Criminology Overview: Definition and Classification

Criminal Definition

• A criminal is someone found guilty of committing a wrongful act in a legal setting.
• Criminology considers someone a criminal from the moment they commit the crime.

General Classification of Criminals

• Etiology-Based:
  • Acute Criminal: Reacts to a situation impulsively or during a moment of anger.
  • Chronic Criminal: Plans and commits crimes intentionally.
    • Neurotic Criminal: Suffers from a mental disorder.
    • Normal Criminal: Looks up to criminals.
    • Criminaloids: Criminal behavior influenced by biological or medical conditions.
• Type of Offender:
  • Ordinary Criminal: Commits crimes without specialized skills, considered the lowest form of criminal career.
  • Organized Criminal: Operates in highly organized groups, involves in complex criminal activities requiring strategic planning.
  • Professional Criminal: Highly skilled, earns a living through criminal activities, often operates with a network of other professionals.
• Criminal Activities:
  • Professional Criminal: Earning a living from criminal behavior.
  • Situational Criminal: Involved in criminal acts due to circumstantial factors.
  • Habitual Criminal: Repeats criminal acts for different reasons.
  • Accidental Criminal: Unintentionally violates the law due to uncontrollable circumstances.
• Mental Attitude:
  • Active Aggressive Criminals: Act impulsively due to aggression, often associated with crimes of passion, revenge, or resentment.
  • Passive-inadequate Criminals: Commit crimes under pressure or inducement, often driven by rewards or promises without considering the consequences.
  • Socialized Delinquents: Individuals with normal behavior but deficiencies in social skills, can include educated and respected members of society committing crimes due to specific circumstances or pressures.

Code of Hammurabi

• King Hammurabi of Babylon (18th century BC) codified the first comprehensive set of laws.
• The code was written on stone and is known as the Code of Hammurabi.
• The code was based on the principle of "an eye for an eye, a tooth for a tooth," where punishment mirrored the harm inflicted.

Hittites

• The Hittites conquered Babylon a few centuries after Hammurabi’s reign.
• They implemented laws similar in brutality to the Code of Hammurabi, with death common as punishment for various offenses.

Code of Drakon

• Athenian lawgiver Drakon codified laws in Athens (7th century BC).
• Known for its extreme severity with death as punishment for many offenses.

Laws of Solon

• Solon, an Athenian, was appointed archon and given legislative powers.
• He abolished almost all the harsh laws of the Code of Drakon.
• Introduced laws providing fairer and more proportional punishments.
• He emphasized equality in law application for all citizens.
• His impact on law-making is so significant that “Solon” is used to refer to any member of the Senate or House of Representatives.

Rome’s Twelve Tables

• The Twelve Tables were established in the middle of the sixth century BC, forming the foundation of Roman law.
• Composed of twelve bronze tablets containing legal provisions, the Tables were drafted by a group of patricians called the Decemvirs.

Criminal Law

• Criminal law is a branch of public law that defines crimes, describes their nature, and prescribes punishments.
• The Revised Penal Code, or Act No. 3815, is the primary source of Philippine criminal law, incorporating both general provisions and specific laws.
• The Revised Penal Code replaced the old code effective on January 1, 1932.

Characteristics of Criminal Law

• Generality: Applies equally to all individuals within the territory, regardless of personal characteristics, with certain exceptions for heads of state, foreign diplomats, and ambassadors.
• Territoriality: Enforceable within the boundaries of a country's jurisdiction, subject to international law and treaties.
  • Applies to the Philippine archipelago, including atmosphere, water, and a three-mile maritime zone.
• Prospectivity: Individuals can't be punished for acts that were not illegal at the time of their occurrence. However, laws can be retroactively implemented if they are beneficial to the accused and they are not delinquent.
• Specificity and Definiteness: Criminal law must provide clear and unambiguous definitions of offenses. In cases of doubt, the law should be interpreted in favor of the accused.
• Uniformity in Application: The definition and punishment of crimes are applied uniformly, regardless of who commits them, where, or when.
• Penal Sanction: The existence of a punishment is crucial for enforcing the law. It acts as a deterrent and a means of protecting society.

Schools of Thought in Criminology

• A school of thought refers to a specific perspective or group sharing a common view on human nature, crime, and its control.
• A theory is a set of statements that explains behavior, events, or phenomena, often repeatedly tested and widely accepted.

Demonology Theory

• Individuals commit crimes because they are possessed by evil spirits.
• This theory is now rejected, as it cannot be verified or studied scientifically.

Classical School of Criminology

• Focuses on the rationale behind crimes.
• Individuals have free will and choose to commit crimes after weighing the consequences.
• Fear of punishment can deter crime.
• Society can control behavior by making the pain of punishment outweigh the potential benefits of criminal gain.
• Founders: Cesare Beccaria and Jeremy Bentham.
  • Cesare Beccaria:
    • Considered the father of classical criminology.
    • Known for his essay, "On Crimes and Punishment," which argued against torture as a means of extracting confessions.
    • Advocated for human beings being guided by hedonism, seeking pleasure and avoiding pain.
  • Jeremy Bentham:
    • Added the concept of Utilitarianism and the felicific calculus.
    • Utilitarianism suggests that the right action is the one that maximizes happiness for the greatest number of people.
    • The felicific calculus states that individuals weigh the pleasure (gain) and pain (suffering) of committing a crime to determine if it’s beneficial.

Neo-classical Criminology

• A modified version of classical criminology.
• Free will can be affected by other factors, which are not considered in the pleasure-pain calculation.
• Recognizes that children and those with mental impairments may be unable to fully exercise free will.
• Argues for different treatment for individuals who cannot fully understand consequences or make rational choices.

This quiz explores the definition of a criminal and various classifications within criminology. From the etiology-based categories to the types of offenders, test your knowledge on the different dimensions of criminal behavior. Perfect for students and enthusiasts of criminology.