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Introduction To Criminology Pagadian

The document provides an introduction to criminology, defining it as the study of crime as a social phenomenon and outlining its historical origins and key theories. It categorizes crime into various types, including felonies and offenses, and discusses different schools of thought in criminology such as the Classical, Neo-Classical, and Positivist schools. Additionally, it explores the nature of criminal behavior, legal classifications, and specific types of crimes, including sexual offenses and murder.
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0% found this document useful (0 votes)
13 views116 pages

Introduction To Criminology Pagadian

The document provides an introduction to criminology, defining it as the study of crime as a social phenomenon and outlining its historical origins and key theories. It categorizes crime into various types, including felonies and offenses, and discusses different schools of thought in criminology such as the Classical, Neo-Classical, and Positivist schools. Additionally, it explores the nature of criminal behavior, legal classifications, and specific types of crimes, including sexual offenses and murder.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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INTRODUCTION TO

CRIMINOLOGY

PREPARED BY: MARY KATHLEENE S. DADES, RCrim.


Criminology
It is a body of knowledge regarding crime as a social
phenomenon.

● derived from the Latin root word “Crimen” which means


offense and “logos” or “logia” which means to study.

● It was introduced by Raffaele Garofalo in 1885 which in


Italian is Criminologia.

● It was introduced by Paul Topinard in 1887 which in


French is Criminologie .
• According to Edwin H.
• According to RA 11131,
Sutherland
“Criminology is the body
of knowledge regarding “Refers to the scientific
crime as a social study of crimes,
phenomenon. It includes criminals, and victims. It
within its scope the process also deals with the
o f m a k i n g o f l aw s , o f
breaking of laws, and the prevention, and solution
society’s reaction towards of crimes.”
the breaking of laws.”
BASIC THEORIES IN
CRIMINOLOGY
1. CLASSICAL SCHOOL
● Pioneered by Cesare Beccaria an Italian jurist and Jeremy
Bentham a British philosopher
● The two primary doctrines are:
● FREEWILL
by Cesare Beccaria, which stated that man is entirely unrestricted in
his ability to choose between good and evil or man has the capacity
to choose what is right and what is wrong.
● HEDONISM
that was introduced by Jeremy Bentham.
A philosophy where people choose pleasure and avoid pain.

CLABEBEN- Classical- Becarria- Bentham


2. NEO-CLASSICAL SCHOOL

● This school maintained that while classical doctrine was


correct in general, some of its detail should be modified to
include:

● Children and lunatics should NOT be regarded as


criminals; hence they are free from punishment.
3. ITALIAN OR POSITIVIST SCHOOL
● The founding of the Positivist School or Italian School is
credited to Cesare Lombroso, Enrico Ferri, and Raffaele
Garofalo.
• GAROFELO- garoffalo,Ferri,Lombroso

● Emphasized on the scientific treatment of the criminal, not on


t h e p e n a l t i e s. T h i s s c h o o l p r o m o t e d t h e D o c t r i n e o f
Determinism which stated that man’s choices, decisions and
actions are decided by antecedent causes, inherited or
environmental, acting upon his character.
Note: Positivist focuses on the ACTOR rather than the act.
It means that positivists believe in the principle that “Let
the punishment fits the criminal and not on the crime”.

It maintained that crime as any other act is a natural phenomenon


and is comparable to disaster or calamity. That crime as a social and
moral phenomenon which cannot be treated and checked by the
imposition of punishment but rather rehabilitation or the enforcement of
individual measures. Cesare Lombroso and his two students Enrico Ferri
and Raffaele Garofalo advocated this school.
“Criminals have
“criminals are ATAVISTIC
“Criminals’ behavior STIGMATA”.
not morally not to physical features
responsible but -Cesare
But MORAL Lombroso
driven to commit ANOMALIES”
crimes by conditions in -RAFFAELLE
their lives.” GAROFALO
-ENRICO FERRI
WHAT IS CRIME ?
• it refers to an act or omission in violation of public law forbidding
or commanding it.

Crime may be:


OFFENSE
• when it is punishable by Special Laws. Violations of special laws
are generally referred to as malum prohibitum.
FELONY
• when it is punishable by the Revised Penal Code. Violations of the
Revised Penal Code are referred to as malum in se, which literally
means, that the act is inherently evil or bad or per se wrongful.
THE FOUR (4) PRINCIPAL DIVISIONS OF
CRIMINOLOGY

1. SOCIOLOGY OF LAW
q which is an attempt at scientific analysis of the
conditions under which criminal law influences society.
2. CRIMINAL ETIOLOGY
q which is an attempt at scientific analysis of the study of
causes or reasons for crime.
THE FOUR (4) PRINCIPAL DIVISIONS OF
CRIMINOLOGY
3. PENOLOGY
q concerned with control of crime by repressing criminal
activities through the fear of punishment.

4. CRIMINALISTICS
q concerns with the collection, identification, and
recognition of physical evidence at the crime scene.

Keyword :Pe SE C
NATURE OF CRIMINOLOGY

qAs an Applied Science


qAs Social Science
qDynamic
qNationalistic

Keyword:SAND
Different Views on the Causes
and Control of Criminal
Behavior
1. CONSENSUS VIEW

● Criminal behavior is behavior in violation of the criminal law.


● It is not a crime unless it is prohibited by the criminal law.
●The term consensus implies general agreement among a
majority of citizens on what behaviors should be prohibited by
criminal law and henceforth be viewed as crimes.
● The law defines crime, agreement exists on outlawed behavior,
and law applied to all citizens equally.
2. CONFLICT VIEW

● The definition of crime is controlled by wealth,


power, and position and NOT by moral consensus or
the fear of social disruption.
● It is a political concept designed to protect the
power and position of the upper classes at the expense
of the poor.
● The law is a tool of the ruling class, the law is used
to control the lower class, and crime is politically
defined.
3. INTERACTIONIST VIEW OF CRIME

● Crimes are outlawed behaviors because society


defines them that way and NOT because they are
inherently evil or immoral acts.

● Moral entrepreneurs define crime and criminal


labels are life-transforming events.
“Typology of Crime “
- Involve classifying offenses or offenders
according to some criteria of relatedness
or similarity.

LEGAL CLASSIFICATIONS:

1. According to law violated


• FELONY
- An act or omission punishable by law which is
committed by means of dolo (deceit) or culpa (fault)
and punishable under the Revised Penal Code.
OFFENSE
- An act or omission in violation of a special law.
INFRACTION
– an act or omission in violation of a city or
municipal ordinance.

MISDEMEANOR
– acts that are in violation of simple rules and
regulations usually referring to acts committed by
minor offenders.
2. According to the manner of committing
crime
A. By means of dolo or deceit
qif the crime is committed with deliberate
intent. Thus, it is called intentional felonies.
•freedom or voluntariness
•intelligence
•intent
B. BY MEANS OF CULPA OR FAULT
- Felonies committed by means of culpa (fault)
- The act or omission of the offender is not malicious
and the injury caused by the offender is unintentional,
it being the simply the incident of another act
performed without malice
• lack of foresight
• lack of skill
• negligence
• imprudence
3 . AC C O R D I N G TO T H E S TAG E S I N T H E
COMMISSION:

a. ATTEMPTED
• the crime is attempted when the offender
commences the commission of a felony directly or
over acts, and does not perform all the acts of
execution which should produce the felony by
reason of some cause or accident other than this own
spontaneous desistance.
b. FRUSTRATED
• when the offender performs all the acts of execution
which would produce the felony as a consequence
but which, nevertheless do not produce it by reason
of causes independent of the will of the perpetrator.

c. CONSUMMATED
• when all the elements necessary for its
accomplishment and execution are present.
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 necessary means for committing the other.

Two (2) Kinds of Complex Crime:


1. Compound crime (Delito Compuesto)
2. Complex crime proper (Delito Complejo)
ACCORDING TO THE NATURE OF THE ACT:

a. CRIMES MALA IN SE
– are acts that are inherently evil. Examples are
murder, robbery, etc.

b. CRIMES MALA PROHIBITA


– acts which are prohibited only because there are
laws forbidding such acts. Examples are Illegal
Possession of firearms, Traffic Violations, etc.
ACQUISITIVE CRIME
when committed, the offender acquires
something as a consequence of his criminal act.

EXTINCTIVE CRIME
The crime is extinctive when the result of
criminal act is destruction.

SERVICE CRIMES
crimes committed through rendition of a service
to satisfy desire of another.
SEASONAL CRIME
are committed only at certain period of the year
EXAMPLE: HOLIDAYS, WINTER,SUMMER.
SERIAL CRIMES
they are committed by series of act within a
lengthy space of time.
EXAMPLE: jack the ripper, Ted bundy etc
INSTANT CRIME
Instant crimes are those that are committed the
shortest possible time
EXAMPLE: THEFT,PILFIRAGE
STATIC CRIMES
Static crimes are crimes that are committed only
in one place.

CONTINUING CRIME
Continuing crime are crimes that are committed
in several places.
EXAMPLE: human trafficking, kidnapping, robbery
on a moving vehicle
EPISODIC CRIME
they are committed by series of act within a
lengthy space of time.
EXAMPLE: jack the ripper, Ted bundy,

INCHOATE CRIMES
A crime seeking for or incomplete crime in
preparation or seeking to commit another
crime.
WHITE COLLAR CRIMES
• are those committed by a person of responsibility
and of upper socio-economic class in the course of
their occupational activities.

BLUE COLLAR CRIMES


• Blue Collar Crimes are those committed by ordinary
professionals to maintain their livelihood.
MALA IN SE MALA PROHIBITA
BASIS • Moral state of the offender; • Voluntariness; hence, good
hence, good faith or lack faith or lack of criminal intent
is not a defense , unless intent
criminal intent is a defense is an element of the crime
such as in Sec. 3 [e] of RA
3019
MODIF • Taken into account in imposing the • Not considered because
YING penalty on the offender precisely t h e l aw i n t e n d s t o
CIRCU because his moral trait is the basis of
MSTAN his crime. Hence, greater perversity
discourage the
CES deserves a higher penalty; whereas commission of the act
lesser depravity deserves mitigation. specially prohibited.
Degree of • Penalty is computed on the basis of • The penalty on the offender is
Participati
whether the malefactor is a principal the same as they are all
on
offender, or merely an accomplice or deemed principals
Stage of • T h e p e n a l t y i m p o s e d • Violation of law is punished
Accomplis de pends on whether the only when accomplished or
hment consummated because intent
c r i m e i s c o n s u m m a t e d , is inherent in attempted or
frustrated, or attempted. frustrated stage and intent is
not relevant in crimes mala
prohibita
Moral • Generally, involve moral • Not involved because
turpitude turpitude logically, so for its the act would not have
basis is the moral state of the been wrong if not for the
offender. prohibition of law.
Law Generally, the Revised Generally, special
violated Penal Code penal laws
CONKLIN’S TYPOLOGY
OF ROBBERS
These robbers use threats, intimidation, or violence
to achieve their objectives. They may employ
weapons to instill fear in their victims and demand
immediate compliance

COERCIVE ROBBER
This type of robber acts on impulse, without
significant premeditation, often targeting vulnerable
individuals or unattended properties. Their actions
are usually spontaneous and may be driven by
immediate needs or substance abuse.

OPPORTUNISTIC ROBBER
Highly skilled and often connected to organized
crime networks, professional robbers treat criminal
activities as a career. They have extensive
knowledge of security systems and law
enforcement tactics, executing elaborate heists.

PROFESSIONAL ROBBER
QUESTION:

IS MASS MURDER AND SERIAL


KILLING THE SAME ?

NO, they differ in definition, frequency,


and motive
KINDS OF MURDDER
“Mass Murder and Serial Killing”
MASS MURDER
• The act of killing multiple people in a single event or
over a short period of time, usually in one location or
connected locations.
SERIAL KILLING
• The act of killing multiple people over an extended
period, with a significant cooling-off period between the
murders. Each murder is usually separate and distinct
from the others.
SPREE KILLER
- is someone who embarks on a murderous assault on
2 or more victims in a short time in multiple locations.
SPREE KILLING
killings at two or more locations with almost no time
break between murders.
SERIAL MURDER
- Two or more murders committed by an offender(s)
with a cooling off period.
“Types of Serial Killers”
(Jack Liven and James Allan Fox)

THRILL KILLERS
- These killers strive for either sexual sadism or
dominance. This is the most common form of serial
murderer
PROFIT KILLERS
• Usually trying to cover-up a crime, eliminate witnesses,
and carry out a criminal conspiracy.

TERRORIST KILLERS
• Killers who are trying to send a message. Gang killings
tell rivals to watch out; cult killers may actually leave a
message behind to warn society about impending doom.
SEX CRIME/RAPE
TAKE NOTE:
The new rape law introduces new features such as, a wife
may charge her husband for rape (marital rape); the
victim is no longer limited to females, i.e., a male may be
injured party; insertion of objects/penis into the mouth,
genitals, or anal orifice of another person already
constitutes rape.

As much as the majority of these violations involve


women and children, it is absolutely necessary that police
investigations be accurate, comprehensive, and effective.
SALIENT PRINCIPLES OF SEX CRIMES
1.It is triggered by emotion.
2.A person who commits a sex crime has
lost control of his emotions.
3.It is not something you can sit out and
analyze.
4.It is a compulsion that comes from deep
within the person.
CLASSIFICATIONS OF RAPE

a. ACQUAINTANCE RAPE
- forcible sex in which offender and the victim are acquainted with one
another.

b. AGGRAVATED RAPE
- rape involving multiple offenders, weapons and victim injuries.

C. DATE RAPE
- forcible sex during the courting relationship.
- most commonly used rape drug- Ativan, Benzodiazepines, Xanax
D. GANG RAPE
- Forcible sex involving multiple attacker.
e. MARITAL RAPE
- Forcible sex between people who are legally married to
each other.

F. SERIAL RAPE
- Multiple rapes committed by one person overtime.

g. STATUTORY RAPE
- Sexual relations between an underage minor female and
an adult female.
H. ANGER RAPE
- Sexual attack becomes a means of expressing rage or anger and
involves for more physical assault upon the victim that is necessary.

I. POWER RAPE
- Assailant primarily wishes to express his domination over the victim.
Since rape is an expression of power rather than the means of sexual
gratification, the rapist generally uses only the amount of force
necessary to exert his super-ordinant position.

J. SADISTIC RAPE
- Perpetrator combines the sexuality and aggression aiming psychotic
desires to often torment, torture, or otherwise abuse his victim.
“CATEGORIES OF RAPISTS”
a. NAIVE GRASPERS
- Sexually inexperienced youths who possess an unrealistic
conception of female erotic arousal. Awkward in relating to the
opposite sex, they hold high expectations that their crude advances
will be met with affection by their victims.

B. MEANING STRETCHERS
- An offender misinterprets woman expressions of friendliness.
And affection as indicating that the female desires couitus
even when she says no.
CLASSIFICATIONS OF CRIMINALS

BY LOMBROSO :
1. BORN CRIMINALS
q there are born criminals according to Lombroso,
the belief that criminal behavior is inherited.
2. INSANE CRIMINALS

q are those who commit crime due


to abnormalities or psychological
disorders.
3. CRIMINALOID

qa person who commits crime due


to less physical stamina/self-
control.
CRIMINAL BY PASSION
q are
individuals who are easily influenced by
great emotions like fit of anger.
OCCASIONAL CRIMINAL
q are those who commit crime due to
insignificant reasons that pushed
them to do at a given occasion.

PSEUDO-CRIMINALS
q are those who kill in self-defense.
Who is CESARE
LOMBROSO?

“Father of Criminology'' or
the “Father of Modern
Criminology”, also the
“Founder of Criminal
Anthropology”
Who is RAFFAELE GAROFALO?

• An Italian nobleman, magistrate, senator,


and professor of law who rejected the
classical principle that punishment
should fit the crime, arguing instead
that it should fit the criminal.
• He traced the roots of criminal behavior which
i s n o t i n p hy s i c a l f e a t u r e s b u t t o t h e i r
psychological equivalents, which he called
“moral anomalies.”
Who is Enrico Ferri?
qLombroso’s best associate
qattacked the classical doctrine on
freewill, and argued that criminals
should not be held morally responsible
for their crimes, because they did not
choose to commit crimes rather, were
driven to commit crimes due to
economic, social and political factors
(moral responsibility).
Criminological Classification of Criminals

ACUTE CRIMINAL
Is one who violates a criminal law
because of the impulse or fit of
passion.
CHRONIC CRIMINAL
Is one who commits crime in
consonance of deliberated
thinking.
ORDINARY CRIMINAL
Considered as the lowest form
of criminal in a criminal career
Organized criminal

Is one who associates


himself with other criminals.
PROFESSIONAL
CRIMINALS
Are those who practice crime
as a profession for a living.
ACCIDENTAL
CRIMINALS
Are those who commit crimes
when the situation is
conducive to its commission.
HABITUAL CRIMINALS
Are those who commit crime
because of deficiency of
intelligence and lack of self
– control.
What is Habitual Delinquent
Is a person who, with in a period of
ten years from the date of his release
or last conviction of the crimes of
serious or less serious physical
injuries, robbery, estafa, or
falsification, is found guilty of any of
the said crimes or a third time
offendener.
What is a Recidivist?
Is one who, at the time of his
trial for one crime, shall have
been previously convicted by
final judgment of another
crime embraced in the same
title of the Revised Penal Code.
THE CRIMINAL FORMULA

In explaining the birth of crime, we must


consider three factors: criminal tendency
(T), the total situation (S), and the
person’s mental and emotional
resistance to temptation (R).
C=T + S
R
This formula was devised by David Abrahamsen
(Forensic Psychologist)

Where:

C-Crime/Criminal Behavior (THE ACT)


T-Criminal Tendency (DESIRE/INTENT)
S-Total Situation (OPPORTUNITY)
R-Resistance to Temptation (CONTROL)
3 Basic Elements of Crime (Legal Aspect):

1. INTENT
The actor must have had a guilty mind.
2. KNOWLEDGE
Refers to whether the behavior in question was done
knowingly.
3. FREEDOM
It refers to whether the actor exercises freewill.

Note: In order for a crime to happen all these (3)


elements must present.
What is VICTIMOLOGY?

q Is simply the study of victims


of crimes and contributory role,
if any, in crime causation.
qIt is also the scientific process
of gaining substantial amounts
of knowledge on offender
characteristics by studying the
nature of victims.
GENERAL TYPES OF VICTIMS
1. The Young
the weak by virtue of age and immaturity
2. The Female
often less physically powerful and easily dominated
by males.
3. The Old
the incapable of physical defense
and the common object of
confidence scheme.
4. The Mentally Defective
those that are unable to think
clearly.
5. The Immigrant
Those that are unsure of the rules
of conduct in the surrounding society.
6. The Minorities
Racial prejudice may lead to
victimization or unequal treatment
by the agency of justice.
OTHER TYPES OF VICTIMS
1. The completely innocent victim
q such a person is an ideal victim in popular
perce ption. In this categor y placed persons
victimized while they were unconscious, and the
child victims.
2. Victims with only minor guilt and those victimized
due to ignorance.
3. The victim who is just as guilty as the
offender, and the voluntary victim.

4. The victim is more guilty than the


offender
q this categor y was described as
containing persons who provoked the
criminal or actively induced their own
victimization.
5. The most guilty victim “who is guilty
alone” –
an attacker killed by a would be victim in
the act of defending themselves were
placed into this category.

6. The imaginary victim


those suffering from mental disorders, or
those victims due to extreme mental
abnormalities.
THEORIES OF VICTIMOLOGY
VICTIM PRECIPITATION
THEORY
q People may actually initiate
the confrontation that
eventually leads to their injury
or death.
Two types:

ACTIVE PRECIPITATION
Ø Occurs when victims act
provocatively, use threats or fighting
words, or even attack first.
PASSIVE PRECIPITATION
q Occurs when the victim
exhibits some personal
characteristic that unknowingly
either threatens or encourages
the attacker.
LIFESTYLE THEORY
qCrime is not a random
occurrence but rather a
function of the victim’s
lifestyle.
DEVIANT PLACE
THEORY
The greater their exposure
to dangerous places, the
more likely people will
become victims of crime
and violence.
REPUBLIC ACT NO. 6506 VS.
REPUBLIC ACT 11131
RA 6506 RA 11131
- An Act Creating the Board - An Act Regulating the
of Examiners for Practice of Criminology
Criminologists in the Profession in the Philippines
Philippines and for other and Appropriating Funds
therefor, re pealing for the
purposes. purpose RA 6506.
- A l s o k n ow n a s “ T h e
Philippine Criminology
Profession Act of 2018”.
Who is Registered criminologist?
qRefers to a natural person who holds a
valid certificate of registration and an
updated professional identification card
as a criminologist issued by the
Professi onal Regul ator y Board for
Criminologists and the Professional
Regulation Commission (PRC) pursuant
to this Act.
RA 6506 RA 11131

1. 75% passing rate 1. 75% Passing Rate

2 . 5 0 % p a s s i n g r a t e p e r 2. 60% Passing Rate per Subject (Para


hindi madeferred)
Subject
3. Deferred subject should be 80% on
3. Retake Twice a Year the next take

4. Unlimited Takes 4. If you failed 5 times you need to


take Refresher Course

Note: Tatlong below 75%, bagsak!


Section 17. Rating in the Licensure
Examination.
• To pass the licensure examination
for criminologist, a candidate must
obtain a weighted average rating of
seventy-five percent (75%) with no
grade less than sixty percent (60%)
in any given subject.
• In case the examinee obtains a
weighted average rating of seventy-
five percent (75%) but, has a grade
below sixty percent (60%) in any of
the subjects, the result of the
examinee shall be deferred, and be
required to retake that particular
subject/s.
• The deferred examinee shall only be
allowed to retake once within two
( 2 ) ye a r s f r o m t h e d a t e o f t h e
examination, and shall be required
to obtain a grade not lower than
eighty percent (80%) on the subject,
to be considered to have passed the
licensure examination.
•If the examinee failed to
retake after the lapse of two
(2) years or failed to get the
passing mark of eighty
percent (80%), the examinee
shall retake all the board
subjects.
Section 34. Privileges of Registered
Criminologists.
qAll registered criminologists
shall be exempt from taking any
other entrance or qualifying
gover n m e n t o r c iv i l s e r v i c e
examinations and shall be
considered civil service eligible.
Section 35. Preference of Appointment in
Government Criminal Justice and Other
Government Institutions. –
Registered criminologists shall enjoy priority of
appointment and shall not be required to take
any qualifying or entrance examinations in the
PNP, the NBI, the BJMP, the BFP, the Land
Tr a n s p o r t a t i o n O f f i c e ( LT O ) a n d o t h e r
government positions related to criminology,
police and law enforcement work, investigations
and security, corrections and public safety of the
following bureaus, departments, institutions or
agencies of the government.

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