Overview of Criminology Concepts
Overview of Criminology Concepts
Reviewer
On criminology
Introduction To
Criminology
CRIMINOLOGY
- Criminology is a body of knowledge regarding crimes, criminals and the efforts of society
to preventand repress them.
- the scientific study of the causes of crime in relation to man and society who set and
define rulesand regulations for himself and others to govern.
Etymologically, the term criminology came from the Latin word “crimen” meaning crime and
Greek word “Logos” which means “to study”. In 1885, Rafael Garofalo, an Italian Law
Professor coined the term criminologia.In 1889, Paul Topinard, French Anthropologist, used
the term criminology in French criminologie for the first time.
Is criminology a science?
According to George Wilker, criminology cannot become a science because it has not yet
acquireduniversal validity. Edwin H. Sutherland, the Dean of Modern Criminology, hoped
that it will become a sciencein the future since the causes of crimes are almost the same
which may be biological, environmental orcombination of the two.
Nature of Criminology
1. It is applied science because criminology as a body of knowledge has already
established universally accepted principles and concepts and these are used by other field
of study. (INSTRUMENTATION)
2. It is a social science because it studies crime as a social phenomenon. Crime is a social
problem whichhas a great impact to society.
3. It is dynamic because the concepts of criminology and their applications adapt to the
changing time.
4. It is nationalistic because the study of criminology takes into consideration the history, the
culture andthe social norms and the laws of the country. Each country has its own set of
laws and crimes aredefined by the laws of the country.
criminal demography – the study of the relationship between criminality and population.
criminal epidiomology – the study of the relationship between environment and criminality.
criminal ecology – the study of criminality in relation to the spatial distribution in a
community.
criminal physical anthropology – the study of criminality in relation to physical constitution of
men.
criminal psychology – the study of human behavior in relation to criminality.
criminal psychiatry – the study of human mind in relation to criminality.
victimology – the study of the role of the victim in the commission of a crime.
CRIME
- refers to an act committed or omitted in violation of public law (Phil. Law Dictionary).
- It also refers to an act committed or omitted in violation of a public law forbidding or
commanding it.
CLASSIFICATION OF CRIMES
LEGAL CLASSIFICATIONS:
4. According to plurality:
a. Simple Crime – is a single act constituting only one offense.
b. Complex Crime – single act constituting two or more grave felonies or an is a
necessarymeans for committing the other.
5. According to gravity:
a. Grave felonies - are those to which the law attaches the capital punishment or penalties
which inany of their period are afflictive.
b. Less grave felonies - are those which the law punishes with penalties which in their
maximum period are correctional.
c. Light felonies - are infraction of laws for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both is provided.
3. According to the length of time of the commission:a. Instant crimes – are those crimes
that can be committed in a very short time. Example: theftb. Episoidal crimes – are crimes
committed through series of acts or episodes and in much longertime. Example: serious
illegal detention
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.
CLASSIFICATIONS OF CRIMINALS
1. According to etiology
a. Acute criminal – is a person who committed crime as a result of reacting to a situation or
during amoment of anger or burst of feeling.
b. Chronic criminal – is one who committed a crime with intent or deliberated thinking.
1. Neurotic criminal – is one who has mental disorder.2. Normal criminal – a person who
commits crimes because he looks up to, idolizes peoplewho are criminals.
CRIMINAL LAW
– is that branch of public law that defines crimes, treats of their nature, and provides for
their punishment.
1. Generality – the law is applicable to all persons within the territory irrespective of sex,
race, nationality, or civil status except:
a. Head of state
b. Foreign diplomats, ambassadors, who are duly accredited to our country
c. Foreign troops permitted to march within the territory
2. Territoriality - the RPC is applicable to felonies committed within the Philippine territorial
jurisdiction.
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 twelve (12) Nautical Mile limit beyond our shore measured at low
tide.
3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet punishable
at the time the felony was committed. However, it may have a retroactive effect if it is
favorable to the accused who is not a habitual delinquent.
4. It is specific and definite. Criminal law must give a strict definition of a specific act that
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.
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 for a prohibited act, its enforcement will
almost be impossible. The penalty acts 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.
School of Thought – refers to a group of beliefs or ideas that support a specific theory.
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. The founders of the classical
school of criminology are Cesare Beccaria and Jeremy Bentham.
Utilitarianism – is a philosophy that argues that what is right is the one that would cause the
greatest good for the greatest number of people.
- others refer to it as the greatest happiness principle or the principle of utility.
- from this principle, Bentham formulated the “felicific calculus”.
3. NEOCLASSICAL CRIMINOLOGY
This theory modified the doctrine of free will by stating that the 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.
August Comte
- was a French philosopher and sociologist and is believed to be the one who reinvented
the French term sociologie.
- he was recognized as the “Father of Sociology and Positivism”.
Cesare Lombroso
- recognized as the “Father of Modern and Empirical Criminology” due to his application of
modern scientific methods to trace criminal behavior, however, most of his ideas are now
discredited
- known for the concept of atavistic stigmata (the physical features of creatures at an earlier
stage of development).
- he claimed that criminals are distinguishable from non-criminals due to the presence of
atavistic stigmata and crimes committed by those who are born with certain recognizable
heredity 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 aquiline or beaklike in
murderers, fleshy lips, swollen and protruding, and pouches in the cheek like those of
animal’s toes
- Lombroso’s work supported the idea that the criminal was a biologically and physically
inferior person
Enricco Ferri
- he focused his study on the influences of psychological factors and sociological factors
such as economics, on crimes.
- He believed that criminals could not be held morally responsible because they did not
choose to commit crimes, but rather were driven to commit crimes by conditions in their
lives.
Raffaelle Garofallo
- He treated the roots of the criminals’ behavior not to physical features but to their
psychological equivalent, which he referred to as moral anomalies.
- He rejected the doctrine of free will.
- Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious
Criminal.
Abrahamsen - In his Crime and Human Mind, 1945, explained the causes of crime by his
formula "Criminal Behavior equals criminalistic tendencies plus crime inducing situation
divided by the persons
mental or emotional resistance to temptation.
Amnesia - a partial or total loss of memory. Origin late 18th century: from Greek amnēsia
‘forgetfulness.’
Atavistic Anomaly - Physical characteristics that distinguish born criminals from the
general population and are throwbacks to animals or primitive people.
Monophobia - is an acute fear of being alone and having to cope without a specific person,
or perhaps any person, in close proximity.
Biometrics - is a technique for the identification of people that uses body characteristics
or behavioral traits and is increasingly being used instead of or in conjunction with other
forms of identification based on something you have (e.g. ID card) or something you know
(e.g. password or PIN).
Born criminal - is a term which is according to Lombroso, a person born with features
resembling an earlier, more primitive form of human life, destined to become a criminal.
Born criminals are described as individuals who are born with a genetic predilection toward
criminality.
Bromberg - (Crime and Mind 1948) criminality is the result of emotional immaturity. A
person is emotionally mature when he has learned to control his emotion effectively and live
at peace
with himself and in harmony with the standard of conduct which are acceptable to society.
An emotionally immature person rebels against rules and regulations tends to engage in
unusual activities, and experiences a feeling of guilt due to an inferiority complex.
Charles Darwin - wrote Origin of Species in 1859, kicked off the scientific revolution,
father of evolution.
Charles Goring - author of the influential work The English Convict: A Statistical Study.
The English Convict: A Statistical Study - It was first published in 1913 and set out to
establish whether there were any significant physical or mental abnormalities among the
criminal classes that set them apart from ordinary men, as suggested by Cesare Lombroso.
He ultimately concluded that "the physical and mental constitution of both criminal and law-
abiding persons, of the same age, stature, class, and intelligence, are identical. There is no
such thing as
an anthropological criminal type."
Chicago School - Group of urban sociologists who studied the relationship between
environmental conditions and crime.
Classical School - based on free will; able to make decisions in a logical way; assumes
people are hedonistic.
Conflict Of Culture Theory - by Thorstein Sellin. It was emphasized in this theory that
the multiplicity of conflicting cultures is the principal source of social disorganization. The
high crime and
delinquency rates of certain ethnic or racial groups is explained by their exposure to diverse
and incongruent standards and codes of a larger society.
Craniology - the scientific study of the shape and size of the skulls of different human
races. Another term for Phrenology.
Criminaloid - (from the word "criminal" and suffix -oid, meaning criminal-like) is a person
who projects a respectable, upright facade, in an attempt to conceal a criminal personality.
This type, first
defined by Cesare Lombroso in the later editions of his 1876 work "The Criminal Man".
Criminal Personality -
1. The roots of criminality lie in the way in which people think and make decisions;
2. Criminals think and act differently from others, even at a very young age;
3. Criminals are
irresponsible,
4. Deterministic explanations of crime result from
believing the criminal who is seeking sympathy.
Cyril Burt - gave the theory of general emotionality. An excess of the submissive instinct
accounts for the tendency of many criminals to be weak-willed or easily led. Fear and
absconding may be due to the
impulse of fear.
Delusion - a belief that is not true: a false idea. : a false idea or belief that is caused by
mental illness.
Dementia praecox (a "premature dementia" or "precocious madness") refers to a
chronic, deteriorating psychotic disorder characterized by rapid cognitive disintegration,
usually beginning in the late teens or early adulthood. It is a term first used in 1891 in this
Latin form by Arnold Pick (1851–1924), a professor of psychiatry at the German branch of
Charles University in Prague.
Determinism - the belief that individual behavior is beyond the control of the individual;
opposite of free will.
This theory focuses on the development of high-crime areas associated with the
disintegration of conventional values caused by rapid industrialization, increased
immigration, and urbanization.
E. O. Wilson - put forth a theory that differed from earlier theories, and believed that
biological factors affect the perception and learning of social behaviors.
Frustration - the feeling of being upset or annoyed, especially because of the inability to
change or achieve something.
Gabriel Tarde - He introduced the Theory of imitation where he explained that this
theory governs the process by which people become criminals.
General Deterrence - involves the effects of legal punishment on those persons who
have not suffered.
Specific Deterrence - involves the effects of legal punishment on those who have
suffered it.
Healy - (individual delinquency) crime is the expression of the mental content of the
individual. The frustration of the individual causes emotional discomfort, personality
demands the removal of pain, and the pain is eliminated by substitute behavior, which is the
start of the crime delinquency of an individual.
Henry Maudsley - mental illness and criminal behavior went hand in hand, crime prone
traits were inherited.
Hypoglycemia - condition which the glucose in the blood falls below levels necessary
for normal and efficient brain functioning and is associated with criminal behavior.
Incapacitation - when they are locked up behind bars, they can't commit any
more crimes.
Italian School Of Criminology - Founded at the end of the 19th century by Cesare
Lombroso and 2 of his disciples, Enrico Ferri and Rafael Garofalo.
Enrico Ferri - an Italian criminologist, and student of Lombroso, His work served as the
basis for Argentina’s penal code of 1921. His research led to him postulating theories calling
for crime prevention methods to be the mainstay of law enforcement, as opposed to
punishment of criminals after their crimes had taken place.
Raffaele Garofalo - often regarded as the father of Criminology. He is a student of Cesare
Lombroso. An Italian law professor who coined the term Criminologia in 1885.
Jukes Family - family of criminals. Descendants are criminally minded and committed
crimes.
Jonathan Edwards Family - the opposite of Jukes Family, descendants are good
people and attained prominence in various fields.
Kallikak Family - A Study in the Heredity of Feeble-Mindedness was a 1912 book by the
American psychologist and eugenicist Henry H. Goddard. The work was an extended case
study of Goddard's for the inheritance of "feeble-mindedness," a general category referring
to a variety of mental disabilities including mental retardation, learning disabilities, and
mental illness. Goddard concluded that a variety of mental traits were hereditary and that
society should limit reproduction by people possessing these traits.
Kleptomania - a recurrent urge to steal, typically without regard for need or profit.
Lawrence Kohlberg - pathological jealousy, quick anger reactions, and the bearing of
grudges.
Limbic System - a set of areas in the human brain that integrate a wide variety of
messages from the senses and control goal-oriented responses to environmental and
internal stimuli.
Mens Rea - The state of mind indicating culpability which is required by statute as an
element of a crime.(Latin) guilty mind.
Miller Lower-Class Culture Conflict Theory - Citizens who obey the street rules
of lower-class life find themselves in conflict with the dominant culture.
Moral/Intellectual Stages - deals with how adults morally represent a reason about
the world that they live in.
Morphology - deals with the form and structure of an organism or any of its parts;
measuring different parts of the human head; there is a meaningful relationship between
certain types of physical features
and personality.
Neo-Classical Perspective - stressed that the legal system should focus exclusively
on doing justice; and responding to the crime; the criminal made the rational decision.
Neurosis - a condition characterized by anxiety, impulses may break through and take
control.
Paranoia - pathological jealousy, quick anger reactions, and the bearing of grudges.
Penal Couple - is defined as the relationship between perpetrator and victim of a crime.
That is, both are involved in the event.
Phrenology - study of the shape of the skull and bumps of facial features. The study of
facial features.
Positivism - the belief that the classical school of thought is wrong in explaining what
causes crime because they failed to explain adequately the why portion.
Cesare Lombroso - father of positivism; a medical doctor who wanted to see whether
criminals were physically different, believed in atavistic anomaly.
Psychiatry - the study and treatment of mental illness, emotional disturbance, and
abnormal behavior.
Psychoanalytic - the analysis of human behavior. First laid out by Sigmund Freud in the
19th century.
This theory blames delinquent behavior to a conscience that is either too overbearing that it
arouses feelings of guilt or so weak that it cannot control the person's impulse and the need
for immediate gratification.
Psychosis - a severe form of mental disturbance, behavior impairs or gets in the way of
everyday focus, It takes control.
Recidivism - elapses into criminal behavior; where you return back into the criminal
system.
Fetishism - is sexual attraction to objects, situations, or body parts not traditionally viewed
as sexual.
Sadism - the tendency to derive pleasure, especially sexual gratification, from inflicting
pain, suffering, or humiliation on others.
Transvestism (also called transvestitism) - is the practice of dressing and acting in a style
or manner traditionally associated with another gender.
Masochism - the tendency to derive pleasure, especially sexual gratification, from one's
own pain or humiliation.
Voyeurism - Watching others while naked or having sex, generally without their
knowledge; also known as scopophilia or scoptophilia.
Zoophilia - is a paraphilia involving cross-species sexual activity between human and non-
human animals or a fixation on such practice.
Sigmund Freud - Austrian psychiatrist; his approach: crime is but one form of deviance.
ID - contains the inner world of the individual's inborn instincts and reflexes.
Ego - represents the real world of the individual's conscious reason and common sense.
Superego - the inner world of the individual's ideal expectations and conscience; the
conceptions of what the individual considers to be morally good.
Social Bond Theory - relation between social factors and individual activities;
individuals become free to commit crimes when their ties to society are broken.
Travis Hirschi's factors of attachment, commitment, involvement and belief which insulate a
person from crime.
Type of Physique
Ectomorph - a person with a lean and delicate body build. Are tall and thin and less social
and more intellectual.
Mesomorph - a person with a compact and muscular body build. Have well-developed
muscles and an athletic appearance. They are active, aggressive, sometimes violent, and
more likely to become criminals.
Endomorph - a person with a soft round body build and a high proportion of fat tissue.
Have heavy builds and are slow-moving. They are known for lethargic behavior rendering
them unlikely to commit violent crimes and more willing to engage in less strenuous criminal
activities such as fencing stolen property.
Utilitarianism - the belief that legal punishments serve two vital functions:
1. deterring persons from committing the crimes and
2. protecting society from those whole acts that threaten the social order; the greatest good
for the greatest number.
William Sheldon - an American psychologist who created the field of somatotype and
constitutional psychology that tried to correlate body types with behavior, intelligence, and
social hierarchy through his Ivy League nude posture photos.