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INTRODUCTION TO CRIMINOLOGY

� CRIMINOLOGY

-The entire body of knowledge regarding crimes, criminals and the effort of society
to prevent and repress them.
-The scientific study of the causes of crimes in relation to man and society who
set and define rules and regulations for himself and other to govern.

� THE EVOLUTION OF CRIMINOLOGY

- The term criminology was derived from the Italian term �criminologia� coined by
Raffaelle Garafalo,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.

� NATURE OF CRIMINOLOGY

1. It is an applied science.

2. It is a social science. Crime is a social creation and it exists in a society


being a social phenomenon.

3. It is dynamic. Criminology changes as a social condition changes. It is


concomitant with the advancement of other science 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.

� SCOPE OF THE STUDY OF CRIMINOLOGY

1. Study of the origin and development of criminal law

2. Study of the causes of crimes and development of criminals.

3. Study of different factors that enhance the development of criminal behavior,


such as:

a. Criminal demography - the study of the relationship between criminality and


population.

b. Criminal epidemiology � 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 crime

A. Criminal etiology = the study of the Cause or origin of crime. It studies the
primary reason for crime commission.

B. Sociology of law = attempt at scientific analysis of the condition which the


penal/criminal laws has developed as a process of formal or social control.

C. Sociology = it is the study of human society, its origin, structure,


functions and direction.

D. Criminological research = study of the crime correlated to with antecedent


variables, state of crime trend.

� CRIME
- An act or omission in violation of public law forbidding or commanding it.

� SUB-CLASSIFICATION OF CRIMES

a. FELONY
- An act or omission punishable by law which is committed by means or dolo (deceit)
or culpa (fault) and punishable under the Revised Penal Code.

b. OFFENSE
- An act or omission in violation of a special law.

c. 3) INFRACTION
- An act or omission in violation of a city or municipal ordinance.

Classes of Crimes

1. Crime Mala In Se = acts that are outlawed because they violate basic moral
values such as rape, murder, assault and robbery?

a. Intentional felony (IFI)


b. Non-intentional felony (IFN)

2. Crime Mala Prohibita = acts that are outlawed because they clash with current
norms and public opinion, such as tax, traffic and drug laws.

ELEMENT OF A FELONY

a) INTENTIONAL FELONIES:

- committed by means of dolo (deceit)

- The act or omission is performed with deliberate intent or malice

1) Freedom or voluntariness
2) Intelligence
3) Intent

b) CULPABLE 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 the simply the incident of another act
performed without malice

1) Freedom or voluntariness
2) Intelligence
3) Negligence or imprudence (lack of
Foresight or lack of skill)

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 stage in the commission of crimes:


a) Consummated crime - when all the element 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 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 is a
necessary means for committing the other

4) According to gravity:

a) Grave felonies � those the law attaches the capital punishment or afflictive
penalties
b) Less grave felonies � those to which the law attaches correccional penalties
c) 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) According to the result of the crime:


a) Acquisitive crime � the offer acquires something
b) Extinctive crime � the consequence of the act is destructive

2) 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 conductive to its
commission

3) 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 series of acts in lengthy space of time

4) According to the place or location:


a) Static crime - committed in only one place
b) Continuing crime � committed in several place

5) 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 an account of the disease of the mind

6) 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

Other types of crimes


Bias crime = acts directed toward a particular person or members of a group
merely because the targets share a discernible racial, ethnic, religious or gender
characteristics. Also called hate crimes.

Cleared crimes = two ways by which crimes are closed: (1) when at least one
person arrested, charge, and turned over to the court for prosecution, (2) by
exception means, when some element beyond police control precludes the physical
arrest of an offender e.g. when he/she leaves the country.

Corporative crimes = white collar crime involving a legal violation by


corporate entity such as price fixing, restraint of trade, or hazardous waste
dumping.

Crime of reduction = crimes that are committed when the offended party
experiences a loss of some quality relative to his her present standing such as
when they becomes victims of robbery or theft, but they may also be victimized if
their dignity is stripped from them when they are taunted by racists.

Crime of repression = crimes that are committed when members of a group are
prevented from achieving their fullest potential because of racism, sexism, or some
status bias.

Cyber crime = the commission of criminal acts using the instruments of modern
technology such as computers or the internet.

Economical crime = an act in violation of the criminal that is designed to


bring financial gain to the offender.

Enterprise crime = the use of illegal tactics by a business to make profits


in the market place.

Expressive crime = a crime that has no purpose except to accomplish the


behavioral hand such as shooting someone.

Hate crime = act of violence or intimidation design to terrorize or frighten


people considered undesirable because of their race, religion, ethnic origin, or
sexual orientation.

Inchoate crime = incomplete or contemplated crimes such as criminal


solicitation or criminal attempts.
Mission hate crimes = violent crimes committed by disturbed individuals who
see it as their duty to rid the world of evil.

Organizational crimes = crimes that involves large corporations and their


efforts to control the market place and earn huge profits, through unlawful
bidding, unfair advertising, monopolistic practices, or other illegal means.
Organized crimes = illegal activities of people and organization whose
acknowledge purpose is profit to illegitimate business enterprise.

Public order crimes = Acts that are considered illegal because they threaten
general well- being of society and challenge its accepted moral principles.
Prostitution, drug use, and the sale of pornography are considered public order
crimes.

Reactive hate crime = perpetrators believe they are taking a defensive stand
against outsiders who they believe threaten their community or way of life.

Retaliatory hate crime = offense committed in response to a hate crime, real


or perceived.

Statutory crimes =crimes defined by legislative bodies in response to


changing social conditions, public opinion, and custom.

Trill-seeking hate crime = hatemonger who join forces to have fun by bashing
minorities or destroying property; inflicting pain on others gives a sadistic
thrill.

Victimless crimes = that violate the moral order but in which there in no
actual victim or target in these crimes which include drug abuse and sex offenses.
It is society as a whole and not an individual who is considered the victim.
White � collar crimes = illegal acts that capitalize on a person�s status in
the market place. It may involve theft, embezzlement, fraud, market manipulation
restraint of trade, and false advertising.

Other term referring to crimes

I. Crime of Rape

a. acquaintance rape = forcible sex in which offender and the victim are acquitted
with one another

b. aggravated rape = rape involving multiple offenders, weapons and victim


injuries.

c. date rape = forcible sex during the courting relationship.

d. gang rape = forcible sex involving multiple attacker.

e. marital rape = forcible sex between people who are legally married to each
other.

f. serial rape =multiple rapes committed by one person over time.

g. statutory rape = sexual relations between an underage minor females and an adult
male.
II. Crime of killing

a. Homicide = the killing of human being by another.

b. Parricide = the act of killing one�s own father, mother, spouse, or child.

c. Infanticide = killing of an infant less than 3 days old.

d. Sororicide = killing one�s own sister.

e. Fracticide = killing of one�s own brother.

f. Matricide = killing of a mother by her own child.

g. Patricide = killing of a father by his own child.

h. Uxoricide = act of one who murders his wife.

i. Eldercide = the murder of a senior citizen.

j. Abortion (aborticide) = an act of destroying (killing) a fetus in the womb.

k. suicide = taking one�s own life voluntarily and intentionally.

l. Regicide = the killing or murder of a king

m. Vaticide = the killing of a prophet.

n. euthanasia = mercy killing or the act or practice of painless putting to death a


person�s suffering from incurable and distressing disease.

o. Involuntary manslaughter = a homicide that occurs as a result of acts that are


negligent and without regard for the harm they may cause others, such as driving
while under the influence of liquor or drugs. (also known as negligent
manslaughter).

p. Voluntary manslaughter = a homicide committed in the heat of passion or during a


sudden quarrel; although intent may be present, malice is not.

q. Mass murder = the killing of a large number of people in single incident by an


offender who is typically does not seek concealment or escape.

r. Murder = the unlawful killing of human being with malicious intent.

s. serial Murder = the killing of large number of people over time by offender who
seek to escape detection.

III. Crimes against Property

a.Acquaintance against robbery = robbery who focus their theft on people they know.

b. Arson = the intentional or negligent burning of a home, structure, or vehicle


for criminal purpose such as profit, revenge, fraud or crime concealment.

c. Arson for profit = people looking to collect insurance money, but who afraid or
unafraid to set the fire themselves, hire professional arsonist.

d. Arson fraud = a business owner burns his or her property, or hires someone to do
it, to escape financial problem.

e. Burglary = braking into and entering a home or structure for the purpose of
committing a felony.

f. Carjacking = theft of a car by force or threat of force.

g. Churning = a white collar crime in which a stockbroker makes repeated trades to


fraudulently increase his/her commission.

h. Commercial theft = business theft that is part of the criminal law; without such
laws the free enterprise system could not exists.

i. Grand larceny = theft of money or property of substantial values, punished as a


felony.

j. Larceny = taking for one�s own use the property of another, by means other than
force or threats on the victim or forcibly breaking into a person�s home or
workplace; theft.

k. Petit (petty) larceny = theft of a small amount of money or property, punished


as a misdemeanor.

l. Pilferage = theft by employees through stealth or deception.

m. Robbery = taking or attempting to take something of value by force or threat of


force and /or by putting the victim in fear.

n. Shoplifting = the taking of goods from retailed store.

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 already considered a criminal the moment he
committed a crime.

GENERAL CLASSIFICATION OF CRIMINALS

1) On the basis of etiology:

a) Acute criminals � persons who violated criminal law because at 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 acting arise from the intra-physic 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.

2) On the basis of behavioral system:

a) Ordinary criminals � the lowest form of criminal career; they engaged only
inconventional 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 business.
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.

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