THEORIES OF CRIME & CAUSATION

Pre lim - 2nd sem

Criminology

is a scientific and interdisciplinary field of study that focuses on understanding crime as a social phenomenon.

Crime

refers to acts or omissions that violate the law and are punishable by the state.

Criminal Behavior

This focuses on understanding why individuals commit crimes

Law Enforcement

Criminology studies the role of law enforcement agencies in preventing, detecting, and responding to crime.

Criminal Justice System

This refers to the institutions responsible for enforcing laws and administering justice, including the police, courts, and correctional institutions

Causes and Prevention of Crime

One of the main goals of criminology is to identify the root causes of crime and develop strategies to prevent it.

NATURE OF CRIMINOLOGY

systematic study and scientific inquiry.

1. Scientific

Criminology is scientific because it uses research methods, data analysis, observation, and empirical evidence to study crime.

2. Interdisciplinary

Criminology is interdisciplinary because it draws knowledge from various fields such as sociology, psychology, law, biology, economics, political science, and forensic science.

3. Dynamic

Criminology is dynamic because it continuously evolves in response to changes in society

4. Social Science

Criminology is a social science because it focuses on human behavior within a social context.

The Classical School of Criminology

This period emphasized reason, logic, and individual rights, rejecting superstition and harsh punishments based on arbitrary authority.

The Classical School viewed crime as a product of human choice, not fate or supernatural forces. It argued that people have free will and are capable of making rational decisions.

ELEMENTS OF CRIME

Actus Reus - criminal act
Mens Rea - criminal intent
Punishability

Actus Reus

Actus reus refers to the external or overt act that violates the law

Examples:

• Stealing someone’s property

• Physically assaulting another person

• Failing to provide support to a dependent when legally required

• Without an act or omission, there can be no crime, even if there is criminal intent.

Mens Rea

means the criminal intent or guilty mind.

answers the question: Did the person intend to commit the act?

• Types of intent may include:

• Intentional

• Reckless

• Negligent

• In general, criminal liability requires both a guilty act and a guilty mind.

Punishability

means that the act or omission is defined and penalized by law

Actus non facit reum nisi mens sit rea

The act does not make a person guilty unless the mind is also guilty

Kaya kung may ginawa ka pero wala kang intensyon, karaniwan ay walang krimen.

General Rule in Criminology

Dapat lagi magkasama si Actus Reus and Mens Rea.

EXAMPLE (WALANG MENS REA → WALANG KRIMEN)

Scenario:

Nadulas ka at aksidenteng natulak ang isang tao.

• Actus Reus (may nagawang kilos – pagtulak)

• Mens Rea (walang intensyon)

• Walang krimen, maaaring civil liability lang.

EXCEPTION: MAY KRIMEN KAHITWALANG MENS REA

1. Criminal Negligence / Imprudence

2. MALA PROHIBITA (ACTS PUNISHED BY LAW

REGARDLESS OF INTENT)

1. Criminal Negligence / Imprudence

Kahit walang intensyon, may pananagutan kung may kapabayaan.

• Halimbawa (RPC – Philippines):

• Reckless Imprudence Resulting in Homicide

• Reckless Imprudence Resulting in Damage to Property

Ex.

Nagmamaneho ka nang mabilis at nakabangga ng tao.

• Actus Reus

• Mens Rea (di sinadya)

• BUT may negligence

• May krimen pa rin

2. MALA PROHIBITA (ACTS PUNISHED BY LAW REGARDLESS OF INTENT)

• Ito ay mga krimen na pinaparusahan dahil ipinagbabawal ng batas, hindi dahil masama ang intensyon.

• Halimbawa:

• Traffic violations

• Illegal possession of firearms (in some cases)

• Violation of special laws (e.g., RA laws)

• Intent is not essential

Act alone is enough

Simple Table

SITWASYON MAY KRIMEN?

Actus reus + mens rea = May krimen

Actus reus lang (accident) = Wala

Actus reus + negligence = May krimen

Mala prohibita May krimen

“INTENT IS GENERALLY REQUIRED IN CRIMES, EXCEPT IN CASES OF NEGLIGENCE AND MALA PROHIBITA. ”

Crime causation

refers to the factors, conditions, and circumstances that lead individuals to commit crimes.

1. Cesare Beccaria (1738–1794)

• School: Classical

• Core Beliefs:

• Crime is the result of free will.

• Individuals are responsible for their actions.

• Punishment should be certain, swift, and

proportionate.

• Focus: Legal reform, fairness in the criminal justice

system.

2. Jeremy Bentham (1748–1832)

School: Classical

•Core Beliefs:

• Crime is the result of free will.

• People commit crime after rational calculation.

• Introduced Utilitarianism: “Greatest good for the

greatest number”.

•Key Idea: Pain vs. Pleasure

• Individuals weigh the pleasure (benefit) of

committing a crime against the pain

(punishment) expected.

• Actions are guided by hedonistic calculus