Introduction-to-criminology.pdf

INTRODUCTION TO CRIMINOLOGY Ms. Princess Carla Nicole Abalos, RCRIM.  What is Criminology? ◦ The entire body of knowledge regarding crime as social phenomenon. ◦ Includes within its scope the process of making laws, breaking laws and of reacting towards the breaking of the laws. ◦ Sir Edwin...

INTRODUCTION TO CRIMINOLOGY Ms. Princess Carla Nicole Abalos, RCRIM.  What is Criminology? ◦ The entire body of knowledge regarding crime as social phenomenon. ◦ Includes within its scope the process of making laws, breaking laws and of reacting towards the breaking of the laws. ◦ Sir Edwin Hardin Sutherland- one who introduces the international definition of criminology.  Dean of modern criminology. ◦ The entire body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them. ◦ The scientific study of causes of crime in relation to man and society.  Is Criminology is a Science? ◦ Edwin Hardin Sutherland and Donald Ray Cressey- not a science but has the hope of becoming the science for the reason that man is the subject of the study. - George Wilker- absolutely not a science due to the variations of behavior. - General- Criminology is not yet a Science. - RA 11131 - law amended ra 6506 (an act creating the board of examiners for criminologists in the PH) - “AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES” - “Criminology is already a Science” - RA 11131 Sec 4 (e) THE EVOLUTION OF THE WORD “CRIMINOLOGY” ◦ CRIMINOLOGIA (ITALIAN WORD) - 1885 - RAFAELLE GAROFALO- ITALIAN LAW PROFESSOR - Coined the word “criminologia” oCRIMINOLOGIE (FRENCH WORD) - 1887 - -PAUL TOPINARD – FRENCH ANTHROPOLOGIST WHAT IS CRIMINOLOGIST? ◦ ATTEMPT TO BUILD THEORIES THAT EXPLAIN WHY CRIME OCCUR AND TEST THOSE THEORIES BY OBSERVING BEHAVIOR. (OSCAR G. SORIANO) ◦ ANY PERSON WHO IS GRADUATE OF THE DEGREE OF THE CRIMINOLOGY, WHO HAS PASSED THE EXAMINATION FOR CRIMINOLOGISTS AND IS REGISTERED AS SUCH BY THE BOARD. (SEC.22, RA 6505 AND RA 11131) NATURE OF CRIMINOLOGY  (SAND) ◦ SOCIAL SCIENCE- CRIME IS A SOCIAL CEATION AND IT EXISTS IN A SOCIETY BEING A SOCIAL PHENOMENON. ◦ APPLIED SCIENCE- CRIMINOLOGY USES DIFFERENT SCIENCES. ◦ NATIONALISTIC- THE STUDY OF CRIMES MUST BE IN RELATION WITH THE EXISTING CRIMINAL LAW WITHIN A TERRITORY OR COUNTRY. ◦ DYNAMIC- CRIMINOLOGY CHANGES AS A SOCIAL CONDITION CHANGES.  SCOPE OF THE STUDY OF CRIMINOLOGY ◦ STUDY OF DIFFERENT FACTORS THAT ENHANCE THE DEVELOPMENT OF CRIMINAL BEHAVIOR, SUCH AS: a) CRIMINAL DEMOGRAPHY- STUDY OF RELATIONSHIP BETWEEN CRIMINALITY AND POPULATION. b) CRIMINAL EPIDEMIOLOGY- STUDY OF RELATIONSHIP BETWEEN ENVIRONMENT AND CRIMINALITY. c) CRIMINAL ECOLOGY- STUDY OF CRIMINALITY IN RELATION TO THE SPATIAL DISTRIBUTION IN A COMMUNITY OR SOCIETY. d) CRIMINAL PHYSICAL ANTHROPOLOGY- STUDY OF CRIMINALITY (CRIMINALS) IN RELATION TO PHYSICAL CONSTITUTION OF MEN. (HUMAN SPECIES) e) CRIMINAL PSYCHOLOGY- STUDY OF HUMAN BEHAVIOR IN RELATION TO CRIMINALITY f) CRIMINAL PSYCHIATRY- THE STUDY OF HUMAN MIND IN RELATION TO CRIMINA LITY. WHAT IS VICTIMOLOGY? ◦ STUDY OF THE ROLE OF THE VICTIM IN THE COMMISSION OF A CRIME. ◦ BENJAMIN MENDELSOHN- FOUNDER OF VICTIMOLOGY  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.  TERIARY – THOSE WHO BECOME VICTIM PSYCHOLOGICALLY BECAUSE THEY BECOME AFRAID OF THE EFFECTS OF CRIME BY WATCHING TELEVISION, NEWSPAPER LISTENING TO WITNESS TESTIMONY. ◦ ACTIVE PRECIPITATION – OCCURS WHEN VICTIMS ACT PRO ACTIVELY, USE THREATS OR EVEN ATTACK FIRST. ◦ PASSIVE PRECIPITATION- OCCURS WHEN THE VICTIM EXHIBITS SOME PERSONAL CHARACTERISTICS THAT UNKNOWINGLY EITHER THREATENS OR ENCOURAGES THE ATTACKER.  What is CRIME? ◦ AN ACT OR OMISSION IN VIOLATION OF A PUBLIC LAW FORBIDDING OR COMMANDING IT. ◦ FELONY – ACT OR OMISSION PUNISHIBLE BY LAW WHICH IS COMMITTED BY MEANS OF DOLO OR CULPA AND PUNISHABLE UNDER RPC. RA 3815 (BOOK 1 AND 2) ◦ OFFENSE- AN ACT OR OMISSION IN VIOLATION OF SPECIAL LAW ◦ INFRACTION- AN ACT OR OMISSION IN VIOLATION OF CITY OR MUNICIPAL ORDINANCE TAKE NOTE! OMISSION- THE INACTION,THE FAILURE TO PERFORM A POSITIVE DUTY WHICH IS BOUND TO DO SO. THERE MUST BE A LAW REQUIRING A CERTAIN ACT TO BE PERFORMED AND THE PERSON RQUIRED TO DO THE ACT FAILS TO PERFORM IT. ACT – ANY KIND OF BODY MOVEMENT THAT PRODUCES CHANGE IN THE OUTSIDE WORLD.THE ACT MUST BE AN EXTERNAL ACT WHICH HAS A DIRECT CONNECTION WITH THE FELONY INTENDED TO BE COMMITTED. OVERT ACTS- EXTERNAL ACT WHICH IF CONTINUED WILL LOGICALLY RESULT IN FELONY. IT IS THE START OF CRIMINAL LIABILITY BECAUSE THE OFFENDER HAS COMMENCED THE COMMISSION OF AN OFFENSE WITH AN OVERT ACT.  CLASSES OF CRIMES ◦ MALA IN SE ◦ MALA PROHIBITA  ACTS THAT ARE OUTLAWED  ACTSTHAT ARE OUTLAWED BECAUSE THEY VIOLATE BASIC BECAUSE THEY CLASH WITH MORAL VALUES SUCH AS RAPE, CURRENT NORMS AND PUBLIC MURDER, ASSAULT AND OPINION, SUCH AS TAX, ROBBERY. TRAFFIC AND DRUG LAWS. TWO FORMS OF FELONIES ◦ CULPABLE FELONIES ◦ INTENTIONAL FELONIES  ACT OR OMISSION OF THE OFFENDER IS NOT MALICIOUS AND THE INJURY CAUSED BY THE  ACT OR OMISSION IS PERFORMED WITH OFFENDER IS UNINTENTIONAL, IT BEING THE DELIBERATE INTENT OR MALICE. SIMPLY THE INCIDENT OF ANOTHER ACT PERFORMED WITHOUT MALICE.  ELEMENTS  ELEMENTS  FREEDOM  FREEDOM  INTELLIGENCE INTELLIGENCE  INTENT NEGLIGENCE (LACK OF FORESIGHT) IMPRUDENCE (LACK OF SKILL) o FREEDOM (VOLUNTARINESS)  VOLUNTARINESS ON THE PART O THE PERSON TO COMMIT THE ACT OR OMISSION. o INTELLIGENCE (DISCERNMENT)  MEANS THE CAPACITY TO KNOW AND UNDERSTAND THE CONSEQUENCE OF ONE’S ACT. o CRIMINAL INTENT  THE PURPOSE TO USE A PARTICULAR MEANS TO EFFECT SUCH RESULT. INTENT TO COMMIT AN ACT WITH MALICE BEING PURELY A MENTAL PROCESS IS PRESUMED. SUCH PRESUMPTION ARISES FROM THE PROOF OF COMMISSION OF UNLAWFUL ACT. A MENTAL STATE, HENCE, ITS EXISTENCE IS SHOWN BY OVERT ACTS. STAGES IN THE COMMISSION OF CRIMES  (CFA) ◦ CONSUMMATED STAGE WHEN ALL THE ELEMENTS NECESSARY FOR ITS EXECUTION AND ACCOMPLISHMENT ARE PRESENT. oFRUSTRATED STAGE 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. oATTEMPTED STAGE 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.  ACCORDING TO PLURALITY : a)SIMPLE CRIME – SINGLE ACT CONSTITUTING ONLY ONE OFFENSE b)COMPLEX CRIME – SINGLE ACT CONSTITUTING TWO OR MORE GRAVE FELONIES OR AS IS A NECESSARY MEANS FOR THE COMMITTING THE OTHER.  RA 10951 SEC 1  GRAVE FELONIES  ARE THOSE TO WHICH THE LAW ATTACHES THE CAPITAL PUNISHMENT OR PENALTIES WHICH ANY THEIR PERIODS ARE AFFLICTIVE IN ACCORDANCE WITH ARTICLE 25 OF THIS CODE. ( CAPITAL, RECLUSION PERPETUA, RECLUSIO TEMPORAL AND PRISION MAYOR)  LESS GRAVE FELONIES  ARE THOSE WHICH THE LAW PUNISHES WITH PENALTIES WHICH IN THEIR MAXIMUM PERIOD ARE CORRECIONAL IN ACCORDANCE WITH ABOVE MENTIONED ARTICLE ( PRISION CORRECIONAL AND ARESTO MAYOR)  LIGHT FELONIES  ARE THOSE INFRACTIONS OF LAW OR THE COMMISSION OF WHICH THE PENALTY OF ARRESTO MENOR AND NOT EXCEEDING 40,000 PESOS. RA 10591 SECTION 2 , ACCORDING TO FINES AFFLICTIVE CORRECTIONAL LIGHT PENALTY PENALTY PENALTY MORE THAN 40,000 PESOS TO LESS THAN 1,200,000 1,200,000 PESOS 40,000 PESOS  CRIMINOLOGICAL CLASSIFICATIONS OF CRIMES  ACCORDING TO THE RESULT OF THE CRIME  ACQUISITIVE CRIME – THE OFFENDER ACQUIRES SOMETHING. E.G. ESTAFA, THEFT, ROBBERY  EXTINCTIVE CRIME – THE CONSEQUENCE OF THE ACT IS DESTRUCTIVE E.G. ARSON, MALICIOUS MISCHIEF   ACCORDING TO THE TIME OR PERIOD OF THE COMMISSION OF THE CRIME  SEASONAL CRIME – IT IS COMMITTED ONLY DURING A CERTAIN PERIOD OF THE YEAR.  SITUATIONAL CRIME – IT IS COMMITTED ONLY WHEN THE SITUATION IS CONDUCIVE TO IT’S COMMISSION.  ACCORDING TO THE LENGTH OF TIME OF THE COMMISSION OF THE CRIME  INSTANT CRIME – IT IS COMMITTEDIN THE SHORTEST POSSIBLE TIME  EPISODIAL CRIME – IT IS COMMITTED BY A SERIES OF ACTS IN A LENGTHY SPACE OF TIME  ACCORDING TO THE PLACE OR LOCATION  STATIC CRIME – COMMITTED ONLY IN ONE PLACE  CONTINUING CRIME – COMMITTED IN SEVERAL PLACES   ACCORDING TO THE USE OF MENTAL FACULTIES  RATIONAL CRIME – COMMITTED WITH INTENT AND THE OFFENDER IS IN FULL POSSESSION OF HIS SANITY (NORMAL)  IRRATIONAL CRIME – COMMITTED BY AN OFFENDER WHO DOES NOT KNOW THE NATURE AND QUALITY OF HIS ACT ON ACCOUNT OF THE DISEASE OF THE MIND (ABNORMAL)   ACCORDING TO THE TYPE OF OFFENDER  WHITE COLLAR CRIME – COMMITTED BY A PERSON BELONGING TO THE UPPER SOCIO-ECONOMIC CLASS IN THE COURSE OF HIS OCCUPATIONAL ACTIVITIES.  BLUE- COLLAR CRIME – COMMITTED BY ORDINARY PROFESSIONAL CRIMINAL TO MAINTAIN HIS LIVELIHOOD.  CRIME OF KILLING  HOMICIDE – KILLING OF HUMAN BEING BY ANOTHER  PARRICIDE- KILLING OF ONE’S OWN FATHER, MOTHER,SPOUSE OR CHILD.  INFANTICIDE- KILLING OF AN INFANT LESS THAN 3 DAYS OLD  SORORICIDE- KILLING ONE’S OWN SISTER  FRATRICIDE- KILLING ONE’S BROTHER  MATRICIDE- KILLING OF A MOTHER BY HER OWN CHILD  CRIME OF KILLING  PATRICIDE- KILLING OF FATHER BY HIS OWN CHILD  UXORICIDE- ACT OF ONE WHO MURDERS HIS WIFE  ELDERCIDE- MURDER OF SENIOR CITIZEN  ABORTION / ABORTICIDE- KILLING A FETUS IN THE WOMB  CRIME OF KILLING  SUICIDE- TAKING ONE’S OWN LIFE VOLUNTARILY AND INTENTIONALLY  REGICIDE- KILLING OF A KING  VATICIDE- KILLING OF A PROPHET  EUTHANASIA- THE ACT OF MERY KILLING OR THE ACT OR PRACTICE OF PAINLESSLY PUTTING TO DEATH A PERSON’S SUFFERING FROM INCURABLE AND DISTRESSING DISEASE. ◦ MASS MURDER  THE KILLING OF A LARGE NUMBER OF PEOPLE IN A SINGLE INCIDENT BY AN OFFENDER WHO TYPICALLY DOES NOT SEEK CONCEALMENT OR ESCAPE. ◦ MURDER  THE UNLAWFUL KILLING OF A HUMAN BEING WITH MALICIOUS INTENT AND QUALIFYING CIRCUMSTANCES. ◦ SERIAL MURDER  KILLING OF LARGE NUMBER OF PEOPLE OVER TIME BY AN OFFENDER WHO SEEKS TO ESCAPE DETECTION.  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 COMMTTED A CRIME.  GENERAL CLASSIFICATION OF CRIMINALS 1. ACUTE (SERIOUS) CRIMINALS – PERSON WHO VIOLATE CRIMINAL LAW BECAUSE OF THE IMPULSE OF THE MOMENT, FIT OF PASSION OR ANGER. 2. CHRONIC (CONTINUNG) CRIMINALS - PERSON WHO ACTED IN CONSONANCE/ SIMILAR WITH DELIBERATED THINKING SUCH AS;  NEUROTIC CRIMINALS – PERSON WHOSE ACTIONS ARISE FROM THE INTRA- PSYCHIC CONFLICT BETWEEN SOCIAL AND ANTI-SOCIAL COMPONENTS OF HIS PERSONALITY  NORMAL CRIMINALS – PERSON WHOSE PSYCHIC(INTELLECTUAL) ORGANIZATION RESEMBLES THAT OF A NORMAL INDIVIDUAL EXCEPT THAT HE IDENTIFIES HIMSELF WITH CRIMINAL PROTOTYPE/ PATTERN.  IDIOT IQ OF 0-25 MODERATE MENTAL RETARDATION IQ OF 35-49 OR MODERATE MENTAL SUB-NORMALITY (OBSOLETE IQ OF 51-70 MEDICAL CLASSIFICATION) MORON THE TERM IMBECILE WAS ONCE USED BY PSYCHIATRISTS TO DENOTE A CATEGORY OF PEOPLE WITH MODERATE TO SEVERE INTELLECTUAL DISABILITY, AS WELL AS A TYPE OF CRIMINAL. THE WORD ARISES FROM THE LATIN WORD “IMBECILLUS”, MEANING “WEAK OR WEAK MINDED”  GENERAL CLASSIFICATION OF CRIMINALS BASED ON BEHAVIORAL SYSTEM  ORDINARY CRIMINALS – LOWEST FORM OF CRIMINAL CAREER; THEY ENGAGE ONLY IN CONVENTIONAL CRIMES WHICH REQUIRE LIMITED SKILL.  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 BUSINESS.  PROFESSIONAL CRIMINALS- THESE ARE HIGHLY SKILLED AND ABLE TOOBTAIN CONSIDERABLE AMOUNT OF MONEY WITHOUT BEING DETECTEDBECAUSE OF ORGANZATION AND CONTACT WITH OTHER PROFESONAL CRIMINALS.  GENERAL CLASSIFICATION OF CRIMINALS BASED ON MENTAL ATTITUDE  ACTIVE AGGRESSIVE CRIMINAL – ONE WHO COMMITS CRIME DUE TO AGGRESSIVENESS  PASSIVE INADEQUATE CRIMINAL – ONE WHO COMMIT CRIME BECAUSE THEY ARE FORCED BY A REWARD OR PROMISE  SOCIALIZED DELINQUENT – AN INDIVIDUAL WITH DEFECTIVE SOCIALIZATION PROCESS OR DEVELOPMENT THUS HE LACKS PROPER MORE VALUES OR ETHICAL STANDARDS. STUCK IN SUB CULTURE OF GANGS THAT GLORIFIES (ADORES) CRIMINAL CONDUCT.  INTRODUCTION TO THE STUDY OF CRIMINAL LAW  RA 3815 OR THE REVISED PENAL CODE AS AMENDED APPROVED ON DEC 08, 1930 EFFECTIVE JAN 1 , 1932 BOOK 1 – ARTICLE 1 TO ARTICLE 113 BOOK 2 – ARTICLE 114 TO ARTICLE 367  CODES AND LAWS  CUSTOMS  UR-NAMMU CODE ( UR-NAMMU YASASI)  HAMMURABI CODE (KING HAMMURABI)  CODE OH HITTITIES  CODE OF DRACO (DRACONIAN INSTITUTION)  CODE OF SOLON  CODES AND LAWS  MARAGTAS CODE ( DATU SUMAKWEL)  KALANTIAW CODE (DATU KALANTIAW)  LAW OF THE TWELVE TABLES ( LEGES DUODECIM TABULARUM OR DUODECIM TABULAE)  CODE OF JUSTINIAN (CORPUS JURIS CIVILIS OR BODY OF CIVIL LAW)  BURGUNDIAN LAWS ( LEX BURGUNDIONUM OR LEX GUNDOBADA)  SCHOOL OF THOUGHT IN CRIMINOLOGY  SCHOOL OF THOUGHT- REFERS TO A GROUP OF BELIEFS OR IDEAS THAT SUPPORT A SPECIFIC THEORY  THEORY- SET OF STATEMENTS EVISED TO EXPLAINBEHAVIOR, EVENTS OR PHENOMENON, ESPECIALLY ONE THAT HAS BEEN REPETEADLY TESTED AND WIDELY ACCEPTED.  SCHOOL OF THOUGHT IN CRIMINOLOGY 1. DEMONOLOGICAL THEORY  ASSERTS THAT A PERSON COMMITS WRONGFUL ACTS DUE TO THE FACT THA THE WAS POSSESSED BY DEMONS 2. CLASSICIAL CRIMINOLOGY /FREEWILL THEORY/ CLASSICAL THEORY THEORY BY CESARE BONESANA MARCHESE DI BECCARIA FATHER OF CRIMINOLOGY IN THIS THEORY HE STATED THAT INDIVIDUALS HAVE FREE WILL SCHOOL OF THOUGHT IN CRIMINOLOGY 3. RATIONAL CHOICE THEORY – IT IS AN ECONOMIC PRINCIPLE THAT STATES THAT INDIVIDUALS ALWAYS MAKE PRUDENT AN LOGICAL DECISIONS. THIS DECISIONS PROVIDE PEOPLE WITH THE GREATEST BENEFIT OR SATISFACTION- GIVEN THE CHOICES AVAILABLE- AND ARE ALSO IN THEIR HIGHEST SELF INTEREST.  SCHOOL OF THOUGHT IN CRIMINOLOGY 4. UTILITARIAN ETHICAL THEORY  THEORY BY JEREMY BENTHAM THIS THEORY STATED THAT THE GREAT HAPPINESS FOR THE GREATEST NUMBER “ENDS JUSTIFIES THE MEANS” HEDONISM (PLEASURE AND AVOID PAIN) FELICIFIC CALCULUS (PLEASURE AND PAIN PRINCIPLE)  SCHOOL OF THOUGHT IN CRIMINOLOGY  BENTHAM 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 CMMITTING THE CRIME. ◦ CELEBRITY OF PUNISHMENT - HOW QUICKLY AN INDIVIDUAL IS PUNISHED. ◦ CERTAINTY – HOW LIKELY IT IS THAT AN INDIVIDUAL WILL BE CAUGHT AND PUNISHED (THE MOST IMPORTANT OF THE 3 ELEMENTS) ◦ SEVERITY- HOW HARSH THE PUNISHMENT FOR A CRIME WILL BE.  SCHOOL OF THOUGHT IN CRIMINOLOGY 5. NEO-CLASSICAL THEORY THIS THEORY MODIFIED THE DOCTRINE OF FREE WILL BY STATING THAT FREE WILL OF MEN MAY BE AFFECTED BY OTHER FACTORS AND CRIME IS COMMITTED DUE TO SOME COMPELLING REASON 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.  SCHOOL OF THOUGHT IN CRIMINOLOGY 6. ITALIAN SCHOOL OF CRIMINOLOGY OR THE POSITIVE SCHOOL  BIOLOGICAL (CESARE LOMBROSO) PSYCHOLOGICAL (RAFAELLE GAROFALO) SOCIOLOGICAL (FERRI)  THIS THEORY FOCUSES ON PERSON CESARE LOMBROSO  FATHER OF CRIMINAL ANTHROPOLOGY  FATHER OF MODERN AND EMPIRICAL (EXPERIMENTAL) CRIMINOLOGY DUE TO HIS APPLICATION OF MODERN SCIENTIFIC METHODS TO TRACE CRIMINAL BEHAVIOR, HOWEVER MOST OF HIS IDEAS ARE NOW DISCREDITED.  ATAVISTIC STIGMATA (ATAVISTIC ANOMALIES  APE LIKE  GIUSEPPE VILLELA  200 PRISONERS  MEMBER OF THE HOLY THREE  CHARLES DARWIN(ON THE ORIGIN OF SPECIES)  ACCORDING TO CESARE LOMBROSO I. BORN CRIMINALS –Individuals with at least five (5) atavistic stigmata  Lombroso believed that atavism could be identified by a number of measurable physical stigmata, which included 1. PROTRUDING JAW 2. DROOPING EYES 3. LARGE EARS 4. TWISTED AND FLATTISH NOSE 5. LONG ARMS RELATIVE TO THE LOWER LIMBS 6. SLOPING SHOULDERS 7. A COCCYX THAT RESEMBLED "THE STUMP OF A TAIL.  ACCORDING TO CESARE LOMBROSO II. INSANE CRIMINALS Those who are not criminals by birth; they become criminals as a result of some changes in their brains which interfere with their ability to distinguish between right and wrong. ACCORDING TO CESARE LOMBROSO III. CRIMINALOIDS Those with make-up of an ambiguous(unclear)group that includes habitual criminals, criminals by passion and other diverse TYPES. Respectable in the society and they can conceal. They use fall guy.(Encyclopedia of white collar and corporate crime) ENRICO FERRI  PSYCHOLOGICAL, SOCIAL AND ECONOMIC ASPECTS  CRIMINAL SOCIOLOGY PUBLISHED (1884)  FERRI ARGUED THAT OTHER SENTIMENTS, SUCH AS HATE, CUPIDITY (GREED) AND VANITY (PRIDE) HAD GREATER INFLUENCES AS THEY HELD MORE CONTROL OVER A PERSON’S MORAL SENSE.  THEY DID NOT CHOOSE TO COMMIT CRIME IT IS DRIVEN BY CONDITIONS OF THEIR LIVES.  MEMBER OF HOLY THREE  RAFFAELE GAROFALO  PSYCHOHLOGICAL ASPECT  DISPUTED DOCTRINE OF FREE WILL  SUPPORTED THE POSITION THAT THE ONLY WAY TO UNDERSTAND CRIME WAS TO STUDY IT BY SCIENTIFIC METHODS.  INFLUENCED ON LOMBROSO’S THEORY OF ATAVISTIC STIGMA  HE TRACED THE ROOTS OFCRIMINAL BEHAVIOR NOT TO PHYSICAL FEATURES BUT TO THEIR PSYCHOLOGICAL EQUIVALENTS, WHICH HE CALLED “MORAL ANOMALIES”  BIOLOGICAL DETERMINISM The existence of criminal traits associates an individual’s evil disposition to physical disfigurement or impairment  GIAMBATTISTA DELAPORTA (1535-1615) Italian physician who founded the SCHOOL OF HUMAN PHYSIOGNOMY, the study of facial features and their relation to human behavior. The study of judging a person’s character from facial features to determine whether the shape of the ears, nose and eyes and the distance between them were associated with anti-social behavior.  JOHANN KASPAR LAVATER (1741-1801) Swiss theologian believed that people’s true characters and inclinations could be read from their facial features.  PHRENOLOGY (CRANIOLOGY OR CRANIOSCOPY) The study of external formation of the skull in relation to the person’s personality and tendencies toward criminal behavior.  FRANZ JOSEPH GALL  He developed cranioscopy which was later renamed as phrenology.  JOHANN KASPAR SPURZHEIM Assistant of Gall in the study of phrenology. He was the man most responsible for popularizing and spreading phrenology to a wide audience.  CRANIOMETRY  The scientific measurement of skulls, especially in relation to craniology.  PHYSIOLOGY (SOMATOTYPE) The study of body build of a person in relation to his temperament and personality and the type of offense he is most prone to commit.  ERNEST WILLIAM HERBERT PHYSIQUE AND KRETSCHMER SHELDON TEMPERAMENT Pyknic Endomorphic Viscerotonic Athletic Mesomorphic Romotonic Asthenic Ectomorphic cerebrotonic  RICHARD DUGDALE  He studied the lives of the members of the JUKES FAMILY and referred to Margaret ADA JUKES as the MOTHER OF CRIMINALS.  He discovered that from among the descendants of Ada Jukes, there were 280 paupers (indigent), 60 thieves, 7 murderers, 40 other criminals, 40persons with venereal (STD) diseases and 50 prostitutes.  He claimed that since families produce generations of criminals, they must have been transmitting degenerate traits down the line.  HENRY GODDARD  Studied the HEREDITY OF FEEBLE-MINDEDNESS  Feeble-minded (illness or deficiencies of the mind) was used from the late nineteenth century in Europe, the united states and Australasia for disorders.  Eugenics (good well being) a set of beliefs and practices that aims at improving the genetic quality of a human population. (Francis Galton)  HENRY GODDARD  He studied the lives of KALLIKAK FAMILY and found that among the descendants from martin Kallikak's relationship with feeble- minded lady, there were 143 feeble minded and only 46 normal, 36 were illegitimate, 3 epileptics , 3 criminals, 8 kept brothels and 82 died of infancy.  His marriage with a woman from a good family produced almost all normal descendants, only 2 were alcoholics, 1 was convicted of religious offense, 15 died at infancy and no one become criminal or epileptic.  He coined the word “moron”  PSYCHOLOGICAL DETERMINISM  This idea has long been hatched by thinkers who were consumed by the belief that it is the psychological equivalents that push the person to act the way he does.  There are many ways to classify psychological theories of crime causation. Some f the theories emphasize emotional problems, mental disorders, sociopathy and thinking patterns. But the common assumption of these theories is that there is something wrong with the offender which caused him to commit crimes.  SIGMUND FREUD  Father of PSYCHOANALYSIS  Believed that man carry with him residue of the most significant emotional attachments of his childhood, which then guide future interpersonal relationship.  FOUNDED THE PSYCHOANALYTIC (PSYCHODYNAMIC) theory of criminality in which he attributed delinquent and criminal behavior to a conscience that is overbearing which arouses feelings of guilt.  ID (INSTINCTUAL DRIVE) It is governed by the “PLEASURE PRINCIPLE” ; the id impulses are not social and must be repressed or adapted so that they may become socially acceptable.  EGO This 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 an 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.  SUPEREGO 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 (the ‘conscience principle”) DAVID EMIL DURKHEIM  One of the founding scholars of sociology  Published the book “DIVISION OF LABOUR IN SOCIETY” which became a landmark work on the organization of societies. Crime is as normal a part of society as birth and death Crime is a part of human nature because it has existed during periods of both poverty and prosperity As long as human differences exists, which is one of the fundamental conditions of society, it is but natural and expected that t will result to criminality.  GABRIEL TARDE (JEAN GABRIEL DE TARDE  The forerunner of modern day learning theorists  Theory Of Imitation, which governs the process by which people become criminals  The theory of imitation is explained by the following patterns; a. Pattern 1: individuals imitate others in proportion to the intensity and frequency of their contact. b. PATTERN 2: INFERIORS IMITATE SUPERIORS c. PATTERN 3: WHEN TWO BEHAVIOR PATTERNS CLASH, ONE MAY TAKE THE PLACEOF THE OTHER  SCHOOL OF THOUGHT IN CRIMINOLOGY 7. SOCIAL DISORGANIZATION THEORY(Differential Social Organization)  Clifford Shaw with Henry D. McKay  The conditions within the urban environment that affect crime rates  Link crime rate to neighborhood ecological characteristics  Views crime ridden neighborhoods are those in which residents are uninterested in community matters; therefore, the common sources of control- family, school, church and barangay authorities- are weak an disorganized.  Location or environment  SCHOOL OF THOUGHT IN CRIMINOLOGY 8. STRAIN THEORY  Robert King Merton  The social structures within the society may pressure citizens to commit crime  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  The commission of crimes with the aim of achieving these goals results from this conflict.  FARDUT (FRUSTRATION, ANGER, RESENTMENT, DISPARTY, UNDER GREAT PRESSURE,  SCHOOL OF THOUGHT IN CRIMINOLOGY 9. SOCIAL PROCESS THEORY It views that criminality is a function of people’s interaction with various organization, institution and process in society. 10. SOCIAL LEARNING THEORY  It believes that crime is a product of learning the norms, values and behaviors associated with criminal activity.  SCHOOL OF THOUGHT IN CRIMINOLOGY 10. DIFFERENTIAL ASSOCIATION THEORY  Edwin Sutherland  Criminality is a function of a learning process that could affect any individual in any culture  Dean of modern criminology  Coined the word “White Collar Crimes”  Coined the word “Suicidology”  Stated that in the near future criminology will became a science  SCHOOL OF THOUGHT IN CRIMINOLOGY 11. DIFFERENTIAL REINFORCEMENT THEORY People strike a balance between being “all deviant” and “all conforming” Behavior persists depending on the degree to which it was rewarded or punished  SCHOOL OF THOUGHT IN CRIMINOLOGY 12. SOCIAL CONTROL THEORY (SOCIAL BOND THEORY) Travis Warner Hirschi It maintains that all people have the potential to violate the law and that modern society presents many opportunities for illegal activities. It ties a person has to the institutions and process of society It argues that people bey the law because behavior and passions are being controlled by internal and external forces Punishment and conscience ELEMENT OF SOCIAL BOND  BELIEF – People have been brought up to set up rules, belief and others.  INVOLVEMENT – people are engaged in communities and respect would be lost.  ATTACHMENT –family and relationship  COMMITMENT – people may lose a great deal.  SCHOOL OF THOUGHT IN CRIMINOLOGY 13. CONTAINMENT THEORY WALTER C. RECKLESS The idea that strong self-image insulates (protect) a youth from the pressures and pulls of crimogenic (cause crime) influences in the environment A behavior must be controlled and in the absence of appropriate controls, people will deviate  SCHOOL OF THOUGHT IN CRIMINOLOGY 14. SOCIAL REACTION THEORY (LABELLING THEORY) FRANK TANNENBAUM the grandfather of srt/lt Holds that people enter into law-violating careers when they are labeled for their acts and organize their personalities around the labels. Negative labels have dramatic influence on the self – image of offenders.