Sociology of Crimes

May 2, 2018 | Author: jeysonmacaraig | Category: Id, Criminology, Crime & Justice, Crimes, Utilitarianism
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Sociology of crimes...

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SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS CRIM. 1: INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIMES CRIMINOLOGY definitions:  Is the entire body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of!"in# of $!%s, of &'e!"in# of $!%s, and the society’s reaction towards the breaking of laws.” (Ed%in H. S(t)e'$!nd)  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 governT'!dio ( ) 

Is a body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them. (*'o!d definition)

C'iino$o#ist +R.A. -/  An act creating the oard of !"aminers for #riminologist in the $hilippines approved on %uly &, &'  any person who is a graduate of the *egree of #riminology, who has passed the e"amination for criminologists and is registered as such by the oard of !"aminers of the $rofessional +egulation #ommission ($+#). O'i#in of t)e %o'd 0C'iino$o#2  !tymologically, the term criminology came from the atin word -crimen” meaning crime and reek word -ogos” which means -to study”.  In &//0, R!f!e$ G!'of!$o, an Italian aw $rofessor coined the termcriminologia. 

In &//', P!($ To3in!'d, 1rench Anthropologist, used the term criminology in 1rench criminologie for the first time

P'in4i3!$ Di5isions of C'iino$o# a. Etio$o# of C'ies 2 the scientific analysis of the causes of crimes and the criminal behavior. b. So4io$o# of L!% 2 refers to the investigation of the nature of criminal law and its administration c. Peno$o# 2 the study of the control of crimes and the rehabilitation of offender Is C'iino$o# ! S4ien4e6 According to Geo'#e 7i$"e', #riminology cannot become a science because it has not yet ac3uired universal validity. Ed%in H. S(t)e'$!nd, the *ean of 4odern #riminology, hoped that it will become a science in the future since the causes of crimes are almost the same which may be biological, environmental or combination of the two. N!t('e +SAND/ &. ItofisC'iino$o# a So4i!$ science because it studies crime as a social phenomenon. #rime is a social problem which has a great impact to society. . It i s A33$ied science because criminology as a body of knowledge has already established universally accepted principles and concepts and these are used by other field of study. +INSTRUMENTATION/ 5. It is N!tion!$isti4 because the study of criminology takes into consideration the history, the culture and the social norms and the laws of the country. !ach country has its own set of laws and crimes are defined by the laws of the country. 6. It is Dn!i4 because the concepts of criminology and their applications adapt to the changing time. S4o3e in t)e St(d of C'iino$o# &. 7tudy of the srcin and development of criminal law . 7tudy of the causes of crimes and development of criminals 5. 7tudy of the other sciences that e"amine criminal behavior using scientific methods such as8  C'iin!$ Deo#'!3) 2 the study of the relationship between criminality and population  C'iin!$ E3idioo$o# 2 the study of the relationship between environment and criminality  C'iin!$ E4o$o# 2 the study of criminality in relation to the spatial distr ibution in a community  C'iin!$ P)si4!$ Ant)'o3o$o#2 the study of criminality in relation to physical constitution of men  C'iin!$ Ps4)o$o# 2 the study of human behavior in relation to criminality  C'iin!$ Ps4)i!t' 2 the study of human mind in relation to criminality  8i4tio$o# 2 the study of the role of the victim in the commission of a crime

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Crimes and Criminals C'ie o +efers to an act committed or omitted in violation of public law ($hil. aw *ictionary). o It also refers to an act committed or omitted in violation of a public law forbidding or commanding it (+eyes 99:). C$!ssifi4!tion of C'ies Le#!$ C$!ssifi4!tions: 1. A44o'din# to $!% 5io$!ted a. Fe$on 2 an act or omission punishable by law which is committed by means of dolo (deceit) or culpa (fault)and punishable under the +evised $enal #ode b. Offense 2 an act or omission in violation of a special law c. Inf'!4tion 2 an act or omission in violation of a city or municipal ordinance 9. A44o'din# to t)e !nne' of 4oittin# 4'ie: a. * e!ns of Dolo or Deceit 2 if the crime is committed with deliberate intent. Thus, it is called intentional felonies. f'eedo o' 5o$(nt!'iness inte$$i#en4e intent &. * e!ns of culpa or fault o felonies committed by means of culpa (fault) the act or omission of the offender is not malicious and the in;ury caused by the offender is unintentional, it being the simply the incident of another act performed without malice L!4" of fo'esi#)t L!4" of s"i$$ Ne#$i#en4e I3'(den4e . A44o'din# to t)e st!#es in t)e 4oission: &. Atte3ted 2 the crime is attempted when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of e"ecution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. . F'(st'!ted < when the offender performs all the acts of e"ecution which would produce the felony as a conse3uence but which, nevertheless do not produce it by reason of causes independent of the will of the perpetrator. 5. Cons(!ted < when all the elements necessary for its accomplishment and e"ecution are present 6. A44o'din# to 3$('!$it: a. Si3$e C'ie 2 is a single act constituting only one offense. o

b. Co3$e; C'ie 2 single act constituting two or more grave felonies or an is a necessary means for committing the other Two () =inds of #omple" #rime8 a. compound crime (delito compuesto) b. comple" crime proper (delito comple;o) c. 7pecial comple" crime

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-. A44o'din# to #'!5it: G'!5it of Fe$on 1. G'!5e fe$onies < !'e t)ose to %)i4) t)e $!% !tt!4)es t)e 4!3it!$ 3(nis)ent o' 3en!$ties %)i4) in !n of t)ei' 3e'iod !'e !ff$i4ti5e. 9. Less #'!5e fe$onies < !'e t)ose %)i4) t)e $!% 3(nis)es %it) 3en!$ties %)i4) in t)ei' !;i( 3e'iod !'e 4o''e4tion!$. . Li#)t fe$onies < !'e inf'!4tion of $!%s fo' t)e 4oission of %)i4) t)e 3en!$t of !''esto eno' o' ! fine not e;4eedin# 9 3esos o'

P'in4i3$e Pen!$t  (Capital Punishment)  Afflictive $enalties





A't.19- De#'ee of Pen!$ties  (Death)  +eclusion $erpetua  +eclusion Temporal  $rison 4ayor

#orrecional $enalties

 

$rison #orrecional Arresto 4enor

ight $enalties



Arresto 4enor

&ot) is 3'o5ided :. A44o'din# to t)e n!t('e of t)e !4t: a. C'ies !$! in se 2 are acts that are inherently evil. !"amples are murder, robbery, etc. b. C'ies !$! 3'o)i&it! 2 are acts which are prohibited only because there are laws forbidding such acts. !"amples are Illegal $ossession of firearms, Traffic >iolations, etc.

CRIMINOLOGICAL CLASSIFICATIONS OF CRIME &. According to the result of the crime8 a. A4=(isiti5e 4'ie 2 if the offender ac3uired or gained something by committing the crime. !"amples are robbery, estafa, bribery, etc. b. Dest'(4ti5e 4'ie 2 if the crime resulted in destruction, damage or even death. !"amples are arson, murder and homicide, damage to property, etc. . According to the time or period of commission8 a. Se!son!$ 4'ies 2 are crimes that happen only during a particular season or period of the year. !"amples are violation of election law, ta" law violations, etc. b. Sit(!tion!$ 4'ies 2 are crimes committed when the situation is conducive to the commission of the crime and there is an opportunity to commit it. !"amples are pickpocketing, theft, etc. 5. According to the length of time of the commission8 a. Inst!nt 4'ies 2 are those crimes that can be committed in a very short time. !"ample8 theft b. E3isoid!$ 4'ies 2 are crimes committed through series of acts or episodes and in much longer time. !"ample8 serious illegal detention 6. According to place or location8 a. St!ti4 4'ies 2 are committed only in one place. e"amples are theft and robbery b. Contin(in# 4'ies 2 are crimes that take place in more than one place or several places. e"amples8 abduction, kidnapping, etc. 0. According to the use of mental faculties8 a. R!tion!$ 4'ies 2 when the offender is capable of knowing what he is doing and understanding the conse3uences of his actions. b. I''!tion!$ C'ies 2 when the offender suffers from any form of mental disorders, insanity or abnormality. Thus, the offender doesn?t know what he is doing. :. According to the type of offender8 a. 7)ite Co$$!' C'ies +Ed%in S(t)e'$!nd/ 2 crimes committed by those persons belonging to the upper socio
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