CRIM 1 - Introduction and History PDF

INTRODUCTION TO CRIMINOLOGY Rashelle Baro MODULE 1 - CRIMINOLOGY: ITS ORIGIN, NATURE, CONCEPT & SCOPE OF THE STUDY. Learning Objectives: At the end of this lesson, you will be able to:  Discuss the concept and nature of criminology  Identify and explain the 3 broad divisions of the study...

INTRODUCTION TO CRIMINOLOGY Rashelle Baro MODULE 1 - CRIMINOLOGY: ITS ORIGIN, NATURE, CONCEPT & SCOPE OF THE STUDY. Learning Objectives: At the end of this lesson, you will be able to:  Discuss the concept and nature of criminology  Identify and explain the 3 broad divisions of the study of criminology and  Understand and determine the scope of the study and discuss the various fields of study related to criminology. WHAT IS CRIMINOLOGY? It is derived from the Latin word CRIMEN – which means “accusation” and the Greek word LOGIA denotes “Study of or to study”. Hence, it is a scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and society. ORIGIN  The word was coined in 1885 by the Italian Law professor RAFFAELE GAROFALO as CRIMINOLOGIA.  PAUL TOPINARD a French anthropologist used an analogous French term “CRIMINOLOGIE”  Criminology is a body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making the laws, the breaking of the laws, and the reaction towards the breaking of the laws (Edwin H. Sutherland and Donald Cressey). LEGAL DEFINITION OF CRIMINOLOGY RA 11131 - It refers to the scientific study of crimes, criminals, and victims. It also deals with the prevention and solution of crimes. otherwise known as Philippine Criminology Profession act of 2018. SCOPE AND DIVISIONS OF THE STUDY OF CRIMINOLOGY The Making of Laws (SOCIOLOGY OF LAW) 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. The Breaking of Laws (CRIMINAL ETIOLOGY) This pertains to the examination of the reasons of crime causation which primarily deals to answer issues despite the presence of laws people still commit crimes. Reaction Towards the Breaking of Laws (PENOLOGY) This pertains to the study of how people, the criminal and the government react towards the breaking of laws because the reactions necessarily bright light to the development of modern measures to treat criminal offenders at the same time the reaction may be contributory to criminality. DIVISIONS/BRANCHES OF CRIMINOLOGY CRIMINAL ETIOLOGY/CRIMINAL BEHAVIOR – is the study of the cause or origin of crime. It studies the primary reasons for crime commission or simply crime causation. SOCIOLOGY OF LAW - an attempt at scientific analysis of the condition which the penal/criminal laws has developed as a process of formal or social control. PENOLOGY/CORRECTION - A branch of criminology which focus on the prevention of crime and delinquency as a form of social reaction to criminality. Criminalistics or Forensic Science - One more area of concern in crime detection and investigation. Criminalistics is included as a division in criminology because Criminologists are also engaged in studying criminal things, the analysis of physical evidence taken from the crime scene left behind by a perpetrator. NATURE OF CRIMINOLOGY (SAND) IT IS A SOCIAL SCIENCE – In as much as crime is a societal creation and that it exists in a society its study must be considered a part of social science.  It refers to the intellectual and academic disciplines designed to understand the social world objectively. It is the study of the various aspects of human society.  IT IS AN APPLIED SCIENCE – Anthropology, psychology, sociology, and other natural sciences may be applied in the study of the causes of crime aside from chemistry, medicine, physics, mathematics, etc.  Focuses on the practical application of the principles discovered in basic science. IT IS NATIONALISTIC -The study of crime must always be in relation with the existing criminal law within the territory. IT IS DYNAMIC- Criminology changes a social condition changes. That means the progress of criminology is concordant with the advancement of other sciences that have been applied it. IT IS INTERDISCIPLINARY – Many disciplines are involved in the study of crimes and criminal behavior. Among them are sociology, psychology, psychiatry, economics, political science and so on. IMPORTANCE OF STUDYING CRIMINOLOGY 1. A source of philosophy of life The knowledge derived from studying crime is a good foundation for an individual's philosophy and lifestyle. 2. A background in a profession or for social service. 3. Because criminals are legitimate objects of interest. They should be understood to control them. 4. Because crime is a costly problem. The value of property lost, medical ex-costs and intangible costs of pain and suffering is too high as a result of victimization. PURPOSES OF STUDYING CRIMINOLOGY 1. The primary aim is to prevent the crime problem. 2. To understand crimes and criminals which are basic to know 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 ALLIED DISCIPLINES/ FIELDS OF CRIMINOLOGY Criminal Sociology - Otherwise known as "Sociology of Crime". It is the study of the making, breaking, and enforcing of criminal laws. It aims to understand empirically and to develop and test theories explaining criminal behavior, the formation and enforcement of laws, and the operation of the criminal justice system (Becker, 1963). Criminal Biology - It also known as "Biological Theories of Crime". It is an attempt to explain behaviors contrary to societal expectations through examination of individual characters. These theories are categorized within a paradigm called positivism (also known as determinants), which asserts that behaviors, including law-violating behaviors, are determined by factors largely beyond individual control (Adler et al, 2004). Criminal Psychology - It is also referred to as "Criminological Psychology". It is the study of the views, thoughts, intentions, actions and reactions of criminals and all who participate in criminal behavior. The study goes deeply into what makes someone commit a crime, but also the reactions after the crime. Criminal Anthropology - It is sometimes referred to as "Anthropological Criminology", literally a combination of the study of the human species and the study of criminals. It is a field of offender profiling, based on perceived links between the nature of a crime and the personality or physical appearance of the offender. Criminal Psychopathology - "Psychopathology" is one of the most important elements in studying and understanding crime causation about the psychopathic mental conditions of the perpetrator. As Garner (2004) noted, a psychopath is someone with a mental disorder characterized by an extremely antisocial personality that often leads to aggressive, perverted, or criminal behavior. Penology -It is derived from the Latin word "Poena" which means “Punishment” and the Greek word “Logia” which means "Study of". It is a sub-component of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offenses (Shoham, 2007). Criminal Etiology - It is the study dealing with the causes of criminal behavior. Most modern theories of crime are derived from the major sociological perspectives: structural functionalism, social conflict, and symbolic interactionism. Criminal Phenomenology - Otherwise known as "Phenomenological Criminology", it is an outlook on the causation of crime. Its roots are derived from phenomenology, that an idea is relevant only to the human mind and human consciousness, and imperceptible to the outside world. Victimology - It is the branch of criminology that scientifically studies the relationship between an injured party and an offender by examining the causes and the nature of the consequent suffering. Specifically, victimology focuses on whether the perpetrators were strangers, mere acquaintances, friends, family members. or even intimates and why a particular person or place was targeted. CRIMINOLOGIST CRIMINALIST CRIMINAL JUSTICE PRACTITIONER CRIMINOLOGIST  A person who studies criminology.  Concerned with scientific aspects of crimes about criminal justice.  Analyzes crimes and criminal behavior  Attempt to provide explanations as to who commits a crime and why they do it. CRIMINALIST  Studies criminalistics or forensic science  Physical scientist  Interest concerned with criminalistics tools which include: DNA, BLOOD, FINGERPRINTS, BALLISTICS, ETC.  Relay scientific findings and techniques used in particular field and apply them within a legal framework. CRIMINAL JUSTICE PRACTITIONER  A person who deals in the broad areas of law enforcement, courts, and corrections.  This includes police work, probation or parole work, counseling, and correctional work in correctional institutions. FILIPINO CRIMINOLOGIST  Republic Act (RA no. 6505)  A person who is a graduate of the Degree of Criminology, who has passed the examination for criminologists and is registered with the Board of Criminology.  JOB OPPORTUNITIES: Professor or instructor, law enforcement administrator, executive, adviser, consultant or agent in any government or private agency, as a technician in any field of criminalistics or scientific aspects of crime detection, as correctional administrator, executive supervisor, worker or officer, counselor, expert and researcher VARIOUS STUDIES & SCIENCES RELATED TO CRIMINOLOGY  Law  Sociology  Psychology  Medicine  Chemistry  Public Administration  Education  Theology  Economics AGENCIES AND SECTORS ASSOCIATED TO CRIMINOLOGY  Legislative bodies and  Non – government lawmakers organizations  Law enforcement  The family and the agencies home  Courts and prosecution  The church  Correctional institutions  Private charitable and  Educational welfare institutions institutions/schools  Civic clubs and  Public charitable and organizations social agencies  Print media, radio and  Public welfare agencies television. CRIMINOLOGY EXAMINATION COMPOSITION Criminal Sociology 20% Introduction to Criminology Theories of Crime Causation Human Behavior and Victimology Professional Conduct and Ethical Standards Juvenile Delinquency and Juvenile Justice Dispute Resolution and Crisis Incident Management Criminological Research 1 & 2 Criminal Law and Jurisprudence 20% Introduction to Criminal Justice System Human Rights Education Criminal Law (Book 1) Criminal Law (Book 2) Evidence Criminal Procedure and Court Testimony Law Enforcement Administration 15% Law Enforcement Organization and Administration Comparative Models in Policing Introduction to Industrial Security Concepts Law Enforcement Operations and Planning with Crime Mapping CFLM 1 – Leadership, decision-making, management, and Administration CFLM 2 – Character Formation, Nationalism, and Patriotism Crime Detection, Investigation and Prevention 20% Fundamentals of Criminal Investigation and Intelligence Specialized Crime Investigation with Legal Medicine Specialized Crime Investigation with Interrogation and Interview Traffic Management and Accident Investigation with Driving Fire Protection and Arson Investigation Vice and Drug Education and Control Technical English 1 – Legal Forms Technical English 2 – Investigative Report Writing Introduction to Cybercrime and Environmental Laws Criminalistics 15% Forensic Photography Personal Identification Techniques Forensic Chemistry and Toxicology Questioned Documents Lie Detection Techniques Forensic Ballistics Correctional Administration 10% Institutional Corrections Non-Institutional Corrections Therapeutic Modalities CRIMINOLOGY IN THE PHILIPPINES  Inthe Philippines, THE FIRST EVER EDUCATIONAL INSTITUTION OFFERING CRIMINOLOGY EDUCATION IS THE PHILIPPINE COLLEGE OF CRIMINOLOGY AT STA. CRUZ, MANILA FORMERLY KNOWN AS THE PLARIDEL COLLEGE. In the early part of the 1960’s, a criminology course was offered by the University of Manila, Jose Abad Santos College, both in Metro Manila, the University of the Visayas, in Cebu, the University of Mindanao, and the University of Baguio. On January 15, 1983, they founded the PHILIPPINE EDUCATORS ASSOCIATION FOR CRIMINOLOGY EDUCATION (PEACE) during the national convention conference of criminology deans and school heads. THE FOLLOWING WERE SOME OF THE SUCCESSFUL PROJECTS MADE BY THE PEACE:  The implementation of the first licensure examination for criminology courses.  The recognition of the NAPOLCOM police examination by the Civil Service Commission as eligibility for employment in all government civil service positions.  The accreditation of participants in the Seminar/workshop on Police Marksmanship for Instructional Purposes in all criminology schools.  The liftmen of criminology education in line with the professionalization of the country’s police service HISTORICAL ACCOUNTS AND EVOLUTION OF CRIMINOLOGY DEMONOLOGICAL SCHOOL scientific explanations for the causation of crime and the concept of crime were vague and obscure. crime is the hard work of the devil. Therefore, man can be regarded as a passive agent only; the active agent, namely, the demon, is a force external to the soul but somehow enters man to take possession of his soul. PENAL CODE OF DEMONOLOGICAL SCHOOL driving away the demon from the soul. For this whipping was most common methods were used to cause form of penalty. humiliation and However, many other excruciating pain. The tender organs of the body were exposed to cruel treatment, burning, laceration and maceration etc. CRITICISM OF DEMONOLOGICAL SCHOOL 1. Unscientific Theory - The demonological theory is irrational and unscientific. 2. Irrational Being an unscientific theory, it is not based on any rational facts and is by and large a projection of inner fear, sense insecurity coupled with superstition. CRITICISM OF DEMONOLOGICAL SCHOOL 3. Cruel and Barbaric Penal Code the theory of punishment of this school is based on the false belief that if the body of a man is subjected to severe beating and pain is inflicted by burns, cuts, or acidic substances, the demon will feel compelled to quit the body. THREE MAJOR CRIMINOLOGY SCHOOLS OF THOUGHT CLASSICAL SCHOOL  18th century during the Enlightenment by the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria the enlightenment by the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria people have free will in making decisions, and punishment can be a deterrent for crime, so long as the punishment is proportional, fits the crime, and is carried out promptly. CESARE BECCARIA (1738-1794) Beccaria is considered the father of modern criminal law and the father of criminal justice. His theory was based on "free will" and that people want to achieve pleasure and avoid pain. Therefore, he concluded, that crimes must provide some pleasure to the criminal. To deter crime, one must administer pain in an appropriate amount to counterbalance the pleasure obtained from crime. CLASSICAL CRIMINOLOGY THEOR Y HAD SEVERAL BASIC ELEMENTS:  In every society, people have free will to choose criminal or lawful solutions to meet their needs or settle their problems. Criminal solutions may be more attractive than lawful ones because usually require less work for a greater payoff. A person's choice of criminal solutions may be controlled by his or her fear of punishment. The more severe, certain, and swift the punishment, the better able it is to control criminal behavior. JEREMY BENTHAM (1748-1832) He was concerned with achieving the "Greatest Happiness of the Greatest Number of Pain". He is regarded as the founder of the Modern Utilitarianism called "Utilitarian Hedonism," the theory, which explains that a person always acts in such a way as to seek pleasure and avoid pain. Utilitarian Theory (pleasure and pain theory), which assumes that all of our actions are calculated by their likelihood of bringing happiness (pleasure) or unhappiness (pain).  Thus, if a person commits a crime, he causes pain (damage or injury) to his victim, while he gains pleasure (fruit of the crime) from his act. Hence, laws are created to provide happiness (pleasure, due to peace and order) in the community. The punishment given to the criminal is punished (imprisoned) and peace and order are restored in the community. NEO-CLASSICAL SCHOOL  This theory argues that classical theory should be modified in certain details. Since children and lunatics cannot calculate pleasure and pain, they should not be regarded as criminals, or to be punished. This principle is to some extent extended to others, also by the system of considering certain "mitigating circumstances." Their action to crime, therefore, is no longer purely punitive. PRINCIPLES OF THE NEO-CLASSICAL SCHOOL 1. Judges should render sentences with minimum and maximum limits. 2. Mitigating and justifying circumstances should be recognized in the imposition of the penalties. 3. Minors are exempted from criminal responsibilities. 4. Mentally deficient and insane persons at the time of the commission of the crime are also exempted from criminal responsibility. POSITIVIST SCHOOL  It has attempted to find scientific objectivity for the measurement and quantification of criminal behavior. Its method was developed by observing the characteristics of criminals to observe what may be the root cause of their behavior or actions. Holy Three of Criminology Cesare Lombroso Enrico Ferri Raffaele Garofalo CESARE LOMBROSO (1835- 1909) Known as the "Father of Modern Criminology“ held that crime was a characteristic trait of human nature. The theory of anthropological criminology essentially stated that criminality was inherited and that someone "born criminal" could be identified by physical (congenital) defects, which confirmed a criminal as savage or atavistic. Lombroso proposed that the "born criminal" could be distinguished by physical atavistic or "stigmata", such as:  Large jaws, forward projection of jaw Low-sloping forehead High cheekbones Flattened or upturned nose Handle-shaped ears Hawk-like noses or fleshy lips Hard shifty eyes Scanty beard or baldness Insensitivity to pain Long arms relative to lower limbs CLASSIFICATIONS OF CRIMINALS BY LOMBROSO 1. Born Criminals There are born criminals according to Lombroso, the belief that criminal behavior is inherited. 2. Criminal by Passion Great emotions like fits of anger easily influence individuals. 3. Insane Criminals Those who commit crimes due to abnormalities or psychological disorders. They should be exempted from criminal liability. 4. Criminaloid A person who commits a crime due to less physical stamina/ self-control. 5. Occasional Criminal Are those who commit crimes due to insignificant reasons that pushed them to do at a given occasion. 6. Pseudo-Criminals Those who kill in self-defense. ENRICO FERRI (1856-1929) Ferri investigated social and economic aspects. Ferri summarized his theory by defining criminal psychology as a "defective resistance to criminal tendencies and temptations, due to that ill-balanced impulsiveness which characterizes children and savages“. Crimes through rational actions and not driven by conditions in their lives. RAFFAELE GAROFALO (1851- 1934) He rejected the doctrine of freewill (which was the main tenet of the Classical School) and supported the position that crime can be understood only if it is studied by scientific methods. Crime is an immoral act that is injurious to society. This was more of a psychological orientation than Lombroso's physical-type anthropology (Morrison, 1995). ROBERT E. PARK (1864-1944) He advocated the "Human Ecology Theory". Human Ecology is the study of the interrelationship of people and their environment. This theory maintains that crime is a function of social change that occurs along with environmental change. He made significant contributions to the study of urban communities, race relations, and the development of empirically grounded research methods, most notably participant observation in the field of ERNST KRETSCHMER (1888- 1964) Kretschmer was the first to describe the persistent vegetative state which has also been called Kretschmer's syndrome. He made the classification system that is based on the four main body types of physique related to various psychotic behaviors or types of crime they are prone to commit. FOUR MAIN BODY TYPES Pyknic Type - These who are stout and with round bodies. They tend to commit deception, fraud, and violence. Athletic Type - Those who are muscular and strong they usually connected with crimes of violence. Asthenic Type - Those who are skinny and slender. Their crimes are pretty thieves and fraud. Dysplastic or Mixed Type - Those who are less clearly evident having any predominant WILLIAM HERBERT SHELDON (1898-1977) He believed that heredity is the principal determinant of behavior, and the body shape or physique is a dependable and unswerving indicator of personality. In his "Somatotyping Theory" 1. Endomorphy - Typically, relaxed and comfortable persons with a predominance of soft and roundedness throughout the different regions of the body. They are essentially outgoing and gregarious or extrovert persons. (Temperament - Viscerotonic) 2. Mesomorphy - They are commonly called as athletic types of people who behave, act, and talk aggressively characterized by the predominance of muscles, large wrists, and hands. They tend to commit crimes of violence. (Temperament - Romotonic) 3. Ectomorphy - They are introverted persons who are poorly muscled and characterized by thin physiques, flat chests, predominance of skin, and fragile and delicate bones. (Temperament -  SCHOOL OF CLASSICAL CRIMINOLOGY THOUGHTS (MID OF 18TH CENTURY) BASIS Based on the Philosophy of UTILITARIANISM “ Philosophical Approach” FOCUS Crimes and Punishment CRIMINAL All man are rationale being felicific calculus or Rational Calculator PUNISHMENT Principles” Certainty of Punishment Purpose: Retribution SCHOOL OF POSITIVIST THOUGHTS CRIMINOLOGY (LATE OF 18TH CENTURY) BASIS Scientific Approach FOCUS Biological, Psychological and Sociological Determinism affecting criminal behavior CRIMINAL CRIMINAL Criminal Behavior is cause by external and internal factors outside of individual's control PUNISHMENT Purpose: Reformation CLASSIC POSITIVI AL ST SCHOOL SCHOOL 1. 1.Free will Determinis m 2. 2. Scientific Philosophy methods RAFFAELE GAROFALO (1851- 1934) He rejected the doctrine of freewill (which was the main tenet of the Classical School) and supported the position that crime can be understood only if it is studied by scientific methods. Crime is an immoral act that is injurious to society. This was more of a psychological orientation than Lombroso's physical-type anthropology (Morrison, 1995). EMILE DURKHEIM (1858 - 1917) He was a French sociologist who advocated the "Anomie Theory", the theory that focused on the sociological point of the positivist school which explains that the absence of norms of a society provides a setting conducive to crimes and other anti-social acts. Durkheim proposed the following principles: Crime is a natural thing in society The concept of wrong is necessary to give meaning to what is right Crime helps society for changes - it means that the society to be flexible to permit positive deviation must permit negative deviation as well. SIGMUND FREUD (1856- 1939) "Founder of Psychoanalysis", a clinical method for evaluating and treating pathologies in the psyche through dialogue between a patient and a psychoanalyst or it is a method for treating mental illness and a theory that explains human behavior. He divided the personality into the id (the primitive biological drives), the superego (the internalized values), and the ego (memory, perception, and SIGMUND FREUD PERSONALITY STRUCTURAL MODEL OF PERSONALITY The id (the primitive biological drives) is the most basic part of the personality because it is already present from the time of birth in the people. It involves making instantaneous decisions without thinking much about the cause and consequences of the decisions. EX. Sally was thirsty. Rather than waiting for the server to refill her glass of water, she reached across the table and drank from Mr. Smith's water glass, much to his surprise. Ego (memory, perception, and cognition) This helps people make decisions based on the reality principle, trying to meet the desires of the id in a way that is socially acceptable in the world. It involves taking decisions not only based on fulfilling personal needs or desires but also considering the realistic and socially approved behavior. EX. Sally was thirsty. However, she knew that her server would be back soon to refill her water glass, so she waited until then to get a drink, even though she really just wanted to drink from Mr. Smith's glass. Superego (the internalized values) The superego helps us make appropriate judgments by suppressing the id's urges and forcing the ego to work as per moral principles rather than the realistic principles. The superego is divided into two parts, i.e., the ego ideal and the conscience. The ego ideal includes a set of rules for the appropriate behavior. The conscience involves the set of rules for behavior that are considered as bad. EX. Sarah knew she could steal the supplies from work, and no one would know about it. However, she knew that stealing was wrong, so she decided not to take anything even though she would probably never get caught. EDWIN SUTHERLAND (1883- 1950) He was an American criminologist, best known for his development of the "Differential Association Theory" of crime. In recognition of his influence, the most important annual award of the American Society of Criminology is given in his name. He is considered the "Dean of Modern Criminology". Sutherland maintained that criminal behavior is a product of normal learning through social interaction. He claimed that individual behavior is learned through peers and that, if an WALTER RECKLESS (1899-1988) He was an American criminologist known for his "Containment Theory" of criminology, which stated that juvenile delinquency commonly arises from a breakdown in moral and social forces that otherwise "contain" deviant behavior. KARL MARX (1818-1883) He is famous for his theories about "Capitalism and Communism". "Marxism" is a social, political, and economic philosophy named after Karl Marx. It examines the effect of capitalism on labor, productivity, and economic development and argues for a worker revolution to overturn capitalism in favor of communism. KARL MARX (1818-1883) Marx wrote that the power relationships between capitalists and workers were inherently exploitative and would inevitably create class conflict. He believed that this conflict would ultimately lead to a revolution in which the working class would overthrow the capitalist class and seize control of the economy. ROBERT KING MERTON (1910-2003) He was an American sociologist who is considered a "Founding Father of Modern Sociology", and a major contributor to the subfield of criminology. He advocated the "Strain Theory", which maintain the failure of man to achieve a higher status/ goal to be attained. He argued that crime is a means to achieve goals and the social structure is the root of the crime problem. Merton's explanation of criminal behavior assumes that people are law- abiding but when under great pressure will result in crime. ALBERT K. COHEN (1918- 2014) He is known for his "Subcultural Theory of Delinquent Urban Gangs" including his influential book "Delinquent Boys: Culture of the Gang". In his 1955 work, Delinquent Boys: The Culture of the Gang, Cohen wrote about delinquent gangs and suggested in his theoretical discussion how such gangs attempted to "replace" society's common norms and values with their own sub-cultures. GRESHAM SYKES (1922– 2010) He coauthored "Techniques of Neutralization: A Theory of Delinquency" with David Matza, published in the in December 1957. Sykes and Matza developed their "Theory of Neutralization" FIVE METHODS/TYPES OF NEUTRALIZATION 1. Denial of Responsibility - The perpetrator perceives himself as a victim of unfavorable social conditions or circumstances. Not himself, but others are responsible for his actions. 2. Denial of Injury - The offender trivializes or plays down his actions; and does not recognize it as immoral. 3. Denial of the Victim - The offender believes that the victim deserved the crime committed against him (e.g. because of ethnic background or sexual orientation). 4. Condemnation of the Condemners - The perpetrator accuses the police and other state controls of being corrupt, flawed, selfish, and unjust. 5. Appeal to Higher Loyalties - The offender claims to have acted in the interest of others or based on orders or peer pressure, but not according to his own will. RICHARD CLOWARD (1926- 2001) Cloward wrote "Delinquency and Opportunity: A Theory of Delinquent Gangs" or "Differential Opportunity Theory", which rejected the prevailing premise that delinquency resulted from individual irresponsibility and argued it was caused by poverty and the lack of alternative opportunities caused by poverty, and that the conditions underlying delinquency could be resolved through social program in local communities that addressed the essential causes. LLOYD OHLIN (1918-2008) he studied the causes and effects of crime and punishment, especially as it related to youthful offenders and delinquents. He was the co-authored of fellow sociologist Richard Cloward. "Differential Opportunity Theory", working-class juveniles will choose one or another type of subcultural (gang) adjustment to their anomic situation depending on the availability of illegitimate opportunity structures in their neighborhood. LABELING THEORY This theory explains social reaction to behavior. The theory maintains that the original cause of crime cannot be known, no behavior is intrinsically criminal, and behavior becomes criminal if it is labeled as such. Posits that self-identity and the behavior of individuals may be determined or influenced by the terms used to describe or classify them. FACTOR S AFFECTING THE APPROACHES OF CRIMES AND CRIMINALITY SUBJECTIVE APPROACH This approach deals primarily with the biological explanation of how and why crimes are committed. It discusses the forms of abnormalities that present in the individual perpetrator/malefactor before, during and after the violation of the laws. Anthropological - These deals with the study on the physical features/ characteristics of an individual criminal with non-criminal to determine differences covering criminal behavior. (Hooton) Medical - The science of medicine explains the mental and physical conditions of the person prior and after the commission of the crime. (Positivist) Biological According to Taft, heredity is one major factor in why a person commits a crime. As the saying says, "Like Father, Like Son" or "It is in the blood". Men as living organisms has been the object of the several studies which has the purpose of determining the causes of his crime. Among such studies are the following: a. Physiognomy - This is the study of the relationship between the facial features and human conduct of a person in relation to his crimes. This study or science was used by Beccaria in 1764 (Crime and Punishment) and Lavater in 1775 (physiognomical Fragment) wherein they both stated that the way to discover the character of a person by: Observation of his physical appearance Measurement of the outward appearance b. Phrenology or Craniology This is 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 Christaph Spurzheim claims in their study that the shape of the head of the criminals differs from that of the non-criminals. The theory, however, was found without scientific basis. Physical Defects and Handicapped in Relation to Crimes Leaders of the notorious criminal group are usually nicknamed for their physical defects and handicaps such as comp funny words "Dorong Pilay" and others. Commonly, these criminals are known for their physical handicaps and defects which were the usual source of irritation during their childhood days whenever become the subject matter of jokes by others. As a consequence, they become a violent, feel inferior to others and or being ostracized by the society. Study of Kallikak Family Tree (Goddard) Martin Kallikak was a soldier of the American revolutionary war and while stationed in a small village he met and had illicit relations with a feeble-minded girl. About 489 descendants from this lineage when traced included 143 feeble- minded and only 46 are normal. Thirty-six were illegitimate, 3 were epileptics, 3 criminals, 8 kept brothers and 82 died in infancy. Study of Juke Family Tree (Dugdale & Estrabook) The Juke Family consisted of 6 girls some of whom were illegitimate. One of the six sisters, Ada Juke was known as "Margaret" the mother of criminals. Dugdale traced the 1,200 descendants for 75 years from its origin and found 280 as paupers. 140-criminals, 50 habitual thieves, 300 infants prematurely born. 7 murderers, 50 prostitutes, 440 contaminated with sexual diseases, and 30 were prosecuted for bastardies. Study of Sir Jonathan Edwards Family Tree Sir Jonathan Edwards was a famous preacher during the colonial period. When his family tree was traced, none of the descendants was found to be criminal. On the other hand, many became presidents of the United States, governor, members of Supreme Court, famous writers, preachers, and teachers. e. Psychiatric & Psychoanalytical a. Psychiatric - This explains that the mental disease of the person is the reason why he infringed the existing norms and laws of the land. b. Psychoanalytical - The imbalance state of Id. Ego and Super Ego are the cause of the deviation of the individual to the normal pattern of rules and regulations present in society. VARIOUS STUDIES OF HUMAN BEHAVIOR AND MIND IN RELATION TO THE CAUSES OF CRIMES: 1. Aichorn In his 1925 book entitled Wayward Youth, said the cause of crime and delinquency is the faulty development of the child during the first few years of his life. 2. Abrahansem In his crime and the Human Mind, (1945) explained the cause of crime by this formula "Criminal behavior equals criminalistics tendencies plus crime including situation divided by the persons mental or emotional resistance to temptation". 3. Cyrill Burt (Young Delinquent, 1925) He gave the theory of general emotions. According to him, many offenses can be traced to either in excess or a deficiency of a particular instructive drive. 4. Healy (Individual Delinquency) Healy claimed that crime is an arid expression of the mental content of the individual. Frustration of the individual causes emotional discomfort, personality demands the removal of pain, and the pain is eliminated by substitute behavior; that is crime delinquency of the individual. 5. Blomberg (Crime and the Mind, 1946) He claimed that criminality is the result of emotional immaturity. A person is emotionally matured when he has learned to control his emotions effectively and who lives at peace with himself and in harmony with the standards of conduct which are acceptable to society. OBJECTIVE APPROACH It focuses on the study of groups of individuals, social processes, and institutions as influences on and determines behavior. These are mainly obtained from social sciences like: 1. Geographic - It considers topography, natural resources, geographical location, and climate which push a person to commit crimes. a. North and South Pole - According to Quetelet’s "thermic law of delinquency", crimes against persons predominate in the South Pole in the warm season while crimes against property predominate in the North Pole and cold countries. b. Approach to the Equator - According to Montesquieu (Spirits of Laws, 1748) criminality increase in proportion as one approach the equator, and drunkenness increases as one approaches the north and south poles. c. Season of the Year - Crimes against persons are more in summer than rainy season while crimes against property are more during the rainy season. Climatic conditions directly affect one's irritability and cause criminality. During the dry season, people get out of their houses more contact and consequently more probability of personal violence. d. Soil Formation - More crimes of violence are recorded in fertile level lands than in hilly rugged terrain. Here is more congregations of people and there are more irritation. There is also more incidence of rape in level districts. e. Month of the Year - There is more incidence of violent crimes during warm months from April up to July. Having its peak in May. This is due to May festivals, excursions, picnics and other sorts of festivities wherein people are more in contact with You sent one another. f. Temperature - According to Dexter, the number of arrests increases quite regularly with the increase of temperature. The increase of temperature affects the emotional state of the individual and leads to fighting. The influences of temperature among females are greater than among males. g. Humidity and Atmosphere Pressure – According to the survey, large number of assaults are to be found correlated with low humidity and a small number in high humidity. It was explained that low and high humidity are both vitality and emotionally depressing to the individual. h. Wind Velocity - Under the same study, it was explained that during high wind, the number of arrests were less. It may be due to the presence of more carbon dioxide in the atmosphere lessens the vitality of men to commit violence. 2. Ecological - According to Park, this approach deals with the biotic grouping of en resulting to migration, competition, social discrimination, division of labor, and social conflict as influences on the commission of crimes. 3. Economic – Merton believed that poverty or economic difficulty pushes a person to commit a crime to support his and his family’s needs. 4. Socio-Cultural - Cohen affirms that institutions, education, politics, and religion are major factors in the commission of crimes. CONTEMPORARY APPROACH It is the combination of the different approaches to explain reasons or causes for the commission of crimes which focuses on the psychoanalytical, psychiatric and sociological theories.