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It is an act omitted or committed in violation of a public law forbidding or commanding it ( Reyes,2012)
Crime
Is an international act or omission in violation of criminal law committed without defense or justification and sanctioned by law as a felony or misdemeanor.
Crime
refers to a crime of commission, which is the act performed is in violation of a law forbidding it. On the other hand, an act omitted refers to a crime omission, which happens when a person failed to perform an act that is commanded by law.
Committed
refers to a crime omission, which happens when a person fails to perform an act that is commanded by law.
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Nullum crimen, nulla poena sine lege” literally translates “
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Is a Latin term meaning body of the crime and refers to the elements of an act that must be present in order to legally define it as a crime.
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It means guilty act or criminal conduct and refers the principle that a person must commit some forbidden act or neglect some mandatory act before effect, this principle of law means that people cannot be criminally prosecuted for thinking something or being something but only for doing something.
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It means guilty mind and refers to whether or not the suspect had a wrongful purpose in mind when carrying out the actus reus.
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It means that the act (actus reus) and the mental state (mens rea) concur in the sense that the criminal intention actuates the criminal act.
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It refers to the necessity to establish a causal link between the criminal act and the harm suffered.
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It refers to the negative impact a crime has either on the victim or on general values of the community.
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This approach deals primarily on the biological explanation on how and why crimes are committed. It discusses the forms of abnormalities that present in the individual perpetrator/malefactor before, during and after the violations of the laws
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According to Taft, heredity is one major factor why the person commits crime. As the saying says, “Like Father, Like Son” or “It is in the blood”.
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This deals with the study on the physical features/characteristics of an individual criminal or non-criminal to determine differences covering criminal behavior. (Hooton)
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The science of medicine explains the mental and physical conditions of the persons prior and after the commission of the crime. (Positivist)
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Maslow advocated the Hierarchy of Needs. Maslow’s hierarchy of needs states that individual’s main needs are satisfied in the following sequence: physiological; security and safety; love, belongingness and sex; self-esteem; and self-actualization. He explained that the deprivation of the primary needs of a person is a strong factor in the commission of crime. According to this hierarchy, people are motivated to satisfy their need for food first and to satisfy their need for safety before their need for love.
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According to Freud and Maslow, the deprivation of the psychological needs of man contributed in the development of the deviations to normal behavior resulting to repulsive sentiment and action.
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This explains that the mental disease of the person is the reason why he infringed the existing norms and laws of the land.
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The imbalance state of id, ego and superego is the cause of the deviation of the individual to the normal pattern of rules and regulations present in the society.
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It focuses on the study of group of individual, social processes and institutions as influences to and determiners of behavior
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It considers topography, natural resources, geographical location and climate which push a person to commit crimes. (Quetelet)
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Cohen affirms that institutions, education, politics and religion are major factors in the commission of crimes.
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According to Park, this approach deals with the biotic grouping of mean resulting to migration, competition, social discrimination, division of labor and social conflict as influences to the commission of crimes.
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Merton believed that poverty or economic difficulty pushes a person to commit crime in order to support his and his families’ needs.
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It is the ability of the person to execute the acts or omission punishable by laws.
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It is what induces or pushes the person to commit crime
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This refers to the physical possibility that the crime could have been committed.
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It refers to any act or omission punishable by the Revised Penal code.
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It is any act or omissions in violation of Special Laws.
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It is any breach of municipal or city ordinance
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Manner of Committing the Crime
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Stage in the Commission of the Crime
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Plurality of the Crime
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Gravity of the Penalty
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Criminological Classifications of Crimes Result
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Criminological Classifications of Crimes Time or Period Committed
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Criminological Classifications of Crimes Length of Time Committed
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Criminological Classifications of Crimes Place or Location of the Commission
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Criminological Classifications of Crimes Use of Mental Faculties
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Study Notes
Legal Definitions of Crime
- A crime is an act against public law, either committed or omitted, defined as a felony or misdemeanor.
- Act of Commission: Performing an act that violates a law.
- Act of Omission: Failing to perform an act required by law.
- “Nullum crimen, nulla poena sine lege” emphasizes that there can be no crime or punishment without a pre-existing law.
Key Legal Principles
- Actus Reus: The physical act or conduct that constitutes a crime, must occur alongside prohibited action or neglect.
- Mens Rea: Refers to the mental state of the perpetrator, indicating criminal intent or a wrongful purpose during the commission of the actus reus.
- A causal link between the criminal act and resulting harm is essential for establishing liability.
Impact of Crime
- Crimes negatively affect victims and community values, contributing to social instability.
- Individual biological and psychological factors may predispose a person to criminal behavior, as proposed by various theories.
Biological Perspectives on Crime
- Taft’s View: Heredity plays a significant role in criminal behavior; the notion of familial patterns exists (e.g., “Like Father, Like Son”).
- Hooton’s Research: Studies physical traits of criminals to identify behavioral differences.
- Positivist Theory: Explores mental and physical conditions before and after crimes to explain motivations.
Psychological Needs and Crime
- Maslow's Hierarchy of Needs: Addresses the importance of basic needs (physiological, safety) that must be fulfilled before higher-level psychological needs are attended to. Deprivation can lead to criminal behavior.
- Freud's Influence: Describes how psychological imbalances (id, ego, superego) may cause deviations from societal norms leading to crime.
Sociological Factors Influencing Crime
- Environmental factors: Location, resources, and climate can influence criminal behavior.
- Cohen's Theory: Institutions (education, religion, politics) notably affect the prevalence of crime.
- Park's Biotic Grouping: Migration, competition, and social conflict can lead to crime.
- Merton's View: Economic hardship drives individuals to commit crimes to fulfill basic necessities.
Legal Classifications and Characteristics of Crime
- Crime can be categorized based on:
- Manner of Commission: Techniques used to execute the crime.
- Stage of Commission: Phases through which the crime is carried out.
- Plurality: Whether a crime involves multiple actions or perpetrators.
- Gravity of Penalty: Severity of the punishment associated with the crime.
Various Criminological Classifications
- Classifications include considerations of:
- Time or period the crime was committed.
- Length of time the crime occurred.
- Place or location of the crime.
- Use of mental faculties during the commission of the crime.
Legal Accountability
- Legal accountability requires that the act or omission is punishable by laws, including:
- Revised Penal Code.
- Special Laws.
- Municipal or city ordinances.
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