CRI 010: Introduction To Criminology PDF

CRI 010: INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY - pertains to the body of knowledge regarding crime as a social phenomenon ORGANIZED CRIMINALS - is considered as the most dangerous type of criminals. The primary focus of criminology as a field of study: A. Making of laws: The process through...

CRI 010: INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY - pertains to the body of knowledge regarding crime as a social phenomenon ORGANIZED CRIMINALS - is considered as the most dangerous type of criminals. The primary focus of criminology as a field of study: A. Making of laws: The process through which rules or regulations are created by governments or other authorities to guide behavior in society. B. Breaking of Laws: When an individual or group does something that goes against the rules set by the government or authority. C. Reaction toward the breaking of laws: Punishing the offender from committing a crime. The way communities, governments, and individuals respond when laws are broken. SOCIOLOGY OF LAW - study how laws affect people in society and why certain behaviors are considered crimes CRIMINAL ETIOLOGY - is defined as a scientific analysis of the study of causes or reasons for crime? Criminology is a multidisciplinary of crimes. This means that many disciplines are involved in the collection of knowledge about criminal action, including; psychology, sociology, anthropology, biology, neurology, political science and economics. *The Aim in Studying Criminology is to prevent the occurrence of a crime. *Studying Criminology is important in the profession of lawyers because it helps them to understand the mindset of the criminals. THEORY – is a scientifically acceptable general principle or body of principles offered to explain phenomena. SPECULATIVE – a stage of theory development which observes a high crime rate in areas with low employment and hypothesizes that economic conditions influence criminal behavior Role of a hypothesis in the scientific method – is to make a prediction that can be tested through experimentation. The following are the potential advantage of using social media data in criminological research: A. Social media data can provide a rich source of information about people's behaviors and attitudes. B. Social media data can be collected relatively easily and inexpensively. C. Social media data can provide insights into the spread of criminal ideas and networks. SCHOOLS OF THOUGHT IN CRIMINOLOGY: 1. POSITIVIST SCHOOL - according to this school of thought, there are three (3) primary causation of crime: Biological, Psychological, and Sociological - studies how economic hardship in a community leads to increased crime rates and argues that crime is a result of social and environmental factors. - School of thought argues that a crime prevention strategy focusing solely on harsher punishments is inadequate without addressing social, economic, and environmental factors. 2. NEO-CLASSICAL SCHOOL - introduces the idea that certain individuals, like children and lunatics, cannot be held fully responsible for their actions due to their inability to calculate pain and pleasure. - they considered the mental illness of the suspect and imposed a lower punishment. - considers the age and mental capacity of a defendant when deciding the punishment. CRI 010: INTRODUCTION TO CRIMINOLOGY 3. CLASSICAL SCHOOL (FREEWILL) - all people act within reason; conduct results from the conscious operation of a person’s will after reflection and choosing among alternatives of action. People know the difference between right and wrong. - that punishment should be severe enough to cause more pain than the pleasure. What is Crime? - is an act or omission punishable by law forbidding or commanding it. CLASSIFICATION OF CRIME: a. Felony – An act or omission punishable under the Revised Penal Code b. Offense – An act or omission punishable under Special Penal Laws c. Misdemeanor – violation of simple rules and regulation (minor offenses) -violation of city or municipal ordinance Take note: Internal act or the inception of the intention to commit a crime in the mind of a person is NOT PUNISHABLE under the law. Different Approaches in the Explanation of Crime: 1. ECONOMIC APPROACH - focuses on how factors such as poverty, lack of financial resources, and economic inequality can lead individuals to engage in criminal behavior. 2. DEMOGRAPHICAL APPROACH - the demographical approach examines how the characteristics of a population, such as density, age, income, and other demographic factors, influence social behaviors, including crime. 3. EPIDEMIOLOGICAL and SOCIOLOGICAL APPROACH - Both consider social interactions as factors in criminal behavior. 4. BIOLOGICAL APPROACH - focuses on genetic factors. - it believes that criminal behavior is inherited or identified through physical characteristics of criminals. 5. ECOLOGY APPROACH - can be useful in crime prevention strategies by reducing social conflicts and improving environmental conditions. 6. ENDEMIC APPROACH - It studies those factors that arise from local conditions or belong to a particular period of the year, or the specified area that makes a man criminal. - understanding crime in a specific region where certain types of crime increase during particular seasons 7. ORGANIC PSYCHOSIS APPROACH - where a criminal shows strong mental health issues. MAIN APPROACHES IN THE EXPLANATION OF CRIME: 1. Objective Approach: (external factor, outside criminals) - Criminal behavior is explained in terms of factors extraneous to the offender which are social, sociological, cultural and economic. 2. Subjective Approach: (internal factor, inside criminals) CRI 010: INTRODUCTION TO CRIMINOLOGY - Criminal behavior is explained in terms of factors within criminals, i.e. physical, biological and mental traits. Which approach in more important in explaining crime? The subjective approach focusing on internal factors, or the objective approach focusing on external social and economic factors? Answer: Both are equally important, as crime results from a combination of internal and external factors. LACK OF PROBITY: explains behavior based on a lack of probity (honesty or integrity) LACK OF PIETY: Deficiency in religious devotion, particularly in religious beliefs or duties. THERAPEUTIC APPROACH - It considers the criminal as a victim of circumstances and a product of various factors within the criminal and the society. ECONOMIC APPROACH - is more relevant for the offender from poverty FUNCTIONAL PSYCHOSIS APPROACH - is more relevant for the offender with mental illness. CRIMINAL LAW: - is defined as the branch of public law which defines crimes, treats their nature and provides for their punishment. CIVIL LAW: - governs matters related to family relations, property, succession, and contracts. JURISPRUDENCE: - offers or provides a theoretical foundation for interpreting and understanding the principle of law. MALA IN SE: refers to crimes that are inherently evil MALUM PROHUBITUM: crimes that are not inherently evil, but are crimes because there is law that forbids such acts. PHILIPPINE CONSTITUTION (supreme law) - considered as the highest law of the land. - mother of all laws. CRI 010: INTRODUCTION TO CRIMINOLOGY The three branches of government are: 1. Legislative Branch: This branch makes the laws 2. Executive Branch: This branch enforces and carries out the laws. 3. Judicial Branch: This branch interprets the laws and ensures they are applied fairly. Relationship between the Constitution and judicial decisions in the Philippine legal system: - The Constitution forms the Supreme Law, and - The Judicial decisions interpret and apply it. If a local government enacts an ordinance that contradicts the Philippine Constitution, how should the judiciary apply the law in this situation? - Apply the Constitution, as it is the supreme law, and declare the local ordinance unconstitutional.