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THEORIES OF CRIME CAUSATION (INTRODUCTION TO THEORIES OF CRIME CAUSATION AND ITS FOUNDATION) INTRODUCTION There is no single source of crime. Crime is a multifaceted phenomenon that varies across cultures and over time. There is no single source of crime. Crime is a multifaceted phenomen...
THEORIES OF CRIME CAUSATION (INTRODUCTION TO THEORIES OF CRIME CAUSATION AND ITS FOUNDATION) INTRODUCTION There is no single source of crime. Crime is a multifaceted phenomenon that varies across cultures and over time. There is no single source of crime. Crime is a multifaceted phenomenon that varies across cultures and over time. THEORY This is the process of connecting facts in order to explain something. It serves as an explanation. It explains why or how a certain thing or things are linked to criminal behavior ELEMENTS OF THEORY 1. CONCEPT Theories are built from concepts. Generally, concepts denote phenomena. A concept embraces the aspects of the social world that are considered essential for a particular purpose. 2. VARIABLES Once the measurement system has been specified by the operational definition, different values of the concept can be observed. ELEMENTS OF THEORY 3. STATEMENTS AND FORMATS To be useful, the concepts of theory must be connected to one another. Such connections among concepts constitute theoretical statements. These statements specify the way in which events denoted by concepts are interrelated, and at the same time, they provide an interpretation of how and why events should be connected. When these theoretical statements are grouped together, they constitute a theoretical format. PURPOSE OF STUDYING CRIME CAUSATION THEORY We study theory to try to understand why wedo what we do. People who are uninterested in theory are those who go through life blindly or, in the case of criminal justice, intervene in the lives of others with only hazy ideas about why they do what they do. The goal of studying crime causation theories is to explain and comprehend crime and criminal behavior WHY PEOPLE COMMIT CRIME ? Understanding why someone commits a crime allows one to devise methods to control crime or rehabilitate the offender. In criminology, there are numerous theories. Some attribute crime to the individual, believing that an individual weighs the pros and cons before deciding whether or not to commit a crime. Others believe it is the responsibility of the community to ensure that their citizens do not commit crimes. MAJOR PERSPECTIVE OF CRIME CAUSATION/CRIMINOLOGY 1.Rational Perspective – free will and personal choice 2. Biological Perspective- Genetic, Physical characteristics and Structure 3.Social Structural Perspective- Neighborhood 4.Social Process Perspective – Learning of one’s behavior 5. Conflict Perspective- Resources and power 6.Developmental Perspective – Combination of Socio-economic, political and process. 7. PSYCHOLOGICAL- HUMAN BEHAVIOR/MIND Foundational Theories A.CLASSICAL B.NEO- CLASSICAL C.POSITIVIST THEORY SCHOOLS OF THOUGHT IN CRIMINOLOGY School of Thought – refers to a group of beliefs or ideas that support a specific theory DEMONOLOGICAL THEORY - asserts that a person commits wrongful acts due to the fact that he was possessed by demons. CLASSICAL SCHOOL This school of thought is based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions. According to classical criminologists, individuals have free will. They can choose legal or illegal means to get what they want, fear of punishment can deter them from committing crime and society can control behavior by making the pain of punishment greater than the pleasure of the criminal gains CESARE BECCARIA ON CRIMES AND PUNISHMENT His book contains almost all modern penal reforms but its greatest contribution was the foundation it laid for subsequent changes in criminal legislation His book was influential in the reforms of penal code in France, Russia, Prussia and it influenced the first ten amendments to the US Constitution PRINCIPLE OF BECARRIA a. people want to achieve pleasure and avoid pain. b. Crime provides some pleasure to the criminal. c. To deter crime, he believed that one must administer pain in an appropriate amount to counterbalance the pleasure obtain from crime. d. Famous in sayings “ Let the punishment fit the crime Jeremy Bentham Proposed “Utilitarian Hedonism” which explains that person always acts in such a way to seek pleasure and avoid pain. UTILITARIANISM – assumes that all our actions are calculated in accordance with their likelihood of bringing pleasure and pain Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals calculate the consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he would derive from doing the action NEOCLASSICAL CRIMINOLOGY This theory modified the doctrine of free will by stating that free will of men may be affected by other factors and crime is committed due to some compelling reasons that prevail. These causes are pathology, incompetence, insanity or any condition that will make it impossible for the individual to exercise free will entirely. In the study of legal provisions, this is termed as either mitigating or exempting circumstances POSITIVIST SCHOOL OF THOUGHT The term “positivism”, refers to a method of analysis based on the collection of observable scientific facts. Positivists believe that causes of behavior can be measured and observed. It demands for facts and scientific proof, thus, changing the study of crimes and criminals into scientific approach. POSITIVIST SCHOOL OF THOUGHT Positive theorists were the first to claim the importance of looking at individual difference among criminals. These theorists who concentrated on the individual structures of a person, stated that people are passive and controlled, whose behaviors are imposed upon them by biological and environmental factors. AUGUST COMTE French philosopher and sociologist and is believed to be the one who reinvented the French term sociologie. He was recognized as the “Father of Sociology and Positivism”. CESARE LOMBROSO Recognized as the “Father of Modern and Empirical Criminology” due to his application of modern scientific methods to trace criminal behavior, however, most of his ideas are now discredited. Concept of atavistic stigmata (the physical features of creatures at an earlier stage of development). According to his theory, criminals are usually in possession of so called physical stigmata PHYSICAL STIGMATA Huge jaws and strong canine teeth The arm span of criminals is often greater than their height, just like that of apes who use their forearms to push themselves along the ground. Deviation in head size and shape, Asymmetry of the face, Excessive dimensions of the jaw and cheekbones, Eye defects and peculiarities, Ears of unusual size, Nose twisted, upturned or flattened in thieves, or aquiline or beaklike in murderers, Fleshy lips Swollen and protruding, and pouches in the cheek like those of animal’s toes 3 CLASSES OF CRIMINALS (ACCORDING TO CESARE LOMBROSO) a. born criminals – individuals with at least five (5) atavistic stigmata b. insane criminals – those who became criminals because of some brain defect which affected their ability to understand and differentiate what is right from what is wrong. c. criminaloids - those with makeup of an ambiguous group that includes habitual criminals, criminals by passion and other diverse types ENRICCO FERRI He focused his study on the influences of psychological factors and sociological factors such as economics, on crimes. He believed that criminals could not be held morally responsible because they did not choose to commit crimes, but rather were driven to commit crimes by conditions in their lives. CLASSIFICATION OF CRIMINALS ACCORDING TO FERRI ARE: 1. Born Criminals - criminal neurosis 2. Insane Criminals - clinical form of mental alienation. 3. Habitual Criminals - The one who has acquired his habit of crime 4. Occasional Criminals - The one who commits insignificant criminal acts because of them circumstances in which he lives. 5. Passionate Criminals. Passion is excusable when the moral sense of man is normal, when his past record is clear, and when his crime is due to social passion, which makes it excusable. RAFFAELLE GAROFALLO He treated the roots of the criminals’ behavior not to physical features but to their psychology equivalent, which he referred to as moral anomalies. He rejected the doctrine of freewill. Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious Criminals. “INTRODUCTION TO BIOLOGICAL THEORIES” BIOLOGICAL THEORIES This refers to the set of theories that point to physical, physiological and other natural factors as the causes for the commission of crimes of certain individuals. This explanation for the existence of criminal traits associates an individual’s evil disposition to physical disfigurement or impairment. PHYSIOGNOMY - The study of facial features and their relation to human behavior. 1. Giambiatista dela Porta - Founder of human physiognomy - According to him criminal behavior may be predicted based on facial features of the person. 2. Johann Kaspar Lavater - Supported the belief of Dela Porta - He believed that a person’s character is revealed through his facial characteristics PHRENOLOGY, CRANIOLOGY OR CRANIOSCOPY - The study of the external formation of the skull in relation to the person’s personality and tendencies toward criminal behavior. 1. Franz Joseph Gall - He developed cranioscopy which was later renamed as phrenology. 2. Johann Kaspar Spurzheim - Assistant of Gall in the study of phrenology. - he was the man most responsible for popularizing and spreading phrenology to a wide audience PHYSIOLOGY OR SOMATOTYPE - Refers to the study of body build of a person in relation to his temperament and personality and the type of offense he is most prone to commit. 1. Ernst Kretschmer - He distinguished three (3) principal types of physiques: asthenic, athletic, pyknik and dysplastic. a. Asthenic – characterized as thin, small and weak. b. Athletic – muscular and strong. c. Pyknic – stout, round and fat. d. dysplastic – combination of two body types PHYSIOLOGY OR SOMATOTYPE 2. William Herbert Sheldon He formulated his own group of somatotype: ectomorph, mesomorph and endomorph. a. Ectomorph – tall and thin and less social and more intellectual than the other types. b. Mesomorph – have well-developed muscles and an athletic appearance. c. Endomorph – heavy builds and slow moving. Heredity - The transmission of traits from parents to offspring 1. Richard Louis Dugdale - Conducted a study of the Jukes family by researching their family tree as far back 200 years. He discovered that most of the ascendants of the Jukes were criminals. 2. Henry Goddard - He traced the descendants of the Martin Kallikak from each of his two wives and found a distinct difference in termsof quality of lives of descendants. He coined the term “moron”. 3. Charles Goring - He believed that criminal traits can be passed from parents to offspring through the genes. - He proposed that individuals who possess criminal characteristics should be prohibited from having children. INTELLIGENCE AS A FACTOR IN CRIMINALITY - The classic studies of the Juke and Kallikak families were among the first to show that feeblemindedness or low-intelligence can be inherited and transferred from one generation to the next. Numerous test were also conducted that lead to the development of the use of IQ tests as a testing procedure for offenders. The very first results seemed to confirm that offenders had low mental abilities and they were found to be mentally impaired ALFRED BINET - a French psychologist who developed the first IQ test. - the test measured the capacity of individual children to perform tasks or solve problems in relation to the average capacity of their peers “INTRODUCTION TO PSYCHOLOGICAL THEORIES” PSYCHOLOGICAL THEORIES - Refers to the theories that attribute criminal behavior of individuals to psychological factors, such as emotion and mental problems. a. Sigmund Freud - He is recognized as the FATHER OF PSYCHOANALYSIS - known for his psychoanalytic theory - According to him, criminality is caused by the imbalance of the three (3) components of personality: the id, the ego, and the superego. THREE PARTS OF PERSONALITY 1. ID – this stands for instinctual drives; it is governed by the “pleasure principle”; the id impulses are not social and must be repressed or adapted so that they may become socially acceptable 2. EGO – this is considered to be the sensible and responsible part of an individual’s personality and is governed by the “reality principle”; it is developed early in life and compensates for the demands of the id by helping the individual guide his actions to remain within the boundaries of accepted social behavior; it is the objective, rational part of the personality 3. SUPEREGO – serves as the moral conscience of an individual; it is structured by what values were taught by the parents, the school and the community, as well as belief in God; it is largely responsible for making a person follow the moral codes of society MENTAL DISORDER THEORIES There are two general types of mental disorders. ORGANIC disorder- Where the physiological cause can be identified, such as head injuries that left the mind blank, senility, Parkinson's disease and Alzheimer's disease. Organic disorders refer to the brain's disorder or sickness. FUNCTIONAL disorder- which is characterized by strange behavior that cannot be traced to any known organic disease. Examples of functional disorders are those people with no apparent brain sickness who hear voices that other do not hear, or who see things that others do not see. TYPE OF MENTAL DISORDERS NEUROSES - a mental condition that is not caused by organic disease, involving symptoms of stress but not a radical loss of touch with reality. COMPULSION-A repetitive behavior that is thought to produce or prevent something that thought to be magically connected to the behavior. (ACTION) NOTE: OBSESSIVE- THOUGHT PHOBIA - Excessive and unexplainable fear something: generally exaggerated fear of things that normal people do not fear with the same degree. DEPRESSION - Extreme feeling of low morale sadness, loneliness, self-pity, despair, rejection boredom and pessimism; a person is said to be depressed if these feelings become pervasive and can already affect all aspects of a person's life. IMPULSE DISORDER - An excessive unreasonable desire to do or have something; a irrational or irresistible motive, examples of are kleptomania, pyromania, dipsomania and others TYPE OF MENTAL DISORDER PSYCHOSES - Amore serious type of mental disorder which can be organic or functional -psychotic people lose contact with reality and haw difficulty distinguishing reality from fantasy THE MOST COMMON TYPE OF PSYCHOSIS ARE THE FOLLOWING SCHIZOPRENIA - Also called dementia characterized by distortions or withdrawal reality, disturbances of thoughts and withdrawal from social contact PARANOIA - Gradual impairment of the in characterized by delusions or hallucination DELUSION- False belief HALLUCINATION - False perception (without stimuli) external Illusion- False perception with external stimuli DELUSIONS OF GRANDEUR- Greater than everybody else. DELUSION OF PERSECUTION - false beliefs that one is about to be harmed or mistreated by others in some way. INTRODUCTION TO SOCIOLOGICAL THEORIES SOCIOLOGICAL THEORIES - Sociological factors refer to things, places and people with whom we come in contact with and which play a part in determining our actions and conduct. These causes may bring about the development of criminal behavior. EDWIN SUTHERLAND An American sociologist. He is considered one of the most influential criminologists of the 20th century. He was a sociologist of the symbolic interactionist school of thought and is best known for defining white-collar crime and differential association, a general theory of crime and delinquency. Sutherland earned his Ph.D. in sociology from the University of Chicago in 1913. In 1939 Edwin was the first who introduced White Collar Crime. Emile Durkheim - He stated that crime is a normal part of the society just like birth and death. - proposed the concept of “anomie” or the absence of social norms. It is characterized by disorder due to lack of common values shared by individuals, lack of respect for authority and lack of appreciation for what is acceptable and not acceptable in a society GABRIEL TARDE - Introduced the theory of imitation which proposes the process by which people become criminals. - According to this theory, individuals imitate the behavior of other individuals based on the degree of their association with other individuals and it is inferior or weak who tend to imitate the superior and strong Adolphe Quetelet and Andre Michael Guerry - He repudiated the free will doctrine of the classicists - Founder of cartographic school of criminology. - Founder of moral statistics - Cartographic school of criminology made use of statistical data such as population, age, gender, occupation, religious affiliations and social economic status and studies their influences and relationship to criminality.