Criminology - Origin, Nature, and Classification PDF

ORIGIN OF THE WORD CRIMINOLOGY - Etymologically, the term criminology is derived from the Latin *crimen*, which means *accusation*, and the transliterated Greek *logia*, which has come to denote "the study of," therefore the study of crime. - The term criminology was coined in 1885...

ORIGIN OF THE WORD CRIMINOLOGY - Etymologically, the term criminology is derived from the Latin *crimen*, which means *accusation*, and the transliterated Greek *logia*, which has come to denote "the study of," therefore the study of crime. - The term criminology was coined in 1885 the Italian Law Professor Raffaele Garofalo coined the term Criminologia; - In 1889, French Anthropologist Paul Topinard used an analogous French term \"Criminologie\"; - The English term of criminology was used by Edwin Sutherland is "Criminology" Criminology - According to Edwin H. Sutherland, Criminology is the entire body of knowledge regarding crime as a social phenomenon. It includes within its study are the processes of making),of breaking laws *a*nd the reactions toward the breaking of the laws. - It is also referring to the entire body of knowledge regarding crimes, criminals, and the effort of the society to prevent and repress them (Maglinao). - refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of crimes (RA 11131) PRINCIPAL DIVISION OF CRIMINOLOGY 1. Criminal Etiology (Origin)- -is the scientific study of the causation( cause or origin) of crime. It study the primary reasons for crime commission. 2. Sociology of Laws- Refers to the study of the nature of criminal law and its administration. It is the scientific analysis of the conditions under which criminal laws develop as a process of social control. [Nature of Criminology](https://www.slideshare.net/slideshow/lecture-notes-criminologypptx/262283226) - Science --It is defined as the systematized knowledge or practice. - Art -- refers to the use of skill and imagination in the creation of aesthetic objects, environment or experiences that can be shared with others. [George Wilker - Criminology ](https://www.slideshare.net/slideshow/lecture-notes-criminologypptx/262283226)cannot become a science because it has not yet acquired universal or worldwide validity. Edwin H. Sutherland who is known as the Dean of Modern Criminology hoped that it will become a science in the future since the causes of crimes are almost the same which may be biological, environmental or combination of the two. NATURE OR CHARACTERISTIC OF CRIMINOLOGY 1. Criminology as a Social Science - Since crime is a social creation and that it exists in the society, its study therefore is considered part of social science. 2\. As an Applied Science -- study of crimes does not end with pure intellectual discovery it requires the application of the various fields of study in order to help in policy making towards the creation of more responsive programs for crime prevention as well as in the solution of crimes in our society. In the study of the causes of crimes anthropology, psychology, sociology and other natural sciences may be applied. In crime detection chemistry, medicine, physics, mathematics, ballistics, polygraph, legal medicine, question document examination may be utilized. This is called instrumentation 3\. Criminology is Nationalistic -- The study of criminology must be in relation with the existing penal law within a specific territory because an act in one country may be considered a crime but not in other countries. The study of crimes must be in relation with the existing criminal law within a territory or country. 4\. Criminology is Dynamic - Criminology changes as social condition changes. It is concomitant with the advancement of other sciences that have been applied to it. Other fields of Studies related to Criminology - Criminal demography - study of the relationship between criminality and population - Criminal Ecology - study of the relationship between environment and criminality - Criminal Epidemiology - study of criminality in relation to the spatial distribution in a community - Criminal physical anthropology - study of criminality in relation to physical constitution of men - Criminal psychology - study of human behavior in relation to criminality - Criminal psychiatry - study of human mind in relation to criminality - Victimology - study of the role of the victim in the commission of a crime Victim maybe classified as: - Primary victim - those who directly suffered as a result of the crime - Secondary victim - those who suffered indirectly, such as the spouse, children, parent, brothers, sisters or relative of the victim. - Tertiary or remote victim - those who become victim psychologically because they become afraid of the effects of crime by watching television, newspaper listening to witness testimony. Why must member of society be interested in Crime? 1. Crime is pervasive- almost all members of free society are once upon a time a victim or an offender of criminal act. Crime as an act associate of society affected almost all people\-\-\--regardless of sex, age, race, nationality, religion, financial condition, education an other personal circumstances. 2. Crime is expensive- the government and private section spend an innermost amount of money for crime detection, prosecution, correction and prevention. These expenses are: a. Direct expenses- those spent by the government or private section for the maintenance or police and security guards for crime detection, prosecution and judiciary support of prison system. b. Indirect expenses- those expenses utilized to prevent the commission of the crime like construction of window grills, fences gate, purchase of door locks, safety vaults, hiring watchmen, feeding of watchdogs, etc. 3\. Crime is destructive- Many lives have been lost because of crime like murder, homicide and other violent deaths. Properties has been lost or destroyed on account of theft, robbery and arson. 4\. Crime is reflective- crime rate or incidence in a given locality Is reflective in effectiveness of the social defenses employed by the people\-\-\-\-- primarily that of the police system 5\. Crime is progressive- The progressive increase in the volume of crime is on account of the ever increasing rate And Their technique shows the progressive thinking of the society for advancement. CRIME AND CRIMINAL LAW Crime --Crime is an act committed or omitted in violation of law, commanding or forbidding it. An act that is injurious, detrimental or harmful to the norms of the society. It is generic term that refers to offense, felony and delinquency or misdemeanor.  Criminal laws explicitly state what actions are prohibited, what actions are required to be done and provided for the penalties or punishments to be imposed in case of violation of the laws. Without laws that prohibit the act, the act cannot be called a crime. This is the essence of the Latin principle," *nullum crimen, nulla poena sine lege*, that is, *there is no crime where there is no law punishing it.* Triangle of Crime 1. Desire - The wanting of the person to commit the crime. 2. Capability- The ability or the means of the offender to commit the crime i.g. skills, methods etc. 3. Opportunity- The physical possibility for crime to be committed/ The chance/probability that the offender must have to commit the crime Categories of Crime a\. Felony -- an act or omission punishable under the Revised Penal Code b\. Offense -- an act or omission in violation of a special law c\. Infraction -- an act or omission in violation of a city or municipal ordinance **LEGAL CLASSIFICATION OF CRIMES** 1\. According to the manner of committing crime: a. by means of dolo or deceit- if the crime is committed with deliberate intent. b. by means of culpa or fault- lack of foresight or lack of skill when the wrongful act result from imprudence, negligence, *2. as to the stages in the commission of crimes:* a. Attempted crime - when the offender commences the commission of a crime directly by overt acts and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance b. Frustrated crime -- when the offender has performed all the acts of execution which will produce the felony as a consequence but which nevertheless do not produce it, by reason of causes independent of the will of the perpetrator c. Consummated crime -- when all the elements necessary for its execution and accomplishment are present. a. simple crime -- single act constituting only one offense. b\. complex crime -- single act constituting two or more grave felonies or an is a necessary means for committing the other. 4\. *according to gravity:* a. grave felonies -- are those to which the law attaches the capital punishment or penalties which in any of their period are afflictive. b. less grave felonies -- those to which the law attaches correctional penalties..(imprisonment of more than one month but not more than 6 years or fine of P200.00 but not more than P6,000.00) c. light felonies -- those to which the law attaches the penalty of arresto menor or a fine not exceeding P200.00 (the penalty is imprisonment of one day to thirty days or fine of not more than P200.00) 5\. According to the nature of the act: a. Crime Mala in Se =are acts that are inherently evil. Examples are murder, robbery, etc. b. Crime Mala prohibita = are acts which are prohibited only because there are laws forbidding such acts. CRIMINOLOGICAL CLASSIFICATION OF CRIMES 1\) *According to the result of the crime:* A. acquisitive crime -- if the offender acquired or gained something by committing the crime. B. extinctive crime --if the crime resulted in destruction, damage or even death. 2\) *According to the place or location:* A. static crime -- committed in only one place. B. continuing crime --are crimes that take place in more than one place or several places. *3). According to the use of mental faculties:* A. Rational crimes -- when the offender is capable of knowing what he is doing and understanding the consequences of his actions. b\. Irrational Crimes -- when the offender suffers from any form of mental disorders, insanity or abnormality. Thus, the offender doesn't know what he is doing. 4\. *According to the type of offender:* a. white-collar crime --those committed by a person belonging to the upper socio-economic class in the course of his occupational activities. b. blue-collar crime -- committed by ordinary professional criminal to maintain his livelihood. 5\) According to the time or period of commission: a. seasonal crime -- are crimes that happen only during a particular season or period of the year. b\) situational crime --are crimes committed when the situation is conducive to the commission of the crime and there is an opportunity to commit it. 6\. According to the length of time of the commission: a. Instant crimes -- are those crimes that can be committed in a very short time. b\. Episoidal crimes -- are crimes committed through series of acts or episodes and in much longer time. [7. Imitation- Passion](https://www.slideshare.net/slideshow/lecture-notes-criminologypptx/262283226) 1. Crimes of Imitation -- those committed, the pattern of which is merely a duplication of what was done by others. 2\. Crimes by Passion -- those committed because of the fit of passion, anger, jealousy, hatred CRIMINAL In the legal sense, a criminal is any person who has been found to have committed a wrongful act in the course of the standard judicial process; there must be a final verdict of his guilt. In the criminological sense, a person is already considered a criminal the moment he committed a crime. GENERAL CLASSIFICATION OF CRIMINALS 1\) *On the basis of etiology:* a\. Acute criminal -- is a person who committed crime as a result of reacting to a situation or during a moment of anger or burst of feeling. b\. Chronic criminal -- is one who committed a crime with intent or deliberated thinking such as: 1\. Neurotic criminal -- is one who has mental disorder. 2\. Normal criminal -- a person who commits crimes because he looks up to, idolizes people who are criminals 3\. Criminaloids -- caused by an organic pathological process 2\. Normal criminal -- a person who commits crimes because he looks up to, idolizes people who are criminals 3\. Criminaloids -- caused by an organic pathological process \- are individuals whose criminal behavior is influenced by an organic pathological process, meaning that their actions stem from a biological or medical condition. 2. According to the type of offender: a. ordinary criminals --a criminal who engages in crimes which do not require specialized or technical skill. It said to be the lowest form of criminal career. b. organized criminals --these criminals have a high degree of organization that enables them to commit crimes without being detected and committed to specialized activities which can be operated in large scale of businesses. It involved in certain criminal activities that require planning and strategizing. c. professional criminals -- these are highly skilled and able to obtain considerable amount of money without being detected because of organization and contact with other professional criminals. a\) professional criminals -- those who earn their living through criminal activities b\) Situational criminal -- a person who got involved in criminal act because the situation presented itself. c\. Habitual criminal -- one who repeatedly commits criminal act for different reasons. d\. Accidental criminal -- a person who accidentally violated the law due to some circumstances beyond his control. [4. Based on ](https://www.slideshare.net/slideshow/lecture-notes-criminologypptx/262283226)Mental Attitude 1. Active Aggressive Criminals -- those who commit crime in an impulsive manner usually due to the aggressive behavior of the offender, such attitude is clearly shown in crime of passion, revenge or resentment. 2. [Passive-inadequate Criminals ](https://www.slideshare.net/slideshow/lecture-notes-criminologypptx/262283226)--are individuals who commit crimes not out of their own initiative, but because they are push to it by inducement, reward or promise without considering its consequence. 3. Socialized delinquents -- those who are normal in their behavior but merely defective in their socialization processes. These individuals are often educated and respected members of society but may commit crimes due to particular circumstances or pressures they face.