Lecture Notes Criminology.pptx

For Philippine Criminology

1. INTRODUCTION TO CRIMINOLOGY

2. Criminology - the body of knowledge regarding crime as a social phenomenon (Edwin H. Sutherland) - a body of knowledge regarding delinquency and crime as a social phenomenon ( Cirilo Tradio ) - study of crimes, criminals and criminal behavior (Webster) - a scientific and humanistic study of the social process of identifying crimes, criminals and the compatible solutions ( Mannle and Herschel)

3. Origin of the word “Criminology” - it originates from the Latin word “ Crimen ” meaning crime/accusations and Greek word “Logos” which means study In 1885, Raffaele Garofalo , an Italian Law Professor coined the term Criminology ( criminologia ) Paul Topinard , French anthropologist ‘ criminologie ’

4. Brief History of Criminology Study of Criminology started in “Europe”. 19 th Century - Cesare Lombroso advocated the theory that crime can be attributed to heredity predisposition. According to Lombroso, a criminal person by birth is a distinct type. It can be recognized through his own personal stigmata or anomalies. Latter part of 19 th Century Criminology was accepted as field of study by the department of sociology in the U.S. 1915 – Environmental factors became popular as the causes of crime.

5. R.A. 6506 “An Act Creating the Board of Criminology in the Philippines and for other Purposes” – the law that creates the Board of Criminology in the Philippines in 1972.

6. Criminologist (R.A. 6506) A person who is a graduate of Bachelor of Science in Criminology, who has passed the examination for criminologist and is registered as such by the Board of Examiners of the PRC. Criminalist A person who is trained in sciences of the application of instruments and methods.

7. Divisions of Criminology 1. Crime Behavior or criminal Etiology – the scientific analysis of the causation of crimes and the criminal behavior 2. Sociology of Law - an attempt at the scientific analysis of the conditions under which penal laws develops as a process of social control - refers to the investigation of the nature of criminal law and its administration (the study of law and its application) 3. Penology – the study of the control of crimes and the rehabilitation of offender

8. Importance of Studying Criminology A source of philosophy of life – the knowledge derived from studying crime is a good foundation for an individual’s philosophy and lifestyle; A background for a profession or for social service; Because criminals are legitimate objects of interest. They should be understood in order to know how to control them; Because crime is a costly problem. The value of property lost, medical expenses, and insurance, moving costs, and intangible costs of pain and suffering is too high as a result of victimization.

9. Purposes of Studying Criminology Studying criminology is aimed towards the following; The primary aim is to prevent the crime problem. To understand crimes and criminals which are basic to knowing the actions to be done to prevent them. To prepare for a career in law enforcement and scientific crime detection. To develop an understanding of the constitutional guarantees and due process of law in the administration of justice. To foster a higher concept of citizenry and leadership together with an understanding of one moral and legal responsibilities to his fellowmen, his community and the nation.

10. Nature of Criminology…Science or Art?? Science – from the Latin word “ scientia ” meaning knowledge . It refers to any systematic knowledge or practice. Art – refers to the use of skill and imagination in the creation of aesthetic objects, environment or experiences.

11. George Wilker - Criminology cannot become a science because it has not yet acquired universal validity. Edwin H. Sutherland - 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.

12. Applied Science – The study of Criminology involves the use of knowledge and concept of other sciences and field of study which makes the study of criminology. (Anthropology, psychology, sociology and other natural sciences may be applied in the study of the causes of crime while chemistry, medicine, physics, mathematics, etc. may be utilized in crime detection.) Social Science – Inasmuch as crime is a societal creation and that it exist in a society, its study must be considered as a part of social science.

13. Dynamic – Criminology changes as social condition changes. That means the progress of criminology is concordant with the advancement of other sciences that have been applied to it. Nationalistic – Study of criminology must be in relation with the existing penal law within a specific territory.

14. Causes of Crime According to Early Theologians St. Augustine – He expressed the early church’s position on crime. “ The church thought of an individual as a God. When one surrendered to the evil, the result is often crime .” Early theologians located the cause of crime in the relationship between the humankind and the evil. St. Thomas Aquinas – He stated that “ People by nature tried to perform good acts. Sin or crime took place when their power to reason failed. ”

15. Causes of Crime According to Early Philosophers Plato stated that certain social and political factors encouraged crime. Aristotle stressed the ability of the law to improve social condition, the distribution of the right and requirements for strict obedience to the state. Voltaire and Rousseau argued that all people have equal rights. Behavior (crime of otherwise) was to be based on one’s ability to reason. Philosopher at this period stated that an unjust legal system encourages crime. When the government begins to take away legal rights, it is committing a crime and revolution is justified.

16. THEORIES OF CRIME CAUSATION 1. Subjective Approach - Deals with the biological explanation of crimes, focused on the forms of abnormalities that exist in an individual before and after the commission of crime. 2. Objective Approach – Deals with the study of groups, social processes and institutions as influenced to behavior. 3. Contemporary Approach – It is the combination of different approaches to explain the reasons or causes for the commission of crimes which focuses on the psychoanalytical, psychiatric and sociological theories

17. Subjective Approaches 1. Anthropological – deals with the study of physical characteristics of an individual offender with non – offenders in an attempt to discover differences covering criminal behavior. 2. Medical Approach – Application of medical examination for the explanation of mental and physical condition of the individual prior and after the commission of the crime.

18. Biological Approach – according to Taft, heredity is one major factor why a person commits crime Physiological Needs – Abraham Maslow explained that the deprivation of the primary needs is a strong factor in the commission of crime Psychological - Concerned in the deprivation of psychological needs of man which constitute the development of deviations of normal behavior resulting to repulsive sentiment and action

19. Psychiatric – this approach explains that mental disease is the reason why a person violates norms and laws of the land Psychoanalytical/Psychodynamic – According to Freud, the imbalance condition of Id, Ego and Superego causes deviation of the individual to the norms of society

20. Objective Approaches Geographical Approach – Considers topography, natural resources, Geographical location, and climate lead an individual to commit crime. Founder Quetelet , “Thermic Law of Delinquency”, crimes against person prevail in the South Pole and during warm season while crimes against property predominate in the North Pole and cold countries.

21. Ecological Approach – according to Robert Ezra Park, this is concerned with the biotic grouping of men resulting to migration, competition, social discrimination, division of labor and social conflict as factors to crime. Economic Approach – Robert King Merton believed that poverty or economic difficulty pushes a person to commit crime in order to support his needs. Socio-Cultural – Albert Cohen affirms that institutions, education, politics and religion are major factors in the commission of crimes.

22. EARLY BEGINNINGS Demonological Theory – It asserts that a person commits wrongful acts due to the fact that he was possessed by demons. PRE 20 TH CENTURY (1738-1798) World of criminology has been divided into three broad schools of thought: Classical Neo-Classical Positivist

23. CLASSICAL SCHOOL OF THOUGHT - advocates are Cesare Beccaria ( Cesare Bonesara Marchese de Beccaria ) who is known as Founder of Classical School of Thought and Jeremy Bentham. Beccaria in his book “An Essay of Crime and Punishment” presented key ideas on the abolition of torture as legitimate means of extracting confession. Beccaria , a graduate of a law degree from the University of Pavia returned home to Milan and joined a group of radial intellectuals, and organized themselves into the ACADEDMY OF FISTS . Their purpose was to investigate the type of reforms that were needed to modernize Italian Society.

24. Beccaria believed that: People want to achieve pleasure and avoid pain. Crime provides some pleasure to the criminal. To deter crime, he believed that one must administer pain in an appropriate amount to counterbalance the pleasure obtain from crime. Famous in sayings “ Let the punishment fit the crime”

25. Characteristics of Classical School The basis of criminal liability is human free will and the purpose of penalty is retribution Man is essentially a moral creature with an absolute free will to choose between right and wrong. That every man is therefore responsible for his act. The law, or the judge, should determine the punishment to be attached to a criminal act and should provide a scale of punishment to all persons committing the same crime, irrespective of age, sex, color, creed, or circumstances.

26. JEREMY BENTHAM (1748- 1832) - proposed “Utilitarian Hedonism” which explains that person always acts in such a way to seek pleasure and avoid pain. Bentham devoted his life to developing scientific approach to the making and breaking laws. He believed in “the greatest happiness of the greatest number of people’’. His work has governed by utilitarian principles.

27. Arguments against Classical School: It treats all people as if they were machines without considering their individual differences and surrounding circumstances during the commission of crime. The punishment imposed upon the first time offender and recidivist is equal. The nature and definition of penalty is not individualized. It does not consider the mental condition of the perpetrator rather it focused on the injury caused. It became the ‘Magna Carta ’ or pattern of the criminal, since he knows what will be the penalty in case he will be arrested, thus he can calculate the pleasure and pain.

28. Neo-Classical School of Thought This school argued that situations or circumstances that make it impossible to exercise freewill are reasons to exempt the offender from conviction. The Classicists believed in the absolute free will of men to choose between pleasure and pain. The person is always totally responsible for the consequences of his acts. On the other hand, the Neo-Classicists argued that it is not always, since the free will of a person is not absolute.

29. Positivist School/Italian School This school of thought emphasizes scientific treatments of criminals, not on the penalties to be imposed because it is believed that man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong in spite of or contrary to his own volition. Maintains that crime as any act is a natural phenomenon and is comparable to disaster or calamity. That crime is a social and moral phenomenon which cannot be treated and checked by the imposition of punishment rather rehabilitation or the enforcement of individual measures.

30. Proponents of this school are: Dr. Cesare Lombroso (Father of Modern Criminology); Enrico Ferri (Best known Lombroso’s associate, brilliant lawyer, accomplished editor, scholar, public lecturer and a great parliamentarian); and, Raffaele Garofalo (Italian nobleman, magistrate, professor of law and senator). They are known as “Holy Three of Modern Criminology”

31. DR. CESARE LOMBROSO – Father of modern Criminology. Wrote “Crime: Its Causes and Remedies” which contains the classification of criminals: Born Criminal – based on the belief the criminal behavior is inherited Criminal by Passion – a person who commits crime due to extreme emotion, impulse of the moment, fit of passion, great anger or jealousy Criminaloid – an individual who commits crime because of weak self control or less physical stigmata

32. Insane Criminal – a person who commits crime by reason of his psychological disorder or mental abnormalities Occasional Criminal – one who commits crime due to insignificant reasons that pushed them to do at a given occasion Pseudo Criminal – an individual who kills a person in self-defense

33. ENRICO FERRI (1856-1929) An Italian, born 1856, author of “The Theory of Imputable and the Denial of Free Will ” published in 1878. He agreed with Lombroso on the biological basis of Criminal’s behavior but his interest in socialism led him to recognize the importance of social, economic, and political determinants. His greatest contribution was his attack on the classical doctrine of free will, which argued that, criminals should be held morally responsible for their crimes because they must have a rational decision to commit these acts . He believed that criminals could not be held morally responsible because they did not choose to commit crimes, but rather were driven to commit crimes by conditions in their lives .

34. RAFFAELE GAROFALO He treated the roots of the criminals’ behavior not to physical features but to their psychology equivalent, which he referred to as moral anomalies. He rejected the doctrine of freewill. Classify criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious Criminals.

35. SOCIOLOGICAL DETERMINISM ANOMIE THEORY (1858-1917) David Emile Durkheim (considered as one of the Founding Fathers of Sociology) proponent of this theory Concerned on the sociological point of view of positivist school which explains that the nonexistence of norms in a society encourages a person to commit crimes.

36. Durkheim describes the feelings of alienation and confusion associated with the breakdown of social bonds. He said that human conduct lies not in the individual but in the group and social organization. Individuals in the modern era tend to feel less connected to a community than did their ancestors, and thus their conduct is less influenced by group norms.

37. Durkheim proposed the following principles: Crime is a natural thing in the society; The concept of wrong is necessary to give meaning to right; Crime help society for changes – it means that a society to be flexible to permit positive deviation must permit negative deviations as well  

38. PSYCHOANALYTICAL THEORY (1856-1969) - developed by Sigmund Freud (Father of Psychoanalysis) Criminality is a manifestation of psychological conflict and a criminal behavior is a form of neurosis. -crimes happened due to poor moral development, inadequate childhood socialization, defective conscience or emotional maturity - Freud suggests three elements of personality, Id, ego and superego which if not developed properly may result to commission of crimes

39. NOTE: The most important concept of Psychoanalysis is the UNCONSCIOUS (traumatic experiences etc.) The next most important idea is CONFLICT (simultaneous arousal of two or more incompatible motives resulting to unpleasant emotions). Types of Conflicts : Double Approach Conflict – a person is motivated to engage in two desirable activities that cannot be pursued simultaneously.

40. Double Avoidance Conflict – a person faces two undesirable situations in which the avoidance of one is the exposure to the other resulting to an intense emotion. Approach_ Avoidance Conflict – a person faces situation having both a desirable and undesirable feature. It is sometimes called “dilemma”, because some negative and some positive features must be accepted regardless which course of action is chosen.

41. Multiple Approach-Avoidance – situation in which a choice must be made between two or more alternatives each has both positive and negative features. It is the most difficult to resolve because the feature of each portion are often difficult to compare.

42. Components of Personality: Id – the only component of personality present from birth Entirely unconscious and includes instinctive and primitive behaviors Pleasure-seeking component of personality Ego – responsible for dealing with reality; reality principle It develops from the id and it ensures that the impulses of the id can be expressed in a manner acceptable in the real world Partly unconscious and partly conscious

43. Superego/Conscience – last component of personality to develop - Aspect of personality that holds all our internalized moral standards and ideals that we acquire from both parents and society – our sense of right and wrong -Begins to emerge at around of age five (5) NOTE: Personality refers to a complex set of emotional and behavioral attributes that tend to remain relatively constant as the individual moves from situation.

44. HUMAN ECOLOGY THEORY (1864-1944) Human ecology is the study of the interrelationship of people and environment. It is believed that isolation, segregation, competition, conflict, social contract, interaction and social hierarchy of people are the major influences of criminal behavior and crimes. According to Robert Ezra Park , the changes in the environment where the people live will cause changes in the society.

45. SOMATOTYPING THEORY (1888-1964) Ernest Kretschmer , a German Psychiatrist originated the idea of somatotyping 3 Major Types of Physique: Asthenic – skinny and slender with lean, slightly built and narrow shoulders. Prone to commit fraud and theft. Athletic – tall, strong and muscular who are usually involved in crimes against person because they are generally violent Pyknic – broad face, massive neck, medium height, and with rounded bodies. Generally commit crimes related to trickery, swindling and violence.

46. SOMATOTYPING THEORY (1898-1977) William Herbert Sheldon believed that heredity is the principal determinant of behavior and the physique is a dependable and unswerving indicator of personality Sheldon combines the biological and psychological explanation to understand deviant behavior which classified body physique.

47. Sheldon’s Classification of Body Physique: Endomorphy – relaxed and comfortable persons with predominance of soft and roundedness throughout the different regions of the body with short tapering limbs, small bones, smooth velvety skin and love luxurious things and conditions in life. Essentially outgoing and gregarious or extrovert persons.

48. Body Features: Soft body underdeveloped muscles Round shaped Over-developed digestive system Associated Personality Traits: Love of food Tolerant Evenness of emotions Love of comfort Sociable Good humored Relaxed Need for affection

49. Mesomorphy – commonly called as the athletic type of person who behave, act and talk aggressively, characterized by predominance of muscles, large wrist and hands. Tend to commit crimes of violence.

50. Body Features: Hard, muscular body overly mature appearance upright posture thick skin Rectangular shaped Associated Personality Traits: Adventurous desire for power and dominance Courageous Indifference to what others think or want Assertive, bold zest for physical Competitive love of risk and chance

51. Ectomorphy – introvert persons who are poorly muscled and characterized by thin physique, flat chest, fragile and delicate bones. Body Features: Thin and flat chest delicate build, young appearance Tall but lightly muscled stoop-shouldered Large brain

52. Associated Personality Traits: Self-conscious and preferences for privacy introverted and inhibited Socially anxious Artistic and mentally intense Emotionally restrained

53. DIFFERENTIAL ASSOCIATION THEORY (DAT) 1883-1950 simply believes that criminal behavior is learned and not inherited. developed by Edwin H. Sutherland – most important criminologist of the 20 th century due to the fact that he has a brilliant explanation about crimes and criminality, thus, he is considered as the Dean of Modern Criminology. He state that “While criminal behavior is an expression of the general needs and value, it is not explained by those general needs and value, since non-criminal behavior is an expression of the same needs and value.”

54. CONTAINMENT THEORY (1899-1988) this theory is a form of control which suggests that a series of both internal and external factors contributes to criminal behavior. According Walter Reckless , external forces are composed of outer structures like blocked opportunities, poverty and unemployment while the internal structures are the individuals self control ensured by strong ego, good self image, well developed conscience, high frustration tolerance and high sense of responsibility

55. SOCIAL CLASS CONFLICT AND CAPITALISM THEORY (1818-1940) Karl Marx, Frederick Engel and Willhem W. Bonger are the main proponents of this theory. Argue that upper class in a capitalist society is responsible for the conception of penal law and the ideological biases in the interpretation and enforcement of laws. Thus, criminality is very much reflected on the exploited and abused members of the underprivileged population; who are usually unemployed or underemployed.

56. STRAIN THEORY (1910) Robert King Merton is the leading sociologist of the late 20 th century who also related criminality to lack or absence of norms. Merton asserted that a man who failed to achieve higher status/goals in life caused him to commit crimes in order for those status/goals to be attained.

57. SUB-CULTURE THEORY (1918) According to Albert Cohen , the lower class cannot socialize effectively to the middle and higher classes because the latter would not accept the behavior of the former. Thus, the members of the lower class gather together to share their common concerns which subsequently form a sub-culture that rebuffs the middle class values.

58. NEUTRALIZATION THEORY Gresham Sykes believed that a person will follow or break law depending upon whether he will be benefited or not. Such that if the societal rules are favorable to him, the latter are very much willing to obey it, otherwise, he will transgress.

59. GENERAL STRAIN THEORY (ROBERT AGNEW) Agnew’s general strain theory is based on the general idea that "when people are treated badly they may get upset and engage in crime" (Agnew, forthcoming). The general strain theory identifies the ways of measuring strain, the different types of strain, the link between strain and crime, and policy recommendations based on the theory.

60. Major Types of Strain: Failure to achieve positively valued stimuli The loss/removal of positively valued stimuli   The presentation of negative stimuli

61. DIFFERENTIAL OPPORTUNITY THEORY According to Lloyd Ohlin , there are different opportunities for the lower and upper classes of the society. The lower is usually deprived of the abundant resources that the upper is enjoying. This causes the underprivileged to get involved to illegitimate activities in order to achieve their ambitions and to become equal to the standing of the upper class people in the society.

62. LABELING THEORY /Symbolic Interactionism Theory (SOCIAL REACTION THEORY) The founders of this theory are Frank Tennenbaum , Edwin Lemert , & Howard Becker . This is concerned with how the self-identity and behavior of an individual is influenced (or created) by how that individual is categorized and described by others in their society. It focuses on the linguistic tendency of majorities to negatively label minorities or those seen as deviant from norms, and is associated with the concept of a self-fulfilling prophecy and stereotyping.

63. INSTRUMENTALIST THEORY Earl Richard Quinney claimed that the upper classes are using the existence of the state to exploit the lower classes by making laws for their own benefit, protection and interest.

64. DIFFERENTIAL IDENTIFICATION THEORY Daniel Glasser maintained that a person pursues criminal behavior to the extent that he identifies himself with real or imaginary persons from whose perspective his criminal behavior seems acceptable. A person with the susceptibility of becoming a thief will consider thieves as his ideal person to identify himself. The identification need not be an intimate personal association but it may be done by identifying himself with characters in movies, radio and televisions.

65. CONFLICT OF CULTURE THEORY Thorsten Sellin emphasized that the multiplicity of incompatible culture is the main source of social disorganization. The high crime and delinquency rates of certain ethnic or racial group is explained by their exposure to assorted, diverse and incongruent standards and code . Their own standards and code conflicts that of a larger society. The high degree of population mobility magnifies the cultural diversity and exposure of children to varied cultures. The more intricate the culture becomes, the greater is the chance that the worms of various groups will conflict

66. THEORY OF EVOLUTION According to Charles Darwin , humans like other animals are parasite. Man has animalistic behavior, man kills and steals to live.

67. OTHER SCHOOL Chicago School The founders are Robert Ezra (1864 – 1944),Ernest W. Burgess (1886 – 1966), and Louis Wirth (1897 – 1952) - Professors of Sociology Dept at University of Chicago. Pioneered research on social ecology of the city Some neighborhoods become “Natural Areas” for crime They found that children who grow in old home wracked by conflict, attend inadequately in schools or associated with deviant peers and become exposed to pro-crime forces

68. Studies on Human Behavior and Mind in Relation to the Causes of Crime Psychoanalytic factors focuses on the analysis of human behavior. Psychiatric factors focuses on the study of human mind.

69. AUGUST AICHORN in his manuscript entitled “Wayward Youth, 1925” he argued that the cause of crime and delinquency is the faulty development of the child during the first few years of his life. As child, the human beings typically follow only his pleasures impulses instinctively, soon as he grew up and he must control it. Otherwise, he suffers from faulty ego development and grows up to be delinquent.

70. ABRAHAMSEN in his book “Crime and the Human Mind” 1945, he explained the origin of crime by this formula . “Criminal behavior is a result of criminalistic tendencies plus crime emotional resistance to temptation.”

71. Criminal Formula According to Abrahamsen in his book entitled, “Crime and Human Mind” in 1945, he explained the causes of crime by this formula: Where: C – Crime/Criminal Behavior (Act) T – Tendency (Desire/Intent) S – Situation (opportunity) R – Resistance to Temptation (Control)  

72. CYRILL BURT in his book “Young Delinquent, 1325” he gave the hypothesis of general emotionality. According to him many offenses may be traced to either excess or deficiency of a particular instinctive drive. An overload of the submissive instinct account for the tendency of many criminals to be weak willed or easily led . Fear and absconding may be owed to the impulse of fear. Cruel and unsympathetic type of offenders may be the result of the shortage in the primitive emotion of love and a surplus of the instinct of hate.

73. HEALY in his book “Individual Delinquency”, he asserted that crime is an expression of the individual which causes emotional anxiety, personality demands, removal of pain and the pain is eliminated and delinquency of the individual.

74. BROMBERG in his writing, “Crime and the Mind, 1948” he asserted that criminality is the consequence of emotional immaturity. A person is deemed emotionally matured when he has learned to control his emotion affectively and who lives at peace with himself and in harmony with the standards of conduct which are acceptable to the society. An emotionally immature person defies against rules and regulations and tends to engage in unusual activities and experience a feeling of guilt due to inferiority complex.

75. DR. CESARE LOMBROSO – The world famous authority in the field of criminology who advocated the Positivist Theory: that crime is essentially a social and moral phenomenon and it cannot be treated and checked by the imposition of punishment; and that a criminal is just any person who is sick, that he should be treated in the hospital for his possible rehabilitation and reformation.

76. DR. CHARLES BUCKMAN GORING – An English statistician, who studied the case histories of 2,000 convicts, and found that heredity, is more influential as determiner of criminal behavior than environment.

77. ALPHONSE BERTILLION – One who originated a system of classifying criminals according to body measurements(anthropometry). Because the human skeleton is unchangeable after the 20 th year and because no two individuals are alike in all dimensions; this method of identification received prominence in 1880’s.

78. EDWIN H. SUTHERLAND – An American authority in criminology, which in his book “Principles of Criminology” considers criminology at present as not a science, but he has hopes of becoming a science. - He is considered as the Dean of Modern Criminology. He advocated the Differential Association Theory.

79. GEORGE L. WILKER – Argued that criminology couldn’t possibly become a science. Accordingly, general propositions of universal validity are the essence science; such prostitutions can be made only regarding stable and homogeneous units but varies one time to another; therefore, universal proposition cannot be made regarding crime, and scientific studies of criminal behavior are impossible.

80. CESARE BECCARIA – Who is his book: An Essay of Crimes and Punishments,” advocated and applied doctrine penology, that is to say make punishment less arbitrary and severe; that all the persons who violated a specific law should receive identical punishment regardless of age, sanity, wealth, position, or circumstance.

81. R. GAROFALO – Another Italian authority in criminology, who developed a concept of the natural crime and defined it as a violation of the prevalent sentiments of pity and probity.

82. Wilhelm. A. BONGER – An emotional authority in criminology, who classified crimes by motives of the offenders as economic crimes, sexual crimes, political crimes, and miscellaneous crimes with vengeance as the principal motive.

83. HENRY HERBERT GODDARD – Who advocated the theory that “feeblemindedness” inherited as Mendelian Unit, causes crime for the reason that the feebleminded person is unable to appreciate the consequences of his behavior, or appreciate the meaning of the law.

84. DAVID W. MAURER – An American authority in police administration who, in his book “The Big Con,” once said, “The dominant culture could control the predatory cultures without difficulty, and what is more, it would exterminate them, for no criminal subculture can operate continuously and professionally without the connivance of the law.”

85. PETER RENIZEL – A private person who in 1669, established a workhouse in Hamburge at his own expense because he had observed that thieves and prostitutes were made worse instead of better by pillory, and hoped that they might be improved by work and religious instruction in the workhouse.

86. AGUSTE COMTE (1798-1857), a French sociologist, firmly rooted the application of the modern methods of physical sciences in the social sciences with his volume COYURS de Philosophie Positive (Course of Positive Philosophy), published between 1830 and 1842. He argued that these could be no real knowledge of social phenomena unless it was based on a positivist (scientific) approach. He is considered as the founder of sociology According to Comte societies pass through stages: People from primitive societies believe that inanimate objects have life Ex. Sun is god In later social Stages, People embrace rational and scientific view of the word and this is what we called positive stage.

87. BIOLOGICAL DETERMINISM GIAMBATTISTA DELLA PORTA and JOHANN KASPAR LAVATER (1535- 1615) founded the school of human physiognomy, the study of facial features and their relation to human behavior. Greek ‘ physis ’ – nature and ‘gnomon’ –judge/interpreter Physiognomy  The study of facial features of criminals to determine whether the shape of the ears, nose, and eyes and distances between them were associated with anti-social behavior ;  an assessment of person’s character/ethnic origin/ personality from his outer appearance

88. FRANZ JOSEPH GALL (1758 – 1828 ) AND JOHANN K. SPURHEIM (1776 – 1832) both Phrenologist Phrenology – The study of the shape of the skull and bumps of the head to determine whether these physical attributes were linked to criminal behavior. Craniometry /Craniology – measurement of cranial features in order to classify people according to race, criminal temperament, intelligence; skull size and shape determine brain size which determines such things as intelligence and capacity for moral behavior

89. PHILIPE PINEL – One of the founders of French psychiatry, claimed that some people behave abnormally even without being mentally ill, referred as “Psychopathic Personality” HENRY MAUDSLEY – (1835 – 1918) English statistician believed that insanity and criminal behavior were strongly linked. CHARLES CALDWELL , an American physician who supported these views, he searched for evidence that brain tissue and cells regulate human action.

90. ENVIRONMENTAL FACTORS LAMBERT ADOLPHE JACQUES QUETELET (ADOLPHE QUETELET) – A Belgian mathematician did an elaborate analysis of crime in France, Belgium and Holland. He was the first to take advantage of the criminal statistics that was beginning to become available in the 1820’s. He was the “First Scientific Criminologist”, employing an approach to his subject matter which was very similar to that of modern criminologist. He is considered as the “ Father of Modern Sociological and Psychological Statistic” . He discovered, basing on his research, that crimes against persons increased during summer and crimes against property tends to increase during winter.

91. ANDRE MICHEL GUERRY (MICHAEL GUERRY) – sometime after 1825, published the first book in “Scientific Criminology”. He was more cartographic in his approach, relaying exclusively in shaded areas of maps in order to describe and analyze variations in French official crime statistics. Since he employed these sections of maps and used these as principal unit of analysis, he is often viewed as the “Founder of the Ecological or Cartographic School of Criminology”.

92. GABRIEL TARDE (1843 – 1901), - fifteen years as a provincial judge. He formulated his theory in terms of laws of imitation – a principle that govern the process by which the people became criminals. One of the earliest sociological theories of criminal behavior, in his Theory of Imitation-Suggestion, delinquency and criminal matters are learned and adopted . The learning process may either be conscious type of copying (imitation) or unconscious copying (suggestion) of confronting pattern of behavior. The pattern of crime, like fashion may easily fade, may last for a long time and may be transmitted from generation to generation. It may spread from the place of its origin outward to the periphery.

93. ERNEST HOOTON – an anthropologist who reexamined the work of Goring and found out that “Tall thin men tend to commit forgery and fraud , undersized men are thieves and burglars, short heavy persons commit assault, rape and other sex crimes; whereas as mediocare (average) physique flounder around among other crimes.” He also conducted a study involving comparison of a large sample of prisoners and non-prisoners in the United States and concluded that “criminals are biologically inferior”.

94. ELEANOR GLUECK stressed, however that the build is not a direct cause of delinquency rather a person’s physical appearance may simply just affect his behavior. For example, the muscular boys who look up to by friends may commit aggressive act to maintain their respect and admiration.

95. RAWSON R. RAWSON – utilized crime statistics to suggest a link between population density and crime rates with crowded cities creating an environment conducive for crime. HENRY MAYHEW – used empirical methods and an ethnographic approach to address social questions and poverty and presented his studies in London Labour and the London Poor

96. SOME IMPORTANT TERMS CRIMINOGENIC PROCESS – explain human behavior and experiences, which help determine the nature of a person’s personality as a reacting mechanism; that factors of experiences in connection thereto infringe differentially upon different personalities; producing conflict, which is the aspect of crime

97. CRIMINAL PSYCHODYNAMIC – the study of mental processes of criminals in action; the study of the genesis, development, and motivation of human behavior that conflicts with accepted norms and standards of society; this study concentrates on individuals as opposed to general studies of mass populations with respect to their criminal behavior

98. CULTURAL CONFLICTS – a clash between societies because of contrary beliefs or substantial variance in their respective customs, language, institutions, habits, learning, tradition, etc. DEMENTIA PRAECOX – a collective term of mental disorders that begin at, or shortly after puberty and usually lead to general failure of the mental faculties, with the corresponding physiological impairment.

99. DELUSION – in medical jurisprudence, a false belief about self, caused by morbidity, present in paranoia and dementia praecox EPISODIC CRIMINAL – a non-criminal person who commits a crime when under extreme emotional stress; a breaks down and commits crime as a single incident during the regular course of natural and normal events

100. INHERITANCE – transmission of physical characteristics, mental traits, tendency to disease, etc., from parents to offspring. In genetics, the tendency manifested by an organism to develop in the likeness of a progenitor due to the transmission of genes in the productive process HEREDITARY – have been believed to share about equally in determining disposition that is, whether cheerful or gloomy, his temperament, and his nervous stability

101. HALLUCINATION – act of seeing or hearing something which does not exist KLEPTOMANIAC – uncontrollable morbid propensity to steal or pathological stealing. The symptoms of this disease usually consist of peculiar motives for stealing and hoarding MELANCHOLIA – mental disorder characterized by excessive brooding and depression of spirits; typical of manic-depressive psychosis MEGALOMANIA – mental disorder in which the subject thinks himself great or exalted ANTHROPOLOGY – science devoted to the study of mankind and its development in relation to its physical, mental and cultural history

102. BIOMETRY – in Criminology, a measure or calculating of the probable duration of human life; the attempt to correlate the frequency of crime between parents and children and brothers and sisters (siblings) EUTHANASIA (mercy killing) – signifies the release from life given sufferer from an incurable and painful disease BIOSOCIAL BEHAVIOR – person’s biological heritage, plus his environment and social heritage, influence his social activity. It is through the reciprocal actions of his biological and social heritages that a person’s personality is developed

103. CRETINISM – a disease associated with prenatal thyroid deficiency and subsequent thyroid inactivity, marked by physical deformities, arrested development, goiter, and various forms of mental retardation including imbecility (French cretin: 1.deformed and mentally retarded person, esp. as the result of thyroid deficiency. 2 colloq. stupid person. cretinism n. cretinous adj.– Pocket Oxford English Dictionary)

104. CRIME INDEX – composed of selected offenses to gauge fluctuations in the over-all volume and rate of crime reported to law enforcement. The offenses included are the violent crimes of murder, forcible rape, robbery and aggravated assault, and the property crimes of burglary, larceny, theft, and motor vehicle theft REGIONALISM – crime rates not only vary from one relation to another, but also generally among the several sections of each section of each nation. Such that the rate of convictions for homicides per million populations varies widely in different regions in the whole Philippines ALIENIST – term applied to specialist in the study of mental disorders sometimes interchangeably used with psychiatrist

105. HOME – cradle of human personality BAD NEIGHBORHOOD – areas or places in which dwellings or housing conditions are dilapidated, unsanitary, unhealthy, which are therefore, detrimental to the morale, health and safety of the populace BROKEN HOME – legal separation, de facto separation between parents, or natural separation, or lack of interest on the part of the parents in the welfare of the children. One factor of juvenile delinquency.

106. School – is a strategic position to prevent crime and delinquency. Government – the organized authority that enforces laws of the land and one of the most powerful in the control of the people. Norm – the proper way of behaving for a number of situations. Mores – are special folkways which are important to the welfare of the people and their cherished values. Based on ethical and moral values.

107. Criminal Demography – study of the correlation between criminality and population. Criminal Ecology – study of criminality in relation to spatial distribution in the community. Criminal Epidemiology – study of the connection between environmental (milieu) and criminality. Criminal Physical Anthropology - study of criminality in relation to physical constitution of men. Instrumentation – is the application of instrument and methods of Criminalistics to the detection of crime. Sociology – the study of human society, its origin, structure, function, and direction.

108. Kallikak Family Tree (Henry Herbert Goddard) Martin Kallikak was a soldier of the American revolutionary war and while stationed in a small village he met and had illicit relations with a feeble-minded girl. About 489 descendants from this lineage where traced which included 143 feeble-minded and only 46 were normal. Thirty-six were illegitimate, 3 were epileptic, 3 criminals, 8 kept brothels and 82 died in infancy. At the close of the war, Martin Kallikak Sr. returned to his home and married a quaker of good family. Out of this marriage, 4, 967 of the descendants has been traced and all but I was convicted of religious offense, 15 died in infancy and no one become criminal or epileptic.

109. Juke family Tree (Richard Louis Dugdale ) The Juke family consisted of 6 girls some of whom were illegitimate. One of the six sisters, Ada Juke was known as “Margaret”, the mother of criminals. Dugdale traced the 1,200 descendants for 75 years from its origin and found 280 as paupers, 140-criminals, 60 habitual thieves, 300 infants prematurely born, 7 murders, 50 prostitutes, 440 contaminated with sexual diseases and 30 were prosecuted for bastardy.

110. Sir Jonathan Edwards Family Tree (Charles Buckman Goring) Sir Jonathan Edwards was famous during colonial period. When his family tree was traced, none of the descendants was found to be criminal. On the other hand, many become presidents of the United States, governor, members of Supreme Court, famous writers, preachers and teachers.

111. CRIMINAL PSYCHOLOGY Psychology - is a branch of knowledge regarding human behavior, science of behavior and mental processes Criminal Psychology – is a sub-field of general psychology; the study of criminal behavior in relation to criminality; the study of criminal conduct and activities in an attempt to discover recurrent patterns and to formulate rules about behavior Behavior – refers to actions or activities Criminal Psychiatry – study of human mind in relation to criminality. Psychiatry – the study of human mind.

112. KINDS OF BEHAVIOR Simple or Complex – classified based on number of neurons involved. If there is less neurons in certain act, it is simple. If there is more then it is complex behavior. Overt or Covert – overt behavior is observable while covert is not visible to the naked or hidden Conscious or Unconscious – considered conscious when a person is aware of his actions and if not then it is considered unconscious. Rational or Irrational – rational when it is done with sanitary while irrational is done without knowing the nature and consequences of the actions. Voluntary or Involuntary – voluntary is an act done willingly while the involuntary is the body activities and processes which we cannot stop.

113. Aspects of Behavior Attitude/Value – pertains to our likes and dislikes or our interest toward something. Emotional – concerns with our feelings, moods, temper. Intellectual – mental processes such decision making, reasoning and solving problems. Moral – pertains to conscience whether the action done is good or bad. Psychosexual – concerns with the state of being whether a man or woman. Political – involves our ideology towards government. Social – refers to our interaction and relationship with other people.

114. LEVELS OF MENTAL RETARDATION: Mild Mental Retardation (I.Q. 56-67  Educable Moderate Mental Retardation (I.Q. 36-51 )  Trainable Severe Mental Retardation (I.Q. 20-35  Dependent Retarded Profound Mental Retardation (I.Q. under 20  Life Support Retarded

115. Sexual Deviation – refers to the impairment of either the desire for sexual gratification or in the ability to achieve it (Coleman, 1980). A. Those affecting Males Erectile Insufficiency (Impotency) – sexual disorder characterized by the inability to achieve or maintain erection for successful intercourse. Pre- Mature Ejaculation – it is the unsatisfactory brief period of sexual stimulation that results to the failure of the female to achieve satisfaction. Retarded Ejaculation – inability to ejaculate during intercourse-resulting to worry between partners.

116. B. Those affecting Females Arousal Insufficiency (Frigidity) – sexual disorder characterized by partial or complete failure to attain the lubrication or swelling response of sexual excitement by the female partner. Orgasmic Dysfunction – sexual disorder characterized by difficulty in achieving orgasm. Vaginismus /vaginal lock – involuntary spasm of the muscles at the entrance to the vagina that prevent penetration of the male sex organ. Dyspareunia – painful coitus/painful sexual acts in women.

117. Sexual Behavior Leading to Sex Crimes: A. Choice of Partner Auto Sexual – masturbation/self gratification. Bestiality – sex intercourse with animals. Gerontophilia – erotic desire with elder person. Incest – sexual relationship between people with blood relationship Pedophilia – sexual desire with a child. Necrophilia – sexual perversion with a corpse or dead body.

118. B. Sexual Urge Nymphomania – a strong sexual feeling of women with an excessive sexual urge. Satyriasis – an excessive (sexual urge) desire of men to have sexual intercourse.

119. C. Mode of Expression 1. Algolagnia ( Sado -Masochism) – sexual gratification is attained through pain or cruelty. Two classifications: Sadism – sexual pleasure is achieved through infliction of pain on the partner. Masochism – sexual pleasure is obtained through infliction of pain on oneself. 2. Oralism – the satisfaction is attained by the use of mouth or tongue. Anillingus – licking of the anus of the sexual partner Cunnillingus – this is attained by licking the female genitalia Fellatio – licking and sucking the male organ

120. D. Part of the Body Sodomy – insertion or penetration of the penis or object to the anus of the partner. Uranism – sexual gratification is attained through fingering, holding the breast or licking the parts of the body. Frottage – the act of rubbing the sex organ against body parts of the partner to achieve gratification. Partialism – it refers to the sexual libido on any part of the body of a sexual partner.

121. E. Sexual Reversals Homosexuality – sexual behavior directed towards the same sex (lesbianism/ tribadism for female relationships). Transvestism – refers to the achievement of sexual excitation by dressing as a member of the opposite. Fetishism – sexual gratification is obtained by looking at some body parts, underwear of the opposite sex or other objects associated with the opposite sex.

122. F. Visual Stimulus Scoptophilia – sexual behavior characterized by watching undress or nude people especially during sexual activity. Voyeurism – sexual gratification is obtained thru watching person doing something which might undress herself in a private area. The maniac is called Peeping Tom who usually masturbates while doing his sexual behavior.

123. G. Other Sexual Abnormalities Coprolalia – sexual happiness is attained by using obscene language while having sexual intercourse. Don Juanism – act of seducing women without permanency of sexual partner. Exhibitionism – indecent exposure of sex organ at other people. Pygmalionism

124. FINALS

125. SOCIOLOGY OF LAW - is an attempt at scientific analysis of the conditions under which criminal laws develop as a consequence of a behavior of mankind for the good and welfare of the state.

126. Study of Criminal Law Criminal Law – branch of public law which defines crime, treats of their nature and provides punishment for their violation (penal law). Revised Penal Code (Act No.3815) – book that contains the Philippine Criminal Law and different special laws and decrees which are penal in nature.

127. Characteristics of Primitive Laws Code of Hammurabi – considered one of the first-known attempt to establish written code of conduct. It was instituted by King Hammurabi who ruled the Babylon at approximately 2,000B.C. He was the sixth king of the first dynasty of Babylon and ruled nearly 55 years.

128. 5 Sections of Code of Hammurabi A penal or codes of laws. A manual of instruction for judges, police officers and witness. A handbook of rights and duties of husbands, wives and children. A set of regulations establishing wages and prices. A code of ethics for merchants, doctors and officials.

129. The Mosaic Code – based on the assumption that God entered into the covenant with the tribes of Israel, had a long-lasting impact on our collective consciousness. Moses returned from a mountain top carrying the Ten Commandments which were inscribed on two stone tablets. These commandments subsequently became the foundation of Judeo-Christian morality. The prohibition against murder, theft, and perjury were all present in the Mosaic Code.

130. 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

131. The Code of Twelve Tables - Roman law began with the Twelve Tables which were written in the middle of the sixth century BC - the foundation of all laws in Rome and written in tablets of bronze - drafted by the Decemvirs , a body of men composed of patricians – these tables were collection of basic rules in relation to the conduct of family and religious economic life.

132. 529 A.D. – Emperor Justinian I codified the Roman Laws into set of writings-the Justinian Code which distinguishes two major types of laws, public and private laws. Law – is a rule of conduct, just and obligatory, promulgated by the legitimate authority for common observance and benefits. (comes from the Latin word ‘ lex ’ – to bind) Public Laws – dealt with the organization and the administration of the Republic. Private Laws – addressed the issues such contracts, possessions and other property rights. The legal status of each person such as slaves, husbands, wives and injuries to citizens.

133. History of Philippine law Revised Penal Code (RPC) It is called as RPC because the old penal code which took effect in the country on July 14, 1887 and was enforced until Dec.31,1931 was revised by the Committee created by Administrative order No. 94 of the Department of Justice dated Oct.18, 1927, composed of Anacleto Diaz as Chairman, Quintin Paredes , Alex Reyes and Mariano de Joya as members. The RPC was approved on Dec.8, 1930 and took effect on Jan.1, 1932.  

134. Principal Parts of the RPC It is composed of two books; book one which is composed of article 1-113 and book two covering article 114-367. Articles 1-20 – principles affecting criminal liability Articles 21-113 – penalties including criminal and civil liability. Articles 114-367 – felonies

135. Characteristics of the RPC A. Generality – the law is applicable to all persons within the territory irrespective of sex, race, nationality or civil status except: Head of State Foreign Diplomats, ambassadors, who are duly accredited to our country. Foreign troops permitted to march within the territory

136. Exception to the General Application(TIP): T reaties Principles of Public I nternational Law Laws of P referential Application

137. B. Territoriality – the RPC is applicable to felonies committed within the Philippine territorial jurisdiction under article 1 of the constitution. “The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal water.”

138. C. Prospectivity – the provision of the RPC cannot be applied if the act is not yet punishable on the time the felony was committed. However, it may have a retroactive effect if it is favorable to the accused who is not a habitual delinquent.

139. What is Crime? An act or omission punishable by law or compelled by law; an act committed or omitted in violation of public law forbidding or commanding it or the commission or omission by a person having legal capacity of any act which is prohibited

140. Categories of Crimes Felony – act or omission punishable by the RPC. Offense – act or omission punishable by the special laws or presidential decrees. Infraction – breach of municipal or city ordinance.

141. ELEMENTS OF FELONY IN GENERAL: An act or omission Act or omission punishable by the RPC Act is performed or omission is incurred by means of dolo or deceit

142. Act – is any bodily movement tending to produce some effects in the external world Omission – inaction, the failure to perform an act one is bound to do or failure to perform a positive duty

143. ELEMENTS OF CRIME: According to RPC (Legal) Desire – what induces or pushes a person to commit crime Opportunity – the physical possibility that the crime could have been committed. Capability – ability of the person to execute the act or omission. According to Criminology Concept Motive – reason or cause why a person or group of person will perpetrate a crime Instrumentality – means or implement used in the commission of crime Opportunity – consists of the acts or omissions and/or commissions by a person (victim), which enables another person or group of persons (the criminal/s) to perpetrate the crime

144. Legal Classifications of Crime Manner of Commission Dolo / deceit – When the act is with deliberate intent. Fault/Culpa – When the wrongful act results from imprudence, negligence, lack of foresight or lack of skill.

145. B. Stage in the Execution of the Crime Attempted – the offender commences the commission of a felony directly by overt acts, but does not perform all the acts of execution which should produce a felony by reason of some causes or incidents other than his own spontaneous desistance. Frustrated – the offender performed all the acts of execution and the felony is actually accomplished. All the element for its execution are present. Consummated – the offender has performed all the acts of execution and the felony is actually accomplished. All the elements for its execution are present

146. C. Plurality of the Crime Simple Crimes – when a single acts constitute only one offense. Complex Crimes – when a single act constitutes two or more grave felonies or when an offense is a necessary means for committing the other.

147. D. Gravity and Penalty Grave – the law attaches the capital punishments or afflictive penalties. Less Grave – the law punishes with penalties which are correctional in nature. Light – infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both are imposed.

148. Criminological Classification of Crime A. Result Acquisitive Crime – when the offenders acquire something as a consequence of his criminal act. Extinctive Crime – when the end result of the criminal act is destructive

149. B. Time or Period Committed Seasonal – those that are committed only at certain period of the year. Situational – those committed only when the situation conducive to their commission.

150. C. Length of time Committed Instant Crime – those committed at the shortest possible time. Episoidal – those crime committed by a serial act in a lengthy space of time. D. Place or Location Static – those committed only in one place Continuing – those committed in several places.

151. E. Use of Mental Faculties Rational – those committed with full possession of his mental faculties or sanity. Irrational – those committed by a person who does not know the nature and quality of his act on account of the disease of the mind.

152. F. Types of Offenders White Collar – those committed by a member of upper socio-economic class in the exercise of their profession. Blue Collar – those committed by the ordinary professional criminals to maintain their livelihood.

153. G. Imitation- Passion Crimes of Imitation – those committed, the pattern of which is merely a duplication of what was done by others. Crimes by Passion – those committed because of the fit of passion, anger, jealousy, hatred H. Standard of Living Criminals Crimes of the upper world – ex. Falsification Crimes of the underworld – ex. Snatching

154. Major Types or Categories of Crimes Street Crimes – crime commonly committed against persons or properties are generally called “street crime”. This does not mean that they are always committed in some steer. Many occur in commercial or private buildings. The term simply refers to the fact that these crimes are routine, everyday occurrences and often. Although not always, involving unsophisticated offenders from the street rather than from the corporate boardrooms and crime syndicate.

155. 2. Victimless Crime – transaction between the two or more parties concerning the scale or purchase of desired but illegally obtained goods or services are referred to as victimless crimes or consensual crimes

156. 3. Organized Crime – consist of illegal acts, executed by five or more persons with varying degrees of participation to directly acquire a system of recurring financial rewards through the provision of goods and services for consumer groups differing in size and knowledge of environment.

157. 4. Occupational and Career Oriented Crime – refers to the illegal acts committed in the course of one’s legitimate occupation or sustained involvement in specialized form of conventional crimes. 5. Political Crime – one of the most difficult concepts of Criminology. Basically, all crimes are political in nature. However, when the criminal’s attack (be in the form of murder, hijacking, terrorism) is directed towards the society’s values system or basic institution .( E.g. capitalism, then it may term absolute political crime.)  

158. Who is a Criminal? A person who committed a wrongful act punishable by law of the land and has been finally convicted of the case charged against him in the competent court of justice.

159. Criminological Classifications of Criminals Based on Etiology 1.Acute Criminals- a person who violates a law because of the impulse of the moment fit of passion or anger or spell of extreme jealousy

160. 2. Chronic Criminals – person who acted in consonance with deliberated thinking such as: Neurotic Criminal – person whose actions arise from intra-psychic conflict between the social and anti-social components of his personality. Normal Criminal – person whose psychic organization resembles that of normal individuals except that he identified himself with criminal photo type. Criminaloids – caused by an organic pathological process

161. B. Based on Behavior System Ordinary Criminals - the lowest form of criminal career. They engaged only on conventional crimes that require limited skill. They lack organization to avoid arrest and conviction.

162. 2. Organized Criminals – these criminals has a high degree of organization to enable them to commit crimes without being detected and committed to specialized activities , which can be operated in large scale business. Force, violence, intimidation and bribery are muse to gain and maintain control over economic activities. Organized crime of these special types includes various forms of racketeering, control of gambling, prostitution and distribution of prohibited drugs.

163. 3. Professional Criminals – they are highly skilled and able to obtain considerable amount of money without being detected because of organization and contract with other criminals. These offenders are always able to escape conviction. They specialize in crime, which require skill games, pick pocketing, shoplifting, sneak thievery, counterfeiting and others.

164. C. Based on Activities Professional Criminals – those who earn their living trough criminal activities. Accidental Criminals – those who commit criminal acts as a result of unanticipated circumstances. Habitual Criminals- those who continue to commit criminal acts for such diverse reason due to deficiency of intelligence and lack of self-control. Situational Criminals – those who are not actually criminals but constantly in trouble with legal authorities

165. D. Based on Mental Attitude 1. Active Aggressive Criminals – those who commit crime in an impulsive manner usually due to the aggressive behavior of the offender, such attitude is clearly shown in crime of passion, revenge or resentment.

166. Passive-inadequate Criminals – those who commit crimes because they are push to it by inducement, reward or promise without considering its consequence Socialized delinquents – those who are normal in their behavior but merely defective in their socialization processes. To this group belong the educated respectable members of society who may turn criminal on account of situation they are involved.

167. Legal Classifications of Criminals Habitual Delinquents – a person within a period of ten years from the date of his release or last conviction of the crime of serious, less serious, physical injuries, robbery, estafa or falsification, is found guilty of any of the said crimes a third time or oftener. Recidivist – is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC

168. NATURE OF CRIME AND CRIMINAL LIABILITY The statement that “ We would have no crime if we had no criminal laws and we could eliminate all crimes merely by abolishing all criminal law ” is called LOGOMACY, however even it was decriminalized it would still be offensive and public would react to it with disgrace. The name of the behavior would be changed but the societal reaction to the behavior would remain essentially unchanged.

169. Underlying the legal principle that a person who is criminally liable is also civilly liable is the view that from the standpoint of its effects, a crime has dual character : (1) as an offense against the state because of the disturbance of the social order and; (2) as an offense against the private person injured by the crime unless it involves a victimless crime or where there is no civil liability arises on the part of the offender either because there are no damages to be compensated or there is no private person injured by the criminal act. What give rise to the civil liability is really the obligation of the offender to make whole the damage caused to another by reason of his act or omission whether done intentionally or negligently.

170. As victim of a crime, man is entitled to the following civil damages (MANTLE): Moral Damages – the compensation awarded to a person’s physical suffering, mental anguish, fright, serious anxiety, besmirched refutation, wounded feelings, moral shock, social humiliation, and similar injury. Actual or Compensatory Damages – the compensation awarded to a person for such pecuniary loss suffered by him as he duly proved. Nominal Damages – the amount awarded to a person in order that his right, which had been violated or invaded, may be recognized or vindicated.

171. Temperate or Moderate Damages – the compensation awarded which is more than nominal but less than compensatory, awarded to a person when the court finds that he has suffered some peculiar loss, but its amount cannot, from the nature of the case, be proved with certainty. Liquidated Damages – the amount of damages agreed upon by the parties to a contract in case of breach thereof. Exemplary of Corrective Damages – the damages awarded to the victim and imposed upon the offender by the way of example or correction for the public good, in addition to other damages.

172. The civil damages enumerated above are separate and distinct from the criminal liability of the author of the crime which can be imposed by the court only after conviction in a criminal action or proceeding. The underlying basis for awarding the civil damages lies on the principle of justice and the provision of the Civil Code on human relation, and also under the provision of the Revised Penal Code.

173. Principle of Justice Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. (Civil Code Art.19) Art.20. Every person who, contrary to law, willfully or negligently causes damage to another shall indemnify the latter for the same. (Civil Code) Art.21. Any person who willfully causes loss or injury to another in a manner contrary to morals, good customs or public policy shall compensate the latter for damages. (Civil Code)

174. CIVIL LIABILITY Person Civilly Liable for Felonies Every person criminally liable for a felony is also civilly liable (Art.100 RPC)

175. What are the instances when a person who is exempt from criminal liability is still held civilly liable? An imbecile or an insane person under paragraph 1, Art.12; A person under nine years of age under paragraph 2, Art.12; A person over nine years of age and under fifteen under paragraph 3, Art.12; Any person who acts under the compulsion of an irresistible force under paragraph 5, Art.12; Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury; and Any person who, in order to avoid an evil or injury, does an act which causes damage to another under paragraph 4, Art.11 of the RPC

176. What Civil Liability Includes: Restitution Reparation of the Damage Caused Indemnification for consequential damages (Art.104, RPC)

177. VICTIMOLOGY DEFINED:  Scientific study of the extent, nature and cause of criminal victimization, its consequences for the persons involved and the reactions thereto by society, in particular the police and the criminal justice system as well as voluntary workers and professional helpers (World Society of Victimology )

178.  Independent study of the relationships and interactions between offender and victim before, during and after the crime (S. Schafer – “The Victim and his Criminal: A Study into Functional Responsibility”.1968)

179.  The scientific 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, business, and social movements (Andrew Karmen – “Crime Victims: An Introduction to Victimology”.1990)

180.  Study of the part/role of the victim in the commission of crime NOTE : Hans Von Hentig and Benjamin Mendelsohn – “Fathers of Victimology ”

181. VICTIM DEFINED:  Persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws, including those proscribing abuse of power ( United Nation Declaration )

182. American Heritage Dictionary someone who is put to death or subjected to torture or suffering by another; a living creature slain and offered as a sacrifice to a deity or as a part of a religious sacrifice anyone who is harmed by or made to suffer from an act, circumstance, or circumstance agency or condition: victims of war a person who suffers injury, loss, or death as a result of a voluntary undertaking: a victim of his own scheming a person who is tricked, swindled, or taken advantage of a dupe

183. Legal Definition – a person who has suffered direct, or threatened, physical, emotional or pecuniary harm as a result of the commission of a crime NOTE: Victim refers to whom the crime was committed. He is also referred to as the complainant or the offended party. The victim is the most neglected person in the Criminal Justice System.  

184. -END-