Intro To Crim Module Done

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 25

INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

INTRODUCTION TO CRIMINOLOGY

MODULE 1

INTRODUCTION TO CRIMINOLOGY

CRIMINOLOGY DEFINED

1. A body of knowledge regarding delinquency and crime as social phenomenon. It includes within its’ scope
the making of laws, the breaking of laws and the reaction towards the breaking of laws. (Cirilo M.
Tradio,1999)
2. Study of crime as a social phenomenon (Sutherland and Cressey)
3. Scientific study of crimes and its’ treatments. (Elliot and Merill)
4. The study which includes the entire subject matter necessary to the understanding and presentation of
crimes together with the punishment and treatment of delinquents and criminals. (Taft)

SCOPE IN THE STUDY OF CRIMINOLOGY

1. Making of Laws
2. Breaking of Laws
3. Reaction towards the breaking of Laws

SCIENTIFIC METHODS

1. Criminal Demography- study of the relationship between criminality and population/inhabitants.


2. Criminal Epidemiology- study of the relationship between environment (milieu) and criminality.
3. Criminal Ecology- study of criminality in relation to the spatial distribution in a community.
4. Criminal Physical Anthropology- study of criminality in relation to physical features/constitution of man.
5. Criminal Psychology- study of human behavior in relation to criminality.
6. Criminal Psychiatry- study of human mind in relation to criminality.
7. Victimology- study of the role of the victim to the commission of the crime.

PRINCIPAL DIVISION OF CRIMINOLOGY

1. Etiology of Crimes
2. Sociology of Law
3. Penology
4. Victimology

IMPORTANCE OF STUDYING CRIMINOLOGY

CJA 1
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

1. Source of philosophy of life


2. Background for a profession or for social service
3. Because criminals are legitimate objects of interest. They should be understood in order to know how to
control them.
4. Because crime is a costly problem.

PURPOSES OF STUDYING CRIMINOLOGY

1. Primary aim is to prevent the crime problem.


2. To understand crimes and criminals which are basic to knowing the actions to be done to prevent them.
3. To prepare for a career in law enforcement and scientific crime detection.
4. To develop 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.

NATURE OF CRIMINOLOGY

1. Applied Science
2. Social Science
3. Dynamic
4. Nationalistic

CRIME DEFINED

An act or omission in violation of a criminal law.

An act committed or omitted in violation of public law forbidding or commanding it.

An anti-social act, an act that is injurious, detrimental or harmful to the norms of the society.

An act which is considered undesirable due to behavioral maladjustment of the offender.

 Offense –act or omission punishable by special laws. (no stages)


 Felony –act or omission punishable by the RPC.
 Delinquency/Misdemeanor –acts that are in violation of simple rules and regulations usually referring to
acts committed by minor offenders.
 Mala Inse –act was wrong from very beginning. Act that is morally/ inherently evil/wrong/bad HEINOUS
CRIMES AND SERIOUS CRIMES (RPC) (INDEX CRIME)
 Mala Prohibita –act is wrong because there is law punishing it. Act that is prohibited to do because there
is law prohibiting it (special laws/statutes) (NON INDEX CRIMES)

ELEMENTS OF CRIME

CJA 2
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

1. There must be an act or omission.


2. The act/omission must be in violation of law.
3. It is committed either by dolo (malice) or culpa (fault)
Elements of crime by Dolo
 Freedom-ability to do whatever one wishes.
 Intelligence-the ability to know what is right or wrong.
 Intent-use a particular means to effect a particular result.
Motive-a feeling or moving power that impels one to do act.

Elements of crime by Culpa


 Freedom
 Intelligence
 Negligence/Imprudence
Negligence- lack of foresight- deficiency of perception
Imprudence- lack of skill- deficiency of action

STAGES IN THE COMMISSION OF CRIME/FELONY

1. Consummated Stage- all elements of crime are present.


2. Frustrated Stage- when the offender performs all the acts of execution to produce the felony but crime
did NOT happen by reason of some causes independent of the will of the perpetrator.
3. Attempted Stage- the offender performs overt act to commit the crime as a consequence but did not
perform all the act of execution because of some reason other than his own spontaneous desistance.

ANATOMY OF CRIME

1. Motive- cause or reason why a person will perpetrate a crime.


2. Instrumentality- particular means used in the commission of a crime.
3. Opportunity- consist of acts or omission which enables another person or group of persons to operate a
crime.

FORMULA OF CRIME

C= T+S

Where C- Crime/Criminal Behavior (the act)

T- Criminal Tendency (desire/intent)

S- Total Situation (opportunity)

CJA 3
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

R- Resistance to Temptation (control/conscience)

Why must members of the Society must be interested in Crime?

CRIME IS…

1. PERVASIVE
2. EXPENSIVE
3. DESTRUCTIVE
4. REFLECTIVE
5. PROGRESSIVE

CRIMINOLOGICAL CLASSIFICATION OF CRIME

A. Acquisitive Crimes –the offender acquires something as a consequence of his criminal act.
Extinctive –when the result of criminal act is destruction.

B. Seasonal Crimes –committed only at certain period of the year.


Situational Crimes –committed only when given a situation conducive to its commission.

C. Episodic Crimes –are serial crimes, they are committed by series of act within a lengthy space of time.
Instant Crimes –committed the shortest possible time.

D. Static Crimes –committed only in one place.


Continuing Crimes –committed in several places.

E. Rational Crimes –committed with intent.


Irrational Crimes –committed without intent.

F. White Collar Crimes –committed by a person of responsibility and of upper socio-economic class in the
course of their occupational activities.
Blue Collar Crimes –committed by ordinary professionals to maintain their livelihood. AMATEURIST

G. Upper world Crimes –committed by individuals belonging to the upper class of society.

CJA 4
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

Underworld Crimes –committed by members of the lower or under privilege class of society.

H. Crimes by Imitation –committed by merely duplication of what was done by others.


Crimes by passion –committed because of the fit of great emotions.

I. Service Crimes –committed through rendition of a service to satisfy desire of another.

LEGAL CLASSIFICATION OF CRIMES

A. Crimes against National Security and the Law of Nations


B. Crimes against the Fundamental Law of the State
C. Crimes against Public Order
D. Crimes against Public Interest
E. Crimes against Public Morals
F. Crimes committed by Public Officers
G. Crimes against Person
H. Crimes against Properties
I. Crimes against Personal Liberty and Security
J. Crimes against Chastity
K. Crimes against Civil Status of Persons
L. Crimes against Honor
M. Quasi-offenses or Criminal Negligence

CRIMINAL

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

CRIMINOLOGICAL CLASSIFICATION OF CRIMINALS

 Based on Etiology

Acute Criminal –violates criminal law because of the impulse or fit of passion. They commit passionate crimes.

Chronic Criminal –commits crime acted in consonance of deliberate thinking. He plans the crime ahead of time.
They are targeted offenders.

 Based on Behavioral System

CJA 5
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

Ordinary Criminal –the lowest form of criminal in a criminal career.

Organized Criminal –one who associates himself with other criminals to earn a high degree of organization.

Professional Criminal –person who is engaged in criminal activities with high degree of skill.

 Based on Activities

Professional Criminals –those who practice crime as a profession for a living.

Accidental Criminals –those who commit crimes when the situation is conducive to its commission.

Habitual Criminals –those who continue to commit crime because of deficiency of intelligence and lack of self-
control.

 Based on Mental Attitudes

Active Criminals –commit crimes due to aggressiveness.

Passive Inadequate Criminals –those who commit crimes because they are pushed to it by reward or promise.

Socialized Delinquents –criminals who are normal in behavior but defective in their socialization process or
development.

 Based on Legal Classification


- Habitual Delinquent –person who, within a period of 10 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 or a third time offender.
- Recidivist –one who, at the time of his trial for one crime, shall have previously convicted by final
judgment of another crime embraced in the same title of RPC.
- Habituality
- Quasi-Recidivism

CRIMINAL BEHAVIOR –the study of the human conduct focused on the mental processes of the criminal: the
way he behaves or acts and the causes and influences of his criminal behavior

VICTIMOLOGY –study of victims of crimes and contributory role, if any, in crime causation.

- The scientific process of gaining substantial amounts of knowledge on offender characteristics


by studying the nature of victims.

CJA 6
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

INTRODUCTION TO CRIMINOLOGY

MODULE 2

HISTORICAL SETTING
HISTORICAL SETTING OF CRIMINOLOGY

CJA 7
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

SOCIOLOGY

- criminology’s mother discipline. “Mother of Criminology”


- the study of the social behavior, systems and structures.

Pre-Classical Period (2000 years ago)

- Religious scholars focused on causes as diverse as natural human need, deadly sins and the
corrupting influence of Satan and other demons.

The Classical beginning

- “Punishment should fit the crime”

Cesare Beccaria (1738-1794)

- Italian
- Law must apply equally to all.
- Punishment for specific crimes should be standardized by legislatures, thus, avoiding judicial
abuses of power.

Jeremy Bentham (1748-1832)

- Englishman
- People are rational beings who exercise freewill in making choices.

Neo-Classical Era (Early 19th Century)

- “Punishment should fit the criminal”


- Proposed that those who could not distinguish right from wrong, particularly children and
mentally ill persons, should be exempted from the punishments that were normally meted out
to mentally capable adults who had committed the same crimes.

Positivist Determinism (Late 19th Century)

- Scientific approach to Criminology, including findings from biology and medicine.

Cesare Lombroso (1836-1909)

- Italian
- Influenced by Darwin’s Evolution Theory.
- Measured the physical features of prison inmates and concluded that criminal behavior
correlated with specific bodily characteristics, particularly cranial, skeletal and neurological
malformations.
- Pioneer of the case-study approach to criminology.

CJA 8
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

Cartographical Thought

- Work of statisticians who analyzed data on population and crime.

Lambert Adolphe Quetelet (1796-1874 France)

Andre Michel Guerry (Belgium)

- Both of these researchers compiled detailed, statistical information relating to crime and also
attempted to identify the circumstances that predisposed people to commit crime.

The Socialist Criminology

Emile Durkheim (1858-1917)

- French Sociologist
- Advanced the hypothesis that criminal behavior is a normal part of all societies.
- No society ever have complete uniformity of moral consciousness.
- Saw the criminal as an acceptable human being and one of the prices that a society pays for
freedom.
- Difference between modern, industrial societies and non-industrial ones, where individuals in
industrial societies are more likely to exhibit ANOMIE (Greek word meaning without norms).

Ecological School of Criminology (1920’s and 1930’s)

- Developed at the University of Chicago.


- Seeks to explain crime’s relationship to social and environmental change.

Conflict School of Criminology

- Traces its roots to Marxist theories


- Saw crime as ultimately a product of conflict between different classes under the system of
capitalism.
- Laws of society emerge out of conflict rather than out of consensus.
- Laws are made by the group that is in power to control those who are not in power.

Critical Criminology (Radical Criminology) (1970’s)

- Attempted to explain contemporary social upheavals.


- Relies on economic explanations of behavior and argues that economic and social inequalities
cause criminal behavior.
- Argue that corporate, political and environmental crime are underreported and inadequately
addressed in the current CJS.

Feminist Criminology

CJA 9
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

- Subordinate position of women in society.


- Women remain in a position of inferiority that has not been fully rectified by changes in the
law.

Edwin H. Sutherland (1883-1850)

- U.S. sociologist and criminologist


- Differential Association Theory
- He emphasized that criminal behavior is learned in interaction with others, usually in small
groups.
- Criminals learn to favor criminal behavior over non-criminal behavior through association
with both forms of behavior in different degrees.

Control Theory (1960’s and 1970’s)

- Attempts to explain ways to train people to engage in law-abiding behavior.


- Humans require nurturing in order to develop attachments or bonds to people.
- Personal bond is the key in producing internal controls such as conscience and guilt and
external control such as shame.
- Crime is the result of insufficient attachment and commitment to others.

Walter C. Reckless

- Containment Theory
- Combination of internal psychological containments and external social containments prevent
people from deviating from social norms.

Travis Hirschi

- Developed his own control theory that attempts to explain conforming behavior.
- Stresses the importance of the individual’s bond to society in conforming behavior.

Political Criminology

- Involves study into the forces that determine how, why, and with what consequences societies
chose to address criminals and crime in general.

Criminology in the Philippines

5 Pillars of Philippine CJS

CJS- the machinery which society uses in the prevention and control of crime.

CJA 10
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

- Law Enforcement
- Prosecution
- Court
- Correction
- Community

Criminology Education

Philippine College of Criminology (PCCr)

- Formerly Plaridel College located at Sta. Cruz, Manila.


- Pioneering Criminology school in the Philippines.
- First ever educational institution offering criminology course (as early as June 11, 1956).
-

R.A. 6506

- An act creating the Board of Examiners for Criminologists in the Philippines.

CJA 11
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

INTRODUCTION TO CRIMINOLOGY

MODULE 3

THEORIES OF CRIME
THEORY

- A system of ideas arranged in rational order that produce general principles which increase
our understanding and explanations.
- Is the foundation of criminology and of criminal justice.
- Most important task of theory is explanation which is also called prediction.

Subjective Approaches

- 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
2. Medical Approach
3. Biological Approach
4. Physiological Approach
5. Psychological Approach
6. Psychiatric Approach
7. Psychoanalytical Approach

Objective Approaches

- Deals on the study of groups, social processes and institutions as influences to behavior.
- Primarily derived from social sciences.
1. Geographic Approach
2. Ecological Approach
3. Economic Approach
4. Socio- Cultural Approach

Contemporary Approaches

CJA 12
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

Demonological Theory

- Individuals were thought to be possessed by good or evil spirits, which caused good or evil
behavior.
- Harsh punishments were also given.

The Classical School (18th and 19th Century)

- Cesare Beccaria and Jeremy Bentham shared the idea that criminal behavior could be
understood and controlled as an outcome of a “human nature” shared by all of us.
- Human beings were believed to be hedonistic but rational.
- Its mechanisms of enforcement and the forms of punishment were primitive and inconsistent.
- The use of torture to extract confessions and wide range of cruel punishments such as
whipping, mutilation and public execution were commonplace.

Major principles of the Classical School

1. Human beings are fundamentally rational and most human behavior is the result of free will coupled with
rational choice.
2. Pain and pleasure are two central determinants of human behavior.
3. Punishment is sometimes required to deter law violators.

Cesare Marquis de Beccaria-Bonesana

- March 11, 1738 to November 28, 1974


- Italian Philosopher
- Best known for his treatise “On Crimes and Punishments” (Dei delitti e delle pene)
 Condemned torture and death penalty.
 A founding work in the field of criminology.
 The first full work of penology, advocating reform of the Criminal Law System.
 First full-scale work to tackle criminal reform and to suggest that Criminal Justice should
conform to rational principles.

Jeremy Bentham

- Founded the Theory of Utilitarianism – “the greatest happiness for the greatest number of
people”
- Felicific Calculus –calculation of pleasures and pain and people could tell what was a right or
a wrong action.
- Planned the Panopticon –prison where the wardens could see all around.
- Ambition in life was to create a “Pannomion” –a complete Utilitarian code of Law.

Arguments against the Classical Theory

CJA 13
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

1. Unfair
2. Unjust
3. The nature and definition of punishment is not individualized.
4. It considers only the injury caused not the mental condition of the offender.

The Neo-Classical School

- There are situations or circumstances that made it impossible to exercise freewill and reasons
were provided to exempt the accused from conviction.
- Freewill can be mitigated by pathology, incompetence and mental disorder.
- Children and lunatics should not be regarded as criminals and free from punishment.
- It must take into account certain mitigating circumstances.

The Positivist/Italian School (1838-1909)

- Positivism- method of analysis based on the collection of observable scientific facts.


 Aim to explain and predict the way facts occur in uniform patterns.
 The search for other, multiple factors as the cause of human behavior.
- Crime is a natural phenomenon.
- Crime as a social and moral phenomenon which cannot be treated and checked by the
imposition of punishment but rather rehabilitation or the enforcement of individual measures.
- Rejected the Classical school’s idea that all crime resulted from choice.
- Most serious crimes were committed by individuals who were “primitive” or “atavistic”.
- Positivists- concerned with scientifically isolating and identifying the determining cause of
criminal behavior in individual offenders.

Defining features of the Positivist school:

1. The demand for facts, for scientific proof (determinism).


2. There are body and mind differences between people.
3. Punishment should fit the individual criminal, not the crime.
4. The CJS should be guided by scientific experts.
5. Criminals can be treated, rehabilitated, or corrected.

The Positivist Trio

Cesare Lombroso (1836-1909)

- Characterology
- Brought up the importance of the scientific studies of the criminal mind- field which became
known as criminal anthropology.
- The director of a mental asylum in Italy.

CJA 14
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

- Proposed that certain criminals had physical evidence of an atavistic characteristics.


- Stigmata –abnormal forms or dimensions of the different parts of the body.
- Father of Modern Criminology
- Wrote the essay “CRIME: Its Causes and Remedies”.

Classifications of Criminals by Lombroso

1. Born Criminals –born criminals, the belief that criminal behavior is inherited.
2. Criminal by Passion –individuals who are easily influenced by great emotions like fit of anger.
3. Insane Criminals –those who commit crime due to abnormalities or psychological disorders.
4. Criminoloid –commit crime due to less physical stamina/self-control.
5. Occasional Criminal –commit crime due to insignificant reasons that pushed them to do at a given
situation.
6. Pseudo-criminals –those who kill in self-defense.

Enrico Ferri (1856-1929)

- Best known as Lombroso’s associate. (Lombroso’s student)


- Focused more on social and economic influences on the criminal and crime rates.
- His greatest contribution: His attack on the classical doctrine of freewill.
 He argued that criminals should be held morally responsible for their crimes.

Raffaele Garofalo (1852-1934)

- He rejected the doctrine of free will.


- He traced the roots of criminal behavior to their psychological equivalents (MORAL
ANOMALIES)
 Based on Lombroso’s theory of Atavistic Stigmata (man’s inferior/animalistic behavior)
- Crime is an immoral act that is injurious to society.
- Natural Crimes –those that offend the basic moral sentiments of probity (respect for property
of others) and piety (revulsion against the infliction of suffering on others)

Types of Criminals by Garofalo

1. Murderers –those who are satisfied from vengeance/revenge.


2. Violent Criminals –those who commit very serious crimes.
3. Deficient Criminals –those who commit crimes against property.
4. Lascivious Criminals –those who commit crime against chastity.

CJA 15
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

Classical School Positivist School


1. Legal Definition of Crime 1. No to Legal definition
2. Punishment fit the crime 2. Punishment fit the criminal
3. Doctrine of Freewill 3. Doctrine of Determinism
4. Death penalty allowed 4. Abolition of Death Penalty
5. No empirical research 5. Inductive Method
6. Definite Sentence 6. Indeterminate sentence

Early 20th Century

David Emile Durkheim (1858-1917)

- Believed that crime was not only normal in any society but was also functional.
- Crime is bound up with the fundamental conditions of all social life and serves a social
function.
- Also believed that having good strong morals would prevent individuals from disintegrating.
 Disintegration would happen if the collective conscience became weak.
 Collective conscience –term coined by Durkheim which meant that individuals shared
common beliefs and sentiments.
 Punishment is a passionate reaction of graduated intensity to offences against the
collective conscience.
- Punishment was necessary in order to promote social cohesion and binds individuals together.
- Advocated “Anomie Theory” (first coined by Robert K. Merton) –absence of norms in a
society provides a setting conductive to crimes and other anti-social acts.
- Used the term “anomie” to describe the lack of social regulation in modern societies as one
manner that could elevate higher suicide rates.
- Also framed the early development of Consensus Theory.

Proposed the following principles:

1. Crime is a natural thing in the society.


2. The concept of wrong is necessary to give meaning to right.
3. Crime help society for changes.

Sigmund Freud (May 6, 1856-September 23, 1939)

- Founded the Psychoanalytic School of Psychology.


- Best known for his theories of the unconscious mind and the defense mechanism of
repression.

CJA 16
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

- Father of Psychoanalysis

According to Freud, the mind can be divided into two main parts:

1. The conscious mind


2. The unconscious mind

Personality is composed of three elements:

1. Id
2. Ego
3. Superego

Robert Ezra Park

- Advocated the Human Ecology Theory.


 Human ecology is the study of the interrelationship of people and the environment.
 This theory maintains that crime is a function of social change that occurs along with
environmental change.

Middle 20th Century

Ernest Kretschmer (1888-1964)

- He maintained that individual’s temperamental reactions are reflections of their body types.
- Best known for his work: Physique and Character.
- The idea of somatotyping was originated from his work.

Three principal types of physique:

1. Asthenic –lean, slightly built, narrow shoulders. (schizophrenia)


2. Athletic –medium to tall, strong, muscular. (schizophrenia)
3. Pyknic –medium height, rounded figure, massive neck, broad face. (manic depression)

William H. Sheldon

- Pioneered the use of anthropometry.


- Became popular of his own Somatotype Theory.
- His key ideas are concentrated on the principle of “Survival of the Fittest” as a behavioral
science.
- He combines biological and psychological explanation to understand deviant behavior.
- Somatotyping Theory –maintains the belief of inheritance as the primary determinants of
behavior and the physique is a reliable indicator of personality.

CJA 17
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

Classification of Body Physique by Sheldon

Endomorphy

- Predominance of soft, roundness throughout the regions of the body.


- Persons with relaxed and comfortable disposition.

Body features

 Soft body
 Underdeveloped muscles
 Round shaped
 Over-developed digestive system

Associated Criminal behavior: crimes involving deceit and fraud

Mesomorphy

- Athletic type, predominance of muscle, bone and connective tissue.


- People who are routinely active and aggressive and most likely to commit crimes.
Body features
 Hard, muscular body
 Overly mature appearance
 Rectangular shaped
 Thick skin
 Upright posture

Associated Criminal behavior: prone to violent crimes and sexual assault

Ectomorphy

- Thin physique, flat chest, slender and poorly muscled.


- Tend to look more fatigue and withdrawn.

Body Features

 Thin and flat chest


 Delicate build, young appearance
 Tall but lightly muscled
 Stoop-shouldered
 Large brain

CJA 18
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

Associated Criminal Behavior: proneness to crimes against property

Edwin H. Sutherland (1883-1950)

- Published Twenty Thousand Homeless Men, The Professional Thief and Principles of
Criminology.
- The Most Important Criminologist of the 20th Century
- The Dean of Modern Criminology
- Advocated the Differential Association Theory which maintains that the society is composed
of different group organizations, the societies consist of a group of people having criminalistic
tradition and anti-criminalistic tradition.
 DAT was Sutherland’s major sociological contribution to criminology.
 Differential Association Theory explains why any individual gravitates toward criminal
behavior while Differential Social Organization explains why crime rates of different
social entities differ from each other.

Walter Reckless (1899-1988)

- Containment Theory –assumes that for every individual there exists a containing external
structure and a protective internal structure.
 The outer structure of an individual are the external pressures such as poverty,
unemployment and blocked opportunities.
 The inner containment is the person’s self-control ensured by strong ego, good self-
image, well developed conscience, high frustration tolerance and high sense of
responsibility.

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

- Proponents of Social Class Conflict and Capitalism Theory.


 Claim 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.
 Crime and delinquency are reflected on the demoralized surplus of population, which is
made up of the underprivileged usually the unemployed and underemployed.

Late 20th Century

Robert King Merton (1910)

- Anomie Theory –can be separated into macroside and microside.


 Macroside –caused when society fails to establish clear limits on goals and is unable to
regulate the conduct of members in the society.

CJA 19
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

 Microside –strain, stresses its attention towards the breakdown of society and the
increase in deviance associated with this declining change that produces a stronger
pressure among members of society to commit crimes.
- Strain Theory –failure of man to achieve a higher status of life caused them to commit
crimes in order for that status/goal to be attained.
 Crime is a means to achieve goals and the social structure is the root of the crime
problem.
2 kinds of strain:
 Structural Strain
 Individual Strain
5 modes of Adaption to Strains
1. Conformity
2. Innovation
3. Rebellion
4. Retreatism
5. Ritualism

Albert Cohen

- Advocated the Sub-Culture Theory of Delinquency.


 Claims that lower class cannot socialize effectively as the middle class in what is
considered appropriate middle class behavior.
 The lower class gathered together share their common problems, forming a sub-culture
that rejects middle class values. (Reaction Formation)
- Subculture is called a gang and the kids are called delinquents.

Gresham Sykes (1922)

- Advocated the Neutralization Theory.


 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 will become law-abiding if they feel they are benefited from it.
 They violate it if these laws are not favorable to them.

Lloyd Ohlin (1928)

- Advocated the Differential Opportunity Theory


 This theory explained that society leads the lower class to want things and society does
things to people.
 Lower class groups are provided with greater opportunities for the acquisition of deviant
acts.

CJA 20
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

Robert Agnew

- Three Sources of Strains


1. Failure to achieve positively valued goals.
2. Removal of positive stimuli.
3. Confrontation with negative stimuli.

Frank Tennenbaum, Edwin Lemert, Howard Becker (1822-1982)

- Advocates of Labeling Theory.


 Theory that explains about social reaction to behavior.
 Theory maintains that the original cause of crime cannot be known, no behavior is
intrinsically criminal. Behavior becomes criminal if it is labeled as such.

Earl Richard Quinney (1934)

- Instrumentalist Theory of Capitalist Rule


 Argued that the state exists as a device for controlling the exploited class.
- Claims that upper classes create laws that protect their interest.
- He proposed the shift in focus from looking for the causes of crime from the individual to the
examination of CJS.

Charles Darwin’s Theory

- Claimed that humans, like other animals, are parasite.


- Man is dependent on other animal for survival thus, man kills and steal to live.

Charles Goring’s Theory

- Contradicted Lombroso’s idea that criminality can be seen through features alone.
- Accepted that criminals are physically inferior to normal individuals.
- Criminals tend to be shorter and have less weight than non-criminals.

Earnest Hooton’s Theory

- Contended that criminals are originally inferior.


- Crime is the result of the impact of environment.

Adolphe Quetelet

- Pioneered Cartography and Carthographical School of Criminology.


- Placed emphasis on social statistics.

CJA 21
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

- Discovered on his research that crimes against persons increased during summer and crimes
against property tends to increase during winter.

Mental Deficiency Theory

- Primarily focused on the Psychiatric make-up of the individual criminal.


- Human intelligence is the big factor in criminality.
-
- Researchers found out that a good majority of criminals
- tested for intelligence were shown to have low IQ.
- A strong relationship exists between low IQ and crime independent of social class.

INTRODUCTION TO CRIMINOLOGY

MODULE 4

INTRODUCTION TO CRIMINAL LAW


Criminal Law- is that branch or division of law which defines crimes, treats their nature and provides for their
punishment.

Sources of Criminal Law

1. The Revised Penal Code


2. Special Penal Laws

CJA 22
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

3. Penal Presidential Decrees

Some Basic Maxims in Criminal Law

1. Doctrine of Pro-Reo
2. Nullum Crimen, Nulla Poena Sine Lege
3. Actus Non Facit Reum, Nisi Mens Sit Rea
4. Actus me invite factus, non est meus actus
5. Ignorantia legis non excusat
6. El que es causa de la causa del mal causado

French Rule

English Rule

Crimes in the Modern world

1. Organized Crimes
2. White Collar Crimes
3. Cybercrime
4. Victimless Crimes

Conventional Crimes

Violent Crimes (Index Crimes)

a. Murder
b. Homicide and Assault
c. Robbery
d. Rape
e. Family Violence

Property Crimes (Non-Index Crimes)

a. Occasional Property Crimes


b. Conventional Property Crimes
c. Destructive Property Crime

CJA 23
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

INTRODUCTION TO CRIMINOLOGY

MODULE 5

VICTIMOLOGY: STUDY OF CRIME VICTIMS


Victimology- the study of victimization.

- Study on the role of the victim in the commission of a crime.

Benjamin Mendelsohn- coined the term victimology.

Von Hentig and Benjamin Mendelson – Fathers of the study of Victimology.

CJA 24
INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY 1

Most Likely to be Victims of Homicide (Von Some Factors of Victimization


Hentig)
1. Our material culture
1. The Depressive Type 2. Our sex values
2. The Greedy Type 3. Decay of discipline
3. The Wanton Type 4. Public Morality
4. The Tormentor Type

General Classes of Victims (Von Hentig) Psychological Types of Victim (Von Hentig)

1. The Young 1. The Depressed


2. The Female 2. The Acquisitive or Greedy
3. The Old 3. The Wanton or Overly Sensual
4. The Mentally Defective 4. The Lonesome
5. The Immigrants 5. The Heartbroken
6. The Minorities 6. The Tormentor

Other Types of Victims by Mendelsohn

1. The Completely innocent victim


2. Victims with only minor guilt and those victimized due to ignorance
3. The victim who is just as guilty as the offender and the voluntary victim
4. The victim guiltier than the offender
5. The guiltiest victim who is guilty alone
6. The Imaginary victim

CJA 25

You might also like