INTRODUCTION

TO
CRIMINOLOGY
 Definition of Terms
Study of crimes A person who
and criminals studies criminology
CRIMINOLOG
CRIMINOLOGIS
Y
Is an act committed T
The person who
or omitted in
committed the crime
violation of law
CRIMINAL
CRIME The person harmed,
injured or killed as a
result of the crime
VICTIM
 CRIMINOLOGY

Coined on 1885

‘criminologia’ - used by Raffaele Garofalo, an Italian

professor
‘criminologie’ - used in France by the French
Anthropologist, Paul Topinard

Latin word “crimen” accusation

Greek word “logia” “the study of”

 CRIMINOLOGY

Edwin Sutherland
- the body of knowledge regarding crime as a social
phenomenon
- it includes within its scope the process of:
a. making laws (Sociology of Law)
b. breaking laws (Etiology of Crimes)
c. reacting towards the breaking of laws
(Penology)
 PURPOSES OF CRIMINOLOGY

To offer well-researched and objective answers to these

questions:

• Why do crime rates vary?

• Why do individuals differ as to criminality?
• Why is there variation in reactions to crime?
• What are the possible means of controlling
criminality?
 GOALS OF CRIMINOLOGY

• To describe
• To understand CRIMINAL BEHAVIOR
• To predict
• To control
refers to acts that are injurious and
prohibited under the law
 NATURE OF CRIMINOLOGY
Is Criminology a science?
• An Applied Science – since in studying crimes, it
applies other natural sciences like:
- Anthropology
- Psychology
- Sociology
while in detecting crimes, it utilizes:
- chemistry, medicine, physics, mathematics
- ballistics, polygraphy, legal medicine, questioned
document examination
 NATURE OF CRIMINOLOGY

• A Social Science – since crime is a social creation

that exists in a society
• Dynamic – criminology changes as social condition
changes, it is concomitant with the advancement of
other science that has been applied to it.
• Nationalistic – study of crimes is in relation to the
existing criminal law within a territory or country
PRINCIPAL DIVISIONS OF CRIMINOLOGY

1. Sociology of Law – attempts to offer scientific

analysis of the conditions of developing criminal
laws.
2. Criminal Etiology – attempts to provide scientific
analysis of the causes of crimes.
3. Penology – concerned with the control and
prevention of crimes and the treatment of youthful
offenders.
 CRIMINOLOGY IN THE PHILIPPINES
• Philippine College of Criminology (PCCr) – first
Plaridel College ever educational institution that offered Criminology
course in Southeast Asia

• Philippine Educators Association for Criminology

Education (PEACE) – implemented the first
Criminologist Licensure Examination
professionalized the Criminology
Profession
CRIMINOLOGY IN THE PHILIPPINES

• Republic Act Number 6506 – an act creating the

Board of Examiners for Criminologists in the

• Republic Act Number 11131 – repealed RA No.

6506
The Philippine Criminology Profession Act of 2018
 CRIMINAL JUSTICE SYSTEM

- the system used by the government to maintain

social control, prevent crime, enforce laws, and
administer justice
- primary agencies charged with these
responsibilities are the Law Enforcement
Agency, Prosecution, Courts, Corrections and
Community.
 CRIMINALISTICS

- also known as physical evidence

- the study of criminal things
- the sum total of the application of all
sciences in crime detection
 DIVISION OF CRIMINALISTICS
SCIENTIFIC • Chemistry – includes alcohol analysis, toxicology,
Division narcotic and substance testing, firearms discharge
residues, chemical development of latent fingerprints
and all types of analysis through the use of chemical
reagents and electronic instruments
• Physics – includes firearms identification, tool mark
comparison, scientific photography, finding out
speed and direction of vehicles and use of X-Rays.
• Biology – includes study of blood, semen, urine,
hairs, skin.
 DIVISION OF CRIMINALISTICS
TECHNICAL • Firearms Identification – deals with the study of
Division comparison and identification of weapons alleged to
have been used in commission of crime.
• Questioned Document Examination – concerned with
the examination of forged, altered, or suspected
papers to determine its genuineness.
• Fingerprint Identification – cornerstone of Personal
Identification.
- concerned with the examination and comparison
of every minute detail of fingerprints lifter or
developed from crime scenes
 DIVISION OF CRIMINALISTICS
TECHNICAL
Division
• Photography – concerned with the reproduction of
images through the action of light on a sensitized
material as an invaluable aid to crime detection and
investigation.
• Lie Detection or Polygraphy – concerned with
detecting deception or verifying truth of statements
through recording of a person’s physiological
responses.
SCHOOLS OF THOUGHT IN CRIMINOLOGY

School of Thought – refers to a group of

beliefs or ideas that support a specific
theory.
 
Theory – set of statements devised to
explain behavior, events or phenomenon,
especially one that has been repeatedly
tested and widely accepted.
SCHOOLS OF THOUGHT IN CRIMINOLOGY
• DEMONOLOGICAL THEORY
- asserts that a person commits wrongful acts due to
the fact that he was possessed by demons.

• CLASSICAL SCHOOL
- argued that people have free will to choose how
to act

• POSITIVIST SCHOOL
- presumed that criminal behavior is caused by
internal and external factors outside of the
individual’s control
 CLASSICAL SCHOOL
- developed in the mid-18th century
- based on “Utilitarianism”
“the greatest – actions are right in proportion as they tend to
happiness promote happiness, wrong as they tend to produce
principle” the reverse of happiness.
- argued that people have free will to choose how to
act seeks happiness and
- a human being is a “hedonist” avoids pain
- a human being is a “rational calculator”
weighs cost and benefits of
the consequences of an act
 CLASSICAL SCHOOL

Cesare Beccaria (Cesare, Marchese Di Beccaria

Bonesana)
- an Italian philosopher known for his Essay
on Crimes and Punishment

Essay on Crimes and Punishment

- a seminal treatise on legal reform proposing
many reforms to the criminal justice system
CLASSICAL SCHOOL

Beccaria believed that:

• people want to achieve pleasure and avoid
pain.
• Crime provides some pleasure to the
criminal.
• To deter crime, he believed that one must
administer pain in an appropriate amount
to counterbalance the pleasure obtain
from crime.
• Famous in sayings “ Let the punishment fit
the crime”
 CLASSICAL SCHOOL

Reforms:
• prompt administration of clearly prescribed and
consistent punishment
• well-publicized laws made by legislature not by
individual courts or judges
• abolition of torture in prisons
• use of penal system to deter would-be offenders
rather than simple punishment to those convicted
 CLASSICAL SCHOOL
Jeremy Bentham
- invented the panopticon prison design
Panopticon means “allows an observer to observe”
 CLASSICAL SCHOOL

• proposed “Utilitarian Hedonism” which explains that

person always acts in such a way to seek pleasure and
avoid pain.
• he reasoned that in order to deter individuals from
committing crimes, the punishment, or pain, must be
greater than the satisfaction, or pleasure, he would gain
from committing the crime
• his contribution to classical school of criminology is the
concept of utilitarianism and the felicific calculus.
 CLASSICAL SCHOOL
Utilitarianism
– is a philosophy which 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”.
 
Felicific Calculus or the pleasure-and-pain principle – is a
theory that proposes that individuals calculate the
consequences of his actions by weighing the pleasure (gain)
and the pain (suffering) he would derive from doing the
action.
 NEO-CLASSICAL SCHOOL
- agrees that people have free will
- but, children and lunatics should not be regarded as
criminals and not be punished since they cannot
calculate pleasure and pain
According to the Neo-Classical School, the Classical School is correct
in its proposition that people have free will. However, why did the
suggest that children and lunatics should not be punished?
A. Because they are too young to be punished.
B. Because they do not know that whether what they have done is
right or wrong.
C. Because they are too fragile and weak to be punished.
D. Because they do not have the capability to know the essence of
punishment
 POSITIVIST SCHOOL

- presumed that criminal behavior is

caused by internal and external factors
outside of the individual’s control
THE (UN) HOLY THREE (3) OF CRIMINOLOGY

1. Cesare Lombroso
2. Enricco Ferri
3. Raffaelle Garofalo
 POSITIVIST SCHOOL
Cesare Lombroso
- an Italian criminologist and founder of the
Italian School of Positivist Criminology
- considered as the Father of Criminology
Took a scientific approach for studying crime
(empirical evidence)
- considered Founder of Criminal Anthropology
Suggested that physiological traits such as the
measurement of one’s cheek bones or hairline
is considered to be indicative of “atavistic”
criminal tendencies
 POSITIVIST SCHOOL

Three Types of Criminal according to Lombroso

1. Atavistic – considered as born criminals.
2. Insane Criminal – those people who become
criminals due “alteration of the brain which
completely upsets their moral nature”.
3. Criminaloid – those who commit crime
because they have less self-control and
physical stamina.
 POSITIVIST SCHOOL

• Habitual criminals – who become criminals by

contact with other criminals, abuse of alcohol or
other “distressing circumstances”.
• Juridical criminals – who fall afoul of the law by
accident.
• Criminal by passion – those hot-headed and
impulsive persons who commit violent acts when
provoked.
POSITIVIST SCHOOL

Enrico Ferri
- a student of Lombroso who believed that
social as well as biological factors played a
role and that criminals should not be held
responsible because the factors causing
their criminality were beyond their control
POSITIVIST SCHOOL

Raffaele Garofalo
• He treated the roots of the criminals’ behavior not
to physical features but to their psychology
equivalent, which he referred to as moral
anomalies.
• He rejected the doctrine of freewill.
• Classified criminals as Murderers, Violent Criminals,
Deficient Criminals, and Lascivious Criminals.
 SOCIOLOGY OF LAW
General Types of Law

• Natural Laws – those that protect against harm to

persons or property
- those laws contained in the Revised Penal Code
called mala in se

Ex. murder, rape, assault, theft, robbery, malicious

mischief
 SOCIOLOGY OF LAW
General Types of Law

• Statutory Laws – those enacted by legislatures and

reflect current cultural norms
- those penal laws created by the Congress called
mala prohibita

Ex. RA 9165 – law that prohibits use of dangerous

drugs
RA 10591 – law that prohibits illegal possession
of firearms
 SOCIOLOGY OF LAW
General Types of Law

• Divine Laws – those rules enshrined in the Holy

Book

Ex. Ten Commandments

 SOCIOLOGY OF LAW
Criminal Law

- that branch or division of law which defines crime,

treats of their nature, and provides for their
punishment

Code of Kalantiao – a customary and unwritten law

promulgated in 1433 which provided severe
punishments
 SOCIOLOGY OF LAW
Characteristics of
Criminal Law
• Generality – provides that criminal law is binding on
all persons who live or sojourn in the Philippines
• Territoriality – states that criminal laws undertake to
punish crimes committed within the Philippine
territory
• Prospectivity – states that penal law cannot make an
act punishable in a manner in which it was not
punishable when committed
 CRIME

- an act committed or omitted in violation of public

law forbidding or commanding it

• Felonies – those in violation of the Revised Penal

Code
• Offenses – those in violation of statutes
• Misdemeanors – those in violation of ordinances
 CRIME

When does Crime exist?

• In the Legal Viewpoint
- crime exists the moment a person has been proven
guilty by the court
• In the Scientific point of view
- crime exists the moment it is reported

Principle of Logomacy – states that there is no crime if

there is now law punishing it.
- that in order to eliminate crime in a certain
area, it also requires abolition of law
 Crime
General Types
of Crime • Blue-Collar Crime - any crime committed by an
individual from a lower social class
• White-Collar Crime - defined by Edwin Sutherland
as “a crime committed by a person of respectability
and high social status in the course of his
occupation.”
• Corporate Crime - committed either by a corporation
or by individuals that may be identified with a
corporation or other business entity
 Crime
General Types • Political Crime - involves overt acts or omissions
of Crime which prejudice the interests of the state, its
government or political system
• Public Order Crime - involves acts that interfere with
the operations of the society and the ability to
function efficiently
• State Crime - the act or omission of a state that
breaks the state’s own law
• State-Corporate Crime - crimes that resulted from
the relationship between the policies of the
state and the policies or practices of
commercial corporations
 Crime
Classification
of Felony

As to the manner of commission

• By means of dolo or deceit – when the act was done
with deliberate intent
• By means of culpa or fault – when the act resulted
from imprudence, negligence, lack of foresight or
lack of skill
 Crime
Classification
of Felony As to the stages of commission
• Attempted crime – when the offender commenced
the commission of the felony directly by overt acts
and does not perform all the acts of execution, which
could produce the felony by reason of some causes
or accident other than his own spontaneous
desistance.

Ex. A man tried to shoot another in the head but

hit his shoulder instead
 Crime
Classification
• Frustrated crime – when the offender has performed
of Felony
all the acts of execution, which will produce the
felony as a consequence, but which, nevertheless, do
not produce the felony by reason of causes
independent of the will of the perpetrator.

Ex. Cardo shot another man hitting his head,

thinking that the man is dying, he left him behind
to die but, the man survived since he was brought
to the hospital.
 Crime
Classification
of Felony
• Consummated crime – when the
elements necessary for its execution
and accomplishment are all present.

Ex. Cardo shot the head of one man and

kills him.
 Crime
Classification
of Felony As to the plurality
• Simple crime – when a single act constitutes
only one offense.
Ex. Act of killing – murder
Act of stealing - theft
• Complex crime – when a single act constitutes
two or more grave felonies or when an offense
is a necessary means for committing the other.
 Crime
Criminological As to the result
Classification • Acquisitive crime – when the offender acquires
of Crime something as a consequence of his criminal act.
• Extinctive crime – when the end result of a criminal
act is destructive.
As to the time or period of commission
• Seasonal crime – those committed only during a
certain period of the year.
• Situational crime – those committed only when
given the situation conducive to its commission
 Crime
Criminological
Classification As to the length of time of commission
of Crime • Instant crime – those committed in the shortest
possible time
• Episodic crime – those committed by a series of acts
in a lengthy space of time
As to the place or location of the commission
• Static crime – those committed only in one place
• Continuing crime – those that can be committed in
several places
 Crime
Criminological
Classification
of Crime
As to the use of mental faculty
• Rational crime – those committed with intent
and offenders are in full possession of their
sanity
• Irrational crime – those committed by persons
who do not know the nature and quality of
their act by reason of disease of the mind
 Crime
Criminological
Classification
of Crime
As to the social status of the offender
• White collar crime – those committed by persons of
respectability and upper socio-economic class in the
course of their occupation
• Blue collar crime – those committed by ordinary
professional criminals to maintain their livelihood
 Crime
Criminological
Classification
of Crime As to the standard of living of the criminals
• Crime of the upper world – those
committed with a high degree of skill
• Crime of the underworld – those
committed through limited ability
 Crime
Reasons for • Crime is pervasive – since crime, as an associate of
studying crime society, affects almost all people regardless of
personal circumstances.
• Crime is expensive – since the government and
private sectors spend an enormous amount of money
for crime detection, prosecution, correction and
prevention.
• Crime is destructive – since many lives have been
lost because of violent crimes and property stolen or
destroyed on account of crimes against property.
 Crime
Reasons for
studying crime

• Crime is reflective – since crime rate or incidence in

a locality is reflective of the social defenses
employed by the people.
• Crime is progressive – since crime increases in
volume on account of the increasing population
 Criminal

In the legal sense

- refers to any person who has been found to
have committed a wrongful act in the course of
the standard judicial processes

In the criminology sense

- refers to any person who has committed an
anti-social even without conviction
 Criminal
General
Classifications On the basis of etiology
of Criminal • Acute criminals – those who violate criminal law
because of the impulse of the moment, fit of passion
or anger or spell of extreme jealousy
Ex. Bong saw his wife getting harassed by a man
so he shot him
• Chronic criminals – those who act with deliberate
thinking
Ex. Bong hates his wife so he planned on
poisoning her coffee one morning.
 Criminal
General On the basis of behavioral system
Classifications • Ordinary criminals – those that engage only on
of Criminal conventional crimes which require limited skill.
• Organized criminals – those that have 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.
• Professional criminals – those that are highly skilled
and able to obtain considerable amount of money
without being detected.
 Criminal
General
On the basis of activities
Classifications •
Professional criminals – those who earn their living
of Criminal
through criminal activities.
• Accidental criminals – those who commit criminal
acts as a result of unanticipated circumstances.
• Habitual criminals – those who continue to commit
criminal acts due to deficiency of intelligence and
lack of self-control.
• Situational criminals – those who are actually not
criminals but are constantly in trouble with legal
authorities.
 Criminal Etiology
“Causes of Approaches
crimes • Single or Unitary Approach - criminal
behavior is caused only by one factor or variable
• Multiple Factor Theory Approach - criminal
conduct is not a product of a single cause or
factor but a combination of several factors
• Eclectic Theory Approach - criminal behavior
at one instance may be caused by one or more
factors, while in other instances, it is caused by
another set of factors
 Criminal Etiology
SUBJECTIV • Anthropological Approach – physical
E
characteristics of an individual offender with
approaches
non-offenders in the attempt to discover
differences covering criminal behavior.
• Medical Approach - application of medical
examinations on the individual criminal
explain the mental and physical condition of
the individual prior and after the commission
of the crime.
 Criminal Etiology
SUBJECTIV • Biological Approach – evaluation of
E genetic influences to criminal behavior.
approaches •
Physiological Approach – nature of human
being concerning his physical needs in order
to satisfy his wants.
• Psychological Approach – deprivation of
the psychological needs of man, which
constitute the development of deviations of
normal behavior resulting to unpleasant
emotions.
 Criminal Etiology
SUBJECTIV
E • Psychiatric Approach – diagnosis of
approaches mental diseases as a cause of the criminal
behavior.

• Psychoanalytical Approach – based on

the Freudian Theory, which traces
behavior as the deviation of the repression
of the basic drives.
 Criminal Etiology
OBJECTIVE •
Geographic Approach – topography, natural
approaches
resources, geographical location, and climate
lead an individual to commit crime.

• Ecological Approach – biotic grouping of

men resulting to migration, competition, social
discrimination, division of labor and social
conflict as factors of crime.
 Criminal Etiology
OBJECTIVE
approaches
• Economic Approach – financial security
of inadequacy and other necessities to
support life as factors to criminality.

• Socio – Cultural Approach – institutions,

economic, financial, education, political,
and religious influences to crime.
• Biological Theories
- purport that criminal behavior is the result of
some flaw in the biological makeup
individual which could be heredity,
neurotransmitter dysfunction
• Anthropological Criminology
- also known as Criminal Anthropology
- combination of the study of human species
and a field of offender profiling, based on
perceived links between the nature of a
crime and the personality or physical
appearance of the offender.
 Biological Studies

• Born Criminal or Atavism

- Cesare Lombroso
- criminals are born with some
physical characteristics which
become the causes of crimes.
 Biological Studies
• Physiognomy
- By Johann Kaspar Lavater
- suggested a link between facial
figures and crime
- the assessment of the person’s outer
appearance, primarily the face, may
give insights into one’s personality
 Biological Studies

• Phrenology
- by Franz Joseph Gall
- a person’s shape of the head can
determine a person’s character,
personality traits and criminality
 Biological Studies
Physique Theory (Ernst Kretschmer)
• Pyknic Type – those who are stout and with
round bodies. (deception, fraud and violence).
• Athletic Type – those who are muscular and
strong. (Violence)
• Asthenic Type – those who are skinny and
slender. (Petty theft and Fraud)
• Dysplastic or Mixed Type – those who have
less clear evident having any predominant
type. (against ,morality and decency).
 Biological Studies
Somatotype Theory (William Sheldon)
• Ectomorphic – body characterized by long arms
and legs and short upper body and narrow
shoulders
• Mesomorphic – body characterized by a high rate
of muscle growth, have large bones, solid torso
combined with low fat levels
• Endomorphic – body characterized by an
increased amount of fat storage, have wide waist
and large bone structure.
 Biological Studies
Study of Kallikak Family Tree
- studied by Henry H. Goddard
- feeble-mindedness was the result of a single
recessive gene
- a soldier named Martin Kallikak married a feeble-
minded woman and found out that the six
generations of the family has “an appalling
amount of defectiveness”
- when he married a “respectable girl of a good
family” he produced children with marked
- tendencies toward professional careers
 Biological Studies
• Study of Juke Family Tree
- by Richard Dugdale
- studied a clan of 700 criminals, prostitutes,
and paupers descended from “Margaret Ada
Jukes, the Mother of Criminals”
 Biological Studies

• Study of Sir Jonathan Edwards Family

Tree
- Sir Jonathan Edwards was a famous
preacher, his family tree was traced
and none of his descendants were
criminal
 Psychoanalytic Theory
SIGMUND
FREUD The Structure of Personality/Tripartite Personality
• Id
- the pleasure principle
- allows a person to get his basic needs
- refers to the selfish, primitive, childish, pleasure-
oriented part of the personality with no ability to
delay gratification
- wants immediate satisfaction, with no consideration
for the reality of the situation
 Psychoanalytic Theory
SIGMUND
FREUD • Ego
- the reality principle
- meets the needs of the id, while taking
into account the constraints of reality
- acknowledges that being impulsive or
selfish can sometimes hurt an individual
so the id must be constrained
 Psychoanalytic Theory
SIGMUND
FREUD • Superego
- the conscience of man
- internalizes societal and parental standards
of “good” and “bad”, “right” and “wrong”
behavior
- strong superego serves to inhibit the
biological instincts of the id whereas
- weak superego allows the id more
expression that results to low level of guilt
 Psychoanalytic Theory
Levels of Awareness (Topographical Model by
Freud)
• The Conscious Level – consists of whatever
sensations and experiences a person is aware of
at a given moment of time.
• The Preconscious Level – called the “available
memory” encompassing all experiences that
are not conscious at the moment, but which can
be easily be retrieved into awareness either
spontaneously or with a minimum of effort.
 Psychoanalytic Theory

• The Unconscious Level – the deepest and

major stratum of the human mind, the
storehouse for primitive instinctual drives
plus emotion and memories that are so
threatening to the conscious mind that they
have been repressed, or unconsciously
pushed into the unconscious mind
 Psychoanalytic Theory
Kinds of Trait refers to the characteristics of an
individual describing a habitual way
of behaving, thinking and feeling
• Common Traits – shared by most members of a
particular culture
• Individual traits – define a person’s unique
individual qualities
• Cardinal traits – so basic that all person’s activities
relate to it, powerful and dominating behavioral
disposition
 Psychoanalytic Theory

• Central traits – core traits that characterize an

individual’s personality, major characteristics
that are quite generalized and enduring
• Secondary traits – inconsistent, less
generalized and less enduring that affects
behaviors in specific circumstances
 Psychoanalytic Theory
Lewis Goldberg’s Trait Theory
• Extraversion – sociable, outgoing, talkative,
assertive, persuasive, decisive and active
• Neuroticism – prone to emotional instability,
moody, irritable, nervous and prone to worry
• Conscientiousness – dependable, organized,
reliable, responsible, thorough, hard-working, and
persevering
• Agreeableness – pleasant, good-natured, warm,
sympathetic, and cooperative
• Openness to experience – imaginative, curious,
broad-minded and cultured
 Personality Trait (Hans Eysenck)

1. Extrovert – sociable, out-going, and active

2. Introvert – withdrawn, quiet, and
introspective
3. Emotionally Unstable – being anxious,
excitable, and easily disturbed
 Four Types of Temperament

1. Melancholic – sad, gloomy

2. Choleric – hot-tempered, irritable
3. Phlegmatic – sluggish, calm
4. Sanguine – cheerful, hopeful
 Mental Deficiency
condition of arrested or incomplete development of the mind existing
before the age of 18, whether arising from inherent causes or induced
by disease or injury

• Idiots – with mental defectiveness of such

degree that they are unable to guard themselves
from common physical dangers
• Imbeciles – incapable of managing themselves
on their affairs
 Mental Deficiency

• Feeble-minded – require care, supervision and

control for their own or for the protection of
others, or appear to be permanently incapable
of receiving proper benefit from instruction in
ordinary schools
 Mental Deficiency
• Schizophrenia – characterized by thinking
disturbance
• Compulsive Neurosis – uncontrollable or
irresistible impulse to do something
• Psychopathic Personality – characterized by
infantile level of response, lack of conscience,
a deficient feeling of affection to another and
aggression to the environment and other people
 SOCIOLOGICAL THEORIES
Sociological Causes
- refer to things, place and people with
whom man comes in contact and
which play a part in determining
actions and conduct and may bring
about the development of criminal
behavior
 SOCIOLOGICAL THEORIES
Differential Association Theory
- by Edwin Sutherland
- proposed that through interaction with
others, individuals learn the values,
attitudes, techniques, and motives for
criminal behavior
- criminal behavior is learned in
interaction with other persons
 SOCIOLOGICAL THEORIES
Differential Identification Theory
- by Daniel Classer
- maintained that a person pursues
criminal behavior to the extent that it
identifies himself with a real or
imaginary person from whose
perspective his criminal behavior seems
acceptable
 SOCIOLOGICAL THEORIES
Imitation-Suggestion Theory
- by Gabriel Tarde
- delinquency and crime are matters that are
learned and adopted
- the learning process may either be:
a. Imitation - conscious type of copying
b. unconscious copying (suggestion) of
confronting patterns of behavior
 SOCIOLOGICAL THEORIES

Differential Social Organization Theory

- or Social Disorganization Theory
- by Henry McKay and Clifford R. Shaw
- exists when there is a social change, conflict of
values between the new and old
- it exists when there is lack of well-defined limit to
behavior, a breakdown of the rules and absence of
definite role for the adolescence to play
 SOCIOLOGICAL THEORIES
Conflict of Culture Theory
- Thorsten Sellin
- the more complex the culture becomes,
the greater is the chance that the norms of
various groups will conflict
- the increase of population aggravates the
cultural diversity and exposure of children
to varied cultures
 SOCIOLOGICAL THEORIES
Containment Theory by Walter Reckless
This theory suggests that individuals are
pushed and pulled into crime.
 Pushes- are elements that pressure individuals
to engage in delinquency such as poverty,
unemployment, economic insecurities, group
conflicts, minority group status, lack of
opportunities and inequalities.
 SOCIOLOGICAL THEORIES
Pull- are elements that draws
individuals away from the accepted
norms of favor. examples: bad
companions, delinquency of criminal
subculture, deviant groups, mass
media and propaganda.
 SOCIOLOGICAL THEORIES
Walter Reckless’ Inner and Outer Containment

 Inner Containment- It involves the ability to

withstand pressures and pulls, to handle conflicts,
to divert oneself from exciting risks, and to stay out
of trouble.

There are four main elements of inner containment:

Self-Concept, Goal Orientation, Frustration Tolerance,
and Norm Retention.
 SOCIOLOGICAL THEORIES
Self-concept- where individuals has an image
of himself as either the type of person to
adhere to the law or to break it. It is seen as
protective when individuals view themselves as
law-abiding citizens.
Goal Orientation- a second element of
containment which in reference to a person
having a sense of direction in life, a purpose, an
aspiration towards a ‘goal’ which is realistic and
achievable in a legitimate way.
 SOCIOLOGICAL THEORIES
Frustration Tolerance- the third element
which pertaining to elf-control.

Norm Retention- this is the adherence and

acceptance of laws, codes, norms, customs, and
so on.
 SOCIOLOGICAL THEORIES
 Outer Containment- Consists of
effective family, in which problems are
averted or handled; of in a life community
which still retains an interest in the activities
of its members; of membership in an
organization that are interested in the
activities of its members, etc.; as well as
influence of good companions.
 SOCIOLOGICAL THEORIES

Anomie Theory
- Emile Durkheim
- the lack of norms or pre-accepted limits on
behavior in a society leads to deviant behavior
a condition where social and moral norms are
confused, unclear, or simply not present
 SOCIOLOGICAL THEORIES

Strain Theory
- Robert Merton
- asserts that if the social structure of
opportunities is unequal and prevents
the majority from realizing the dream,
some will turn to illegitimate means in
order to realize the dream
 SOCIOLOGICAL THEORIES

Symbolic Interactionism
- Edmund Husserl and George Herbert Mead)
- relies on the symbolic meaning that people
develop and rely upon the process of social
interaction, people interpret one another’s
behavior and it is these interpretations that
form the social bond
SOCIOLOGICAL THEORIES

Drift Theory
- David Matza
- delinquent youth are “drifting” between
criminal and non-criminal behavior, and
are relatively free to choose whether to
take part in delinquency
 SOCIOLOGICAL THEORIES
Routine Activity Theory
- Marcus Felson and Lawrence Cohen
- purports that crime opportunity requires
that these three elements converge in
time and place:
a. a motivated offender
b. suitable target or victim
c. lack of capable guardian
SOCIOLOGICAL THEORIES

Labeling Theory
- Becker and Lemert
- argues that anyone facing an overwhelming,
negative labeling social reaction will
eventually become more like the label
because that is the only way out of their
identity formation
- points out that sometimes its best to do
nothing
 SOCIOLOGICAL THEORIES
Control Theory
- or Social Bond or Social Control Theory
- Travis Hirschi
- tries to explain why people do not become
criminal by identifying these four
characteristics:
a. attachment to others
b. belief in moral validity of rules
c. commitment to achievement
d. involvement in conventional activities
 SOCIOLOGICAL THEORIES
Four Types of Controls are:
a.Direct- by which punishment is threatened
or applied to wrongful behavior, and
compliance is rewarded by parents, family,
and authority figures.
b.Indirect- by which a youth refrains from
delinquency through conscience or
superego.
 SOCIOLOGICAL THEORIES
a.Internal- by which identification with
those who influence behavior, say because
his or her delinquent act might cause pain
and disappointment to parents and others
with whom he or she has close
relationships.
b.Control through needs satisfaction- if all
of an individual’s need are met, there is no
point in criminal activity.
 Penology

Penology
- concerned with the control and
prevention of crimes and the treatment
of youthful offenders
- comes from the Latin word “poena”
which means pain or suffering
 Models of Penology

• Retribution Model
- Code of Hammurabi – world’s first legal code
which brought forth the principle of lex talionis
law of retaliation
“an eye for an eye, a tooth for a tooth”
Philosophy of Retribution:
• Proportionality – severity of punishment should
correspond to the severity of the harm done and the
type of punishment should resemble the crime
 Models of Penology
• Just Deserts – punishment is deserved by the
wrongdoer simply because they committed a
transgression
• Equity – all offenders who commit the same crime
with the same degree of culpability get exactly the
same punishment
• Reciprocity – we feel satisfied that the offender has
been appropriately punished.
• Retributive – upholding of human dignity through
mutual acceptance of a fair and just punishment
 Models of Penology

• Justice Model
- introduced by David Fogel
- rejects rehabilitation and indeterminate
sentence
- holds that correctional institution exists
to execute a sentence that primarily
involves a restriction of freedom of
movement
 Models of Penology

• Utilitarianism Model
- punishment exists to ensure continuance of
society and to deter people from committing
crimes

Deterrence – punishment should not be harsh but

appropriate (severity), prompt (celerity) and inevitable
(certainty)
 Models of Penology

Kinds of Deterrence:
a. Specific deterrence – punishing an
individual so that he will not commit the
crime again
b. General deterrence – punishing an individual
to set an example to society so that others
will not commit the same crime
 Models of Penology

• Restorative Justice Model

- a broad field which seeks to maximize
forgiveness, hope, accountability and
positive outcomes for all parties who have
experienced the most harm
 Punishment
- the redress taken by the state against an offending
member of society that usually involves pain and
suffering
• A collective responsibility – everyone in the social
group was required to take part in at least public
condemnation of the offender with the intent of
preventing the cause to spread throughout the social
group
• A formal responsibility – carried out by professional
specialist in the employ of
governments
 Punishment
• Capital Punishment – infliction of death penalty
• Corporal Punishment – infliction of physical pain

Methods of death penalty

- Hanging
- Asphyxiation
- Crucifixion
- Beheading or decapitation
- Lethal injection
- Shooting – through firing squad
 Punishment

- Being thrown from a height

• Rome – flinging murderers and traitors from the
Tarpeian Rock
• Defenestration – throwing someone from a
window
• Death flights – victims are pushed out of planes
and into the ocean to drown
 Punishment

- Animal methods:
• Quartering – tearing apart by horses
• Attack by wolves, lions, rodents, crocodiles, crabs
or insects
• Poison stings from scorpions and bites from
snakes
 Punishment
Corporal Punishment
• whipping – offenders are tied to a “whipping
post” and thrashed with a “cat-o-nine-tails” (has a
short handle whip with nine leather straps)
• the rack – body is stretched until it has passed the
point of pain
• public humiliation
 Punishment

• “scolds bridle” or brank – a contraption

fitted as a cage around the heads with
metal gag in the mouth
• Scavengers Daughter – constricts the
prisoner into a ball with iron clamps that
bodies are almost broken with
compression
 Justifications of Punishment

• Retribution – to afford the society the opportunity of

imposing upon the offender suitable punishment
• Expiation or Atonement – “group vengeance” where
the purpose is to appease the offended public or
group
• Deterrence – punishment gives lesson to the offender
by showing to others what would happen to them if
they violate the law
 Justifications of Punishment

• Incapacitation and Protection – placing offenders in

prison so that society will be ensured from further
criminal depredations of criminals
• Reformation or Rehabilitation – helping the prisoner
to become law abiding citizen and productive upon
his return to the community
 Penalty
- the suffering inflicted by the state against an
offending member for the transgression of law
Juridical Conditions of Penalty
• Productive of suffering – without however
affecting the integrity of the human personality.
• Commensurate with the offense – different
crimes must be punished with different penalties.
• Personal – the guilty one must be the one to be
punished, no proxy.
 Juridical Conditions of Penalty

• Legal – the consequence must be in accordance with

the law.
• Equal – equal for all persons.
• Certain – no one must escape its effects.
• Correctional – changes the attitude of offenders and
become law-abiding citizens.
 Classification of Penalties

• Capital or Corporal Punishment

• Afflictive Penalties – deprivation of freedom
a. Reclusion Perpetua – 20 years and 1 day to 40
years of imprisonment.
b. Reclusion Temporal – 12 years and 1 day to 20
years imprisonment
c. Prision mayor – 6 years and 1 day to 12 years
 Classification of Penalties
• Correctional Penalties – deprivation of freedom or
restriction of freedom
a. Prision Correctional – 6 months and 1 day to 6
years
b. Arresto Mayor – 30 days and 1 day to 6 months
c. Destierro - the penalty of banishing a person from
the place where he committed a crime,
prohibiting him to get near or enter the 25-km
perimeter
• Light Penalties
a. Arresto Menor – 1 day to 30 days of
imprisonment
1. Institutional Correction – correctional programs
take place inside the correctional facility
2. Non-Institutional Correction – correctional
programs take place within the community
 Institutional Corrections

BJMP
Bureau of Jail Management and Penology
- created by virtue of Republic Act No. 6975
- exercises supervision and control over all “city
and municipal” jails

Jail – place of confinement for those who are awaiting

trial or are serving short sentences
Less than 3 years
 Institutional Corrections

Types of Jails: common in police stations

• Lock-up Jail – a facility for the temporary
detention of persons held for investigation or
awaiting preliminary investigation
• Ordinary Jail – houses offenders awaiting court
trial and those convicted offenders who are
serving sentences that does not exceed 3 years
• Work House, Jail Farm or Camp – facility that
houses minimum custody offenders who are
serving short sentences
 Institutional Corrections
BuCor
Bureau of Corrections
- formerly known as the Bureau of Prisons
- an agency under the DOJ
- RA 10575 - Bureau of Corrections Act of 2013
- charged with custody and rehabilitation of
national offenders, that is, those sentenced to
serve a term of imprisonment of more than three
(3) years
Prison – an institution for the imprisonment of persons
convicted of major or serious crimes with more than 3
years of penalty
 Institutional Corrections

7 Penal Facilities

• New Bilibid Prison

- formerly Old Bilibid Prison (1865)
- Muntinlupa, Rizal
• San Ramon Prison and Penal Farm
- Zamboanga (August 21, 1869)
- for persons convicted of political crimes
 Institutional Corrections

• Iwahig Penal Colony

- found in Puerto Princesa, Palawan (November 16,
1904)
- recognized as the best open institution in the
world
• Correctional Institution for Women
- found in Mandaluyong Rizal
- created by virtue of RA 3579 – November 27,
1929
- the only correctional institution for women
 Institutional Corrections
• Davao Penal Colony
- found in Davao (between Panabo and Tagum)
- created by virtue of Act No. 3732 – January 21,
1932
• Sablayan Prison and Penal Farm
- found in Sablayan, Occidental Mindoro
- created by virtue of Proclamation No. 72 –
September 26, 1954
• Leyte Regional Prison
- found in Abuyog, Southern Leyte
- created by virtue of Proclamation No. 1101
January 16, 1973
 Non - Institutional Corrections

• Probation
- it is a disposition under which an accused, after
conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer
- PD 968 – the Law on Probation
 Non - Institutional Corrections
• Parole
- an instance by which prisoners are released on the
basis of their response to the correctional
institution and service programs and by which
they are provided with necessary control and
guidance as they serve the remainder of their
sentence in a free community
Released when they have served the minimum
of their sentence
- provided by Act No. 4103 (Indeterminate
Sentence Law)
 Non - Institutional Corrections

Executive Clemency
- the authority of the President of the Philippines to
suspend the execution of a penalty, reduce the
sentence and extinguish criminal liability
a. Pardon
b. Amnesty
c. Commutation of Sentence
d. Reprieve
 Non - Institutional Corrections

• Pardon – a privilege granted to a convict as a

discretionary act of grace of the President of the
Philippines
1. Absolute Pardon - total extinction of the criminal
liability of the individual to whom it is granted
without any condition whatsoever and restores to
the individual his civil rights and remits the
penalty imposed for the particular offense of
which he was convicted
total extinction
 Non - Institutional Corrections

2. Conditional Pardon - exemption of an individual,

within certain limits or conditions from the
punishment that the law inflicts for the offense he
has committed resulting in the partial extinction of
his criminal liability
partial extinction
 Non - Institutional Corrections

“Oblivion” – forgetting
• Amnesty
- a general pardon extended to a group of persons,
such as political offenders purposely to bring
about the return of dissidents to their home and to
restore peace and order in the community

with concurrence of the Congress

 Non - Institutional Corrections

• Commutation of Sentence
- act of reducing a heavier sentence to a lighter one
or a longer term into a shorter term
- May:
a. alter death sentence to life sentence
b. life sentence to a term of years
 Non - Institutional Corrections

• Reprieve
- the temporary stay of the execution of sentence
especially the execution of the death sentence
death penalty
 VICTIMOLOGY

Victim
- a person who has been harmed by a perpetrator
- a person who suffers direct or threatened physical,
emotional or financial harm as a result of an act
by someone else
- a person who, because of natural disaster or man-
made cause, has suffered harm through acts or
omissions that violate criminal laws
 VICTIMOLOGY
- Simply the study of victims
- Coined on 1947 by Benjamin Mendelsohn
- comes from the Latin term “victima” – used to
describe individuals whose lives were destined to be
sacrificed to please a diety

“The study of etiology of victimization, its

consequences, the assistance and accommodation
of the criminal justice system on victims, and how
the elements of society like the media deal with
crimes”
 VICTIMOLOGY
Mendelsohn’s Victim Typology
1. Completely innocent victim – no provocative or
facilitative behaviors
2. Victim with minor guilt – inadvertently places
himself in a compromising situation
3. Victim as guilty as offender – engages in vice
crimes and is hurt, including suicide victims
4. Victim guiltier than offender – provokes or
instigates the causal act
5. Most guilty victim – starts off as the offender
and in turn, is hurt
6. Imaginary victim – pretends to be a victim
 VICTIMOLOGY
Von Hentig’s 13 Categories of Victims
1. Young – physically weaker, less mental prowess,
fewer legal rights, economically dependent on
their caretakers
2. Females – physically weaker than men, are
culturally conditioned to accept men's authority,
financially dependent, conditioned to believe that
their value is associated with their bodies and
sexuality.
3. Old – many of the same vulnerabilities as children
 VICTIMOLOGY

4. Immigrants – foreigners unfamiliar with the

culture, gaps in communication and
comprehension
5. Depressed – persons with various psychological
illnesses, can expose themselves to all manner of
danger
6. Dull normal – simple-minded persons
7. Mentally defective/deranged – the feeble-minded,
the "insane," drug addicts and alcoholics: have an
altered perception of reality
 VICTIMOLOGY

8. The acquisitive – greedy, looking for quick gains,

may suspend their judgment or put themselves in
dangerous situations to achieve their goals
9. Minorities – racially disadvantaged, groups against
which there is some amount of bias and prejudice
10. Wanton – promiscuous persons, engage
themselves in indiscriminate sexual activity with
different partners
 VICTIMOLOGY

11. The lonesome and heartbroken – widows,

widowers, those in mourning, prone to substance
abuse and become easy prey
12. Tormentor – abusive parents, expose themselves
to the harm they inflict, the resulting angst and
degree to which their victims fight back
13. The blocked, exempted, and fighting – victims of
blackmail, extortion, and confidence scams,
exposed to continual financial loss or physical
harm
 VICTIMOLOGY
Crime Victim Any person, group, or entity who has
suffered injury or loss which may be
physical, psychological or economic
due to illegal activity
Kind of Crime Victim
1. Direct or Primary Crime Victim – directly suffers
the harm or injury
2. Indirect or Secondary Crime Victim – those who
experience the harm second hand like intimate
partners or significant others
Includes: police officers, firefighters and
those who respond to crime scenes
 VICTIMOLOGY

3. Tertiary Crime Victim – those who experience the

harm vicariously such as through media accounts,
watching the news regarding crime incidents
scares or affects them
 Crime Prevention and Protection
Crime Prevention and Protection – defined as
anything that reduces the level of crime or the
perceived fear of crime

Frameworks of Crime Prevention

1. It is focused on making the environment safe
from crime.
2. It may reduce the potential for crime in high-
risk situations.
3. Halt the possibility of future crime.
 Crime Prevention and Protection

Stages of Crime Prevention

1. Primary prevention
- involves altering the environment in such a way
that the root causes or at least the facilitators of
crime are eliminated
 Crime Prevention and Protection

2. Secondary prevention
- also called Situational Crime Prevention
- involves a focus upon specific problems, places,
and times with the goal of reducing situation-
specific opportunities for crime and increasing
the risks of committing crime
3. Tertiary prevention
- typically characterized by being reactive, or
after the fact