Introduction-to-Criminology.pptx

Introduction to Criminology CRIMINOLOGY BASICS What is Criminology? Etymology – word origin. “CRIMEN” (Latin) which means accusation. “LOGIA” (Greek) which means to study. Rafaelle Garofalo (Italian Law Professor) – coined the term “Criminologia” (Italian) Paul Topinard (French Anthropol...

Introduction to Criminology CRIMINOLOGY BASICS What is Criminology? Etymology – word origin. “CRIMEN” (Latin) which means accusation. “LOGIA” (Greek) which means to study. Rafaelle Garofalo (Italian Law Professor) – coined the term “Criminologia” (Italian) Paul Topinard (French Anthropologist) – used the term “Criminologie” (French) which was later translated in English as Criminology. DEFINITION “Criminology is the body of knowledge regarding crimes 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.” (Sutherland) Criminology as a Profession R.A. 6506 – “An act creating the board of examiners for Criminologists in the Philippines and for other purposes.” July 01, 1972. Sec. 22 – a Criminologist is any person who is a graduate of the Degree of Criminology, who had passed the board examination for Criminologists and is registered as such by the board. Characteristics of Criminology 1. Applied Science – This is also referred to as “Instrumentation”. It means that we apply other sciences to Criminology. Also called Criminalistics. 2. Social Science – because crime is a social phenomenon. 3. Dynamic – because Criminology changes through time and adapts accordingly. 4. Nationalistic – The social standards of a given place are set by its needs. Criminology is Territorial. 1. CRIME Crime – an act committed or omitted in violation of a public law forbidding or commanding it. Committed Acts – means the act is performed. (Commission) Omitted Acts – means the act is not performed. (Omission) Legally speaking, a crime only exist after conviction. Scientifically (Criminological) speaking, a crime already  General Classification 1. Crimes Mala In Se or Malum In Se – crime so serious in their effects in society as to call for its unanimous condemnation. It is inherently evil. Ex. Murder and Rape 2. Crimes Mala Prohibita or Malum Prohibitum – violations of mere rules of convenience designed to secure a more orderly regulation of the society. It is prohibited only by law. Ex. Traffic Violations and smoking Legal Classification According to the law violated: 1. Felony – Revised Penal Code. Ex. Art. 148 of RPC Direct Assault 2. Offense – Special Penal Laws Ex. R.A. 9262 VAWC 3. Infraction – City or Municipal Ordinances Ex. Anti-Littering Ordinance Legal Classification As to the plurality of crimes: 1. Simple Crime – when a single act constitutes only one offense. Ex. Petty thievery 2. Complex Crime – when a single act constitutes two or more grave felonies or when an offense is a necessary means for committing the other. Ex. Bombing Legal Classification As to the gravity of penalty: 1. Grave Felonies - those which the law attaches the capital punishment or afflictive penalties. 2. Less Grave Felonies - those which the law attaches penalties which are correctional in nature. 3. Light Felonies – those infractions of the law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos are imposed. Criminological Classification As to the results of crimes: 1. Acquisitive Crime – when the criminal acquires something as a result of his criminal act. Ex. Theft 2. Extinctive Crime – when the end result of a crime is destructive. Ex. Arson Criminological Classification As to the time committed: 1. Seasonal Crime – those that are committed only at certain times of the year. Ex. Election Fraud 2. Situational Crimes – those committed only when given the situation conducive to its commission. Ex. Direct Assault Criminological Classification As to the length of time committed: 1. Instant Crimes – those committed in the shortest possible time. Ex. Snatching 2. Episoidal Crimes - those committed by a series of acts in a lengthy space of time. Ex. Kidnapping Criminological Classification As to the use of mental faculties: 1. Rational Crimes – those committed with intention and the offender is in full possession of his sanity. Ex. Swindling 2. Irrational Crimes – those committed by persons who do not know the nature and quality of his act on account of the disease of the mind. Ex. Kleptomania Criminological Classification As to the type of offenders: 1. White Collar Crimes – those committed by respectable persons and of upper socio-economic status in the course of their occupational activities. Ex. Tax Fraud 2. Blue Collar Crimes – those committed by ordinary criminals to maintain their livelihood. Ex. Pickpocketing 2. CRIMINALS Basically, a criminal is a person who commits a crime. Legal Perspective – convicted by a court of law. Criminological Perspective – the moment a person commits a crime. Classification of Criminals Criminals classified on the basis of etiology: 1. Acute Criminals – persons who commits a crime because of the impulse of the moment, fit of anger or passion and extreme jealousy. (Acute here means urgent or quick) 2. Chronic Criminals – those who acts in consonance with deliberate thinking. 3. Neurotic Criminals – persons whose actions arise from intra-psychic conflict between the social and anti-social components of his personality. Ex. Psychopath 4. Normal Criminals – normal individuals except that he identifies himself as that of a criminal prototype. Classification of Criminals Criminals classified based on their organization with other criminals: 1. Ordinary Criminals – they have the lowest form of criminal career and engaged only in conventional crimes which require limited skill. 2. Organized Criminals – they have a high degree of organization enabling them to commit crimes without being detected and committed to specialized activities which can be operated in a large scale. 3. Professional Criminals – these are highly skilled criminals and work with other professional criminals. Classification of Criminals Criminals classified based on their activities: 1. Professional Criminals – those who had made a profession or living out of criminal activities. 2. Accidental Criminals – those who become criminals as a result of unanticipated circumstances. (No control) 3. Habitual Criminals – those who continue to commit criminal acts for such diverse reason like deficiency of intelligence or lack of self-control. 4. Situational Criminals – they are actually not criminals but are constantly in trouble with the law because they commit crimes along with legal activities. (Still with control) 3. CRIMINAL BEHAVIOR Theory or Theories – set of statements devised to explain behavior, events or phenomenon, especially one that has been repeatedly tested and widely accepted. Timeworn Criminological Theories 1. Demonological Theory – a criminal is believed to have been possessed by demons. 2. Divine Will Theory – believes that crimes are punishment from God.  Prominent Schools of Thought in Criminology A. THE CLASSICAL SCHOOL OF THOUGHT 1. The basis of criminal liability is human freewill and the purpose of penalty is retribution. Free Will - The belief that humans are rational, and have the ability to make decisions according to each individual’s own will and purposes. Retribution - Also referred to as an “eye for an eye a tooth for a tooth” or “Lex Taliones Principle.” 2. States that man is motivated by Hedonism. Hedonism – refers to pleasure principle. People will always want to maximize pleasure and minimize pain.  CESARE BECCARIA a. One of the founders of the Classical School of Criminology. b. He wrote the book entitled “On Crimes and Punishment”. c. Argued that the effectiveness of the system depends more on the certainty of punishment than on its severity.  JEREMY BENTHAM a. He founded the concept of Hedonistic Utilitarianism or Greatest Happiness for the Greatest Number. b. He devised a pseudo- mathematical formula called “Felicific Calculus”. c. Argued that to deter individuals from committing crimes the punishment must be greater than the satisfaction he would gain. Jeremy Bentham’s Auto-Icon Prominent Schools of Thought in Criminology THE POSITIVE SCHOOL OF THOUGHT 1. That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition.  CESARE LOMBROSO a. He is known as the “Father of Modern Criminology”. b. He claimed that criminals are distinguishable from non-criminals due to the presence of atavistic features. Stigmata - Characteristics claimed by Lombroso that could be used to identify the “born criminal.” Atavism - Atavistic or primitive man is a throwback to an earlier stage of human evolution, and will commit crimes against society unless specifically restrained from doing so. Atavistic Stigmata Types of Criminals According to Lombroso a. Born Criminal - This type of criminal is the most dangerous, and can be identified through their stigmata or identifying characteristics. (At least 5) b. Criminaloid - The criminaloid is motivated by passion, and will commit criminal acts under the proper circumstances. c. Insane Criminal - The insane criminal type includes idiots, imbeciles, epileptics, psychotics, and the mentally unstable.  RAFFAELE GAROFALO a. He was credited to have coined the term criminology, which he called “Criminologia”. b. He traced the roots of criminal behavior not to physical features but to their psychological equivalent which he referred to as “moral anomalies.”  ENRICO FERRI a. He believed that criminals could not be held morally responsible for their crimes because they did not choose to commit crimes but rather were driven to commit them by conditions in their lives. Biological Theories Points to physical, physiological and other natural factors as causes of Criminal Behavior. 1. Physiognomy This is the study of the relationship between the facial features and human conduct of a person in relation to crimes. Founded by GIAMBATTISTA DELLA PORTA. This study was also used by JOHANN KASPAR LAVATER in 1775 in his book “Physiognomical Fragment”. Physiognomy 2. Craniology or Phrenology This involves the study of the external formation of the skull that indicates the conformation of the brain and the development of its various parts in relation to the behavior of the criminal. FRANZ JOSEPH GALL pioneered this study along with JOHANN KASPAR SPURZHEIM. Craniology, Cranioscopy or Phrenology 3. ERNEST KRETSCHMER He classified types of physique and the types of crimes they are prone to commit. Type of Physique Body Built Associated Crimes 1. Pyknic Stout and with round Deception, fraud and bodies. violence. 2. Athletic Muscular and strong. Crimes of violence. 3. Asthenic Skinny and slender. Petty thievery and fraud.  4. WILLIAM SHELDON He formulated his own group of Somatotypes. Type of Physique Body Built Temperament Relatively fat, round body, Viscerotonic – relax and 1. Endomorphic short tapering limbs, small comfortable person, loves luxury bones and smooth velvety skin. and extrovert person. Predominance of muscles, bone Romotonic – active and dynamic 2. Mesomorphic and motor organs, large wrist person, walks and talks and hands and a hard assertively, behaves aggressively. rectangular outline. Thin physique, delicate bones, Cerebrotonic – an introvert 3. Ectomorphic droopy shoulders, small face person, full of complaints, and fragile. allergies, sensitive and shrinks from crowd. Endomorphic Physique Mesomorphic Physique Ectomorphic Physique  5. Heredity as causes of Criminal Behavior. a. Study of the Juke Family Tree by RICHARD LOUIS DUGDALE – traced over 1000 descendants of Ada Juke also known as Margaret Juke the “Mother of Criminals”, and found 280 paupers, 60 thieves, 7 murderers, 140 criminals, 40 with venereal disease, 50 prostitutes and other deviants. b. Study of the Kallikak Family Tree by HENRY GODDARD – traced the descendants of Martin Kalikkak from each of his two wives and found a difference in the quality of the lives of their offspring. The first was with a feeble-minded woman while the Margaret Juke the “Mother of Criminals” Psychoanalytic and Psychiatric Theories Attributes criminal behavior to psychological and psychiatric factors. 1. WILLIAM HEALY – through his book claimed that crime is an expression of the mental content of the individual. (Delinquency and Criminals: Their Making and Unmaking) 2. AUGUST AICHORN – in his book entitled “Wayward Youth” argued that crime and delinquency is the result of faulty development of the child during the first few years of his life. 3. Dr. DAVID ABRAHAMSEN – he explained in his book “Crime and the Human Mind” the causes of crime by this formula: Criminal Behavior is equivalent to a person’s Criminalistics Tendencies multiplied by a Crime Inducing Situation divided by the person’s Emotional Resistance. 4. CYRILL BURT – wrote “Young Delinquent” and gave the theory of General Emotionality. According to him, many offenses can be traced to either in excess or a deficiency of a particular instinctive drive. 5. HENRY MAUDSLEY – he believed that crime is an outlet in which their unsound tendencies are discharged and that offenders would go mad or insane if they were not criminals. 6. Dr. WALTER BROMBERG (Crime and the Mind, 1948) – he claimed that criminality is the result of emotional immaturity. A mature person follows rules and an immature rebel against it. 7. Dr.SIGMUND FREUD – in his Psychoanalytical Theory of human personality and crimes has the following explanations: a. “Id” are impulses or instinctual drives like food, sex and other life sustaining necessities including aggression as well as primitive needs present at birth. b. “ego” this forms part of man’s physical organization between his sensory stimuli on one hand and his motor activity on the other. c. “super-ego” this is the conscience of man. Sociological Theories Blames factors such as things, places and people with whom we come in contact with as the source of Criminal Behavior. 1. Differential Association Theory by EDWIN SUTHERLAND  He believed that criminal behavior is a product of learning the norms, values and behaviors associated with criminal activity. a. Criminal behavior is learned. b. It is learned through the process of communication with others. c. The principal part of learning occurs within the intimate personal group. d. The criminal learns the techniques, motives, and rationale of committing crimes. e. The learning process may vary in frequency, duration, priority and intensity. f. That while criminal behavior is an expression of general needs and values, it is not explained by those needs since non-criminal behavior is an expression of the needs and values. EDWIN SUTHERLAND 2. Differential Identification Theory by DANIEL CLASSER It was maintained that a person pursues criminal behavior to the extent that he identifies himself with real or imaginary persons from whose perspective his criminal behavior seems acceptable. 4. Cultural Deviance or Conflict of Culture theory by THORSTEN SELLIN Members of the lower class create their own subculture with its own set of rules and values. 5. Containment Theory by WALTER RECKLESS This postulates that a strong self-image insulates a person from the pressures of criminogenic influences in his environment. Used Inner and Outer Containment as means of evading criminal behavior. 6. Social Bond Theory by TRAVIS HIRSHI In his book “Causes of Delinquency”, he was able to link the onset of criminality to the weakening of ties that bind people in a society. Ex. Family Ties and Peer Relationship.