Introduction to Criminology Reviewer PDF

**INTRODUCTION TO CRIMINOLOGY REVIEWER** **Chapter 1- Introduction and Historical Setting** **The Origin of the Word Criminology** **Criminology** was derived from the Italian term ***"CRIMINOLOGIA"*** coined by ***Raffaele Garofalo*** , an Italian law professor, in 1885. In 1887, French anthrop...

**INTRODUCTION TO CRIMINOLOGY REVIEWER** **Chapter 1- Introduction and Historical Setting** **The Origin of the Word Criminology** **Criminology** was derived from the Italian term ***"CRIMINOLOGIA"*** coined by ***Raffaele Garofalo*** , an Italian law professor, in 1885. In 1887, French anthropologist ***Paul Topinard*** used the term ***"CRIMINOLOGIE",*** to differentiate the study of criminal body types within the field of anthropology from other biometric pursuit. Basically, Criminology came from the **Latin and Greek Words**. \+ **Criminology** is a body of knowledge regarding delinquency and crime as a social phenomenon. (articulated by Cirilo Tradio). This is the general and more traditional meaning of criminology. In the Principles of Criminology written by ***Edwind Sutherland and Donald Cressey***, they defined **Criminology** as the "the body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making laws, of breaking laws, and of reacting towards the breaking of laws. ***Curt Bartol*** and ***Anne Bartol***, describing **Criminology** as a "Multidisciplinary study of crimes. It involves wide array of knowledge about crimes and criminals including psychology, sociology, anthropology, biology, neurology, political science, economics and others. However, there are other definitions of criminology suggested by some modernist such as: **Criminology** may refer to the study of crimes and criminals and the attempt of analyzing scientifically their causes and control and the treatment of criminals. The word **"scientific"** is inserted as an important element in the definition sequentially to substantiate the process of studying crimes in a n accepted (scientific) manner. Sec. 4 (e) of **Republic Act 11131**, otherwise known as the **Philippine Criminology Profession Act of 2018** however, declared that Criminology shall be defined as the "***Scientific study of crimes, criminals, and victims***. It also deals with the prevention, and solution of crimes". **Principal Divisions of Criminology** The study of Criminology is divided into three principal divisions, namely: 1. **Sociology of Law** attempts at a scientific analysis of the conditions under which penal/criminal laws develop as a process of formal social control. 2. **Criminal Etiology** attempts at analysis of the causes of crimes 3. **Penology** concerned with the control and prevention of crime and the treatment of offenders. **Sub-fields of Criminology** 1. **Sociological Criminology.** The study of crime focused on the group of people and society as a whole. It is primarily based on the examination of the relationship of demographic and group variables to crime. This includes variables such as socio-economic, interpersonal relationships, age, race, gender, and cultural group of people are probed in relation to the environmental factors that are most conducive to criminal action, such as time, place and circumstances surrounding the crime. 2. **Psychological Criminology.** The science of behavior and mental processes of the criminal. It focused on the individual criminal behavior-how it is acquired, evoked, maintained, and modified. 3. **Psychiatric Criminology.** The science that deals with the study of crime through forensic psychiatry, the study of criminal behavior in terms of motives and drives that strongly relies on the individual. **Sub-fields and Perspectives of Criminology According to Subject Matter and Methods** 1. **Critical Criminology.** Is a perspective in criminology that deals with the genesis of crime and the nature of social injustice and inequalities. The study focuses on law and punishment where crime is viewed as interconnected and part of a system of social inequalities. Critical Criminologist deals on the account of contextual factors of crime such as oppression of workers, class division, ethnic minorities, women, sexism, and racism. 2. **Applied Criminology.** Uses a variety of disciplines to examine criminality and the criminal justice system. The study focuses more on the processes seen in the justice system and the information of laws directed towards influencing social policies. 3. **Experimental Criminology.** It is perspective in criminology that heavily relies on experimental methods of research. It focuses on random selection of social issues directed to evidenced-based crime and justice policy. 4. **Comparative Criminology.** Is a perspective in criminology that deals with the study of the crime problem by understanding the differences and similarities of social cultures in order to understand crime patterns and trends. 5. **Convict Criminology.** Is a contemporary perspective in criminology that deals with the study of convicts and ex-convicts in order to provide answers to many issues in criminal justice where criminal correction is a pillar on the system. 6. **Green Criminology.** Is a new field in criminology that deals with the analysis of crimes involving a variety of environmental concerns with link to criminal activities. In other words, the application of criminological thoughts to environmental issues. **Criminologists; Criminalist; Criminal Justice Practitioner Distinguish** **Criminologist** **Criminologist** as identified by ***Marvin Wolfgang*** and ***Franco Ferracuti*** is the "One whose professional training, occupational role, and pecuniary reward are primarily concentrated on a scientific approach to. A **Criminologist** is a person who study Criminology. He is more concerned with the scientific aspects of crimes in relation to criminal justice. He analyzes crimes and criminal behaviors and attempts to provide explanations as to who commits crime and why they do it. He also analyzes a criminal's behavior and the methods he or she employs and develops profiles of criminals and their behavior using research and studies that examine psychological behavior, social issues, environmental factors, education levels and biological factors. **Criminalist** A **Criminalist** study a criminalistics or forensic science. He is a physical scientist who uses scientific methods and techniques to find and interpret physical evidence. His interest is concerned with criminalistic tools which includes DNA, blood, fingerprint, ballistics, etc. They rely on scientific findings and techniques used in a particular field and apply them within a legal framework. **Criminal Justice Practitioner** The **Criminal Justice Practitioner** is a person who deals in the broad areas of law enforcement, courts and corrections. His work may include police work; probation or parole work; or counselling and correctional work in correctional institutions. **The Filipino Criminologist** The law **Republic Act No. 11131**, regulates the practice or profession of Criminology in the Philippines, repealing an older law-Republic Act No. 6506. Under the R.A. No. 11131, the practice of criminology includes, but not limited to, acts or activities performed: a. In line with the practice of profession or occupation as a law enforcement administrator, executive, adviser, consultant, officer, investigator, agent or employee in any private or government agencies performing law enforcement and quasi-police functions at the following: - Philippine National Police (PNP) - National Bureau of Investigation (NBI) - Philippine Drug Enforcement Agency (PDEA) - Bureau of Jail Management and Penology (BJMP) - Provincial Jail - Bureau of Corrections (BUCOR) - Probation and Parole Administration (PPA) - Bureau of Internal Revenue (BIR) - Bureau of Customs (BoC) - Bangko Sentral ng Pilipinas (BSP) - Government and Private Banks - Philippine Postal Corporation (PPC) - Sea and Air Marshals - Airport and Seaport Police - National Intelligence Coordinating Agency (NICA) - Intelligence Service of the Armed Forces of the Philippines (ISAFP) - Other Intelligence service or agencies of the government exercising similar functions. b. In line with the practice of teaching profession such as those performed by a professor, instructor or teacher in any university, college or school duly recognized by the government of the following professional and component subjects of the criminology program: 1. Criminal Jurisprudence and procedure 2. Criminalistics (Forensic) 3. Law Enforcement Administration 4. Crime Detection and Investigation 5. Correctional Administration 6. Criminal Sociology and Ethics 7. Other technical and specialized subjects in the criminology curriculum provided by CHED. c. As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned document, deoxyribonucleic acid (DNA), lie detection, firearms identification, forensic photography, forensic chemistry and other scientific crime detection and investigation. d. As a correctional administrator, executive, supervisor, or officer in any rehabilitation, correctional, and penal institution or facility, and in any community-based corrections, and rehabilitation agencies and/or programs. e. As a counsellor, consultant, adviser or researcher in any government or private agency on any aspect of criminological research or project involving the causes of crime, children in conflict with the law, treatment of offenders, police operations, law enforcement administration, scientific criminal investigation or public safety and national security administration. f. As a private investigator, administrator, security and investigation agency organized under the laws of the Philippines. **Scope and Divisions of the Study of Criminology** Criminology as a broad field of study of crimes and criminals has the following scopes. 1. **The Making of Laws --** this pertains to the examination of the nature and structure of laws in the society which could be analyzed scientifically, systematically, and exhaustively to learn crime causation and eventually help fight them. 2. **The Breaking of Laws --** this pertains to the examination of the reasons of crime causation which primarily deals to answer issues why despite the presence of laws people still commit crimes. 3. **Reaction Towards the Breaking of Laws --** this pertains to the study of how people, the criminal, and the government reacts towards the breaking of laws because the reactions necessarily bring light to the development of modern measures to treat criminal offenders at the same time the reaction maybe contributory to criminality. **Areas of Study in Philippine Criminology** Under existing laws, criminology covers six principal areas identified in relation to the licensure examination for criminologists, which are: 1. **Sociology of Law** -- which pertains to the study of law and its application. This is particularly under the area called Criminal Jurisprudence and Procedures. 2. **Law Enforcement** -- which refers to the manner in which authorities enforce the local and national laws of the land. It is more related to matters involving police management and administration or policing in general. It is under the area called Law Enforcement Administration. 3. **Forensic Science** -- or the study regarding "instrumentation" involving the tools in crime detection and criminal identification. This belong to the area called Criminalistics. 4. **Criminal Detection** -- which pertains to the processes of crime detection and the identification of criminal offenders. This belongs to the area called Crime Detection and Investigation. 5. **Criminal Etiology** -- which includes the scientific analysis of the causes of crime and the study of criminal behavior. This is more accurately known under the area called Criminal Sociology. 6. **Penology** -- refers to the study that deals with the punishment and the treatment of criminal offenders. It is described under the area known as Correctional Administration. **Importance of Studying Criminology** 1. **Source of Philosophy of life.** The knowledge derived from studying crime is a good foundation for an individual's philosophy and lifestyle. 2. **Background for a Profession** of for **Social Service.** Because criminals are legitimate objects of interest, they should be understood in order to know how to control them. 3. **Provide Control Measures.** Crime is a costly problem, the value of property lost, medical expenses, insurance, moving cost, and intangible costs of pain and suffering is too high as a result of victimization. The study of it brings us control and security measures. **Purposes of Studying Criminology** 1. The primary aim is to prevent the crime problem. 2. To understand crimes and criminals which are basic to knowing the actions to be done to prevent them. 3. To prepare for a career in law enforcement and scientific crime detection. 4. To develop an understanding of the constitutional guarantees and due process of law in the administration of justice. 5. To foster a higher concept of citizenry and leadership together with an understanding of one moral and legal responsibilities to his fellowmen, his community and the nation. **Nature of Criminology** 1. **It is not a Pure Science.** - has not acquired universal validity and acceptance. - not stable and varies from one time and place to another. 2. **It is Applied Science** - Anthropology - Psychology - Sociology - Neurology - Law - Public Administration - Education 3. **It is a Crime Detection** - Chemistry - Legal Medicine - Mathematics - Ballistics - Polygraphy - Questioned Document Examination - Dactyloscopy 4. **It is a Social Science** - The family - Church and religion - Private charitable and welfare organization - Civic clubs and organization - Private and public schools 5. **It is Dynamic** - New knowledge is discovered. - Technology is continuously upgraded. - Social conditions change from time to time. 6. **It involves Government Agencies** - Legislative bodies and law makers - Law enforcement agencies - Court and prosecution areas of government - Correctional institutions - Public charitable and social agencies - Public welfare agencies **Object of Interest in Criminology** a. **Crimes --** the criminal acts defined by laws. b. **Criminals --** the perpetrators of crime and the investigations of their criminal behaviors. c. **Crime Victims** (victimology) -- a party to the crime and their roles in the victimization process. d. **Punishment** (penology) -- refers to the ways and means on how society treat criminal behaviors. **Definition of Crime** **Crime** may be defined as: a. An act or omission in violation of a criminal law in its legal point. b. An anti-social act; an act that is injurious, detrimental or harmful to the norms of society; they are the unacceptable acts in its social definition. c. Psychologically, crime is an act, which is considered undesirable due to behavioral maladjustment of the offender; acts that are caused by maladaptive or abnormal behaviors. a. **Offense --** is an act or omission that is punishable by special laws (a special law is a statue enacted by congress, penal in character, which is not amendment to the Revised Code) such as Republic Acts, Presidential Decrees, Executive Orders, Memorandum Circulars, Ordinances, and Rules and Regulations (Reyes, 1960). b. **Felony --** is an act or omission that is punishable by the Revised Penal Code, the criminal law in **the Philippines (Reyes, 1960).** c. **Delinquency/Misdemeanor --** act that are in violation of simple rules and regulations usually referring to acts committed by minor offenders. d. **Infractions --** it is an act or omission punishable by an ordinances and rules. **Classifications of Crime** Crimes are classified in order to focus a better understanding of their existence. Some criminologists view the following as criminological classes of crimes: a. **Acquisitive and Extinctive Crimes** **Acquisitive Crime** is one which when committed, the offender acquires something as a consequence of his criminal act. The crime is **Extinctive** when the result of criminal act is destruction. b. **Seasonal and Situational Crimes** **Seasonal Crimes** are those that are committed only at certain periods of the year. **Situation Crimes** are those that are committed only when given a situation conducive to its commission. c. **Episodic and Instant Crimes** **Episodic Crimes** are serial crimes, they are committed by a series of criminal actions within a lengthy space of time. **Instant Crimes** are those that are committed the shortest possible time. d. **Static and Continuing Crimes** **Static Crimes** are those that are committed only in one place. **Continuing Crimes** are crimes that are committed in several places. e. **Rational and Irrational Crimes** **Rational Crimes** are those committed with intent; the offender is in full possession of his mental faculties/capabilities. **Irrational Crimes** are committed without intent; offender does not know the nature of his act. f. **White Collar and Blue-Collar Crimes** **White Collar Crimes** are those committed by a person of responsibility and of upper socio-economic class in the course of their occupational activities. **Blue-Collar Crimes** are those committed by ordinary professionals to maintain their livelihood. g. **Upper-World and Underworld Crimes** **Upper-World Crimes** are those committed by individuals belonging to the upper class of society. **Underworld Crimes** are committed by members of the lower or under privilege class of society. h. **Crimes by Imitation and Crimes of Passion** **Crime by Imitation** are crimes committed by merely duplicating of what was done by others. **Crime by Passion** are crimes committed because of the fit of great emotions. i. **Service Crimes** refers to crimes committed through rendition of a service to satisfy the desire of another. **Classification of Crimes According to the Police** a. **Index Crimes --** are serious in nature and which occur with sufficient frequency and regularity such that they can serve as an index to the crime situation. This includes **crimes against persons** (murder, homicide, physical injury, rape) and **crimes against properties** (carnapping, robbery, and theft). b. **Non-Index Crimes** -- are mostly violations of special laws and other crimes such as **crimes against morals and order** (prostitution, vagrancy, alarm and scandal, assault resistance to authority. **Corruption of public officials** (gambling, slander and libel, threat and coercion, and trespassing), **crimes against chastity** (abduction, seduction, lascivious acts), other **crimes against property** (estafa and falsification, malicious mischief, damage to property). These crimes are generated from result of positive police-initiated operations. **Classes of Crimes Under the Revised Penal Code** **The Philippine Revised Penal Code classified Crimes as follows:** 1. Crimes against National Security and the Law of Nations (Treason, Espionage, Piracy) 2. Crimes against the Fundamental Law of the State (Arbitrary Detention, Violation of Domicile) 3. Crimes against Public Order (Rebellion, Sedition, Coup d'tat) 4. Crimes against Public Interest (Forgery, Falsification, Fraud) 5. Crimes against Public Morals (Gambling and betting, offenses against decency and good customs like scandals, obscenity, vagrancy, and prostitution) 6. Crimes Committed by Public Officers (Malfeasance and Misfeasance) 7. Crimes against Person (Murder, Rape, Homicide, Physical Injuries) 8. Crimes against Properties (Robbery, Theft) 9. Crimes against Personal Liberty and Security (Illegal Detention, Kidnapping, Trespass to Dwelling, Threat and Coercion) 10. Crimes against Chastity (Concubinage, Adultery, Seduction, Acts of Lasciviousness) 11. Crimes against Civil Status of Persons (Bigamy, Other Illegal Marriages) 12. Crimes against Honor (Libel, Oral Defamation) 13. Quasi-offenses or Criminal Negligence (Imprudence and Negligence) **The Criminal Offender** The criminal is the actor in the commission of a criminal act. On the basis of the definition of crime, a criminal may be defined in three ways: 1. A person who committed a crime and has been convicted by a court of the violation of a criminal law. (Legal definition) 2. A person who violated a social norm or one who did an anti-social act. (social definition) 3. A person who violated rules of conduct due to behavioral maladjustment. (psycho-behavioral definition) **Classes of Criminals** Criminal acts are classified into different classifications, criminals (actor) are also given the classification for purposes for purposes of further elaboration and understanding about them. **Based on Etiology** a. **Acute Criminal** is one who violates a criminal law because of the impulse or fit of passion. They commit passionate crimes. b. **Chronic Criminal** is one who commits crime acted in consonance of deliberated thinking. He plans the crime ahead of time. They are the targeted offenders. **Based on Behavioral System** a. **Ordinary Criminal** is considered the lowest form of criminal in a criminal career. He doesn't stick to crime as a profession but rather pushed to commit crimes due to a great opportunity. b. **Organized Criminal** is one who associates himself with other criminals to earn a high degree of organization to enable them to commit crimes easily without being detected by authorities. c. **Professional Criminal** is a person who is engaged in criminal activities with a high degree of skill. He is usually one who practices crime as a profession to maintain a living. **Based on Activities** a. **Professional Criminals** are those who practice crime as a profession for a living. Criminal activity is constant in order to earn skill and develop abilities in their commission. b. **Accidental Criminals** are those who commit crimes when the situation is conducive to its commission. c. **Habitual Criminals** are those who continue to commit crime because of deficiency of intelligence and lack of self-control. **Based on Mental Attitudes** a. **Active Criminals** are those who commit crimes due to aggressiveness. b. **Passive Inadequate Criminals** are those who crimes because they are pushed to it by reward or promise. c. **Socialized Delinquents** are criminals who are normal in behavior but defective in their socialization process or development. **Based on the Legal Point of View** a. **Habitual Delinquent** is a person who, within a period of ten (10) years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, estafa, or falsification, is found guilty of any of the said crimes or a third time offender. b. **Recidivist** is one who, at the time of his trial for one crime, shall have been previously convicted by final judgement of another crime embraced in the same title of the Revised Penal Code. **Brief Historical Setting of Criminology** **PRE-TWENTIETH CENTURY (18th C-1738 - 1798)** Prior to the 18th century (Walsh, 2012), explanations of a wide variety of phenomena, including criminal behavior, tended to be of a religious or spiritual nature. Good fortunes and disasters alike were frequently attributed to good or evil supernatural forces. A simple extension of this worldview was to define crime as the result of demonic possession or the evil abuse of free will (demonological explanation). Most explanations of crime equated it with sin - the violation of a sacred obligation. During the Middle Ages, superstition and fear of satanic possession dominated the thinking regarding crime. 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. Enlightenment theorists like Thomas Hobbes, Rousseau, Locke, Voltaire and Montesquieu introduced the idea of **social contract**. The idea of **social contract** is an extraordinary important part of the enlightenment philosophy that people invest in the laws of their society, with the guarantee that they will be protected from others who violate such rules. The other concepts of this philosophy are the following (Tibbets & Hemmens, 2010): 1. Democracy, which emphasizes that every person in society should have a say in 2\. Individual\'s right to the pursuit of life, liberty and happiness 3\. Human beings are rational and therefore have free will. Criminology as a discipline has evolved into three phases, beginning in the **18th century**. Although crime and criminals have been around for as long as societies have existed, the systematic study of these phenomena did not begin until the late 1700s. When scholars first distinguished crime from sin, they made possible explanations of criminal behavior that were not. theological (religious). This, in turn, allowed for the dispassionate, scientific study of why crime occurs. The development of this study is now known as the era of **classical criminology.** By the mid-18th (Siegel, 1998), social philosophers began to rethink the prevailing concepts of law and justice. They argued for a more rational approach to punishment, stressing the relationship between crimes and their punishment should be balanced and fair. This view was based on the prevailing philosophy of the time, **\"utilitarianism,\"** which emphasized that behavior occurs when the actor considers it useful, purposeful, and reasonable. Philosophers called for more moderate and just approach to penal sanctions, which could substitute for the cruel public executions designed to frighten people into obedience. The development of this study is known as the era of classical criminology*.* The writings of **Cesare Bonesana Marchese di Beccaria** (**Father of Classical Criminology)** and his followers form the core of what today is referred to as **classical criminology**. As originally conceived in the 18th century, the classical criminology theory has the following basic elements: 1. In every society, people have free will to choose criminal or lawful solutions to meet 2. Criminal solutions may be more attractive than lawful ones because they usually 3\. People\'s choice of criminal solutions may be controlled by their fear of punishment. 4\. The more severe, certain, and swift the punishment, the better able it is to control The classical perspective influenced judicial philosophy during much of the late 18th and 19th centuries. Prisons began to be used as a form of punishment, and sentences were geared proportionately to the seriousness of the crime. Capital punishment was still widely used but began to be employed for only the most serious crimes. The byword was \"let the punishment fit the crime.\" **THE CLASSICAL SCHOOL** The Classical \"School\" of Criminology is a broad label for a group of thinkers of crime and punishment in the 18th and early 19th centuries. Its most prominent members, Cesare Beccaria and Jeremy Bentham, shared the idea that criminal behavior could be understood and controlled as an outcome of a \"human nature\" shared by all of us. Human beings were believed to be hedonistic, acting in terms of their own self-interest, but rational, capable of considering which course of action was really in their self- interest. A well-ordered state, therefore, would construct laws and punishments in such a way that people would understand peaceful and non-criminal actions to be in their self-interest through strategies of punishment based on deterrence. **Major Principles of the Classical School** - Human beings are fundamentally rational, and most human behavior is the result of free will coupled with rational choice. - Pain and pleasure are the two central determinants of human behavior. - Punishment, a necessary evil, is sometimes required to deter law violators and to serve as an example to others who would also violate the law. - The root principles of right and wrong are inherent in the nature of things, and cannot be denied. - Society exists to provide benefits to individuals which they would not receive in isolation. - When men and women band together for the protection offered by society, they forfeit some of the benefits which accrue from living in isolation. - Certain key rights of individuals are inherent in the nature of things, and governments which contravene those rights should be disbanded. - Crime disparages the quality of the bond that exists between individuals and society, and is therefore an immoral form of behavior. **Pioneers of the Classical School** ***CESARE BECCARIA** was an Italian philosopher and economist best known for his treatise On Crimes and Punishments. He was born on March 15, 1738 in Milan Italy. His essay, On Crimes and Punishments was published in 1764. The essay had a great success and practical impact in many countries on the principles of penal reforms and human rights as it discussed issues, government (crime and human rights) that were being widely expressed at that time.* **Beccaria\'s Theory** There are three main points in which Beccaria\'s theory rests. They are: **a. Freewill -** Beccaria, like other classical theorist, believe that all individuals have freewill and make choices on that freewill. **b. Rationality** - which means that all individuals rationally look out for their own personal satisfaction. This is key to the relationship between laws and crime. While individuals will rationally look for their best interest, and this might entail deviant acts and the law, which goal is to preserve the social contract, will try to stop deviant acts. ***c. Manipulability -*** which means that universally shared human motive of rational self-interest makes human action predictable and controllable. ***On the Reformation of Criminal Law*** Beccaria gave many examples of how the system should work. He gives the particular principles that a just government would use to maintain the security of the society. He discussed about arrests, arrests, court hearings, detention, prison, death penalty, specific crimes and crime prevention. Some rules that he proposed are: 1\. Laws must be set by legislators 2\. Legislators cannot judge persons 4\. Offenders must be judged by its peers (half of the victim half of the criminal). 5\. Right of the criminal to refuse some jurors. 6\. No secret accusation by government. ***On the Principles of Human Rights*** Beccaria gave rules and principles for the rights of the offender once arrested. Some of these include: 2\. Laws should forbid leading or suggestive questions during trial. ***On the Principles of Punishment*** *Beccaria stated that, \"the certainty of a punishment, even if it be moderate, will always make a stronger impression than the fear of another which is more terrible but combined with the hope of impunity\". To build the connection between the crime and the punishment it is essential that the punishment is prompt, \"the more promptly and the more closely punishment follow upon the commission of a crime, the more just and useful will it be\".* 1\. There should be a set amount of incarceration for each crime. 2\. Individuals should be punished for attempting to commit a crime. 4\. Crimes against persons should be corporal and crimes of theft should be fine. **JEREMY BENTHAM** **was** an English philosopher and lawyer best known for the theory of ***Utilitarianism.*** Thus, given the fame as **\"Father of Utilitarianism\"**. *The **Theory of Utilitarianism** is a philosophy which states that a moral act is one which produces the greatest happiness for the greatest number of people.* ***Bentham\'s Advocacies*** Bentham was strong of advocate of individual and economic freedom, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and decriminalizing of homosexual acts. He also advocated the abolition of slavery and the death penalty, and for the abolition of physical punishment, including that of children. **NEO-CLASSICAL SCHOOL** The **Neo-Classical School of thought** is a continuity of the classical tradition brought about by philosophers who thought of certain modification of the classical thinking. Under the neo-classical school of thought, there are situations or circumstances that made it impossible to exercise freewill which are reasons to exempt the accused from conviction. **POSITIVIST OR ITALIAN SCHOOL (1838-1909)** The second phase (Siegel, 1998) began in the **19th century**, referred to as ***modern criminology***. During this era, criminology distinguished itself as a subspecialty within the emerging disciplines of psychology, sociology, and economics. In the late 19th century, ***Dr. Cesare Lombroso***, an Italian philosopher founded for the first time ever, the Positivist School of Criminology. Positivism has two main elements. The first is the belief that human behavior is a function of internal and external forces like social factors, wealth, social class, and others. The second element is embracing that scientific method of inquiry to solve problems. Criminologists conducted empirical tests (observations or experiments) of their theories regarding crime, rather than relying solely on speculation, and consequently developed a wide range of theories. The positivist school of thought was a social movement that existed during the mid-1800s and early 1900s. The part of it that was **\"positive\"** was the forward-looking attitude toward social and personal betterment of society and human nature. The term **\"positivism\"** refers to a method of analysis based on the collection of observable scientific facts. Its aim is to explain and most importantly predict the way facts patterns. Sometimes it is called the **Italian School of Thought** because of its composition which are mostly Italians who agreed that in the study of crime the emphasis should be on scientific treatment of the criminal, not on the penalties to be imposed after conviction. Positivism is the search for other multiple factors as the cause of human behavior. It represents a distinct shift from a focus on law and crime control to the inner workings of the criminal mind and what makes it tick. The positivist school of thought maintains the following: **Other than the above ideas, some of the defining features of the positivist school include:** 1\. The demand for facts, for scientific proof. (determinism) ***Positivist Trio*** Cesare Lombroso and his two students, **Enrico Ferri** and **Rafaele Garofalo** were the primary personalities in the positivist school of thought. **1. Cesare Lombroso** (1836 - 1909) - An Italian university professor and criminologist, who became popular for his studies and theories in the field of Characterology, or the relation between mental and physical characteristics of a person. He was the **founder** of the **positivist school of thought** and commonly considered today as the **\"Father of Modern Criminology\".** During the latter part of the 19th century, criminology was accepted as a field of study by the department of sociology of a growing university in the United States. Since that time, sociologists in the United States have made systematic studies of crimes and criminals. The third phase, which began in the second half of the **21st century**, may best be called **Independent criminology.** During this period, criminology began to assert its independence from the traditional disciplines that spawned it. Criminological theories have become more multidisciplinary because independent criminologists seek to understand crime itself rather than study crime as one aspect of an overall sociological or psychological theory. **To summarize the history:** The **first stage-** was a long The **second stage** The **third stage-** --was \"rational which Comte called the understanding,\" in which positivist stage- logical reasoning and understanding came intuition of life are primarily from applying applied. the scientific method. *Graphical Representation of the History of Criminology* ***Classifications of Criminals by Lombroso*** **1. The *Born Criminal*** --- those that had pathological symptoms common with imbecile and the epileptic. He argued that if criminal behavior is inherited then the **\"born criminal**\" could be distinguished by associated physical characteristics such as: a\. large jaws, forward projection of jaw b\. low sloping forehead c\. high cheekbones d\. flattened or upturned nose e\. handle-shaped ears f\. hawk-like noses or fleshy lips to g\. hard shifty eyes h\. scanty beard or baldness i\. insensitivity to pain j\. long arms relative to lower limbs **2. The Insane Criminal** - those who commit crime due to abnormalities or psychological disorders. This criminal type includes the alcoholic, kleptomaniac, nymphomaniac, child molester and the hysterical. **3. The Criminoloid** - one who commits crime due to less physical stamina or self-control. **4. The Occasional Criminal-** one who commits crime due to insignificant reasons that pushed them to do on a given occasion. ***5. The Pseudo-criminal-*** one who kill in self- defense. **6. The Criminal by Passion** - individuals who are easily influenced by great emotions like fit of anger. 2. His research led to postulating theories for crime prevention methods to be the mainstay of law enforcement, as opposed to punishment of criminals after their crimes had taken place. He became one among the founder of the positivist school but more *focused on psychological and social positivism as opposed to the biological positivism of Lombroso.* **Classification of Criminals According to Ferri** **1. The born or instinctive criminal** - who carries from birth, through unfortunate heredity from his progenitors, a reduced resistance to criminal stimuli and also an evident and precocious bas propensity to crime. **2. The insane criminal** affected by a clinically identified mental disease or Neuro-psychopathic condition which groups him with the mentally diseased. **3. The passional criminal-** who, in two varieties, the criminal through passion (a prolonged and (explosive chronic mental state), or through emotion and unexpected mental state), represents a type at the opposite pole from the criminal due to congenital tendencies. ***4. The occasional criminal-*** who constitutes the majority of lawbreakers and is the product of family and social milieu more than that of abnormal personal physio-mental conditions. **5. The habitual criminal**, or the criminal by acquired habit, who is mostly a product of social environment in which due to abandonment of his family, lack of education, poverty, and bad companions, and already in his childhood begins as an occasional offender. 3. Influenced by the Lombroso\'s theory of atavistic stigmata (man\'s inferior/ animalistic behavior), he traced the roots of criminal behavior not to physical features but to their psychological equivalents, which he called **\"moral anomalies\".** He attempted to formulate a sociological definition of crime that would designate those acts be repressed by punishment. These which can constituted **\"Natural Crime\"** - that conduct that would offend the society\'s basic altruistic altruistic sentiments common to all people, namely, probity (revulsion against the voluntary infliction of suffering on others) and pity (respect for property rights of others). Crime is an immoral act that is injurious to society. Garofalo, believed that this moral was hereditarily anomaly transmissible\" and \"established by unimpeachable evidence.\" Garofalo believed that congenital and inherited factors are important, and he downplayed external factors. **Significantly, Garofalo suggested the following:** 1\. Death for those whose criminal acts grew out of a permanent psychological anomaly, rendering them incapable of social life. 2\. Partial elimination or long-time imprisonment atom for those fit only for the life of nomadic hordes or primitive tribes. 3\. Enforced reparation on the part of those who have lack altruistic but sentiments committed their crimes under the pressure of exceptional circumstances is not likely to do so again. **Types of Criminals According to Garofalo** **1. Murderers -** those who are satisfied from vengeance/revenge. ***2. Violent Criminals** those who commit very serious crimes.* **3. Deficient Criminals -** those who commit crime against property. **4. Lascivious Criminals -** those who commit crime against chastity. **Approaches in the Study of Criminology** **Subjective Approaches** It deals mainly on the biological explanation of crimes, focused on the forms of abnormalities that exist in the individual criminal before, during and after the commission of the crime. Included under this approach are: ***a. Anthropological Approach -*** the study of the physical characteristics of an individual offender with non-offenders in the attempt to discover differences covering criminal behavior (Hooton). **b. Medical Approach** - the application of medical examinations on the individual criminal explain the mental and physical condition of the individual prior and after the commission of the crime (Positivist). ***c. Biological Approach -***the evaluation of genetic influences on criminal behavior. It is noted that heredity is one force pushing the criminal to the crime (Positivist). ***d. Physiological Approach-*** the study of the nature of human beings concerning his physical needs in order to satisfy his wants. ***e. Psychological Approach -*** it is concerned about the deprivation of the psychological needs of man, which constitute the development of deviations of normal behavior resulting to unpleasant emotions (Freud, Maslow). ***f. Psychiatric Approach***-the explanation of crime through diagnosis of mental diseases as a cause of the criminal behavior (Positivist). ***g. Psychoanalytical Approach***- the explanation of crimes based on the Freudian Theory, which traces behavior as the deviation of the repression of the basic drives (Freud). **Objective Approaches** The objective approaches deal with the study of groups, social processes and institutions as influences to behavior. They are primarily derived from the social sciences. Under these approaches are: ***a. Geographic* Approach-** this approach considers topography, natural resources, geographical location, and climate lead an individual to commit crime (Quetelet). **b. Ecological Approach** - it is concerned with the biotic grouping of men resulting in migration, his competition, social discrimination, division of labor and social conflict as factors of crime (Park). **c. Economic Approach** - it deals with the explanation of crime concerning financial security of inadequacy and other necessities to support life as factors to criminality (Merton). **d. Socio-Cultural Approach** - those that focus on institutions, economic, financial, education, political, and religious influences on crime (Cohen). **Contemporary Approaches** Modern days put emphasis on scientific modes of explaining crime and criminal behavior. This approach focuses on the psychoanalytical, psychiatric, sociological explanations of crime in an integrated an explanatory perspective that merges theory concepts drawn from different sources (Schmalleger, 2015). **CRIMINOLOGY IN THE PHILIPPINES** ***Philippine Legal System*** In Philippine context, the study of crimes and criminal behavior is very recent. However, criminology in general can be traced back along with the development of the Philippine criminal code and the legal system. For instance, the indigenous systems of law varied in the villages. These laws were based on traditional beliefs and customs and were enforced by a recognized ruling elite who retained their status and control by maintaining a comparatively high level of wealth. Punishment varied depending on the severity of the crime and the person against whom it was perpetrated. Death was a common sentence, although it may not have been commonly carried out. It was frequently commuted to a fine which the guilty party had to pay within a set period of time. Failure to pay would result in enslavement. The guilty could also be incarcerated. The legal system was a hybrid, reflecting the country\'s cultural and colonial history. The system- combined elements of Roman civil law of Spain, Anglo- American common law introduced by the United States, and the customary systems used by minorities. The influence of Spanish law was slowly fading but was clearly evident in private law, including family and relations, property matters, contracts. The influence of American law was most visible in constitutional and corporate law, and taxation and banking. Evidentiary rules also were adopted from the American system. In the Muslim areas of the south, Islamic law was employed. Philippine law dates to the nation\'s independence from Spain at the end of the nineteenth century. Statutes were enacted by the colonial. Philippine legislature (1900-35), the commonwealth legislature (1935-46), and of the republic, beginning July 4, 1946. Many modern laws were patterned after the United States, and United States case law was cited and given persuasive effect in Philippine courts. As of the mid-1980s, there were twenty-six codes in effect. These included the 1930 Revised Penal Code, in effect since ***January 1, 1932***, and the civil code, which replaced the Spanish civil code on ***July 1, 1950***. In addition, numerous presidential decrees issued during and after the martial law period (1972-81) had the effect of law. During this era, President Marcos issued more than 2,000 decrees. Although some were rescinded by Aquino during her first year in office. Rule by presidential decree ended in February 1987 with the ratification of the constitution. Substantive criminal law was embodied in the Revised Penal Code, as amended, and based chiefly on the Spanish penal code of 1870, which took effect in 1887. The penal code sets forth the basic principles affecting criminal liability, established a system of penalties, and defined classes of crimes. ***Scientific Studies for Philippine Criminology*** While Philippine criminology rooted from the experiences of violence brought about by the pre-Spanish era to the second world war up to the Martial Iaw years and to the EDSA Revolution, the earliest known scientific work of a criminologist in the country can be drawn from the studies conducted by ***Ignacio Villamor -*** Criminality in the Philippines, 1903-1908 which was published in 1909, originally written in Spanish. Villamor\'s work focused on the analysis of the crime data from 1903 to 1908 which were based on court cases. According to recent studies (Gutierrez, 2009), Villamor looked into the variables that may be related to the distribution, increase, and decrease of crime volume. Some of the variables included are the province where the crime took place, background of the offender including sex, marital status, education, and occupation, the legal classification of crimes such as crimes against persons, property, and morals. Court-based data on crime during the Spanish period from 1865 to 1885 were also reviewed according to the report. Another Villamor\'s work was Crime and Moral Education, published in 1924. In this book, he argued that the most appropriate solution to crime is moral education (Gutierrez, 2009). With the establishment of the Bilibid prison in 1865 by the Spanish government where Filipino prisoners were confined, the controlled environment of the prison presented a conducive setting for scientific studies and experimentation. Several scientific studies were conducted in the Bilibid prison at the beginning of the American regime. The earliest known study involving the Filipino Criminal was the work of an American anthropologist when he conducted ***Daniel Folkmar*** in 1903 anthropometric measurement among selected Bilibid inmates in an attempt to classify the racial or ethnic types that can be found in the Philippines. His work was an influence of Cesare Lombroso\'s anthropometric work The Criminal Man in Europe in 1876. Folkmar\'s studies resulted in the publication of the book - Album of Philippine Types Found in Bilibid Prison in 1903, Christians and Moros, including a few non-Christians, with published photographs of some 80 prisoners. Another historical figure in criminological studies in the country was a Filipino scholar in the person of ***Sixto De Los Angeles***, a medical doctor and professor at the University of the Philippines who, in 1919, published Studies on Criminal Anthropology in the Philippines, also originally written in Spanish. This published work featured the findings of his clinical studies of inmates at the Bilibid prison conducted in 1917. His book on Legal Medicine / Forensic Medicine established his work over the decades as the leading Filipino forensic expert in the country and became a major reference in legal medicine for generations of students in medicine and law. ***Criminology Education in the Philippines*** The first ever educational institution that offered criminology course is the Philippine College of Criminology (PCCr), at Sta. Cruz, Manila, formerly known as Plaridel College as early as June 11, 1956. PCCr became an educational institution for scientific crime detection entire the Southeast Asia in the 1950\'s. From then on, the school was considered as the pioneering criminology school in the Philippines. In the early part of 1960\'s, criminology course was offered by the following schools: **1. University of Manila 4. University of Mindanao** **2. Abad Santos College 5. University of Baguio** **3. University of Visayas** With the passage of ***Republic Act 6506***, an Act Creating the Board of Examiners for Criminologists in the Philippines, many colleges and universities opted to offer BS Criminology, initially under the field of Arts and Sciences. The passage of ***Republic Act No 11131***, regulates the practice of criminology profession in the country, repealing RA 6506. As per the Commission on Higher Education (CHED), the Programs for Criminal Justice Education in the Philippines is getting bigger and stronger. Accordingly, there are more than 500 hundred criminology schools nationwide with continuous proliferation by state universities and colleges with their local and private counterparts. At present, there are more or less than 300 criminology schools entire the country. Further, the course title was changed from College of Criminology into College of Criminal Justice Education (CCJE) based from **CHED Memorandum Order No. 21**, s. of 2005. Under the same law, Criminology now is only a sub-course or a Department under CCJE including Forensic Science Department, Law Enforcement Administration Department to name a few. In general, psychology is the science of behavior and mental processes. This means that psychologists use the methods of science to investigate all kinds of behavior and mental processes, from the activity of a single nerve cell to the social conflict in a complex society (Bernstein, et al, 1991). In particular, **Criminal Psychology** is a sub-field of general psychology where criminal behavior is only, in part by which phenomenon psychologists choose to study. It may be defined as the study of criminal behavior, the study of criminal conduct and activities in an attempt to discover recurrent patterns and to formulate rules about his behavior. A major description of criminal psychology is the word **behavior.** **Behavior** refers to actions or activities (Kahayon, 1985). To the criminologist, behavior is the observable actions because he is more interested in actions and reactions that can be seen and verified than in concepts, which cannot be directly verified. **Classification of Behaviors** **Normal Behavioral** They are known as adaptive or adjusted behavior; they are standard behaviors - the totality accepted behavior because they follow the standard norms of society. Atkinson (1993) presented that understanding criminal behavior includes the idea of knowing what characterized a normal person from an abnormal one. A normal person is characterized by having an efficient perception of reality, self- knowledge, ability to exercise voluntary control over his behavior, self-esteem and acceptance, productivity, and the ability to form affectionate relationship with others. **Abnormal (maladaptive) Behavior** A group of behaviors that are also known as maladaptive or maladjusted - they are deviant from social expectations because they go against the norms or standard behavior of society. **Abnormal Behavior and the Law** Abnormal behavior in its legal points of view declares that a person is **insane** largely on the basis of his inability to judge between right and wrong or to exert control over his behavior (Bartol, 1995). The term **insanity** may be used to signify that a person is not responsible for criminal conduct if, at the time of the offense, as a result of a severe mental disease or defect, he was unable to appreciate the nature and quality or the wrongfulness of his acts. Under Philippine law, **insanity** and **imbecility** are considered exempting circumstances under Article 12 of the Revised Penal Code. Exempting circumstances are those which excuses a person of his or her criminal liability by virtue of any of the exempting circumstances defined by law. Insanity exists when there is complete deprivation of intelligence. A mere abnormality of the mental faculties will not exclude imputability. **Imbecility** exists when a person of advanced age has the mental development comparable to that of a child between two and seven years of age. An **insane person** is not exempt if it can be shown that he acted during a lucid interval. But an **imbecile** is exempt in all cases from criminal liability. **Imbeciles** are people with moderate to *severe mental retardation, as well as a type of criminal. The term arises from the Latin word **imbecillus,** meaning **weak, or weak-minded**. It included people with an Intelligence Quotient (IQ) of **26-50**, between **\"moron\"** (IQ of **51-70**) and **\"idiot\"** (IQ of 0-25). The term imbecile, moron, and idiot go along with the term feeble-mindedness which encompasses all degrees of mental deficiency. But in recent times, these terms are viewed to be derogatory, hence, they are now called **\"*****Standards of Insanity Defense** A person accused of a crime can acknowledge that he committed the crime, but argue that he is not responsible for it because of mental illness. **The following are standards of insanity defense:** **1. The M\'Naghten Rule** - not knowing right from wrong - A defense on the ground of insanity to be established, it must be clearly proved that, at the time of the committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong. (The Daniel M\'Naghten\'s Case, 1843) **2. The Irresistible Impulse Test** - It provides an accused cannot be guilty by reason of insanity because the mind of the accused was in a diseased and unsound state, that the disease existed to a high degree which overwhelmed the reason, conscience, and judgment of the person acted from an irresistible and uncontrollable impulse. **3. The Durham Rule-** *The rule states that an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect. (Monte Durham Case, 1953)* **4. The Brawner Rule -** *It provides that \"A person is not responsible for criminal conduct if at the time of the such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality \[wrongfulness\] of his conduct or to conform his conduct to the requirements of law.\" (American Law Institute, Toive 1985, Sec. 4.01)* The view that normal and abnormal behavior is different in kind simply does not exist. There are not \"normal\" people on the one hand and \"abnormal\" people on the other. Rather, adjustment seems to follow what is called Normal Distribution - most people are moderately well adjusted, with minor maladaptive patterns, a few at one other extreme enters mental clinics and a few at the other extreme lead satisfying and effective lives (Coleman, 1980). **Kinds of Behavior** 1. ***Overt or Covert- Behavior*** that is outwardly manifested or that are directly observable are **overt behaviors**. On the other hand, **covert behavior** is behavior that is hidden- not visible to the naked eye. 2. **Conscious or Unconscious Behavior -** Behavior is **conscious** when acts are within the level of awareness. It is **unconscious** when acts are embedded in one\'s subconscious unaware. 3. **Simple or Complex Behavior** - These are acts categorized according to the number of neurons involved in the process of behaving. **Simple behavior** involves a smaller number of neurons while **complex behavior** involved a greater number of neurons - a combination of simple behaviors. 4. **Rational or Irrational Behavior** - There is **rational behavior** when a person acted with sanity or reason and there is **irrational behavior** when the person acted with no apparent reason or explanation - as when a man loses his sanity and laugh out loud at nobody or nothing in particular. 5. **Voluntary or Involuntary Behavior -** **Voluntary behavior** is an act done with full volition or will such as when we discriminate, decide or choose while **involuntary behaviors** refer the bodily processes that goes on even when we are awake or asleep like respiration, circulation and digestion. **ASPECTS OF BEHAVIOR** ***a. Intellectual Aspect Intellectual Aspect*** - this aspect of behavior pertains to our way of thinking, reasoning, solving, problem, processing info and coping with the environment. ***b. Emotional Aspect -** this pertains to our moods, temper, and strong* feelings, motivational force. ***c. Social Aspect*** this pertains to how we interact or relate with other people. **d. Moral Aspect -** this refers to our conscience and concept of what is good or bad. ***e. Psychosexual Aspect -*** this pertains to our being a man or a woman and the expression of love. **f. Political Aspect -** this pertains to our ideology towards society/government. **g. Value/Attitude -** this pertains to our interest towards something, our likes and dislikes. These three elements compose the **Anatomy of Crime** 1. **Motive** refers to the reason or cause why a person or group of people will perpetrate a crime. Examples are economic gain, jealousy, revenge, insanity, thrill, intoxication, drug addiction and many others. 2. **Instrumentality** is the means or implement used in the commission of the crime. Examples are firearms, a knife, poisonous substance, crow bar, motor vehicle and many others. Both motive and Instrumentality belong to and harbored and wielded respectively by the criminal. 3. **Opportunity** consists of the acts of omission and/or commission by a person (the victim), which enables another person or group of persons (the criminal/s) to perpetrate the crime. **Determinants of Behavior** **Hereditary (Biological Factors)** This refers to the genetic influences, those that are explained by heredity, the characteristics of a person acquired from birth transferred from one generation to another. It explains that certain emotional aggression, our intelligence, ability and potentials and our physical appearance are inherited. **Environmental Factors** This refers to anything around the person that influences his action (his socio-cultural influences). Coleman (1980) mentioned the following environmental factors: **Family Background** - it is a basic consideration because it is in the family whereby an individual first experiences how to relate and interact with others. The family is said to be the **cradle of personality development.** **Childhood Trauma** - the experiences, which affect the feeling of security of a child undergoing developmental processes. **Pathogenic Family Structure -** those families associated with a high frequency of problems such as: **a. Inadequate family**- characterized by the inability to cope with the ordinary problems of family living. It lacks the resources, physical or psychological, for meeting the demands of family satisfaction. **b. Anti-social family**- those that spouse unacceptable values as a result of the influence of parents to their children. **c. Discordant or Disturbed family -** characterized by non-satisfaction of one or both parents from the relationship that may express feelings of frustration. **d. Disrupted family**- characterized by incompleteness whether as a result of death, divorce, separation or some other circumstances. **Other Determinants of Behavior** In order to further understand and provide answers to the question why do some people behave criminally? it is important to study the other determinants of behavior. **Needs and Drives -** **Need** according to a drive reduction theory, is a biological requirement for well-being of the individual. This need creates drives a psychological state of arousal that prompts someone to take action (Bernstein, et al, 1991). **Drive** therefore is an aroused state that results from some biological needs. **Motivation** - refers to the influences that govern the initiation, direction, intensity, and persistence of behavior (Bernstein, et al, 1991). **Drives** are states of comfortable tension that spur activity until a goal is reached. Drive and motivation are covered in the world of psychology, for they energize behavior and give direction to man\'s action. **Maslow\'s Hierarchy of Needs**  The pyramidal presentation shows that from the bottom to the top of the hierarchy, the levels of needs or motives are: **1. Biological or Physiological Needs*-*** these motives include the need for food, water, oxygen, activity, and sleep. **2. Safety Needs -** these pertains to the motives of being cared for and being secured such as in income and place to live. **3. Love/Belongingness** - **Belongingness** is the integration into various kinds of social groups or social organizations. Love needs means need for affection. **4. Cognitive Needs -** our motivation for learning and exploration. **5. Esteem Needs -** our motivation for an honest, fundamental respect for a person as a useful and honorable human being. **6. Aesthetic Needs** - our motivation for beauty and order. ***7. Self- actualization -*** pertains to human total satisfaction, when people are motivated not so much by unmet needs, as by the desire to become all they are capable of (self-realization). **Frustration, Conflict and Anxiety** **Frustration** refers to the unpleasant feelings that result from the blocking of motive satisfaction. It is a form of stress, which results in tension. It is a feeling that is experienced when something interferes with our hopes, wishes, plans and expectations (Coleman, 1980). **Some common sources of frustration are:** **a. Physical obstacles -** are physical barriers or circumstances that prevents a person from doing his plan or fulfilling his wishes. **b. Social Circumstances -** are restrictions or circumstances imposed by other people and the customs and laws of social living. **c. Personal Shortcoming -** such as being handicapped by diseases, deafness, paralysis, etc. which serves as a barrier to the things one ought to do. **Conflict** refers to the simultaneous arousal of more in compatible motives resulting to unpleasant emotions. It is a source of frustration because it is a threat to normal behavior (Berstein, et al, 1991). **Anxiety** is an intangible feeling that seems to evade any effort to resolve it. It is also called neurotic fear. It could be intense, it could be low and can be a motivating force (Coleman, 1980). **Stress** is the process of adjusting to or dealing with circumstances that disrupts or threatens to disrupt a person\'s physical or psychological functioning (Bernstein, et al, 1991). **Causes Of Criminal Behavior** The commission of a crime may be the result of complicated factors and causes. The following are some of the perspectives about the causes of criminal behavior (Coleman, 1980). **1. Anxiety (Psychological Perspective)** - stressful situations that when become extreme may result in maladaptive behavior. **2. Faulty Learning (Behavior Perspective)-** the failure to learn the necessary adaptive behavior due to wrongful development. **3. Blocked of Distorted Personal Growth** (Humanistic Perspective) - presumably, human nature tends towards cooperation and constructive activities, however, if we show aggression, cruelty or other violent behavior, the result will be an unfavorable environment. **4. Unsatisfactory interpersonal relationship-** self-*concept in early childhood by over critical parents by rigid socialization measures* usually causes deviant behaviors among individuals because they are not contented and even unhappy with the (kind of social dealings they are facing. **5. Pathological social conditions**- poverty, social discrimination, and destructive violence always results to deviant behavior. Regardless of one\'s theoretical, orientation, to several terms are in common usage regarding the **causes of criminal behavior**, the following are used: **1. The Primary Cause -** used to designate the condition without which the disorder would not have occurred. The main reason of the existence of the disorder. ***2. The Predisposing Cause -*** a condition that comes before and paves the way for a possible later occurrence of disorder under certain conditions. **3. The Precipitating Cause *-*** a condition that proves too much for the individual and triggers the disorder. ***4. The Reinforcing Cause - a condition that tends to maintain maladaptive behavior that is already occurring.*** **Patterns Of Criminal Behavior** **Neurosis** and **Psychosis** are terms used to describe the mental status of a certain psychologically unstable person. They are frequently used in reports and articles and even in everyday conversations, so today\'s criminologists and law enforcement personnel are expected to be familiar with them (Wicks, 1974). **NEUROTIC (Psychoneurotic) BEHAVIORS** **Neurotic/Psychoneurotic behaviors** are groups of mild functional personality disorders in which there is no gross personality disorganization, the individual does not lose contact with reality, and hospitalization is not required. Neurosis embraces a wide range of behaviors that are the core of most maladaptive lifestyle. **Basic to this neurotic lifestyle are:** **1. Neurotic Nucleus -** the faulty evaluation of reality and the tendency to avoid rather that to cope with stress. It is characterized by anxiety, avoidance instead of coping, and blocked personal growth.) **2.** **Neurotic Paradox -** the tendency to maintain the lifestyle despite its maladaptive nature. It is by unhappiness of characterized by and dissatisfactions. \"The neuroses\" are grouped into the following disorders: **A. Anxiety Disorders** **Anxiety disorders** are commonly known as **\"neurotic fear\".** When it is occasional but intense, it is called \"panic\". When it is mild but continuous, it is called **\"worry\"** which is usually accompanied by physiological symptoms such as sustained muscular tension, increased blood pressure, insomnia, etc. These disorders are characterized by mild depressions, fear and tensions, and mild stresses. **Classification of Anxiety disorders** 1. **Obsessive-compulsive disorders**- usually centered on fear that one will submit to an uncontrollable impulse to do something wrong. Compulsion on the other hand resulted from repetitive acts (Wicks, 1974). An **obsessive-compulsive disorder** is characterized by the following: When an individual is compelled to think about something that he do not want to think about or carry some actions against his will, and the experience of persistent thoughts that we cannot seem to get out of our minds such as thoughts about haunting situations. 2. **Asthenic Disorders (Neurasthenia)** An anxiety disorder characterized by chronic mental and physical fatigue and various aches and pains. Symptoms include spending too much sleep to avoid fatigue but to no avail, even feel worse upon awake, headaches, indigestion, back pains, and dizziness. 3. **Phobic Disorders -** These refer to the persistent fear on some objects or situation that present no actual danger to the person. ***Examples of Phobia*** **Phobia** **Object of Fear** ------------------------ --------------------- Acrophobia High Places Agoraphobia Open places Algophobia Pain Astrophobia Storms/Lightning Claustrophobia Closed Places Hematophobia Blood Mysophobia Contamination/germs Hydrophobia/Aquaphobia Water Monophobia Being Alone Nyctophobia Darkness Ocholophobia Crowds Patholophobia Disease Pyrophobia Fire **B. Somatoform Disorders** Complaints of bodily symptoms that suggest the presence of physical problem, but no organic basis can be found. The individual is pre-occupied with his state of health or diseases. **Classification of Somatoform** 1. **Hypochondriasis**- This refers to the excessive concern about state of health or physical condition (multiplicity about illness) A hypochondriacal person tends to seek medical advices, but his fear is not lessened by his doctor\'s reassurances, and he may be disappointed when no physical problem is found. 2. **Psychogenic Pain Disorder**- It is characterized by the report of severe and lasting pain. No physical basis is apparent reaction greatly in excess of what would be expected from the physical abnormality. 3. **Conversion Disorders (Hysteria)-** It is a neurotic pattern in which symptoms of some physical malfunction or loss of control without any underlying organic abnormality. **Sensory Symptoms of Hysteria** **1. Anaesthesia** - loss of sensitivity **2. Hyperesthesia** - excessive sensitivity **3. Hypesthesia -** partial loss of sensitivity to pain **4. Analgesia -** loss of sensitivity to pain **5. Paresthesia** - exceptional sensation **Motor Symptoms of Hysteria** **1. Paralysis -** selective loss of function **2. Astasia-abasia-** inability to control leg when standing **3. Aphonia -** partial inability to speak **4.** **Mutism -** total inability to speak **C. Dissociative Disorders** A response to an obvious stress characterized by amnesia, multiple personality, and depersonalization. **Amnesia**- The partial or total inability to recall or identify past experiences following a traumatic incident. **1. Brain pathology amnesia** - total loss of memory and it cannot be retrieved by simple means. It requires a long period of medication. **2. Psychogenic amnesia-** failure to recall stored information and still they are beneath the level of consciousness but \"forgotten material.\" **Multiple Personality** It is also called \"dual personalities.\" The reason manifests two or more symptoms of personality usually dramatically different from each other. **Depersonalization**- The loss of sense of self or the so-called out of body experience. There is a feeling of detachment from one\'s mental processes or body or being in a dream state. Cases of somnambulism (sleepwalking) may fall under this disorder. **The Psychopathic Behaviors** This pertains to the second group of abnormal behaviors, which typically stemmed from immature and distorted personality development, resulting in persistent maladaptive ways of perceiving and thinking. They are generally called **\"personality or character disorders\".** These groups of disorders are composed of the following: **A. Personality Disorders** The disorder of character, the person is characterized as a \"problematic\" without psychoses. This disorder is characterized disrupted personal relationship, dependent or passive aggressive behavior. **The classifications of personality disorders are:** **a. Paranoid Personality Disorder**- It is characterized by suspicious, rigidity, envy, hypersensitivity, excessive self-importance, with being argumentative and tendency to blame brothers of one\'s own mistakes. **b. Schizoid Personality Disorder** - This is characterized by the inability to form social relationship and lack of interest in doing so. The person seems to express their feelings, they lack social skills. They are the so-called **\"loners\".** **c. Schizotypal Personality Disorder -** It is characterized by seclusiveness, over sensitivity, avoidance of communication and superstitious thinking is common. **d. Histrionic Personality Disorder**- It is characterized by immaturity, excitability, emotional instability and self-dramatization. **e. Narcissistic Personality Disorder-** lt is characterized by an exaggerated sense of self- importance and pre-occupation with receiving attention. The person usually expects and demands special treatment from others and disregarding the rights and feeling of others. **f. Borderline Personality Disorder.** It is characterized by instability reflected in drastic mood shifts and behavior problems. The person usually displays intense anger outburst with little provocation and he is impulsive, unpredictable, and periodically unstable. **g. Avoidant Personality Disorder** - It is characterized by hypersensitivity to rejection and apprehensive alertness to any sign of social derogation. The person is reluctant to enter into social interaction. **h. Dependent Personality Disorder**- It is characterized by extreme dependence on other people there is acute discomfort and even panic to be alone. The person lacks confidence and feels helpless. **i. Passive-Aggressive Personality Disorder -** It is characterized by being hostile expressed in indirect and non-violent ways. They are so called **\"stubborn\".** **j. Compulsive Personality Disorder -** It is characterized by excessive concern with rules, order, and efficiency that everyone does things their way and an ability to express warm feeling. The person is over conscientious, serious, and with difficulty in doing things for relaxation. **k. Antisocial Personality Disorder** - It is characterized by continuing violation of the rights of others through aggressive, anti-social behavior without remorse or loyalty to anyone. The term ***Anti-social Personality*** is actually the **\"psychopathic personality disorder\".** The person lacks ethical or moral development and the inability to follow approved models of behavior. They are the **\"unsocialized\"** people, which often bring them conflict with the society. They may refer to mixed groups of individuals such as unprincipled business people, crooked politicians, imposters, drug pushers, quack doctors, prostitutes, etc. **B. Criminal Behavior** **Dyssocial Personality** is the term used to refer to these individuals (not anti-social) but particularly those who violate law and practice \"crime as a profession\". They are not normally associated with any significant personality disturbances. **Criminal Behavior** refers to the human conduct focused on the mental processes of the criminal - the way he behaves or acts including his activities and the causes and influences of his criminal behavior. **Psychotic Behaviors** The **Psychotic Behaviors** are groups of disorders involving gross structural defects in the brain tissue, severe disorientation of the mind thus it involves loss of contact with reality. **A. Organic Mental Disorders** A diagnosis of organic mental disorder is associated with a specific, identified organic cause, such as abnormalities of the brain structure. These are mental disorder that occurs when the normal brain has been damage resulted from any interference of the functioning of the brain. **Types of Organic Mental Disorders** 1. **Acute brain disorder *-*** caused by a diffuse impairment of the brain function. Its symptoms range from mild mood changes to acute delirium. 2. **Chronic brain disorder -** the brain disorder that result from injuries, diseases, drugs, and a variety of other conditions. Its symptoms include impairment of orientation (time, place and person), impairment of memory, learning, comprehension and judgment, emotion and self-control. **Groups of Organic Mental Disorders** **Delirium -** the severe impairment of information processing in the brain affecting the basic process of attention, perception, memory and thinking. ***Dementia***- deterioration in intellectual functioning after completing brain maturation. There is a defect in the process of acquiring knowledge or skill, problem solving, and judgment. **Amnestic Syndrome -** the inability to remember ongoing events more than a few minutes after they have taken place. ***Hallucinosis***- the persistent occurrence of hallucinations, the false perception that arises in full wakefulness state. This includes hallucinations visual and hearing or both. **Organic Delusional Syndrome -** the false belief arises in a setting of known or suspected brain damage. **Affective Syndrome** -A the extreme/severe manic or depressive state with the impairment of the cerebral function. **Organic Personality Syndrome -** the general personality changes following brain damage. **General Paresis** - also called **\"dementia paralytica\"**, a syphilitic infection of the brain. **B. Disorders Involving Brain Tumor** A **tumor** is a new growth involving abnormal enlargement of body tissue. Brain tumor can cause a variety of personality alterations, and it may lead to any neurotic behavior and consequently psychotic behavior. **C. Disorders Involving Head Injury** Injury to the head as a result of falls, blows and accidents causing sensory and motor disorders; and mental disorder such as: **Retrograde Amnesia** the inability to recall events immediately preceding the injury. **Auditory Asphasia** - loss of ability to understand spoken words. ***Expressive Aphasia -*** loss of ability to speak required words. **Nominal Aphasia -** loss of ability to recall names of objects. **Alexia -** loss of ability to read. **Apraxia** - loss of ability to perform simple voluntary acts. **D. Senile and Presenile Dementia** ***Presenile Dementia***- mental disorder associated with earlier degeneration of the brain. **E. Mental Retardation** **Mental retardation** is a mental disorder characterized by sub-average general functioning existing concurrency with deficits in adaptive behavior. It is a common mental disorder before the age of 18. The person suffers from low I.Q., difficulty in focusing attention and deficiency in fast learning. **F. Schizophrenia and Paranoia** **Schizophrenia** refers to the group of psychotic disorders characterized by gross distortions of realty, withdrawal of social interaction, disorganization and fragmentation of perception, thoughts and emotion. It also refers to terms such as \"**mental deterioration\"**, **\"dementia praecox\"**, or **\"split mind\"**. **Types of Schizophrenia** **1. Simple Schizophrenia** (Undifferentiated Type) - the schizophrenia in which symptoms are rapidly changing mixture of all primary indicators of schizophrenia. **2. Paranoid Schizophrenia -** it is the illogical, changeable delusions frequently accompanied by vivid hallucinations, with a resulting impairment of critical judgment, unpredictable and occasionally dangerous behavior. **3. Catatonic Schizophrenia -** it is the altering period of extreme withdrawal and extreme om excitement. ***4. Hebephrenic* Schizophrenia** (Disorganized Type) - there is emotional distortion manifested in inappropriate laughter, peculiar mannerism, and bizarre behavior. **5. Residual Schizophrenia -** is used for persons who have had a prior episode of schizophrenia but currently are not displaying active delusions, hallucinations, or overall disorganization of behavior. **PARANOIA** is a psychosis characterized by a systemized delusional system. A delusion is a firm belief opposed to reality but maintained despite strong evidence to the contrary. It is also a psychosis characterized by delusion of apprehension following a failure or frustration. Symptoms of the disorder include feeling of being mistreated, ignored, stolen from, spied upon, and suspicious. **Addictive Disorders** **Addictive behavior** is any activity, substance, object, or behavior that becomes the major focus of a person\'s life resulting in a physical, mental, and/or social withdrawal from their normal day to day obligations. ***Alcoholism or \"problem*** **drinking\"** is an addictive source of human disorders. It is evident by its general effects as follows: a\. It serves as a depressant. b\. It numbs the higher brain center. c\. It Impairs judgment and other rational. d\. It lowers self-control. e\. Deterioration of perception. **Drug abuse** or the inappropriate/misuse is a threat to normal behavior. It is an addictive disorder, the fact that causes both physical and psychological dependency to the drug. **Drug tolerance** is a biological state that occurs when the body adapts to the current amount of the substance. **Pathological Gambling -** is an addictive form of disorder although it does not involve chemically addictive substances. It usually begins in early adolescence in men, and between ages 20 and 40 in women. **Internet Addiction** is a disorder that refers to the problematic use of the internet, including the various aspects of its technology, such as electronic mail (e-mail) and the World Wide Web. Internet addiction has been formally recognized as a disorder by the American Psychological Association. **SEXUAL DISORDERS** **Sexual deviations** to the impairment to either the desire for sexual gratification or in the ability to achieve it. The sexual disorders are common causation of sex crimes. Solis (1987) presented the criminological characteristics of sex crimes as: a\. an ancient and universal crime, b\. there is close contact between offender and victim, c\. it is committed by one sex against the opposite sex, d\. sex is an inborn instinct, e\. sex act as crime depends on the existing moral value of society, f\. many sex crimes are committed and not reported, g\. it is committed in strict privacy, h\. it is a common crime among the lower class of society, i\. unlike other crimes, sex crimes can be pardoned by marriage, j\. there is a seasonal variation in the frequency of its commission, k\. severity of punishment does not deter its commission, l\. Its consequence (pregnancy) becomes a legal problem, m\. the usual victims are children, n\. psychic trauma suffered by the victim varies with the moral standard of the victim. **Sexual behaviors leading to Sex Crimes** **As to Sexual Reversals** **Fetishism -** sexual gratification is obtained by looking at some body parts, underwear of the opposite sex or other objects associated with the opposite sex. **As to the Choice of Partner** **Bestiality -** the sexual gratification is attained by having sexual intercourse with animals. **Gerontophilia-** is a sexual desire with an elder person. **Necrophilia --** an erotic desire or actual intercourse with a corpse. **As to Sexual Urge** **Satyriasis** - an excessive (sexual urge) desire of men to have sexual intercourse. **As Mode of Sexual Expression** - **Oralism -** it is the use of mouth or the tongue as a way of sexual satisfaction. - **Sado-Masochism** (Algolagnia) - pain/cruelty for sexual gratification. a. **Sadism -** achievement of sexual stimulation and gratification through the infliction of physical pain on the sexual partner. It may also be associated with animals or objects instead of human beings. b. ***Masochism***- infliction of pain to oneself to achieve sexual pleasure. **As to Part of the Body** **Sodomy -** is a sexual act through the anus of the sexual partner. **Frottage -** the act of rubbing the sex organ against body parts of another person. **Partailism -** it refers to the sexual libido on any part of the body of a sexual partner. **As to Visual Stimulus** **Voyeurism -** the person is commonly called **\"the bonis peeping Tom\"**, an achievement of sexual pleasures through clandestine peeping such as peeping to the dressing room, couples\' room, toilets, etc. and frequently the person masturbate during the peeping activity. **Scoptophilia** - the intentional act of watching people undress or during sexual intimacies. **As to Number of Participants in the Sexual Act** **Troilism** - three persons participate in sex orgy such as two women versus on man or vice versa. **Pluralism -** group of persons in sexual orgies such as couple to couple sexual relations. It is also called **\"sexual festival\".** **Other Sexual Abnormalities** **Coprolalia -** the use of obscene language to achieve sexual satisfaction. I. **Don Juanism** - the act of seducing women as a career without permanency of sexual partner or the companion. **THEORY** - **Theory**- These are Ideas or explanations we create to understand how or why somethings happens. **ELEMENTS OF A GOOD THEORY** - A good theory is said to provide a foundational lens through which to interpret and understand the manifestation of a behavior. - A theory is any system of ideas arranged in rational order that produce general principle which increases our understanding and explanations. - Clearly Explains phenomena, relationships, and underlying mechanism. - Simple and avoiding complexity. - Must apply the scientific criteria to test our theories. - Akers and Sellers (2013) have stablished a set of criteria to judge criminological theories: consistency, scope, parsimony, testability, empirical validity, and usefulness. **Criminological theories** - **PARSIMONY** - It is attained by explaining a phenomenon such as criminal activity, in the simplest way possible. - A simple theory is better than a more complex one. - **SCOPE** - It is a trait that indicates how much of a given phenomenon the theory attempts to explain. - The wider the scope of what theory can explain, the better the theory. - **LOGICAL CONSISTENCY** - An extent to which a theory makes sense in terms of its concepts and propositions**.** - **TESTABILITY** - An extent to which a theory can be empirically and scientifically tested. - A good example of such theory is Freud's theory of the psyche. - **EMPIRICAL VALIDITY** - A theoretical model is supported by scientific research. **Theories of crime causation- Historical Overview** **ANTIQUE PHILOSOPHY 4^th^ century BC-** Aristotle offers a philosophical standpoint on crime causation who stated that crime is poverty related describing poverty as a mother of all revolutions and crimes. **Medieval Philosophy 17^th^ Century** According to Francis Bacon, criminality will depend on social situations. He described his standpoint in this sentence: " Opportunity makes a thief." Bacon pointed out that human behavior will depend on situations. **French Renaissance Philosophy 18^th^ Century** The famous encyclopedists Voltaire and Rousseau introduce the concepts of free will. Crime is the same as hedonistic behavior and failure to fulfill the social contract obligations. **PRE-CLASSICAL, RATIONAL CHOICE, AND EARLY POSITIVIST THEORY** **Pre-Classical Perspectives of Crime and Punishment** - For the vast majority of human civilization's history, people believed that criminal activity was caused by either supernatural or religious factors. - People believed that crime was caused by supernatural or religious factors, leading to theories of crime such as "the devil made me do it." **Demonological Theory** - Demonology is one of the earliest theories in criminology. - Criminal behavior was believed to be the result of evil spirits and demons something of natural force and controls behavior. - It theorized that people believed that evil spirits or demons entered human body to commit sins. - People who violated social norms or religious practice were believed to be witches or possessed by demons. **Development of Criminology** The discipline of criminology has evolved in three phases, beginning in the 18^th^ century. **^1st\ Phase\ --\ Classical\ Criminology^** - ^The\ first\ phase\ involved\ when\ scholars\ first\ distinguished\ crime\ from\ sin,\ they\ made\ possible\ explanations\ of\ criminal\ behavior\ that\ were\ not\ theological\ (religious).^ **^2nd\ Phase\ --\ Modern\ Criminology^** - ^During\ this\ era,\ criminology\ distinguished\ itself\ as\ a\ subspecialty\ within\ the\ emerging\ disciplines\ of\ psychology,\ sociology,\ and\ economics.^ **^3rd\ Phase\ --\ Independent\ Criminology^** - ^Begins\ in\ the\ second\ half\ of\ the\ 20th\ century.^ - ^During\ this\ period,\ criminology\ began\ to\ assert\ its\ independence\ from\ the\ traditional\ disciplines\ that\ spawned\ it.^ - ^Criminological\ theories\ have\ become\ more\ multidisciplinary\ (spanning\ various\ fields\ of\ study)\ because\ independent\ criminologists\ seek\ to\ understand\ crime\ itself\ rather\ than\ study\ crime\ as\ one\ aspect\ of\ an\ overall\ sociological\ or\ psychological\ theory.^ **^The\ Classical\ School\ of\ Criminology^** - ^The\ more\ specific\ and\ well-known\ origin\ of\ the\ Classical\ school\ is\ considered\ to\ be\ the\ 1764\ publication\ of\ on\ Crimes\ and\ Punishments\ (Dei\ Dellite\ e\ Delli\ Poena),\ written\ by\ Italian\ scholar\ Cesare\ Bonesana,\ Marchese\ de\ Beccaria\ (1738-1794),\ commonly\ known\ as\ Cesare\ Beccaria.^ - ^Its\ most\ prominent\ members,\ Cesare\ Baccaria\ and\ Jeremy\ Bentham,\ shared\ the\ idea\ that\ criminal\ behavior\ could\ be\ understood\ and\ controlled\ as\ an\ outcome\ of\ a\ "human\ nature"\ shared\ by\ all\ of\ us.^ **^CESARE\ BECCARIA^** - ^Cesare\ Bonesana\ Marchese\ de\ Beccaria\ with\ Jeremy\ Bentham (1823)\ who\ proposed\ "Utilitarian\ Hedonism",\ the\ theory,\ which\ avoid\ pain,\ became\ the\ main\ advocates\ of\ the\ Classical\ School\ of\ Criminology.^ - ^According\ to\ Bentham's\ utilitarianism,\ people\ choose\ to\ act\ when,\ after\ weighing\ cost\ and\ benefits,\ they\ believe\ that\ their\ actions\ will\ bring\ them\ an\ increase\ in\ pleasure\ and\ a\ reduction\ of\ pain.^ **^JEREMY\ BENTHAM^** - ^Designed\ a\ prison\ called\ *Panopticon.*^ - ^It\ is\ a\ prison\ which\ is\ a\ circular\ building\ with\ cells\ along\ the\ circumference,\ each\ clearly\ visible\ from\ a\ central\ location\ staffed\ by\ guards.^ - ^In\ his\ "ESSAY\ on\ Crimes\ and\ Punishment",\ Beccaria\ presented\ on\ his\ key\ ideas\ on\ the\ abolition\ of\ torture\ as\ a\ legitimate\ means\ of\ extracting\ confessions.^ **^Freewill\ (Beccaria)^** - ^A\ philosophy\ advocating\ punishment\ severe\ enough\ for\ people\ to\ choose,\ to\ avoid\ criminal\ acts.^ - ^It\ includes\ the\ belief\ that\ a\ certain\ criminal\ act\ warrants\ a\ certain\ punishments\ without\ any\ variation.^ **^Hedonism\ (Bentham)^** - ^The\ belief\ that\ people\ choose\ pleasure\ and\ avoid\ pain.^ - ^Hedonistic\ Calculus\ refers\ to\ the\ act\ of\ a\ person\ choosing\ between\ pleasure\ and\ pain\ before\ doing\ any\ human\ action.^ **^Deterrence\ Theory^** - ^A\ core\ principle\ of\ classical\ school\ and\ rational\ choice\ theories.^ - ^This\ theory\ states\ that\ crime\ can\ be\ controlled\ through\ the\ use\ of\ punishments\ that\ combine\ the\ proper\ degrees\ of\ certainty,\ severity,\ and\ celerity.^ - ^Deterrence\ is\ a\ key\ element\ in\ the\ U.S.\ justice\ system.^ **^Elements\ of\ Deterrence^** **^1)\ SEVERITY^** - ^refers\ to\ how\ harsh\ the\ punishment\ for\ a\ crime\ will\ be.^ - ^In\ classical\ criminology,\ it\ is\ important\ to\ remember\ that\ a\ punishment\ must\ fit\ the\ crime.^ **^2)\ CELERITY^** - ^refers\ to\ how\ quickly\ an\ individual\ is\ punished\ after\ committing\ a\ crime.^ **^3)\ CERTAINTY^** - ^refers\ to\ how\ likely\ it\ is\ that\ an\ individual\ will\ be\ caught\ and\ punished\ for\ a\ crime\ that\ he\ or\ she\ has\ committed.^ **^Forms\ of\ Deterrence^** **^1)\ Absolute\ Deterrence^** - ^This\ refers\ to\ the\ amount\ of\ crime\ that\ has\ been\ prevented\ simply\ due\ to\ the\ fact\ that\ a\ formal\ system\ is\ in\ place\ so\ that\ an\ individual\ could\ be\ legally\ punished\ for\ committing\ a\ criminal\ act.^ **^2)\ General\ Deterrence^** - ^It\ is\ the\ doctrine\ that\ a\ community\ or\ a\ society\ of\ people\ can\ be\ deterred\ from\ committing\ a\ criminal\ act\ after\ having\ witnessed\ the\ punishment\ of\ an\ individual\ or\ individuals\ for\ having\ committed\ that\ act.^ **^3)\ Specific\ Deterrence^** - ^This\ style\ of\ deterrence\ is\ used\ with\ a\ specific\ offender\ in\ mind.^ - ^The\ belief\ is\ that\ if\ an\ individual\ is\ punished\ for\ a\ criminal\ act,\ then\ that\ individual\ will\ be\ less\ likely\ to\ violate\ the\ law\ in\ the\ future.^ **^The\ Neo-Classical\ School\ of\ Criminology^** - ^The\ early\ criminal\ law\ advocates\ led\ by\ Sir\ William\ Blackstone,\ an\ authority\ in\ criminal\ law\ in\ Europe,\ sought\ changes\ to\ the\ prevailing\ criminal\ law\ in\ England\ and\ the\ rest\ of\ Europe.^ - ^Under\ the\ neo-classical\ doctrine,\ there\ are\ situations\ or\ circumstances\ that\ made\ it\ impossible\ to\ exercise\ freewill\ are\ reasons\ to\ exempt\ the\ accused\ from\ conviction.^ - ^The\ Neoclassical\ school\ does\ not\ represent\ any\ break\ with\ the\ classical\ view\ of\ human\ nature.\ It\ merely\ challenges\ the\ classical\ position\ of\ absolute\ freewill.^ - ^This\ has\ lead\ also\ to\ the\ proposition\ that\ while\ the\ classical\ doctrine\ is\ correct\ in\ general,\ it\ should\ be\ modified\ in\ certain\ details:^ - ^That\ children,\ imbeciles\ and\ lunatics\ should\ not\ be\ regarded\ as\ criminals\ and\ are\ free\ from\ punishment.^ - ^It\ must\ take\ into\ account\ certain\ mitigating\ circumstances.^