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NOTES ON INTRODUCTION TO CRIMINOLOGY

STUDY OF THE BACKGROUND OF INTRODUCTION TO CRIMINOLOGY

Criminology, defined:

It is a body of knowledge regarding crime as a social phenomenon. It includes within its scope
the making of laws, the breaking of laws and the reaction toward the breaking of laws. (Sutherland)

It is also defined as the scientific study of causes of crime in relation to man and society who
set a defined rules and regulations for himself and others to govern.

It is a science or discipline which studies crime and criminal and the attempt of analyzing
scientifically their causes and control and the treatment of criminals.

Criminology is a multidisciplinary study of crimes. This means that many disciplines are
involved in the collection of knowledge about criminal action, including, sociology, psychology and
psychiatry.

Sociology - the study of crime focused on the group of people and society as a whole. It is primarily
based on the examination of the relationship of demographic and group variables to crime. Variables
such as socio- economic status, interpersonal relationships, age, race, gender and cultural groups of
people are probed in relation to the environmental factors that are most conducive to criminal action
such as time, place and circumstances surrounding the crime.

Psychology - the science of behavior and mental processes of the criminal. It is focused on the
individual criminal behavior.

Psychiatry - the science that deals with the study of crime through forensic psychiatry, the study of
criminal behavior in terns of motives and drives that strongly relies on the individual.

SCOPE OF THE STUDY OF CRIMINOLOGY

Criminology is a broad study of crimes and criminals. It covers several principal area or
divisions.
1.) Criminal behavior or Criminal Etiology- the scientific analysis of the causes of crime.
2.) Sociology of law - the study of law and its application.
3.) Penology or Correction - the study that deals with punishment and the treatment of criminals.
4.) Criminalistics or Forensic Science - one more area of concern in crime detection and
investigation.
5.) Victimology – study of victims and damages.

PURPOSES OF STUDYING CRIMINOLOGY

1. The primary aim is to prevent the crime problem.
2. To know and understand crime and criminals which is basic to know the actions to be done to
prevent crimes.
3. To prepare students for a career in law enforcement and scientific crime detection.
4. To develop within the students an understanding of the constitutional guarantees and due
process of law in the administration of justice.
5. To foster a higher concept of citizenry and leadership together with an understanding of one
moral and legal responsibilities to his fellowmen, his community and the nation.

FOUR MAIN INTERRELATED DIVISIONS OF CRIMINOLOGY

1. The explanation of life.
1. The identification of criminals and detection of crime.
2. The punishment or treatment of criminals or offenders.
3. The prevention of crime.

IMPORTANCE OF CRIMINOLOGY

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 1. Criminology is a source of a philosophy of life.
2. It is a background for a profession or for social service.
3. Criminals are legitimate objects of interest.
2. Crime is a costly problem.

EARLIER EXPLANATION OF CRIME

a. Demonological explanation
b. Divine will explanation

NATURE OF CRIMINOLOGY

Criminology is:
1) Applied science - Anthropology, psychology, sociology and other natural sciences may be applied in
the study of the causes of crime while chemistry, medicine, physics, mathematics maybe utilized in
crime detection.
2) Social science - considered a social science in as much as crime is a societal creation and that it
exists in the society.
3) Dynamic - criminology changes as social condition changes. Criminology progresses in concordant
with the advancement of other sciences that have been applied to it.
4) Nationalistic - The study of crime must always be in relation with the existing criminal law with in
the territory.

OBJECTS OF INTEREST IN CRIMINOLOGY

Crime
Criminals
Criminal behavior
Victims

A. CRIME

CRIME defined:

1. It is an act or omission in violation of a criminal law in its legal point.

2. It is an anti-social act, and act that is detrimental or harmful to the norms of society;
they are the unacceptable acts in its social definition.
3. Psychologically, crime is an act, which is considered undesirable due to behavioral
maladjustment of the offender, acts that are caused by maladaptive or abnormal behaviors.

Crime is also a generic name that refers to offense, felony and delinquency or misdemeanor.

Offense - is an act or omission that is punishable by special laws (statute enacted by Congress, penal
in character, which is not an amendment to the Revised Penal Code)

Felony- is an act or omission that is punishable by the Revised Penal Code.

Delinquency/Misdemeanor/Infraction - acts that are in violation of simple rules and regulations
usually referring to acts committed by minor offenders.

MALA INSE - acts that are regarded, by tradition and convention, as wrong in themselves.

MALA PROHIBITA - acts that are considered “wrong” only because there is a law against them.

HOW TO CONSIDER AN ACT AS A CRIME

1. The act is prohibited by law and contains legally prescribed punishment. “NULLUM CRIMEN SINE
LEGE” (There is no crime if there is no law.

2. The act itself or physical elements must take place. “ACTUS REUS”

3. Social harm of a conscious voluntary nature is required, there must be injury to the estate or people.

4. “MENS REA”- criminal intent, guilty mind

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5. The voluntary misconduct must be related to the harm. It must be shown that the act or decision
did directly or indirectly cause harm.

CRIMINOLOGICAL CLASSIFICATION OF CRIME

1.) Acquisitive crime - committed, the offender acquires something as a consequence of his
criminal act.
2.) Extinctive crime - is one which when result of the criminal act is destruction.
3.) Seasonal crimes - committed only at a certain period of the year.
4.) Situational crimes - committed only a situation conducive to its commission.
5.) Episodic crimes - are serial crimes, committed by means of series.
6.) Instant crimes - committed the shortest possible time.
7.) Static crimes - committed only in one place.
8.) Continuing crimes - committed in several places.
9.) Rational crimes - committed with intent
10.) Irrational crimes - are committed without intent.
11.) White collar crimes- Upper socio-economic class in the course of their occupational activities.
12.) Blue collar crimes - Lower or ordinary professionals to maintain their livelihood.
13.) Upper world crimes - Upper class of society.
14.) Under World crimes - Lower or under privilege class of society.
15.) Crimes by Imitation - are crimes committed by merely duplication.
16.) Crimes by passion - are crimes committed is fit of great emotions.
17.) Service crimes - refer to crimes committed through rendition of a service to satisfy desire of
another.

LEGAL CLASSIFICATION OF CRIMES

1. Crime against National Security and the Law of Nations

(Ex: Treason, Espionage, Piracy)

2. Crimes against the Fundamental Law of the State.

(Ex: Arbitrary detention, Violation of domicile)

3. Crimes against Public order

(Ex: Rebellion, Sedition, Coup de ’etat)

4. Crimes against Public Interest

5. (Ex: Forgery, Falsification, Fraud)

6. Crimes against Public Morals

(Ex: Gambling and betting, offenses against decency and good customs like scandals,
obscenity, vagrancy and prostitution.)

7. Crimes committed by Public Officers

(Ex: Malfeasance and Misfeasance)

8. Crimes against Person

(Ex: Murder, Rape, Physical injuries)

9. Crimes against property

(Ex: Robbery, theft, arson)

10. Crimes against Personal Liberty and Security

(Ex: Illegal detention, Kidnapping, Trespass to Dwelling, Threat and Coercion.)

11. Crimes against Chastity

(Ex: Concubinage, Adultery, Seduction, Abduction, Acts of Lasciviousness)

12. Crimes against Civil Status of Persons

(Ex: Bigamy and other Illegal Marriages)

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 13. Crimes against Honor
(Ex: Libel, Oral defamation)

14. Quasi-offenses or Criminal Negligence

(Ex: Imprudence and Negligence)

B. THE CRIMINAL

Criminal maybe defined in three ways:

1) A person who committed a crime and has been convicted by a court for the violation of a
criminal law. (legal)
2) A person who violated a social norm or one who did an anti-social act. (social)
3) A person who violated rules of conduct due to behavioral maladjustment. (psychological)

CRIMINOLOGICAL CLASSIFICATION OF CRIMINALS

1. Acute criminal - They commit passionate crimes.

2. Chronic criminal - He plans the crime ahead of time.
3. Ordinary criminal - is considered the lowest form of criminal in a criminal career.
4. Organized criminal - is one who associates himself with other criminals to earn a high degree
of organization.
5. Professional criminal- is a person who is engaged in criminal activities with high degree of
skill.
6. Accidental criminals - are those who commit crimes when the situation is conducive to its
commission.
7. Habitual criminals - are those who continue to commit crime because of deficiency of
intelligence and lack of self-control.
8. Active criminals - are those who commit crimes due to aggressiveness.
9. Passive-Inadequate criminals - are those who commit crimes because they are pushed to it
by reward or promise.
10. Socialized Delinquents - are criminals who are normal in behavior but defective in their
socialization process or development.
11. Habitual delinquent - is a person who, with in a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious physical injuries, robbery, estafa,
or falsification, is found guilty of (any of the said crimes for the third time or oftener.)
12. Recidivist - is one who, at the time of his trial for one crime, (shall have been previously
convicted by final judgment of another crime embraced in the same title of the Revised Penal
Code.)

C. CRIMINAL BEHAVIOR

Criminal behavior is an intentional behavior that violates a criminal law. Criminal behavior may
also refer to the study of the human conduct focused on the mental processes of the criminal.

D. THE VICTIM

Victimology - is simply the study of victims of crimes and there contributory role, if any, in crime
causation.

APPROACHES IN THE STUDY OF CRIMINOLOGY

In general, the approaches in the study of crime are:

◊ Subjective approach
◊ Objective approach
◊ Contemporary approaches

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A. SUBJECTIVE APPROACHES

It deals mainly on the biological explanation of crimes, focused on the forms of abnormalities
that exist in the individual criminal before, during and after the commission of the crime.

1.) Anthropological approach - the study on the physical characteristic.

2.) Medical approach - the application of medical examinations on the individual criminal to
explain the mental and physical condition.
3.) Biological approach - the evaluation of genetic influences to criminal behavior.
4.) Physiological approach - the study on the nature of human being concerning his physical
needs in order to satisfy his wants.
5.) Psychological approach - it is concerned about the deprivation of he psychological needs of
man.
6.) Psychiatric approach - the explanation of crime through diagnosis of mental diseases as a
cause of the criminal behavior.
7.) Psychoanalytical approach - the explanation of crime based on the Freudian Theory, which
traces behavior as the deviation of the repression of the basic drives.

B. OBJECTIVE APPROACHES

This approaches deal on the duty of groups, social processes and institutions as influences to
behavior. They are primarily derived from social sciences.

1. Geographic approach - this approach considers topography, natural

resources, geographical location and climate lead an individual to commit crime. (Quetelet)
2. Ecological approach - it is concerned with the biotic grouping of men
resulting to migration, competition, social discrimination, division of labor and social conflict as
factors to crime. (Park)
3. Economic approach - it deals with the explanation of crime considering
financial security of inadequacy and other necessities to support life as factors to criminality.
4. Socio-Cultural approach - those that focus on institutions, economic,
financial, education, political and religious influences to crime.

C. Contemporary approaches

Modern days put emphasis on scientific modes of explaining crime and criminal behavior. This
approach is focused on the psychoanalytic, psychiatric and sociological explanations of crime n an
integrated theory.

EXPLANATION OF CRIME AND CRIMINAL BEHAVIOR

THEORIES OF CRIME

1. THE PRE-CLASSICAL OR DEMONOLOGICAL THEORY

Before the development of more scientific theories of criminal behavior, one of the most
popular explanations was the Demonology.

According to this explanation, individuals were thought to be possessed by good or evil spirits,
which caused good or evil behavior. The theory maintains that criminal behavior was believed to be
the result of evil spirits and demons something of natural force that controls his/her behavior.
Centuries ago, guilt and innocence were established by a variety of procedures that presumably called
forth the supernatural allies of the accused. The accused were innocent if they could survive an
ordeal, or if miraculous signal appeared.

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Criticisms of Demonological theory/school

a) Unscientific theory - it is unscientific and irrational because no evidence which may be

scientifically admissible, can be adduced to support this theory.
b) Irrational - Being unscientific theory, it is not based on any rational facts and is by and large a
projection of inner fear, sense insecurity coupled with superstition.
c) Cruel and Barbaric Penal Code - as the theory of punishment of this school is based on false
belief that if the body of man is subjected to burns, cuts or acidic substances inflict sever
beating and pain, the demon will feel compelled to quit the body.

Pre – 20th Century (18th C – 1738 – 1796)

2. THE CLASSICAL OR FREE-WILL THEORY

This is the school of thought advocated by Cesare Beccaria whose real name is Cesare
Bonesana Marchese de Beccaria (born in Milan, Italy on March 15, 1738-died 1794) together with
Jeremy Bentham who proposed the “Utilitarian Hedonism”- the belief that people chose pleasure and
avoid pain.

Becarria presented his key ideas in his ‘Crime and Punishment” on the abolition of torture as a
legitimate means of extracting confessions.

The Classical theory maintains that man commits crime out of his own free accord, that crime is
but an outward manifestation of the inner criminal resolve of man. Neither the moral coded nor the
fear of God nor the pressure of economic conditions was supposed to affect or in any manner modify
the inner resolve. Therefore, stress is placed upon the criminal himself, that every man is responsible
for his act.

According to Beccaria, the crime problem could be traced not to bad people but to bad laws
based on the assumption of freewill. He proposed the following principles:
a. Laws should be used to maintain the social contract- laws are the
condition under which men united themselves in society.
b. Only legislators should create laws.
c. Judges should impose punishment only in accordance with law.
d. Punishment should be based on the pleasure- pain principle- equal
punishment should not be ordained in different crimes.
e. The punishment should be determined by the crime.
f. Punishment should be based on the act, not on the actor.
g. Punishment should be prompt and effective.
h. All people should be treated equally.
i. Capital punishment should be applied only to serious crimes against the
state.
j. The use of torture to gain confession should be abolished.
k. It is better to prevent crime that to punish them.

Arguments about the Classical theory

a.) Unfair - it treats all men as if they were robot without regard to the individual differences and
the surrounding circumstances when the crime is committed.
b.) Unjust - having the same punishment for first offenders and recidivists.
c.) The nature and definition of punishment is not individualized.
d.) It considers only the injury caused not the mental condition of the offender.

3. NEO-CLASSICAL THEORY

It asserted that certain categories of offenders such as minor, insane, incompetence shall be
treated leniently irrespective of their criminal act because these persons are not capable of knowing

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what is right or wrong. The children and lunatics should not be regarded as criminals and free form
punishment and mitigating circumstances must be taken into consideration.

BIOLOGICAL THEORIES
4. POSITIVIST OR ITALIAN THEORY

It was advocated by Cesare Lombroso and his two students Enrico Ferri and Rafaele Garofalo
(known as the “Holy three” in criminology”). This theory says that crime is an act as a social and moral
phenomenon and is comparable to a natural disaster or calamity. That crime is a social and moral
phenomenon and it cannot be treated and checked by the imposition of a punishment but rather
rehabilitation or the enforcement of individual measures.

Cesare Lombroso (1835-1909) - The Italian leader of the Positivist school of criminology was
criticized for his methodology and his attention to the biological characteristics of offenders, but his
emphasis on the need to study offenders scientifically earned him the “Father of modern criminology”
by Stephen Schafer since most contemporary criminologists follow in the tradition that Lombroso
began- of scientific observation and a comparison of theory with fact. His major contribution is the
development of a scientific approach to the study of criminal behavior and to reform the criminal law.
He wrote the essay “Crime: Its causes and remedies” that contains his key ideas and the classification
of criminals.

Lombroso began his criminal anthropology with a post mortem evaluation of famous criminals,
as a result of this and other studies, Lombroso reached the conclusion that criminals were atavistic
human beings- throwbacks to earlier stages of evolution who were not sufficiently mentally advanced
for successful life in the modern world.

Lombroso in his exhaustive study of criminals has discovered certain definite relationship
between the physical structure and the mental make-up of a man. According Lombroso, not only there
is a definite type, physical features and mental traits and of a criminal but each category of criminal
has his unique type.

He identified a large number of atavistic traits, which, he claimed could lead to crime. Among
them were long arms, large lips, crooked noses, and abnormally large amount of body hair, prominent
cheekbones, eyes of different colors, and ears which lacked clearly defined lobes.

Classification of Criminals by Lombroso

b. Born Criminals/atavism - there are born criminals, the belief that criminal
behavior is inherited.
c. Insane Criminals - are those who commit crime due to abnormalities or
psychological disorders. They become criminal as a result of some change in their brains which
interferes with their ability to distinguish between right and wrong.
d. Epileptoid criminal – those suffering from mild disorder.
e. Habitual Criminal – career offenders.
f. Criminaloid - career criminals and criminals of opportunity without atavistic
features and recognized the potential causative roles of greed, passion and circumstance in their
behavior.

Types of Criminaloids
1. Occasional criminal - those who don’t seek for the crime but they are drawn into it because
of opportunity.
2. Criminal by Passion - are individuals who are easily influenced by great emotions like fit of
anger.
3. Pseudo-criminals - those who kills in self-defense.

Enrico Ferri - His greatest contribution was his attack on the classical doctrine of free will, which
argued that criminals should be held morally responsible for their crimes because they must have made
a rational decision to commit the crime.

He believed that criminals could not be held morally responsible for their crimes because they
did not choose to commit crimes but, rather, were driven to commit them by conditions in their lives.

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He also claimed that strict adherence to preventive measures based on scientific methods would
eventually reduce crime and allow people to live together in society with less dependent to penal
system.

Factors of Criminality by Enrico Ferri:

1. Physical and geological environment
2. The individual
3. Social environment

Rafaele Garofalo - He rejected the doctrine of freewill and supported the position that the only way
to understand crime was to study it by scientific methods. Influenced on Lombroso’s theory of atavistic
stigmata( man’s inferior or animalistic behavior), he traced the roots of criminal behavior not to
physical features but to their psychological equivalents, which he called “moral anomalies”. According
to this theory, natural crimes are found in all human societies, regardless of the view of lawmakers,
and no civilized society can afford to disregard them. Natural crimes are those that offender the basic
moral sentiments of probity(respect for the property of others) and piety (revulsion against the
infliction of suffering on others).

He also developed a concept of the natural crime and defined it as a violation of the prevalent
sentiments of pity and probity.

Types of Criminals by Garofalo

1. Murderers - are those who are satisfied from vengeance/revenge.
2. Violent Criminals - those who commit very serious crimes.
3. Deficient Criminals - those who commit crime against property.
4. Lascivious Criminals - those who commit crime against chastity.

CHALLENGES TO LOMBROSIAN THEORY

After Lombroso died, Charles Buckman Goring and his research assistant Karl Pearson, decided
to conduct a test of atavism. Goring and Pearson studied more than 3,000 prisoners and compared
them along physiological criteria to an army detachment known as the Royal Engineers. No significant
differences were found between the two groups and Lombroso’s ideas rapidly began to fall into
disrepute. Goring rejected the claim that specific stigmata identify the criminal, he was convinced that
poor physical condition plus a defective state of mind were determining factors in the criminal
personality.

A RETURN TO BIOLOGICAL DETERMINISM (HOOTON’S EVALUATION)

After Goring’s challenge, Lombrosian theory lost its academic popularity for about a quarter of a
century. Then in 1939 Ernest Albert Hooton, a physical anthropologist, on his work ,“Crime and the
Man”, reawakened an inters in biologically determined criminality with the publication of massive study
comparing American prisoners with a non-criminal control group. He attacked Goring’s conclusion and
argued that although Lombroso’s theories have not been carefully investigated and substantiated,
either have they been refuted. He concluded:

“In every population there are hereditary inferiors in mind and in body as well as physical and
mental deficient… our information definitely proves that it is from the physically inferior element of the
population that native born criminal s from native parentage are mainly derived from.”

He also found out that “Tall thin men tend to commit forgery and fraud, undersized men are
thieves and burglars, short heavy person commit assault, rape and other sex crimes; where as
mediocre (average) physique flounder around among other crimes.

PHRENOLOGY

The belief that behavior can be explained by some physiological characteristics of the body is
an old one. Criminologists Stephen Schafer has traced the belief that personality is determined by
the shape of the skull as far back as Aristotle. He has traced the theory that there is a relationship
between the type of crime and the body form of the criminal. But the real development of

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“physiognomy”, the study of facial features, is traced to Johan Lavater, Later, but in the same
century, the development of Phrenology, “the study of the external conformation of the cranium,”
developed as a discipline.

Phrenology is associated mainly with the work of Franz Joseph Gall, who investigated the
bumps and other irregularities of the skulls of the inmates of penal institutions and asylums for the
insane. He also studied the heads and head casts of persons who were not institutionalized and used
these as controls.

The theory of phrenology is based on the proposition that the exterior of the skull corresponds
to the interior and to the brain’s conformation.

5. THE SOMATOTYPING (Body Type) THEORY

B
The idea of somatotyping was originated from the work of German Psychiatrist Ernest
Kretschmer, who published “Physique and Character in 1926” which related body built to behavior,
who distinguished three principal types of physique as:
a.) The Asthenic- lean, slightly built, narrow shoulders
b.) The Athletic- medium to tall, strong, muscular, coarse bones
c.) The pyknic- medium height, rounded figure, massive neck, broad face.

He then related these physical types to various psychic disorders; Pyknics to manic depression,
asthenics and athletics to schizophrenia, and so on.

Kretschmer’s work was brought to the United States by William Sheldon who formulated his own
group of somatotypes:
a) Ectomorph - tall, skinny body, thin, fragile
b) Endomorph - short, fat body, soft roundness of the body
c) Mesomorph - athletic type, predominance of muscle, strong firm

6. CARTOGRAPHIC OR GEOGRAPHICAL THEORY

According to Geographical school of criminology, the phenomenon of crime is closely related

with the geography, climate, and altitude of the place where crime takes place. The geographical
school attempts to show the influence upon behavior of such factors as climate including temperature,
humidity, barometric pressure, change in the weather and so on (topography, natural resources and
the geographic location The chief proponents of this school are Adolphe Quetelet, Andre Michel
Guerry and Montesque.

The geographical theory, as propounded by Quetelet and Guerry, is known as Thermic law,
according to which certain types of crimes are so linked with geographical conditions that these occur
in a particular climate at a particular area and not in others. Thus, generally, crimes against person
usually take place in summer, whereas crimes against property take place in winter. Thus the rate of
crime is rather low in areas where land is fertile and the harvest plentiful and the rate of crime is high
where large tracts of lands are barren or irrigation is poor. Similarly, the people living at higher
altitude are less prone to crime than people of low lands.

Montesque has come to certain definite conclusion after making an intensive study of crime in
different hemispheres and different altitudes and longitudes of earth. According to him, the rate is
very high in areas on or near the equator. The climate in on equator is intensely hot and humid and
this renders people irritable and tempers are frayed. This is a potent factor in the production of crime
particularly physical violence and offense and not only the incidence of crime is high on and near
equator but also the nature of crimes also grave. On or near the poles, north or south, the incidence
and gravity of crime is very light.

Lombroso also in his investigation of the phenomenon of crime discovered that the incidence is
less in plains compared with rocky lands, plateaus and valleys.

SOCIOLOGICAL THEORIES

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7. HUMAN ECOLOGY THEORY

The main effort of this school is to establish the importance of social and economic conditions
for the thinking and behavior of man in relation to crime. It also studies in detail the relation to crime
of factors like density of population, the climatic changes, town planning and spread of education.

Robert Ezra Park is a strong advocate of the scientific method in explaining criminality but he
is a sociologist. He advocated the Human Ecology Theory”. Human Ecology is the study of the
interrelationship of people and their environment. This theory maintains that crime is a function of
social change that occurs along with environmental change. It also maintains that the isolation,
segregation, competition, conflict, social contract, interaction and social hierarchy of people are the
major influences of criminal behavior and crimes.

8. ANOMIE THEORY

It was advocated by David Emile Durkheim and Robert Merton, the theory that focused on
the sociological point of the positivist school which explains that the absence of norms in a society
provides a setting conducive to crimes and other anti-social acts. According to him, the explanation of
human conduct lies not in the individual but in the group and the social organization.

He also framed the early development of the “ Consensus Theory” in sociology. He argued that
mainly order, integration and smooth functioning characterize social life. According to him, the order
of social life does not derive from individuals but from society because the individuals is not sufficient
unto him, it is the society that he receives everything necessary to him.

He also maintained that crime is an “important ingredient of all healthy societies because crime
make people more aware of their common interest and help to define appropriate, moral, or lawful
behavior.”

Anomie-lawlessness- refers to a morally deregulated condition in which people have

inadequate moral controls over their behavior.
SUBCULTURE THEORY

Advocated by Albert Cohen, claims that the lower class cannot socialize effectively as the
middle class in what is considered appropriate middle class behavior. Thus, the lower class gathered
together share their common problems, forming a subculture that rejects middle class values. Cohen
called this process as reaction formation. Much of this behavior comes to be called delinquent
behavior; the subculture is called a gang and the kids are called delinquents. He put emphasis on the
explanation of prevalence, origins, process and purposes as factors to crime.

PSYCHOLOGICAL THEORIES

Pioneers in Criminal Psychology

Isaac Ray - he is best known as the author of “The Medical Jurisprudence of Insanity”. In it,
he defended the concept of “moral insanity”. Moral insanity was a term used to describe persons who
were normal in all respects except that something was wrong with the part of the brain that regulates
affective responses.

9. PSYCHOANALYTICAL THEORY

Psychologists have considered a variety of possibilities to account for individual differences –

defective conscience, emotional immaturity, inadequate childhood socialization, maternal deprivation,
and poor moral development.

The Freudian view on criminal behavior was based on the use of Psychology in explaining an
approach in understanding criminal behavior.

Sigmund Freud
maintains that:

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 a) Criminal behavior is a form of neurosis, that criminality may result from an over active
conscience.
b) Crime is the result of the compulsive need for punishment to alleviate guilt and anxiety.
c) Criminal behavior is a means of obtaining gratification of need.
d) Criminal conducts represent a displaced hostility. Criminality is essentially a representation of
psychological conflict.

SOCIAL- PSYCHOLOGICAL THEORIES

While psychological approaches uncover aspects of the personality hidden even from the mind
in which they resided, and sociological theories look to institutional arrangement in the social world to
explain crime, social-psychological approaches to crime causation attempt to explain deviant behavior
by relating it to the cultural environment in which the individual matures.

DIFFERENTIAL ASSOCIATION THEORY

Edwin Sutherland introduced differential association theory in his textbook “Principles of

Criminology”. The theory states that crime is learned through social interaction and that criminal
behavior not inherited. It is learned through the process of communication, and learning process
includes technique of committing the crime, motive and attitude.

Sutherland’s Nine Propositions

a. Criminal behavior is learned.
b. Crime is learned by participation with others in verbal and non-verbal communications.
c. Families and friends have the most influence on the learning process.
d. The learning process includes techniques of committing the crime and the specific direction of
motives, drive and attitude.
e. Not everyone in the society agrees that laws should be obeyed; some people define it
unimportant.
f. A person becomes delinquent because of an excess definition favorable to the violation of laws
over to the definitions unfavorable to the violation of laws.
g. Differential associations vary in frequency, duration, priority and intensity. The extent to which
associations and definitions will result in criminality is related to the frequency of contacts and
their meaning to the individual.
h. The process of learning criminal behavior by association with criminal patterns involves all the
mechanisms that are involve in any other learning.
i. While criminal behavior is an expression of general needs and value, it is not explained by those
general needs and values since non-criminal behavior is an expression of the same needs and
values.

CONTAINMENT THEORY (Walter Reckless)

A broad analysis of the relationship between personal and social controls is found in
Containment Theory. This theory is a form of control, which suggests that a series of both internal and
external factors contributes to criminal behavior.

The containment theory assumes that for every individual there exists a containing external
structure and a protective internal structure, both of which provide defense, protection or insulation
against crime or delinquency.

According to Reckless, the outer structures of an individual are the external pressures such as
poverty, unemployment and blocked opportunities while the inner containment refers to the person’s
self control ensured by strong ego, good self image, well developed conscience, high frustration
tolerance and high sense of responsibility.

SOCIAL CONTROL THEORY

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 Social Control theory focuses on techniques and strategies that regulate human behavior and
lead to conformity or obedience to society’s rules - the influences of family and school, religious beliefs,
moral values, friends and even beliefs about government. The more involved and committed a person
is to conventional activities and values and the greater the attachment to parents, loved ones, and
fiends, the less likely is to violate society’s rules and to jeopardize relationships and aspirations.

LABELLING THEORY
RACIAL THEORY

Karl Marx, Frederick Engel, Willem Bonger (1818-1940)

They are the proponents of the Social class Conflict and Capitalism Theory.

Marx and Engel claimed that the ruling class in a capitalist society is responsible for the
creation of criminal law and their ideological bases in the interpretation and enforcement of the laws.
All are reflected in the ruling class, thus crime and delinquency are reflected on the demoralized
surplus of population, which is made up of the underprivileged usually the unemployed and
underemployed.

Willem Bonger, a Marxist, on the other hand, placed more emphasis on working about crimes
of economic gain. He believes that profit- motive of capitalism generates an egoistic personality.
Hence, crime is an inevitable outcome.

The early Twentieth Century

David Emile Durkheim (French, 1858 – 1917)

The advocate of the “Anomie Theory “, the theory that focused on the sociological point of
the positivist school which explains that the absence of norms in a society provides a setting conducive
to crimes and other anti- social acts. He also famed the early development of the “Consensus Theory”
in sociology. He argued that mainly order, integration and smooth functioning characterize social life.

Sigmund Freud (1856-1969)

The Freudian view on criminal behavior was based on the use of psychology in explaining an
approach in understanding criminal behavior, Sigmund Freud in his psychoanalytical theory maintains
that: Criminal Behavior is a form of neurosis.

Robert Ezra Park (1864 – 1944)

Park is a strong of scientific method in explaining criminality but he is a sociologist. He is the

advocate of the “Human Ecology Theory” which explains that crime is a function of social change
that occurs along with environment change.

The middle Twentieth Century

William H. Sheldon (1898 – 1977)

His key ideas are concentrated on the principle of “Survival of the Fittest” as a behavioral
science. He advocated the “Somatotyping Theory” that explains the belief of inheritance as the primary
determinants of behavior and the body physique is a reliable indicators of personality.

Classification of Body Physique

a. Endomorpy – a type with relatively predominance of soft, roundness through out the
regions of the body. They have law specific gravity, person with typically
relaxed and comfortable disposition.

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 b. Mesomorphy – athletic type, predominance of muscles, bone and connective tissue,
normally heavy, hard and firm, strong and tough. They are the people
who are routinely active and aggressive, and they are the most likely to
commit crimes.
c. Ectomorphy – thin physique, flat chest, delicacy through out the body, slender, poorly
muscled. They are tended to be fatigued and withdrawal.

Edwin Sutherland (1883 – 1950)

Sutherland has been referred to as “the most important criminologist of the twentieth century”
because his explanation about the crime and criminal behavior can be seen as a corrected extension of
the social perspective. For this reason, he was considered the “Dean of Modern Criminology”.
Walter Reckless (1899 - 1958)

He advocated the “Social Control Theory”. It maintains that the absence of human control lead
to crime. In another version (by Ivan Nye), it state that delinquency is the result of poor self-concept,
which is the influence of the social environment forces.

LATE 20TH CENTURY: THE CONTEMPORARY PIONEERS

Robert King Merton (1910)

Robert Merton is the premier sociologist of the modern days who, after Durkheim, also related
the crime problem to anomie. He advocated the Strain Theory, which maintains that the failure of man
to achieve a higher status of life caused them to commit crimes in order for that status/goal to be
attained. He argued that crime is a means to achieve goals and the social structure is the root of the
crime problem. Merton’s explanation to criminal behavior assumes that people are law abiding but
when under great pressure will result to crime.

Albert Cohen (1913)

He advocated the sub – Culture Theory and Delinquency Theory, Cohen claims that the lower
class cannot socialize effectively as the middle class in what is considered appropriate middle class
behavior. Thus, the lower class gathered together to share their common problems, forming a
subculture that rejects middle class values. Cohen called this processes as reaction formation. Much
of this behavior comes to be called a gang and the kids are called delinquents. He put emphasis on
the examination of prevalence, origins, processes and purposes as factors to crime.

NEUTRALIZATION THEORY
Greham Sykes (1922)
He advocated the Neutralization Theory. It maintains that an individual will obey or disobey
societal rules depending upon his or her ability to rationalize whether he is protected from hurt or
destruction. People become law abiding if they feel they are benefited by it and they violate it if these
laws are not favorable to them.

DIFFERENTIAL OPPORTUNITY THEORY

Lloyd Ohlin (1928)
He advocated the DOT- Differential Opportunity Theory. This theory explained that society
leads the lower class to want things and society does things to people.

Ohlin claimed that there is differential opportunity, or access, to success goals by both
legitimate and illegitimate means depending on the specific location of the individual with in the social
structure. Thus lower class groups are provided with greater opportunities for the acquisition of
deviant acts.

LABELING THEORY
Frank Tennenbaum, Edwin Lemert, Howard Becker(1922-1982)
They are called the advocates of the Labeling Theory- the theory that explains about social
reaction to behavior. The theory maintains that the original cause of crime cannot be known, no
behavior is intrinsically criminal, and behavior becomes criminal if it is labeled as such.

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INTRUMENTALIST THEORY
Earl Richard Quinney (1934)
Quinney is a Marxist criminologist who advocated the Instrumentalist Theory of capitalist rule.
He argued that the state exists as a device for controlling the exploited class - the class that labors for
the benefit of the ruling class. He claims that upper classes create laws that protect their interest and
at the same time the unwanted behavior of all other members of society.
Quinney’s major contribution is that he proposed for the shift in focus from looking for the
causes of crime from the individual to the examination of the criminal Justice System for clues.

OTHER THEORISTS (PIONEERS OF CRIMINOLOGY)

1. Charles Darwin’s Theory (1809-1882)

In the theory of evolution, he claimed that humans, like other animals are parasites. Man is an
organism having an animalistic behavior that is dependent on other animals for survival. Thus, man
kills and steals to live.

2. Charles Goring’s Theory (1870 – 1919)

The medical officer in a prison in England who accepted the Lombroso’s challenge that body
physique is a determinant to behavior. Goring concluded that there is no such thing as physical
criminal type. He contradicted the Lombroso’s idea that criminality can be seen through feature alone.
Nevertheless, Goring accepted that criminals tend to be shorter and less weight than non-criminals.

3. Earnest Hooton’s Theory (1887 – 1954)

A Harvard Anthropologist who reexamined the work of Goring and found out that “Tall thin men
tend to commit forgery and fraud, undersized men are thieves and burglars, short heavy person
commit assault, rape and other sex crimes, where as mediocre (average) physique flounder around
among other crimes.

He also contented that criminals are originally inferior and, that crime is the result of the impact
of environment.

4. Adolphe Quetelet (1786 – 1954)

Quetelet was a Belgian Statistician who pioneered Cartography and the Cartographical School of
Criminology that placed emphasis on social statistics. He discovered, basing on his research that
crimes against person’s increased during summer and crimes against property tends to increase during
winter.

WHY PERSON COMMITS CRIME

A human being is co-terminus with his own personality or characteristics traits, including the
conditions in the environment in which he lives. He cannot live alone by himself. He is one way or the
other, intimately connected with his own personality. All his activities must have some boiling points,
so to speak, that germinate some situations and circumstances within the society, community, family,
friends, and himself. It is just comparable to a saying: “ It Takes Two to Tango, It Takes to Argue.

Consequently, his biological conditions: his personality; immediate environment- bad

neighborhood, family relations and parent care (primary social groups); Governmental Institutions-
penal system, law enforcement, prosecution and courts, including economic and cultural conditions,
could be the contributing factors to crime.

They are somehow man’s propellants to criminal behavior. Be this as it may, all persons have
criminalistic tendencies, but only the anti-social behavior within him is dormant, that is, not in active
process. It may be activated only if that propellant degree of internal or external elements, or a
combination of both, ignites him to do so.

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 Therefore, there is no such a single and only explanation of causes of crime. There are rather
multiple factors- social forces and environmental, that somehow motivates man to commit a crime.
These Multiple Factors could be grouped into eight (8) explanations namely:

Biological
Personality
Primary Social Groups
Broader Social Groups
Economic causes
Physical and Developmental causes
Geographical causes
Political causes

A. BIOLOGICAL

This approach is from the point of view of physiological organism. This specifically refers to (1)
Heredity (2) Endocrine glands or constitutional elements of the body with certain personality disorder,
and (3) anatomical structure or physical disease or disorder. Among the multiple factors that
contribute to the development of abnormal or anti-social behavior, the biological factors play a vital
role. Biological explanations of criminality assume that individuals vary in behavior because of their
biological structural differences.

1.) Heredity

Heredity according to some criminologist is one main causes of crime. This view is no longer
regarded as scientific but there can be no doubt that lineage and descent have some influence upon
crime. Early sexual maturity, mental defects and nervous instability etc. are abnormalities an individual
inherits, which help in making him a criminal. In a study, in Chicago, Healy went into the family history
of 668 out of 1000 juvenile delinquents and found that in all 245 of the families were afflicted by one
or another mental defect. In 125 cases their ancestors were also found to be criminals.1 percent of
823 families, which were sampled, were found to be suffering from some affliction. Bit these statistics
show the influence of environment at the same time as they indicate the effect of heredity. Some
people become criminals due to psychoses. In this way people indulge in criminal activity in order to
make up for mental and physical shortcomings. Elliott and Merrill express this by saying that his
criminal tendency may be the reaction aiming at remedying shortcomings.

Besides physical defects, factors concerning physical development may also be causes of crime.
As a general rule it can be said that it is between the ages of 17 to 24 that the greatest number of
crimes are committee. In old age rape and other sexual crimes increase in number. Young men
usually commit murderous crimes. Embezzlement, fraud, vagrancy, alcoholic excesses and murder,
etc. are peculiar to middle age. Girls who mature early are more prone to become involved in
clandestine affair. In adolescence the aggressive tendency grows.

Taft cited in his book that heredity is one of the factor or cause of crime. Heredity as a
biological endowment or a gift of nature; inherent talent, ability or quality, and be transmitted from
parent to there children or offspring. The existence of genetic factors views the belief that biological
inheritance of crime is based on the following assumptions:

First. Is that criminal act itself is inherited under he view. It is noted that there must be some
direct connection between biological structure and the behavior that is assumed to be inherited such as
for instance of mental illness- schizophrenia and manic depression can be transmitted from the parents
of their children.

Second. A Schizophrenic person possesses a tense and over sensitive temperament while a
person suffering from manic phase of the manic depressive psychosis is easily irritated and angered
and becomes abusive whenever his desires are blocked.

When such persons are exposed to certain exciting elements from his surrounding or
environment, it may push him to flare up and provoke.

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 But contrary to it, West explains in his book that heredity has nothing to do with crime because
according to him. “One is born to be a killer, robber or rapist.” He further explained that criminal
behavior is produced by faulty child rearing rather than inheritance.

2. Endocrine Gland or Constitutional Elements of the body with certain Personality

Disorder.

Endocrine gland designating, or of any gland producing one or more internal secretions are
introduced directly into the bloodstream and carried to other parts of the body whose functions they
regulate or control(Webster”s New World Dictionary). Examples of this kind of Biological Theory are
neurosis and psychosis.
Neurosis may be a kind of the mental functional disorders characterized by anxiety, compulsion,
phobia, depression, disassociation etc. On the other hand, psychosis is a major mental disorder in
which personality is very seriously disorganized and contact with reality is usually impaired. Psychoses
(plural) are to two sorts, namely: a) Functional which is characterized by a pathological organic
condition such as brain damage or disease or metabolic disorder, etc.

The following are some of the common types of insanity:

1. Dementia praecox
2. Manic depressive (characterized by mania and mental depression)
3. Paralysis(condition of helpless, inactivity or inability to act)
4. Senile (mental deterioration often accompanying old age and
5. Alcoholic psychosis

This type belongs to compulsive criminals. It includes persons who easily flare up (biglang nag-
iinit ang ulo) and those who react to stress with obfuscation (biglang nagdidilim ang paningin). Hence,
their possible significance as contributing factors to abnormal behavior cannot be discounted.

3. Anatomical Structure or Physical Disease or Disorder

This explanation or type of Biological factor of criminality assumes that individuals vary in
behavior because their biological structure differs. An early example was known as “ physiognomy” or
art of discovering character by observation and measurement of outward appearances especially the
face. John Gaspar Lobater, a Swiss Theologian, regarded the lack of beard in man, the shifty eye and
weak, serve as clues to unfavorable personality or characteristics traits of an individual. Similarly,
phrenology or any of the protuberances of the skull as interpreted with reference to one mental
faculties (pseudonomy science), as popularized by Franz Joseph Gall assumed that the exterior of the
skull would show the relative development of such faculties as conjugality, friendliness, self-esteem,
firmness, sexual passion, love of children, and so on. Bumps, showing high development of sexual
passion, combativeness and similar lower proportions are supposed to reveal criminalistic tendencies.

B. PERSONALITY

The Approach from the point of view of personality is very similar to the biological theory and
cannot be sharply differentiated from it. Accordingly, one psycho-analyst maintains that,
feeblemindedness caused crime for the reason that a feebleminded individual is unable to appreciate
the meaning of law or to unforeseen the consequences of his act. Another psycho-analyst states that
crime is caused by a lack of balance between intellectual and emotional capacities. Still others explain
crime as one while some others attribute crime to inferiority. However, that inferior mentality is
neither the specific cause nor outstanding factor in crime delinquency. Accordingly, although a higher
percentage of delinquent children come from the ranks of mentally defective, particularly from those
of borderline intelligence, it is not the mental deficiency per se but the inability of the said child to
make adequate school, or social adjustment that usually result in his delinquent act.

1. Psychopathic Personality

The terms “psychopathic personality” and “constitutional psychopathic inferiority” are used with
little or no differentiation in reference to persons who are regarded as emotionally abnormal, but who
do not manifest that breaks with reality that characterize psychosis.

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 A psychopathic person is one whose behavior is largely amoral and asocial and who is
characterized by irresponsibility lack of remorse or shame, perverse or impulsive (often criminal)
behavior, and other serious personality defects, generally without psychotic attacks or symptoms.

2. Psychosomatic Personality

Psychosomatic designating is the physical disorder or the boy originating in, or aggravated by
the psychic or emotional processes of the individual. Accordingly, psychosomatic condition, being an
expression of both bodily and psychological maladjustment, is the result of a faulty development
reaction which has taken the place at an early stage in the life of a person and which is related to a
deformation of his character. Returning to the relationship between psychosomatic disturbance and
anti- social and criminal behavior, one can say that their mutual origin is to be found in the person’s
character. When disturbances of bodily or emotional function or behavior occur, they are related to
the disturbance character of the individual. Otherwise stated, when a person commits crime, both
psychological and physical factors intermingle.

3. Alcoholism

Alcoholism is significant to the study of criminology inn two respects:

First. It may be a crime in itself or may be directly related to a violation of certain laws, such as being
an element or ingredient to either mitigating or aggravating circumstances in the commission of a
crime.

Second. It may indirectly contribute to the violation of other laws, such as rape, vagrancy, assault and
many more.

In certain cases or areas, it is known that when a person or when people become intoxicated, they are
almost certain to start fights, jeopardize peace and order, and to some extent result in the commission
of crime. On the other hand, many psychiatrists in making classifications of psychopathic interpret
alcoholism as a form of an abnormal method of escaping from reality, or as dosage of temporary relief
of personal problems.

C. ENVIRONMENTAL: PRIMARY SOCIAL GROUPS

This general class of theories attributes criminality to factors like neighborhood, broken homes
and other family patterns, parental neglect and the like.

1) The Home

The home has well been called the “cradle of human personality” for in it, the child forms
fundamental attitudes and habits that endure throughout the life. In fact, the kind of conscience that a
child develops depends largely upon the kind of parents that he has. They are persons who give the
child love, attention, guidance, security, standards, and all other things that he needs. If they are kind,
loving, honest, sincere, and stable, he comes to regard people as friendly, understanding, dependable,
loyal, worthy of his respect and admiration. If however, they are cold, despairing, rejecting, neglectful,
or cruel, he learns to distrust, to dislike, or even to hate people. Children are the mirrors of the family
about hem, and they persistently reflect what they learn in it. Thus, the home can be a potent force to
either good or evil, for either law abiding, or for crime and delinquency. Given a good home, the child
tends to become a good citizen.

Psychologist is coming to realize more that the kind of person one depends to a large extent on
one’s early life. Infancy and early childhood are periods during which fundamentals habits of living are
learned, attitudes are formed and meaning to things and life situations are given. It is the period that
sets the pace and gives direction to life. Each act, each experience contributes much or little to the life
one is building, whether it is a life of respectability and honor, or one of delinquency and crime. Life is
a path that we thread on the home in which it originates and with which it is associated during the
early life of the individual.

2) Bad Neighborhood

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 When we speak of bad neighborhood, we are referring to areas or places in which dwellings or
housing condition are dilapidated, unsanitary, unhealthy, which are therefore, detrimental to the
morale, health, and safety of the populace. Bad neighborhood is certainly overcrowded with houses of
light materials and each house is overcrowded with two or three families. It is characterize as
distinctive areas of anonymity of disintegrated an disorganized inhabitants and other close relatives.
Most if not all of the inhabitants have said stories about economic difficulties, alcoholism, substances
abuse, gambling and many other problems in life they have had experience of Bad neighborhood also
connotes as the hangouts of bad elements of society by reason of anonymity, and at the same time,
conducting practical training of techniques of their various criminal activities, to the youth and young
adults within their neighborhood. Bad elements of the society prefer to dwell in such community not
only because of the sense of anonymity among its members and inhabitants, but also because they are
not welcome in the decent places. And thusly, they feel within themselves as outcasts in decent places
and are apprehensive that their presence will be reported to the police.

3) Broken Home

Broken Home suggest legal separation, de facto separation between parents or natural
separation, that is, either due to death of the other or just physical absence due to nature of the work
of the other parent, including lack of interest on the part of the present parent in the welfare of the
children. Many of the problematic children, if not juvenile delinquents have found to come from broken
homes. But it does not necessary mean that broken home is the only and single cause of juvenile
delinquency. Many responsible youth and young adults have reached the hall of fame, so to speak, in
their own rights, in spite of being the product of broken home. Nevertheless, broken home could
trigger the problems in juvenile delinquency and criminality. Most juvenile delinquents are ill advised, if
not misguided young citizens of the community. Who are native and innocent to face their problems in
life of not their irresponsible parents are muddled with drunkenness, economic difficulties, and
ineffective household management. Hence, their families are not concerned about their welfare. They
are left to themselves as if they have no parents to turn in case of needs and problems, they have
nobody to turn to except their peers, who are willing to listen and hare their problems.

With the foregoing situations, communication gap and disrespect among parents and other
members of the family will result in delinquency, which is divided into different classes, to with:

a) Environmental delinquents - Which is characterized by being occasional lawbreakers; and

b) Emotionally maladjusted delinquents - who are considered, as habitual law becomes
delinquents to mental illness coupled with serious emotional disturbance in the family.

D. ENVIRONMENTAL BROADER SOCIAL PROCESS

This theory maintains that institutions like schools, church, Government, particularly the police,
prosecution, courts and correctional institutions, one way or the other, are attributes to criminality.
This theory includes also the adverse economic due to catastrophe and manmade disasters.

1) School

The school is in a strategic position to prevent crime and delinquency. In fact, this is only
institution, which is in a better position to mold a child to become a law abiding and useful member of
the society. The school exercises its authority over every child who is of school age. It receives him
when he is young, observes, supervises and teaches him for many hours each week during some of his
most impressionable years, has an excellent opportunity to influences his attitudes and behavior, has
the support of public opinion and the law in its work, and enjoys the confidence and trust of almost all
parents. Thus, it can well serve as the spearhead in an over-all attack against crime and delinquency.

The school has four- fold responsibility ant they are:

First, it should plan an adequate school program that fits the needs of all children and results
in their wholesome growth and development. To accomplish this, it should:
a. Devote its energies to the study of the individual pupil
b. Make a continuous study of every child using all the available scientific means and devise for
analyzing individual differences

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 c. Take these individual differences into consideration and attempt to provide each child with the
kind and the amount of education he needs
d. Hold failures among pupils to a minimum(although not at the price of indiscriminate promotion)
so as to prevent the feeling of insecurity and rejection, which can contribute directly to
maladjustment
e. Set up its aims and objectives in terms of desired changes in behavior so that the pupil will
develop into well- integrated and useful citizen.

Second, the school identifies those children who show signs of being susceptible to delinquent
patterns of behavior and take proper preventive or remedial measures to insure better adjustments.
All members of the administration, including academic and non-academic personnel should be alert to
tell tale signs of a beginning delinquency. The teacher should not be expected to be a psychiatrist, or
caseworker, but he should be trained to recognize the symptoms of personality problems. In their
classes, teachers should be sensitive to the needs of the children who are surrounded with frustrating
situations as economic need, broken homes, inadequate family relationships, limited academic abilities
and family mobility. They should be particularly observant of children who play truant, lie, cheat,
destroy property, membership in any fraternity or gangs or appear sullen, reclusive or unhappy.

Third, the school works closely with parents and neighborhood leaders to assist them in better
understanding to of the individual child to help them remove neighborhood influences that are inimical
to child welfare. In doing this, the school should not attempt to take the place of the home and all the
character building and welfare agencies in the community, but rather it should seek to strengthen and
reinforce them. When it discovers that children are being subjected to harmful influence, it should call
the attention of the proper school authorities and then join with others agencies in the community, but
rather it should seek to strengthen and reinforce them. When it discovers that children are being
subjected to harmful influences, it should call the attention of the [roper school authorities and then
join with other agencies in providing more interesting and attractive substitutes in which children are
immersed.

Fourth, the school should cooperate with all other community agencies and organizations, such
as churches, child guidance clinics, family societies, juvenile control agencies and welfare associations,
in a coordinated plan to meet the needs of the child in the most effective and constructive way. Only if
this is done can the community and the nation expect to effect a substantial reduction in crime and
delinquency.

In a survey made secondary school students of the qualities, which they disliked, in their least-
liked teachers, the following defects of teachers were found to be causative of their dislike for school.

a) Too crops, crabby, grouchy, never smiles, nagging, sarcastic and temperamental;
b) Not helpful with schoolwork, does not explain lessons and assignments, not clear, work
not planned;
c) Partial has “pets” or favored students and picks a certain students;
d) Superior, aloof, haughty, snooty, over-bearing, does not know you out of class;
e) Unreasonable, intolerant, ill-mannered, too strict, makes life miserable;
f) Unfair in grading, unfair in tests and examinations;
g) Inconsiderate of pupil’s feelings, bowls out pupils in the presence of classmate, pupils
are afraid and ill at case and dread class;
h) Not interested in pupils and does not understanding them;
i) Unreasonable assignment and homework; and homework; and
j) Too lose in discipline, lacks control of class, and does not command respect.

Conditions like the above make the students’ experience in school result in frustration,
inadequacy, insecurity and confusion and the escape are naturally truancy which has been called the
“kindergarten of crime”. It is necessary, therefore that for schools to become effective, teachers must
be well linked and that the policies of education should be for the students has been lost or destroyed,
should be substituted for others with more effective personalities. Next to parents stand as foremost in
their influence to human behavior.

2) The Church

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 Religion, with its emphasis on moral and life’s highest spiritual values, the worth and dignity of the
individual, and respect for the person and property of others, generates powerful forces in opposition
to crime delinquency. Here, we are concerned with the specific steps that the church can take to
prevent these problems; some of these steps are outlined as follows:

a. The church should cooperate closely with the police, social welfare workers, school
officials, mental hygiene clinics correctional institutions, and other agencies dealing with
problem children, delinquents, or criminals;
b. It should provide official representatives to serve as qualified counselors in courts, and
other agencies dealing with delinquents or criminals;
c. It should present a united front in attacking the forces that are detrimental to family life
and general morality and in promoting proper law enforcement, adequate regulations of
commercial institutions;
d. It should strive to give religion a more dignified and influential position in the program
of correctional institutions;
e. It should be constantly engaged in finding ways and means of putting its religious
teaching into practice;
f. It should offer educational programs designed to prepare people for marriage and family
life and to assist parents in the handling of their family problems.

Family religion is expressed not only in what the family lives for, but also in the quality of
relationship maintained between members of the family and the larger world of human society. If love,
understanding and self-giving characterize the family circle and lead the family beyond itself into
altruistic service to help meet needs of humanity. Christianity will not be difficult for tits children to
understand or accept. Furthermore, the anger, negativism, explosiveness, ego centeredness and
maladjustment, which characterize so many delinquents today, will have little occasion to develop.

3) The Police

A police agency like the Philippines National Police that vigorously and efficiently enforce the
law, operates as definite deterrent to the prevention of these problems.

The police are in the better position to draw up special programs for the prevention and control
of crime and juvenile delinquency, for the following reasons:

a. They have the best national statistics on the extent, scope, fluctuation, and rend of crime and
delinquency;
b. Although undermanned, the police have more manpower than any other agency interested in
these problems;
c. The police are the best informed regarding the modus operandi of criminal and delinquents;
d. The police are regularly on 24 hours of duty;
e. Often the police are the first to learn about crime and delinquency;
f. The police usually have the first contact with the juvenile delinquents and often with the pre-
delinquent juvenile;
g. The police usually have the most clearly defined legal power and authority to take action;
h. Usually the police are the ones who have the authority to apprehend adults engaged in the
exploitation of youth;
i. The police have access to records, which are not open to representatives of private and
unauthorized agencies;
j. Often other agencies in order to carry out their functions require the assistance of the police;
and
k. The police are the best equipped to detect and identify individual and most of the conditions
contributing to Juvenile delinquency.

A police prevention program should be based upon the recognition that they must give first
consideration to the protection of society and secondary consideration to the protection of the
individual. Such a program should include at least the following elements:
1. The patrol and inspection of republic places – liquor establishments, bars and disco
pubs, playgrounds, including vacant lots and other places where the youth may congregate
and become subject of unwholesome influence. The primary purpose of patrol and inspection
include by not limited to the following activities:

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 a) To eradicate unwholesome influence; to lessen the opportunity for misconduct
by the presence of the police; to enforce regulations and to apprehend persons
contributing to the delinquency of juveniles;
b) To discover persons in need of correctives of juveniles;
c) To assist in the supervision of problem children being dealt with by the police;
and
d) To discover the need of prevention activities.

2. The investigation of situations to ascertain the facts that are essential to detection,
diagnosis, treatment of criminals and delinquents; The participation of the police in broader
community program of crime and delinquency prevention. Some authorities on police believe
that the police should do more that this and actually assume a position of leadership in the
development of community councils.

3. City or Municipal Police Department should organize its own Juvenile Delinquency
Control Bureau which will handle such cases involving parental neglect, sex offenses,
possession or sale of obscene literature or pictures, and crimes involving juveniles. Likewise,
policewomen should be assigned to cases involving women and children. The personnel of the
Juvenile Delinquency Bureau should get toward the prevention and control of delinquency and
cooperate in all or any community activities related to their functions and responsibilities.

4) The Government

The government is the organized authority that enforces the laws of the land and one of the
most powerful in the control of the people. Respect for the government is influenced by the respect of
the people running the government. When people see that public employees of the government are
first ones who violate the law, and refuse to obey it, they set a bad example for others to follow and
create an atmosphere, which is conducive to crime and disrespect to the law. The pattern of conduct
set by the government officials themselves fail to comply with their duties, and disrespect for the law.
The pattern of conduct set by the government officials themselves fail to comply with their duties, and
then they commit crimes and engage in graft and corruption. They weaken the very foundation of the
government and contribute to the spread of crime and delinquency. A government to be truly
responsible to the needs of the people must be able to combat crime and delinquency and maintain
peace and order. When the government is inefficient and corrupt, not only does it suffer from gross
disrespect, but also it suffers from non-cooperation from the people. In this regard, the government
indirectly sanctions crime itself.

5) The Prosecution

The general rule is that, in the filing of information, the fiscal does not need the previous filing
of a complaint by the offended party. This acknowledged authority of the prosecutor to institute and
maintain a criminal action carries with it to disregard the intervention of the private persons who any
have been directly injured by the commission of an offense. Of course, one exception to the general
rule is I the case of a private offense like rape, which cannot be prosecuted by the prosecutor without
filing first of the complaint first by the offended party.

Consequently, if the investigation fiscal finds cause to hold the accused or suspect for trial, he
shall prepare the corresponding information to be files with the court. He shall certify under oath that
he has examined the complainant and his witnesses; that there is reasonable ground to believe that
the crime has been committed and that informed of the complaint and of the evidences submitted
against him and that he has been given an opportunity to submit controvert evidence. Otherwise, he
shall dismiss the complaint, stating the reasons therefore. Be this as it may, the investigating fiscal
cannot out rightly file a complaint or information, or dismiss the same without prior written authority or
approval of the Provincial or City Prosecutor or Chief State Prosecutor.

With the foregoing requirements under the 1985 Revised Rules on Criminal Procedure; any
fiscal/Prosecutor investigating a criminal case has a wider spectrum of discretionary power to prosecute
the assigned case before him. The court may not interfere with the control of the fiscal over the case.
It is not prudent and permissible for a court to compel the fiscal to prosecute a proceeding initiated by
him, if he finds that the evidence relied upon him is insufficient for conviction. A judge through a court

21
order, cannot even compel a fiscal to file particular criminal information, hence an action for
mandamus to compel the fiscal to file such action/information is not the proper remedy.

However, should the latter refuse without any valid excuse to file information, the information,
the offended party has the following remedies available:
a. He may lodge a new complaint against the offender, either before the
Municipal Trial Court having jurisdiction over the case, or with the provincial Prosecutor and
have a new examination conducted as required by law;
b. He may file a petition for review with the Department of Justice; or
c. He may institute administrative charges against the erring prosecutor.

The foregoing changes under the 1985 Rules on Criminal Procedure were made due to the
reported graft and corruption allegedly committed by some fiscals then under the rules of court, In the
filling of information and prosecution of criminal cases, to the extent that the term “Fiscal” is now
renamed “Prosecutor,” in order to erase the abused term of “Fixcals” or fiscals. But then, experience
will tell us that another human being either in cash or in kind, can always fan the Prosecutor, a human
being at that, temptation, too. The wider latitude of discretion on the part of the investigation
prosecutor to file an information or not, is apparently another venue of possible corruption for him to
engage in, either thru connivance with his superior prosecutor, or thru other whims and caprices. This
is another loophole in the machinery of justice that would certainly affect the purpose and intent of the
Criminal Justice System. This is particularly true to a poor complaint against a well-off
accused/suspect, by simple influencing the prosecutor to dismiss the case against him, in the guise of
lack of evidence. The political society and its machinery of justice would certainly lose the credibility,
thusly resulting in disrespect of our government and its officials.

6) The Court

The prevention of crime and delinquency is the concern of all, the involvement of everybody,
and the responsibility of all branches of the government. Court can contribute substantially towards
the realization of this responsibility.

The court functions as a court of law and not as power organ. The solemn oath commitment of
those who man the court is to defend the Constitution and the law. The role of court therefore, may
more or less be circumscribed within this context in connection with crime prevention. Accordingly, the
courts apply the law and do not make the law, as being the job or function of the legislature, and the
interpreting or applying the law, as being the function of the courts, becomes a little blurred; and the
courts in fact make the law. On the other hand, what the law grants, the court cannot deny. Thus,
the court has to give life, meaning and substance to the bill of rights, on the equal protection clause,
unreasonable searches and seizures, issuance of search warrant and warrant of arrest, privacy of
commutation and correspondence, admissibility of evidence obtained in violation of the privacy of
communication and correspondence, non-imprisonment for debt, involuntary servitude, presumption of
innocence, excessive fines and penalties, and double jeopardy. These constitutional rights are given
life, meaning and substance by the court, then there will be less accused who will remain in hiding, or
will jump bail, or will escape prison bars. They may voluntary come to court, submit themselves to its
jurisdiction and willingly abide by its decision.
7) Correctional Institutions

Correctional Institutions are considered as the weakest pillar among the components of the
Philippines, correctional institution are generally thought of as limited to jails and prisons. This is so
because in our system of criminal justice, imprisonment is the most commonly used method of method
of dealing meting out penalties for convicted offenders except in certain cases where a fine may be
imposed.

In a survey conducted among prisoners in the National Bilibid Prisons, There are prisoners who
prefer to stay in prison walls rather than be released from it. The most common reason is that they
are entitled to three (3) square meals in prison, and properly secured by the presence of prison
guards; and if they will back as members of their own clan, such that they are apprehensive that no
one can provide them food during their adjustment period in a free community and the likelihood that
they will be forced to live in their own criminal world where they are welcome by their own peers who
used to be inmates of the prison walls.

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 Another reason why the correctional institutions are the weakest pillar of the Criminal Justice
System, is the fact that authorities lack the necessary coordination with the free community in doing
away the pre-requisite of Police Clearance for purposes of employment therein, including as well the
absence of job placement for former prisoners as part of their rehabilitation and adjustment period in
the free world.

E. ECONOMIC CAUSES

The main economic causes of crime are the following:

1) Poverty

Poverty is a major cause of crime, since a hungry man can do literally anything in order to
appease his hunger. Dr. Haikerwall has investigated that in the period 1921-1927 thefts increased in
number when the prices of wheat went up, and decreased when wheat prices fell. It was found in
the course of a study that one a major cause of prostitution is poverty. Poor girls are easily enticed
by men who violate them, take away their virginity and put them on the market. One even comes
across news of suicides and murders of families due to poverty.

2) Unemployment

Many young men commit suicides when extreme poverty and continued unemployment
frustrate them. Among the people who are seen creating disturbances, causing violence, etc, the
majority is the unemployed. Most gangsters do no work. Gangsters are their only occupation.

3) Industrialization

Industrialization is also an important cause of crime. It has destroyed the family life of millions
of laborers. They work very hard for eight to ten hours in the day during which they have to suffer
many indecencies and for this they have to live in towns far away from their families. Continued
existence of this type leads them to indulge in drinking alcohol and in prostitutions are important
industrial towns which at the same time, foster crimes such as murder, assault disturbance, robbery,
etc. Industrialization has encouraged crime also due to another reason. Housing becomes a problem
in an industrial town when the population increases beyond limits. In some town thousands of
families live in houses having no more than one room each. In such conditions the married women
have no privacy and children and unmarried members witness happenings, which they should not
see. This has a bad influence upon them and sex crimes increase among them. Sex crime increases
tendencies to other crimes, which then take place. In industrial towns many thousands of laborers
and men otherwise are compelled to live alone and this tends to split the ratio of men and women,
which consequently encourages sex crimes. Many girls from rural areas are deceived with promises
of employment and brought to towns where they are forced to adopt prostitution.

4) Urbanization

Urbanization is the result of industrialization and other causes. Hence all those crimes caused
by industrialization are also caused by urbanization. In cities the society fails to exercise to exercise
control over the individual who looses his identity in the mob after having committed a crime. In
towns there are better opportunities for picking pockets and practicing deception in a crowd. There
is absence of healthy recreation in the town and hence the crimes are crowded. Gambling dens,
indecent theaters and wine shops provide means of spurious recreation. This encourages crime.

F. PHYSICAL AND DEVELOPMENTAL CAUSES

Physical defects also make a criminal because due to deformities he lags behind his fellow
beings in many activities and it is in order to remove this difference that he turns to crime. Criminals
have usually been found to be extreme ugly. On examining prisoners in the Parkhurst prison, Charles
Goring found most of them to be inferior, from the causative of crime, as are physical defects. Among
them feeble-mindedness has particularly been found to be a caused of crime. The percentage of

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feeble-mindedness criminals among 948 criminals who had committed crimes of various sorts and were
studied by Goring was as follows---

Gillin calculated that 12 percent of all prisoners are affected with mental diseases. Besides
feeble mindedness, individuals are also led to crime by epilepsy and emotional disturbances. Of the
1000 young men in Chicago who had repeated their crimes, seven percent were affected with epilepsy.
The reason why crimes originate in physical and mental afflictions is such people are the objects of
social derision and mockery because of their impeded and disease hampered progress, and this social
degradation spurs them to engage in anti-social activities. A person, who, being very ugly fails to win
a woman’s love tries to gain ascendancy over her by the power of money, which he amasses by
illegitimate means or by sheet dint of physical power and rapacious activity.

G. GEOGRAPHICAL CAUSES

Many geographical causes also stimulate crime. According to Lombroso who has collected
evidence and shown that crimes of rape are more common in plains than in the mountains or plateaus.
In Italy where malaria is to be found in excess of every other disease, the crimes most common are
those that are against the individual. According to some criminologist, in hot countries there are more
crimes against person while in cold countries more crimes are committed against property.
Lacassagne had formulated a calendar on the basis of seasonal fluctuations in crime. According to
this greatest numbers of cases of infanticide take place n January, February, March and April, of
homicide and fatal assaults in July, of patricide in January and October, of rape upon minors in May,
July, August, and most of all December of rape young women in June and January. All criminologists
do not agree to such a view of the influences of seasons and climates which they influence human
relationships and tendency.

H. POLITICAL CAUSES

Many political causes also encourage crime. Now a days, many criminals go Scot free with
prepared legal advice because there is opportunity to prove truth false and false hood true. This
encourages them to engage in further criminal activity.

ANATOMY OF CRIME

For a crime to happen, there are three element or ingredients that must be present at the same
time and place. These are the Motive, the Instrumentality and the Opportunity. The Motive refers to
the reason or cause why a person or group of persons will perpetuate a crime. Examples are dispute,
economic gain jealousy, revenge, insanity, thrill, intoxication, drug addiction and many others.

1. INSTRUMENTALITY

It is the means one implements in the commission of the crime? It could be a firearm, a bolo, a
fan knife, and ice pick, poison or obnoxious substances, a crow bar, a battery- operated hand drill for
car napping, motor vehicle, etc. Both the motive and the Instrumentality belong to and are harbored
and wielded respectively by the criminal.

2. OPPORTUNITY

Consist of acts or commission by a person (victim), which enables another person or, group of
persons (criminals) to operate the crime. Examples include leaving ones home crime prone alley,

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wearing expensive jewelry in slum area, and readily admitting a stranger into one’s residence and the
like.

Opportunity is synonymous with carelessness, acts of indiscretion and lack of crime prevention-
consciousness on the part of the victim.

3. MOTIVE

Pertains to the reason or cause why person or group of persons will perpetrate a crime.

Whether a crime incident would happen or not, it will depend on the presence and merging of
Motive, Instrumentality and opportunity at the same time and the same place. The absence of any one
ingredient out of the three will mean that there shall be no crime. The most that could happen is an
accident arising out of reckless imprudence, since there is no motive. A freak crime incident shall occur
when all three elements are present and merged at the same time and the place; but the victim is not
the intended one, due to mistaken identity.

ANATOMY AND BREEDING GROUND OF CRIMINALITY (Cause of Crime)

Influencing and interacting with these three ingredients of crime is the environment. It
encompasses the entire society and its milieu. For purposes of crime prevention and control, the
relevant factors or elements in the Environment that impinge on crime could be classified into
Exogenous and Indigenous Variables. Exogenous Variables are those elements in the environment that
are beyond the control of or cannot be changed by man, such as weather, time, season, terrain, etc.

They also effect and interact with crime. However, they will be treated merely as assumptions
or givens in the anti-crime campaign, since they are beyond the control or influence of man. Below is
the Breeding ground of Criminality.

Explanation of Breeding Ground of Criminality

Indigenous Variables refer to the factors or elements in the environment that can be
changed by man. These are of utmost importance of crime prevention and control, because by
changing or influencing them, crime is changed or influence also in the desired manner or direction.
Among others, the Indigenous Variables that have the most impact and serve as the Breeding Grounds
of crime, are the following:

1. POVERTY

The problem of massive can be singled out as the primary Breeding Ground or root-cause of
crime in all underdeveloped countries, including the Philippines. This is characterized by the
widespread unemployment, underemployment, low income and productivity, malnutrition, big families
and rapid population growth rates, low standard of living and the like.

There are so many out-of-school youth. Unemployed college graduates, underemployed

professionals such as teachers serving as domestic helpers abroad.

Because of poverty and its concomitant deprivations and hardships, many become desperate
and are forced by circumstances to resort to crime, just so, they could alleviate or escape their miseries
and frustration.

Examples:
a) Carabao loggers
b) Jueting bet collectors
c) Parents who sell their children to pedophiles
d) A father who resorts to robbery just so he could buy medicines for his sick son, and
many more.

2. IGNORANCE

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 This factor is widespread among our people, who lack knowledge and understanding about
many things, which they should and are presumed to know as citizens. Majority of our population does
not know many of our laws and their repercussions on themselves once they commit violations thereof.
They do not know many of their rights, the due process of law and many other related matters. In
fact, many of our hapless folks do not know what democracy is all about and how many can make it
work. This results to a “crisis” of citizenship characterize by widespread apathy, indifference, “spoon
feeding” syndrome, lack of discipline and self-restrain, and the like.

This factor affects both the criminal and victims alike in many ways. Because of scanty legal
background and unaware of its repercussions, many criminals especially the first offenders, readily
perpetrated crime based on mistaken notion and belief. Many become victims of crime because they
are not aware of its repercussions, may criminals, especially the first offenders, readily perpetrated
crimes based on mistaken notion and false belief. Many become victims of crime because they are not
aware of the modus operandi of crime syndicates and are not crime prevention-conscious.

3. INJUSTICE ABUSES

This factor in itself already constitutes several crimes by themselves. As if these were not
enough yet, such that they serve to spawn and breed more crime to happen as aftermath thereof.
These constitute the powerful motives for most of the crime against perpetrated either by the victims
or their loved ones as cases of revenge or vendetta. Worse yet, these could serve also a a way of
prompting vendetta or silencing the victims and/or their witnesses. The high propensity to avenge
injustices/abuses among Filipinos makes this factor abet crime in a very potent violent manner.

4. SOFT STATE

This pertains to a system of government characterized by non-enforcement of several laws and

ordinances, massive graft and corruption, absenteeism on the part of government officials, lack of
basic services and other ugly symptoms. These give rise to the lack of discipline and low regard for the
laws by the citizenry, giving rise to a chaotic situation that is prone to lawlessness and crime.

Illustrative examples are plenty. For monetary considerations or plain laziness, traffic
policemen or aides do not enforce traffic laws and ordinances. Consequently, driver, passengers, and
pedestrians alike violate traffic rules and regulations left and right. From minor violations, gradually
these offenders shall be committing more and more serious infractions of the laws, thereby abetting
crime.

On the other hand, massive graft and corruption drains the coffers of the government; which
further worsens the lack of basic services. Poor and very low administration of justice forces some
victims to put the laws into their hands. All these result to the poor credibility of the government,
which causes the lack of popular support. Due to lack of popular support, the government becomes
ineffective. All these also breed crime, one way or the other.

5. FEAR

This problem is so pervasive that it affects practically the entire society, whether rich or poor.
Various surveys show that about 50 percent of the people are afraid, not only while they are on the
streets; but also right inside their homes. Kidnapping for ransom, bank robbery/hold up, murders,
homicide, crime against chastity and other heinous crime instill so much fear among the citizenry.

Fear is an unseen force that breeds in many ways. Victims of kidnap for ransom, especially the
Chinese, are easily paralyzed into inaction y the kidnappers; such that they will give in to the demands
of kidnappers, including that of not reporting the incident to the police. Victims of crime and their
witnesses are easily threatened to keep silent and not to file charges and testify in court. Even when
not actually threatened, many victims and witnesses refuse to cooperate with the police in solving and
prosecuting crimes. As a result, many criminals go Scot-Free are emboldened to perpetrate more
crimes. As apply stated by Edmund Burke, “for evil to triumph, it needs only good men to do nothing,”
like victims and witnesses keeps quiet about crime.

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6. LOST FAMILY VALUES

Several family values that promote and nurture solidarity and love within the family have been
eroded and polluted by modernization. The Western culture is making widespread and deep-seated in-
roads into the Philippine society through modern communication and the mass media Filipino values
such as respect for and being obedient o parents could hardly discipline and keep their children at
home. The practice of eating and praying together has been practically set aside.
Lost family values loosened family ties, resulting in many broken homes or families. As children
are separated from their parents or reared by single parents, they go wayward and become misguided.
Many become addicted to prohibited drugs, unwed and/or separated parents and eventually become
criminals or victims or victims of crime.
7. OTHERS

There are many other Indigenous Variables/Breeding Grounds of crime. To cite a few,
noteworthy are the following: Movies that glorify criminals and show a lot of violence and lewd scenes
contribute to the rise of crime; Modern technology tends to increase the capabilities of crime
syndicates to perpetrate more crimes that are becoming more difficult to bust and/or solve;
Urbanization areas; and the like.

THE CRIMINAL FORMULA

In explaining the birth of criminal behavior, we must consider three factors:

1. Criminal tendency (T)
2. The total situation (S)
3. The person’s mental and emotional resistance to temptation (R)

T + S
C = ------------------
R

Where: C - Crime/ Criminal behavior (the act)

T - Criminal Tendency (desire/intent)
S - Total situation (opportunity)
R - Resistance to Temptation (control)

The formula shows that a person’s criminal tendency and his resistance to them may either
result in criminal act depending upon, which of them is stronger. This means that a crime or criminal
behavior exists when the person’s resistance is insufficient to withstand the pressure of his desire or
intent and the opportunity.

In understanding this, the environment factors such as stress and strains are considered
because they contribute in mobilizing a person’s criminal tendency and the individual’s psychological
state while resistance to temptation arises from the emotional, intellectual and social upbringing and is
either manifestation of strong or weak character.

DETERMINANTS OF BEHAVIOR

In order to understand and provided answers on the question “why do some people behave
criminally? It is important to study the determinants of behavior.

1.) Heredity - this refers to the genetic influences, those that are
explained by heredity, the characteristics of a person acquired from birth transferred
from one generation to another. It explains that certain emotional aggression, our
intelligence, ability and potentials and our physical appearance are inherited.

2.) Environmental factors - this refers to anything around the

person that influences his action.

Some environmental factors are:

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 a. Family background - it is a basic consideration because it is in
the family whereby an individual first experiences how to relate and
interact with another.
b. Childhood trauma - the experiences, which affect the feeling
of security of a child undergoing developmental processes. The
development processes are being blocked sometimes by parental
deprivation as a consequence of lack of adequate maturing at home
because of parental rejection, overprotection, restrictiveness, over
permissiveness, ad faulty discipline.

3.) Other factors:

a. Institutional influences such as peer groups, mass media, church, school, government
institutions and NGO’s.
b. Socio-cultural factors such as war and violence, group prejudice and discrimination, economic
and employment problems and other social changes.
c. Nutrition or the quality of food that a person intake is also factor that influences man to commit
crime because poverty is one of the main reasons to criminal behavior.

OTHER DETERMINANTS OF BEHAVIOR

Needs, Drives and Motivation

Needs - it is a biological requirement for well being of the individual. This need creates drive, a
psychological state of arousal that prompts someone to take action. Drive therefore is aroused state
that results form some biological needs.

The aroused condition motivates the person to remedy need. For example, If you have had no
water for some tine, the chemical balance of the body fluids is disturbed, creating biological need for
water. The psychological consequence of the need is a drive-thirst- that motivates you to find and
drink water. In other words, drives push people to satisfy needs.

Motivation on the other hand, refers to the influences that govern the initiation, direction,
intensity and persistence of behavior. Thus motivation refers to the causes and “why’s” of behavior as
required by a need.

The needs can be classified as biological or psychological needs.

Biological needs Motivational systems

Food Hunger- the body needs adequate supply of nutrients to function
effectively. “An empty stomach sometimes drives a person to
steal”.
Water Thirst- just like food, the body needs water.
Sex A powerful motivator but unlike food and water, sex is not vital
for survival but essential to the survival of species.
Pain Avoidance The need to avoid tissue damage is essential to the survival of the
organism. Pain will activate behavior to reduce discomfort.
Stimulus seeking Curiosity is most people and animal is motivated to explore the
environment even when the activity satisfies no bodily needs.

Psychological needs
Psychological needs are influenced primarily by the kind of society in which the individual is
raised. Psychological motives are those related to the individual happiness and well being, but not for
the survival, unlike the biological motives that focuses on basic needs.

FRUSTRATION, CONFLICT and ANXIETY

Frustration - refers to the unpleasant feelings that result from the blocking of motive satisfaction. It
is a form of stress, which results in tension. It is a feeling that is experienced when something
interferes with our hopes, wishes, plans and expectations.

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Common sources of frustration are:
1. Physical obstacles - are physical barriers or circumstances that prevent a person form doing
his plan or fulfilling his wishes.
2. Social circumstances - are restrictions or circumstances imposed by other people and the
customs and laws of society living.
3. Personal shortcoming - such as being handicapped by diseases, deafness, paralysis, which
serves as a barrier to the things one ought to do.
4. Conflicts between motives

Conflicts - refers to the simultaneous arousal of two or more incompatible motives resulting to
unpleasant emotions. It is a source of frustration because it is a threat to normal behavior.

Anxiety - is an intangible feeling that seems to evade any effort to resolve it. It is also called neurotic
fear. Anxiety disorders are commonly known as “neurotic fear”. When it is occasional but intense, it is
called “panic”. When it is mild but continuous, it is called “worry” which is usually accompanied by
physiological symptoms such as sustained muscular tension, increased blood pressure, and insomnia.

VICTIMOLOGY

It maybe defined as a branch of the study of criminology, which deals with the victimization of
crime.

The term “victim” embraces all those who experience injuries, losses or hardships due to any
and all causes. There are accident victims, cancer victims, flood victims, and victims of discrimination
among others. Crime victims are persons or entities that suffer because of illegal acts. Direct victims
experience the act or its consequences first hand. Indirect victims share the suffering and losses but
were not immediately involved or harmed.

The following are factors of victimization:

1) Materialistic Culture
In this era of Materialism, money always been looked upon as the supreme goal of life to many
people. Money and the things money can buy seem to be the strongest motivation for the existence
and the efforts of the individuals. In the field of politics, business, education, international affairs, as
well as in the profession, the love for money seems to be the overpowering consideration in the actions
and doings of those who are engaged in it.

2) Our Sex values

Nowadays, sexy woman is considered by a lot of people a very attractive human being. Many
people look upon her as an object and the personification of beauty. She is admired sought after and
adored, consequently, anything connected with sex has become desirable, popular and socially
approved. Because of perverted concept, there exist in our levels of society.

3) Decay of Discipline

There is a consensus that today a general decay exists on this country, both in the individual
and national level. Evidence of undisciplined rebellion to ethical rules is very noticeable in private as
well as in the public places. Hostility to laws, customs and traditions are very patent concept of liberty
that “a person may do whatever he pleases’ are contributing immensely to the breakdown of discipline.
The youth today seem to revolt against anything that restraints the expression of their ego and their
emotions.

4) Public Morality
The state of public morality of a nation is reflected usually in what the people approve or
disapprove. When the people fail to condemn a morality reprehensive act, they indirectly approve the
act. When society fails to protest against a bad situation, then it condones the situation. When it fails
to correct a mistake, it indirectly perpetuates the mistakes. In our society today, there are many evil
acts where the people do not seem to react with moral indignation. They do not rebel against the bad
practice, but instead seem to conform and approved silently to it. The problem of graft and corruption
would not be as persistent as it is if only the people would show a collective indignation to both the

29
giver and the receiver. People who accumulate wealth thru shady practices are not discouraged in
their way because the public admire then for being smart and society admits their company because
they are rich. High government officials who keep paramours and parade them in public are not at all
ashamed because the public concedes it as a necessary evil. We live in a delinquent environment; no
wonder we have too much juvenile delinquency, because we have too much adult delinquency. J.
Edgar Hoover of the FBI once said the juvenile delinquency is a misnomer instead it should be parental
delinquency. George Bernard Shaw once said that in the old days he used to admire how children
obey their parents; today he is amazed how parents obey their children.

VICTIMOLOGY AND DAMAGES

It has been said that, “if there is complaint, there must be a defendant.” Thus, there could
never be a victim if there is no criminal, except in what is known as “victimless crime” And the only
thing that does away with criminality is decriminalization, otherwise known as “logomacy” a statement
that we have no crime if we had no criminal law, and that we could eliminate all crimes merely by
abolishing all criminal laws. Then if would be that way, people will follow their own desires at the
expenses of another, and the philosophy of “Come what may” will be the name of the game to
everyone. But as a rational human being, we cannot do away the so-called “social control”, as the
process to make its members play their roles as expected of them in a peaceful and stable society.

Man as a human being has a juridical capacity and capacity to act. He is normally entitled to the
following civil damages, if warranted:
1. Moral damages - or the compensation awarded to a person physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social
humiliation and similar injury;

2. Actual damages - are compensation awarded to a person for such pecuniary loss suffered
by him as he has duly proved;

3. Nominal damages - or amount awarded to a person to order that his right, which had been
violated or invaded, may be medicated or recognized;

4. Temperate or moderate damages - or the compensation which is more than nominal but
less than compensation damages awarded to a person when the court finds that he has
suffered some pecuniary loss, but its amount cannot from the nature of the case, be proved
with certainty;

5. Liquidated damages - or that agreed upon by the parties a contract, to be paid in case of
breach thereof ; and
6. Exemplary or corrective damages - or that imposed by way of examples or correction for
the public good, in addition to the moral, temperate, liquidated or compensatory damages.

Note: These civil damages enumerated above, are separate and distinct from the criminal liability
of the author of the crime, which can be imposed by the court only after conviction in a criminal
action or proceeding. The civil damages are not so absolute, that the awards are always subject to
the merits of the case and physical evidence presented before the court.

Nature of Damages

Underlying the legal principle that a person who is criminally liable is also civilly liable as viewed
that from the standpoint of its effects, a crime has dual character:
a) as an offense against the state because of the disturbance of the social order
b) as an offense against the private person inured by the crime unless it involves the crime of
treason, contempt espionage and others wherein no civil liability arises on the part of the
offender either because there are not damages to be compensated or there is no private
person injured by the crime.

THE IRONY OF BEING A VICTIM

Most often, the award to the victim of the crime committed is not compensation for what we he
had suffered. The irony is that, while he remains the sacrificial victim, the offender is benefited of the

30
wrong done. The offender is always the beneficiary of the government in terms of meal allowances,
and security provided by the prison guard while in jail. While the possible consequence of the death of
the victim is the disassociation and disorganization of the surviving family who, unexpectedly lost its
breadwinner, the government is and has been annually appropriating funds to feed and house
offenders, out of taxpayer’s income, yet the government has never appropriated any single amount for
the compensation of the victims and their dislocated and disorganized surviving families who, most of
them are taxpayers.

At a glance once can say that there is an urgent need of legislation to compensate victims of
some crimes, particularly the so-called “heinous crimes” if not all of those ad omissions punishable
under the Revised Penal Code and Special laws. If the government has been appropriating Millions of
Pesos, annually for criminal offenders, Why not “victim compensation” for at least those victims of
heinous crimes?

VICTIM PRECIPITATION

Victim precipitation means that the person who suffers eventual harm from a crime plays a
direct role in causing crime to be perpetrated. For instance, a homicide victim may be the first to use
force. In one case encountered in this author’s robbery study (Conklin, 1972), an incarcerated
offender reported that he had regularly used a knife to hold up drugstores because “knife is quieter
than a gun.” A few month s after the interview, this offender attacked another inmate with a
homemade knife. The other inmate took the knife away and stabbed the attacker to death. This is a
clear case of a victim-precipitated murder.

Victims who act in particular ways with regards to potential offenders may create opportunities
for crimes where none existed before. Thus, a man who enters a bar, picks an argument with another
customer, and draws knife has in a sense contributed to his own murder if the other person responds
by killing him with a handgun. This may not absolve the murderer of legal responsibility, but it could
mitigate the punishment.

One definition of victim precipitation suggests that we need much information to assess the role
of the victim in the causation of a crime.

Victim precipitation occurs when the offender’s action in committing or beginning to commit a
crime is initiated after and directly related to an action (be it physical or verbal, conscious or
unconscious) on the part of the victim. The offender perceives the victim’s behavior as a facilitating
action (including temptation, invitation) to the commission of the crime, the action of the victim might
be said to have triggered the offender’s behavior.

VICTIM’S PRONENESS

One measure of vulnerability of the frequency with which the people are victimized repeatedly,
There may be victim proneness among certain people of their personal characteristics, social situation,
physical location, or relationship to offenders. In a study of robbery in Boston, twenty three of ninety
victims who were held up in 1968 were robbed again during the next two and a half years, even
though the city’s robbery rate suggested that only one or two of them would have robbed again in that
time if robberies were randomly distributed across the city’s population. Whatever them vulnerable
and whatever measures they took to reduce their vulnerability seemed to have little effect.

Multiple Victimization or Victim proneness seems to by several factors including the following:

1. Precipitation or provocation - the victim does or say us something that causes an offender
to violate the law.
2. Instigation or perpetration - the victim actively encourages a crime of takes criminal action
against another person.
3. Facilitation - the victim places himself or herself at risk by deliberation recklessness, or
negligence.
4. Vulnerability or invitation - some people are unusually susceptible because of personal
attributes social status, or entry into a risk-filled situation.
5. Cooperation - the victim is a party to a consensual crime such as gambling or prostitution.
6. Attractiveness - Affluence will often attract offenders; and

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7. Impunity - Offenders can expect that the victim will not report the crime to the police or in
court, perhaps because the victim is also breaking the law.

CRIME RATES

The FBI Uniform Crime Report (UCR) gives the absolute number of crimes and the crime rates
for the index offenses, except for arson for which data are incomplete. The FBI calculates national
crime rates by dividing the number of reported crimes by the number of people in the country, and the
expressing the results as a rate of crimes per 100,000 people.

CRIME REPORTING

Because the police cover only a limited territory and do not have easy access to private places,
they learn of many crimes from citizens, usually victims or witnesses. Sometimes people call the police
switchboard to report a crime, and other times they report crimes directly to officers on the street or in
patrol cars.

Some citizen complaints to the police are not officially recorded as crimes. One study found
that only two-thirds of all complaints to the police produced an official crime report. Another study
that most robberies that citizen’s reports to interviewers in a survey are not reported to the police and
recorded by the police as “founded” crime incidents.

REASONS FOR NONREPORTING

People fail to report crimes to the police for many reasons, the most significant of which have
to do with the nature of the crime incident itself. Victims are least likely to report:
a.) Offenses that are attempted rather than completed;
b.) Offenses in which there is little or no financial loss or physical injury;
c.) Offenses that do not seem serious to them; and
d.) Offenses in which no firearm is used.

The effect of loss of property and extent of injury can be seen in the results of a survey, which
found that only 24 percent of robberies involving no loss and no injury were reported to the police, but
72 percent of robberies with some loss of property and some loss of property and some injury were
reported.

Many victims who do not report crimes to the police say think there is little or nothing the police
can do to catch the offender or retrieve the lost property. This view is supported by police statistics,
which show that the police indeed are least likely to arrest suspect in those crimes that the public feels
the police can do little about.

Some victims do not report crimes to the police because they believe the offense is not very
important. This may occur, for instance, when an inexpensive item is stolen, or when no real harm is
done in an insurance- leads many victims to report crimes to the police even when they have little
hope that their property will be recovered, for insurance companies often require notification of the
police as proof that a theft occurred.

Some crimes are not reported because the victim is afraid of what the police might discover if
they investigate the crime. Thus, a drug dealer who is robbed by another dealer may not report the
crime. Other victims do not report crimes because they do not want to cause trouble for the offender.
A related reason is the fear that the offender might take reprisals against the victim for reporting the
crime, especially if each other know the victim and the offender.

Victims are often unwilling to report crimes to the police because they see the offense as a
private or personal matter. Rape victims may avoid the police because they feel stigmatized by the
sexual attack. Assault victims may not report the crime because the attack was by spouse or a parent.
Police statistics in developing countries probably undercount assaults to a great extent because there is
often a traditional in local villages of dealing with crime- especially assaults between people who know
each other-in an informal way, rather than by bringing in the police.

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 Some victims do not report crime to the police because they think calling the police is too much
trouble, especially if a suspect is arrested and they have to testify in court. Witnesses, as well as
victims, may not report crimes because of inconvenience. A study in which “shoplifters” – who were
actually participants in an experiment ---tried to gain the attention of other shoppers in order to
determine how many shoppers would report their thefts found that only 28 percent of all shoppers
even said they had seen the “crime.” Of those who admitted to seeing the shoplifting only 28percent
reported it to store personnel. Many of the witnesses said that reporting the crime would have been
inconvenient or troublesome

HISTORY OF VICTIMIZATION SURVEYS

Apparently the first effort to increase crime by surveying members of households was carried
out in 1720 in Denmark (Clinard, 1978; 222). However, the first large-scale, systematic effect to
measure victimization by interviewing a cross section of a population was not conducted until 1966 in
the United States. This study of 10,000 people American households by the National Opinion Research
Center sought to determine how often people is victimized by crime. Since 1972, the federal
government has done victimization surveys similar to the one carried out in 1966. These National
Crime Surveys (NCS) question national samples representing 135,000 Americans from 60,000
Households to measure both personal and household victimization rates. These surveys are perhaps
the most costly effort to gather crime data ever undertaken. The cross-cultural perspective shows that
victimization surveys have also been carried out in other countries.

METHODOLOGICAL PROBLEMS WITH VICTIMIZATION SURVEYS

Victimization surveys are subject to several methodological problems. One problem is the issue
of validity, or how well the surveys actually measure the amount of crime in a society. Forgetting can
lead to underestimation of the amount of crime that has actually occurred, and it makes it difficult for
subjects to tell interviewers exactly when they were victimized.

Respondents may also refuse to tell interviewers about crimes for similar reasons to those that
keep them from calling the police the stigma of being victimized, unwillingness to confide in a stranger,
and reluctance to take the time to give details of the crime.

Another problem is that victimization surveys may overestimate the amount of crime that
occurs. Respondents may incorrectly interpret some experiences--- such as loss of wallet---and report
them as crimes. Overestimation of crime rates can also occur if people report crimes occurred prior to
the period about which they are being questioned as having occurred prior during the period. This
problem of “telescoping” may result from a faulty memory or from the respondents wish to have
something to talk about with the interviewer. This problem of telescoping may inflate victimization
rates by as much as 20 percent, leading to estimates of crime rates that are higher than actual rates.
Over reporting can also be encouraged by interviewers who prod respondents to remember crimes,
both to keep the interview interesting and to ferret out the “hidden crime” on which the victimization
survey is predicated.

MYTHS AND REALITIES ABOUT CRIMES AND VICTIMS

Government sponsored surveys and studies have produced findings that contradict some widely
held beliefs. The following popular misimpressions are corrected by data derived from social science
research projects.

About a crime wave sweeping the nation:

Myth: Crime is rising by leaps and bounds.
Reality: The incidence of violent crime and thief just about kept peace with population growth
throughout the 1970’s and into the early 1980’s.

About reporting crime:

Myth: Most victims tell the police about the incidents.
Reality: Slightly less than half of all street crime victims inform the police.

About the favorite targets of criminals:

Myth: The elderly are victimized more frequently than people of other ages.

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Reality: Teenagers and young adults are victimized much more often than older people.
Myth: Women are more likely those men to become victims.
Reality: Except for rape and purse snatching, men are victimized at higher rates than women.

About getting hurt:

Myth: Crime victims usually wind up in the hospital.
Reality: Relatively few victims of rape, robbery, and assault get hospital case, either in an emergency
room or as impatience.

VICTIMLESS CRIMES

A victimless crime is an offense that is consensual and lacks a complaining participant. It might
be more accurate to refer to victimless crimes as crimes without complainants, because some
observers question the idea that there is no victim of crimes such as drug use, gambling, prostitution
and pornography. What is important is that these offenses usually involve willing participants in
activities that violate the law. Because no one complains to the police about being victimized, the task
of law enforcement in making arrests and prosecuting suspects is a difficult one.

Drug use
Although we might consider drug users to be the victim of the drugs they use is a victimless
crime in the sense the drug neither seller nor the drug user is likely to report the crime to the police.
Drugs do have ill effects on users, from physical deterioration to overdose death, but some sociologist
see these effects more as the consequently of society’s laws against drugs than as the result of the
drugs themselves.

Because of the high cost of illegal drugs, users often turn to other crimes to support their drug
use.

Gambling
One argument for viewing illegal gambling as a victimless crime is that many states now permit
certain forms of legal gambling, such as on-track betting, off-track betting and lotteries. If these forms
of gambling are not defined as crimes, why then should gambling with a bookie on sporting events and
playing the numbers be treated as crimes? The great variations from state in defining what kind of
gambling is legal and what kind as a crime. The argument that gamblers may victimize members of
their families if they gamble compulsively and may drive theory families into poverty is correct, but also
too can people who gamble legally victimize their families in this way. Nevertheless, laws in the United
States still define certain forms of gambling as crimes.

Prostitution
The consensual transaction between prostitutes and their clients typically do not produce
complaints, though clients who are also robbed by prostitutes or their pimps and prostitutes who are
beaten by clients may turn to the police. In many cities, prostitution was once controlled by organized
crime, but that is no longer the case. Individual prostitutes may be seen as engaging in a crime that
has no victim, even though prostitution does not pose risks to both the prostitute and the client, such
as the high likelihood of contracting venereal diseases or AIDS. Prostitute whom works for pimps may
be the victims of physical abuse to “keep them in line” but the criminal offense of prostitution itself
does not involve participants who define themselves as victim of a crime.

Pornography
The distribution and safe of pornography is a criminal offense in certain jurisdiction and under
certain circumstances, though the law is vague in defining such offense. Usually, neither sellers nor
purchasers of pornography books, magazines, or movies define themselves as victim of a crime.
There have been some efforts in recent years to define pornography as crime because the
participants in the making of the pornography—the pornography models or the actors in a film—are
victim.

Vagrancy
One, having no apparent means of subsistence, who has the physical ability, neglects o apply
himself or herself to some lawful calling.

What is a Vagrant

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 a. One found loitering about public or semi-public buildings or places, or tramping or wondering
about the country or streets without visible means of support;
b. Any idle or dissolute person who lodges in houses of ill fame, ruffians or pimps and those who
habitually associate with prostitute;
c. One, not include within any other articles of the code, shall be found lawful or justifiable
purpose.

Note: Article 202 on Vagrancy is certainly against the poor, like scavengers, or people who are living
out of trash and garbage of the society.

This is one kind of a law which punishes one who is poor and who has no lawful means of
livelihood or substance, except of being a scavenger, hence he could be charged for “vagrancy” but at
the same dies not punish a prostitute who has also lawful means of livelihood, may be as a regular
employee during day time and prostitute during night time.

SOME IMPORTANT TERMS IN THE STUDY OF CRIMINOLOGY

1. Criminogenic process – explain human behavior and the experiences.

2. Criminal Psychodynamics – the study of mental processes of criminals in action, the study of
genesis.
3. Cultural Conflict – a clash between societies because of contrary beliefs or substantial
variance in their respective customs, language, institutions, habits, learning, tradition.
4. Dementia Praecox – a collective term of mental disorders that begin at, or shortly after
puberty and usually lead to general failure of the mental faculties.
5. Delusion – a false belief about self, caused by morbidity, present in paranoia and dementia
praecox.
6. Episodic criminal – a non-criminal person who commits a crime when under extreme
emotional stress. A person who breaks down and commits a crime as a single incident during
regular course of natural and normal events.
7. Erotomania – a morbid propensity to love or make love, uncontrollable sexual desire, etc., or
excessive craving by members of either sex.
8. Heredity – the transmission of physical characteristics, mental traits, tendency to disease, etc.,
from parents to offspring. In genetics, it is the tendency manifested by an organism to develop
in the likeness of a progenitor due to the transmission of genes in the productive process.
9. Hallucination – an individual’s experience characterized by a strongly self-centered pattern of
fantasy, emotion and thought.
10.Kleptomania – the uncontrollable morbid propensity to steal or pathological stealing. The
symptoms of this disease usually consist of ocular motives for stealing and hoarding.
11.Masochism – a condition of sexual perversion in which a person drives pleasure from being
dominated or cruelly treated.
12.Melancholia – a mental disorder characterized by excessive brooding and depression of spirits,
typical of main - depressive psychosis accompanied by delusion and hallucination.
13.Megalomania – a mental disorder in which, the subject thinks himself great and exalted.
14.Necrophilism – morbid craving, usually of an erotic nature for dead bodies. It is also a form of
perversion where sexual gratification is achieved either through sexual intercourse with, or
mutilation of a dead body.
15.Anthropology – it is the science devoted to the study of mankind and its development in
relation to its physical, mental and cultural history.
16.Auto phobia – it is a morbid fear of one’s self or of being alone.
17.Biometry – in Criminology, this refers to the measuring or calculating of the probable duration
of human life; the attempt to correlate the frequency of crime between parents and children or
brothers and sisters.
18.Biosocial behavior – a person’s biological heritage plus his environment and social heritage,
influence his social activity. It is through the reciprocal action of his biological and social
heritage that a person’s personality is developed.
19.Logomacy – the statement that we would have no crime if we had no law and that we could
eliminate all crimes by abolishing all criminal laws.
20.Culture – it is the totality of learned, socially transmitted behavior.
21.Cultural universal – man’s attempt to meet human basic needs by developing aspects of
shared learned behavior.
22.Innovation – the process of introducing an idea or object that is new to a culture.

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 23.Discovery – involves making known or sharing the existence of an aspect of reality.
24.Invention – when existing cultural items are combined into formal that did not exists.
25.Diffusion – the processes whereby a cultural item is spread from group to group.
26.Language – is an abstract system of word meaning and symbols for all aspects of culture.
27.Sanctions – are penalties or rewards for conduct concerning a social norm.
28.Values – collective conceptions of what is considered good and desirable.
29.Culture integration – refers to the bringing together of conflicting cultural elements.
30.Sub-culture – is a segment to society which share as distinctive pattern.
31.Ethnocentrism – refers to the tendency to assume that one’s culture and way of life are
superior to others.
32.Cultural Relativism – the view of people behavior from their own culture.
33.Bilingualism – the use of two languages in work places.
34.Group – is any member of people with similar norms, values and expectations who regularly
and consciously interact.
35.Social institution – organized patterns of beliefs and behavior centered on basic social needs.
36.Social control – refers to the techniques and strategies for regulating human behavior in any
society.
37.Deviance – is a behavior that violates the standards of conduct or expectation of a group or
society.
38.Index crime – refers to the eight types of crimes that are reported annually by FBI in its
uniform crime reports.
39.Mainstreaming – the practice of promoting maximum integration of handicapped with non-
handicapped children.
40.Demography – the scientific study of population.
41.Demographic Transition – is the change from high birth rates and death rates to relatively
low birth and death rates.
42.Population Bomb or Explosion – the most recent period of high fertility in U.S. and peaked
on 1957.
43.Zero-Population Bomb – is the state of population when number of births plus immigrants
equals the number of death.
44.Absolute poverty – as the amount of spending needed to ensure a person a minimum da8ily
diet of 2150 calories.
45.Cohort – is a group of people who share some common demographic experience.
46.Craze – an exciting mass involvement which lasts for long period of time.
47.Rumors – a piece of information gathered informally which is used to interpret an ambiguous
situation.
48.Social change – alteration over time in behavior patterns.

HISTORY OF PUNISHMENT
1.) Code of Hammurabi
2.) Code of Draco – the oldest Greek code
3.) Influence of medieval church – principle of freewill and responsibility

HISTORY OF PUNISHMENT IN THE PHILLIPINES

1) Maragta’s Code
2) Kalantiao Code
3) Sikatuna Code

JUSTIFICATION OF PUNISHMENT
1. Retribution or Retaliation - it rests on the basic premise that justice must be done.
Punishment of the offender was carried out in the form of personal vengeance.

2. Expiation or Atonement – group vengeance, where punishment is exacted publicly for the
purpose of appeasing the public or social group.

3. Deterrence or Exemplarity – punishment gives lesson to the offender by showing to others

what would happen to them if they violate the law. There must be: (1) certainty – that all
crimes will indeed be punished; (2) celerity – that punishment will come swiftly; and (3)
severity – that punishment is proportionate to the crime.

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 4. Protection – by placing offenders on prison, society is protected from the further depredation
of criminals.

5. Reformation – society’s interest can be best served by the extension of help to the prisoner to
become a law abiding citizen and productive upon his return to the community by requiring him
to undergo an intensive program of rehabilitation in prison.

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IMPORTANT PLACES AND DATES

Berlin – the country where the last burning at the stake was made until 1786.

Australia – a place where after the Americans gained their independence from England in 1786, the
prisoners of England were transferred until 1867

Ancient Rome – a nation pioneered banishment as a form of punishment

Middle of 16th century – the period when the first House of Correction appeared in England, on the
petition of Bishop Ridley of London for help in dealing with the study vagabonds of the city.

Hammurabi Code – a code after a name of a person who firstly adopted the principle “An eye for an
eye” and “A tooth for a tooth” in the imposition of punishment.

Elmira Reformatory – considered as the forerunner of modern penology located in Elmira, New York
in 1876. It features a training school type of institutional program, social case work and extensive use
of parole.

Auburn Prison System – its features were confinement of the prisoners in single cells at night and
congregate work in shops during the day.

1870 – 1880 – the Golden Age of Penology because of the following: (1) the formation and
organization of National American Prison Association in 1870; (2) in 1872, the first International Prison
Congress was held in London; (3) in 1876, the Elmira Reformatory was considered as the forerunner of
Modern Penology; and (4) the first separate Institutions for Women were established in Indiana and
Massachusetts.

1934 – the League of Nations adopted the “Standard Minimum Rules for the Treatment of Prisoners.”

1839 – Demetz of France established an Agricultural Colony for delinquent boys

Dart Moor Prison – one known as “Half-way” to hell by convicts found in Devonshire, England,
originally to house French prisoners.

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Republic Act No. (RA) 6506 – the Act creating the Board of Criminology. This was approved on July
1, 1972

November 1988 – was the first board examination (Criminology)

Criminologist – any person who is a graduate with the Degree of Bachelor in Science of Criminology,
who passed the examination for Criminologists and registered as such by the Board of Examiners of the
Professional Regulation Commission, under Section 23 of the RA 6506.

Practice of Criminology defined:

A person is deemed to be engaged in the practice of Criminology if he holds himself out to
the public in any of the following capacities:
a. As a professor, instructor or teacher in Criminology in any university, college or school
duly recognized by the government and teaches any of the following subjects:
i. Law enforcement;
ii. Criminalistics;

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 iii. Correctional administration;
iv. Criminal sociology and allied subjects; and
v. Other technical and specialized subjects in criminology curriculum provided by
the Department of Education, Culture and Sports.
b. As law enforcement administrator, executive, adviser, consultant or agent in any
government or private agency;
c. As technician in dactyloscopy, ballistics, questioned documents, police photography, lie
detection, forensic chemistry and other scientific aspects of crime detection.
d. As correctional administrator, executive supervisor, worker or officer in any correctional
and penal institution.
e. As counselor, expert, adviser, researcher in any government or private agency on any
aspects of criminal research or project involving the causes of crime, juvenile delinquency,
treatment of offenders, police operations, law enforcement administration, scientific criminal
investigation or public welfare administration.

Criminalist – a person who is trained in sciences of the application of instruments and methods, to
the detection of crime.

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