CRIM-111 Introduction to Criminology Learning Guide A.Y. 2023-2024 PDF

CRIM-111 INTRODUCTION TO CRIMINOLOGY LEARNING GUIDE CHAPTER 1: General Concept of Criminology and Criminal Justice System CRIMINOLOGY - According to Edwin H. Sutherland, “Criminology is the entire body of knowledge regarding crime as a socia...

CRIM-111 INTRODUCTION TO CRIMINOLOGY LEARNING GUIDE CHAPTER 1: General Concept of Criminology and Criminal Justice System CRIMINOLOGY - According to Edwin H. Sutherland, “Criminology is the entire body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making of laws, of breaking of laws, and the society’s reaction towards the breaking of laws.” - Criminology is a body of knowledge regarding crimes, criminals, and the efforts of society to prevent and repress them. - The scientific study of the causes of crime in relation to man and society who set and define rules and regulations for himself and others to govern. - An interdisciplinary science that gathers and analyzes data on various aspects of crime and criminal behavior. - Criminology came from the Latin word “crimen” which means accusation (in other references means: crime or offense) and the Greek word “logia” which means to study. - In 1885, RAFAELLE GAROFALO, an Italian Law Professor coined the term “Criminologia” which means the study of crimes. - In 1887, PAUL TOPINARD, a French Anthropologist, coined the term “Criminologie” which differentiates the study of criminal body types within the field of anthropology from other biometric pursuits. - Curt Bartol and Anne Bartol, described Criminology as a "Multidisciplinary study of crimes. It involves a wide array of knowledge about crimes and criminals including psychology, sociology, anthropology, biology, neurology, political science, economics, and others." - Cirilo Tradio articulated that Criminology is a "Body of knowledge regarding delinquency and crime as a social phenomenon. It may also refer to the study of crimes and criminals and the attempt to analyze scientifically their causes and control and the treatment of criminals. " - 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". Section 4 (i) of the law's (R.A. 11131) Implementing Rules and Regulations affirmed that Criminology "refers to the scientific study of crimes, criminals, victims, and criminal behavior. It also deals with the prevention, and solution of crimes." RA 6506 – an Act creating the Board of Examiners for Criminologists in the Philippines and other purposes Approved and became effective on July 1, 1972. RA 11131- Philippine Criminology Profession Act of 2018 - An act regulating the practice of Criminology Professions in the Philippines, and approving funds, therefore, repealing for the purpose of RA 6506 RA 10912 – Continuing Professional Development Act of 2016 (CPD Law) - The law aims to promote and upgrade the practice of professions in the country and to continuously improve the competence of professionals in accordance with international standards of practice. PROFESSIONAL CRIMINOLOGIST ASSOCIATION OF THE PHILIPPINES (PCAP) – the legitimate organization of Criminologists recognized by the Professional Regulation Commission. Philippine Educators Association for Criminology Education (PEACE) – created on January 13-25, 1983 primarily to professionalize criminology education in the context of National development. Registered Criminologist – refers to a natural person who holds a valid certificate of registration and an updated professional identification card as a criminologist issued by the Board and the Commission pursuant to RA 11131. 1|Page Criminologist- (Marvin Wolfgang & Franco Ferracuti) One whose professional training, occupational role, and pecuniary reward are primarily concentrated on a scientific approach to, and study and analysis of the phenomenon of crime and criminal behavior. Sec. 22 of the repealed Republic Act 6506, a Criminologist is any person who is a graduate of the degree of criminology, who passed the examination for criminologists and is registered as such by the board. Section 4 (g) of Republic Act 11131 decreed that Registered Criminologist (RCrim) "refers to a natural person who holds a valid certificate of registration and updated professional identification card as criminologist issued by the Board and the Commission pursuant to this Act." B. Nature, Scope, and Purposes of the Study of Criminology Criminology is an interdisciplinary profession built around the scientific study of crime and criminal behavior, including their manifestations, causes, legal aspects, and control. Being interdisciplinary, it draws discipline to provide an integrated approach to upon other understanding the problem of crime in contemporary society and to advance solutions to the problem crime creates. CRIMINAL JUSTICE SYSTEM Simply defined as a system of delivery of justice to those who have committed a crime. The Criminal Justice System is a machinery of the State or government, which enforces the rules of conduct necessary to protect life and property and maintain peace and order. It is a process in the community by which crimes are investigated, and the person suspected thereof is taken into the custody of the police, prosecuted in court, and punished if found guilty, provisions being made for their correction and rehabilitation. Criminal Justice In a strict sense criminal justice is a system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses. 1. Law Enforcement Pillar- It involves the prevention of the commission of crime and the protection of the life, liberty, and property of citizens. They are at the forefront of the Criminal Justice System of the country. They deal directly with the citizens and are directly exposed to the criminal elements. The national government plays the primary role in law enforcement, particularly in policing (Supreme Court of the Philippines and UNDP, 2006). The primary law enforcement agencies in the Philippines are the Philippine National Police (PNP) and the National Bureau of Investigation (NBI). 2. Prosecution Pillar-It conducts the preliminary investigation of cases filed in the prosecutors' offices and prosecutes cases filed in the court against alleged offenders after probable cause has been established (Supreme Court of the Philippines and UNDP, 2006). The primary agency under the Prosecution pillar is the National Prosecution Service, which is composed of 1) Prosecution Staff in the Office of the Secretary of Justice headed by the Chief State Prosecutor; 2) The Regional State Prosecution Offices headed by Regional State Prosecutors; and 3) The Provincial and City Prosecution Offices are headed by the Provincial Prosecutor and City Prosecutor, respectively. 3. Judiciary or Court Pillar- It adjudicates cases and renders judgment. The Philippine Judiciary is a four- tiered court system consisting of 1) The Supreme Court as the highest court of the land; 2) The intermediate courts consisting of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals: 3) The second-level courts, which consist of Regional Trial Courts and Shari'a District Courts; and 4) The first level courts consisting of Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari'a Circuit Courts (Philippine Judicial Academy, 2011). 2|Page  4. Penology or Corrections Pillar-It is classified into two: a. Institution-based Correction- this refers to prisons and jails that house prisoners serving terms of imprisonment; under detention status; and those for safekeeping in selected cases. There are two primary agencies in institution-based correction, they are: the Bureau of Corrections (BUCOR); the Bureau of Jail Management and Penology (BJMP) b. Non-Institutional or Community-based Correction- this pertains to probation and parole. Probation is at privilege granted by the court to a person convicted of a criminal offense to remain in the community instead of going to prison/jail (Parole and Probation Administration, n.d.). Parole is the conditional release of a prisoner from the correctional institution after serving the minimum period of a prison sentence (Parole and Probation Administration, n.d.). The primary agency of this pillar is the Parole and Probation Administration (PPA). 5. Community Pillar- It collectively imposes limitations on the individual behavior of citizens that deters criminality and criminal behavior, for the common good of civilized and democratic society Institutions such as the Barangay, government agencies, legislative bodies, the academe, and religious and civic organizations, among others, are involved in this pillar. It is however commonly understood to mean the organized civil society and community members that perform the role of both duty holder and claim holder in the administration of justice (Supreme Court of the Philippines and UNDP, 2006). CHAPTER 2: Evolution of Criminology Is criminology a science? According to George Wilker, criminology cannot become a science because it has not yet acquired universal validity. Edwin H. Sutherland, the Dean of Modern Criminology, hoped that it would become a science in the future since the causes of crimes are almost the same which may be biological, environmental, or a combination of the two. Principal Divisions of Criminology  Etiology of Crimes – the scientific analysis of the causes of crimes and criminal behavior.  Sociology of Law – refers to the investigation of the nature of criminal law and its administration  Penology – the study of the control of crimes and the rehabilitation of the offender Nature of Criminology 1. It is applied science because criminology as a body of knowledge has already established universally accepted principles and concepts and these are used by another field of study. (INSTRUMENTATION) It is an applied science - In the study of the causes of crimes, anthropology, psychology sociology, and other natural sciences may be applied. While in crime detection, chemistry, medicine, physics, mathematics, ballistics, polygraphy, questioned document examination may be utilized; 2. It is a social science because it studies crime as a social phenomenon. Crime is a social problem that has a great impact on society. Since crime is a social creation and it exists in society, its study, therefore, is considered part of social science; 3. It is dynamic because the concepts of criminology and their applications adapt to the changing times. Criminology changes as social condition changes. It is concomitant with the advancement of other sciences that have been applied to it; and 4. It is nationalistic because the study of criminology takes into consideration the history, the culture, the social norms, and the laws of the country. Each country has its own set of laws and crimes are defined by the laws of the country. The study of crimes must be in relation to the existing criminal law within a territory or country. This is so because the power to define and punish crime is enjoyed by the State in accordance with its police power. 3|Page The following disciplines are involved in Criminology, to wit: 1. Criminal Anthropology - It is the study and investigation of the organic and psychic constitution of the criminal and the conditions of his social life. The criminal is the degenerate whose organic and psychic development has been arrested. 2. Criminal Psychology - Scope includes the study of the psychological traits of the criminal, or his basic psychological characteristics, which are moral insensibility and improvidence. 3. Criminal Statistics - Studies the relation of causality between certain personal conditions, physical and social phenomena, criminality, its increase or decrease, and forms of its appearance. 4. Criminal Sociology It embraces all branches of criminal science including criminal law and transforms the science of crimes and penalty into one of positive observation. 5. Criminal Politics- A science consisting of principles with which the State organizes its fight against criminality. The basis is knowledge of criminal law, criminality, penalties, and other measures of social defense. 6. Forensic Medicine's Object is to place medical knowledge at the disposal of the administration of justice, both civil and criminal. 7. Forensic Chemistry The application of chemical principles in the solution of problems that arise in connection. The study of Criminology covers the origin and development of criminal or penal law; crime causation; and factors that enhance the development of criminal behavior such as criminal demography, criminal epidemiology, criminal ecology, criminal psychology, criminal psychiatry, and victimology, defined as follows: 1. Criminal Demography-study of the relationship between criminality and population; 2. Criminal Epidemiology- the study of the relationship between environment and criminality; and 3. Criminal Ecology-study of criminality in a community; special distribution 4. Criminal Physical Anthropology- the study of criminality in relation to the physical relation to the constitution of men; 5. Criminal Psychology- the study of human behavior in relation to criminality; and 6. Victimology study of the role of the victim in the commission of crime. Terms to ponder: 1. Anthropology- the study of human biological and physiological characteristics. 2. Crime is an act committed or omitted in violation of public law forbidding or commanding it. 3. Criminal Law- a branch or division of law, that defines crimes, treats of their nature, and provides punishment. 4. Penology- the study of the control of crimes and rehabilitation of offenders. 5. Sociology- is the mother discipline of criminology. It is the study of human society, its origin, structure, functions, and direction. 4|Page CHAPTER 3: Theories of Crime Causation SCHOOLS OF THOUGHT IN CRIMINOLOGY School of Thought – refers to a group of beliefs or ideas that support a specific theory. Theory – a set of statements devised to explain behavior, events, or phenomenon, especially one that has been repeatedly tested and widely accepted.  1. DEMONOLOGICAL THEORY - asserts that a person commits wrongful acts due to the fact that he was possessed by demons. It is known as a supernatural explanation of criminality. Violator’s actions, accordingly, are determined by forces beyond his control. And so, trial by ordeal (Salem Witch Trial) was instituted in which the accused was exposed to the dangerous test and, if the person survived, he or she had been protected by God and therefore shall be declared innocent. 2. CLASSICAL SCHOOL OF CRIMINOLOGY  Contemporarily known as Rationalize Choice Theory  The classical school of criminology grew out of a reaction against the barbaric system of law, punishment, and justice that existed. There was no real system of criminal justice in Europe at that time. Some crimes were specified, some were not. Judges had discretionary power to convict a person for an act not even legally defined as criminal.  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. The basis of criminal liability is human free will and the purpose of penalty is retribution.  Hedonism refers to the pleasure principle, which means that the main purpose of life is to maximize pleasure while minimizing pain.  This theory, however, does not give any distinction between an adult and a minor or a mentally handicapped in as far as free will is concerned. The founders of the classical school of criminology are Cesare Beccaria and Jeremy Bentham. Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794)  Best known for his essay, “On Crimes and Punishment” which presented key ideas on the abolition of torture as a legitimate means of extracting a confession.  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 the penal code in France, Russia, and Prussia and it influenced the first ten amendments to the US Constitution Beccaria believed that: 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 obtained from crime. d. Famous for saying “Let the punishment fit the crime” HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM  In forming a human society, men and women sacrifice a portion of their liberty so as to enjoy peace and security.  Punishments that go beyond the need to preserve public safety are in their nature unjust. 5|Page   Criminal laws must be clear and certain. Judges must make uniform judgments in similar crimes.  The law must specify the degree of evidence that will justify the detention of an accused offender prior to his trial.  Accusations must be public. False accusations should be severely punished.  To torture accused offenders to obtain a confession is inadmissible.  The promptitude of punishment is one of the most effective curbs on crime.  The aim of punishment can only be to prevent the criminal from committing new crimes against his countrymen and to keep others from doing likewise. Punishments, therefore, and the method of inflicting them, should be chosen in due proportion to the crime, so as to make the most lasting impression on the minds of men…  Capital punishment is inefficacious and its place should be substituted for life imprisonment.  It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation. Jeremy Bentham (1748-1832)  His contribution to the classical school of criminology is the concept of utilitarianism and felicific calculus.  Proposed “Utilitarian Hedonism” which explains that a person always acts in such a way to seek pleasure and avoid pain.  founded the concept of UTILITARIANISM – which assumes that all our actions are calculated in accordance with their likelihood of bringing pleasure and pain  devised the pseudo-mathematical formula called “felicific calculus” which states that individuals are human calculators who put all the factors into an equation in order to decide whether a particular crime is worth committing or not  he reasoned that in order to deter individuals from committing crimes, the punishment, or pain, must be greater than the satisfaction, or pleasure, he would gain from committing the crime Utilitarianism – is a philosophy that argues that what is right is the one that would cause the greatest good for the greatest number of people. - Others refer to it as the “greatest happiness of the greatest number” or the principle of utilitarianism - from this principle, Bentham formulated the pseudo-mathematical formula “felicific calculus”, which views individuals as human calculators who put all factors into an equation before deciding whether a particular crime is worth committing or not. The punishment or pain must be greater than the satisfaction or pleasure he would gain. Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals calculate the consequences of their actions by weighing the pleasure (gain) and the pain (suffering) they would derive from doing the action. 3. NEOCLASSICAL CRIMINOLOGY  This theory modified the doctrine of free will by stating that the 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.  This has been adopted into the Philippine legal system either as exempting or mitigating circumstances as can be gleaned under Art. 12 and Art 13 respectively, of R.A 3815 or RPC. Effects of the Neo-Classical School of Thought: 1. Children and lunatics are exempted from punishment. 2. Certain mitigating circumstances should be taken into account. 6|Page  4. POSITIVIST SCHOOL OF CRIMINOLOGY/ ITALIAN SCHOOL OF THOUGHT  The term “positivism”, refers to a method of analysis based on the collection of observable scientific facts (scientific revolution).  Positivists believe that causes of behavior can be measured and observed.  It demands facts and scientific proof, thus, changing the study of crimes and criminals into a scientific approach.  Positive theorists were the first to claim the importance of looking at individual differences 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.  Positivists rejected the harsh legalism of the classical school and substituted the concept of “free will” with the doctrine of Determinism human behavior is caused by biological and psychological factors specific to individuals and/or the structural factors that comprise one’s environment. The Positivist School was composed of several Italians. Generally, it is associated with Cesare Lombroso (who founded the Italian School of thought), Enrico Ferri, and Rafaelle Garofalo. They were called the "unholy three" by the religious leaders during the time of positivism because of their belief in evolution as contrasted to the biblical interpretation of the origin of man and woman. Eventually, they were called the "holy three of criminology" because their emergence symbolized clearly that the era of faith was over and the scientific age had begun.  August Comte - He was a 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”. THE (UN) HOLY THREE (3) OF CRIMINOLOGY 1. Cesare Lombroso 2. Enricco Ferri 3. Rafaelle Garofalo  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 - known for the concept of atavistic stigmata (the physical features of creatures at an earlier stage of development). - He claimed that criminals are distinguishable from non-criminals due to the presence of atavistic stigmata and crimes committed by those who are born with certain recognizable heredity traits. - according to his theory, criminals are usually in possession of 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. - other physical stigmata include 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 Among Lombroso's major contributions to positivist criminology are the following: 1. The theory of atavism. Lombroso had the opinion that criminals were developed from primitive or subhuman individuals characterized by some inferior mental and physical characteristics such as receding hairline, 7|Page  forehead wrinkles, bumpy faces, broad noses, fleshy lips, sloping shoulders, long arms, and pointy fingers. He called this condition atavism. 2. The application of the experimental or scientific method to the study of the criminal. Lombroso spent endless hours measuring criminally insane persons and epileptics' skulls. 3. The development of a criminal typology. Although Lombroso's system of classification is considered crude and not adopted today, he still attempted to categorize criminals. They are as follows: a. Born criminals - These refer to individuals who are born with a genetic predilection toward criminality. b. Epileptic criminals - These are criminals who commit crimes because they are affected by epilepsy. c. Insane criminals - These are those who commit crimes due to abnormalities or psychological disorders. These criminals are not criminals from birth; they become criminals as a result of some changes in their brains which interfere with their ability to distinguish between right and wrong. d. Occasional criminals - These are criminals who commit crimes due to insignificant reasons that push them to do at a given occasion. Lombroso also identified the various types of occasional criminals as: Pseudo criminals - These individuals are not real criminals. They have neither any inborn tendency towards crime nor are they under the influence of any bad crime-inducing habit. They do something criminal on account of the acute pressure of circumstances that leave them with no choice. An example would be persons who kill in self-defense. Criminaloids The term "criminaloids" (sometimes called criminoloid) means "like a criminal" or "having resemblance with the criminal." From this, it can be said that criminaloids are not born criminals but non-criminals who have adopted criminal activity due to the pressure of circumstances and less physical stamina or self-control. The nature of their crimes is not very grave. Habitual criminals - They have no organic criminal tendency, but in the course of their lives, they have developed some foul habits that force them into criminality. Some attributing factors are poor parenting and education, or contact with other criminals. Passionate criminals or Criminal by passion- These are individuals who are easily influenced by great emotions like fits of anger. 4. The belief in the indeterminate sentence. Penalties should be indeterminate so that those other "born" criminals who are incorrigible could be worked with and rehabilitated. 5. The application of statistical techniques to criminology. Although crude and with the use of questionable control groups, statistical techniques were used by Lombroso to make criminological predictions.  Enrico 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.  Raffaelle Garofalo/ Rafael Garofalo  He treated the roots of the criminals’ behavior not to physical features but to their psychological equivalent, which he referred to as “moral anomalies”. He rejected the doctrine of free will. Types of criminals according to Garofalo: 1. Murderers – from vengeance and revenge 2. Violent Criminals – commit very serious crimes 3. Deficient Criminals (thieves) – commit crimes against property 4. Lascivious Criminals- commits crime against chastity 8|Page  THEORIES OF CRIME CAUSATION 1. BIOLOGICAL THEORIES - this refers to the set of theories that point to physical, physiological, and other natural factors as the causes of the commission of crimes by certain individuals. Biological Positivism/School - This explanation for the existence of criminal traits associates an individual’s evil disposition to physical disfigurement or impairment and other biological causes. -Lombroso's work closely followed Charles Darwin's theory of man's evolution. Lombroso contended that just as human beings developed from nonhuman animal forms, the criminal was a throwback or mutant to a primitive stage of human evolution. The criminal was a product of biology, and not much could be done for this "born criminal." Lombroso's positivist approach was scientific, anthropological, and biological. With his research, the "legalistic concern for crime" advanced to a "scientific study of the criminal," which in turn became the field of criminology. This accounted for his title of being the Father of Criminology. a. Physiognomy – the study of facial features and their relation to human behavior. Giambiatista dela Porta - Founder of human physiognomy - According to him criminal behavior may be predicted based on the facial features of the person. Johann Kaspar Lavater - supported the belief of dela Porta - He believed that a person’s character is revealed through his facial characteristics. -He studied the facial features of criminals to determine whether the shape of ears, nose, and eyes and the distance between them were associated behavior with anti-social behavior. b. 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. Franz Joseph Gall ◦ He developed cranioscopy, a method to study the personality and development of mental and moral faculties based on the external shape of the skull. Cranioscopy was later renamed phrenology, the study that deals with the relationship between the skull and human behavior. Johann Kaspar Spurzheim ◦ a German phrenologist who was his assistant to Gall and was the man most singularly responsible for popularizing and spreading phrenology to a wide audience. ◦ With Gall, they studied the shape of the skull and bumps on the head to determine whether these physical attributes were linked to criminal behavior. Samuel G. Morton- an American physician and natural scientist born in Philadelphia, Pennsylvania. He graduated from the University of Pennsylvania and had an advanced degree from Edinburgh University in Scotland. He developed the idea of polygenism - a theory of human origins positing that the human races are of different lineages as opposed to monogenism, which posits a single origin of humanity. Morton claimed that he could judge the intellectual capacity of a race by the skull size. A large skull meant a large brain and high intellectual capacity, and a small skull indicated a small brain and decreased intellectual capacity. Charles Darwin - a British naturalist who obtained a degree in medicine from Edinburgh University and biology at Cambridge. He published the book "Origin of Species," which put forth his concept that human 9|Page  beings, as part of nature, evolved from other species over a long period of time and evolution occurs through variation, adaptation, and natural selection. Earnest Hooton- a Harvard Anthropologist in "Crime and Man" (1939) claimed that, on the basis of a very detailed and extensive study of physical differences between criminals and non-criminals, he had discovered the causes of criminality physical inferiority. His twelve-year study of 14,000 prisoners and 3,200 college students, firemen, and others, led him to this conclusion. b. c. Physiology or Somatotype – A means of measuring variations in body types through which certain physiological features have been claimed to be causative of crime and delinquency. The advocates attempted to discover distinctive body types and relate them to crime including Ernst Kretschmer, William Sheldon, Sheldon and Eleanor Glueck: A. Ernst Kretschmer ◦ He distinguished three (3) principal types of physiques: asthenic, athletic, pyknic, and dysplastic.  Asthenic –lean, slightly built, narrow shoulders; their crimes are petty thievery and fraud;  Athletic – medium to tall, strong, muscular, coarse bones; they are usually connected with crimes of violence;  Pyknic – medium height, rounded figures, massive neck, broad face; they tend to commit deception, fraud, and violence.  Dysplastic – the combination of two body types. B. William Herbert Sheldon He analyzed and compared 200 boys in a Reformatory in Boston with 4,000 students, where he concluded that most delinquents tended towards mesomorphy. According to him, a person's somatotype is made up of the following three (3) components with corresponding temperaments: Type of Physique:  Ectomorphs – have small skeletons and weak muscles. The body shape is fragile and thin.  Mesomorphs – developed muscles and an athletic appearance. The body shape is hard and round.  Endomorphs – have heavy builds and slow moving. The body shape is soft and round. Type of Temperament:  Cerebrotonic The personality is introverted, hypersensitive, and intellectual.  Romotonic - The personality is strong, active, aggressive, and sometimes violent.  Viscerotonic is generally a relaxed and comfortable person, loves luxury, and is essentially extroverted C. Sheldon and Eleanor Glueck Found delinquents to be more mesomorphic than nondelinquents suggesting that this body type may be more suited to the delinquent role, while endomorphs were too slow and ectomorphs too frail to occupy it. Neurological Criminals and delinquents often suffer brain impairment. Attention deficit/hyperactivity and minimal brain dysfunction are related to antisocial behavior. D. Charles Goring (1870-1919) in his book, The English Convict, he rejected the theory of Lombroso that criminals are born by making a comparative study of 3,000 jailed criminals against law-abiding citizens, where he established that non-criminal people tended to have more atavistic traits. (Theory of human evolution) E. Antonio Moniz While the early phrenologists were convinced of their ability to map areas of the brain, which controlled aspects of personality, modern attempts to prove the brain were begun by the Portuguese physician 10 | P a g e  Antonio Moniz, who, beginning in 1935, performed prefrontal lobotomies as a last resort for non- responsive mental patients. c. Genetic/ Inheritance School It has been viewed early that criminal behavior can be inherited. Advocates of inheritance schools traced the activities of several generations of families believed to have an especially large number of criminal members. Heredity – the transmission of traits from parents to offspring. 1. Richard Louis Dugdale ◦ Conducted a study of the Juke family by researching their family tree as far back 200 years. He discovered that most of the descendants of the Juke were criminals. ◦ The Juke family consisted of 6 girls, some of whom were illegitimate. One of them, Margarette “Ada” Juke, was known as "The Mother of Criminals." Dugdale traced the 1,200 descendants for 75 years and found 280 paupers, 60 thieves, 7 murderers, and 40 other criminals, 40 with sexual diseases, 300 infants prematurely born, 50 prostitutes, and 30 who were prosecuted for bastardy. 2. Henry Goddard Martin Kallikak was an American Revolutionary War soldier. While stationed in a small village, he met a feeble-minded girl and had illicit relations with her. About 489 descendants from this lineage were traced which include 143 feeble-minded and 46 normal. Thirty-six were illegitimate, 3 epileptics, 3 criminals, 8 kept brothels, and 82 died in infancy. 3. Albert Edward Winship “Sir Jonathan Edward 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. Rather, many became presidents of the United States, governors, and members of the Supreme Court, famous writers, preachers, and teachers. 4. Charles Goring o He believed that criminal traits can be passed from parents to offspring through genes. o He proposed that individuals who possess criminal characteristics should be prohibited from having children. 2. PSYCHOLOGICAL THEORIES  Refers to the theories that attribute criminal behavior of individuals to psychological factors, such as emotional and mental problems. a. Sigmund Freud Psychoanalytic Theory - He is recognized as the FATHER OF PSYCHOANALYSIS - known for his Psychoanalytic Theory This theory blames criminal or delinquent behavior on a conscience that is either so overbearing that it arouses feelings of guilt, or so weak that it cannot control the individual's impulses and leads to a need for immediate gratification. - According to him, criminality is caused by the imbalance of the three (3) components of personality: the id, the ego, and the superego. - According to him there are three parts of personality: 1. ID – this stands for instinctual drives; the primitive part of the individual’s mental makeup present at birth; it is governed by the “pleasure principle”; and represents the unconscious biological drives for pleasure. 11 | P a g e  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. It is divided into two parts: conscience (which tells what is right or wrong) and ego ideal (which directs the individual to morally acceptable and responsible behaviors, which may not be pleasurable). b. Cognitive Theory This psychological theory of behavior is based on the belief that people organize their thoughts into rules and laws, and that the way in which those thoughts are organized results in either criminal or noncriminal behavior. This organization of thoughts is called moral reasoning, and when applied to law, legal reasoning. There are several sub-disciplines of cognitive theory: Moral Development Theory was pioneered by Lawrence Kohlberg. Kohlberg contended that moral reasoning develops in three stages. He called the first stage, pre-conventional; the second stage, conventional; and the third, post-conventional. He and his associates conducted studies in which criminals were found to be significantly lower in their moral judgment development than non-criminals of the same social background. Since Kohlberg's pioneering efforts, other researchers have continued to show that criminal offenders are more likely to be classified in the lowest levels of moral reasoning (Stages 1 and 2), whereas non-criminals have reached a higher stage of moral development (Stage 3). Recent research indicates that the decision not to commit crimes may be influenced by one's stage of moral development.  Pre-conventional- People at the lowest levels report that they are deterred from crime because of their fear of sanctions.  Conventional- Those in the middle consider the reactions of family and friends.  Post Conventional- Those at the highest stage refrain from crime because they believe in duty to others and universal rights. Behavioral Theory The most popular work on behavioral approaches is that of B.F. Skinner. Behavioral theory is based on the belief that all behavior is learned and can be unlearned. Its major premise is that people alter their behavior according to the reactions they receive from others. Behavior is supported by rewards and extinguished by negative reactions or punishments. Psychological Positivism/School This explains that psychological determinants define the behavior of a person. Much of the early work on psychological positivism was based on Freud's writings. It reflects psychological, psychiatric, and psychoanalytic theory. The latter includes a tripartite personality system consisting of the id (instinctual drive), ego (mediator), and superego (conscience). According to Freudian theory as applied to criminology, the basis of deviance can be found in repressed sexual motivations deeply hidden in the individual's subconscious. There were others however who contributed to the growth of psychological positivism. Isaac Ray (1807-1881) - an acknowledged American psychiatrist who popularized the concept of "moral insanity," in his book "A Treatise on the Medical Jurisprudence of Insanity." Dr. J.C. Prichard (1786-1848) of England was credited with being the first to use the term moral insanity. In 1835 Dr. Prichard wrote: 12 | P a g e  "There is a form of mental derangement in which the intellectual faculties [are uninjured], while the disorder is manifested principally or alone in the state of feelings, temper, or habits. 3. SOCIOLOGICAL THEORIES - Sociological factors refer to things, places, and people with whom we come in contact and which play a part in determining our actions and conduct. These causes may bring about the development of criminal behavior. a. Emile Durkheim Anomie Theory - He stated that crime is a normal part of society just like birth and death. - proposed the concept of “anomie” or the absence of social norms. It is characterized by disorder due to a lack of common values shared by individuals, a lack of respect for authority, and a lack of appreciation for what is acceptable and not acceptable in a society. Social Norms – also called rules of conduct - Shared standard of behavior which in turn requires certain expectations of behavior in a given situation - Socially accepted and expected behavior or conduct in society - Set of rules that govern an individual’s behavior and actions Socialization – refers to the learning process by which a person learns and internalizes the ways of society so that he can function and become an active part of society. Robert Merton Anomie Theory - He suggested that mainstream culture is saturated with dreams of opportunity, freedom, and prosperity; as Merton put it, the “American Dream”. Most people buy into this dream, and it becomes a powerful cultural and psychological motivation. -If the social structure of opportunities is unequal and prevents the majority from realizing the dream, some of them will turn to illegitimate means (crime) in order to realize it. Others will retreat or drop out into deviant subcultures (gang members, "hobos": urban homeless drunks and drug abusers). Robert Agnew's General Strain Theory (GST) -helps identify the micro-level or individual influences of strain. Agnew tried to explain why individuals who feel stress are more likely to commit crimes. He also offered a more general explanation of criminal activity among all elements of society rather than restricting his views to lower-class crime. He suggested that criminality is the direct result of negative affective states - the anger, frustration, and adverse emotions that emerge in the wake of negative and destructive social relationships. These negative affective states are produced by a variety of sources of strain: Failure to achieve goals Disjunction of expectations and achievements Removal of positive stimuli Presentation of negative stimuli b. 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. c. Adolphe Quetelet and Andre Michael Guerry - He repudiated the free will doctrine of the classicists - Founder of the cartographic school of criminology. - Founder of moral statistics. 13 | P a g e  - The cartographic school of criminology made use of statistical data such as population, age, gender, occupation, religious affiliations, and socioeconomic status and studied their influences and relationship to criminality. MODERN SOCIOLOGICAL THEORIES OF CRIME CAUSATION - environmental factors such as the kind of rearing or family upbringing, quality of teaching in school, influences of peers and friends, conditions of the neighborhood, and economic and other societal factors are believed to be contributory to crime and criminal behavior. 1. SOCIAL STRUCTURE THEORIES - refers not only to the physical features of the communities but also to the way society is organized. - include such things as the level of poverty and unemployment and the amount of crowded housing which are believed to affect behavior and attitudes of individuals which in turn contribute to their commission of crimes. - Also called the social environment - includes social disorganization theory, strain theory, and cultural deviance theory. a. Social Disorganization Theory  Popularized by Clifford Shaw and Henry McKay.  According to this theory, crimes in urban areas are more prevalent because residents have impersonal relationships with each other.  An increase in the number of broken families and single parenthood is also very common in disorganized communities.  Another feature of a disorganized community is poverty as evidenced by poor living conditions such as rundown houses, unsanitary and unsightly streets, and high unemployment rates.  It links crime rates to neighborhood ecological characteristics. A disorganized area is one in which institutions of social control, such as the family, commercial establishments, and schools, have broken down and can no longer carry out their expected functions. Indicators of social disorganization include high unemployment, school dropout rates, deteriorated housing, low-income levels, and large numbers of single-parent households. Residents in these areas experience conflict and despair, and as a result, antisocial behavior flourishes. b. Strain Theory  Strain refers to the individual’s frustration, anger, and resentment.  Holds that crime is a function of the conflict between the goals people have and the means they can use to legally obtain them. This also argues that the ability to obtain these goals is class dependent; members of the lower class are unable to achieve these goals which come easily to those belonging to the upper class. Consequently, they feel anger, frustration, and resentment, referred to as STRAIN. a. Conformist - accepts the goals of success in society and also the socially approved means of achieving this status, such as through hard work, education, deferred gratification, and others. b. Innovator - accepts the goals of success but rejects or seeks illegitimate alternatives to the means of achieving these aims. Criminal activities such as theft and organized crime could serve as examples, although socially acceptable activities such as inventing could also provide illustrations. c. Ritualist - is illustrated by the “mindless bureaucrat" who become so caught up in rules and means to an end that he or she tends to forget or fails to place proper significance on the goals. d. Retreatist - represents a rejection of both socially acceptable means and ends. e. Rebel - rejects both means and goals and seeks substitute alternative societal goals as well as new methods of achieving them, such as through revolutionary activities aimed at introducing change in the existing order outside normal, socially approved channels. c. Cultural Deviance Theory  Gives emphasis on the concept of culture and sub-culture. 14 | P a g e   According to this theory, because people in the lower class feel isolated due to extreme deprivation or poverty, they tend to create a sub-culture with its own set of rules and values. This is characterized by deviant behavior which results in criminal behavior among its members.  Because of strain and social isolation, a unique lower-class culture develops in disorganized neighborhoods. These independent sub-cultures maintain a unique set of values and beliefs that are in conflict with conventional social norms. Middle-class culture stresses hard work, delayed gratification, formal education, and being cautious; the lower-class subculture stresses excitement, toughness, risk-taking, fearlessness, immediate gratification, and "street smarts." The lower-class subculture is an attractive alternative because the urban poor find that it is impossible to meet the behavioral demands of middle-class society. 1. SOCIAL PROCESS THEORY  Refers to a group of theories that point to the individual’s socialization process as the cause of the commission of crimes. These theories cite interaction with people and experiences and exposure to different elements in the environment as primary factors in criminality.  Under this theory is the social learning theory which in turn has three (3) sub-theories: differential association theory, differential reinforcement theory, and neutralization theory.  Albert Bandura Social Learning Theory Social learning theorists believe that crime is a product of learning the norms, values, and behaviors associated with criminal activity. Suggests that social behavior is learned by observing, imitating, and modeling the behavior of others. a. Differential Association Theory  This theory states that criminal behavior is learned through socialization.  Criminal behavior is learned in interaction with other persons in a process of communication. Developed by Edwin Sutherland, it assumes that persons who become criminals do so because of contact with criminal patterns and isolation from noncriminal patterns. Principles of Differential Association: Criminal behavior is learned. Delinquent and criminal behavior is learned in the same manner as any other behavior, such as writing, painting, or reading. Learning is a by-product of interaction. Behavior is learned through interaction with others. Learning occurs within intimate groups. People's contact with their most intimate social companions, family, friends, and peers have the greatest influence on their deviant behavior and attitude development. Criminal techniques are learned, Young delinquents learn from their associates the proper way to pick up a lock, shoplift, and obtain and use narcotics. Perceptions of legal code influence motives and drives. The reaction to social rules and laws is not uniform across society, and people constantly come into contact with others who maintain different views on the utility of obeying the legal code. Some people they admire may openly disdain or flout the law or ignore its substance. A person becomes a criminal when he or she perceives more favorable than unfavorable consequences to violating the law. An example would be when a person is exposed to friends sneaking into a theater to avoid paying for a ticket. b. Differential Reinforcement Theory  Proposed by Ronald Akers in collaboration with Robert Burgess.  According to this theory, an individual’s behavior depends on how people around him react to his behavior.  Occurs when behavior is reinforced by being either rewarded or punished while interacting with others.  An act that is rewarded is repeated; an act that is punished will be avoided. c. Neutralization Theory  Introduced by David Matza and Gresham Sykes. 15 | P a g e   Sometimes referred to as “drift theory”  According to this theory, people know when they are doing something wrong, however, they rationalize and justify their actions. This rationalizing is what we call “neutralization”.  A learning experience in which potential delinquents and criminals master techniques that enable them to counterbalance or neutralize conventional values and drift back and forth between illegitimate and conventional behavior.  Techniques of Neutralization: Denial of responsibility – “I did not mean to do it” Denial of injury – “No one was hurt” Denial of the victim-“She started it” Condemnation of condemners-“They are just as bad” Appeal to higher authorities-“I was helping my friend” 2. SOCIAL REACTION THEORY  More commonly called labeling theory.  It states that people become criminals when significant members of society label them as such and they accept those labels as a personal identity.  The way people and actions are defined as criminals 3. SOCIAL CONTROL THEORIES  Maintain that everyone has the potential to become criminal but most people are controlled by their bonds to society.  Social control refers to the agencies of social control such as family, school, religion or church, government and laws, and other identified authorities in society.  Instead of looking for factors that make people become criminals, these theories try to explain why people do not become criminals.  There are two (2) sub-theories: containment theory and social bond theory. a. Containment Theory  Proposed by Walter Reckless  He stated that inner and outer containments help prevent juvenile offending.  Containment means the forces within and outside the individual that have the power to influence his actions.  Inner containments include a positive self-concept, tolerance for frustration, and an ability to set realistic goals.  Outer containments include family. b. Social Bond Theory  Propagated by Travis Hirschi  This theory views crime as a result of individuals with weakened bonds to social institutions.  According to this theory, there are four (4) elements of social bonds: belief, involvement attachment, and commitment  Belief – refers to acceptance of the norms of conventional society.  Involvement – refers to the amount of time an individual spends on a conventional pursuit.  Attachment – refers to the degree to which an individual cares about the opinions of others.  Commitment – refers to an individual’s investment of energy and emotion in conventional pursuits, such as getting good grades. D.  Ecological Theory  The ecological school of criminological theory is referred to as Statistical, Geographic, or Cartographic. Human ecology, which is the focus of ecological theory, deals with the interrelationship between human organism and 16 | P a g e  their environment. This theory was called statistical because it was the first attempt to apply official data and statistics to the issue of explaining criminality. The labels geographical and cartographic have been assigned due to the fact that writers in this group tended to rely upon maps and aerial data in their investigation.  Economic Theory  Human behavior is shaped by interpersonal conflict and those who maintain social power will use it to further their own needs.  Karl Marx (1818-1883) was an economic determinist and an inspirational figure behind the economic theory of crime. In his Communist Manifesto, Marx emphasized the economic basis of societal conflict, which gave birth to the Economic School of Criminology. Further, he insisted that the economic substructure determines the nature of all other institutions and social relationships in society. In his view, the emergence of capitalism produces economic inequality in which the proletariat (workers) is exploited by the bourgeoisie (owners or capitalist class). This exploitation creates poverty and also is the root of other social problems.  Willem Bonger (1876-1940) was A Dutch Philosopher, who was an early Marxist- criminologist. His most noted work was Criminality and the Economic Conditions which first appeared in 1916. He said criminal law is primarily protecting the interests of the propertied class.  Biochemical Crime, especially violence, is a function of diet, vitamin intake, hormonal imbalance, or food allergies. Edward Wilson - In the 1970's ideas proposed by Edward Wilson (1975) in his book "Sociobiology" attracted adherents. Basically, the sociobiological perspective insists upon the genetic base of human behavioral differences. Individuals are born with different potentialities; their reactions to their social environment are modified by biochemistry and the cellular reactions of the brain. Each individual's unique genetic code and nervous system react differently to the same environmental stimuli. Variables such as diet, environmental pollution, endocrine imbalance, and allergies have been claimed to have criminogenic influence. A further claim was made that sugar consumption (too little or too much) is a causal agent in crime. Low blood sugar (Hypoglycemia) also has been claimed to be linked to impaired brain function and violent crime.  CHICAGO SCHOOL The Chicago School arose in the early twentieth century, through the work of Robert Park, Ernest Burgess, and other urban sociologists at the University of Chicago. In the 1920s, Park and Burgess identified five concentric zones that often exist as cities grow, including the "zone in transition" which was identified as the most volatile and subject to disorder. In the 1940s, Henry McKay and Clifford Shaw focused on juvenile delinquents, finding that they were concentrated in the zone of transition. Chicago School of Criminology refers to work conducted by faculty and students at the University of Chicago that utilized a macro-sociological theory called "social disorganization" to understand why crime and delinquency rates are higher in some neighborhoods than others (Bursik, 2012). They introduced the idea that society influences whether a person might become a criminal or not. They tried to identify aspects of crime that come from outside of a person. For them, crime is a result of unfavorable societal conditions (The Chicago School's Social Disorganization Theory, 2014).  Life Course Theory Life course theory refers to the analytical perspectives that study the cumulative effects of static and dynamic features of social contexts on people's lives, e.g., their development and behavioral continuity (see Elder, 1998; Elder and Shanahan, 2006). Life course explanations of crime suggest that people's crime involvement is continually activated, sustained, and changed by their social contexts (e.g., their exposure to different kinds of people and/or environments under different circumstances (SAGE Dictionary, 3rd Ed., citing Elder and 17 | P a g e  Shanahan, 2006; Sampson and Laub, 1997). Life Course Criminology is the study of these events and roles (transitions and trajectories) and their relation to stability and change in crime involvement. Life Course Theory views criminality as a “dynamic process” influenced by a multitude of individual characteristics, traits, and social experiences. As people travel through the life course they are constantly bombarded by changing perceptions and experiences and as a result, their behavior will change directions, sometimes for the better and sometimes for the worse. Life Course Theories have four various models, such as: (1) Social Development Model (SDM) by Joseph Weis, Richard Catalano, J. David Hawkins and their associates who claimed that weak social controls produce crime. A person's place in the structure influences his or her bond to society; (2) Farrington's Theory of Delinquent Development by David Farrington who found out that personal and social factors control the onset and stability of criminal careers;- (3) Interactional Theory by Terence Thornberry who proposed that criminals go through lifestyle changes during their offending careers; and – (4) Age-graded Theory by Robert Sampson and John Laub who claimed that as people mature, the factors that influence their propensity to commit crime change.  Latent Trait Theory Latent Trait Theory holds that human development is controlled by a "Master Trait" consisting of personality, intelligence, and genetic makeup present at birth. Other criminologists believe that this master trait remains stable and unchanging throughout a person's lifetime whereas others suggest that it can be altered, influenced, or changed by subsequent experience. In either event, as people travel through their life course this trait is always there directing their behavior.  Sociological Positivism During the nineteenth and early twentieth centuries, some scholars began to search for social determinants of criminal behavior. Among them were the Belgian mathematician Adolphe Quetelet and the French lawyer Andre Michel Guerry. They started what was called the Cartographic School of Criminology in which they worked independently on the relation of crime statistics to such factors as poverty, age, sex, race, climate, and other demographic factors. Both scholars concluded that society, not the decisions of individual offenders, was responsible for criminal behavior. Another scholar who worked on the relationship between crime and social factors was Gabriel Tarde. He was of the opinion that society played an important role in creating the criminal. However, individual choice and chance were also important to him. Tarde's major contribution is the concept of the criminal as a professional type. He believed that most criminals went through a process of training before finally becoming criminals. Moreover, it was an accident of birth or chance that put them in an atmosphere of crime.  LACASSAGNE SCHOOL Lombroso's Italian school was rivaled, in France, by Alexandre Lacassagne and his school of thought, based in Lyon and influential from 1885 to 1914. The Lacassagne School rejected Lombroso's theory of "criminal type" and of "born criminals" and stressed the importance of social factors. However, contrary to criminological tendencies influenced by Durkheim's social determinism, it did not reject biological factors. Indeed, Lacassagne created an original synthesis of both tendencies, influenced by positivism, phrenology, and hygienism, which alleged a direct influence of the social environment on the brain. 18 | P a g e   Conflict Theory Conflict theory assumes that society is based primarily on conflict between competing interest groups, for instance, the rich against the poor, management against labor, men against women, and adults against children. In many cases, competing interest groups are not equal in power and resources. Consequently, one group is dominant and the other is subordinate. One of the earliest theorists to apply conflict theory to the study of crime was George Fold.  Radical Theory Although Karl Marx wrote very little about crime and criminal justice, radical theories of crime causation are generally based on Marx's ideas. Among the first criminologists to employ Marxist theory to explain crime and justice were Richard Quinney, William Chambliss, and Anthony Platt. Radical criminologists argue that capitalism is an economic system that requires people to compete against each other in the individualistic pursuit of material wealth. The destructive effects of capitalism, such as crime, are not caused by income property inequality, or by poverty. Rather, crime is caused by class struggle and the competition among wealthy people and among poor people, between rich and poor people, and the practice of taking advantage of other people.  Albert Cohen postulated the Theory of Delinquent Subcultures. His position was that the delinquent behavior of lower-class youths is actually a protest against the norms and values of middle-class culture. Because social conditions make them incapable of achieving success legitimately, lower-class youths experience status frustration. As a result, they join gangs and engage in non- utilitarian, malicious, and negativistic behavior.  Richard Cloward and Lloyd Ohlin also combined strain and social disorganization principles into a portrayal of a gang-sustaining criminal subculture. They agreed with Cohen and found that independent delinquent subcultures exist within society. They suggest that delinquency can result from differential opportunity for lower-class youth, hence the Theory of Differential Opportunity. Such youths may be tempted to take up criminal activities, choosing an illegitimate path that provides them more lucrative economic benefits than conventional, over legal options such as minimum wage-paying jobs available to them.  Geographical Factors Earlier criminologists correlated climate, humidity, wind, velocity, atmosphere pressure, rainfall, nature of soil, and other geographical factors to the existence and development of crimes and criminality. The following are some of the explanations formulated by criminologists about the contribution of geography to crimes. 1. North and South Pole According to Quetelet's "thermic law of delinquency", crimes against persons predominate in the South Pole during the warm season while crimes against property predominate in the North Pole and cold countries. 2. Approach to the Equator According to Montesquieu (Spirits of Laws, 1748), criminality increases in proportion as one approaches the equator, and drunkenness increases as one approaches the North and South Pole. 3. Season of the Year Crimes against persons are more in summer than in the 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, and there is more contact and consequently more probability of personal violence. 4. Soil Formation more crimes of violence are recorded in fertile level lands than in hilly, rugged terrain. In these places are more congregations of people, and there is more irritation. Also, there is more i e incidence of rape in level districts. 19 | P a g e  5. Month of the Year There is a frequent incidence of violent crimes during warm months from April 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 one another. 6. Temperature Studies showed that the number of arrests increases quite regularly with the increase in temperature. An increase in temperature affects the emotional state of the individual and leads to fighting. Furthermore, the influences of temperature on females were greater than on males. 7. Humidity and Atmospheric Pressure According to a survey, large numbers of assaults are to be found correlated with low humidity and a small number with high humidity. It was explained that low and high humidity are both vitally and emotionally depressing to the individual. 8. Wind Velocity Studies explained that during high winds, arrests were less. It may be due to the presence of more carbon dioxide in the atmosphere that lessens the vitality of men to commit violence. CHAPTER 4: FUNDAMENTALS OF PHILIPPINE CRIMINAL LAW, CRIMES, AND CRIMINALS Criminal Law Criminal law is the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders (Jescheck and Norton, 2022). Criminal law is that branch of public substantive law that defines offenses and prescribes their penalties. Philippine Criminal Law In the Philippines, there are two main sources of criminal law, they are: 1. Revised Penal Code Act No. 3815, otherwise known as the Revised Penal Code, is the basic law that defines criminal offenses and provides the penalties for the commission of those offenses. The Revised Penal Code took effect on January 1, 1932, or more than a year after its approval on December 8, 1930. It replaced the old Penal Code, which was based on the Spanish Penal Code of 1870. A Spanish royal order in 1886 extended the application of the Spanish Penal Code with some modifications to the Philippines (Herald Digital Law Philippines, 2011). It was drafted by a committee created in 1927, and led by Judge Anacleto Díaz, who would, later, be a justice in the Supreme Court, the Highest Tribunal of the Land. Instead of creating another criminal code or engaging in a large-scale codification of all penal laws in the Philippines, the committee decided to revise the old penal code and simply appended other penal laws in effect and force at the time and amended some provisions to adjust to the conditions obtaining then (projectjurisprudence.com, 2017). 2. Special Penal Codes These are the criminal laws that are enacted by the State through its legislative branch, that are not amendments to the Revised Penal Code. In other words, these are laws that define and penalize crime not included in the Revised Penal Code. When the crime is punished by a special law, as a rule, intent to commit the crime is not necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special law. The intent to commit the crime and the intent to perpetrate the act must be distinguished. A person may not have consciously intended to commit a crime; but he did intend to commit an act, and that act is, by the very nature of things, the crime itself. In the first (intent to commit the crime), there must be criminal intent; in the second (intent to perpetrate the act) it is enough that the prohibited act is done freely and consciously (G.R. No. 209387, 2016). Difference between Mala in se and Mala Prohibita There are two kinds of criminal acts, mala in se, or the acts that are wrong in themselves; and mala prohibita, or acts that are wrong because the law prohibits it. Violations of the Revised Penal Code are referred to as 20 | P a g e  malum in se, while violations of Special Laws are generally referred to as malum prohibitum. However, not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita (Brabante, 2012). Even if the crime is punished under a special law if the act punished is inherently wrong, it is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is the product of criminal negligence or culpa. Likewise, when special laws require that the punished act be committed knowingly and willfully, criminal intent is required to be approved before criminal liability may arise. Characteristics of the Philippine Criminal Law The following are the characteristics of criminal law in the Philippines: Generality It means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. However, it is subject to certain exceptions brought about by international agreements. Ambassadors, chiefs of state, and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. It is important to note that consuls are not diplomatic officers. This includes the consul general, vice-consul, or any consul in a foreign country, who are therefore not immune to the operation or application of the penal law of the country where they are assigned. Consuls are subject to the penal laws of the country where they are assigned (Brabante, 2012). According to the Republic Act No. 386 of 1949 or the Civil Code of the Philippines, penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations (RA 386, Art. 14). Territoriality It means that the penal laws of the country have force and effect only within its territory, It cannot penalize crimes committed outside the same. This is subject to certain exceptions brought about by international agreements and practice. The territory of the country is not limited to the land where its sovereignty resides but also includes its maritime and interior waters as well as its atmosphere. It refers to territorial jurisdiction which is classified into the following (Brabante, 2012): Terrestrial jurisdiction is the jurisdiction exercised over land; and Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters; Aerial jurisdiction is the jurisdiction exercised over the atmosphere. Prospectivity It is also known as non-retrospectivity, which means a penal law cannot make an act punishable in a way it was not punishable when committed. In other words, penal laws can only punish an act committed after its effectiveness. It cannot penalize an act that was not punishable at the time of its commission. According to Sec. 22, Article III, of the Philippine Constitution, no ex post facto law or bill of attainder shall be enacted (1987). Ex post facto law penalizes as a public offense an act which was not at the time of its commission; when it aggravates or makes a crime greater than it was when committed; when it changes the punishment and inflicts a greater on than the law annexed to the offense when committed, and when it alters the rules of evidence and requires less testimony or evidence than the law required at the time of the commission of the offense. (G.R. No. L-1656, 1949). According to the Revised Penal Code, no felony shall be punishable by any penalty not prescribed by law before its commission. (Act 3815, Art. 21). Moreover, penal laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not habitual criminal, although at the time of the publication of such laws, a final sentence has been pronounced and the convict is serving the same (Act 3815, Art. 22). 21 | P a g e   CONSTITUTION- is the fundamental and supreme law of the country (Mother of all Laws) 1987 Philippine Constitution CRIME It is the intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited, and punishable under criminal law (Edge, Clarke, Bernard, Thomas, et al., 2022.). It is a violation of rules of behavior as interpreted and expressed by law, which reflects opinions, traditional values, and the viewpoint of people having social and political power. Individuals who go against these rules are subject to sanctions by state authority, social stigma, and loss of status (Siegel, 2016). Crime is defined as an act and omission punishable by law; and it is also referred to as a felony (Philippine Statistics Authority, n.d.), According to the Revised Penal Code of the Philippines (1930), acts and omissions punishable by law are felonies (delitos). Felonies are committed not only through deceit (dolo) but also through fault (culpa). There is deceit when the act is performed with deliberate intent; and there is a fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. Distinguishing Felony, Offense, Misdemeanor, and Crime Felony is referred to as a crime under the Revised Penal Code. Offense violation of a Special Law is not a felony. A crime punished under a special law is called a statutory offense. Misdemeanor a minor infraction of the law, such as a violation of an ordinance, is referred to as a misdemeanor. Whether the wrongdoing is punished under the Revised Penal Code or under a Special Law, the generic word crime can be used. Elements of Crime There are three elements of crime, they are: 1. Criminal Act- also known as actus reus or guilty act, refers to the act or omission that comprises the physical elements of a crime as required by statute. Actus reus includes only a voluntary affirmative act or an omission/failure to act, causing a criminally proscribed result (Wex Definitions Team, 2022). It is an act prohibited by the law. It comprises all the elements of the definition of the offense except those that relate to the mental element (Allen and Edwards, 2019). For actus reus to exist the act must be a voluntary criminal act. If someone is forced to commit an act or commits an act without their knowledge or due to circumstances beyond their control, it is not voluntary, and they may not be held accountable. The idea of a voluntary act also re-raises the issue of status offenses, by which an individual is charged with a crime related to their status in life as opposed to an action they have taken. While courts have continued to hold that people cannot be charged with a crime for mere status, omissions are one way that an individual can commit a crime without an overt act (Monaghan, 2012). 2. Criminal Intent- also known as mens rea or guilty mind, refers to the mental element necessary for a particular crime. It is the state of mind of the criminal while they are committing a criminal offense (Cross, 2020). The intention is often confused with the motive. 3. Concurrence of the Criminal Act and Intent-it refers to the requirement that the criminal act and criminal intent exist at the same moment. Concurrence is rarely an issue in a criminal prosecution because the criminal 22 | P a g e  intent usually generates the bodily response (criminal act). However, in some rare instances, the criminal act and intent are separated by time, in which case concurrence is lacking and the defendant cannot be convicted of a crime. Anatomy of Crime There are three elements or ingredients that must be present at the same time and place, for any crime to happen, they are; 1 Motive- refers to the reason why an individual chooses to engage in criminal conduct. It is the reason and beliefs that lead an individual to act or refrain from acting (Dubber and Hörnle, 2014). It refers to the moving power which impels one to act for a definite result. Motive is different from intent; intent refers to the purpose of using a means to affect the result. The intent is an element of an intentional felony while the motive is not. Motive becomes important only if the identity of the felon has not been established. Examples are dispute, economic gain, jealousy, revenge, insanity, thrill, intoxication, drug addiction, and many others. 2 Opportunity- It refers to the situation in which a criminal can do something that they want to do, which is to commit a crime. It consists of the acts of omission and/or commission by the victim which enables another person or group of persons/the criminal/s to perpetrate the crime (Dubber and Hörnle, 2014). 3 Instrumentality or Capability- Instrumentality refers to the use of materials or other means in the commission of a crime while Capability pertains to the physical capability of a person to perpetrate a crime. Both refer to the criminal's ability to commit a crime. According to the Stages in the Commission of Crimes- this is derived from Article 6 of the Revised Penal Code of the Philippines (1930): 1. Attempted Crime- It is when the offender commences the commission of the felony directly by overt acts and does not perform all the acts of execution which could produce the felony because of some causes or accident other than his spontaneous desistance. 2. Frustrated Crime- It is when the offender has performed all the acts of execution which will produce the felony but which, nevertheless, do not produce the felony because of causes independent of the will of the perpetrator. 3. Consummated Crime- It is when all the elements necessary for its execution, and accomplishment are present. According to the Weight of the Penalty or the Offense- this is derived from the Article 9 of the Revised Penal Code of the Philippines; they are as follows: 1. Grave Felonies- these are crimes to which the law attaches capital punishment or penalties which in any of their periods are afflictive; 2. Less Grave Felonies- these are crimes that the law punishes with penalties that in their maximum period are correctional. 3. Light Felonies- these are infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided. According to the Plurality of Crimes- it refers to the number of criminal acts committed to consummate a crime. They are as follows: Simple Crime- it is when a single act constitutes only one offense. 23 | P a g e Compound Crime- It is when a single act produces two or more crimes. Complex Crime- it is when the offender must commit an offense as a means for the commission of another offense. The offense is committed as a necessary means to commit the other offense. Composite Crime- these are crimes in which substance is made up of more than one crime, but in the eyes of the law, only a single indivisible offense is. This is also known as a special complex crime. These are crimes that in the eyes of the law are regarded only as a single indivisible offense. Examples are robbery with homicide, robbery with rape, and rape with homicide. Circumstances Affecting Criminal Liability There are five circumstances affecting criminal liability, they are: 1. Justifying Circumstances- refers to circumstances that justify the act of the offender, thus it does not incur any criminal liability. The circumstance affects the act, not the actor. The act complained of is considered to have been done within the bounds of the law; hence, it is legitimate and lawful in the eyes of the law. Since the act is considered lawful, there is no crime, and because there is no crime, there is no criminal. Since there is no crime or criminality, there is no criminal liability as well as civil liability (Brabante, 2012). 2. Exempting Circumstances- refer to circumstances that exempt the offender from the criminal liability of the act that he/she has done. The circumstances affect the actor, not the act. The act in question is wrongful, but the actor acted without voluntariness. He is a mere tool or instrument of crime. Since the act in question is wrongful, there is a crime. But because the actor acted without voluntariness, there is an absence of dolo or culpa. There is no criminal. Since there is a crime committed but there is no criminal, there is civil liability for the wrong done. But there is no criminal liability (Brabante, 2012). 3. Mitigating Circumstances- refers to factors in the commission of a crime that lessen or reduce its moral and legal consequences. There are two kinds of mitigating circumstances (Brabante, 2012): a. Ordinary Mitigating Circumstances- These are mitigating factors that can never be offset by any aggravating circumstance, and if not offset, it will operate to reduce the penalty to the minimum period, provided the penalty is a divisible one. b. Privileged Mitigating Circumstances- These are mitigating factors that can never be offset by any aggravating circumstance. It operates to reduce the penalty by one or two degrees, depending upon what the law provides. 4. Aggravating Circumstances refer to the factors that increase the severity or culpability of a criminal act. The aggravating circumstances must be established with moral certainty, with the same degree of proof required to establish the crime itself. The following are the types of aggravating circumstances (Brabante, 2012): a. Generic or those that can generally apply to all crimes; b. Specific or those that apply only to a particular crime; c. Qualifying or those that change the nature of the crime; d. Inherent or those that must accompany the commission of the crime. The most important classification of aggravating circumstances is the qualifying and the generic aggravating circumstances. Aggravating circumstances are factors that can be offset by an ordinary mitigating circumstance, it is not an ingredient of a crime. It only affects the penalty to be imposed but the crime remains the same. Whereas qualifying circumstance affects the nature of the crime itself such that the offender shall be liable for a more serious crime. The circumstance is an ingredient of the crime. Being an ingredient of crime, it cannot be offset by any mitigating circumstance (Brabante, 2012). 5. Alternative Circumstances- refers to the factors that must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission (Art. 15, Act 3815). The four alternative circumstances are: 24 | P a g e  a. Relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees as the offender. b. Intoxication shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees as the offender. c. Degree of Instruction- this refers to academic degrees that an offender received from an academic institution. d. Education refers to the level of literacy of the offender. Who are Criminals? Criminal is a term used for a person who has committed a crime or has been legally convicted of a crime (Merriam-Webster, n.d.). The one characteristic that all criminal behaviors have in common is that they have been defined as criminals by some recognized political authority (Clinard, Quinney, and Wildeman, 2014). In a criminological sense, a person is already considered a criminal the moment he commits any anti-social act even without a conviction. Persons Criminally Liable The following are the persons criminally liable for felonies (Art, RA 3815): 1. Principals- The following are considered principals (Art 17, RA 3815): a. Those who take a direct part in the execution of the act; b. Those who directly force or induce others to commit it; c. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. Principals are criminally liable for grave and less grave felonies, as well as light felonies. 2. Accomplices- are those persons who, not being included in Article 17 of RPC, cooperate in the execution of the offense by previous or simultaneous acts (Art 18, RA 3815). They are also criminally liable for grave and less grave felonies, as well as light felonies. 3. Accessories- are those who, knowing the commission of the crime, and without having participated therein, either as principals or accomplices, take part after its commission in any of the following manners (Art 19, RA 3815): a. By profiting themselves or assisting the offender to profit from the effects of the crime; b. By concealing or destroying the body of the crime, or the effects or instruments thereof, to prevent its discovery; and/or c. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. Accessories are criminally liable for grave and less grave felonies but not for light felonies. Types of Criminals The following is the classification of criminals: According to the Basis of Etiology 25 | P a g e  Acute Criminals- those who violate criminal law because of the impulse of the moment, fit of passion or anger, or a spell of extreme jealousy. Chronic Criminal- those criminals who act in consonance with deliberate thinking. It refers to individuals who frequently or persistently violate criminal laws. According to the Behavioral System: Ordinary Criminals- the lowest form of criminal career, engage only in conventional crimes which require limited skill. They lack the organization to avoid arrest and convictions. Organized Criminals- they have a high degree of organization to enable them to commit crimes without being detected and committed to specialized activities that can be operated in large-scale businesses. Force, violence, intimidation, and bribery are used to gain and maintain control over economic activities. A special type of this includes various forms of racketeering, control of gambling, prostitution, and distribution of prohibited drugs. Professional Criminals- they are highly skilled and able to obtain a considerable amount of money without being detected because they are organized and in contact with other professional criminals. These offenders are always able to escape conviction. They specialize in crime that requires skills, such as pickpocketing, shoplifting, theft, counterfeiting, and others. Terms to Ponder  Delinquency implies conduct that does not conform to the legal or moral standards of society.  Deviance is any behavior that violates social norms and is usually of sufficient severity to warrant disapproval from the majority of society.  Juvenile delinquency encompasses all public wrongs committed by young people between the ages of 12 and 20. It covers a multitude of different violations of legal and social norms, from minor offenses to serious crimes committed by juveniles.  Basic Maxims in Criminal Law 1. The doctrine of Pro Reo - Whenever a penal law is to be construed or applied and the law admits of two interpretations one lenient to the offender and one strict to the offender that interpretation which is lenient or favorable to the offender will be adopted. 2. Nullum Crimen, Nulla Poena Sine Lege - There is no crime when there is no law punishing the same. 3. Actus Non-Facit Reum, Nisi Mens Sit Rea - The act cannot be criminal where the mind is not criminal. 4. Actus Me Invito Factus Non-Est Meus Actus - An act done by me against my will is not my act. 5. El Que Es Causa De La Causa Es Causa Del Mal Causado - He who is the cause of the cause is the cause of the evil caused. 26 | P a g e