SOCIOLOGY OF CRIME AND ETHICS

INTRODUCTION TO CRIMINOLOGY and PSYCHOLOGY OF

CRIMES (CRIM 1)
CRIMINOLOGY
-

the entire body of knowledge regarding crimes,

criminals and the efforts of society to prevent and
repress them
a body of knowledge regarding delinquency and crime
as a social phenomenon; it includes within its
scope, the making of laws, the breaking of laws and
the reactions toward the breaking of laws (Edwin
Sutherland)
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
the study of crimes, causes of crimes, the meaning
of crime in terms of law and community reaction to
crime
the study that aims to explain the connection
between crime and the personal characteristics of
the offender including his environment
The scientific study of crimes
extended in three basic lines:

1)
2)
3)

and

criminals

is

nature of criminal law and its administration

causes of crimes and behavior of criminals
control of crimes and rehabilitation of offenders

NATURE OF CRIMINOLOGY
1)

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.
This is called
instrumentation.
2)
It is a social science.
In as much as crime is a social creation, that it
exists in a society being a social phenomenon, its study
must be considered a part of social science.

3)

It is dynamic.
Criminology changes as social condition changes. It is
concomitant with the advancement of other sciences that have
been applied to it.
4)
It is nationalistic.
The study of crimes must be in relation with the
existing criminal law within a territory or country.
The
question as to whether an act is a crime is dependent on the
criminal law of a state.
It follows therefore that the
causes of crime must be determined from its social needs and
standards.
SCOPE OF THE STUDY OF CRIMINOLOGY
1)
2)
3)

study of the origin and development of criminal law

study of the causes of crimes and development of
criminals.
study of the different factors that enhances the
development of criminal behavior, such as:
a)
criminal
demography

the
study
of
the
relationship between criminality and population
b)
criminal
epidiomology

the
study
of
the
relationship between environment 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 physical constitution
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)
victimology the study of the role of the victim
in the commission of a crime

CRIME
-

an act or omission in violation of a public law

forbidding or commanding it

TRIANGLE OF CRIME/ELEMENTS OF CRIME

1) DESIRE
2) CAPABILITY/ABILITY
3) OPPORTUNITY
CRIME OF COMMISSION
an act that is in violation of a law forbidding it
1

performing an act that is prohibited by 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
ACT
-

any action with outward manifestation

overt and physical action done in pursuance
manifestation of a criminal design or intent

and

SUB-CLASSIFICATION OF CRIMES
1)

FELONY
an act or omission punishable by law which is
committed by means of dolo (deceit) or culpa
(fault)and punishable under the Revised Penal Code
2)
OFFENSE
an act or omission in violation of a special law
3)
INFRACTION
an act or omission in violation of a city or municipal
ordinance
ELEMENTS OF A FELONY
a)

INTENTIONAL FELONIES:
felonies committed by means of dolo (deceit)
the act or omission is performed with deliberate
intent or malice
1)
freedom or voluntariness
o when the person acted on his own accord, without
irresistible force and/or uncontrollable fear
2)
intelligence
o when the person who committed the crime has the
ability to determine what is right from what is
wrong and to realize the consequences of ones act
3)
intent
o when the person knowingly and purposely committed
the crime to effect the desired result

b)

CULPABLE FELONIES:
felonies committed by means of culpa (fault)
the act or omission of the offender is not
malicious and the injury caused by the offender is
unintentional, it being simply the incident of
another act performed without malice
1)
imprudence
1

o deficiency in action; failure to take the

necessary precaution to prevent the danger due to
carelessness
2)
negligence
o deficiency in perception; failure to foresee the
danger
3)
lack of foresight
o when the crime resulted due to the persons
inability to predict the obvious possible outcome
of his actions
4)
lack of skill
o when the crime resulted because the person does
not have the necessary skill to perform the action
safely
LEGAL CLASSIFICATION OF CRIMES
1)

as to the manner crimes are committed:

a)
by means of dolo or deceit
b)
by means of culpa or fault

2)

as to the stages in the commission of crimes:

a)
consummated crime
when all the elements
necessary for its execution and accomplishment are
present
b)
frustrated crime when the offender has performed
all the acts of execution which will produce the
felony as a consequence but which nevertheless do
not produce it, by reason of causes independent of
the will of the perpetrator
c)

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

3)

according to plurality:
a) simple crime single act constituting only one
offense
b) complex crime single act constituting two or more
grave felonies or an act is a necessary means for
committing the other (ex. Robbery with Homicide,
Robbery with Rape,

4)

according to gravity:
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a)
b)
c)

grave felonies those to which the law attaches

the
capital
punishment
or
afflictive
penalties
less grave felonies those to which the law
attaches correccional penalties
light felonies those to which the law attaches
the penalty of arresto menor or a fine not
exceeding P200.00

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1)

2)

3)

4)
5)

6)

according to the result of the crime:

a)
acquisitive
crime

the
offender
acquires
something
b)
extinctive crime the consequence of the act is
destructive
according to the time or period of the commission of
the crime:
a)
seasonal crime committed only during a certain
period of the year
b)
situational crime committed only when the
situation is conducive to its commission
according to the length of time of the commission of
the crime:
a)
instant crime committed in the shortest possible
time
b)
episoidal crime committed by a series of acts in
a lengthy space of time
according to the place or location:
a)
static crime committed in only one place
b)
continuing crime committed in several places
according to the use of mental faculties:
a)
rational crime committed with intent and the
offender is in full possession of his sanity
b)
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
according to the type of offender:
a)
white-collar crime committed by a person
belonging to the upper socio-economic class in the
course of his occupational activities
b)
blue-collar
crime

committed
by
ordinary
professional criminal to maintain his livelihood

CRIME STATISTICS
attempts to provide a statistical measure of the
level, or amount of, crime that is prevalent in
societies
usually refers to figures compiled by the police and
similar law enforcement agencies
INDEX CRIMES
crimes which are sufficiently significant and which
occur with sufficient regularity to be meaningful,
such as murder, homicide, physical injury, robbery,
theft and rape
NON-INDEX CRIMES
all types of crimes not considered as index crimes
CRIME RATE
measure of the rate of occurrence of crimes
committed in a given area and time
the number of crimes committed among a given number
of persons
the
number
of
crimes
committed
per
100,000
population
stated mathematically:
crime rate =

number of crimes
_______________________

100,000

total number of population

CRIME INCIDENCE
the number of crimes reported as to index or nonindex within a given period
CRIMINAL
in the legal sense, a criminal is any person who has
been found to have committed a wrongful act in the
course of the standard judicial process; there must
be a final verdict of his guilt
in the criminological sense, a person is already
considered a criminal the moment he committed a
crime
GENERAL CLASSIFICATION OF CRIMINALS
1)

on the basis of etiology:

1

a)

2)

3)

acute criminals persons who violate criminal law

because of the impulse of the moment, fit of
passion or anger
b)
chronic
criminals

persons
who
acted
in
consonance with deliberated thinking, such as:
b.1) neurotic criminals persons whose actions
arise from the intra-psychic conflict between
the social and anti-social components of his
personality
b.2) normal criminals persons whose psychic
organization resembles that of a normal
individual except that he identifies himself
with criminal prototype
on the basis of behavioral system:
a)
ordinary criminals the lowest form of criminal
career; they engage only in conventional crimes
which require limited skill
b)
organized criminals these criminals have a high
degree of organization that enables them to commit
crimes without being detected and committed to
specialized activities which can be operated in
large scale businesses
c) professional criminals these are highly skilled
and able to obtain considerable amount of money
without being detected because of organization and
contact with other professional criminals
on the basis of activities:
a)
professional criminals those who earn their
living through criminal activities
b)
accidental criminals those who commit criminal
acts as a result of unanticipated circumstances
c)
habitual criminals those who continue to commit
criminal acts for such diverse reasons due to
deficiency of intelligence and lack of control
d)
situational criminals those who are actually not
criminals
but
get
in
trouble
with
legal
authorities because they commit crimes intermixed
with legitimate economic activities

INTRODUCTION TO THE STUDY OF CRIMINAL LAW

CRIMINAL LAW or PENAL LAW
that branch of public law which defines crimes,
treats of their nature and provides for their
punishment

REVISED PENAL CODE (ACT 3815)

the book that contains the Philippine criminal law
effectivity of the RPC is 1 January 1932
CHARACTERISTICS OF CRIMINAL LAW
1)
It is general in application/ GENERALITY:
The provisions of the criminal or penal law must be
applied equally to all persons within the territory
regardless of sex, race, nationality and other personal
circumstances, with the following exceptions:
a)
heads of state or country
b)
foreign diplomats and ambassadors
2)
It is territorial in character/ TERRITORIALITY:
As part of the right of a state to self-preservation,
each independent country has the right to promulgate laws
enforceable within its territorial jurisdiction, subject
only to the limitations imposed by treaties of preferential
applications and by the operation of international law of
nations. The Revised Penal Code and the other special laws
are applicable only to the areas within the Philippine
territorial jurisdiction, such as:
a)
Philippine archipelago all the islands that comprise
the Philippines
b)
atmosphere water all bodies of water that connect all
the islands such as bays, rivers and streams
c)
maritime zone the three (3) mile limit beyond our
shore measured at low tide
EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED
PENAL CODE:
The Revised Penal Code shall be applicable to all cases
committed outside the Philippine territorial jurisdiction
under the following circumstances:
a)
should commit an offense while on Philippine ship or
airship;
b)
should forge or counterfeit any coin or currency
note of the Philippine Island or obligations and
securities
issued
by
the
government
of
the
Philippines;
c)
while being a public officer or employee, should
commit an offense in the exercise of their functions
d)
should commit any of the crimes against national
security and law of nations
3)
It is prospective or irretrospective/PROSPECTIVITY:
No person may be punished for his act when at the time
he committed the act, it is still not yet punishable by law.
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However, penal laws may be given retroactive effect when it

is favorable to the accused.
4)
It is specific and definite.
Criminal law must give a strict definition of a
specific act which constitutes an offense. Where there is
doubt as to whether a definition embodied in the Revised
Penal Code applies to the accused or not, the judge is
obligated to decide the case in favor of the accused.
Criminal law must be construed liberally in favor of the
accused and strictly against the state.
5)
It is uniform in application.
An act described as a crime is a crime no matter who
committed it, wherever committed in the Philippines and
whenever committed.
No exceptions must be made as to the
criminal liability. The definition of crimes together with
the corresponding punishment must be uniformly construed,
although there may be a difference in the enforcement of a
given specific provision of the penal law.
6)
There must be a penal sanction or punishment.
Penal sanction is the most essential part of the
definition of the crime.
If there is no penalty to a
prohibited act, its enforcement will almost be impossible.
The penalty is acting as a deterrence and as a measure of
self-defense of the state to protect society from the threat
and wrong inflicted by the criminal.

THE EVOLUTION OF CRIMINOLOGY

ORIGIN OF THE WORD CRIMINOLOGY
The term criminology was derived from the Italian term
criminologia coined by Raffaelle Garofalo, an Italian law
professor, in 1885.
In 1887, Paul Topinard, a French anthropologist, used
the term criminologie.
An American criminologist in the person of Edwin
Sutherland introduced his own definition of the term
criminology. According to him, criminology is the entire
body of knowledge regarding crime as a social phenomenon.
It includes within its scope the process of making laws, of
breaking laws and of reacting towards the breaking of the
laws.

EVOLUTION OF CRIMINAL LAWS

A)
B)
1)
-

a)
b)
c)

d)
e)
2)
-

PREHISTORIC CRIME AND PUNISHMENT

Primitive Tribes
punishment may be in the form of ostracism and
expulsion
adultery may be punished by the aggrieved husband who
may kill the adulterer and his own offending wife
crime may be avenged by the victim himself or by the
victims family
THE EARLY CODES
CODE OF HAMMURABI
Hammurabi, the king of Babylon during the eighteenth
century BC, is recognized as the first codifier of laws
it provides the first comprehensive view of the laws in
the early days
the Code was carved in stone
the law of talion, or the principle of tit for tat,
(an eye for an eye, tooth for a tooth)
appears
throughout the Code
under the principle of the law of talion, the
punishment should be the same as the harm inflicted on
the victim
Highlights of the Code of Hammurabi:
compensation to the victim of a robbery by the
authorities of the city in which the robbery occurred
if the thief was not caught
the killer is answerable not to the family of the
victim but to the king
death was the penalty for robbery, theft, false
witness, building a house that falls on its owner
(if the house should collapse and kill the owners son,
the son of the builder would be the one executed)
a son who struck his father would suffer the amputation
of a hand
if in an assault a victims bone was broken, the same
bone of the assailant would be broken
THE HITTITES
the Hittites existed about two centuries after
Hammurabi and eventually conquered Babylon
Highlights of the laws of the Hittites:
capital punishment was used for many offenses, except
for homicide or robbery
rape, sexual intercourse with animals, defiance of the
authority and sorcery were all punishable by death

3)
4)
-

5)
-

the law of homicide provided for the restitution to the

victims heirs
law enforcement and judicial functions were placed in
the hands of commanders of military garrisons
CODE OF DRAKON
knows as the ultimate in severity
codified by Drakon, the Athenian lawgiver of the
seventh century BC
Highlights of the Code of Drakon:
death was the punishment for almost every offense
murderers might avoid execution by going into exile; if
they return to Athens, it was not a crime to kill them
death penalty was administered with great brutality
LAWS OF SOLON
Solon was appointed archon and was given legislative
powers
Solon repealed all the laws of the Code of Drakon,
except the law on homicide
Solon was one of the first to see that a lawgiver had
to make laws that applied equally to all citizens and
also saw that the law of punishment had to maintain
proportionality to the crimes committed
Highlights of the Laws of Solon:
the thief was required to return stolen property and
pay the victim a sum equal to twice its value
for the crime of temple robbery, the penalty was death
for rape of a woman, the penalty was a fine of certain
amount
ROMES TWELVE TABLES
Roman law began with the Twelve Tables which were
written in the middle of the sixth century BC
the Twelve Tables were the foundation of all laws in
Rome and written in tablets of bronze
the Twelve Tables were drafted by the Decemvirs, a
body of men composed of patricians
Highlights of the Twelve Tables:
if a man break anothers limb and does not
compensate the injury, he shall be liable to
retaliation
a person who committed arson of a house or a stack
of corn shall be burned alive
judges who accepted bribes as well as those who
bribed them were subject to execution
any act of treason was punishable by crucifixion

SCHOOLS OF THOUGHT IN CRIMINOLOGY

1

CLASSICAL CRIMINOLOGY
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.
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.
FOUNDERS OF THE CLASSICAL CRIMINOLOGY
1)

CESARE BONESANA MARCHESE DI BECCARIA (1738-1794)

published a book entitled On Crimes and Punishment
in 1764; this book presented a coherent and
comprehensive design for an enlightened criminal
justice system that was to serve the people
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 penal
code in France, Russia, Prussia and it influenced
the first ten amendments to the US Constitution

HIGHLIGHTS OF CESARE BECCARIAS IDEAS REGARDING CRIMES AND

THE CRIMINAL JUSTICE SYSTEM
In forming a human society, men and women sacrifice a
portion of their libery so as to enjoy peace and security.
Punishments that go beyond the need of preserving the
public safety are in their nature unjust.
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.
1

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 life imprisonment.
It is better to prevent crimes than to punish them.
That is the chief purpose of all good legislation.
JEREMY BENTHAM
founded the concept of UTILITARIANISM 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
NEOCLASSICAL CRIMINOLOGY
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
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.
POSITIVIST CRIMINOLOGY
ORIGIN OF THE CONCEPT OF POSITIVISM
During the nineteenth century, the first social
scientists began to apply the scientific method to the study
of society.
August Comte described how as society
progressed, people embraced a rational, scientific view of
the world. He called this final stage the positive stage of
1

human social development, and those who followed his

writings became known as positivists.
Those who embraced
positivism relied on the strict use of empirical methods
factual,
firsthand
observations,
and
measurement
of
conditions and events to test hypotheses.
Positive theorists were the first to claim the
importance of looking at individual difference 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.
(UN)HOLY THREE OF CRIMINOLOGY
CESARE LOMBROSO, ENRICO FERRI and RAFAELLE GAROFALO
AUGUST COMPTE
considered the FATHER OF POSITIVIST SCHOOL OF
CRIMINOLOGY AND SOCIOLOGY
applied scientific methods in the study of society
from where he adopted the word sociology
his work prompted scientific studies of human social
behavior
CESARE LOMBROSO
considered the FATHER OF MODERN CRIMINOLOGY due to
his application of modern scientific methods to
trace criminal behavior, however, most of his ideas
are now discredited
he claimed that criminals are distinguishable from
non-criminals due to the presence of atavistic
stigmata the physical features of creatures at an
earlier stage of development
he asserted that crimes are committed by those who
are born with certain recognizable hereditary 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
aqualine or beaklike in murderers, fleshy lips,
1

swollen and protruding, and pouches in the cheek

like those of animals toes
Lombrosos work supported the idea that the criminal
was a biologically and physically inferior person
according to him, there are three (3) classes of
criminals:
1) born criminals individuals with at least five
(5) atavistic stigmata
2) 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
3) criminaloids - those with make up of an ambiguous
group that includes habitual criminals, criminals
by passion and other diverse types

DIFFERENT APPROACHES UNDER THE POSITIVIST CRIMINOLOGY

A)

BIOLOGICAL DETERMINISM

This explanation for the existence of criminal traits

associates an individuals evil disposition to physical
disfigurement or impairment.
1)

GIAMBATTISTA DELA PORTA (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 persons character from facial features
to determine whether the shape of the ears, nose
and eyes and the distances between them were
associated with anti-social behavior

2)

JOHANN KASPAR LAVATER (1741-1801)

Swiss theologian who believed that peoples true
characters and inclinations could be read from
their facial features

3)

FRANZ JOSEPH GALL (1758-1828)

born in Germany, a renowned neuroanatomist and
physiologist and a pioneer in the study of the
localization of mental functions in the brain
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 as phrenology, the

study that deals with the relationship between the
skull and human behavior

4)

CHARLES GORING
also studied phrenology or craniology which deals
with the study of the external formation of the
skull indicating the conformation of the brain and
the development of its various parts which is
directly related to the behavior of the criminal
he believed that criminal characteristics were
inherited and recommended that people with such
characteristics should not be allowed to reproduce
according to him, people with epilepsy, insanity
and feeblemindedness were among those who should
not be allowed to have children

5)

JOHANN KASPAR SPURZHEIM (1776-1832)

German phrenologist who was the assistant of Gall
he was the man most responsible for popularizing
and spreading phrenology to a wide audience

PHYSIOLOGY OR SOMATOTYPE
this refers to the study of the body build of a
person
in
relation
to
his
temperament
and
personality and the type of offense he is most prone
to commit.
this study which searches the relationship of body
build to behavior became popular during the first
half of the twentieth century.
The following are
school of criminology:
1)
-

the

proponents

of

the

somatotype

ERNST KRETCHMER
he correlated body build and constitution with
characters or temperamental reactions and mentality
he
distinguished
three
(3)
principal
types
of
physiques:
a)
asthenic lean, slightly built, narrow shoulders;
their crimes are petty thievery and fraud
b)
athletic medium to tall, strong, muscular,
coarse bones; they are usually connected with
crimes of violence
c)
pyknic medium height, rounded figures, massive
neck, broad face; they tend to commit deception,
fraud and violence
1

2)
-

WILLIAM SHELDON
formulated his own group of somatotype:
TYPE OF PHYSIQUE

TEMPERAMENT

a)

endomorphic relatively large

digestive viscera; round body;
short, tapering limbs; small
bones; smooth, velvety skin

viscerotonic generally
relax and comfortable
person, loves luxury and
essentially extrovert

b)

mesomorphic with relative

predominance of muscles, bones
and motor organs of the body
with large wrist and hands

romotonic active,
dynamic; walks, talks
and
gestures
assertively
and behaves aggressively

c)

ectomorphic relative predominance of skin and its

appendages which includes
the nervous system; it has
fragile and delicate bones;
with droopy shoulders, small
face and sharp nose, fine hair
and with relatively small body

cerebrotonic introvert
prone to allergies, skin
troubles, chronic
fatigue, insomnia, sensitive skin and sensitive to noise

HEREDITY AS A FACTOR IN CRIMINALITY

1)
-

2)
-

RICHARD DUGDALE
he studied the lives of the members of the JUKES FAMILY
and referred to ADA JUKES as the MOTHER OF CRIMINALS
he discovered that from among the descendants of Ada
Jukes, there were 280 paupers, 60 thieves, 7 murderers,
40 other criminals, 40 persons with venereal 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
he studied the lives of the KALLIKAK FAMILY and found
that among the descendants from MARTIN KALLIKAKs
relationship with a 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 became criminal or
epileptic

INTELLIGENCE AS A FACTOR IN CRIMINALITY

The classic studies of the Juke and Kallikak families
were among the first to show that feeblemindedness or lowintelligence can be inherited and transferred from one
generation to the next. Numerous test were also conducted
that lead to the development of the use of IQ tests as a
testing procedure for offenders.
The very first results
seemed to confirm that offenders had low mental abilities
and they were found to be mentally impaired.
B. PSYCHOLOGICAL DETERMINISM
This explains the psychological determinants which
define behavior of a person.
This idea has long been
hatched by thinkers who were consumed by the belief that it
is the psychological equivalents that prod the person to act
the way he does.
There are many ways to classify psychological theories
of crime causation.
But the common assumption of these
theories is that there is something wrong with the mind of
the offender which caused him to commit crimes.
From among the many theories regarding the relationship
of psychology and crime, the psychoanalytic theory by
Sigmund Freud is the most notable:
1)
-

SIGMUND FREUD
he is recognized as the FATHER OF PSYCHOANALYSIS
he founded the PSYCHOANALYTIC THEORY OF CRIMINALITY in
which he attributed delinquent and criminal behavior to
a conscience that is overbearing which arouses feelings
of guilt or a conscience that is so weak that it cannot
control the individuals impulses and the need for
immediate gratification
in his theory, PERSONALITY IS COMPRISED OF THREE
COMPONENTS:
a)

ID this stands for instinctual drives; it

represents our unconscious biological needs for
food, water, sleep, sex and other life sustaining
necessities including aggression as well as
primitive needs that are present at birth; this
pleasure seeking part of human personality is
concerned about gratification of ones wishes; it
is governed by the pleasure principle; the id
1

impulses are not social and must be repressed or

adapted
so
that
they
may
become
socially
acceptable
b)

EGO this is considered to be the sensible and

responsible part of an individuals 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

c)

SUPEREGO serves as the moral conscience of an

individual; it is that part of an individuals
personality that allows the person to feel pride,
shame and guilt; 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

- this position holds that criminals are driven by

unconscious thought patterns, developed in early
childhood, that control behaviors over the life course
- some people encounter problems during their early
development
that
cause
an
imbalance
in
their
personality
- crime is a manifestation of feelings of oppression and
peoples inability to develop the proper psychological
defenses to keep these feelings under control
2)
-

RAFAELLE GAROFALO
proposed that people commit crime due to some psychic
or MORAL ANOMALY, a deficiency in moral sensibilities
he believed that certain people are morally less
developed
than
others
due
to
environmental,
circumstantial and organic reasons

TYPE OF MENTAL DISORDERS

1)

NEUROSIS
1

2)
-

a common type of mental disorder used to

criminal behavior
also referred to as hysteria or neurasthenia

explain

PSYCHOSIS
a more serious type of mental disorder, which can be
organic or functional
psychotic people lose contact with reality and have
difficulty distinguishing reality from fantasy
the most common type of psychosis are the following:
a)

SCHIZOPRENIA also called dementia praecox;

characterized by distortions or withdrawal from
reality, disturbances of thoughts and language and
withdrawal from social contact; a condition marked
by incoherent thought process and lack of insight

b)

PARANOIA - gradual impairment of the intellect,

characterized by delusions or hallucination
DELUSION false belief
HALLUCINATION false perception
DELUSIONS OF GRANDEUR a false belief that you
are greater than everybody else
DELUSIONS OF PERSECUTION a false belief that
other people are conspiring to kill, harm or
embarrass you
DELUSIONS OF REFERENCE a false belief
everybody is always talking about you

that

CRIMINAL PERSONALITY
- studies show that aggressive youth have unstable
personality structures often marked by hyperactivity,
impulsiveness and instability
PSYCHOPATHICPERSONALITY OR
ANTISOCIAL /SOCIOPATHIC PERSONALITY
- believed to be dangerous, aggressive, antisocial
individuals who act in callous manner, who neither
learn from their mistakes nor are deterred by
punishment
- they lack emotional depth, are incapable of caring for
others, and maintain an abnormally low level of anxiety

- they lack moral conscience, and therefore they have no

concept of what is right and wrong and legal and
illegal
C)

SOCIOLOGICAL DETERMINISM

Sociological factors refer to things, places and people

with whom we come in contact with and which play a part in
determining our actions and conduct. These causes may bring
about the development of criminal behavior.
1)
-

2)
-

EMILE DURKHEIM
one of the founding scholars of sociology
published a book, The Division of Labor in Society,
which became a landmark work on the organization of
societies
according to him:
a)
crime is as normal a part of society as birth and
death
b)
crime is part of human nature because it has
existed during periods of both poverty and
prosperity
c)
as long as human differences exists, which is one
of the fundamental conditions of society, it is
but natural and expected that it will result to
criminality
one of his profound contributions to contemporary
criminology is the concept of anomie, the breakdown of
social order as a result of loss of standards and
values
according to him, the explanation of human conduct and
human misconduct lies not in the individual himself but
in the group and social organization
his ideas had become what is known as the ANOMIE THEORY
GABRIEL TARDE
introduced the Theory of Imitation, which governs the
process by which people become criminals
according to him, individuals emulate behavior patterns
in much the same way that they copy styles of dress
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
1

c)
3)
-

4)
-

Pattern 3: when two behavior patterns clash, one

may take the place of the other

ADOLPHE QUETELET and ANDRE MICHAEL GUERRY

he repudiated the free will doctrine of the classicists
he founded what is known as the CARTHOGRAPHIC SCHOOL OF
CRIMINOLOGY, together with ANDRE MICHAEL GUERRY
this study used social statistical data and provided
important demographic information on the population,
including density, gender, religious affiliations and
social economic status
he gathered data to investigate the influence of social
factors on the commission of crimes
he found a strong influence of age, sex, climate
condition, population composition and economic status
in criminality
ENRICO FERRI
a member of the Italian parliament
he believed that criminals could not be held morally
responsible because they did not choose to commit
crimes but was driven to commit them by conditions of
their lives
a follower of Lombroso, who was actually the one who
coined the term born criminal which was extensively
used by Lombroso
he proposed that the commission of a crime was caused
by a number of factors including physical (race,
geographics, temperature and climate), anthropological
(age, sex, organic and psychological) and social
(customs, religion, economics and population density

MODERN EXPLANATIONS OF CRIMES AND CRIMINAL BEHAVIOR

A)

1)

SOCIAL STRUCTURE THEORIES

- the view that a persons position in the social
structure controls behaviour
- those in the lowest socioeconomic level are more likely
to
succumb
to
crime-causing
elements
in
their
environment
- whereas those in the highest level enjoy social and
economic advantages that protects them from crimeproducing forces
SOCIAL DISORGANIZATION THEORY

2)
-

3)
-

B)

focuses on the conditions within the urban environment

that affect crime rates
links
crime
rate
to
neighborhood
ecological
characteristics
views crime-ridden neighborhoods as those in which
residents are uninterested in community matters,
therefore, the common sources of control family,
school, church, barangay authorities are weak and
disorganized
also called differential social organization
STRAIN THEORY
holds that crime is a function of the conflict between
the goals people have and the means they can use to
legally obtain them
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
the commission of crimes with the aim of achieving
these goals result from this conflict
CULTURAL DEVIANCE THEORY
combines
the
elements
of
both
strain
and
disorganization theories
theorizes that in order to cope with social isolation
and economic deprivation, members of the lower class
create an independent subculture with its own set of
rules and values
criminal behavior is an expression of conformity to
lower-class subcultural values
SOCIAL PROCESS THEORIES
- maintains that people commit crimes as a result of the
experiences they have while they are being socialized
by
the
various
organizations,
institutions
and
processes of society
- points to the link between criminal behaviour and
family problems, such as inconsistent discipline, poor
supervision and lack of warm, loving, supportive
parent-child relationship, as one essential factor in
criminality
- cites that educational experiences and socialization
have significant impact on criminality

a)

DIFFERENTIAL ASSOCIATION THEORY

formulated by Edwin Sutherland
believes that criminality is a function of a
learning process that could affect any individual
in any culture
his theory is outlined as follows:
i.
criminal behavior is learned;
ii. criminal behavior is learned in interaction
with
other
persons
in
a
process
of
communication;
iii. the principal part of learning of criminal
behavior occurs within an intimate personal
group;
iv. when criminal behavior is learned, the
learning includes techniques in committing
the crimes which are sometimes very simple,
the specific direction of motives, drives,
rationalization and attitudes;
v.
the process of learning criminal behavior by
association with criminal and anti-criminal
patterns involves all of the mechanisms that
are involved in any other learning

b)

DIFFERENTIAL REINFORCEMENT THEORY

according to this 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

C)
-

SOCIAL CONTROL THEORY

maintains that all people have the potential to violate
the law and that modern society presents many
opportunities for illegal activities
argues that people obey the law because behavior and
passions are being controlled by internal and external
forces
- everyone has the potential to become a criminal but
most people are controlled by their bond to society,
and crime occurs when the forces that bind people to
society are weakened or broken
- assumes people are born bad and must be controlled to
be good
D)
-

SOCIAL REACTION THEORY

also called LABELING THEORY
holds that people enter into law-violating careers when
they are labeled for their acts and organize their
personalities around the labels
1

negative labels have dramatic influence on the selfimage of offenders

- says people become criminals when significant members
of society label them as such and they accept those
labels as a personal identity
- assumes that whether good or bad, people are
controlled by the reactions of others

VICTIMOLOGY
- the study of victimization, including the relationships
between victims and offenders, the interactions between
victims and the criminal justice system -- that is, the
police and courts, and corrections officials -- and the
connections between victims and other societal groups
and institutions, such as the media, businesses, and
social movements
- the study of the victims of crime, and especially of
the reasons why some people are more prone to be
victims
VICTIM/VICTIM OF CRIME/CRIME VICTIM
- the
identifiable
person
who
has
been
individually and directly by the perpetrator

harmed

VICTIM PATTERNS
- gender, age, marital status, income, victim-offender
relationships and ecology are some factors that affect
victimization risks
GENDER
- males are more likely to become victims of robbery and
assault
- females are more likely to be victims of sexual assault
- when men are victims of violent crimes, the perpetrator
is usually described as a stranger
- females are more likely to be victimized by people they
know, like relatives, husbands or boyfriends
AGE
- young people face a much greater victimization risk
than older persons
- adolescents often stay out late at night, go to public
places and hang out in places where crime is most
likely to occur
- teens face a high victimization risk because they spend
a great deal of time in the presence of their

adolescent
crimes

peers,

the

group

most

likely

to

commit

INCOME
- the poor are the most likely to become victims of
crimes because they live in areas that are crime prone
MARITAL STATUS
- unmarried or never married people are victimized more
often than married people
- unmarried people tend to be younger, and young people
have the highest victim risk
- married people and widows have much lower victimization
rates because they interact with older people and are
more likely to stay home at night and avoid public
places
VICTIM-OFFENDER RELATIONSHIPS
- women seem much more likely than men to be victimized
by acquaintances; a majority of female assault victims
know their assailants
ECOLOGY
- most victimizations occur in large, urban areas
- rural and suburban victim rates are lower
- most incidents occur during the evening hours
- the most likely site for victimization is an open,
public area such as street, park, parking area and the
like
COMPILED FROM DIFFERENT REFERENCE MATERIALS BY:
JAMILLA GAY L ASALAN
Full-time Faculty, Philippine College of Criminology
Cum Laude, BS Criminology, 2003
Emilio Aguinaldo College-Manila, 2003
1st Placer, PRC Criminologist Licensure Examination
March 2004
Master of Science in Criminology
Major in Police Administration (thesis stage),
Emilio Aguinaldo College Graduate School