Untitled

CRIM 1. INTRODUCTION TO CRIMINOLOGY

Definition of CRIMINOLOGY

  • Edwin H. Sutherland's Definition:
    • "Criminology is the entire body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making laws, breaking laws, and society's reaction towards the breaking of laws."
  • Expanded Definition of Criminology:
    • A body of knowledge regarding crimes, criminals, and society's efforts to prevent and control them.
    • Involves the study of the causes of crime concerning man and society, setting and defining rules to govern behavior.

Criminologist (R.A. 6506)

  • Definition of a Criminologist:
    • A person who:
      1. Holds a Degree in Criminology.
      2. Has passed the criminologist licensure examination.
      3. Is registered by the Board of Examiners of the Professional Regulation Commission (PRC).
    • Nationalistic Perspective:
      • Considers the history, culture, social norms, and laws of a country.

Scope in the Study of Criminology

  1. Making of laws: Study of the origin and development of criminal law.
  2. Breaking of laws: Study of the causes of crimes and development of criminals.
  3. Reaction towards breaking of laws: Incorporates other sciences examining criminal behavior using scientific methods, including:
    • Criminal Demography:
      • Examines the relationship between criminality and population.
    • Criminal Epidemiology:
      • Investigates the relationship between environment and criminality, including spatial distribution in communities.
    • Criminal Ecology:
      • Focuses on criminality in relation to environmental contexts.
    • Criminal Physical Anthropology:
      • Studies criminality in relation to the physical constitution of humans.
    • Criminal Psychology:
      • Analyzes human behavior in relation to criminality.

Laws and Acts Regulating Criminology

  • R.A. 11131: An act regulating the practice of criminology in the Philippines:
    • Section 4 (e):
      • Criminology is defined as the scientific study of crimes, criminals, and victims. It includes prevention and solution of crimes.

Origin of the Word "Criminology"

  • Etymology:
    • Latin: crimen = crime
    • Greek: Logos = study of
  • Historical Development:
    • 1885: Rafaele Garofalo, an Italian law professor, coined the term criminologia.
    • 1889: Paul Topinard, a French anthropologist, employed the term criminologie, leading to the evolution of the term to criminology.

Principal Divisions of Criminology

  1. Criminal Etiology:
    • Scientific analysis of the causes of crimes and criminal behavior.
  2. Sociology of Law:
    • Investigation of the nature of criminal law and its administration.
  3. Penology:
    • Study of crime control and rehabilitation of offenders.
    • Deals with the treatment, management, and administration of inmates (Persons Deprived of Liberty - PDL).
  4. Victimology:
    • A branch of Criminology that examines why certain individuals become victims of crime.

Criminal Law

  • Defined as a branch of public law that:
    • Defines crimes.
    • Discusses the nature of crimes.
    • Provides for their punishment.

Is Criminology a Science?

  • George Wilker's Perspective:
    • Criminology cannot yet be classified as a science due to the absence of universal validity.
  • Edwin H. Sutherland's View:
    • Believed criminology could evolve into a science as the causes of crimes can be biological, environmental, or a combination of both.

Nature of Criminology

  1. Applied Science:
    • Utilizes established principles and concepts from other fields (e.g., Forensic Science).
  2. Social Science:
    • Investigates crime as a social phenomenon impacting society.
  3. Dynamic:
    • Concepts and applications evolve to adapt to changing times.

CRIMES AND CRIMINALS

Definition of Crime

  • A crime refers to an act committed or omitted in violation of public law.
  • It involves any action that breaks a law prohibiting or commanding it.

Classification of Crimes

1. Legal Classifications of Crimes
  • According to Law Violated:
    • Felony:
      • An act or omission punishable by law, committed with dolo (deceit) or culpa (fault), and punishable under the Revised Penal Code.
    • Offense:
      • An act or omission in violation of a special law.
    • Infraction:
      • An act or omission violating a city or municipal ordinance.
2. Classification by Manner of Committing Crime
  • By means of Dolo (Deceit):
    • Crime committed with deliberate intent (intentional felonies).
      • Key elements:
        • Freedom or voluntariness.
  • By means of Culpa (Fault):
    • Felonies committed without malice, resulting in unintentional injury due to negligence or lack of foresight.
      • Key elements:
        • Lack of foresight.
        • Lack of skill.
        • Negligence.
        • Imprudence.
3. Classification by Stages in the Commission of Crime
  • Attempted:
    • Offender starts committing the felony but does not complete all acts due to causes beyond their control.
  • Frustrated:
    • Offender performs all acts necessary to complete the felony but the crime does not occur due to factors out of their control.
  • Consummated:
    • All necessary elements for completion of the felony are present.
4. Classification by Plurality
  • Simple Crime:
    • A single act resulting in one offense.
  • Complex Crime:
    • A single act constituting two or more grave felonies or when one is necessary for committing the other.
    • Types of Complex Crime:
      1. Compound Crime (Delito Compuesto):
        • Consists of two or more grave or less grave felonies.
      2. Complex Crime Proper (Delito Complejo):
        • One offense is necessary for committing the other.
5. Classification by Gravity
  • Grave Felonies:
    • Crimes punishable by capital punishment or afflictive penalties.
  • Less Grave Felonies:
    • Crimes punishable by correctional maximum penalties.
  • Light Felonies:
    • Infractions punishable by arresto menor, fines not exceeding 200 pesos, or both.
  • Penalties Overview:
    • Afflictive Penalties:
      • Reclusion Perpetua (20 years and 1 day to 40 years), Reclusion Temporal (12 years and 1 day to 20 years), Prisión Mayor (6 years and 1 day to 12 years).
    • Correctional Penalties:
      • Prisión Correccional (6 months to 6 years), Arresto Mayor (1 month and 1 day to 6 months).
6. Classification by Nature of the Act
  • Crimes mala in se: Acts inherently evil or wrong (e.g., murder, robbery).
  • Crimes mala prohibita: Acts made punishable only by virtue of law (e.g., illegal possession of firearms, traffic violations).

Criminological Classifications of Crime

  1. According to the Result of the Crime:
    • Acquisitive Crime:
      • Offender gains something (e.g., robbery, estafa, bribery).
    • Destructive Crime:
      • Results in damage or death (e.g., arson, homicide).
  2. According to the Time of Commission:
    • Seasonal Crimes:
      • Occur during specific seasons (e.g., election law violations).
    • Situational Crimes:
      • Committed when the situation allows (e.g., theft, pickpocketing).
  3. According to the Duration of Commission:
    • Instant Crimes:
      • Committed quickly (e.g., theft).
    • Episodic Crimes:
      • Committed through repeated acts over time (e.g., illegal detention).
  4. According to Location:
    • Static Crimes:
      • Occur in a singular location (e.g., theft).
    • Continuing Crimes:
      • Occur across multiple locations (e.g., abduction).
  5. According to Use of Mental Faculties:
    • Rational Crimes:
      • Offender understands actions and consequences.
    • Irrational Crimes:
      • Offender has mental disorders that impair understanding.
  6. According to Type of Offender:
    • White-collar Crimes:
      • Committed by individuals of upper socio-economic status through their occupation.
    • Blue-collar Crimes:
      • Committed by ordinary criminals as a means of livelihood.

Definition of a Criminal

  • Legal Definition:
    • A person is considered a criminal only after a final judgment of guilt in court.
  • Criminological Definition:
    • A person is deemed a criminal the moment they commit a crime.

Classifications of Criminals

  1. According to Etiology:
    • Acute Criminal:
      • Acts due to sudden emotion or reaction.
    • Chronic Criminal:
      • Commits crime with deliberate planning.
    • Neurotic Criminal:
      • Has a mental disorder.
    • Normal Criminal:
      • Commits crime by imitating others.
  2. According to Type of Offender:
    • Ordinary Criminal:
      • Commits crimes without special skills.
    • Organized Criminal:
      • Possesses specific skills and knowledge to avoid detection.
    • Professional Criminal:
      • Highly skilled, operates in groups for large-scale crime.
  3. According to Criminal Activities:
    • Professional Criminal:
      • Takes livelihood from criminal activities.
    • Situational Criminal:
      • Commits crime due to situational factors.
    • Habitual Criminal:
      • Repeatedly commits crimes for various reasons.
    • Accidental Criminal:
      • Unintentionally violates law due to circumstances.

Study of Criminal Law: Evolution of Criminal Laws

A. Prehistoric Crime and Punishment
  • Primitive Tribes:
    • Punishment included ostracism and expulsion.
    • Adultery punishable by aggrieved party possibly resulting in death.
    • Crimes often avenged personally by the victim or their kin.
B. The Early Codes
  • Code of Hammurabi (18th Century BC):
    • First codifier of laws; provided comprehensive laws inscribed in stone.
    • Advocated the law of Talion: “an eye for an eye.”
  • Laws of Solon:
    • Emphasized equal law application and proportionality of punishment.
  • Rome's Twelve Tables (Mid-6th Century BC):
    • Foundation of Roman law inscribed on bronze tablets.

What is LAW?

  • Definition:
    • A set of binding rules of conduct enforced by a controlling authority. The highest law is the 1987 Philippine Constitution.

Types of Laws

  1. Natural Laws:
    • Rooted in core values shared across cultures; protect against harm to persons or property.
  2. Statutes (Statutory Laws):
    • Enacted by legislatures reflecting current social mores; can be controversial.

Criminal Law

  • Revised Penal Code (RPC):
    • Act No. 3815; contains Philippine Criminal Law and special laws; effective from January 1, 1932.
    • Principal Parts:
      • Book One (Articles 1-113):
        • Principles affecting criminal liability and penalties.
      • Book Two (Articles 114-367):
        • Deals with felonies.

Characteristics of Criminal Law

  1. Generality:
    • Applies to all persons within Philippine territory.
    • Exceptions:
      • Crimes on Philippine ships/airships, forgery, offenses by public officers abroad, and crimes against national security.
  2. Prospectivity:
    • Laws apply to crimes committed after their enactment; exceptions for favorable laws.
  3. Specificity and Definiteness:
    • Criminal laws must clearly define punishable acts; interpretation favors the accused in doubt.
  4. Uniformity:
    • All crimes are treated equally regardless of the offender's identity or location in the Philippines; punishments must be uniformly enforced.
  5. Penal Sanction:
    • Criminal law must specify a penalty, as it acts as deterrence and societal protection.

Schools of Thought in Criminology

1. Demonological Theory (Middle Ages)
  • Attributed crime to demonic possession.
2. Classical School of Criminology
  • Beliefs:
    • Free will to choose crime is assumed.
    • Crimes committed weighing pleasure vs. pain; punishment should exceed pleasure of crime.
  • Founders:
    • Cesare Beccaria:
      • Advocated for proportionate punishment.
      • Key ideas include:
        1. People seek pleasure and avoid pain.
        2. Punishment must outweigh gained pleasure.
        3. "Let the punishment fit the crime."
  • Jeremy Bentham:
    • Introduced the felicific calculus; punishment to deter crime for the greater good.
3. Neo-Classical Criminology
  • Modifies classical thought, accepting pathologies and conditions influencing willpower.
    • Mitigating Circumstances:
      • Ex: Deaf, mute, blind, illness affecting willpower.
    • Exempting Circumstances:
      • Imbeciles or insane; children under 9 or without discernment.
4. Positivist School of Criminology
  • Argues crime derives from measurable factors.
  • Highlights individual differences influenced by biology/environment.
  • Father of Sociology & Positivism:
    • Auguste Comte.
  • The Unholy Three of Criminology:
    • Cesare Lombroso:
      • Advocated that criminals have distinctive physical traits.
    • Enrico Ferri:
      • Emphasized social, psychological, and economic factors in crime.
    • Raffaele Garofalo:
      • Argued crime should be studied scientifically; proposed classes of criminals.
5. Chicago School
  • Emerged from urban sociologists at the University of Chicago.
  • Identified zones in cities with high rates of social disorder.

Theories of Crime Causation

1. Cesare Lombroso: The Criminal Man (1876)
  • Emphasized physical traits of criminals; atavistic stigmata indicated predisposition.
  • Classifications of Criminals:
    1. Born criminals with multiple physical traits.
    2. Insane criminals with brain defects.
    3. Criminaloids - habitual offenders or passion-driven criminals.
2. Enrico Ferri
  • Focused on social, psychological, and economic factors.
  • Insights included that not all criminals possess moral responsibility.
3. Biological Theories/Determinism
  • Biological and environmental factors contribute to crimes.
  • Key Concepts:
    • Anthropology: Study of criminal traits.
    • Physiognomy: Relation of facial features to behavior.
    • Phrenology/Craniology: Study of skull shape and crime.
    • Heredity: Research connecting genetics to criminal tendencies.
    • Chromosome Imbalance Theory: Discusses associations of criminality with XYY males showing increased aggression.
4. Psychological Theories/Determinism
  • Attributed criminal behavior to psychological factors like emotions and mental disorders.
  • Sigmund Freud: Criminality linked to imbalance in Id, Ego, and Superego.
5. Sociological Theories/Determinism
  • Sociological factors influence criminal behavior; individuals interact with their environments.
  • Theories include Anomie (Emile Durkheim) and Imitation (Gabriel Tarde).
6. Modern Sociological Theories of Crime Causation
  • Social Structure Theories:
    • Analyze poverty and poor conditions leading to crime.
  • Social Process Theories:
    • Emphasize socialization through interaction leading to crime.
    • Differential Association Theory (Edwin Sutherland): Criminal behavior is learned through socialization processes.

VICTIMOLOGY

  • Focuses on victims and their relationships with offenders and the justice system.
  • Victim Types:
    • Primary Victims: Directly harmed individuals.
    • Secondary Victims: Family or friends of primary victims affected by the crime.
Victim Typology
  • Classification based on demographics and behaviors.
  • Key Concepts:
    • Victim Facilitation: When victims unknowingly enable offenders.
    • Victim Precipitation: The victim’s actions contribute to their victimization.
    • Victim Vulnerability: Factors such as age or mental state increasing likelihood of victimization.

CRIMINAL PSYCHOLOGY

  • Defined as the study of human behavior in relation to criminality.
  • Focus Areas:
    • Human behaviors and thought processes leading to legal violations.
    • Examination of how psychological issues contribute to criminality.
Abnormal Psychology
  • Covers mental disorders potentially leading to criminal behavior.
  • Key Disorders:
    • Schizophrenia: Severe psychosis impacting perception of reality.
    • Mood Disorders: Such as depression and bipolar disorder.
    • Anxiety Disorders: Includes phobias and OCD.
    • Personality Disorders: Including Antisocial Personality Disorder observed in many violent offenders.

CRIME TYPOLOGIES

I. Violent Crimes
  • Characterized by the use of force against victims.
  • Types include:
    • Murder: Unlawful killing under different qualifying circumstances.
    • Rape: Defined under RA 8353 including definitions of consent and authority abuse.
II. Economic Crimes
  • Committed for profit within legal business contexts.
  • Includes:
    • White-collar crimes like fraud and embezzlement.
III. Public Order Crimes
  • Involve acts disturbing public order or morality.
  • Examples:
    • Dangerous drugs violations like importation, manufacturing, and use.

CRIME STATISTICS

Definition
  • Measures the level or amount of crime through the collection of numerical data.
  • Index Crimes:
    • Significant crimes reported to police such as murder and rape.

SALIENT PROVISIONS OF REPUBLIC ACT 11131

  • Defines Criminology as the scientific study of crimes, criminals, and victims.
  • Establishes the role and privileges of registered criminologists including exemption from certain exams and eligibility for various positions in law enforcement.

THE TRI-BUREAU UNDER THE DEPARTMENT OF INTERIOR & LOCAL GOVERNMENT (DILG)

  1. Philippine National Police (PNP):
    • Functions include law enforcement, crime prevention, and investigation.
  2. Bureau of Fire Protection (BFP):
    • Responsible for fire prevention and suppression.
  3. Bureau of Jail Management and Penology (BJMP):
    • Manages city, district, and municipal jails; implements rehabilitation programs for inmates.