MIDTERM

INTRODUCTION TO CRIMINOLOGY
CRIMINAL
 In the legal sense , a criminal is any person who has been found to have committed a wrongful act in the course of the
standard judicial process; there must be a final verdict of his guilt.
 In the criminological sense, a person is already considered a criminal the moment he committed a crime.
GENERAL CLASSIFICATION OF CRIMINALS
On the basis of etiology;
o Acute (Serious) Criminals-persons who violate criminal law because of the impulse of the moment, fit of passion or
anger.
o Chronic (Continuing)Criminals- persons who acted in consonance (similar) with deliberated thinking , such as;
 Neurotic Criminals- persons whose actions arise from the intra-psychic conflict between the social and anti-social
components of his personality.
 Normal Criminals-persons whose psychic (intellectual) organization resembles that of a normal individual except
that he identifies himself with criminal prototype(Pattern)
The term imbecile was once used by the psychiatrist to denote a category of people with moderate to sereve intellectual disability ,
as well as type of criminal.
The word arise from the latin word “imbecillus” meaning weak or weak minded.

Idiot (CLE-December-2017) IQ of 0-25

Moderate mental retardation or moderate IQ of 35-49
Mental abnormality (Obsolete Medical Classification)
Moron IQ of 51-70

On the basis of behavioural system;(OPO)

 Ordinary Criminals-the lowest form of criminal career; they engage only in conventional crimes which require limited skill
 Organized Criminals-these criminals have a high degree of organization that enables them to commit crimes without being
detected and committed to specialized activities which can be operated in large scale businesses.
 Professional Criminals-these are highly skilled and able to obtain considerable amount of money without being detected
because of organization and contact with other professional criminals.
Based on mental Attitude;(PAS)
 Active Aggressive Criminal-one who commit crime due to aggressiveness
 Passive inadequate Criminal-one who commit crime because they are forced by a reward or promise.
 Socialized Delinquent-an individual with defective socialization process or development thus he lacks proper moral values
or ethical standards. Stuck in a subculture of gangs that glorifies (Adores) criminal conduct.(gangster)

INTRODUCTION TO THE STUDY OF CRIMINAL LAW

 Act. No. 3815 or the Revised Penal Code as amended
 Approved on December 8,1930
 Effective on Jan. 1,1932
 Book 1- Article 1- 113
 Book 2-Article 114-367
 Characterestics-PGT
Code and Laws
 Customs
 Ur-Nammu Code(Ur-Nammu Yasasi)- The Code of Ur-Nammu is the oldest law code yet found in Mesopotamia and
was either written by King Ur-Nammu or his son Shulgi, dating back to sometime between 2100 and 2050 BCE. The
 Code of Ur-Nammu was discovered among stored artifacts at the Istanbul Archaeological Museums by a man
named F. R
 Hammurabi Code(King Hammurabi)-eye for an eye, tooth for a tooth
 Code of Hittites-also known as the Code of the Nesilim
 Code of Draco(Draconian Constitution)-it is known for its cruelty ,severe and bias among rich and noblemen.
 Code of Solon-replaced the Draco code
 Maragtas code(Datu Sumakwel)- the first law ever written which focuses on the penalty for those who are lazy.
Code of Kalantiaw was a legendary legal code in the epic story Maragtas. It was actually written in 1913 by Jose E.
Marco as a part of his historical fiction.
 Kalantiaw Code(Datu Kalantiaw)- Ye shall not kill, neither shall ye steal nor shall ye hurt the aged, lest ye incur the
danger of death. All those who this order shall infringe shall be tied to a stone and drowned in a river or in boiling
water. Ye shall punctually meet your debt with your headman.
 Law of the twelve tables (Leges Duodecim Tabuluram or duodecim Tabulae)- a set of laws inscribed on 12 bronze
tablets created in ancient Rome in 451 and 450 BCE. They were the beginning of a new approach to laws which
were now passed by government and written down so that all citizens might be treated equally before them

 Code of Justinian (Corpus Juris Civilis or Body of Civil Law)-was a legal code. It consisted of the various sets of laws
and legal interpretations collected and codified by scholars under the direction of Byzantine Emperor Justinian I
 Burgundian Laws (Lex Burgundionum or Lex Gundobada)- refers to the law code of the Burgundians, probably
issued by king Gundobad. It is influenced by Roman law and deals with domestic laws concerning marriage and
inheritance as well as regulating weregild and other penalties
SCHOOLS OF THOUGHT IN CRIMINOLOGY
School of Thought- it refers to a group of beliefs or ideas that support a specific theory
Theory-the set of statements devised to explain behaviour , events or phenomenon, especially one that has been repeatedly tested
and widely accepted.

Demonological Theory
 Assert that a person commits wrongful act due to the fact that he was possessed by demons/evil.

-PRECILLIAN-first person that is burned alive because he is heretics/anti-christ

-Joan of Arc-Burned alive because of using witch craft; wherein when first burned he is still alive; second burned his heart still
beat; third burned dead
Classical Criminology
 Cesare Bonesana Marchese Di Beccaria
 Father of Criminology
 Individuals have free will
 On crimes and Punishments(1764)
 Certainty of Punishment
 Abolished death Penalty
 Imprisonment is better
 Banishment is Excellent
 Does not give any distinction of an adult and a minor or a mentally-handicapped in as far as freewill is concerned
 Rational Choice Theory
-it is an economic principle that states that individuals always make prudent and logical decisions. These decisions provide
people with the greatest benefit or satisfaction –given the choices available and are also in their highest self-interest.
JEREMY BENTHAM
 Utilitarianism Ethical Theory-the greatest happiness for the greatest number (Ends Justifies the Means)
  Hedonism(Pleasure and avoid pain)
 Felicific Calculus(pleasure and pain Principle)
 Panopticon prison
 He reasoned that in order to deter individuals from committing crimes, the punishment or pain must be greater that the
satisfaction or pleasure he could gain from committing the crime.
 Celerity of Punishment-how quickly an individual is punished
 Certainty-how likely it is that an individual will be caught and punished(the most important of the three element)
 Severity-how harsh the punishment for a crime will be.
NEO-CLASSICAL CRIMINOLOGY
o This theory modified the doctrine of free will by stating that free will of men may be affected by other factors and crime is
committed due to some compelling reasons that prevail.
o These cause are pathology, incompetence , insanity or any condition that will make it impossible for the individual to
exercise free will entirely.
o In the study of legal provisions , this is termed as either mitigating or exempting circumstances.
ITALIAN SCHOOL OF CRIMINOLOGY OR THE POSITIVE SCHOOL
(Biological-Cesare Lombroso,Psychological-Rafaelle Garofalo and Sociological-Enrico Ferri) causes of crime.
***CESARE LOMBROSO
 Father of Criminal Anthropology
 Father of Modern and Empirical (experiment) Criminology due to his application of modern scientific methods to trace
criminal behaviour, however , most of his ideas are now discredited.
 Atavistic Stigmata(Atavistic Anomalies)-
 Ape-like
 Giuseppe Villela-first person studied by Lombroso and opened his head
 200 prisoners –other studies
 Member of the holy three
 Charles Darwin (On the Origin of Species)-cousin of Lombroso
According to Cesare Lombroso(the Criminal Man)
 Born Criminals-individuals with at least five(5) atavistic stigmata
 Insane Criminals-those who are not criminals by birth; they become criminals as a result of some changes in their brains
which interfere with their ability to distinguish between right and wrong
 Criminaloids(Criminal like)-those with make up of an ambiguous (unclear) group that includes habitual criminals, criminals
by passion and other diverse (various) types. Respectable in the society and they can conceal. They use fallguy.
(Encyclopedia of White Collar Crime and Corporate Crime)
***ENRICO FERRI
 Psychological and Social and Economic aspects
 Criminal Sociology Published(1884)
 Ferri argued that other sentiments , such as hate, cupidity(greed) and vanity (pride) had greater influences as they held
more control over a persons moral sense.
 They did not choose to commit crime it is driven by conditions of their lives
 Member of the Holy Three
***RAFFAELLE GAROFALO
 Psychological Aspect
 Disputed doctrine of free will
 Supported the position that the only way to understand crime was to study it by scientific method
 Influenced by Lombrosos theory of atavistic stigmata
 He traced the roots of criminal not to physical features but to their psychological equivalents, which he called “Moral
Anomalies”
 BIOLOGICAL DETERMINISM-the exercise of criminal traits associates an individuals evil disposition to physical disfigurement
or impairment.
GIAMBATISTA DELA PORTA(1535-1615)-Italian physician who founded the school of human physiognomy, the study of facial
features and their relation to human behaviour;the study of judging a person’s character from Facial features to determine
whether the shape of the ears , nose and eyes and the distances between them were associated with anti-social behaviour
JOHAN KASPAR LAVATER(1741-1801)-SWISS theologian who believed that people’s true characters and inclinations could be
read from their facial features
PHRENOLOGY(CRANIOLOGY OR CRANIOSCOPY)-the study of the external formation of the skull in relation to the person’s
personality and the tendencies toward criminal behaviour.
FRANZ JOSEPH GALL-he developed cranioscopy which was later renamed as Phrenology.
JOHAN KASPAR SPURZHEIM-assistant of Gall in the study of Phrenology. He was the man most responsible for popularizing and
spreading phrenology to a wide audience.
CRANIOMETRY-the scientific measurement of skulls, especially in relation to craniology.
PHYSIOLOGY(SOMATOTYPE)-the study of body build of a person in relation to his temperament and personality and the type of
offense he is most prone to commit.
ERNST KRETSCHMER WILLIAM HERBERT SHELDON PHYSIQUE AND TEMPERAMENT
PYKNIC ENDOMORPHIC VISCEROTONIC
ATHLETIC MESOMORPHIC ROMOTONIC
ASTHENIC ECTOMORPHIC CEREBROTONIC

HEREDITY-the transmission of traits from parents to offspring

RICHARD DUGDALE (DJ)

o He studied the lives of the members of the JUKES FAMILY and referred to Margaret ADA JUKES as the MOTHER OF
CRIMINALS
o He discovered that from among the descendants of Ada Jukes, there were 280 paupers (indigent), 60 thieves, 7 murderers,
40 other criminals, 40 persons with venereal (STD) disease and 50 prostitutes
o He claimed that since families produce generations of criminals , they must have been transmitting degenerate traits, down
the line
HENRY GODDARD(GK)
o A study in the Heredity of Feeble-mindedness
o A feeble-minded(illness or deficiencies of the mind) was used from the late nineteenth century in Europe, the United States
and Australasia for disorders.
o Eugenics(good well-being)- a set of beliefs and practices that aims at improving the genetic quality of a human population.
(Francis Galton)
o He studied the lives of the Kallikak Family and found that among the descendants from MARTIN KALIKAK’s relationship with
a feeble minded lady, there were 143 feeble-minded and only 46 normal, 36 were illegitimate , 3 Epileptics, 3 criminals ,8
kept brothels and 82 died of infancy
o His marriage with a woman from a good family produced almost all normal descendants, only 2 were alcoholics , 1 was
convicted of religious offense, 15 died at infancy and no one became criminal or epileptic
o He coined the word MORON
NATURE THEORY
The view that intelligence is largely determined genetically and that low intelligence is linked to criminal behavior. (Alfred Binet-
they invented the first practical IQ test or the “Binet-Simon Test” with Theodore Simon.
PSYCHOLOGICAL DETERMINISM
-this idea has long been hatched by thinkers who were consumed by the belief that it is the psychological equivalents that
prod(push) the person to act the way he does.
-the are so many ways to classify psychological theories of crime causation.Some of the theories emphasizes emotional
problems,mental disorders, sociopathy and thinking patterns, But the common assumption of these theories is that there is
something wrong with the mind of the offender which caused him to commit crimes.
SIGMUND FREUD(1856-1939)
-Father of Psychoanalysis
-He believed that man carry with him residue(remains ) of the most significant (major)emotional attachments of his childhood,
which then guide future interpersonal relationship.
-he founded the PSYCHOANALYTIC(psychodynamic THEORY OF CRIMINALITY in which he attributed delinquent and criminal
behaviour to a conscience that is overbearing which arouses feelings of guilt or a conscience that is so weak that it cannot control
the individuals impulses and the need for immediate gratification

ID(instinctive drive)-it is governed by the “Pleasure Principle);the id impulses are not social and must be repressed or adapted so
that they may become socially acceptable.(unconscious biological drives for pleasure)
EGO- this is considered to be the sensible and responsible part of an individual’s personality and is governed by the “Reality
Principle; Iit is developed early in life and compensates for the demands of the id by helping the individual guide his actions to
remain within the boundaries of accepted social behaviour ;it is the objective , rational part of the personality.(Man’s Gate Will)
SUPEREGO-the moral conscience of individual;it is structured by what values were thought by the parents , the school and the
community , as well as belief in God(Voice of God);it is largely responsible for making a person follow the moral codes of society.
(The conscience Principle)
EROS-the most basic human drive present at birth (the instinct to preserve and create life).An expressed sexually.(EROS-god of
sexual attraction)

SOCIOLOGICAL DETERMINISM
Sociological factors refers to things ,places and people with whom we come in contact with and which play a part in determining
our actions and conduct. These causes may bring about the development of criminal behavior
DAVID EMILE DURKHEIM
+one of the founding scholars of sociology
+Published a book,”Division of Labor in Society”, which became a landmark work on the organization of scoieties
 Crime is as normal a part of the society as birth and death
 Crime is part of human nature because it has existed during periods of poverty and prosperity
 As long as human differences exists, which is one of the fundamental conditions of society , it is but natural and expected
that it will result to criminality.
GABRIEL TARDE(Jean-Gabriel De Tarde)
-the forerunner of modern day learning theorist
-Theory of Imitation, which governs the process by which people become criminals
-the Theory of imitation is explained by the following patterns:
Pattern 1:individuals imitate others in proportion to the intensity and frequency of their contact
Pattern 2:inferiors imitate superiors
Pattern 3:when two behaviour patterns clash , one may take the place of the other

SOCIAL DISORGANIZATION THEORY(DIFFERENTIAL SOCIAL ORGANIZATION)

-Clifford Shaw and Henry Mckay
-the conditions within the urban environment that affect crime rates
-Links crime rate to neighbourhood ecological characteristics
- Views crime ridden neighbourhoods as those in which residents are uninterested in community matters; therefore the common
sources of control –family, school, church and barangay authorities-are weak and disorganized
-Location or Environment

STRAIN THEORY
-Robert King Merton
-the social structures within the society may pressure citizens to commit crime
-argues that the ability to obtain these goals is class dependent;members of the lower class is un bale to achieve these goals which
come easily to those belonging to the upper class
-the commission of crimes with the aim of achieving these goals results from this conflict.
-FARDUT

SOCIAL PROCESS THEORY

It views that criminality is a function of people’s interaction with various organization, institutions, and process in society.
Social Leaning Theory- Bad Life experience.
DIFFERENTIAL ASSOCIATION THEORY
-Edwin Sutherland
-criminality is a function of a learning process that could affect any individual in any culture
-Dean of Modern Criminology
-Coined the word WHITE COLLAR CRIME
-Coined the word SUICIDOLOGY
-stated that in the future criminology will become a science
CRIMINAL BEHAVIOR IS LEARNED
 Criminal behaviour is learned in interaction with other persons in a process of communication;
 The principal part of the learning of criminal behaviour occurs within an intimate personal group;
 When criminal behaviour is learned , the learning include techniques in committing the crimes which are sometimes veryb
simple, the specific direction of motives, drives, rationalization and attitudes;
 The process of learning criminal behaviour by association with criminal and anti-criminal patterns involves all of the
mechanisms that are involved in any other learning

DIFFERENTIAL REINFORCEMENT THEORY

 People strike a balance between being “all-deviant” and “all-conforming”
 Behavior persist depending on the degree to which it was rewarded or punished

RONALD L. AKERS
Argued that criminal behaviour is learned through both social and non-social reinforcements and that most learning of criminal
behaviour occurs in social interactions with other people.

SOCIAL CONTROL THEORY(SOCIAL BOND THEORY)

 TRAVIS WARNER HIRSCHI
 It maintains that all people have the potential to violate the law and that modern society presents many opportunities for
illegal activities
 It ties a person has to the institutions and process of society
 It argues that people obey the law because behaviour and passions are being controlled by internal and external forces.
 Punishment and conscience
ELEMENTS OF SOCIAL BOND(biac)
 BELIEF-people have been brought up to set up rules, belief and others
 INVOLVEMENT-people are engage in communities and respect would be lost.
  ATTACHMENT-family and relationship
 COMMITMENT-people may lost a great deal

CONTAINMENT THEORY
 Walter C. Reckless
 The idea that strong self-image insulates(protect) a youth the pressures and pulls of crimogenic(cause crime) influences in
the environment
 A behaviour must be controlled , and in the absence of appropriate controls, people will deviate.

SOCIAL REACTION THEORY(LABELING THEORY)

 Frank Tannerbaum the Grandfather of (SRT/LT)
 Holds that people enter into law-violating careers when they are labelled for their acts and organize their personalities
around the labels.
 Negative labels have dramatic influence on the self-image of offenders

EROTOMANIA
A morbid (dark) propensity (tendency) to love or make love .Excessive sexual desire
ALIENIST
Term applied for specialist in the study of disorders, sometimes interchangeably used with psychiatrist.
LOGOMACY
a statement that we would have no crime if we had no criminal law, and that we could eliminate all crime merely by abolishing all
criminal laws.

THINGS TO REMEMBER (CLE 2017)

Road rage
LGBT-Q
Guerilla(Terrorism)little war
Rational Calculation
XYY Theory-supermale
Chivalry Hypothesis- low female crimes-clemency of police to treat women
Masculinity Hypothesis
ELectroEncepaloGraph(ECG)instrument measure brain wave.