Criminology

Criminology

Introduction to Criminology

  • Criminology Defined (Edwin H. Sutherland):

    • The entire body of knowledge regarding crime as a social phenomenon.

    • Includes the process of making laws, breaking laws, and society's reaction to law-breaking.

  • Alternative Definition:

    • A body of knowledge regarding crimes, criminals, and society's efforts to prevent and repress them.

  • Scientific Study:

    • The scientific study of the causes of crime in relation to individuals and society.

    • Focuses on how society sets and defines rules and regulations.

  • Criminologist (R.A. 6506):

    • A graduate of Criminology who has passed the examination for criminologists.

    • Registered by the Professional Regulation Commission (PRC).

  • R.A. 11131:

    • An act regulating the practice of criminology in the Philippines.

    • Repeals R.A. 6506.

  • Criminology (R.A. 11131 Sec 3(e)):

    • The scientific study of crimes, criminals, and victims.

    • Deals with the prevention and solution of crimes.

  • Origin of the Word "Criminology":

    • From the Latin word "crimen" (crime) and the Greek word "Logos" (to study).

    • Coined in 1885 by Italian Law Professor Rafaelle Garofalo as "criminologia".

    • French Anthropologist Paul Topinard used "criminologie" in French for the first time in 1889.

Principal Divisions of Criminology

  1. Etiology (Origin) of Crimes:

    • Scientific analysis of the causes of crimes and criminal behavior.

  2. Sociology of Law:

    • Study/investigation of the nature of criminal law and its administration.

  3. Penology:

    • Study of the control of crimes and the rehabilitation of offenders.

Criminal Law

  • A branch of public law that defines crimes, their nature, and provides for their punishment.

Penology

  • The study of the control of crimes and the rehabilitation of offenders.

  • Deals with the treatment, management, and administration of inmates (persons deprived of liberty – PDL).

Is Criminology a Science?

  • George Wilker's View:

    • Criminology cannot yet be considered a science because it lacks universal validity.

  • Edwin H. Sutherland's Hope:

    • Hoped criminology would become a science as causes of crimes are often biological, environmental, or a combination.

Nature of Criminology

  1. Applied Science:

    • Criminology utilizes universally accepted principles and concepts.

    • These principles are used by other fields of study (e.g., instrumentation/forensic science).

  2. Social Science:

    • Studies crime as a social phenomenon.

    • Crime is a social problem with a great impact on society.

  3. Dynamic:

    • Criminology concepts and applications adapt to changing times.

  4. Nationalistic:

    • Considers the history, culture, social norms, and laws of a country.

    • Crimes are defined by the laws of each country.

Scope in the Study of Criminology

  1. Study of the Origin and Development of Criminal Law

  2. Study of the Causes of Crimes and Development of Criminals

  3. Study of Other Sciences Examining Criminal Behavior Using Scientific Methods:

    • Criminal Demography: Relationship between criminality and population.

    • Criminal Epidemiology: Relationship between environment and criminality.

    • Criminal Ecology: Criminality in relation to spatial distribution in a community.

    • Criminal Physical Anthropology: Criminality in relation to physical constitution of men.

    • Criminal Psychology: Human behavior in relation to criminality.

    • Criminal Psychiatry: Human mind in relation to criminality.

    • Victimology: The role of the victim in the commission of a crime.

Crimes and Criminals

  • Crime Defined:

    • Commission or omission of an act by a person with capacity.

    • The act is either prohibited or compelled by law.

    • Punishable by a proceeding brought in the name of the government whose law has been violated.

    • An act committed or omitted in violation of public law (Phil. Law Dictionary).

    • An act committed or omitted in violation of a public law forbidding or commanding it (Reyes 2006).

Triangle of Crime (Elements of Crime)

  • Desire:

    • The wanting of the person to commit the crime.

    • Offender must decide to commit the crime.

  • Capability:

    • The ability or means of the offender to commit the crime.

    • Includes skills, methods, and tools.

  • Opportunity:

    • The physical possibility for the crime to be committed.

    • The chance that the offender must have to commit the crime.

    • Opportunity is targeted in crime prevention measures.

Classification of Crimes

Legal Classifications of Crimes:

  1. According to Law Violated:

    • Felony:

      • Act or omission punishable by law committed by means of dolo (deceit) or culpa (fault).

      • Punishable under the Revised Penal Code.

    • Offense:

      • Violation of a special penal law.

    • Infraction:

      • Violation of a city or municipal ordinance.

  2. According to the Manner of Committing Crime:

    • By Means of Dolo or Deceit:

      • Committed with deliberate intent (intentional felonies).

      • Elements: freedom or voluntariness, intelligence, intent.

    • By Means of Culpa or Fault:

      • Wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

      • The act or omission is not malicious, and the injury is unintentional.

      • Elements: lack of foresight, lack of skill, negligence, imprudence.

  3. According to the Stages in the Commission of the Crime (Article 6, RPC):

    • Attempted:

      • The offender commences the commission of a felony directly by overt acts.

      • Does not perform all the acts of execution due to some cause or accident other than their own spontaneous desistance.

      • Overt acts indicate intention to commit a crime beyond mere planning.

    • Frustrated:

      • The offender performs all the acts of execution to produce the felony.

      • Does not produce it due to causes independent of the perpetrator's will.

    • Consummated:

      • All the elements necessary for its accomplishment and execution are present.

  4. According to Plurality:

    • Simple Crime:

      • A single act constituting only one offense.

    • Complex Crime:

      • A single act constituting two or more grave felonies.

      • An offense is a necessary means for committing the other (Art 48, RPC).

      • Two Kinds of Complex Crime:

        • Compound Crime (Delito Compuesto): A single act constitutes two or more grave or less grave felonies.

        • Complex Crime Proper (Delito Complejo): An offense is a necessary means of committing the other.

  5. According to Gravity:

    • Grave Felonies:

      • Punishable by capital punishment or penalties which in any of their period are afflictive penalties.

    • Less Grave Felonies:

      • Punished with penalties which in their maximum period are correctional penalties.

    • Light Felonies:

      • Infraction of laws with arresto menor or a fine not exceeding 200 pesos, or both.

      • Principal Penalties:

        • Afflictive Penalties:

          • Reclusion Perpetua: 30 years

          • Reclusion Temporal: 12 years and 1 day to 20 years

          • Prision Mayor: 6 years and 1 day to 12 years

        • Correctional Penalties:

          • Prision Correctional: 6 months and 1 day to 6 years

          • Arresto Mayor: 1 month and 1 day to 6 months

        • Light Penalties:

          • Arresto Menor: one day to 30 days

    • Article 100 (RPC): Every person criminally liable is also civilly liable.

  6. According to the Nature of the Act:

    • Crimes Mala In Se:

      • Wrong per se; the act is wrong from its very nature.

      • Intent is an element, and good faith is a defense.

      • Acts that are inherently evil, wrong, or bad (e.g., murder, robbery).

    • Crimes Mala Prohibita (Malum Prohibitum):

      • Wrong because it is prohibited by law.

      • Without the law, the act would not be considered wrong.

      • A wrong because laws forbid such acts (e.g., Illegal Possession of firearms, Traffic Violations).

Criminological Classification of Crimes

  1. According to the Result of the Crime:

    • Acquisitive Crime:

      • Offender acquired or gained something by committing the crime (e.g., robbery, estafa, bribery).

    • Destructive Crime:

      • Crime resulted in destruction, damage, or death (e.g., arson, murder, homicide, damage to property).

  2. According to the Time or Period of Commission:

    • Seasonal Crimes:

      • Committed only during a particular season or period of the year (e.g., violation of election law, tax law violations).

    • Situational Crimes:

      • Committed when the situation is conducive and there is an opportunity (e.g., pickpocketing, theft).

  3. According to the Length of Time of the Commission:

    • Instant Crimes:

      • Committed in a very short time (e.g., theft).

    • Episoidal Crimes:

      • Committed through a series of acts or episodes over a longer time (e.g., serious illegal detention).

  4. According to Place or Location:

    • Static Crimes:

      • Committed only in one place (e.g., theft and robbery).

    • Continuing Crimes:

      • Take place in more than one place or several places (e.g., abduction, kidnapping).

  5. According to the Use of Mental Faculties:

    • Rational Crimes:

      • Offender is capable of knowing what they are doing and understanding the consequences.

    • Irrational Crimes:

      • Offender suffers from mental disorders, insanity, or abnormality; doesn't know what they are doing.

  6. According to the Type of Offender:

    • White Collar Crimes:

      • Committed by those belonging to the upper socio-economic status or in the course of their occupational activities.

    • Blue Collar Crimes:

      • Committed by ordinary criminals as a means of livelihood.

Criminal

  • Legal Sense:

    • A person found to have committed a wrongful act in the course of the standard judicial process.

    • Requires a final verdict of guilt.

  • Criminological Sense:

    • A person is already considered a criminal the moment they commit a crime.

Classifications of Criminals

  1. According to Etiology:

    • Acute Criminal:

      • Commits crime as a result of reacting to a situation or during a moment of anger.

    • Chronic Criminal:

      • Commits crime with intent or deliberated thinking.

        • Neurotic Criminal: Has a mental disorder.

        • Normal Criminal: Commits crimes because they idolize criminals.

  2. According to the Type of Offender:

    • Ordinary Criminal:

      • Engages in crimes that do not require specialized or technical skill.

    • Organized Criminal:

      • Possesses some skills and know-how to commit crimes and evade detection.

    • Professional Criminal:

      • Highly skilled and methodical in their operation; engaged in large-scale criminal activities, often operate in groups.

  3. According to Criminal Activities:

    • Professional Criminal:

      • Earns their living through criminal activities.

    • Situational Criminal:

      • Gets involved in criminal act because the situation presented itself.

    • Habitual Criminal:

      • Repeatedly commits criminal acts for different reasons.

    • Accidental Criminal:

      • Accidentally violated the law due to circumstances beyond their control.

Study of Criminal (Penal) Law

Evolution of Criminal Laws

  • A) Prehistoric Crime and Punishment

    • Primitive Tribes

      • Punishment: ostracism (banishment) and expulsion.

      • Adultery: Aggrieved husband could kill adulterer and offending wife (Concubinage).

      • Crime avenged by the victim or victim's family.

  • B) The Early Codes

    1. Code of Hammurabi

      • Hammurabi, king of Babylon (18th century BC), first codifier of laws.

      • Provides the first comprehensive view of laws in early days.

      • Carved in stone.