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COURSE SYLLABUS -
CRIM 101 – INTRODUCTION TO CRIMINOLOGY (OBE-CMO 5, S2018)
MIDTERM COVERAGE – WEEK 4

CHAPTER 4

CRIME, LAW, AND CRIMINAL BEHAVIOR

UNDERSTANDING CRIME AND DEVIANCE

DEFINITIONS:

1. CRIME - is defined as any acts committed in violation of a public law forbidding or condemning it. Also defined as
an act that violates the laws of the nation.

2. CRIME - is an intentional act or omission in violation of the criminal law, committed without defense or justification,
sanctioned by law as a felony or misdemeanor. (Legal Definition from RPC of the Phil.)

3. FELONIES - are Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of skill. (Art. 3 of RPC)

REQUIREMENTS OF A CRIMINAL ACT

Any criminal acts that to be of must be satisfied by prosecution to obtain conviction, it must consist of the ff.:

1. Actus Reus (Criminal Act) – one of the (3) conditions the prosecution must satisfy before convicting and punishing
someone of a crime, actus reus with the criminal act itself, in order for an act to be considered a crime, each and
every element of the crime, as defined by statute, must be presenting the offender’s action or conduct.

2. Mens Rea (Criminal Intent) – one of the (3) conditions of the criminal act requirements. The offender must
demonstrate a criminal state of mind, recklessness, of negligence with the commission of a criminal act.

3. Causation (Injury) – The offender’s actions produced results that are defined as criminal (e. g. when a homicide
results from the offender having staved the victim in the heart, the offender’s actions were directly related to the
victim’s death). Part of the criminal act requirements.

LEGAL CLASSIFICATION OF CRIMES OR FELONIES

1. As to the manner crimes are committed.

a. By means of dolo or deceit – when the act was done by deliberate intent.

b. By means of culpa or fault – when the wrongful act results from imprudence,
negligence, lack of foresight or lack of skill.

2. As to the stages in the commission of crime.

a. Attempted Crimes – when the offender commences the commission of a felony directly by overt acts and
does not perform all the acts of execution that could produce the felony by reason of some causes of
accident other than his own spontaneous resistance.

b. Frustrated Crimes – when the offender performed all the acts of execution that will produce the felony, as a
consequence but which, nevertheless, do not produce the felony by reason of causes independent to the
will of the perpetrator.

c. Consummated Crimes – when all the elements necessary for its execution and accomplishment are all
present.
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3. As to the plurality of crimes.

a. Simple Crimes – when a single act constitute only one offense.

b. Complex Crime – when a single act constitute two of more grave felonies of when an offender is a necessary
means for committing the other.

4. As to the Basis of Criminal Act and Statistical Purposes.

1. Crimes against person, such as murder and homicide.

2. Crimes against property, such as robbery and theft.
3. Crimes against chastity, such as rape and seduction.
4. Crimes against Personal liberty and security, such as revelation of secrets.
5. Crimes against the National Security, such as Treason and espionage.
6. Crimes against the Fundamental Law of the State, such as Arbitrary Detention.
7. Crimes against the Public Order, such as Rebellion and Sedition.
8. Crimes against Public Interest, such as Forgery and Perjury.
9. Crimes against Public Morals, such as Gambling and Betting.
10. Crimes against Honor, such as Libel.
11. Crimes against Civil Status of Person, such as Usurpation of Civil Status.
12. Crimes Committed by Public Officer, such as Malfeasance and Infidelity

* For additional example of crimes see: the R. P. C. of the Phil.

5. As to its nature/atrocity and gravity of penalty.

a. Mala-in-se (Felonies) – acts which are bad in themselves, forbidden behavior, wide scale of consensus in the
mores of prohibition. Acts that is inherently bad or evil in itself. Acts that result on lass of life of property and
merit punishment for the offender. Refers to more serious crimes in which the penalty is death of a year or more
imprisonment by the state. eg. Murder, Rape, Robbery, etc.

Felonies are classified into (3) types according to the RPC.

1. Grave Felonies – those which the law punishes with penalties which are capital or afflictive punishment.

2. Less Grave Felonies – those that the law punishes with penalties which are correctional in nature.

3. Light Felonies – those infractions of law for the commission of which the penalty of arresto mayor of a fine
not exceeding P200 pesos are imposed.

b. Mala-Prohibita (Misdemeanors). Acts which are not inherently bad but are prohibited by law. It refers to those
that are “bad” because it is prohibited, such as acts are not inherently bad in nature, a less serious offenses,
subject to a small fine of imprisonment in a local jail. eg. Traffic violations, gambling, prostitution, vagrancy,
various City/Mun. Ordinances.

c. Summary Offenses. Are relatively “minor in nature”, generally subject to a small fine only, and which no
criminal record is entailed.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. As to their motives of commission.

a. Economic Crimes – those crimes that has economic objectives.

b. Sexual Crimes – those crimes that has sexual objectives and desire.

c. Political Crimes – those crimes which has an anti-political objectives.

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d. Miscellaneous Crimes – those crimes that has personal objectives on the part of the offender. (such as:
vengeance, revenge, jealousy and hatred, and the likes).
2. As to the result of crimes.

a. Accusative Crime – when the offender acquire something as a consequence of his criminal act.

b. Extinctive Crime – when the result of a criminal act is destructive.

3. As to the time of period committed.

a. Seasonal Crimes – those committed only during a certain period of the year like evasion of the tax law.

b. Situational Crimes – those committed only when given the situation conducive to its commission.

4. As to the length of time committed.

a. Instant Crimes – those committed in the shortest possible time.

b. Episodial Crimes - those committed by a series of act in a lengthy space of time.

5. As to the place of location of the commission.

a. Static Crimes – those committed on only one place.

b. Continuing Crimes – those that can be committed in several places

6. As to the use of mental faculties.

a. Rational Crimes –those committed with intention and the offender is in full
possession of his sanity.

b. Irrational Crimes – those committed by persons who do not know the mature
and quality of his act on account of the disease of the mind.

7. As to the type of offenders.

a. White Collar Crimes – those committed by person of respectability and of upper social-economic class in
the course of their occupational activities.

b. Blue Collar Crimes – those committed by ordinary and professional criminals to maintain their livelihood.

8. As to the standard of living of the criminals.

a. Crimes of the Upper-world – eg. Falsification cases

b. Crimes of the Under-world – eg, Bag snatching

GENERAL TYPOLOGY OF CRIMES

1. Occupational and Organized- Corporate Crimes

2. Organized Syndicated Crimes
3. Political Crimes
4. Professional Crimes
5. Property Crimes
6. Public Order Crimes
7. Violent Crimes
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1. OCCUPATIONAL and ORGANIZED/CORPORATE CRIMES - It refers to the illegal acts committed in the course of
one’s legitimate profession, and of an organizations of corporations of continued involvement in specialize forms of
conventional crimes.

Categories:

1. White – Collar Crimes

2. Occupational Crimes
3. Organized/ Corporate Crimes

Three (3) Forms of Organized/Corporate Crimes

1. Crimes by organization/Corporations against Individual or Public.

2. Crimes by organization against Employees.
3. Crimes by organization (Corporations) against Organization (Corporation)

2. VIOLENT CRIMES - It refers to any criminal act which results in the threat of actual physical harm of the victims.

1. Murder
2. Homicide and Assault
3. Rape
4. Robbery
5. Domestic Violence
6. Drunk Driving Or Reckless Driving

3. PROPERTY CRIMES - Such crimes against properties, destruction or loss.

Two (2) General Typology

1. Occasional Property Crimes

2. Conventional Property Crimes

ARSON (A special category offense) – any willful or malicious burning or attempt to burn, with or w/o intent to defraud, a
dwelling house, public building, motor vehicle or aircraft, personal property or another, etc.

4. PUBLIC ORDER CRIMES - It sometimes referred to as “crimes w/o victims” or “legitimate morality”, refers a number of
activities that are illegal due to the fact that they offend the public morality. Other offenses includes as mala-prohibata.

Typologies:

1. Prostitution
2. Homosexuality
3. Drug Abuse
4. Alcoholism / Drunkenness

5. POLITICAL CRIMES - refers to the criminal activity which is committed for ideological purposes, rather than being
(emotionally) motivated by private greed or benefit, such offenders sincerely believe by are following a higher conscience,
such crime may take one or two forms.

Two Forms of Political Crimes:

1. Crimes by Government
2. Crimes Against Government

6. ORGANIZED (SYNDICATED) CRIME - Includes any group of individuals whose primary activities involves violation of
criminal laws, to seek illegal profits and power by engaging in racketeering activities and, when appropriate, engaging in
intricate financial manipulations.
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Types of Organized Crime

1. Political-Social Organized Crime

2. Mercenary (Predatory) Organized Crime)
3. In-Group Organized Crime
4. Syndicated Crime (A Synonym Of Organized Crime)

Types of Organized Crime (Criminological Typology)

1. Traditional Crimes
2. Non-Traditional Syndicates
3. Semi-Organized Crime
4. Local, Politically Controlled Organized Crime
5. Nationally, Politically Controlled Organized

7. PROFESSIONAL CRIMES - Are those crimes who are a sole means of livelihood, careful planning, reliance upon
technical skills and methods, and a migratory lifestyle. They have a shared sense or belonging, rules, codes of behavior,
and mutual specialized languages.

WHEN DOES CRIME EXIST?

In the legal viewpoint, crimes exist when the court has proved the person guilty. The main objective to this view is that
there is a terrific morality of cases between the times a crime has been reported up to the time a verdict of conviction is
made by the court.

In scientific viewpoint, crimes exist when it is reported. This is more realistic but not all reported cases are with sound
basis of true happening. Some of them are also unfounded.

SOME DISTINCTIONS

Between Crime and Sin:

1. Crime is an act or omission against the penal law of a state while sin is an act or omission against the spiritual or
divine law.

2. Upon conviction for a criminal act, the penalty is imposed during the lifetime of the person, while the penalty for
sinful act is imposed in the life thereafter.
Between Crime and Immorality:

1. Crime is committed against the law of the state while immorality is committed against the unwritten social norms
of a locality.
2. Crime is fixed by a statute, while immorality is not.
3. Crime is nationalistic while immorality is regionalistic.

DEVIANCE AND DEVIANT BEHAVIOR

It refers to the activities which fall outside beyond the range of normal societal toleration. One sociologist questioned a
cross section of the public and asked them to the list “types people they were deviants”.

It includes: homosexuals, prostitutes, drug addicts, radicals and criminals.

But it also includes: liars, career woman, democrats, reckless driver, atheist, Christians, suburbanist, the retired, young
folks, card players, bearded men, perverts, pacifist, prudes, hippies, straights, executives, divorces, priest, motorcycle
gangs, smart-alec studes, know-it-all professors and modern people.(Simmons, 1969)
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CRIMINAL BEHAVIOR

THE PSYCHOLOGY OF CRIME

Criminal psychology, also referred to as criminological psychology, is the study of the views, thoughts, intentions, actions
and so reactions of criminals and all that partakes in the criminal behavior.

THE DECISION TO COMMIT A CRIME

Adapted from D. Cornish and R. Clarke (eds.) 1986. The Reasoning Criminal. New York: Springer-Verlag.

The above figure illustrates the variety of rational decisions that a criminal would make in the decision to commit a crime.
Clarke & Cornish, who originally authored this rational choice model, tried to understand the questions that a burglar
might ask: Which house offers the best target? Do the neighbors watch out for one another? How hard will it be to gain
entrance? What sorts of goods are inside the house?

According to this model, free will is assumed, but there are certain background and situational factors that might
predispose someone toward crime.

Background factors would include psychological characteristics, like how intelligent the person is; social factors like
family background; and demographic factors, like what kind of neighborhood the criminal comes from.

Situational factors would include persuasion by friends, arguments with spouse, or whether the person has consumed
alcohol or drugs, along with a whole host of other possible situational, or urge-inducing, factors.

Motive is listed as need for money or status, but in this classical view of crime, there is really no need to think about
motive. All that is required are some generalized needs: the desire to get ahead, to show off, excitement, etc.

Previous learning and experience refers to direct or vicarious experience with crime. The offender would be comparing
the target to others he has been successful with in the past, or if he is new at it, he would be comparing the target with
what others have been successful with in the past. This factor also refers to the criminal's self-perception of his/her own
skills, ability to elude law enforcement, and get rid of the stuff afterwards.

Blocked opportunities is a concept from strain theory and would probably not be used by a rational choice theorist, but it
is the criminal's assessment of what legitimate avenues are available for satisfying needs. The decision to be made is
whether the same amount of money, for example, can be made by work, gambling, borrowing, or avenues other than
crime. The amount of effort required fits into this as the amount of time spent considering and evaluating whether the
rewards (and costs) of crime outweigh alternative avenues for satisfying the same needs.
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Readiness to commit crime is best understood as the offender "psyching" up. Again, strain theory offers a good
perspective on this as withdrawal of legitimacy or belief in an unjust world, but "neutralization" captures the essence of the
idea. The offender engages in self-talk, maximizing the belief that he deserves to rob the house ("That house and
everything in it is mine"), and minimizing the belief that others deserve to have stuff ("Those people don't deserve to have
all those things").

The rational choice model of crime represents one of the most elegant and sophisticated contributions to
criminology. It is capable of incorporating concepts from deterministic theories, and should be interpreted as implying
"limited" or "bounded" rationality rather than the "pure" rationality implicit in simpler free will models.

FORMULA OF CRIMINAL BEHAVIOR

(Abrahamsen / Prof. John Gillen “Bio-Psycho-Social Phenomenon”)

In explaining the birth of delinquent or criminal act, we must consider (3) factors:

1. Criminal Tendency (T)

2. the Total Situation (S), and
3. the Person’s Mental & Emotional Resistance to Temptation (R)

It can be said therefore: that a Criminal Act is the sum of a person’s criminalistics tendencies plus his total situation
divided by the amount of his resistance.

T+S
This law can be put into a formula: C= R = CRIME
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COURSE SYLLABUS -
CRIM 101 – INTRODUCTION TO CRIMINOLOGY (OBE-CMO 5, S2018)
MIDTERM COVERAGE – WEEK 5

CHAPTER 5

FUNDAMENTAL STUDY OF CRIMINAL LAW

THE SOCIOLOGY OF LAW

Is the study of the development of the law, It is an attempt at scientific analysis of the conditions under which criminal
laws developed, as a consequence of the behavior of mankind, for the good and welfare of the state, and of maintenance
of the peace and order and tranquility of among citizens and any persons sojourning therein.

DEFINITIONS OF LAW

LAW – is a rule of conduct, recognized by customs of decreed by formal enactment and considered by a community,
nation of other authoritatively constituted groups or
a binding upon its members.

Law explicit rules of conduct, created and enforced by a sovereign state, with planned used of sanctions to support the
rules and designated officials to interpret and enforce those rules.

VALUES – are practices of beliefs that are prized in society and that are protected by
norms, which are rules of prescribed modes of conduct.

American Sociologist W.E. Summer, in this classic works “Folkways” 1906 identified (3) types of norms:

1. FOLKWAYS – are less serious customs of traditions. (simple social rules)

(eq. manners, etiquette, dress-patterns, and the likes)

2. MORES – are serious norms which contains moral evaluations as well as penal sanctions. (stronger set of
rules)
(eq, lying, cheating, stealing, killing are most certainly covered by the mores.

3. LAWS – refers to a codified rules of behavior, represent formal methods of attempting to assure social control.
(codified forms of written rules)

Law represents an institutionalized of “crystallization” of the mores.

Both Folkways and Mores – are example of informal modes of control.

SOCIAL CHANGE AND LAW

Western societies have undergone a long-term evolutionary development from sacred of Gemeinshaft – type societies to
secular of Gesselshaft – type societies (Becker, 1950 / Tonnies, 1951).

1. Gemeinshaft Societies – are simple, communal, relatively homogeneous societies that lack extensive division of
labor and are also characterized by normative consensus. Social control is asserted by the family, extensive
kinship groups, and the community through informal modes of control, the folkways and mores. Such societies
lack and do not used formally codified laws since sacred tradition, the lack of change, and cultural similarities and
isolation assure a degree of understanding and control.

2. Gesellshaft Societies – are complex, associational, more individualistic and heterogeneous (pluralistic), and are
characterized by secularity, an extensive division of labor, and in free societies by a variety of moral views and
political pressure groups. The assurance of social control is attempted by means of formal controls, codified laws
administered by bureaucratic agencies of the state. These complex societies must rely more and more upon
formal controls of Laws. As the mores of informal modes of control become weaker, the used for laws becomes
greater. For example: as the family as an agent of social control becomes weaker, much of its responsibility is
passed on the government of state.
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TYPES OF LAWS

1. Natural Law (Jus Naturale) – Laws believed that comes from the higher source and exists whatever enactment of men.

2. Positive Law (Jus Positum) – Laws created by the appropriate authority in a sovereign state.

CLASSIFICATIONS OF LAW

1. Statute Law – an act of the legislative branch of the government, which, declares commands and prohibit something.
Laws passed by legislatures. Statutory definitions of criminal offenses are embodied in penal codes.

2. Case Law – law that emanates from the decisions of a particular case but has impact beyond the facts of the particular
one.

Common Law – an Anglo-American System of unmodified law, in which judges follow precedents sets by earlier decision
when they decide new but similar cases. The substantive and procedural criminal law was originally developed in this
manner but was later codified by legislature.

3. Substantive Law – the law that outlines duties, rights and obligations.

4. Procedural Law – the law of part of the law which defines the way in which rights are to be enforced legal redness to
be obtain and law violates are to be prosecuted. (Eq. Laws which specify procedures in apprehending, lying, searches
and convictions, etc.)

Substantive-Criminal Law – laws defining the behavior that are subject to punishment, and the sanctions for such
offenses. (G.F. Cole, ACJ)

CRIMINAL LAW – a branch or division of law that define crimes, traits of their nature and provide for their punishment of
repression. (Phil. RPC)

Note: The REVISED PENAL CODE is the book that contains the Philippine criminal law and likewise, it is embodied in
different special law and decrees which are penal in nature.

Principal Parts of RPC

1. Art. 1 to 20 – Principles Affecting Criminal Liability

2. Art. 21 to 113 – Provisions on Penalties including criminal and civil liability.
3. Art. 114 to 367 – Felonies defined under the different titles.

January 4, 1932 – is the effectivity of the Revised Penal Code of the Philippines.

TWO (2) IMPORTANT MODELS REGARDING THE ORIGIN OF CRIMINAL LAW

1. The Consensus Model –The origin of Criminals Law invasions it as arising from agreements among the members of
society as to what constitutes wrong doing. Reflecting the “Social Contract Theory” of Locke, Hobbes and Rousseau,
criminal law is viewed as in our previous discussion of Summer’s, “as a crystallization of the Mores”, reflection social
values which are commonly held within the society. (Law as an Expression of Values).

2. The Conflict Model – On the other hand, sees that criminal laws originating in the conflict of interest of different
groups. The definition of crime is assured to reflect the wishes of the most powerful interest groups who gain assistance
of the state on opposing rival groups. (Law as an Expression of Power).

“Therefore, the consensual model views that criminal law as a mechanism of social control, while the conflict approach
sees the law as a means of preserving the status quo on behalf of the powerful”.
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Some Theories as to the Origin of Criminal Law

1. Criminal law originated form torts or wrings of individuals who produced efforts of self-redress. But later on, the
group took charged of the transaction. The wrong came to be regarded as injuries to the group of state.

2. Criminal law originated from the National Process of a unified society when wrongs occurred, the society took
actions by making a regulation to prevent the repetition of such wrongs.

3. Criminal law originated form the crystallization of the mores and customs, after persisting for a time achieved as
ethical foundations making certain acts as crime.

4. Criminal law originated from the conflict of interests of different groups in the society, when interest groups secure
the enactment of a law, it secures the assistance of the state in a conflict with a rival interest group which thus
becomes criminal.

Crime and Criminal Law

A purist view of crime would be to define it was a violation of criminal law. no matter how morally outrageous or
unacceptable an act, it is not a crime unless defined as such by criminal law.(Conventional Definition of Crime and
criminal law, Fox,1976)

TWO (2) IMPORTANT THEORIES OF CRIMINAL LAW

1. The CLASSICAL THEORY – the following are the characteristics:

a. The basis of criminal liability is human free-will and the purpose of the penalty is retribution.
b. That man is essentially a moral creature with an absolute free-will to choose between good and evil, thereby
placing more stress upon the effect of result of the felonies act than upon the man, the criminal himself.
c. It has endeavored to establish a mechanical and direct proportion between crime and penalty.
d. There is no regard to human element.

2. The POSITIVISTS THEORY – the following are the characteristics:

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.

b. That crime is essential a social and natural phenomenon, and as such, it cannot be related and checked by the
application of abstract principles of law and jurisprudence nor by the imposition of a punishment, fixed and
determined prior, but rather through the enforcement of individual measures in each particular case after a
thorough, personal and individual investigation conducted by a competent body of psychiatrists a social scientist.
Emphasis is on rehabilitation.

CHARACTERISTICS OF CRIMINAL LAW

1. It is GENERAL in Application

The provision of the criminal of penal law must be applied equally to all persons within the territory irrespective of sex,
race, nationality, and other personal circumstances, with certain exceptions such as:

a. Heads of State or Country

b. Foreign diplomats, ambassadors who are duly accredited to a country
c. Foreign troops permitted to march in our territory.

2. It is TERRITORIAL in Character

As a 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 law of nations.
In the Philippines, the RPC is applicable only to the areas within the Philippine territorial jurisdiction such as:
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a. Philippine Archipelago – this includes all the islands that compromise the Philippines.
b. Atmosphere – the space above those islands.
c. Interior Waters – all bodies of water that connect all the islands such as bays, rivers and streams.
d. Maritime Zone – the three (3) mile beyond our shores measured at low tide.

Exceptions to the Territorial Characteristics of the RPC

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 a Philippine ship of airship.

b. Should forge of counterfeit any coin of currency note of the Philippine Islands of obligations and securities issued
by the government of the Philippines.
c. Should be liable for acts connected with the introduction into these islands of the obligations and securities
mentioned in the preceding number.
d. While being a public officer or employees, should commit an offense in the exercise of their functions.
e. Should commit any of the crimes against national security and security and law of nations, defined in title One of
Book Two of RPC.

On the other hand, even if the crimes of felonies are committed within the Philippine Territory, the Revised Penal Code is
not application under the following conditions of by reason of:

Provision of treaty such as the Philippine/United States Bases Agreement, Balikatan, etc., or under the operation of the
International Law.

3. It is SPECIFIC and Definite

Criminal law must give a strict definition of a specific act which constitute an offense. Where there is doubt as to whether
a definition embodied is the RPC applies to the accused of not, the judge is obligate to decide the case in favor of the
accused and strictly against the state.

4. It is UNIFORM in Application

An act describes a crime no matter who committed it wherever committed in the Phil. and whenever committed. No
exemption 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 differential enforcement of a given specific provision of the penal law.

4. It must be PROSPECTIVE

No person can be punished for his act which at the time he did it is not yet punishable by law. However penal laws may
be given retroactive effect when it is favorable to the accused who is not habitual delinquent.

5. It is assumed by POLITICAL AUTHORITY

The state assumes the rule of plaintiff on the party bringing forth changes. Murder is no longer just an offense against
person, but against the state. In fact the state prohibits individual revenge in such matters; perpetrators must pay their
debt to society, not the individual wronged. (GF Cole. CJS, 1993)

CRIMINALIZATION - is the process of identifying and defining certain acts as crime.

Definitions of Criminal Law activity may exhibit both.

1. Under-criminalization - refers to the fact that criminal law fails to prohibits acts which may feel are felonies. (eg,
Corporate violence, Racism, Structure inequality, Systematic wrongdoings of Political Officials, etc.)

2. Over-criminalization - involves over extension of criminal law to cover acts which are in appropriately or not
responsibility enforces by such measures. (eg. Are legislation of morality and attempts to personal conduct that
does not involved a clear victim, such as, drug addict/abuses, sexual conducts and the likes.
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SOURCES OF CRIMINAL LAW - Where’s criminal found? (Cole, 1993)

1. Constitutions – provides the fundamental principles and procedural safeguards that serve as guides for the
enactment of laws and the making of decisions. (eq. Bill of Rights)

2. Statutes – are laws passed by legislative bodies, the substantive and procedural laws/rules of most states are
found in their statutes. Although the law of crime is primarily an activity of state legislatures, congress and
city/municipalities or towns bodies may also play a role. (eq. RPC, Special Laws, City/Municipality Ordinances)

3. Court Decisions – often called the “Case Law” constitute a third source of criminal law. As noted, the major
characteristics of the state’s common law system is the principle that took to earlier opinions to guide their determinations.
(eq. Rue vs. Wade)

4. Administrative Regulations – are laws and rulings made by state, and local agencies. Such official bodies as
department have been given power by the legislative of executive branch to develop rules to govern specific policy areas.
Most such rules have been promulgated during the 20th century to deal with modern problems. (eq. Regulations
regarding wages and hours, pollution, traffic enforcement, industrial safety, foods and drugs, Pres. Decrees, Executive
memo, and the likes.)

Many rules are part of the criminal law, and the violations are processed through the criminal justice system.

BRIEF HISTORY AND DEVELOPMENT OF CRIMINAL LAW (Cole, 1993)

The earliest codes of law are the Sumerian (3100 B. C.) and the code of Hammurabi (1750 BC), and the Mosaic
code (1250 BC) of Jews. These were written codes, divided into sections to cover different types of offenses.

In Classical Greece, the Draconian code (7th century B. C.), and the Law of the Twelve Tables existed among the Romans
(450 B.C.).Although we can study these early sources of criminal, the U. S. looks to England as the sources of the greater
part of its political and legal concepts. Of these concepts, the Anglo-American common is probably and legal concept and
most important, for it is the major tie that binds the traditions of the two societies and differentiates them the non-English
speaking world.

Common law developed in England and was not written law as a code that one could easily consult to learn what was
proper. Common law was based on customs and tradition as interpreted by judges. In continental Europe, a system of
civil law developed in which the rules were formulated in codes or specially written stipulations. Rather, it took its form
from the collected opinions of the English judges, who looked to customs in making decisions. The judges thus created
law when they ruled on specific cases.

The emergence of criminal law in England paralleled the development of national sovereignty during the 12th century. With
the Norman Invasion of 1066, “the tribal law” of the Saxons yielded to the authority of the central government of the
crown. As the blood feud of the tribes had given way under the influence of feudalism and Christianity to a system of
compensation (becomes a system of units, procedures and common law developed by a strong centralized court that
made general rules for all the realm) for criminal wrongs, the reign of King Henry II (1154-1189) marked the emergence of
common law In England.

This development marked the end of the concept that such offenses are murder merely regrettable torts (wrongful actions)
for which compensation should be paid. Under the common law, crime became as offense to be prosecuted by the
community through its chief.

HISTORY AND DEVELOPMENT OF CRIMINAL LAW IN THE PHIL. (Tradio, 1983)

The present penal code commonly known as the Revised Penal Code (RPC) which was enacted in Dec. 1930. Is a
more retouching of the Spanish Code of 1830, which in turn was based on the early Spanish code/Penal code of 1843.
But the Phil. RPC of 1930, has undergone important changes of orientation of structure.

In the Phil. Criminal Laws, before the Code of Kalantiao was formulated in1433, the people of the Pre-Spanish
Philippines, only had customary and unwritten laws. With the promulgation of the Code of Sumakwel / Kalantioao /
Maragtas / Sikatuna and others, the penal laws were made severe and extensive. According to the codes, the penalties
 13

for felonies and misdemeanors were: death; mutilation; slavery; flagellation; whipping and being bitten with ants,
etc.

FOUNDATION OF CRIMINAL LAW

The criminal law, often referred to as the “Penal Code”, therefore, embodies descriptions not only the forbidden behavior
and the punishment to be administered but also of the ways in which justice official must deal with defendants.

What is basic to our system, however, is the assumption found in the Ancient Latin Saying “NULLUM CRIMEN, NULLA
POENA, SINE LEGE” – means “other can be no crime and no punishment except as the law prescribes”.

DURA LEX SED LEX – “the law maybe hard but it is the law”.
 14

COURSE SYLLABUS -
CRIM 101 – INTRODUCTION TO CRIMINOLOGY (OBE-CMO 5, S2018)
MIDTERM COVERAGE – WEEK 6

CHAPTER 6

MEASURING CRIME
STATISTICS

Statistics is the study of the collection, organization, analysis, interpretation and presentation of data. It deals with all
aspects of data including the planning of data collection in terms of the design of surveys and experiments. When
analyzing data, it is possible to use one of two statistics methodologies: descriptive statistics or inferential statistics.
CRIME STATISTICS
Several methods for measuring crime exist Public surveys are sometimes conducted to estimate the amount of crime not
reported to police. Such surveys are usually more reliable for assessing trends. However, they also have their limitations
and generally don't procure statistics useful for local crime prevention, often ignore offences against children and do not
count offenders brought before the criminal justice system.
Law enforcement agencies in some countries offer compilations of statistics for various types of crime.
Two major methods for collecting crime data are law enforcement reports, which only reflect:

1. Reported crimes and,

2. Victimization statistical surveys.
The latter rely on individual honesty. For less frequent crimes such as intentional homicide and armed robbery, reported
incidences are generally more reliable. Because laws vary between jurisdictions, comparing crime statistics between and
even within countries can be difficult.
The U.S. has two major data collection programs, the Uniform Crime Reports from the FBI and the National Crime
Victimization Survey from the Bureau of Justice Statistics. However, the U.S. has no comprehensive infrastructure to
monitor crime trends and report the information to related parties such as law enforcement.

DARK FIGURE CRIME

The dark figure of crime is a term employed by criminologists and sociologists to describe the amount of unreported or
undiscovered crime, which calls into question the reliability of official crime statistics. Victim studies, such as the research
associated with the British Crime Survey (BCS), are recent attempts to provide an insight into the amount of unreported
crime.
Unrecorded and unreported crime
Not all the crimes that take place are reported to, or recorded by, the police. Given this, sociologists refer to the gap
between the official level of crime and the amount of crime in the community as the dark figure of crime. For a crime to be
recorded, at least three things must happen:
1. Somebody must be aware that a crime has taken place.
2. That crime must be reported.
3. The police or other agency must accept that a law has been broken.

It is now widely accepted by social researchers that official crime statistics have significant limitations. These include:
1. Some crimes are not reported to the police because:
1. The general public regards them as too trivial.
2. The victim finds the matter embarrassing.
3. Individuals are unaware that they are victims (e.g., fraud or confidence tricks).
 15

4. Lack of confidence or trust in the police

5. A fear of reprisals or victimization
6. The victim may take law into own hands—a form of rough justice.
7. Children may not understand issues.
8. Victim may not want to harm the offender (e.g., domestic violence and abuse).
2. Some crimes are much more likely to be reported and recorded than others:

1. Where insurance claims for cars or household goods are involved

2. Serious crimes are more likely to be reported than trivial offences.
3. Media campaigns or the reporting of high-profile cases can lead to "moral panics" and sensitize the general public
to the existence of crime and thus reporting behavior. This is known as "deviance amplification".
3. Police discretion can influence reporting and recording:

1. Different police forces employ different categories and paperwork.

2. There are campaigns that lead to crackdowns on certain crimes or offences, such as drunk driving at Christmas.
3. Some forces will pay less attention to certain types of offence, such as the decision by the Met to liberalize the
policing of soft drugs in Brixton in 2002.
4. A shift from informal or community policing to stricter, military-style policing and zero tolerance campaigns, or vice
versa, will influence crime rates.
4. Changes in legislation, technologies and police manpower can influence the crime figures:

1. Some existing offences may be decriminalized or downgraded (e.g., homosexuality, abortion, some drug
offences).
2. New offenses may be created (e.g., cybercrime, not wearing seat belts, driving whilst using a mobile phone).
3. The wider availability of telephones, alarm technologies, private security staff and closed-circuit cameras can
make it easier to report offences and incidents.
4. The number of police officers per capita has doubled in the UK since 1861. Furthermore, the police now employ
civilians to deal with routine back-office tasks that have freed up uniformed officers and other professionals for
other tasks.
5. Social and economic changes can influence the volume of official crime recorded:

a. There are now more high-value consumer goods, such as domestic electronics or cars, to steal than in the past.
b. Wider coverage for insurance has increased the incentives to report crimes.
c. Changes in the age distribution of the population can influence the crime rate. Fewer young people can lead to a
reduction in deviance and delinquency.
d. The decline in close-knit communities and greater population mobility can reduce informal social control and
influence the crime rate.
e. Changing norms and values can influence the crime rate. For example, members of the public are now less
tolerant of child abuse or domestic violence than in the past.

UNIFORM CRIME REPORTS

The Uniform Crime Reports (UCR) are official data on crime in the United States, published by the Federal Bureau of
Investigation (FBI). UCR is a "a nationwide, cooperative statistical effort of nearly 18,000 city, university and college,
county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention."
Crime statistics are compiled from UCR data and published annually by the FBI in the Crime in the United States series.
 16

The FBI does not collect the data itself. Rather, law enforcement agencies across the United States provide the data to
the FBI, which then compiles the Reports.
The Uniform Crime Reports program began in 1930, and since then has become an important source of crime information
for law enforcement, policymakers, scholars, and the media.
The UCR Program consists of four parts:

1. Traditional Summary Reporting System (SRS) and the National Incident Based Reporting System (NIBRS) –
Offense and arrest data
2. Law Enforcement Officers Killed and Assaulted (LEOKA) Program
3. Hate Crime Statistics Program – hate crimes
4. Cargo Theft Reporting Program – cargo theft
History of the UCR
Uniform Crime Reports (UCR) began in the late 1920s when the Committee on Uniform Crime Records, established by
the International Association of Chiefs of Police (IACP) in 1927, published the first version of the Uniform Crime Reporting
Handbook. With this initiative, the Uniform Crime Reports program began under the jurisdiction of the Federal Bureau of
Investigation. Over the years, the uniform crime report developed into a broad utility for summary-based reporting of
crimes. By the late 1970s, the law enforcement community saw the need for a more detailed crime reporting program that
would meet the needs of law enforcement agencies in the 21st century.
Testing for the new NIBRS system began in South Carolina. The new system was approved for general use at a national
UCR conference in March, 1988.

THE NIBRS

National Incident-Based Reporting System (NIBRS) is an incident-based reporting system used by law enforcement
agencies in the United States for collecting and reporting data on crimes. Local, state and federal agencies generate
NIBRS data from their records management systems. Data is collected on every incident and arrest in the Group A
offense category.
These Group A offenses are 46 specific crimes grouped in 22 offense categories. Specific facts about these offenses are
gathered and reported in the NIBRS system. In addition to the Group A offenses, eleven Group B offenses are reported
with only the arrest information.
Similarities and differences between UCR and NIBRS
The general concepts, such as jurisdictional rules, of collecting and reporting UCR data are the same as in NIBRs.
However, NIBRs goes into much greater detail than the summary-based UCR system. NIBRs includes 46 Group A
offenses whereas UCR only has eight offenses classified as Part I offenses.
In NIBRs, the definition of rape has been expanded to include male victims. UCR, until recently, defined rape as "the
carnal knowledge of a female forcibly and against her will" but since has been expanded. Formerly in UCR, sex attacks
against males were to be classified only as either assaults or "other sex offenses", depending on the nature of the crime
and the extent of the injury.
UCR does not differentiate between completed and attempted crimes while NIBRs does.

THE NCVS

The National Crime Victimization Survey (NCVS), administered by the Bureau of Justice Statistics, is a national survey
of approximately 49,000 to 77,400households twice a year in the United States, on the frequency of crime victimization,
as well as characteristics and consequences of victimization. The survey focuses on gathering information on the
following crimes: assault, burglary, larceny, motor vehicle theft, rape, and robbery. The survey results are used for the
 17

purposes of building a crime index. The NCVS survey is comparable to the British Crime Survey conducted in the United
Kingdom.

INDEX CRIMES

IN THE UNITED STATES

The Federal Bureau of Investigation's uniform crime index in the USA is composed of eight index crimes: murder and
non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny (theft), and motor vehicle theft.

Index crime types include the violent offenses of murder and non-negligent manslaughter, forcible rape, robbery, and
aggravated assault and the property offenses of burglary, larceny theft, and motor vehicle theft. (Arson was added to the
index crimes in 1979. To maintain comparability of the index over time, arson is usually tabulated separately from other
index crime types).

IN THE PHILIPPINES
Index crimes – involves crimes against person (Such as: Murder, Homicide, Physical injuries, Carnapping, Cattle
Rustling, and Rape and, crimes against property (such as: Robbery, Theft, and Arson).
Non- Index crimes – involves violation of Special Laws (such as: RA 6425/9165, and other offenses.

VICTIMS AND OFFENDERS

VICTIM AND VICTIMOLOGY

VICTIM – a person who becomes the focus of offender’s attack by crossing the offender’s path when the offenders view
the circumstances (lack of witnesses, time of day, victim’s vulnerability, etc.) A favorable to commit a crime – the
offender’s state of mind may influence his perception of the risk involved. Alcohol, drug, feeling of stress, and
impulsiveness, among other factors, may influence the offender to take more risk to commit a crime. (FBI, CCM, 1992)

VICTIMOLOGY – a subfield of criminology that examines the role played by the victim in precipitating a criminal incident.
(Cole, CJS, 1993)

Is the study of the victims of crimes, a group that in the past has been neglected by the criminal justice. (Hagan, Intro. to
Crim. 1986)

Is the study of the complete history of the victim, including life-style, personality traits, and so on (FBI, CCM, 1992). As
Dr. Lombroso was first to note: “that passionate criminals often acted under the provocation of victims”.

CONCEPT

Victimology is often on of the most beneficial investigative tools in classifying and solving violent crimes. it is also a
crucial part of crime analysis. Through it, the investigator tries to evaluate why this particular person was targeted for a
violent crime. Very often, just answering this question will lead the investigator to the motive, which will lead to the
offender.

1. Was the victim known to the offender?

2. What were the victim’s chances of becoming of a target for violent crime?
3. What risk did the offender take in perpetrating this crime?

These are some of the important questions investigators should keep in his mind as they analyze the crime. (FBI, Manual,
1993)
 18

One of the most important aspects of classifying an offense and determining the motive is thorough understanding of ass
offender activity with the victim (or targeted property). With sexual assault, this exchange between the victim and offender
includes verbal interchange as well as physical and sexual activity.

VICTIM TYPOLOGY

Criminologist Benjamin Mendelson (1963) one of the pioneers of Victimology, developed a typology of victims:

1. The Completely Innocent Victim – such as child or unconscious person.

2. The Victim With Minor Guilt – such as a woman who provokes a miscarriage and dies as a result.

3. The Victim As Guiltier Than The Offender – such as those who provoke someone to commit crime.

4. The Victim As Guilty As Offender – such as in cases of suicide and euthanasia.

5. The Victim As Most Guilty – such as the aggressive victim who was killed in self-defense.

The Stimulating Of Imaginary Victim - such as paranoids, hysterics, or senile persons. Victimology is 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
social groups and institutions, such as the media, businesses, and social movements. Victimology is however not
restricted to the study of victims of crime alone but may include other forms of human rights violations.

VICTIMIZATION

Victimization is the process of being victimized or becoming a victim. Research that studies the process, rates, incidence,
and prevalence of victimization falls under the body of victimology.

Categories:

1. Peer victimization is the experience among children of being a target of the aggressive behavior of other
children, who are not siblings and not necessarily age-mates.

2. Secondary victimization (also known as post crime victimization double victimization) relates to further
victimization following on from the original victimization. For example, victim blaming, inappropriate post-assault
behavior or language by medical personnel or other organizations with which the victim has contact may further
add to the victim's suffering.

The re-traumatization of the sexual assault, abuse, or rape victim through the responses of individuals and
institutions is an example of secondary victimization. Secondary victimization is especially common in cases of
drug-facilitated, acquaintance, and statutory rape.

3. Re-victimization- The term re-victimization refers to a pattern wherein the victim of abuse and/or crime has a
statistically higher tendency to be victimized again, either shortly thereafter or much later in adulthood in the case
of abuse as a child. This latter pattern is particularly notable in cases of sexual abuse. While an exact percentage
is almost impossible to obtain, samples from many studies suggest the rate of re-victimization for people with
histories of sexual abuse is very high. The vulnerability to victimization experienced as an adult is also not limited
to sexual assault, and may include physical abuse as well.

4. Self-victimization (or victim playing) is the fabrication of victimhood for a variety of reasons such to justify abuse
of others, to manipulate others, a coping strategy or attention seeking.
CRIMINAL/ OFFENDER AND DELINQUENT BEHAVIOR

In the LEGAL sense, a criminal is any person who has been found to have committed a wrongful ace in the course of the
standard judicial processes. There must be a final verdict of his guilt.
 19

In the CRIMINOLOGICAL sense, a criminal is a person already considered a criminal at the moment he committed any
anti-social act or criminality.

Distinctions Between Criminal and Delinquent Person

A criminal is a person who has violated the Penal Law, have been found guilty of the crime charges upon observing of
the standard judicial procedure while a delinquent is a person who merely committed an act not in conformity with the
norms of society.

Typical Example of Delinquency:

1. Waywardness of children
2. Street Corner gangs
3. Children out of parental control
4. School drop-outs without justifiable reasons

GENERAL CLASSIFICATION OF CRIMINALS

Criminals Classified on the Basis of Etiology

a. Acute Criminals – persons who violate criminal law because of the impulse of the moments, fit of passion or
anger or spell of extra jealousy.

b. Chronic Criminals – persons who acted in consonance with deliberate thinking, such as:

1. Neurotic Criminals – persons whose actions arise from intra-psychic conflict

i. between the social components of his personality. (eq. Kleptomania)

2. Normal Criminals – persons whose psychic organization resembles that the normal individuals except that
he identified himself with criminal prototype.

1. Criminoloids – caused by an organic pathological and sociological process.

eq. Sociopath)

Criminals Classified on the Basis of Behavioral System

a. Ordinary Criminals – the lowest form of criminal corner. They engaged on the conventional type of crimes
which require limited skill. They lack organization to avoid arrest and conviction.

b. Organized Criminals – these criminals has a high degree of organization to enable them to commit crimes
without being detected and committed to specialized activities which can be operated in large scale business.
Force violence, intimidation and bribery are used to gain control of gambling, prostitution, and distribution of
prohibited drugs.

c. Professional Criminals – they are highly skilled and able to obtain considerable amount of money without being
detected, because of organization and contact with other professional criminals. These criminals are always able
to escape conviction. They specialize in crimes witch required skill that violence such as confidential games, pick
pocketing, shoplifting, sneak thievery, counterfeiting and others.

d. Situational Criminals – those who are actually not criminals but constantly in trouble with legal authorities
because they commit robberies and theft because of economic conditions and climate.

Criminals Classified on the Basis of Mental Attitudes

a. Active – Aggressive Criminals – those who commit crime in an impulsive manner usually due to the aggressive
behavior of the offender. Such attitude is clearly shown in the crimes of passion, revenge or resentments.
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b. Passive Inadequate Criminals – those who commit crimes because they are pushed to it by inducement, by
reward or promise without considering its consequence. They are called “Ulukan”.

c. Socialized Delinquents – those who are normal in their behavior but merely defective in their socialization
processes. To this group belongs the educated respectable members of society who may turn criminal on
account of the situation they are involved.

TYPOLOGY OF CRIMINALS IN THEIR MODUS OPERANDI AND SIGNATURE ASPECTS OF VIOLENT CRIMES.
(J. E. Douglas, FBI CCM, 1992)

Modus Operandi (MO) – or Modes of an Offender

The MO is a learned behavior of the offenders’ actions during the perpetuation of a crime. The violent, repetitive offender
often exhibits another element of criminal behavior during an offense of the signature aspect, or “calling card”. This
criminal conduct goes beyond the action necessary to perpetrate the crime. it composes a unique and integral part of the
offenders’ behavior while he is committing the offense, it includes offenders’ fantasies often give birth to violent crimes.
The MO has great significance when investigators attempt to link him to the crime.

Types of Serial of Signature Criminals

1. Serial Killers
2. Serial Rapists
3. Serial Arsonist
4. Serial Bombers

SOME TYPOLOGIES OF CRIMINAL BEHAVIOR;

(includes: Biological, Psychological and Sociological Explanations)

Dr. Ceasare Lombroso, “Criminal Man” according his Classification, 1925.

1. Born Criminals – (Atavistic type, throw Backs)

2. Criminaloids – personality disorder of anti-social
3. Insane Criminals – mentally defected
4. Occasional Criminals
5. Criminal by Passion

David Abrahamsen, “Psychology of Crime”, NY, 1960

A. Acute Criminals
1. Situational
2. Associational
3. Accidental

B. Chronic Criminals
1. Neurotic
2. Psychopathic
3. Psychotic

Stephen Schafter, “Intro. To Criminology”/ Typology of Criminals. “Life Trend”, 1976

1. Occasional Criminals
2. Professional Criminals
3. Abnormal Criminals
4. Habitual Criminals
5. Conventional Criminals

Don C. Gibbons, “Society and Criminal Behavior, 4th Ed. “Criminal Role Carriers”, 1982
 21

1. Professional Thieves
2. Professional “Heavy” Criminals
3. Semiprofessional Property Criminals
4. Naïve Check Forgers
5. Automobile thieves – “joyride”
6. Property Offenders – “one time losers”
7. Emblezzers
8. White-Collar Criminals
9. Professional “Fringe Violators”
10. Personal Offenders “one time losers”
11. Psychopathic Assaultists
12. Statutory Rapist
13. Aggressive Rapist
14. Violent Sex Offenders
15. Non-violent Sex Offenders
16. Incest Offender
17. Male Homosexuals
18. Opiate Addicts
19. Amateur Shoplifters
20. Skid Row Alcoholics

RAPIST CLASSIFICATION (FBI, CCM, 1992)

The taxonomic studies on which the following descriptions of convicted rapists types are based on focus on the iteration of
sexual and aggressive motivations:

1. Power-Reassurance Rapist – the assault is primarily an expression of his rape fantasies which also possessed a
sexual deviant behavior. There is often high sexes arousal accomplish by a loss of self-control.

2. Exploitative Rapist – sexual behavior is expressed as an impulsive predatory act. This assailant can best be
described and understood as a man on the hunt for a woman to exploit sexually. The offender’s intent is to force
the victim to submit sexually, and hence, he is not concerned the victim’s welfare.

3. Anger Rapist – sexual behavior is an expression of anger and rape. Sexuality is in the service of a primary
aggressive aim, with the victims representing, in a displaced fusion, the hatred individual(s).

4. Sadistic Rape – sexual behavior is an expression of sex aggressive fantasies. As sexual arousal increases,
aggressive feelings increase, simultaneously, increases in aggressive feelings heighten sexual arousal.

ARSONIST CLASSIFICATION (FBI, CCM, 1992)

1. Revenge Arsonist
2. Excitement Arsonist
3. Vandalism
4. Profit-Motivation
5. Crime Concealment
6. Extremist

WHO IS CRIMINAL?

To illustrate the importance of methodological precision, let us examine the basic, but deceptively complex
question; the answers are not obvious as they seem:

1. A person who violates the law;

2. A person whose criminality has been proven under and accepted through court procedure;
3. A person who has been defied by certain persons in general as criminals;
4. A person who possesses a body of skill, attitudes and social relationship, which signify maturity in
criminal culture.
 22

Taking what would appear to be the easiest questions, who is criminal? Most would agree that long-term recidivists
who have continually been found guilty are criminals. Yet some ideologues might even on this point maintain that
some of these “career criminals” are in facts not criminals, but using the conflict perspective, political prisoners,
victims of an unfair class system, or a political oppressive system. (Quinney and Wildeman, 1977), and (Turk, 1992).

Additionally, not all apprehended individuals or persons accused of crime are guilty; and what about those who
commit crime but who are not arrested?

PROF. ALAIN S. ACUÑA, RCrim, MS Crim, CCS-FBS, GPSIC

Instructor