INTRODUCTION TO CRIMINOLOGY PRELIM NOTES WEEK 2-3.pdf

LYCEUM OF ALABANG COLLEGE OF CRIMINAL JUSTICE INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY Draconian Code- Greece (17th...

LYCEUM OF ALABANG COLLEGE OF CRIMINAL JUSTICE INTRODUCTION TO CRIMINOLOGY CRIMINOLOGY Draconian Code- Greece (17th century) The Italian Law Professor Raffaele Garofalo Hindu Code of Manu- India coined the term “criminologia” in 1885. Koran- Islamic Society The French Anthropologist Paul Topinard Law of Twelve Tables- Romans (451- used the term “criminologie” in 1887. 450 B.C.) Sumerian Code- Summer (3500 BC.) The entire body of knowledge regarding Law of Moses ( 1500 B.C.- 1900 B.C.) crimes, criminals and the efforts of society to prevent and repress them. EARLY LAWS (PHILIPPINES) The scientific study of the causes of crime in Maragtas Code (1215) - The oldest relation to man and society who set and law of Panay define rules and regulations for himself and Kalantiaw Code (1433) - 2nd code of others to govern. Criminal BREAKING OF LAWS A body of knowledge regarding crime as social phenomenon; it includes within its All violations of laws are violations of the will scope, the making of laws, the breaking of of the majority in the society. laws and the reactions toward the breaking of Violation of the provisions of the criminal laws. (Edwin Sutherland) laws created by the public thru representation is called CRIME. MAKING OF LAWS Crime is an act or omission in violation of criminal law. Act is outward movement The law is passed because of the consensus tending to produce effect of the will of the public. In the Philippines, we have bicameral system of legislation. It is called bicameral because it is composed of REACTION OF SOCIETY two (2) houses. Reaction of society towards the breaking of laws Society either reacts positively or EARLY LAWS (WORLDWIDE) negatively when someone commits crime. However, seldom has the society reacted Code of Hammurabi- Babylon (1700 positively; it reacts negatively by imposing B.C.) punishment on the lawbreaker. Mosaic Code- Israelites (1200 B.C.)  LYCEUM OF ALABANG COLLEGE OF CRIMINAL JUSTICE INTRODUCTION TO CRIMINOLOGY Phenomenon - observable; something which Sec 4 (e), Republic Act No. 11131 (The can be observed; any fact, circumstances, or Philippine Criminology Profession Act of experiences which can be explained 2018 scientifically. “Criminology refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of crimes.” PRINCIPAL DIVISION 1. SOCIOLOGY OF LAW - processes of making laws NATURE OF CRIMINOLOGY 2. ETIOLOGY OF CRIME - breaking of laws 1. It is APPLIED SCIENCE. 3. PENOLOGY - the reactions toward the (INSTRUMENTATION) breaking of the law 2. It is SOCIAL SCIENCE. Crime is a social 4. VICTIMOLOGY - the study of the role creation, and it exists in a society being a and/or participation of the victim in the social phenomenon. development and commission of a crime. 3. It is DYNAMIC. Criminology changes as a 5. CRIMINALISTICS - scientific tests or social condition change. It is concomitant techniques used in connection with the with the advancement of other sciences detection of crime that have been applied to it. 4. It is NATIONALISTIC. The study of crimes must be in relation to the existing criminal VARIOUS STUDIES AND SCIENCE RELATED law within a territory or country. The TO CRIMINOLOGY question as to whether an act is a crime is Study of Law dependent on the criminal law of a state. It Science of Medicine, Chemistry and follows therefore that the causes of crime Psychology must be determined from its social Religion needs and standards. Education Social Work Involving Sociology and Psychology THE SCOPE OF CRIMINOLOGY Public Administration 1. Study of the causes of crimes and development of criminals. IS CRIMINOLOGY SCIENCE? 2. Study of the origin and development of criminal laws. Edwin Sutherland and Donald Cressey 3. Study of the different factors that Not a science but has the hope of becoming a science for the reason that man is the subject enhances as: of the study.  LYCEUM OF ALABANG COLLEGE OF CRIMINAL JUSTICE INTRODUCTION TO CRIMINOLOGY a. CRIMINAL SOCIOLOGY - study purpose of such laws, how they are the effects of social conditions on enforced and violated. crime and criminals including the The criminologists study the kinds of machinery of justice and the sanctions or incentives that can best evolution of criminal law and protect the environment. The punishment. criminologists study the relationship b. CRIMINAL PSYCHIATRY - study between ideology and power in the of the human mind in relation to making, enforcing, and breaking of laws. criminality. c. CRIMINAL ECOLOGY - the study SOME STUDIES RELATIVE TO THE of criminality in relation to spatial DEVELOPMENT OF CRIMINALITY distribution on a community. THE “BAD SEED” BIOLOGICALLY BAD, d. CRIMINAL DEMOGRAPHY - RAISED BY THE GOOD study of the relationship between criminology and population The story about an angelic little girl whose parents were homicidal, antisocial e. CRIMINAL EPIDEMIOLOGY - people. She had no contact with her study of the relationship between biological parents and was raised by a environment and criminality. model citizen. Her behavior appeared to f. CRIMINAL PHYSICAL progress normally, and she behaved in ANTHROPOLOGY - study of model ways. However, the bad seed or the criminality in relation to physical aberrant gene eventually took control, and constitution of men in the she committed deceptive, shocking, commission crime. atrocious criminal acts. g. VICTIMOLOGY - study of the role of the victim Kallikak Family Tree (Goddard) "THE LINE OF PROSTITUTION” CRIMINOLOGIST Martin Kallikak was a soldier of the Criminologists are interested as how American Revolutionary war, and while criminal laws are created, who has the stationed in a small village, he met and power to create them, what are the had illicit relations with a feeble-mined girl. About 489 descendants from this  LYCEUM OF ALABANG COLLEGE OF CRIMINAL JUSTICE INTRODUCTION TO CRIMINOLOGY lineage were traced which include 143 "DESCENDANTS OF THE GOOD“ feeble-mined, 36 were illegitimate, 3 were Sir Edwards was a famous preacher during epileptics, 3 criminals, 8 kept brothels, 82 the colonial period. When his family tree died in infancy, and only 46 were normal. was traced, none of the descendants was At the close of the war, Martin Kallikak, Sr., found to be a criminal. Indeed, some of his returned to his home and married a son became PRESIDENTS of United States Quaker of good family. Out of this married, of America. 4,967 of the descendants have been traced and all but one were normal mentally, only 2 were known to an CRIME alcohol,1 was convicted of religious An act or omission in violation of a public offense, 15 died in infancyand no one law forbidding or commanding it. became criminal or epileptic. MALA IN SE VS. MALA PROHIBITA Crimes which are wrongful in nature are Juke Family Tree (Dugdale & Estabrook) called mala in se; mere violations of rules DESCENDANTS OF THE BAD/ of convenience designed to secure a more CRIMINALS orderly regulation of the affairs of the society are mala prohibita. The Juke family consists of 6 girls some of whom were illegitimate. One of the 6 sisters, Ada Juke was known as Margaret, ANATOMY OF CRIME - For any crime to the mother of criminals. Dugdale traced happen, there are three elements or the 1,200 descendants for 75 years from ingredients that must be present at the its origin and found 280 as paupers, 140 same time and same place. These are: criminals, 60 habitual thieves, 300 prematurely-borned infants, 7 murderers, 1. Instrumentality - is the means or 50 prostitutes, 440 contaminated with implement use in the commission of the sexual diseases, and 30 were prosecuted crime. for bastardy. 2. Opportunity - The time and place ADA JUKES a.k.a mother of criminals conducive for its commission. 3. Resistance to Temptation - The values of the offender to refrain from committing Sir Jonathan Edwards Family Tree an act.  LYCEUM OF ALABANG COLLEGE OF CRIMINAL JUSTICE INTRODUCTION TO CRIMINOLOGY SUB-CLASSIFICATION OF CRIMES FRUSTRATED CRIME - when the offender has performed all the acts of execution FELONY which will produce the felony as a An act or omission punishable by law consequence, but which nevertheless which is committed by means of dolo do not produce it, by reason of causes (deceit) or culpa (fault)and punishable independent of the will of the under the Revised Penal Code(Act # 3815) perpetrator OFFENSE ATTEMPTED CRIME - when the offender commences the commission of a crime An act or omission in violation of a special directly by overt acts and does not perform law(E.g. RA 9165) all the acts of execution which should INFRACTION OF ORDINANCE/ produce the felony by reason of some MISDEMEANOR cause or accident other than his own spontaneous desistance An act or omission in violation of a city or municipal ordinance. According to plurality: According to gravity: SIMPLE CRIME - single act constituting only one offense GRAVE FELONIES - those to which the law attaches COMPLEX CRIME - single act constituting two or more grave LESS GRAVE FELONIES - those to which felonies or an is a necessary the law attaches correccional penalties means for committing the other LIGHT FELONIES - those to which the law attaches the penalty of arresto menor or a fine not exceeding P200.00 the capital According to gravity: punishment or afflictive penalties. GRAVE FELONIES - those to which the law attaches As to the stages in the commission of LESS GRAVE FELONIES - those to crimes: which the law attaches correccional penalties CONSUMMATED CRIME - when all the elements necessary for its execution LIGHT FELONIES - those to which and accomplishment are present the law attaches the penalty of  LYCEUM OF ALABANG COLLEGE OF CRIMINAL JUSTICE INTRODUCTION TO CRIMINOLOGY arresto menor or a fine not exceeding P200.00 the capital punishment or afflictive penalties