Introduction to Criminology and Psychology of Crimes

SOCIOLOGY OF CRIME AND ETHICS INTRODUCTION TO CRIMINOLOGY and PSYCHOLOGY OF CRIMES (CRIM 1) CRIMINOLOGY -

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the entire body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them a body of knowledge regarding delinquency and crime as a social phenomenon; it includes within its scope, the making of laws, the breaking of laws and the reactions toward the breaking of laws (Edwin Sutherland) the scientific study of the causes of crime in relation to man and society who set and define rules and regulations for himself and others to govern the study of crimes, causes of crimes, the meaning of crime in terms of law and community reaction to crime the study that aims to explain the connection between crime and the personal characteristics of the offender including his environment The scientific study of crimes extended in three basic lines:

1) 2) 3)

and

criminals

is

nature of criminal law and its administration causes of crimes and behavior of criminals control of crimes and rehabilitation of offenders

NATURE OF CRIMINOLOGY 1)

It is an applied science. In the study of the causes of crimes, anthropology, psychology, sociology and other natural sciences may be applied. While in crime detection, chemistry, medicine, physics, mathematics, ballistics, polygraphy, questioned document examination may be utilized. This is called instrumentation. 2) It is a social science. In as much as crime is a social creation, that it exists in a society being a social phenomenon, its study must be considered a part of social science.

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3)

It is dynamic. Criminology changes as social condition changes. It is concomitant with the advancement of other sciences that have been applied to it. 4) It is nationalistic. The study of crimes must be in relation with the existing criminal law within a territory or country. The question as to whether an act is a crime is dependent on the criminal law of a state. It follows therefore that the causes of crime must be determined from its social needs and standards. SCOPE OF THE STUDY OF CRIMINOLOGY 1) 2) 3)

study of the origin and development of criminal law study of the causes of crimes and development of criminals. study of the different factors that enhances the development of criminal behavior, such as: a) criminal demography – the study of the relationship between criminality and population b) criminal epidiomology – the study of the relationship between environment and criminality c) criminal ecology – the study of criminality in relation to the spatial distribution in a community d) criminal physical anthropology – the study of criminality in relation to physical constitution of men e) criminal psychology – the study of human behavior in relation to criminality f) criminal psychiatry – the study of human mind in relation to criminality g) victimology – the study of the role of the victim in the commission of a crime

CRIME -

an act or omission in violation of a public law forbidding or commanding it

TRIANGLE OF CRIME/ELEMENTS OF CRIME 1) DESIRE 2) CAPABILITY/ABILITY 3) OPPORTUNITY CRIME OF COMMISSION an act that is in violation of a law forbidding it 1

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performing an act that is prohibited by law

CRIME OF OMISSION an act that is in violation of a law commanding it failure to perform an act that is commanded by law ACT -

any action with outward manifestation overt and physical action done in pursuance manifestation of a criminal design or intent

and

SUB-CLASSIFICATION OF CRIMES 1)

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 2) OFFENSE an act or omission in violation of a special law 3) INFRACTION an act or omission in violation of a city or municipal ordinance ELEMENTS OF A FELONY a)

INTENTIONAL FELONIES: felonies committed by means of dolo (deceit) the act or omission is performed with deliberate intent or malice 1) freedom or voluntariness o when the person acted on his own accord, without irresistible force and/or uncontrollable fear 2) intelligence o when the person who committed the crime has the ability to determine what is right from what is wrong and to realize the consequences of one’s act 3) intent o when the person knowingly and purposely committed the crime to effect the desired result

b)

CULPABLE FELONIES: 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 simply the incident of another act performed without malice 1) imprudence 1

o deficiency in action; failure to take the necessary precaution to prevent the danger due to carelessness 2) negligence o deficiency in perception; failure to foresee the danger 3) lack of foresight o when the crime resulted due to the person’s inability to predict the obvious possible outcome of his actions 4) lack of skill o when the crime resulted because the person does not have the necessary skill to perform the action safely LEGAL CLASSIFICATION OF CRIMES 1)

as to the manner crimes are committed: a) by means of dolo or deceit b) by means of culpa or fault

2)

as to the stages in the commission of crimes: a) consummated crime – when all the elements necessary for its execution and accomplishment are present b) frustrated crime – when the offender has performed all the acts of execution which will 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)

attempted crime - when the offender commences the commission of a crime directly by overt acts and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance

3)

according to plurality: a) simple crime – single act constituting only one offense b) complex crime – single act constituting two or more grave felonies or an act is a necessary means for committing the other (ex. Robbery with Homicide, Robbery with Rape,

4)

according to gravity: 1

a) b) c)

grave felonies – those to which the law attaches the capital punishment or afflictive penalties less grave felonies – those to which the law attaches correccional penalties light felonies – those to which the law attaches the penalty of arresto menor or a fine not exceeding P200.00

CRIMINOLOGICAL CLASSIFICATION OF CRIMES 1)

2)

3)

4) 5)

6)

according to the result of the crime: a) acquisitive crime – the offender acquires something b) extinctive crime – the consequence of the act is destructive according to the time or period of the commission of the crime: a) seasonal crime – committed only during a certain period of the year b) situational crime – committed only when the situation is conducive to its commission according to the length of time of the commission of the crime: a) instant crime – committed in the shortest possible time b) episoidal crime – committed by a series of acts in a lengthy space of time according to the place or location: a) static crime – committed in only one place b) continuing crime – committed in several places according to the use of mental faculties: a) rational crime – committed with intent and the offender is in full possession of his sanity b) irrational crime – committed by an offender who does not know the nature and quality of his act on account of the disease of the mind according to the type of offender: a) white-collar crime – committed by a person belonging to the upper socio-economic class in the course of his occupational activities b) blue-collar crime – committed by ordinary professional criminal to maintain his livelihood

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CRIME STATISTICS attempts to provide a statistical measure of the level, or amount of, crime that is prevalent in societies usually refers to figures compiled by the police and similar law enforcement agencies INDEX CRIMES crimes which are sufficiently significant and which occur with sufficient regularity to be meaningful, such as murder, homicide, physical injury, robbery, theft and rape NON-INDEX CRIMES all types of crimes not considered as index crimes CRIME RATE measure of the rate of occurrence of crimes committed in a given area and time the number of crimes committed among a given number of persons the number of crimes committed per 100,000 population stated mathematically: crime rate =

number of crimes _______________________

X

100,000

total number of population CRIME INCIDENCE the number of crimes reported as to index or nonindex within a given period CRIMINAL in the legal sense, a criminal is any person who has been found to have committed a wrongful act in the course of the standard judicial process; there must be a final verdict of his guilt in the criminological sense, a person is already considered a criminal the moment he committed a crime GENERAL CLASSIFICATION OF CRIMINALS 1)

on the basis of etiology: 1

a)

2)

3)

acute criminals – persons who violate criminal law because of the impulse of the moment, fit of passion or anger b) chronic criminals – persons who acted in consonance with deliberated thinking, such as: b.1) neurotic criminals – persons whose actions arise from the intra-psychic conflict between the social and anti-social components of his personality b.2) normal criminals – persons whose psychic organization resembles that of a normal individual except that he identifies himself with criminal prototype on the basis of behavioral system: a) ordinary criminals – the lowest form of criminal career; they engage only in conventional crimes which require limited skill b) organized criminals – these criminals have a high degree of organization that enables them to commit crimes without being detected and committed to specialized activities which can be operated in large scale businesses c) professional criminals – these are highly skilled and able to obtain considerable amount of money without being detected because of organization and contact with other professional criminals on the basis of activities: a) professional criminals – those who earn their living through criminal activities b) accidental criminals – those who commit criminal acts as a result of unanticipated circumstances c) habitual criminals – those who continue to commit criminal acts for such diverse reasons due to deficiency of intelligence and lack of control d) situational criminals – those who are actually not criminals but get in trouble with legal authorities because they commit crimes intermixed with legitimate economic activities

INTRODUCTION TO THE STUDY OF CRIMINAL LAW CRIMINAL LAW or PENAL LAW that branch of public law which defines crimes, treats of their nature and provides for their punishment

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REVISED PENAL CODE (ACT 3815) the book that contains the Philippine criminal law effectivity of the RPC is 1 January 1932 CHARACTERISTICS OF CRIMINAL LAW 1) It is general in application/ GENERALITY: The provisions of the criminal or penal law must be applied equally to all persons within the territory regardless of sex, race, nationality and other personal circumstances, with the following exceptions: a) heads of state or country b) foreign diplomats and ambassadors 2) It is territorial in character/ TERRITORIALITY: As 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 applications and by the operation of international law of nations. The Revised Penal Code and the other special laws are applicable only to the areas within the Philippine territorial jurisdiction, such as: a) Philippine archipelago – all the islands that comprise the Philippines b) atmosphere water – all bodies of water that connect all the islands such as bays, rivers and streams c) maritime zone – the three (3) mile limit beyond our shore measured at low tide EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL CODE: 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 on Philippine ship or airship; b) should forge or counterfeit any coin or currency note of the Philippine Island or obligations and securities issued by the government of the Philippines; c) while being a public officer or employee, should commit an offense in the exercise of their functions d) should commit any of the crimes against national security and law of nations 3) It is prospective or irretrospective/PROSPECTIVITY: No person may be punished for his act when at the time he committed the act, it is still not yet punishable by law. 1

However, penal laws may be given retroactive effect when it is favorable to the accused. 4) It is specific and definite. Criminal law must give a strict definition of a specific act which constitutes an offense. Where there is doubt as to whether a definition embodied in the Revised Penal Code applies to the accused or not, the judge is obligated to decide the case in favor of the accused. Criminal law must be construed liberally in favor of the accused and strictly against the state. 5) It is uniform in application. An act described as a crime is a crime no matter who committed it, wherever committed in the Philippines and whenever committed. No exceptions 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 a difference in the enforcement of a given specific provision of the penal law. 6) There must be a penal sanction or punishment. Penal sanction is the most essential part of the definition of the crime. If there is no penalty to a prohibited act, its enforcement will almost be impossible. The penalty is acting as a deterrence and as a measure of self-defense of the state to protect society from the threat and wrong inflicted by the criminal.

THE EVOLUTION OF CRIMINOLOGY ORIGIN OF THE WORD “CRIMINOLOGY” The term criminology was derived from the Italian term “criminologia” coined by Raffaelle Garofalo, an Italian law professor, in 1885. In 1887, Paul Topinard, a French anthropologist, used the term “criminologie”. An American criminologist in the person of Edwin Sutherland introduced his own definition of the term “criminology”. According to him, criminology is the entire body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making laws, of breaking laws and of reacting towards the breaking of the laws.

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EVOLUTION OF CRIMINAL LAWS A) B) 1) -

a) b) c)

d) e) 2) -

PREHISTORIC CRIME AND PUNISHMENT Primitive Tribes punishment may be in the form of ostracism and expulsion adultery may be punished by the aggrieved husband who may kill the adulterer and his own offending wife crime may be avenged by the victim himself or by the victim’s family THE EARLY CODES CODE OF HAMMURABI Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first codifier of laws it provides the first comprehensive view of the laws in the early days the Code was carved in stone the “law of talion”, or the principle of “tit for tat”, (an eye for an eye, tooth for a tooth) appears throughout the Code under the principle of the law of talion, the punishment should be the same as the harm inflicted on the victim Highlights of the Code of Hammurabi: compensation to the victim of a robbery by the authorities of the city in which the robbery occurred if the thief was not caught the killer is answerable not to the family of the victim but to the king death was the penalty for robbery, theft, false witness, building a house that falls on its owner (if the house should collapse and kill the owner’s son, the son of the builder would be the one executed) a son who struck his father would suffer the amputation of a hand if in an assault a victim’s bone was broken, the same bone of the assailant would be broken THE HITTITES the Hittites existed about two centuries after Hammurabi and eventually conquered Babylon Highlights of the laws of the Hittites: capital punishment was used for many offenses, except for homicide or robbery rape, sexual intercourse with animals, defiance of the authority and sorcery were all punishable by death

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3) 4) -

5) -

the law of homicide provided for the restitution to the victim’s heirs law enforcement and judicial functions were placed in the hands of commanders of military garrisons CODE OF DRAKON knows as the “ultimate in severity” codified by Drakon, the Athenian lawgiver of the seventh century BC Highlights of the Code of Drakon: death was the punishment for almost every offense murderers might avoid execution by going into exile; if they return to Athens, it was not a crime to kill them death penalty was administered with great brutality LAWS OF SOLON Solon was appointed archon and was given legislative powers Solon repealed all the laws of the Code of Drakon, except the law on homicide Solon was one of the first to see that a lawgiver had to make laws that applied equally to all citizens and also saw that the law of punishment had to maintain proportionality to the crimes committed Highlights of the Laws of Solon: the thief was required to return stolen property and pay the victim a sum equal to twice its value for the crime of temple robbery, the penalty was death for rape of a woman, the penalty was a fine of certain amount ROME’S TWELVE TABLES Roman law began with the Twelve Tables which were written in the middle of the sixth century BC the Twelve Tables were the foundation of all laws in Rome and written in tablets of bronze the Twelve Tables were drafted by the Decemvirs, a body of men composed of patricians Highlights of the Twelve Tables: if a man break another’s limb and does not compensate the injury, he shall be liable to retaliation a person who committed arson of a house or a stack of corn shall be burned alive judges who accepted bribes as well as those who bribed them were subject to execution any act of treason was punishable by crucifixion

SCHOOLS OF THOUGHT IN CRIMINOLOGY 1

CLASSICAL CRIMINOLOGY This school of thought is based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions. According to classical criminologists, individuals have free will. They can choose legal or illegal means to get what they want, fear of punishment can deter them from committing crime and society can control behavior by making the pain of punishment greater than the pleasure of the criminal gains. This theory, however, does not give any distinction between an adult and a minor or a mentally-handicapped in as far as free will is concerned. FOUNDERS OF THE CLASSICAL CRIMINOLOGY 1)

CESARE BONESANA MARCHESE DI BECCARIA (1738-1794) published a book entitled “On Crimes and Punishment” in 1764; this book presented a coherent and comprehensive design for an enlightened criminal justice system that was to serve the people his book contains almost all modern penal reforms but its greatest contribution was the foundation it laid for subsequent changes in criminal legislation his book was influential in the reforms of penal code in France, Russia, Prussia and it influenced the first ten amendments to the US Constitution

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM “In forming a human society, men and women sacrifice a portion of their libery so as to enjoy peace and security.” “Punishments that go beyond the need of preserving the public safety are in their nature unjust.” “Criminal laws must be clear and certain. Judges must make uniform judgments in similar crimes.” “The law must specify the degree of evidence that will justify the detention of an accused offender prior to his trial.” “Accusations must be public. False accusations should be severely punished.” “To torture accused offenders to obtain a confession is inadmissible.” 1

“The promptitude of punishment is one of the most effective curbs on crime.” “The aim of punishment can only be to prevent the criminal from committing new crimes against his countrymen, and to keep others from doing likewise. Punishments, therefore, and the method of inflicting them, should be chosen in due proportion to the crime, so as to make the most lasting impression on the minds of men…” “Capital punishment is inefficacious and its place should be substituted life imprisonment.” “It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation.” JEREMY BENTHAM founded the concept of UTILITARIANISM – assumes that all our actions are calculated in accordance with their likelihood of bringing pleasure and pain devised the pseudo-mathematical formula called “felicific calculus” which states that individuals are human calculators who put all the factors into an equation in order to decide whether a particular crime is worth committing or not 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 NEOCLASSICAL CRIMINOLOGY This theory modified the doctrine of free will by stating that free will of men may be affected by other factors and crime is committed due to some compelling reasons that prevail. These causes are pathology, incompetence, insanity or any condition that will make it impossible for the individual to exercise free will entirely. In the study of legal provisions, this is termed as either mitigating or exempting circumstances. POSITIVIST CRIMINOLOGY ORIGIN OF THE CONCEPT OF POSITIVISM During the nineteenth century, the first social scientists began to apply the scientific method to the study of society. August Comte described how as society progressed, people embraced a rational, scientific view of the world. He called this final stage the positive stage of 1

human social development, and those who followed his writings became known as positivists. Those who embraced positivism relied on the strict use of empirical methods – factual, firsthand observations, and measurement of conditions and events – to test hypotheses. Positive theorists were the first to claim the importance of looking at individual difference among criminals. These theorists who concentrated on the individual structures of a person, stated that people are passive and controlled, whose behaviors are imposed upon them by biological and environmental factors. (UN)HOLY THREE OF CRIMINOLOGY CESARE LOMBROSO, ENRICO FERRI and RAFAELLE GAROFALO AUGUST COMPTE considered the FATHER OF POSITIVIST SCHOOL OF CRIMINOLOGY AND SOCIOLOGY applied scientific methods in the study of society from where he adopted the word “sociology” his work prompted scientific studies of human social behavior CESARE LOMBROSO considered the FATHER OF MODERN CRIMINOLOGY due to his application of modern scientific methods to trace criminal behavior, however, most of his ideas are now discredited he claimed that criminals are distinguishable from non-criminals due to the presence of atavistic stigmata – the physical features of creatures at an earlier stage of development he asserted that crimes are committed by those who are born with certain recognizable hereditary traits according to his theory, criminals are usually in possession of huge jaws and strong canine teeth, the arm span of criminals is often greater than their height, just like that of apes who use their forearms to push themselves along the ground other physical stigmata include deviation in head size and shape, asymmetry of the face, excessive dimensions of the jaw and cheekbones, eye defects and peculiarities, ears of unusual size, nose twisted, upturned or flattened in thieves, or aqualine or beaklike in murderers, fleshy lips, 1

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swollen and protruding, and pouches in the cheek like those of animal’s toes Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person according to him, there are three (3) classes of criminals: 1) born criminals – individuals with at least five (5) atavistic stigmata 2) insane criminals – those who are not criminals by birth; they become criminals as a result of some changes in their brains which interfere with their ability to distinguish between right and wrong 3) criminaloids - those with make up of an ambiguous group that includes habitual criminals, criminals by passion and other diverse types

DIFFERENT APPROACHES UNDER THE POSITIVIST CRIMINOLOGY A)

BIOLOGICAL DETERMINISM

This explanation for the existence of criminal traits associates an individual’s evil disposition to physical disfigurement or impairment. 1)

GIAMBATTISTA DELA PORTA (1535-1615) Italian physician who founded the school of human physiognomy, the study of facial features and their relation to human behavior; the study of judging a person’s character from facial features to determine whether the shape of the ears, nose and eyes and the distances between them were associated with anti-social behavior

2)

JOHANN KASPAR LAVATER (1741-1801) Swiss theologian who believed that people’s true characters and inclinations could be read from their facial features

3)

FRANZ JOSEPH GALL (1758-1828) born in Germany, a renowned neuroanatomist and physiologist and a pioneer in the study of the localization of mental functions in the brain developed cranioscopy, a method to study the personality and development of mental and moral faculties based on the external shape of the skull

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cranioscopy was later renamed as phrenology, the study that deals with the relationship between the skull and human behavior

4)

CHARLES GORING also studied phrenology or craniology which deals with the study of the external formation of the skull indicating the conformation of the brain and the development of its various parts which is directly related to the behavior of the criminal he believed that criminal characteristics were inherited and recommended that people with such characteristics should not be allowed to reproduce according to him, people with epilepsy, insanity and feeblemindedness were among those who should not be allowed to have children

5)

JOHANN KASPAR SPURZHEIM (1776-1832) German phrenologist who was the assistant of Gall he was the man most responsible for popularizing and spreading phrenology to a wide audience

PHYSIOLOGY OR SOMATOTYPE this refers to the study of the body build of a person in relation to his temperament and personality and the type of offense he is most prone to commit. this study which searches the relationship of body build to behavior became popular during the first half of the twentieth century. The following are school of criminology: 1) -

the

proponents

of

the

somatotype

ERNST KRETCHMER he correlated body build and constitution with characters or temperamental reactions and mentality he distinguished three (3) principal types of physiques: a) asthenic – lean, slightly built, narrow shoulders; their crimes are petty thievery and fraud b) athletic – medium to tall, strong, muscular, coarse bones; they are usually connected with crimes of violence c) pyknic – medium height, rounded figures, massive neck, broad face; they tend to commit deception, fraud and violence 1

2) -

WILLIAM SHELDON formulated his own group of somatotype: TYPE OF PHYSIQUE

TEMPERAMENT

a)

endomorphic relatively large digestive viscera; round body; short, tapering limbs; small bones; smooth, velvety skin

viscerotonic – generally relax and comfortable person, loves luxury and essentially extrovert

b)

mesomorphic – with relative predominance of muscles, bones and motor organs of the body with large wrist and hands

romotonic – active, dynamic; walks, talks and gestures assertively and behaves aggressively

c)

ectomorphic – relative predominance of skin and its appendages which includes the nervous system; it has fragile and delicate bones; with droopy shoulders, small face and sharp nose, fine hair and with relatively small body

cerebrotonic – introvert prone to allergies, skin troubles, chronic fatigue, insomnia, sensitive skin and sensitive to noise

HEREDITY AS A FACTOR IN CRIMINALITY 1) -

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2) -

RICHARD DUGDALE he studied the lives of the members of the JUKES FAMILY and referred to ADA JUKES as the MOTHER OF CRIMINALS he discovered that from among the descendants of Ada Jukes, there were 280 paupers, 60 thieves, 7 murderers, 40 other criminals, 40 persons with venereal diseases and 50 prostitutes he claimed that since families produce generations of criminals, they must have been transmitting degenerate traits down the line HENRY GODDARD he studied the lives of the KALLIKAK FAMILY and found that among the descendants from MARTIN KALLIKAK’s relationship with a feeble-minded lady, there were 143 feeble-minded and only 46 normal, 36 were illegitimate, 3 epileptics, 3 criminals, 8 kept brothels and 82 died of infancy; his marriage with a woman from a good family produced almost all normal descendants, only 2 were alcoholics, 1 was convicted of religious offense, 15 died at infancy and no one became criminal or epileptic

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INTELLIGENCE AS A FACTOR IN CRIMINALITY The classic studies of the Juke and Kallikak families were among the first to show that feeblemindedness or lowintelligence can be inherited and transferred from one generation to the next. Numerous test were also conducted that lead to the development of the use of IQ tests as a testing procedure for offenders. The very first results seemed to confirm that offenders had low mental abilities and they were found to be mentally impaired. B. PSYCHOLOGICAL DETERMINISM This explains the psychological determinants which define behavior of a person. This idea has long been hatched by thinkers who were consumed by the belief that it is the psychological equivalents that prod the person to act the way he does. There are many ways to classify psychological theories of crime causation. But the common assumption of these theories is that there is something wrong with the mind of the offender which caused him to commit crimes. From among the many theories regarding the relationship of psychology and crime, the psychoanalytic theory by Sigmund Freud is the most notable: 1) -

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SIGMUND FREUD he is recognized as the FATHER OF PSYCHOANALYSIS he founded the PSYCHOANALYTIC THEORY OF CRIMINALITY in which he attributed delinquent and criminal behavior to a conscience that is overbearing which arouses feelings of guilt or a conscience that is so weak that it cannot control the individual’s impulses and the need for immediate gratification in his theory, PERSONALITY IS COMPRISED OF THREE COMPONENTS: a)

ID – this stands for instinctual drives; it represents our unconscious biological needs for food, water, sleep, sex and other life sustaining necessities including aggression as well as primitive needs that are present at birth; this pleasure seeking part of human personality is concerned about gratification of one’s wishes; it is governed by the “pleasure principle”; the id 1

impulses are not social and must be repressed or adapted so that they may become socially acceptable b)

EGO – this is considered to be the sensible and responsible part of an individual’s personality and is governed by the “reality principle”; it is developed early in life and compensates for the demands of the id by helping the individual guide his actions to remain within the boundaries of accepted social behavior; it is the objective, rational part of the personality

c)

SUPEREGO – serves as the moral conscience of an individual; it is that part of an individual’s personality that allows the person to feel pride, shame and guilt; it is structured by what values were taught by the parents, the school and the community, as well as belief in God; it is largely responsible for making a person follow the moral codes of society

- this position holds that criminals are driven by unconscious thought patterns, developed in early childhood, that control behaviors over the life course - some people encounter problems during their early development that cause an imbalance in their personality - crime is a manifestation of feelings of oppression and people’s inability to develop the proper psychological defenses to keep these feelings under control 2) -

RAFAELLE GAROFALO proposed that people commit crime due to some psychic or MORAL ANOMALY, a deficiency in moral sensibilities he believed that certain people are morally less developed than others due to environmental, circumstantial and organic reasons

TYPE OF MENTAL DISORDERS 1)

NEUROSIS 1

2) -

a common type of mental disorder used to criminal behavior also referred to as hysteria or neurasthenia

explain

PSYCHOSIS a more serious type of mental disorder, which can be organic or functional psychotic people lose contact with reality and have difficulty distinguishing reality from fantasy the most common type of psychosis are the following: a)

SCHIZOPRENIA – also called dementia praecox; characterized by distortions or withdrawal from reality, disturbances of thoughts and language and withdrawal from social contact; a condition marked by incoherent thought process and lack of insight

b)

PARANOIA - gradual impairment of the intellect, characterized by delusions or hallucination DELUSION – false belief HALLUCINATION – false perception DELUSIONS OF GRANDEUR – a false belief that you are greater than everybody else DELUSIONS OF PERSECUTION – a false belief that other people are conspiring to kill, harm or embarrass you DELUSIONS OF REFERENCE – a false belief everybody is always talking about you

that

CRIMINAL PERSONALITY - studies show that aggressive youth have unstable personality structures often marked by hyperactivity, impulsiveness and instability PSYCHOPATHICPERSONALITY OR ANTISOCIAL /SOCIOPATHIC PERSONALITY - believed to be dangerous, aggressive, antisocial individuals who act in callous manner, who neither learn from their mistakes nor are deterred by punishment - they lack emotional depth, are incapable of caring for others, and maintain an abnormally low level of anxiety

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- they lack moral conscience, and therefore they have no concept of what is right and wrong and legal and illegal C)

SOCIOLOGICAL DETERMINISM

Sociological factors refer to things, places and people with whom we come in contact with and which play a part in determining our actions and conduct. These causes may bring about the development of criminal behavior. 1) -

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2) -

EMILE DURKHEIM one of the founding scholars of sociology published a book, “The Division of Labor in Society”, which became a landmark work on the organization of societies according to him: a) crime is as normal a part of society as birth and death b) crime is part of human nature because it has existed during periods of both poverty and prosperity c) as long as human differences exists, which is one of the fundamental conditions of society, it is but natural and expected that it will result to criminality one of his profound contributions to contemporary criminology is the concept of anomie, the breakdown of social order as a result of loss of standards and values according to him, the explanation of human conduct and human misconduct lies not in the individual himself but in the group and social organization his ideas had become what is known as the ANOMIE THEORY GABRIEL TARDE introduced the Theory of Imitation, which governs the process by which people become criminals according to him, individuals emulate behavior patterns in much the same way that they copy styles of dress the Theory of Imitation is explained by the following patterns: a) Pattern 1: individuals imitate others in proportion to the intensity and frequency of their contact b) Pattern 2: inferiors imitate superiors 1

c) 3) -

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4) -

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Pattern 3: when two behavior patterns clash, one may take the place of the other

ADOLPHE QUETELET and ANDRE MICHAEL GUERRY he repudiated the free will doctrine of the classicists he founded what is known as the CARTHOGRAPHIC SCHOOL OF CRIMINOLOGY, together with ANDRE MICHAEL GUERRY this study used social statistical data and provided important demographic information on the population, including density, gender, religious affiliations and social economic status he gathered data to investigate the influence of social factors on the commission of crimes he found a strong influence of age, sex, climate condition, population composition and economic status in criminality ENRICO FERRI a member of the Italian parliament he believed that criminals could not be held morally responsible because they did not choose to commit crimes but was driven to commit them by conditions of their lives a follower of Lombroso, who was actually the one who coined the term “born criminal” which was extensively used by Lombroso he proposed that the commission of a crime was caused by a number of factors including physical (race, geographics, temperature and climate), anthropological (age, sex, organic and psychological) and social (customs, religion, economics and population density

MODERN EXPLANATIONS OF CRIMES AND CRIMINAL BEHAVIOR A)

1)

SOCIAL STRUCTURE THEORIES - the view that a person’s position in the social structure controls behaviour - those in the lowest socioeconomic level are more likely to succumb to crime-causing elements in their environment - whereas those in the highest level enjoy social and economic advantages that protects them from crimeproducing forces SOCIAL DISORGANIZATION THEORY

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focuses on the conditions within the urban environment that affect crime rates links crime rate to neighborhood ecological characteristics views crime-ridden neighborhoods as those in which residents are uninterested in community matters, therefore, the common sources of control – family, school, church, barangay authorities – are weak and disorganized also called differential social organization STRAIN THEORY holds that crime is a function of the conflict between the goals people have and the means they can use to legally obtain them argues that the ability to obtain these goals is class dependent: members of the lower class are unable to achieve these goals which come easily to those belonging to the upper class consequently, they feel anger, frustration and resentment, referred to as STRAIN the commission of crimes with the aim of achieving these goals result from this conflict CULTURAL DEVIANCE THEORY combines the elements of both strain and disorganization theories theorizes that in order to cope with social isolation and economic deprivation, members of the lower class create an independent subculture with its own set of rules and values criminal behavior is an expression of conformity to lower-class subcultural values SOCIAL PROCESS THEORIES - maintains that people commit crimes as a result of the experiences they have while they are being socialized by the various organizations, institutions and processes of society - points to the link between criminal behaviour and family problems, such as inconsistent discipline, poor supervision and lack of warm, loving, supportive parent-child relationship, as one essential factor in criminality - cites that educational experiences and socialization have significant impact on criminality

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a)

DIFFERENTIAL ASSOCIATION THEORY formulated by Edwin Sutherland believes that criminality is a function of a learning process that could affect any individual in any culture his theory is outlined as follows: i. criminal behavior is learned; ii. criminal behavior is learned in interaction with other persons in a process of communication; iii. the principal part of learning of criminal behavior occurs within an intimate personal group; iv. when criminal behavior is learned, the learning includes techniques in committing the crimes which are sometimes very simple, the specific direction of motives, drives, rationalization and attitudes; v. the process of learning criminal behavior by association with criminal and anti-criminal patterns involves all of the mechanisms that are involved in any other learning

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DIFFERENTIAL REINFORCEMENT THEORY according to this theory, people strike a balance between being “all-deviant” and “all-conforming” behavior persists depending on the degree to which it was rewarded or punished

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SOCIAL CONTROL THEORY maintains that all people have the potential to violate the law and that modern society presents many opportunities for illegal activities argues that people obey the law because behavior and passions are being controlled by internal and external forces - everyone has the potential to become a criminal but most people are controlled by their bond to society, and crime occurs when the forces that bind people to society are weakened or broken - assumes people are born “bad” and must be controlled to be “good” D) -

SOCIAL REACTION THEORY also called LABELING THEORY holds that people enter into law-violating careers when they are labeled for their acts and organize their personalities around the labels 1

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negative labels have dramatic influence on the selfimage of offenders - says people become criminals when significant members of society label them as such and they accept those labels as a personal identity - assumes that whether “good” or “bad”, people are controlled by the reactions of others

VICTIMOLOGY - 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 societal groups and institutions, such as the media, businesses, and social movements - the study of the victims of crime, and especially of the reasons why some people are more prone to be victims VICTIM/VICTIM OF CRIME/CRIME VICTIM - the identifiable person who has been individually and directly by the perpetrator

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VICTIM PATTERNS - gender, age, marital status, income, victim-offender relationships and ecology are some factors that affect victimization risks GENDER - males are more likely to become victims of robbery and assault - females are more likely to be victims of sexual assault - when men are victims of violent crimes, the perpetrator is usually described as a stranger - females are more likely to be victimized by people they know, like relatives, husbands or boyfriends AGE - young people face a much greater victimization risk than older persons - adolescents often stay out late at night, go to public places and hang out in places where crime is most likely to occur - teens face a high victimization risk because they spend a great deal of time in the presence of their

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adolescent crimes

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INCOME - the poor are the most likely to become victims of crimes because they live in areas that are crime prone MARITAL STATUS - unmarried or never married people are victimized more often than married people - unmarried people tend to be younger, and young people have the highest victim risk - married people and widows have much lower victimization rates because they interact with older people and are more likely to stay home at night and avoid public places VICTIM-OFFENDER RELATIONSHIPS - women seem much more likely than men to be victimized by acquaintances; a majority of female assault victims know their assailants ECOLOGY - most victimizations occur in large, urban areas - rural and suburban victim rates are lower - most incidents occur during the evening hours - the most likely site for victimization is an open, public area such as street, park, parking area and the like COMPILED FROM DIFFERENT REFERENCE MATERIALS BY: JAMILLA GAY L ASALAN Full-time Faculty, Philippine College of Criminology Cum Laude, BS Criminology, 2003 Emilio Aguinaldo College-Manila, 2003 1st Placer, PRC Criminologist Licensure Examination March 2004 Master of Science in Criminology Major in Police Administration (thesis stage), Emilio Aguinaldo College Graduate School

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