Criminology Reviewer PDF

**REVIEWER** **P1** **Criminology** -- is a body of knowledge regarding crime as a social phenomenon. - scientific study of the nonlegal aspects of crime and delinquency, including its causes. correction and prevention, from the viewpoints of such diverse disciplines as anthropology, bi...

**REVIEWER** **P1** **Criminology** -- is a body of knowledge regarding crime as a social phenomenon. - scientific study of the nonlegal aspects of crime and delinquency, including its causes. correction and prevention, from the viewpoints of such diverse disciplines as anthropology, biology. psychology and psychiatry, economics, sociology, and statistics. ([Edwin Sutherland and Donald Cressy, 1935)] - refers to the scientific study of crimes criminals and victims, it also deals with the prevention, and solution of crimes. [\[RA 1131\]] **The 3 scopes are as follows**: 1. [The making of law ] 2. [The breaking of law ] 3. [Reaction of society towards the breaking of law ] **Broadest Sense** -- is entire body of knowledge regarding, crimes, criminals and the effort of society to prevent and repress them. **Narrower Sense** -- is a scientific study of crimes and criminals. **Scope in the study of criminology:** a. **Criminal Demography** - the [study of the relationship between criminality and population]. b. **Criminal Epidemiology** - the [study of the correlation between environment or "milieu" and criminality] c. **Criminal Ecology** - the [study of criminality in relation to the spatial distribution in a community.] d. **Criminal Physical anthropology** - the [study of criminality in relation to the physical structure of men]. e. **Criminal Psychology** - the [study of human behavior in relation to criminality]. f. **Criminal Psychiatry** - the [study of human mind in relation to criminality]. g. **Criminal Politics** - a [science consisting of principles with which the Government organizes its fight against criminality.] h. **Forensic Chemistry** - The [application of chemical doctrines in the solution of problems that arise in connection with the administration of justice]. i. **Forensic Medicine** - Object is to place [medical knowledge at the disposal of the administration of justice], mutually civil and criminal. j. **Victimology** - the [study of the role of the victim in the commission of a crime.] **Criminology derived from:** - [Latin Word -- Crimen -- Offence ] - [Greek Word -- Logos or Logia -- To study ] **Origin of the word criminology** - **Criminologia** [- Italian word, coined by Raffaele Garofalo in year 1885] - **Criminologie** - [French word, coined by Paul Topinard in year 1887] - **Criminology** [- English word, coined by Edwin H. Sutherland] **Edwin Hardin Sutherland** - Author of Differential Association Theory - Considered as the Dean of Modern Criminology - Father or Pioneer of American Criminology - Coined the word White-collar Crime **4 Principal Divisions of criminology** 1. **SOCIOLOGY OF LAW** - which is an attempt at [scientific analysis of the conditions under which criminal law Influences society.] 2. **CRIMINAL ETIOLOGY -** which is an attempt at [scientific analysis of the study of causes of reasons for crime.] 3. **PENOLOGY** - concerned [with control of crime by repressing criminal activities through the fear of punishment.] 4. **CRIMINALISTICS** - concerns with the [collection, identification and recognition of physical evidence at the crime scene.] **THE HOLY THREE** - **CESARE LOMBROSO \[Father of modern criminology\]** - **RAFFAELE GAROFALO** - **ENRICO FERRI** **CESARE LOMBROSO** - Father Criminology or the Modern Criminology, also the "Founder of criminal anthropology" - His theory of **Born Criminal** states that criminals are a lower form of life, nearer to their apelike ancestors than non-criminal in traits and disposition. - They are distinguishable from non-criminals by various **atavistic** stigma-physical feature of creatures at an earlier stage of development. **Raffaele Garofalo** - -An Italian nobleman, magistrate, senator, and professor of law who rejected the classical principle that punishment should fit the crime, arguing instead that it should fit the criminal. - He traced the roots of criminal behavior which is not in physical features but to their psychological equivalents, which he called **\"moral anomalies.\"** **Enrico Ferri** - Lombroso\'s best associate attacked the classical doctrine on freewill, and argued that criminals should not be held morally responsible for their crimes, because they did not choose to commit crimes rather, were driven to commit crimes due to economic, social and political factors **(moral responsibility).** **Aims in the study of criminology** 1. **To understand crimes and criminals** 2. **To prevent the occurrence of crime** 1. **Sociology (Sociological Criminology):** This is the study of crime [focused on the group of people and society as a whole. ] 2. **Psychology (Psychological Criminology):** This is the science [of behavior and mental processes of the criminal. ] 3. **Psychiatry (Psychiatric Criminology):** This is the science that [deals with the study of criminal behavior in terms of motives and drives.] **Nature of criminology: (SAND)** 1. **An applied science** - [Used different Sciences] 2. **[Social Science]** - In as much [as crime is a societal creation] and that it exists in a society, its study must be considered a part of social science. 3. **[Dynamic]** -- Criminology [changes as social condition changes.] That means the progress of [criminology is concordant with the advancement of other sciences] that have been applied to it. 4. **[Nationalistic]** -- The study of crime must always be in [relation with the existing criminal law within the territory.] **Why must members of society be interested in crime?** 1\. **Crime is Pervasive** - nearly all participants of a free [society are once upon a time a victim of an offender] of a criminal act[. Criminal as an associate of society affects almost all people regardless of age, sex, race, nationality, religion, financial condition, education and other personal circumstances.] 2\. **Crime is Expensive** - the [government and private sector use an enormous amount of currency] for crime detection, prosecution correction and prevention. 3\. **Crime is Destructive** - [many lives has been vanished] because of crimes like murder, homicide and other violent deaths. [Properties have been lost or devastated] on account of robbery, theft and arson. 4\. **Crime is Reflective** - [crime rate or incidence in a given locality is reflecting the efficiency] of the social defenses employed by the people-primarily that of the police system. 5\. **Crime is Progressive** - [the progressive upsurge in the volume of crime is on account of the ever-increasing population.] The ever-increasing [crime rate and their techniques show the progress of the society for advancement.] **[RA 6506]** - an act creating the board examiners for Criminologist in the Philippines. (*REPEALED BY* ***RA 11131*)** **RA 11131-The Philippine Criminology Profession Act of 2018** Theory derived from the: Greek Word -\> "Theōria" -\> [Contemplation or Speculation] **Freda Adler**- Theory is a statement that explains the relationship between abstract concepts in a meaningful way. **Walsh, 2012-** Theory is a set of logically interconnected propositions explaining how phenomena are related and from which a number of hypotheses can be derived and tested. **Merriam-Webster's Dictionary** - Theory is a plausible or scientifically acceptable general principle or body of principles offered to explain phenomena. **[Scientific Theory]** - an [explanation] of an aspect of the natural world and universe that can [be repeatedly tested and corroborated in accordance with the scientific method], using accepted protocols of [observation, measurement, and evaluation of results.] [**Social theory** - defined as the systematic set of interrelated statements or principles that explain aspects of social life.] **Main purpose of theory** - is [to provide the means to develop mathematical, analytical and descriptive models] that predict counterintuitive, non-obvious, unseen, or difficult-to-[obtain outcomes.] **[2 components of theory:]** 1. **Concepts** - is a [symbolic representation of an actual thing] - tree, chair, table, computer, distance, etc. - **Construct** - is the word for concepts with [no physical referent] - democracy, learning, freedom, etc. - **Variable** - One type of construct that is [used in many scientific theories]. 2. **Principles** - A principle expresses the [relationship between two or more concepts or constructs.] **3 stages of theory development** **Speculative** - attempts to explain what is happening. **Descriptive** - gathers descriptive data to describe what is really happening. **Constructive** - revises old theories and develops new ones based on continuing research. **School of Thought** - School of Thought is a collection or group of people who share common characteristics of opinion or outlook of an idea. - A set of ideas or opinions that a group of people share about a matter. **Pre -- classical Era** **Demonological Theory** - It asserts that a person commits wrongful acts due to the fact he was [possessed by a demon.] **Pre-Twentieth Century (1738-1798)** 1. **Classical School** 2. **Neo-Classical School** 3. **Positivist or the Italian School** **Classical School** - Was founded by [Cesare Beccaria] and [Jeremy Bentham.] - A primary premise was the fundamental equality of all people, which meant that [every person should be treated equally under the law.] - The basis of criminal liability is human free will and the purpose of penalty is ***[retribution]***-(personal vengeance). - Main notion is *"**[let the punishment fits the crime]**".* **Cesare Bonesana Marchese de Beccaria (Cesare Beccaria)** - Believes that all human beings are rational beings and that they possess "**[free will]**"-[the] [capacity to choose between right or wrong]. - He believed that [people want to achieve pleasure and avoid pain and to deter crime] one must administer pain. **Jeremy Bentham** - A british lawyer and philosopher who wrote "Principles of Morals and Legislation". - Proposed **[Hedonism]** - explain person always act out in such a way to seek pleasure and avoid pain. **[Felicific Calculus]** - involved weighing of pleasures versus pain. - He believed in **[Utilitarianism Principle]** - the greatest happiness of the greatest number of people. - Devised a blueprint of **[Panopticon Prison]** - a prison made of glass. **Neo-Classical School** - Was a modification of the classical school. - Introduced the [application of mitigating and exempting circumstances.] - [Exempts children and lunatics] in terms of committing a crime for they believed that they cannot calculate pain and pleasure - Believes in free will but **NOT ABSOLUTE**. - Main notion is *"**[let the children and lunatic criminals be exempted from punishment".]*** **[Positivist School \[Italian\]]** - Was founded by [Cesare Lombroso, Enrico Ferri and Raffaele Garofalo] - [Applied Scientific] methods to explain criminal behavior. - It was anchored on the doctrine of **[Determinism]** - which stated that [man's choices, decisions and actions are decided by antecedent causes, inherited or environmental, acting upon his character. ] - Opposed the classical school doctrine of free will. - it believe that man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong. ( there is no freewill) **Classifications of Criminals by Lombroso:** 1. **[Born Criminals]** -- there are born criminals according to Lombroso, the belief that being [criminal behavior is inherited.] 2. **[Criminal by Passion]** -- are individuals who are easily [influenced by great emotions like fit of anger.] 3. **[Insane Criminals]** -- are those who [commit crime due to abnormalities or psychological disorders.] They should be exempted from criminal liability. 4. **[Criminaloids]** -- a person who [commits crime due to less physical stamina/self self control.] 5. **[Occasional Criminal]** -- are those who [commit crime due to insignificant reasons that pushed them to do at a given occasion.] 6. **[Pseudo-criminals]** -- are those [who kill in self-defense]. **Classification of Criminals by Raffaele Garofalo:** 1. **[Murderers] -** criminal who kills another person and is satisfied from vengeance/revenge. 2. **[Violent Criminals]** - lacks pity and can be influenced by environmental factors such as the consumption of alcohol or the fact that criminality is endemic to criminal's particular population. **Classification of Criminals by Enrico Ferri:** 1. **[Born/Instinctive Criminals]** - carries from birth, through unfortunate heredity from his progenitors. 2. **[Occasional Criminals]** - product of family and social surroundings more than of abnormal personal physio mental conditions. 3. **[Passionate Criminals]** - has two varieties: - ***Passion*** - prolonged/chronic mental state - ***Emotion*** - explosive/unexpected mental state 4. **[Insane Criminals]** - clinically identified mental disease, example are those diagnosed as neuropsychopatic condition. 5. **[Habitual Criminals]** - criminal by acquired habit. Product by social environment, example; are those abandoned by one's family, lack of education, poverty, and bad companions. - **[Overt act]** - an act that [can be seen or observed]. - **[Norm/s]** - is a [principle of right action] binding upon the members of a group and [serving to guide, control, or regulates proper and acceptable behavior.] - **Deviance** - those who [violated the standard social norms.] - In psychological perspective, **[Crime]** - an act which is considered [undesirable due to behavioral maladjustment of the offender.] - Crime - acts that are [caused by maladaptive or abnormal behaviors.] In legal perspective, **[Crime]** - is any [act or omission in violation of the law.] - **[Act]** - means any [bodily movement tending to produce some effect in the external world.] - **[Omission]** - means [inaction, the failure to perform a positive duty] that one is bound to do. 3 Common concepts of Crime 1. **Consesus View** - the belief that the [majority of citizens in a society share common values] and agree on what behaviors should be defined as criminal. 2. **Conflict View** - the belief that [criminal behaviors is defined by those in power] in such a way as to protect and advance their own self-interest. 3. **Interactionist View** - the belief that those with [social power are able to impose their values on society] as a whole, and these values then define criminal behavior. **[Crime]** - is generic term used to refer to wrongdoings punished either under Special Law or Revised Penal Code. **[Special law]** - it is a penal law which punishes acts not defined and penalized by the RPC. They are statutes enacted by legislative branch. Sources of Criminal Law in the Philippines: 1. The Revised Penal Code (Act No. 3815) and its amendments. 2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. 3. Penal Presidential Decrees issued during Martial Law. **[Law]** - is a Norse word, legally defined as the [rule of conduct, just made obligatory by legitimate authority] for the general welfare and [benefit of all the people.] - ***SALUS POPULI EST SUPREMA LEX*** - "[THE SAFETY OF THE PEOPLE IS THE SUPREME LAW"] - ***DURA LEX SED LEX*** - "[THE LAW MAY BE HARSH BUT IT IS THE LAW"] **[Justice]** -- It is the principle of dealing [with fairness and equality in the application of law.] - the idea of giving a person his due as a matter of right. **Lady Justice** - originates from the personification of [Justice in Ancient Roman art known as Iustitia or Justitia,] who is equivalent to the [Greek goddess Dike.] - is an [allegorical personification of the moral force in judicial system.] 1. **[Blindfold]** → justice is unbiased 2. **[Sword]** → shows authority, including the power to punish injustice 3. **[Weighing Scale]** → fairness in the judicial process Concept of Criminal Justice - Criminal justice is [providing justice to criminals.] - It also focuses on the rehabilitation of the criminals [providing moral support to the victims and prevention of other crimes.] - The system of criminal justice includes primary institutions like **[Crime]** - the [intentional commission of an act] usually deemed socially harmful or dangerous and specifically defined, [prohibited, and punishable under criminal law.] **[Crime]** - it also refers to an [act or omission in violation of public law] forbidding or commanding it. - **Crime of Commission** \- an act that is in violation of a law forbidding it \- performing an act that is prohibited by the law - **Crime of Omission** \- an act that is in violation of a law commanding it \- failure to perform an act that is commanded by law **Actus me invito factus non est meus actus** - "An act done by me against my will is not my act" **Actus non facit reum,nisi mens sit rea** - "The act cannot be criminal where the mind is not criminal" **[Offense]** - An [act or omission in violation of special penal laws (SPL).] **[Mala Prohibita]** - The act is wrong because it is [prohibited by law.] - Criminal intent is not material but still requires intelligence and voluntariness. - [Intent is not element of a crime.] **[Felony]** - An act or [omission in violation of Revised Penal Code (RPC).] **[Mala Inse]** - act is inherently evil or bad or per se wrongful. - [Intent is an element of a crime.] - Good faith is valid defense. - Crimes under RPC are mala inse **[Misdemeanor]** - acts that are in [violation of simple rules and regulations] usually referring to acts committed by minor offenders. (violation of city/municipal ordinance) (C/MO) **Requisites of DOLO or MALICE:** 1. **Freedom** - the [act is done freely] and consciously. 2. **Intelligence** - [acted with sound judgement], knows what he/she is doing. 3. **Intent** - is a mental, the [existence of which is shown by the overt acts] of a person. CULPABLE FELONIES - felonies committed by means of culpa (fault) **Felonies committed by CULPA or FAULT:** 1. **Freedom** - the [act is done freely] and consciously. 2. **Intelligence** - [acted with sound judgement], knows what he/she is doing. 3. **Imprudence and Negligence** - **Imprudence -** it indicates a deficiency of action (lack of skill) - **Negligence -** it indicates a deficiency of perception (lack of foresight) **1.Internal Acts** - mere ideas in the mind of a person, are not punishable **2.External Acts** - this covers - **preparatory acts** - ordinarily not punishable - **acts of execution** - they are punishable under the RPC. The stages of acts of execution includes attempted, frustrated, and consummated. **Stages of Acts of Execution**: 1. **Attempted crime** - when the [offender commences the commission of a crime directly by overt acts] and [does not perform all the acts of execution] which should produce the felony [by reason of some cause or accident other than his own spontaneous desistance]. 2. **Frustrated crime** - when the offender [has performed all the acts of execution] which will produce the felony as a consequence [but which nevertheless do not produce] it, by [reason of causes independent of the will of the perpetrator]. 3. **Consummated crime** - when [all the elements necessary for its execution and accomplishment are present]. **Approaches in the study of the existence of crime:** 1. **[Biological]** - it believes [that criminal behavior is inherited] or identified through physical characteristics of criminals. 2. **[Psychiatric]** - it believes that [crime is caused by mental diseases and mental disorders.] 3. **[Psychological]** - it believes that [crime is caused by behavioral disorders.] 4. **[Sociological]** - it believes that [crime is a result of social factors.] 5. **[Geographical]** - it believes that [location of a person triggers criminal behavior.] 6. **[Demographical]** - it believes that [population's composition has a relationship in the existence of criminality.] 7. **[Epidemiological]** - it believes that [crime is transmitted within the population.] 8. **[Ecology]** - [studies criminality in relation to competition], social discrimination, division of labor, [social conflicts and interaction of people in their environment.] 9. **[Economic]** - explains about the relationship of [criminality based on the distribution of wealth] or resources in the community. 10. **[Victimology]** - [studies the role of the victim in the crime;] it explains how people are being victimized. - Dr. Henry H. Goddard - studied the Kallikak Family - Ada Juke - publicly know as "Margaret" - the Mother of All Criminals - Richard Louis Dugdale - studied the Jukes Family