Criminology Schools of Thought

• A school of thought in criminology constitutes beliefs that explain criminal behavior.
• A theory is a set of statements explaining behaviors, events, or phenomena, tested and accepted widely.

Types of Criminology Schools

• Pre-Classical Era schools include the Demonological Theory.
• Demonological Theory posits that people commit crimes due to possession by evil spirits or demons.
• In ancient times, wrongdoing was attributed to supernatural forces, such as demons or gods.
• Punishment involved harsh methods like trials by ordeal or burning to determine guilt.
• Divine will was seen as a cause of crime, considered God's punishment for sin.
• Classical School of Criminology suggests people commit crimes by choice, weighing consequences.
• Severe punishment can deter crime.
• Free will allows individuals to choose lawful or unlawful actions.
• Punishment should fit the crime and be severe enough to deter it.

Key Figures

• Cesare Beccaria (1738–1794) was featured "On Crimes and Punishments".
• Beccaria advocated for fair punishment, stating, "Let the punishment fit the crime".
• He opposed torture and the death penalty.
• Beccaria's key ideas dictate punishments should be swift, certain, and proportional.
• Jeremy Bentham (1748–1832) developed Utilitarianism.
• Utilitarianism: The best action is the one that brings the greatest happiness to the greatest number.
• Bentham introduced Felicific Calculus.
• Felicific Calculus is how people calculate pleasure versus pain to decide whether to commit a crime.

More recent schools

• Neoclassical Criminology acknowledges free will but considers factors like insanity or mental illness.
• Mitigating circumstances, such as mental disorders, can reduce responsibility.
• Positivist School of Criminology argues crime is caused by observable factors like biology, psychology, or environment.
• Criminologists use scientific research to study individual differences.
• Crime is influenced by biological, social, and psychological factors.
• Criminal behavior isn't always a choice.

Important Criminology Figures

• Auguste Comte is considered the Father of Sociology and Positivism.
• Comte developed the idea that society should be studied scientifically.
• Cesare Lombroso is regarded as the Father of Modern Criminology.
• Lombroso argued that criminals have physical features (like large jaws or facial abnormalities) that distinguish them from non-criminals.
• Born Criminals: Have inherited criminal traits.
• Criminals by Passion: Act due to strong emotions.
• Insane Criminals: Commit crimes due to mental illness.
• Occasional Criminals: Commit crimes out of chance or circumstance.
• Pseudo-criminals: Kill in self-defense.
• Enrico Ferri stated crime is driven by sociological factors (economic conditions) and psychological influences.
• Ferri believed criminals aren't morally responsible due to external conditions.
• Raffaele Garofalo argued criminal behavior is rooted in moral anomalies (psychological issues, not physical traits).
• Garofalo rejected free will and believed criminals are "born criminals".

Key Criminology Concepts

• Free Will: The ability to choose to commit a crime or not.
• Utilitarianism: Actions are right if they promote the greatest happiness.
• Felicific Calculus: Measures pleasure and pain to decide if committing a crime is worth it.
• Atavistic Stigmata: Physical traits (e.g., big jaws) thought to indicate criminal tendencies, based on Lombroso's discredited theory.
• Mitigating Circumstances: Factors that reduce criminal responsibility, such as mental illness.
• Pre-Classical Era: Crime caused by demons or divine will.
• Classical School: Crime is a choice; punishment should be just and prevent future crimes.
• Neoclassical Criminology: Free will is influenced by factors like insanity or mental illness.
• Positivism: Crime results from biological, psychological, or environmental factors.
• The Holy Three of Criminology: Lombroso (physical traits), Ferri (social and psychological factors), and Garofalo (moral anomalies).

Definitions of Crime

• Legal Definition: Crime is an act or omission that violates criminal law, including actions (theft) and omissions (failing to report).
• Social Definition: Crime harms or injures society's norms and values and is considered unacceptable behavior.
• Psychological Definition: Crime is caused by behavioral maladjustment resulting from abnormal or maladaptive behavior.

Types of Crime

• Offense: A violation of special laws (e.g., Republic Acts, Presidential Decrees, or Executive Orders).
• Felony: A crime punishable by the Revised Penal Code (the criminal law in the Philippines).
• Delinquency: Crimes committed by minors violating basic rules or regulations.
• Sin: A violation against religious laws (e.g., the Bible).

Anatomy of Crime

• Legal Composition of Crime constitutes of two main components: Actus Reus and Mens Rea.
• Actus Reus (The Act) is the outward action or behavior leading to a crime (e.g., punching someone).
• Mens Rea (Criminal Intent) is the mental state or intent behind the action (e.g., punching someone intentionally).

Sociological Elements of Crime

• For a crime to occur, three ingredients must be present: Instrumentality, Motive, and Opportunity.
• Instrumentality: The means or tools used (e.g., a knife in a robbery).
• Motive: The reason for committing the crime (e.g., stealing for food).
• Opportunity: The chance or situation that allows the crime (e.g., finding an open window).

Scientific Formula of Crime

• Abrahamsen's Formula (1947): Crime results from individual tendencies interacting with the situation and the mental resistance of the person. Formula: C = T + S - R, where:
  • C = Crime
  • T = Tendencies (aggression, rebelliousness, passivity)
  • S = Situation (opportunity or environment)
  • R = Resistance (ability to resist temptation)
• Tendencies (T): Aggressive inclinations or rebellious feelings that lead to crime.
• Situation (S): The environment or opportunity that makes a crime possible.
• Resistance (R): The person's ability to control or resist the urge.
• Higher resistance = less likelihood of committing a crime.
• Crime = Act + Intent (Actus Reus + Mens Rea)
• Sociological Factors: Crime happens when there is a motive, means (instrumentality), and opportunity.
• Scientific View: Crime is influenced by a combination of a person's tendencies, the situation, and their ability to resist temptation.