FILAMER CHRISTIAN UNIVERSITY

COLLEGE OF CRIMINAL JUSTICE EDUCATION

Roxas Avenue, Roxas City, Capiz, Philippines, 5800
Tel no. (036) 6212-318
http://www.filamer.edu.ph

SELF- LEARNING MODULE

Course No. : CRIMINOLOGY 1

Course Title: INTRODUCTION to CRIMINOLOGY

COURSE OVERVIEW
This course provides the basic understanding of a theory, its development, and
application to the `etiology of crime, and its use to understanding human, criminal and
deviant behaviors. It includes the historical evolution of criminology, the different school
of thoughts, the process of measuring crime, as it relates to criminological research, the
divisions and scope of criminology, and the justice system. This course also introduces
Criminology as profession in the Philippines.
a. Program Outcomes
✔ Conduct criminological research on crimes, crime causation, victims, and
offenders to include deviant behavior;
✔ Internalize the concepts of human rights and victim welfare;
✔ Demonstrate competence and broad understanding in law enforcement
administration, public safety and criminal justice;
✔ Utilize Criminalistics or Forensic Science in the investigation and detection
of crime;
✔ Apply the principles and jurisprudence of criminal law, evidence and
criminal procedure;
✔ Ensure offenders’ welfare and development for their re-integration to the
community.

b. Performance Indicators:
At the end of the course, the students are expected to:
✔ Apply knowledge essential to the conduct of criminological research on
crimes, crime causation, victims and offenders to include deviant behavior;
✔ Ensure offender’s welfare and development for their re-integration to the
community.
B. Course Guide
Welcome to the Introduction to Criminology Self-Learning Module (SLM).
This pandemic had brought a lot of challenges to us, from the sector of health,
economic institutions, governance, and even in the academe. Generally, COVID-19
pandemic had struck and disrupted our daily task. Schools were forced to change from
the traditional or face to face teaching and now entering the realm of virtual and distant
learning. With this bold move in the school system, we are guided by the principle that
education never stop even in this time of the year were pandemic brought a lot of
challenge to us. Thus, as response to the challenge of this “new normal” way of
teaching, this “self-learning module” was conceived.
As your new learning facilitator, we recognized that the process of learning in this time
and even before does not solely lies in the hands of you teacher. We need active and
meaningful partnership, a partnership that is guided by the main goal of this module, to
bring out the best in you enable you to become independent but effective learners.
Truly, your academic success lies in your own hands!
This module was designed to provide you with fun and meaningful opportunities for
guided and independent learning at your own pace and time. You will be enabled to
process the contents of the learning resource while being an active learner.
At the end of this module you will also find references.
The following are some reminders in using this module:
1. Use this module with care.
2. Read and understand the instruction carefully before answering the question and
activities.
3. Don’t forget to check each activity before proceeding to the other set of question
and activities.
4. Observe honesty while answering the question and activities.
5. Before proceeding to the next task make sure to finish the task at hand.
6. Return this module to your teacher/facilitator once you complete it.
7. Please be reminded that you are responsible for your own learning. At the end,
examinations and another evaluative activity will be given based on the content of
this module.
If you encounter any difficulties in understanding the content and answering the task in
this module, do not hesitate to consult your course facilitator at given contact
information provided in this module.
We hope that through this material, you will gain knowledge about the Introduction to
Criminology and develop your understanding skills. You can do it!
C. Study Schedule
PRELIM PERIOD

MODULE 1 : Topic 1-5

Number of Learning Outcome Topic Learning
Weeks Activities
1-4 ✔ Introduce the ✔ Historical account and Self- learning
evolution and evolution of Criminology modules, written
development of ✔ Understanding the assessment, and
Criminology development and process activity
✔ Present modern of making scientific sheets/learning
trends of the theories. exercise
causes of crimes ✔ The basic theories (school
✔ Articulate the role of thoughts) in explaining
and welfare of the etiology of crime,
victims and criminal behavior, deviant
offenders behavior and human
. behavior.
✔ Fundamental concepts of
Law, Crime, Criminology,
Criminal Justice, Deviance
and Deliquency

PRELIM

D. ASSESMENT GUIDES AND MATERIALS

You will be assessed and evaluated using the following methods and guided by the
grading system indicated below.
a. Assessment Methods:
Paper and Pencil Test, Activity Sheets, and Evaluative Examinations
b. Grading system:
 LECTURE GRADE

Module Evaluation 30%

Activities 20%
Major Exam 50%
Total: 100%

E. COURSE FACILITATOR
Name of the Facilitator:
Mary Grace O. Galino., RCRIM, MSCJ
Contact Details:
Mobile Number: 09071167903
Email Address: [email protected]
Facebook Account: Mary Grace Oro Galino
Office Address: Roxas Avenue, Roxas City
 PRE-ASSESSMENT

Multiple choice: Read the question carefully select the correct answer in the following
questions. Mark only one answer on each item by putting a circle corresponding to the
letter of your choice.

1. It refers to the study of the causes of crimes, anthropology, psychology,

sociology and other natural sciences.
A. Social Science C. Applied Science
B. Dynamic D. Social Integration
2. It refers to an area of criminology that study about the Revised Penal Code and
its amendments and other laws which are penal in nature.

A. Criminal Sociology C. Criminal Ecology

B. Criminal Law and Jurisprudence D. Correctional Administration

3. Refers to persons who conduct researches with the use of scientific methods to
analyze the nature, cause, extent and control of criminal behavior.

A. Police Officer C. Lawyer

B. Criminologist D. Traffic Enforcer
4. The application of science to Law?
A. Forensic C. Instrumentation
B. Criminalistics D. All of the above
5. When we refer to the fact that our penal laws is applicable equally to all persons
what particular principle of criminal law do we refer?
A. Territoriality C. Extra-territoriality
B. Generality D. Retroactive
6. Study of criminality in relation to spatial distribution in a community.
A. Criminal demography C. Criminal Epidemiology
B. Criminal Ecology D. Criminal Anthropology
7. Refers to the entire body of knowledge of regarding crimes, criminals and the
effort of society to prevent and repress them, the science of crime rates,
individual and group reasons for committing crime, and community or societal
reactions to crime.
A. Criminology C. Delinquent
B. Cultural Deviance D. Developmental Theory
8. Refers to an area of Criminology that includes the fundamentals of criminology,
juvenile delinquency, human behavior and crisis management, ethics and
community relations, criminal justice system.
A. Law enforcement administration C. Crime Detection
B. Criminal Sociology D. Criminal psychiatry
9. Refers to the study of firearms and bullets,
A. Fingerprint C. Ballistics
B. Polygraph D. Photography
10. Refers to the body of official rules and regulations, generally found in
constitutions, legislation, judicial opinions, and the like, that is used to govern a
society and control the behavior of its members.
A. Norms C. Law
B. Culture D. Penalty
 TOPIC 1
INTRODUCTION TO CRIMINOLOGY
What is Criminology?

-Criminology is the scientific approach to studying criminal behaviour.

-Criminology is the body of knowledge regarding crime as a social
phenomenon. (Sutherland & Cressey)
-Criminology is a body of knowledge regarding delinquency and crime as
social phenomena (Tradio)
- Criminology is a multidisciplinary study of crimes (Bartol)
- A scientific and humanistic study of the social process of identifying
crimes, criminals and the compatible solutions (Mannle and Herschel).

Origin of the word “Criminology”

- It originates from the Latin word “Crimen” meaning crime and Greek
word “Logos” which means study.
- In 1885, Rafael Garofalo, an Italian Law Professor coined the term
Criminology
- In 1889, Paul Topinard, French Anthropology, used the term criminology
in French Criminologie for the first time.

Important Areas of Interest to Criminology

✔ development of criminal law and its use to define crime

✔ the cause of law violation
✔ method used to control criminal behavior

Nature of Criminology

1. Applied science- application of natural sciences in the study of cause

of crime while chemistry, medicine maybe utilized in crime detection.
2. Social science- Crime is a societal reaction and it exists in society, its
study must be part of social science.
3. Dynamic- Criminology changes as social condition changes.
 4. Nationalistic- the study of crime must be in relation to the existing
criminal law within the territory.

Principal Divisions of Criminology

Etiology of Crimes – the scientific analysis of the causation of crimes and the
criminal behavior.
Sociology of Law – refers to the investigation of the nature of criminal law and its
administration
Penology – the study of the control of crimes and the rehabilitation of offender

Causes of Crime According to Early Theologians

St. Augustine – He expressed the early church’s position on crime.
The church thought of an individual as a God. When one surrendered to
the evil, the result is often crime. Early theologians located the cause of crime in
the relationship between the humankind and the evil.
St. Thomas Aquinas – He stated that people by nature tried to perform good
acts. Sin or crime took place when their power to reason failed.

Causes of Crime According to Early Philosophers

Plato - stated that certain social and political factors encouraged crime.
Aristotle- stressed the ability of the law to improve social condition the
distribution of the right and requirements for strict obedience to the state.
Voltaire and Rousseau- argued that all people have equal rights. Behavior
(crime of otherwise) was to be based on one’s ability to reason. Philosopher at
this period stated that an unjust legal system encourages crime. When the
government begins to take away legal rights, it is committing a crime and
revolution is justified.

Theories of Crime Causation

Subjective Approach - Deals with the biological explanation of crimes, focused

on the forms of abnormalities that exist in an individual before and after the
commission of crime.
Objective Approach – Deals with the study of groups, social processes and
institutions as influenced to behavior.
Contemporary Approach – It is the combination of different approaches to
explain the reasons or causes for the commission of crimes which focuses on the
psychoanalytical, psychiatric and sociological theories.
Subjective Approaches
Anthropological – deals with the study of physical characteristics of an individual
offender with non – offenders in an attempt to discover differences covering
criminal behavior.
Medical Approach – Application of medical examination for the explanation of
mental and physical condition of the individual prior and after the commission
of the crime.
Biological Approach – according to Taft, heredity is one major factor why a
person commits crime
– Maslow explained that the deprivation of the primary needs is a strong factor
Physiological Needs in the commission of crime
Psychological - Concerned in the deprivation of psychological needs of man
which constitute the development of deviations of normal behaviour resulting to
repulsive sentiment and action
Psychiatric – this approach explains that mental disease is the reason why a
person violates norms and laws of the land
Psychoanalytical – According to Freud, the imbalance condition of Id, Ego and
Superego causes deviation of the individual to the norms of society.

Objective Approaches

Geographical Approach – Considers topography, natural resources,

Geographical location, and climate lead an individual to commit crime.
Founder Quetelet, “Thermic Law of Delinquency”, crimes against person prevail
in the South Pole and during warm season while crimes against property
predominate in the North Pole and cold countries.
Ecological Approach – according to Park, this is concerned with the biotic
grouping of men resulting to migration, competition, social discrimination,
division of labor and social conflict as factors to crime.
Economic Approach – Merton believed that poverty or economic difficulty
pushes a person to commit crime in order to support his needs.
Socio-Cultural – Cohen affirms that institutions, education, politics and religion
are major factors in the commission of crimes.

Activity I

Name: __________________________________

Year Section: ____________________________

Part 1

Instruction: Fill in the missing information write your answer on the space
provided.

________________1. This approach explains that mental disease is the reason why
a person violates norms and laws of the land.
________________2. He stated that certain social and political factors
encouraged crime.
________________3. This refers to the investigation of the nature of criminal law
and its administration.
________________4. Criminology is a body of knowledge regarding delinquency
and crime as social phenomena.
________________5. It is the combination of different approaches to explain the
reasons or causes for the commission of crimes which focuses on the
psychoanalytical, psychiatric and sociological theories.
________________6. Application of natural sciences in the study of cause of crime
while chemistry, medicine maybe utilized in crime detection.
________________7. It is the study of the control of crimes and the rehabilitation of
offender.
________________8. Greek word means to study.
________________9. The study of crime must be in relation to the existing criminal
law within the territory.
________________10. He stated that people by nature tried to perform good acts.
Sin or crime took place when their power to reason failed.
________________11. Application of natural sciences in the study of cause of
crime while chemistry, medicine maybe utilized in crime detection.
________________12. They argued that all people have equal rights. Behavior
(crime of otherwise) was to be based on one’s ability to reason. Philosopher at
this period stated that an unjust legal system encourages crime. When the
government begins to take away legal rights, it is committing a crime and
revolution is justified.
________________13. Deals with the study of groups, social processes and
institutions as influenced to behavior.
________________14. The scientific analysis of the causation of crimes and the
criminal behavior.
________________15.He stressed the ability of the law to improve social condition
the distribution of the right and requirements for strict obedience to the state.
________________16. Application of medical examination for the explanation of
mental and physical condition of the individual prior and after the commission
of the crime.
________________17. Deals with the biological explanation of crimes, focused on
the forms of abnormalities that exist in an individual before and after the
commission of crime.
________________18. Merton believed that poverty or economic difficulty pushes
a person to commit crime in order to support his needs.
________________19. According to Freud, the imbalance condition of Id, Ego and
Superego causes deviation of the individual to the norms of society.
________________20. Cohen affirms that institutions, education, politics and
religion are major factors in the commission of crimes.
 TOPIC 2
Brief History of Criminology
The scientific study of crime and criminality is a relatively recent
development. Although written criminal codes have existed thousands of years,
these were restricted to defining crime and setting punishments. What
motivated people to violate the law remained a matter of conjecture?

Criminology- explains the etiology (origin), extent, and nature of crime in society

Criminal Justice- study of agencies of social control that handle criminal

offenders. They seek more effective methods of crime control and offender
rehabilitation.

During the Middle Ages (1200- 1600), superstition and fear of satanic possession
dominated thinking. People who violated social norms or religious practices
were believed to be witches or possessed by demons. The prescribed method
for dealing with the possessed was burning at the stake, a practice that survived
into the 17th century. It was also commonly believed that some families
produced offspring who were unsound and that social misfits were inherently
damaged by reason of their “inferior blood”. It was common practice to use
cruel tortures to extract confessions, and those convicted of violent or theft
crimes suffered extremely harsh penalties including whipping, branding,
maiming and execution.

Classical Criminology

By the mid 18th century, social philosophers began to rethink the

prevailing concepts of law and justice. They argue for a more rational approach
to punishment, stressing that the relationship between crimes and their
punishment should be balanced and fair. This view was based on the prevailing
philosophy of the time called Utilitarianism. The most famous of these was
Cesare Becarria ( Cesare Bonesara Marchese De Becarria) (1738- 1794), whose
writings described both a motive for committing a crime and methods for its
control. Becarria believed people want to achieve pleasure and avoid pain.
The writings of Becarria and his followers form what today is referred to as
Classical Criminology.

Beccaria believed that:

- people want to achieved pleasure and pain.

- Crime provides some pleasure to the criminal.
- To deter crime, he believed that one must administer pain in an
appropriate amount to counterbalance the pleasure obtain from crime.
- Famous in sayings “ Let the punishment fit the crime” (Code of
Hammurabi)

The Classical Theory maintains that man is essentially a moral creature

with absolute free will to choose between good and evil. Therefore, stress is
placed upon the criminal himself, every man is responsible for his act. According
to Becarria, the crime problem could be trace not to bad people but to bad
laws based on the assumption of free will.

Characteristics of Classical School

- The basis of criminal liability is human free will and the purpose of penalty
is retribution
 - Man is essentially a moral creature with an absolute free will to choose
between right and wrong.
- That every man is therefore responsible for his act.
- The law, or the judge, should determine the punishment to be attached
to a criminal act and should provide a scale of punishment to all persons
committing the same crime, irrespective of age, sex, color, creed, or
circumstances.

Jeremy Bentham (1748- 1832) proposed “Utilitarian Hedonism or Filicific Calculus

or Penal Pharmacy” which explains that person always acts in such a way to
seek pleasure and avoid pain.

Bentham devoted his life to developing scientific approach to the making and
breaking laws. He borrowed from Beccaria the notion that the laws should
provide “the greatest happiness shared by the greatest number”. His work has
governed by utilitarian principles.

It became the Magna Carta or pattern of the criminal, since he knows what will
be the penalty in case he will be arrested, thus he can calculate the pleasure
and pain.

Arguments about the Classical Theory

1. Unfair- It treats all men as if they were robot without regard to the individual
differences and the surrounding circumstances when the crime was committed.

2. Unjust- having the same punishment for first offenders and recidivists.

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 Criminology

This Theory argues that Classical theory should be modified in certain
details. Since children and lunatic cannot calculate pleasure and pain, they
should not be regarded as criminals or to be punished. This principle is to some
extent extended to others, also by the system of taking into account certain
mitigating circumstances. The impossibility to exercise free will is reason to
exempt from criminal liability.
19th Century Positivism
The classical position served as a guide to crime, law and justice for
almost 100 years, but during the late 19th century a change in the way
knowledge was being gathered created a challenge to its dominance. The
scientific method was beginning to take hold in Europe, rather rely on pure
thought and reason, careful observation and analysis of natural phenomena
was being undertaken to understand the way the world worked.

August Comte (1798- 1857), considered the founder of sociology, applied

scientific methods to study the society. According to Comte, societies pass
through stages that can be grouped on the basis of how people try to
understand the world in which they live. People in primitive societies consider
inanimate objects as having life; in later social stages, people embrace a
rational, scientific view of the world. Comte called this final stage the positive
stage and those who followed his writings became known as positivists.

Elements of Positivism
1. The first is the belief that human behaviour is a function of the internal and
external forces. Some of these forces are social, such as the effect of wealth
and class, political and historical such as war and famine, other forces are more
personal and psychological, such as an individual’s brain or mental ability.

2. The second aspect is embracing the scientific method to solve problems.

Positivists would agree that an abstract concept such as “intelligence” exists
because it can be measured by an IQ test. They would challenge a concept
such as the “soul” because it is a condition that cannot be verified by the
scientific method. The positivists tradition was popularized by Charles Darwin
who’s worked on the evolution of man encouraged a 19th century cult of
science.

Positivist Criminology
J.K. Lavater (1741- 1801)- studied the facial features of criminals to
determine whether the shape of ears, nose, eyes and the distance between
them were associated with antisocial behaviour. (Physiognomists)
 Franz Joseph Gall & Johann K Spurzheim- studied the shape of the skull
and bumps on the head to determine whether these physical attributes were
linked to criminal behaviour. Phrenologists believed that external cranial
characteristics dictate which areas of the brain control physical activity.

Philippe Pinel- one of the founders of French psychiatry, claimed that

some people behave abnormally even without being mentally ill. He coined the
phrase “manie sans delire” to denote what eventually was referred to as
“psychopathic personality”.

Henry Maudsley- An English physician who believed that insanity and

criminal behavior were strongly linked.

Charles Darwin- he claimed that all humans, like other animals, are
parasite. Man is an organism having an animalistic behavior that is dependent
on other animals for survival. Thus, man kills and steals to live.

Charles Goring- An English statistician, who studied the case histories of

2,000 convicts and found that heredity is more influential as determiner of
criminal behavior. Goring believed that criminal behavior was inherited and
could be controlled by regulating the reproduction of families who produced
mentally defective children.

Enrico Ferri- He was the best known Lombroso’s associate, although he

agreed with Lombroso on the biological bases of criminal behavior, his interest in
socialism led him to recognize the importance of social, economic and political
determinants. 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.

Raffaele Garofalo- He rejected the doctrine of free will and supported

that the only way to understand crime was to study it by scientific methods. He
was also influenced on Lombroso’s theory of atavistic stigmata; he traced the
roots of criminal behavior not to physical features but to their psychological
equivalents, which he called moral anomalies.

According to his theory, natural crimes are found in all human societies,
regardless of the views of the lawmakers, and no civilized society can afford to
disregard them. Natural crimes are those that offend the basic moral sentiments
of probity (respect for property of others) and piety (revulsion against infliction of
pain to others)

Types of Criminals (Garofalo)

1. Murderers- those who satisfied from revenge
2. Violent criminals- those who commit serious crimes
3. Deficient- those who commit crimes against property
4. Lascivious- those who commit crimes against chastity

Biological Determinism (Positivist School)

Cesare Lombroso (1835- 1909)- In Italy, he was studying the cadavers of
executed criminals in an effort to scientifically determine whether law violators
were physically different from people of conventional values and behavior.
Lombroso, known as the “father of modern criminology” was a physician who
served much of his career in the Italian army. His theory can be outlined in a few
simple statements. First he believed that serious offenders, those who engaged
in repeated assaults or theft related activities inherited criminal traits. These
“born Criminals” inherited physical problems that impelled them into a life of
crime. Second, Lombroso held that born criminals suffer from “atavistic
anomalies” physically they are throwbacks to more primitive times when people
were savages. Lombroso’s version of strict biological determinism is no longer
taken seriously. Later in his career even he recognized that not all criminals were
biological throwbacks.

Consequently, the present penal code adopts mainly the Classical Theory
although there are some articles that pertain to the combinations of Neo
Classical and Positivists theories. Such that the penal code has provisions on
exempting and justifying circumstances, impossible crime (Art 4 RPC) and Art 13
para 7 on mitigating circumstances of voluntary surrender and plea of guilty.
With regard to Positivists, we have PD 968 and Pd 603.

Types of Criminals (Lombroso)

1. Born criminals- inherited criminal behavior
2. Criminal by passion- easily influenced by great emotions
3. Insane criminals- due to abnormalities/ psychological disorders
4. Criminaloid- due to less stamina/ self control
5. Occasional- due to insignificant reasons that pushed them to do at given
occasion
6. Pseudo criminals- those who kill in self defense

Foundations of Sociological Criminology

The foundations of sociological criminology can be traced to the works of

pioneering sociologists Adolphe Quetelet and Emil Durkheim. Quetelet
instigated the use of data and statistics in performing criminological research
while Durkheim defined crime as a normal and necessary social event.

Adolphe Quetelet- a Belgian mathematician, who began (along with

Frenchman, Andre Michel Guerry) what is known as the “Cartographic school of
Criminology”. This approach made use of social statistics that were being
developed in Europe in the early 19th century. Statistical data provided
important demographic information on the population, including density,
gender, religious and wealth. Quetelet also uncovered evidence that season,
climate, population composition and poverty were related to criminality. More
specifically, he found that crime rates were greatest in the summer, in southern
areas, among heterogeneous populations, and among the poor and
uneducated.

Emile Durkheim- According to Durkheim, crime is part of human nature because

it has existed during periods of both poverty and prosperity. Crime is normal
because it is virtually impossible to imagine a society in which criminal behaviour
is totally absent. He believed that the inevitability of crime is linked to the
differences (heterogeneity) within society. He also argued that crime can be
useful and on occasion, even healthy for society. He held that existence of
crime paves the way for social change and social structure is not rigid or
inflexible. A rising crime rate can signal the need for social change and promote
a variety of programs designed to relieve the human suffering that may have
caused crime in the first place.
The Chicago School and Beyond

The primacy of sociological positivism was secured by research begun in

the early 20th century by Robert Ezra Park, Ernest W Burgess, Louis Wirth and their
colleagues in the Sociological Department at the University of Chicago. The
Chicago School sociologists and their contemporaries focused on the functions
of social institutions such as the school and family, and how their breakdown
influenced deviant and antisocial behavior.

Philippine Setting
Plaridel Educational Institution (now PCCr) was established by Manila Major
Police Eliseo Vibar, Dr. Pedro R. Solis (NBI), Supreme Court Associate Justice Felix
Bautista Angelo in 1950.
Early 1960 – UM, Abad Santos College, University of the Visayas, University of
Mindanao, University of Baguio offered a Criminology Course.
University of the Visayas (UV) – first offered criminology course in Cebu
University of Negros Recoletos (UNOR) - first offered criminology education in
Western Visayas
Jan. 13-15, 1983 – Philippine Educators association for Criminology Education
(PEACE) was organized and founded by Cirilo M. Tradio during the National
Conference of criminology Deans and school heads and president at UNOR
Objective of PEACE;
To professionalize criminology education in the context of national
Development.

Project of PEACE: from Jan. 13, 1983 to May 1987

1. Implementation of the first Licensure Examination for Criminology

2. Recognition of NAPOLCOM police exam by Civil service Commission as
eligibility for employment in all other government civil service position.
3. The accreditation of participants in the seminar/workshop on police
marksmanship for instructional purposes in all criminology schools.
 4. Upliftment of criminology Education in line with the professionalization of
the country’s police service.

R.A. 6506 “An Act Creating the Board of Criminology in the Philippines” – the law
that creates the Board of Criminology in the Philippines in 1972.

- First Board of Criminology Constituted in 1987

Criminologist (R.A. 6506)

A person who is a graduate of Bachelor of Science in Criminology, who

has passed the examination for criminologist and is registered as such by the
Board of Examiners of the PRC.

Activity II
Name: __________________________________

Year Section: ___________________________

Part 1.

Instruction: Write TRUE if the sentence is correct and FASLE if the sentence is
wrong.

_______________1. Jeremy Bentham proposed “Utilitarian Hedonism” which

explains that person always acts in such a way to seek pleasure and avoid pain.

______________2.Enrico Ferri claimed that all humans, like other animals, are
parasite. Man is an organism having an animalistic behavior that is dependent
on other animals for survival. Thus, man kills and steals to live.

______________3. Criminology is a study of agencies of social control that handle

criminal offenders. They seek more effective methods of crime control and
offender rehabilitation.
______________4. The Classical Theory maintains that man is essentially a moral
creature with absolute free will to choose between good and evil.

______________5. Adolphe Quetelet found that crime rates were greatest in the
summer, in southern areas, among heterogeneous populations, and among the
poor and uneducated.

______________6. The Neo Classical Criminology and their contemporaries

focused on the functions of social institutions such as the school and family, and
how their breakdown influenced deviant and antisocial behavior.

______________7. Neo Classical theory argues that Classical theory should be

modified in certain details. The impossibility to exercise free will is reason to
exempt from criminal liability.

_______________8. According to Comte, societies pass through stages that can

be grouped on the basis of how people try to understand the world in which
they live.

_______________9. Goring believed that criminal behavior was inherited and

could be controlled by regulating the reproduction of families who produced
mentally defective children.

_______________10. R.A. 9262 “An Act Creating the Board of Criminology in the
Philippines” – the law that creates the Board of Criminology in the Philippines in
1972.

Part II

1. Differentiate Classical and Neo- Classical Theory.

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
__________________________________________________________
 2. Explain what Positivism Criminology (Positivist Theory) is.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
___________________________________________________

TOPIC 3
The Criminal Law and its Processes
The Origin of the law
The concept of crime was first recognized in the earliest surviving legal
codes, which were developed by the Babylonians and the Hebrews, and later
in legal codes developed by Romans. King Dungi of Sumer (an area that is part
of Iraq) is credited with developing one of the first legal codes in about 200 BC.
Its content is known today because it was later adopted by Hammurabi, the
sixth King of Babylon, in his famous set of written laws that is today known as the
Code of Hammurabi. Preserved on basalt rock columns, it establishes crime and
their correction. Punishment was based on physical retaliation or lex talionis(“an
eye for an eye”).

The second of the ancient legal codes still surviving is the Mosaic code of
the Israelites (1200 BC). According to the tradition, God entered into a
covenant with the tribes of Israel in which they agreed to obey his law (the 613
laws of the Old Testament), as presented by Moses, in return for God’s special
care and protection. This code is not only the foundation of the Judean-
Christian moral teachings, but also is a basis for the US legal system.

Also surviving is the Roman law contained in the Twelve Tables (451 BC).
Ten noble Roman men formulated this code in response to pressure from the
lower classes, who were referred to as plebeians. They believed that unwritten
code gave arbitrary and unlimited power to the wealthy classes known as
Patricians.

Early Crime, Punishment and Law

The early formal legal code were lost during the dark ages, which lasted
for hundreds of years after the fall of Rome (500- 1000 AD). During this period,
superstition and fear of magic and satanic black arts dominated thinking.

Measuring Crime

Today three significant methods are used to measure the nature and
extent of crime: Official data, victim data and self- report data.
Official data
Official data on crime refers to those crimes known to and recorded by
the police departments. Uniform Crime Report (UCR) is the best known and
widely cited sources of official criminal statistics. It uses three methods to express
crime data.
a. the number of crimes reported to the police and arrest made
are expressed as raw figures
b. crime rates per 100,000 people are computed
c. computes changes in the number and rate of crime over time
Victim surveys

The second source of crime data is surveys that ask crime victims about
their encounters with criminals because many victims do not report their
experiences to the police, victim surveys are considered a method of getting at
the unknown figures of crime. They are asked to report on the frequency,
characteristics, and consequences of criminal victimization for such crimes as
rape, sexual assault, robbery, and theft.

Self-Report surveys
Most often, it is administered to group of subjects through a mass
distribution of questionnaires. Although some surveys are able to identify the
subjects, most are given anonymously so that respondents are free to tell the
truth about their behaviours. Self- report surveys provide an appreciable amount
of information about offenders that official statistics and victim surveys fail to
provide.

Crime Patterns
The Ecology of Crime- Most reported crimes occur during the warm summer
months.

Temperature- Crime rates increase with rising temperature and then begin to
decline at some point when it may be too hot for any physical exertion. Long
term exposure to extreme temperature may prove sufficiently unpleasant and
increase violence rates.

Population Density- Large urban areas have by far the highest violence rates,
areas with low per capita crime rates tend to be rural.

Social class and crime- Traditionally, crime has been thought of as a lower class
phenomenon. After all, people at the lowest rungs of the social structure have
the greatest incentive to commit crimes. Those unable to obtain desired goods
and services through conventional means may consequently resort to theft and
illegal means. These activities are referred to as Instrumental crimes. Those living
in poverty are also believed to engage in disproportionate amount of Expressive
crimes.

Age and Crime- There is general agreement that age is inversely related to
criminality. Criminologists Travis Hirschi and Michael Gottfredson state “Age is
everywhere correlated with crime. Its effect on crime does not depend on other
demographic correlates of crime.”

Early onset- People who commit crimes at a very early age and who establish
official criminal records are most likely to become chronic offenders.

Gender and crime- male crime rates are generally higher than those females.
Lombroso’s book, the female offender argued that in physical appearance and
emotional makeup, delinquent females appear closer to men than to other
women.

Criminal careers- Crime data show that most offenders commit a single criminal
act, and upon arrest discontinue their antisocial activity. Others commit a few
less serious crimes. A small group of criminal offenders, however account for a
majority of all criminal offenses. (Marvin Wolfgang, Delinquency in a birth
cohort).

Criminal Law – branch of public law which defines crime, treats of their nature,
and provides punishment for their violation. Also known as Penal Law.

Revised Penal Code or Act No. 3815 – book that contains the Philippine Criminal
Law and different special laws and decrees which are penal in nature

LIMITATIONS UPON THE POWER OF THE STATE TO ENACT PENAL LAWS

- It cannot enact an ex post facto law nor bill of attainder

- Penal laws must be of general application
- It cannot provide for a cruel unusual punishment nor can it impose
excessive fines

Revised Penal Code (RPC)

It is called as RPC because the old penal code which took effect in the country
on July 14, 1887 and was in force until Dec. 31, 1931 was revised by the
Committee created by Administrative Order No. 94 of the Department of
Justice, dated Oct. 18, 1927, composed of Anacleto Diaz as Chairman, Alex
Reyes and Mariano de Joya as members.

The RPC was approved on Dec. 8, 1930 and took effect on January
1, 1932.

Principal Parts of the RPC

It is composed of two books, book one which is composed of
- Article 1-113 and book two covering article 114-367.
- Articles 1-20 – principles affecting criminal liability
- Articles 21-113 – penalties including criminal and civil liability
- Articles 114-367 – felonies

Characteristics of the RPC

1. Generality – the law is applicable to all persons within the territory irrespective
of sex, race, nationality or civil status except:
1. Head of state
2. Foreign diplomats, ambassadors, who are duly accredited to our country
3. Foreign troops permitted to march within the territory

Exception to the General Application

A. Treaties –
B. Laws of Preferential Application

2. Territoriality - the RPC is applicable to felonies committed within the

Philippine territorial jurisdiction under article 1 of the constitution.

“The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal water.”

3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet
punishable on the time the felony was committed. However, it may have a
retroactive effect if it is favourable to the accused who is not a habitual
delinquent.

What is Crime?

An act or omission punishable by law.

Categories of Crimes

Felony – act or omission punishable by the RPC

Offense – act or omission punishable by the special laws of presidential
decrees
Infraction – breach of municipal or city ordinance

Elements of Crime

Desire – what induces or pushes a person to commit crime

Opportunity – the physical possibility that the crime could have been
committed
Capability – ability of the person to execute the act or omission

A. Legal Classifications of Crime

Manner of Commission

Dolo/Deceit – when the act was with deliberate intent

Fault /Culpa – When the wrongful act results from imprudence, negligence, lack
of foresight or lack of skill.

B. Stage in the Execution of Crime

1. Attempted – The offender commences the commission of a felony directly by

overt acts, but does not perform all the acts of execution which should produce
a felony by reason of some causes or accidents other than his own spontaneous
desistance.
2. Frustrated – The offender performed all the acts of execution which would
produce the felony as a consequence but which nevertheless, do not produce
the felony by reason of causes independent of the will of the perpetrator.

3. Consummated – The offender has performed all the acts of execution and the
felony is actually accomplished. All the element for its execution are present.

C. Plurality of the Crime

1. Simple Crimes – When a single act constitutes only one offense.

2. Complex Crimes - When a single act constitutes two or more grave
felonies or when an offense is a necessary means for committing the other.
The first is otherwise known as compound crime while the second is the
complex crime proper.

D. Gravity of the Penalty

1. Grave felonies – the law attaches the capital punishment or afflictive

penalties
2. Less Grave felonies – the law punishes with penalties which are
correctional in nature
3. Light felonies– infractions of law for the commission of which the penalty
of arresto menor or a fine not exceeding 200 pesos or both are imposed

Criminological Classifications of Crime

A. Result

Acquisitive Crime – when the offenders acquire something as a

consequence of his criminal act. (Ex. Theft, robbery, estafa)
Extinctive Crime – when the end result of the criminal act is destructive.
(Homicide, murder, infanticide, parricide, arson)

B. Time or Period Committed

Seasonal crimes – those that are committed only at certain period of the
year. (Violation of tax law)
Situational crimes – those committed only when given the situation
conducive to their commission.

C. Length of Time Committed

 Instant Crimes – those committed in the shortest possible time
Episodal Crimes – those crimes committed by a series of act in a lengthy
space of time.

D. Place or Location

Static Crimes – those committed only in one place.

Continuing Crimes – those committed in several place
E. Use of Mental Faculties

Rational Crimes – those committed with full possession of his mental

faculties or sanity.
Irrational Crimes – those committed by a person who does not know the
nature and quality of his act on account of the disease of the mind.
F. Type of Offenders

White Collar Crimes – those committed by members of upper socio-

economic class in the exercise of their profession.
Blue Collar Crimes – those committed by ordinary professional criminals to
maintain their livelihood.

G. Imitation-Passion

Crimes of Imitation – those committed, the pattern of which is merely a

duplication of what was done by others
Crimes by Passion – those committed because of the fit of passion, anger,
jealousy, hatred

H. Standard of Living of Criminals

Crimes of the upper world – ex. falsification

Crimes of the underworld – ex. Snatching

Major Types or Categories of Crimes

1. Street Crimes – Crime commonly committed against persons or properties are

generally is called “street crime”. This does not mean that they are always
committed in some steer. Many occur in commercial or private buildings. The
term simply refers to the fact these crimes are routine, everyday occurrences
and often. Although not always, involving unsophisticated offenders from the
“street” rather than from the corporate boardrooms and crime syndicates

2. Victimless Crime – Transactions between the two or more willing parties

concerning the scale or purchase of desired but illegally goods or services are
referred to as victimless crimes or consensual crimes.

3. Organized Crime – consist of illegal acts, executed by five or more procedures

with varying degrees of participation to directly acquire a system of recurring
financial rewards through the provision of goods and services for consumer
groups differing in size and knowledge of environment.

4. Occupational and Career Oriented Crime – Occupational and career crime

refers to the illegal acts committed in the course of one’s legitimate occupation
or sustained involvement in specialized form of conventional crimes.

5. Political Crime – One of the most difficult concepts in criminology is political

crime. Basically, all crimes are relatively political in nature that they represent a
challenge to dominant values express politically in the law. However, when the
criminal’s attack (be in the form of murder, hijacking, terrorism) is directed
towards the society’s values system or basic institution. E.g. capitalism, then it
may term absolute political crime.

Who is a Criminal?
A person who has committed a wrongful act punishable by law of the land and
has been finally convicted of the case charged against him in the competent
court of justice.

Criminological Cla+ssifications of Criminals

A. Etiology

Acute Criminals- person who violates a law because of the impulse of the
moment fit of passion or anger or spell of extreme jealousy.
Chronic Criminals- person who acted in consonance with deliberated thinking,
such as:
Neurotic Criminal- person whose actions arise from intra-psychic conflict
between the social and anti-social components of his personality.
Normal criminal- person whose psychic organization resembles that of normal
individuals except that he identified himself with criminal proto type.
Criminaloids- caused by an organic pathological process.

B. Behavioral System
Ordinary criminals- the lowest form of criminal career. They engaged only on
conventional crimes that require limited skill. They lack organization to avoid
arrest and convictions.

Organized Criminals- these criminals has a high degree of organization to

enable them to commit crimes without being detected and committed to
specialized activities, which can be operated in large-scale business. Force,
violence, intimidation and bribery are muse to gain and maintain control over
economic activities. Organized crime of these special types includes various
forms of racketeering, control of gambling, prostitution and distribution of
prohibited drugs.

Professional Criminals- they are highly skilled and able to obtain

considerable amount of money without being detected because of
organization and contract with other criminals. These offenders are always able
to escape conviction. They specialize in crime, which require skill games, pick
pocketing, shoplifting, sneak thievery counterfeiting and others.

C. Activities
Professional Criminals- Those who earn their living through criminal activities.
Accidental criminals- those who commit criminal acts as a result of
unanticipated circumstances.
Habitual criminals- those continue to commit criminal acts for such diverse
reason due to deficiency of intelligence and lack of self- control.
Situational criminals- those who are not actually criminals but constantly in
trouble with legal authorities

D. Mental Attitude
Active aggressive criminals- those who commit crime in an impulsive manner
usually due to the aggressive behavior of the offender, such attitude is clearly
shown in crime of passion, revenge or resentment.
Passive in adequate criminals- those who commit crimes because they are push
to it by inducement, reward or promise without considering its consequence.
They are called “ulukan”.
Socialize delinquents- those who are normal in their behavior but merely
defective in their socialization processes. To this group belong the educated
respectable members of society who may turn criminal on account of situation
they are involved.

Legal Classifications of Criminals

Habitual Delinquents – a person within a person of ten years from the date of his
release or last conviction of the crime of serious, less serious, physical injuries,
robbery, estafa or falsification, is found guilty of any of the said crimes a third
time or oftener.

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 RPC.
 ACTIVITY III

Name: ___________________________________

Year Section: ______________________________

Part I

Instruction: Write the answer on the space provided.

______________1. This survey provide an appreciable amount of information about

offenders that official statistics and victim surveys fail to provide.

_____________2. A branch of public law which defines crime, treats of their

nature, and provides punishment for their violation.

_____________3. An act or omission punishable by the special laws of presidential

decrees.
_____________4. When the act was with deliberate intent.
_____________5. An act or omission punishable by the Revised Penal Code.
_____________6. The provisions of the RPC cannot be applied if the act is not yet
punishable on the time the felony was committed.

_____________7. It is infractions of law for the commission of which the penalty of

arresto menor or a fine not exceeding 200 pesos or both are imposed
Criminological Classifications of Crime.

_____________8. When a single act constitutes two or more grave felonies or

when an offense is a necessary means for committing the other.
_____________9. Transactions between the two or more willing parties concerning
the scale or purchase of desired but illegally goods or services
_____________10. These criminals has a high degree of organization to enable
them to commit crimes without being detected and committed to specialized
activities
_____________11. The 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 RPC.
_____________12. Refers to the illegal acts committed in the course of one’s
legitimate occupation or sustained involvement in specialized form of
conventional crimes.

_____________13. Committed by person or group because of the fit of passion,

anger, jealousy, hatred.
_____________14. The offender has performed all the acts of execution and the
felony is actually accomplished. All the element for its execution are present.
_____________15. An act or omission punishable by law.

Part II

Enumeration

1. Characteristic of Revised Penal Code.

2. Stages in the execution of Crime.

3. Major Types or Categories of Crimes.

4. Elements of Crime.
5. Classifications of Crime (give at least 5).