
the depressive type who is an easy target, careless and unsuspecting. The greedy type is easily
duped because his or her motivation for easy gain lowers his or her natural tendency to be
suspicious. The wanton type vulnerable to stresses that occur in a given period of time in the life
cycle, such as juvenile victims. The tormentor, is the victim of an attack from the target of his or her
abuse, such as with battered particularly women.
Theories of Victimization
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2. Benjamin Mendelsohn
Benjamin Mendelsohn (1976), an attorney, has often been referred to as the "father" of
victimology. Intrigued by the dynamics that take place between victims and offenders, he surveyed
both parties during the course of preparing a case for trial. Using these data, he developed a six-
category typology of victims based on legal considerations of the degree of a victim's culpability. This
classification ranged from the completely innocent victim (e.g., a child or a completely unconscious
person) to the imaginary victim (e.g.. persons suffering from mental disorders who believe they are
victims).
3. Marvin E. Wolfgang
The first empirical evidence to support the notion that victims are to some degree
responsible for their own victimization was presented by Marvin E. Wolfgang, who analyzed
Philadelphia's police homicide records from 1948 through 1952. He reported that 26% of homicides
resulted from victim precipitation. Wolfgang identified three factors common to victim-precipitated
homicides:
a. The victim and offender had some prior interpersonal relationship,
b. there was a series of escalating disagreements between the parties, and
c. the victim had consumed alcohol.
4. Stephen Schafer
Moving from classifying victims on the basis of propensity or risk and yet still focused on
the victim- offender relationship, Stephen Schafer's typology classifies victims on the basis of their
"functional responsibility." Victims' dual role was to function so that they did not provoke others to
harm them while also preventing such acts. Schafer's seven- category functional responsibility
typology ranged from no victim responsibility (e.g., unrelated Victims, those who are biologically
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weak), to some degree of victim responsibility (e.g..precipitative victims), to total victim responsibility
(e.g.. self-victimizing).
5. Menachem Amir
Several years later, Menachem Amir undertook one of the first studies of rape. On the
basis of the details in the Philadelphia police rape records, Amir reported that 19% of all forcible
rapes were victim precipitated by such factors as the use of alcohol by both parties; seductive actions
by the victim; and the victim's wearing of revealing clothing, which could tantalize the offender to the
point of misreading the victim's behavior. His work was criticized by the victim s movement and the
feminist movement as blaming the victim.
B. Second Generation: Theories of Victimization
The second generation of theorists shifted attention from the role of the victim toward an
emphasis on a situational approach that focuses on explaining and testing how lifestyles and routine
activities of everyday life create opportunities for victimization. The emergence of these two
theoretical perspectives is one of the most Significant developments in the field of victimology.
motivated offenders is taken as a given. What varies is the supply of suitable targets (e.g.,
lightweight, easy-to-conceal property, such as cell phones and DVD players, or drunk individuals) and
capable guardians (e.g. neighbors, police, burglar alarms).
3. Empirical Support
Researchers commonly have used lifestyle exposure and routine activity theories to test
hypotheses about how Individuals daily routines expose them to victimization risk. These theories
have been applied principally to examine opportunities for different types of personal and property
victimizations using diverse samples that range from school- age children, to college students, to
adults in the general population across the United States and abroad. The data are generally
supportive of the theories, although not all studies fully support the theories.
Theories of Victimization
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Over the years, ideas about victim precipitation have come to be perceived as a negative
thing; victim blaming it is called. Research into ways in which victims contribute to their own
victimization is considered by victims and victim advocates as both unacceptable and destructive. Yet
a few enduring models and near- theories exist. I'll mention two or three of them:
1. Luckenbill's (1977) Situated Transaction Model
This one is commonly found in the sociology of deviance textbooks. The idea is that at the
interpersonal level, crime and victimization is a contest of character. The stages go like this:
a. Insult- Your Momma.
b. Clarification - Whaddya say about my Mother
c. Retaliation - I said your Momma and you too.
d. Counter Retaliation - Well, you're worse than my Momma.
e. Presence of Weapon -or search for a weapon or clenching of fists.
f. Onlookers - presence of the audience helps escalate the situation.
a. Active Precipitation – It occurs when victims provocatively, use threats or fighting words, or even
attack first.
b. Passive Precipitation - exhibits some personal characteristic that unknowingly either threatens or
encourages the attacker. The crime can occur because of personal conflict. This may also occur
when the victim belongs to a group whose mere presence threatens the attacker s reputation, status,
or economic well-being.
Victim Precipitation Theory was first propounded by Mendelsohn, and it alludes to the
eriminally provocative collusive or casual impact of the victim in a dyadic relation variously called:
a. Penal Couple (Mendelsohn, 1963:24)
b. Reciprocal Action Between Perpetrator and Victim (Von Hentig, 1940:303);
c. Duet Theory of Crime (Von Hentig, 1948:379);
d. Situated Transaction (Luckenbill, 1977);
e. Functional Responsibility for Crime (Schafer, 1968:55); or
f. Victim-Offender Relationship (Wolfgang. 1957:1)
5. Lifestyle Theory
Some criminologists believe people may become crime victims because their lifestyle
increases their exposure to criminal offenders. Victimization risk is increased by such behaviors as
associating with young men, going out in public places late at night, and living in an urban area.
Conversely one's chances of victimization can be reduced by staying home at night, moving to a rural
area, staying out in public places, earning more money, and getting married. The basis of this theory
is that crime is not a random occurrence v rather a function of victim's lifestyle.
People who have high-risk lifestyles are drinking, taking drugs, getting involved in crime
maintain a much greater chance of victimization.
a. The Equivalent Group Hypothesis: victims and criminals share similar characteristics because
they are not actually separate groups, and a criminal lifestyle exposes people to increased levels of
victimization risks.
b. The Proximity Hypothesis: some people willingly put themselves in jeopardy by choosing high
risk lifestyles or because they are forced to live in close physical proximity to criminals (they are in the
wrong place and the wrong time).
c. The Deviant Place Hypothesis: there are natural areas for crime, e.g. poor, densely populated,
highly transient neighborhoods in which commercial and residential property exist side by side.
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places are poor, densely populated, highly transient neighborhoods in which commercial and
residential property exist side by side.
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C. Financial Consequences
The monetary costs of victim1zation to the victim are at times easy to calculate and at
other times impossible to measure. Medical expenses, property losses, lost wages and legal costs
are financial consequences that victims and their families must bear. Losses to the victim that are not
as easy to estimate a dollar value for, but are nevertheless salient, are pain and suffering, and fear,
among others. There are also financial consequences of victimization that society must bear, it
includes:
1. victim services,
2. witness assistance programs,
3. costs to the criminal justice system, and
4. negative public opinion.
Research Studies:
Research found out that older victims feel distressed about losing their children's
inheritance and being unable to financially support themselves. For some victims, the financial loss
was so severe that they became bankrupt, were made homeless, had to sell their home or business,
had to postpone retirement or return to work after retiring, or had to move in with other family
members. Others found that victims of fraud experienced credit problems, were unable to buy food,
had lost all their superannuation, had to pay off loans over months or even years, had lost their life
savings due to paying for lawyers and civil proceedings against the perpetrator, and had to downsize.
Trauma in Victimization
A. Primary Injuries
Primary injuries include physical trauma, intense stress reactions, and emotional trauma.
1. Physical Trauma
Crime Victims may experience physical trauma- serious injury or shock to the body, as
from a major accident. Victims may have cuts, bruises, fractured arms or legs, or internal injuries.
2. Intense Stress Reactions
Victims breathing, blood pressure, and heart rate may increase, and their muscles may
tighten. They may feel exhausted but unable to sleep, and they may have headaches, increased or
decreased appetites, or digestive problems.
3. Emotional Trauma
Victims may experience emotional trauma emotional wounds or shocks that may have
long-lasting effects. Emotional trauma may take many different forms:
a. Shock or Numbness - Victims may feel "frozen" and cut off from their own emotions.
Some victims say they feel as if they are ‘watching a movie’ rather than having their own experiences.
Victims may not be able to make decisions or conduct their lives as they did before the crime.
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b. Denial, Disbelief, and Anger - Victims may experience "denial, an unconscious defense against
painful or unbearable memories and feelings about the crime. Or they may experience disbelief,
telling themselves, "this just could not have happened to me!" They may feel intense anger and a
desire to get even with the offender.
c. Acute Stress Disorder - Some crime victims may experience trouble sleeping, flashbacks,
extreme tension or anxiety, Outbursts of anger, memory problems, trouble Concentrating, and other
symptoms of distress for days or weeks following a trauma. A person may be diagnostics as having
acute stress disorder (ASD) if these or o mental disorders continue for a minimum of two day up to
four weeks within a month of the trauma. If these symptoms persist after a month, the diagnosis
becomes post-traumatic stress disorder (PTSD).
Research showed that victims of identity fraud reported that even though the financial loss
related to the fraud was substantial, the emotional trauma and stress were the most difficult aspects
of the situation to deal with.
B. Secondary Injuries
When victims do not receive the support and help they need after the crime, they may
suffer "secondary injuries. They may be hurt by a lack of understanding from friends, family, and the
professionals they come into contact with-particularly if others seem to blame the victim for the crime
(suggesting they should have been able to prevent or avoid it). Police, prosecutors, judges, social
service providers, the media, coroners, and even clergy and mental health professional may
contribute to such secondary injuries.
C. Common Injuries
It includes bruises, cuts, scrapes, broken bones, sexually transmitted diseases, and a wide
range of internal injuries. Also, physical reactions (such as rapid heart rate and breathing, increased
blood pressure, nausea or sleeplessness) to the emotional wounds caused by the crime.
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allows the person to begin exploring ways to move through the trauma. According to available
research, there is often a tug-of-war taking place within the individual between a need to be safe and
protect emotions and a need to grow and confront the traumatic memories.
Stage 2: Victimhood
Eventually, the traumatized self may start to long for change as the ongoing suffering
interferes with daily life tasks and a need to grow and recover begins to form. As this need grows, it
allows the person to begin exploring ways to move through the trauma. According to available
research, there is often a tug-of-war taking place within the individual between a need to be safe and
protect emotions and a need to grow and confront the traumatic memories.
The person may feel compelled to talk openly with everyone about what happened and the
suffering he or she experienced. Some people will likely be more willing than others to listen. For
people working their way through the stage of victimization, having someone to listen and support
them as they process the event can be critical to their ability to move forward into survivor hood.
Many people find support groups helpful during this stage counseling or other support.
Stage 3: Survivorhood
Once a person processes the traumatic event and continues transitioning away from the
victim experience, he or she often begins identifying as a survivor. During this stage, a person has
had an opportunity to talk about his or her experience and has gained some sense of clarity. He or
she may begin to identify the ways in which he/she persevered and the strengths that helped make
moving forward possible. The person hasn’t forgotten the event, but he or she has a greater
understanding about what the event means and the impact it has made on his or her life.
Reaching the stage of survivor hood doesn't happen overnight. It may take months or even
years to work through the victim stage and reach the point where one feels that the wounds are
healing and a sense of relief is possible. Also, the process of healing is not linear. Survivors take one
step forward and two steps back sometimes, and moving through it all and persevering may coincide
with feeling hopeful one day and damaged and wounded the next. People I survivor stage tend to
spend less and less time feeling wounded they continue learning new tools and recognizing
themselves resilient.
Stage 4: Thriving and Transcendence
Most people I've worked with seem content reaching the stage of survivor hood. They feel
like they are managing challenges better and have a greater awareness about themselves and their
experiences. Other people, the person hasn’t forgotten the event, but he or she has a greater
understanding about what the event means and the impact it has made on his or her life. However,
have told me they're not done growing, and some of them have even said they don't want to be called
a survivor.
This group becomes the thriving group, people who transformed their experiences into a
meaningful personal narrative and will not be defined by their adversity. They feel healed and safe,
and take appropriate risks in seeking connection with others, such as asking a new neighbor out for
coffee. They don't feel the need to tell their stories unless it benefits someone else. "Thrivers" feel
motivated to take part in the community and may seek out volunteer opportunities or other ways to
help others.
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j. Male survivor is committed to preventing, healing, and eliminating all forms of sexual victimization or
and men through support, treatment, research, education, advocacy, and activism.
2. Domestic Violence
Victims of domestic violence live in fear, worrying about their safety and impending
danger. Sometimes they need to leave their homes in order to protect themselves and their loved
ones. Even though severing ties with the abuser seems like the best solution, many victims choose to
stay with the abuser for a variety of reasons. Sometimes victims do not leave because they want to
provide a family for their children, depend on the abuser financially, emotionally or their religion
forbids them from breaking up a marriage.
Even when victims decide to leave, it takes them 5 attempts on average before they
succeed. Also, many victims who leave will need to start new independent lives often with limited
resources while feeling mentally and emotionally depleted by the effects of the abuse. Self-protective
skills are also necessary whether victims leave or stay to be able to prevent further injury.
Models of Victimization
1. Victim of Crime Model (Man-made Cause)
This model of victimization is applicable to victims of man-made causes like homicide,
rape and others. The stages are as follows:
a. Stage of Impact and Disorganization - This depicts the attitude or activity of the victim during and
immediately following the criminal event.
b. Stage of Recoil - This stage occurs during which the victim formulates psychological defenses
and deals with conflicting emotions of guilt, anger, acceptance and desire of revenge (this could last 3
to 8 months).
c. Reorganization Stage - This stage occurs during which the victim puts his/her life back to normal
daily living.
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4. Medical or psychological treatments required by the victim or his or her family. The need for
restitution (court-ordered funds that the offender pays the victim for crime-related expenses).
6. The victim's views on the crime or the offender (in some states).
7. The Victim's views on an appropriate sentence (in some states).
Note:
Supreme Court of the United States first recognized the Crime victims to make a victim impact
statement in the sentencing phase of a criminal trial in the case of Payne v. Tennessee 501 U.S. 808
(1991).
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4. Tormentor Type - The victim of attack from the target of his or her abuse, such as with battered
women. The most primitive way of solving a personal conflict is to annihilate physically the cause of
the trouble.
5. Lonesome Type - This is the same with the acquisitive type of victim, by virtue of wanting
companionship or affection.
6. Heartbroken Type - This victim is emotionally disturbed by virtue of heartaches and pains.
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Victims generally have the right to be treated with courtesy, fairness, and care by law
enforcement and other officials throughout the entire criminal justice process. This right is included in
the constitutions of most states that have victims rights amendments and in the statutes of more than
half the states. 2 Victim impact statements allow crime Victims, during the decision-making process
on sentencing or parole, to describe to the court or parole board the impact of the crime on their lives.
The victim impact statement may include a description of psychological, financial, physical, or
emotional harm the victim experienced as a result of the crime. A judge may use information from
these statements help determine an offender's sentence; a parole board a use such information to
help decide whether to grant a parole and what conditions to impose in releasing an offender. Many
victims have reported that making victim impact statements improved their satisfaction with the
criminal justice process and helped them recover from the crime. In some states, the prosecutor is
required confer with the victim before making important decisions. In all states, however, the
prosecutor (and not the victim) makes decisions about the case.
2. Right to Be Informed
The purpose of this right is to make sure that victims have the information they need to
exercise their rights and to seek services and resources that are available to them. Victims generally
have the right to receive information about victims’ rights, victim compensation (see "Right to Apply
for Compensation, below), available services and resources, how to contact criminal justice officials,
and what to expect in the criminal justice system. Victims also usually have the right to receive
notification of important events in their cases. Although state laws vary, most states require that
victims receive notice of the following events:
➢ the arrest and arraignment of the offender
➢ bail proceedings pretrial proceedings
➢ dismissal of charges
➢ plea negotiations
➢ trial
➢ sentencing
➢ appeals
➢ probation or parole hearings
➢ release or escape of the offender
States have different ways of providing such information to victims. Usually, information
about court proceedings is mailed to the victim. Some states have an automated victim notification
system that automatically calls or e-mails the victim with updates on the status of the offender, while
others require the victim to telephone the authorities to receive such updates.
3. Right to Protection
In many states, victims have the right to protection from threats, intimidation, or retaliation
during criminal proceedings. Depending on the jurisdiction, victims may receive the following types of
protection:
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➢ police escorts
➢ witness protection programs
➢ relocation
➢ restraining orders
Some states also have laws to protect the employment of victims who are attending
criminal proceedings (see "Right to Attend Criminal Proceedings, above).
Compensation programs seldom cover property loss or pain and suffering. Also, Victim compensation
is a payer of last resort, compensation programs will not cover expenses that can be paid by some
other program, such as health insurance or workman s compensation.
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of the item, rather than the item itself, as evidence. The prompt return of personal property reduces
inconvenience to victims and helps restore their sense of security.
7. Right to a Speedy Trial
8. Right to Enforcement of Victims' Rights
To be meaningful, legal rights must be enforced. States are beginning to pass laws to
enforce victims' rights, and several states have created offices to receive and investigate reports of
violations of victims’ rights. Other states have laws that permit victims to assert their rights in court.
United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power
A. Access to Justice and Fair Treatment
1. Victims should be treated with compassion and respect for their dignity. They are entitled to access
to the mechanisms of Justice and to prompt redress, as provided for by national legislation, for the
harm that they have suffered.
2. Judicial and administrative mechanisms should be established and strengthened where necessary
to enable victims, to 0otain redress through formal or informal procedures that are expeditious, fair,
inexpensive and accessible. Should be informed of their rights in seeking redress through victims
such mechanisms.
3. The responsiveness of judicial and administrative processes to the needs of victims should be
facilitated by:
a. Informing victims of their role and the scope, timing and progress of the proceedings and of the
disposition of their cases, especially where serious crimes are involved and where they have
requested such information;
b. Allowing the views and concerns of victims to be presented and considered at appropriate
stages of the proceedings where their personal interests are affected, without prejudice to the
accused and consistent with the relevant national criminal justice system;
c. Providing proper assistance to victims throughout legal process;
d. Taking measures to minimize inconvenience to victims, protect their privacy, when necessary,
and ensure thei safety, as well as that of their families and witnesses on their behalf, from intimidation
and retaliation; and
e. Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees
granting awards to victims.
4. Informal mechanisms for the resolution of disputes, including mediation, arbitration and customary
justice or indigenous practices, should be utilized where appropriate to facilitate conciliation and
redress for victims.
B. Restitution
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1. Offenders or third parties responsible for their behavior should, where appropriate, make fair
restitution to victims, their families or dependents. Such restitution should include the return of
property or payment or the harm or loss suffered, reimbursement of expenses incurred as a result of
the victimization, the provision of services and the restoration of rights.
2. Governments should review their practices, regulations and laws to consider restitution as an
available sentencing option in criminal cases, in addition to other criminal sanctions.
3. In cases of substantial harm to the environment, restitution, if ordered, should include, as far as
possible, restoration of the environment, reconstruction of the infrastructure, replacement of
community facilities and reimbursement of the expenses of relocation, whenever such harm results in
the dislocation of a community.
4 Where public officials or other agents acting in an official or quasi-official capacity have violated
national criminal laws, the victims should receive restitution from the State whose officials or agents
were responsible for the harm inflicted. In cases where the Government under whose authority the
victimizing act or omission occurred is no longer existence, the State or Government successor in title
should provide restitution to the victims.
C. Compensation
1. When compensation is not fully available from the offender or other sources, States should
endeavor to provide financial compensation to:
a. Victims who have sustained significant bodily injury or impairment of physical or mental
health as a result of serious crimes; and
b. The family, in particular dependents of persons who have died or become physically or
mentally incapacitated as a result of such victimization.
2. The establishment, strengthening and expansion of national funds for compensation to victims
should be encouraged. Where appropriate, other funds may also be established for this purpose,
including those cases where the State of which the victim is a national is not in a position to
compensate the Victim for the harm.
D. Assistance
1. Victims should receive the necessary material, medical psychological and social assistance
through governmental, voluntary, community-based and indigenous means.
2 Victims should be informed of the availability of health and social services and other relevant
assistance and be readily afforded access to them.
3. Police, justice, health, social service and other personnel concerned should receive training to
sensitize them to the needs of victims, and guidelines to ensure proper and prompt aid.
4 In providing services and assistance to victims, attention should be given to those who have special
needs because of the nature of the harm inflicted or because of factors such as those mentioned in
paragraph 3 above.
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Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the Judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.
Section 3.
1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, when the public safety or order requires otherwise, as prescribed by law.
2.) Any evidence obtained in violation of this or the preceding any section shall be
inadmissible for any purpose proceeding.
Section 11. Free access to the courts and quasi-Judicial bodies by reason and adequate legal
assistance shall not be denied to any person by reason of poverty.
Section 12.
1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waved except in writing and in the presence of counsel.
2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
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