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Sherwin A.

Cabutija
RCrim.

At the end of this lecture the students


would be able to:
1.Familiarize the definition of
criminology.
2.Identify the various field associated
in the study of criminology.
3.Describe the scope and major areas
in the study criminology.

In its broadest sense, Criminology is


defined as the (SSS) Study of knowledge
regarding crime and criminals as a Social
phenomenon, and the effort of Society to
prevent and repress them .
In its narrower, criminology is defined as
the(SSCC) Scientific Study of Crimes and
Criminals.

Answer. The first ever educational institution


offering the criminology course, is the
Philippine College of Criminology, at Sta.
Cruz, Manila, formerly known as Plaridel
College.

Study of law
Science of medicine, chemistry and
others
Religion
Education
Social work involving sociology and
psychology
Public administration

1. Study of the origin and development of criminal or penal


laws.
2. Study of the causes of crimes and development of
criminals.
3. Study of the different factors that enhances the
development of criminal behavior such as:
a. Criminal demography=study of relationship between
criminality and population.
b. Criminal epidemiology=study of the relationship between
environment and criminality.

c. Criminal ecology=study of the criminality in


relation to spatial distribution to the community.
d. Criminal physical anthropology=study of
criminality in relation to physical constitution of
men.
e. Criminal Psychology=study of human behavior
in relation to criminality.
f. Victimology=study of the role of the victim in the
commission of crime.

1. Dactyloscopy
2. Police Photography
3. Polygraph
4. Ballistics
5. Questioned Document Examination
6. Penology
7. Police Supervision and Administration
8. Investigation and Detection of Crimes
9. Industrial Security Management
10. Traffic Accident Investigation
11.others

Generally, Criminology cannot be considered a


science because it has not yet acquired universal
validity and acceptance. It is not stable and it
varies from one time, place to another. However,
considering that science is the systematic and
objective study of social phenomenon and other
bodies of knowledge, criminology is a science in
itself when applied to all enforcement and
prevention of crimes under the following nature:
1. It is applied science
2. It is social science
3. It is dynamic
4. It is nationalistic

1. An Applied Science Anthropology, psychology,


sociology and other natural science may be
applied in the study of the causes of crimes while
chemistry , medicine, physics , mathematics , etc,
may utilized in crime detection.
2. A Social Science In as much as a crime 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 a 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.

CRIMINAL OR PENAL LAW


DEFINED

At the end of this lecture the students would


be able to:
1.Familiarize the different terminologies.
2.Identify the characteristics of criminal law.
3.Describe the classification of criminals and
to appreciate the historical development of
criminology.

Criminal or penal law is (BWTP)


that Branch of public law Which
defines crimes, Treat of their nature,
and Provides for their punishment.

1. It is general in application
Must be applied to all person who resides or
sojourn in the Philippines.
2. It is territorial in character
Criminal law must punish crimes committed
within the Philippine territory.
Philippine
Archipelago,
Atmosphere,
Maritime Zone
3. It must be prospective
No person can be punished for his act which
at the time he did is not yet punishable
by law.

1. The Classical Theory by Cesare Beccaria


author on the Crime and Punishment.
a.
b.
c.
d.

The basis of criminal liability is human free will and the


purpose of the penalty is retribution.
That man is essentially a moral creature with an
absolute free will to choose between good and evil.
It has endeavored to established a mechanical and a
direct proportion between crime and penalty.
There is a scant regard for human life.

2. The Positive Theory / Positivist


Theory (by Cesare Lombroso the
Father of Criminology
a. That man is subdued occasionally by a
strange and morbid phenomenon which
constrains him to do wrong, in spite of
or contrary to his volition.

CRIME
FELONY
OFFENSE
MISDEMENOUR

1. Crime is an (AVCF) Act committed or


omitted in Violation of a public law
Commanding or Forbidding it.
2. Crime is also defined as an act that
violates the law of nature or public law.
3. Felonies
are
acts
and
omissions
punishable by the RPC. These are
committed not only by means of deceit
(dolo) but also by means of fault (culpa).

Elements of Felony
1.There must be an act or omission
2.The act or omission must be voluntary
3.It must be punishable by RPC
When was the effectivity of the RPC in the
Philippines?
a.January 1,1923
b.January 2,1932
c.December 30,1932
d. January 1,1932

CRIMINAL DEFINED
In the LEGAL sense, a criminal is
a person who has been found to have
committed a wrongful act in the
course of the standard judicial
processes. There must be a final
verdict of his guilt.

Q. What is the largest organized crime group in


ASIA?
a. Chinese Triad
b. YAKUZA
c. Mexican Cartel
d. Salisi Gang

THE EARLY BEGINNINGS


Demological Theory before the development of
more scientific theories of criminal behavior, one of the
most popular explanations was demology (Hagan,
1990).
According to this explanations individual where thought
to be possessed by good or evil spirits, which cause
good or evil behavior. The theory remains that criminal
behavior was believed to be the result of evils spirits
and demons something of natural force that control
his/her behavior.

THE PRE-TWENTIETH CENTURY


(18th C 1738 1798)
In
the
eighteenth
century,
criminological
literature,
whether
psychological
,
sociological,
or
psychiatric in bent, has traditionally
been divided into three broad schools of
thought about the causes of crime: the
classical,
neo-classical
and
the
positivist schools of criminology.

THE CLASSICAL THEORY


The Classical School of Criminology is a
broad label for a group of thinkers of crime
and punishment in the 18th and early 19th
centuries.
Its most prominent members,
Cesare Beccaria and Jeremy Bentham, share
the idea that criminal behavior could be
understood and controlled as an outcome of a
human nature share by all of us.

Major Principles of the Classical


School
Most
Classical
theories
of
crime
causation
make
certain
basic
assumptions. Among them are:
Human
beings
are
fundamentally
rational, and most human behavior is the
result of free will couple with rational
choice.
Pain and Pleasure are two central
determinants of human behavior.

Punishment, a necessary evil, is


sometimes required to deter law
violators and to serve as an example
to other who also violate the law.

Root principle of right and wrong are


inherent in the nature of things, and
cannot be denied.

Society exist to provide benefits to


individuals which they would not
receive in isolation.

When man and Woman band


together for the protection offered by
the society, they forfeit some of the
benefits which accrue from living in
isolation.

Certain key rights of individual are inherent


in the nature of things, and governments
which contravene those right should be
disbanded.
Crime disparages the quality of the band
that exists between individuals and
society, and is therefore an immoral form
of behavior.

The Reformation of Law the


classical school is considered in its
thoughts the reformation the system of
law. It was seen that its mechanism of
enforcement
and
the
forms
of
punishment used in the eighteenth
century
were
primitive
and
inconsistent.

Prominent
Members of
the
Classical
School

Cesare, Marquis De
Beccaria
(March
11,
1738) November 8,
1794)
was
an
Italian
philosopher and politician
best known for his treatise
On Crime and Punishments
(1764) , which condemned
torture
and
the
death
penalty and was a founding
work
in
the
field
of
criminology.

Jeremy Bentham is known as


the founder of
the Theory of
Utilitarianism. He was born in London
on 15 February 1748 and lived at
Queens Square Place in Westminster.
Benthams Utilitarianism - Benthams
ambition in life was to create a
Pannomion,
a
complete
Utilitarianism code of law. Bentham
not only proposed many legal and
social reforms, but also expounded the
underlying moral principle in which
they should be based.

THE NEO-CLASSICAL SCHOOL


The criticisms on classical school led to
the foundation to the neo-classical school of
criminology. Under the neo-classical doctrine,
there are situations or circumstances that
made it impossible to exercise freewill are
reason to exempt the accused from
conviction. The classicist maintained that
human are totally responsible for their
actions. The neoclassicist said not always.

They argue that freewill can be mitigated by


pathology, incompetence, mental disorder. The
Neoclassical school does not represent any break
with the classical view of human nature. It merely
challenges the classical position of absolute freewill.
Because of this, it led also to the preposition that
while the classical doctrine is correct in general, it
should be modified by certain details:
a.That children and lunatics should not be regarded
as criminals and free from punishment.
b.It must take
circumstances.

into

account

certain

mitigating

THE POSITIVIST OR ITALIAN


SCHOOL(1838 1909)
The positivist school was a
social movement that existed
during the mid 1800s and early
1900s. The part of it that was
positive
was
the
forward
looking attitude toward social and
personal
betterment(the
perfectibility of both society and
human nature), kind of like what
we mean when we used the
phrase positive law (using law to
change
society.
The
term
Positivism refers to the method of
analysis based in the collection of
observable scientific facts.

THE POSITIVIST TRIO


Cesare Lombroso (1836 1909)
an Italian university professor and
criminologist, born in Nov. 6, 1835, in
Verona,
who
became
worldwide
renowned for his studies and theories in
the field of character, or the relation
between
mental
and
physical
characteristics.

Lombroso was known to be the


Italian leader of the Positivist School of
Criminology, was criticized for his
methodology and his attention to the
biological characteristics of offenders,
but his emphasis on the need to study
offender scientifically earned him the
father of modern criminology

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 and
psychological disorders. They should be
exempted from criminal liability.

4.Criminaloid a person who commit


crime due to less physical stamina/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.

Enrico Ferri (1856


1929) was the best
known
Lombrosos
associate. Although
he
agreed with Lombroso on
the biological bases of
criminal
behavior,
his
interest in socialism led
him to recognize the
importance
of
social
economic, and political
determinants.

He was an Italian criminologist, socialist,


and student of Cesare Lombroso.
However, whereas Lombroso research
the physiological factors that motivated
criminals, Ferri investigated social and
economic factors. Ferri is an Author of
Criminal Sociology in 1884 and the
editor for Avanti, a socialist daily.

Raffaele Garofalo (1852 -1934)


another follower of Lombroso, an Italian
nobleman, magistrate senator, and
professor of law. Like Lombroso and
Ferri, he rejected the doctrine of free
will and supported the position that the
only way to understand crime was to
study it by scientific methods.

1.Murderers those who are satisfied from


vengeance/revenge
2.Violent Criminals those who commit
very serious crimes.
3.Deficient Criminals those who commit
crimes against property.
4.Lascivious Criminals those who
commit crimes against chastity.

EARLY TWENTIETH CENTURY


This became the rise of sociological
perspective on crimes and criminals. This
era was this hit of the blame to the social
and environmental circumstances. This
period also includes the theories which
promotes that peoples behavior bear
some relationship to their biological and
psychological constitution.

David Emile Durkheim (French, 1858 1917)


David Emile Durkheim, French Sociologist, Born in
Epinal France, at the Ecole Normale Superieure.
He was an advocated of the Anomie Theory a (theory
first coined by Robert K. Merton), the theory which
explains that the absence of norms in a society provide
a setting conductive to crime and other anti-social acts.
Durkheim use the term anomie to described the lack of
social regulation in modern societies as one manner
that could elevate higher suicide rates.

Sigmund Freud (1856


1969)
Sigmund
Freud,
born
Sigismund Schlomo Freud
(may 6, 1856 - September
23, 1939), was as Austrian
neurologist
and
psychiatrist who founded
the psychoanalytic school
of psychology. Freud is
best
known
for
his
theories
of
the
unconscious mind and the
defense mechanism of
repression.

According
to
Sigmund
Freud's
psychoanalytic theory of personality,
personality is composed of three elements.
These three elements of personality
known as the id, the ego and the superego
together to create a complex behavior.

The Id, is the only component of personality that is


present from birth. This aspect of personality is
entirely unconscious and includes of the instinctive
and primitive behavior.
The Ego, is the component of personality that is
responsible for dealing with reality. According to
Freud, the ego develops from the id and ensure that
the impulse of the id can be expressed in the
manner acceptable in the real world.
The Superego, the last component of personality to
develops the superego. The superego was the
aspect of personality that holds all of our
internalized morals standards and ideal that we
acquire from both parents and society our sense of
right and wrong.

Robert Ezra Park (1864 1944)


Robert Ezra Park was born on
February 14, 1864 in
Harveyville,
Pennsylvania. Soon after his birth his
family moved to Red Wing, Minnesota,
where the young Park grew up on the
Mississippi River as the son of a
prosperous businessman.

In
criminology,
the
Social
Disorganization Theory was one of the
most important theories develop by Chicago
School, related to ecological theories. Park
was a strong advocate of the
scientific
method in explaining criminality but he is a
sociologist. He advocated the Human
Ecology Theory. Human Ecology is the
study of interrelationship of people and their
environment.

Study of Kretschmer by Classifying the Types of


Physique and the Type of Crimes they are prone to
Commit:
Types of Physique
Crime Prone to Commit
1. Pyknic Type
Deception, fraud, violence
(short & with round body)
2. Athletic Type
(muscular and strong)

Violence

3. Asthenic Type
thievery, fraud
(skinny and slender)

petty

4. Dysplastic or mixed Type


decency,
morality
(those who are less evident
having any predominant type)

Study of William Sheldon (Varieties of Delinquent


Youth) Somatotype Theory.
Types of Physique
Endomorphic

Temperament
Viscerotonic

Relatively great development


of digestive viscera; tendency to
put on fats; soft round body;
short tapering limbs, small
bones; smooth velvety skin.

Generally
relaxation of
body; loves
luxury and
essentially
extrovert
person

Mesomorphic
Relatively predominance
of muscles, bone, and the
and behaves
motor organs of the body;
large wrist and hands.

Somotonic
Active, dynamic, walks,
moves assertively
aggressively.

Ectomorphic
Cerebrotonic
Relatively predominance
Introvert, full of
functional
of skin and its appendages allergies, skin
troubles, chronic
which includes the nervous
fatigue, insomnia,
sensitive to
system; lean; delicate body, noise, shrinks from
crowd.
fragile, small delicate bones,
dropping shoulders, small
face, sharp nose, fine hair,
relatively small body mass
and relatively great surface area.

Q. Who is the mother of criminal?


a. Ada Juke
b. Margaret
c. Margaret Juke
d. None of these

Study of Juke Family Tree (Dugdale and


Extabrook)
The Juke family consisted of 6 girls some
of whom were illegitimate. One of the six
sisters, Ada Juke was known as Margaret, the
mother of criminals. Dugdale traced the
1,200 descendants for 75 years from its origin
and found 280 as paupers, 140 criminals, 60
habitual thieves, 300 infants prematurely
born, 7 murderers, 50 prostitutes, 440
contaminated with sexual diseases, and 30
were prosecuted for bustard.

Study of Sir Jonathan Edward Family


Tree
Sir Jonathan Edwards was a famous
preacher during the colonial period.
When his family tree was traced,
none of the descendants was found
to be criminal. On the other hand,
many become presidents of the
United States, governor, members of
the Supreme Court, famous writer,
preacher and teacher.

C. Psychoanalytic and Psychiatric Theory


Factors
Various studies of human behavior and
mind in relation to the causes of
crimes:
Several
noted
criminologist
have
advanced the theories that criminal
behavior
is
developed
among
individuals
consonant
with
the
development of human mind, traits and
behavior. Among them are:

D. Sociological Causes of Crimes


1.Differentail Association Theory (DAT)by Edwin
Sutherland.
Considerd as one of the most influential
criminologist of the twentieth century.
He propose that through interaction with
others,
individual
learn
the
values,attitudes,technique,and
motives
for
criminal behavior.
Note: Sutherland was known as the father of
American Criminology.

2. Differential Identification Theory(DIT) by


Daniel Classer
States that a person pursues criminal
behavior to the extent that he identify
himself with real or imaginary person from
whose perspective his criminal behavior
seems acceptable.

Thank
you!!!

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