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INTRODUCTION TO CRIMINOLOGY

CRIMINAL SOCIOLOGY - INVESTIGATES THE SOCIAL CAUSES OF CRIMINAL BEHAVIOR TO ULTIMATELY END THEM. CRIMINAL SOCIOLOGIST
IDENTIFIES THE SOURCES OUTSIDE OF A PERSON IN SOCIETY THAT INFLUENCE AND EVEN AS SOME THEORISTS BELIEVE, COMPEL
CRIMINAL ACTION.

CRIMINOLOGY - THE ENTIRE BODY OF KNOWLEDGE REGARDING CRIMES, CRIMINALS, AND THE EFFORTS OF SOCIETY TO PREVENT AND
REPRESS THEM (SOCIAL PROBLEM). THE SCIENTIFIC STUDY OF THE CAUSES OF CRIME IN RELATION TO MAN AND SOCIETY WHO SET AND
DEFINES RULES AND REGULATIONS FOR HIMSELF AND OTHERS TO GOVERN.

NATURE OF CRIMINOLOGY (SAND)

• APPLIED SCIENCE - BY THE USE OF CRIMINALISTICS OR FORENSIC SCIENCE. (INSTRUMENTATION)
• SOCIAL SCIENCE - A CRIME IS A SOCIAL CREATION, AND IT EXISTS IN A SOCIETY BEING A SOCIAL PHENOMENON.
• DYNAMIC - THE NATURE OF CRIMINOLOGY CHANGES AS A SOCIAL CONDITION CHANGE. IT IS CONCOMITANT WITH THE
ADVANCEMENT OF OTHER SCIENCES THAT HAVE BEEN APPLIED TO IT. THAT CRIME IS NORMAL IN THE SOCIETY.
• NATIONALISTIC - THE STUDY OF CRIMES MUST BE IN RELATION WITH THE EXISTING CRIMINAL LAW WITHIN A TERRITORY OR
COUNTRY. THE QUESTION AS TO WHETHER AN ACT IS A CRIME IS DEPENDENT ON THE CRIMINAL LAW OF A STATE.

SCOPE OF THE STUDY OF CRIMINOLOGY

• STUDY OF THE ORIGIN AND DEVELOPMENT OF CRIMINAL LAW
• STUDY OF THE CAUSES OF CRIMES AND DEVELOPMENT OF CRIMINALS.
• STUDY OF THE DIFFERENT FACTORS THAT ENHANCES THE DEVELOPMENT OF CRIMINAL BEHAVIOR, SUCH AS:
o CRIMINAL DEMOGRAPHY – THE STUDY OF THE RELATIONSHIP BETWEEN CRIMINALITY AND POPULATION
o CRIMINAL ECOLOGY – THE STUDY OF CRIMINALITY IN RELATION TO THE SPATIAL DISTRIBUTION IN A COMMUNITY
o CRIMINAL PHYSICAL ANTHROPOLOGY – THE STUDY OF CRIMINALITY IN RELATION TO PHYSICAL CONSTITUTION OF
MEN
o CRIMINAL PSYCHOLOGY – THE STUDY OF HUMAN BEHAVIOR IN RELATION TO CRIMINALITY
o CRIMINAL PSYCHIATRY – THE STUDY OF HUMAN MIND IN RELATION TO CRIMINALITY
o VICTIMOLOGY – THE STUDY OF THE ROLE OF THE VICTIM IN THE COMMISSION OF A CRIME
CRIME - AN ACT OR OMISSION IN VIOLATION OF A PUBLIC LAW FORBIDDING OR COMMANDING IT.

SUB-CLASSIFICATION OF CRIMES
• FELONY - AN ACT OR OMISSION PUNISHABLE BY LAW WHICH IS COMMITTED BY MEANS OF 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 IN VIOLATION OF A CITY OR MUNICIPAL ORDINANCE

TRIANGLE OF CRIME/ELEMENTS OF CRIME

• DESIRE
• CAPABILITY/ABILITY
• OPPORTUNITY

CRIME OF COMMISSION - AN ACT THAT IS IN VIOLATION OF A LAW FORBIDDING IT. PERFORMING AN ACT THAT IS PROHIBITED BY LAW.

CRIME OF OMISSION - AN ACT THAT IS IN VIOLATION OF A LAW COMMANDING IT. FAILURE TO PERFORM AN ACT THAT IS COMMANDED BY
LAW.

ACT
• ANY ACTION WITH OUTWARD MANIFESTATION
• OVERT AND PHYSICAL ACTION DONE IN PURSUANCE AND MANIFESTATION OF A CRIMINAL DESIGN OR INTENT.

ELEMENTS OF A FELONY

INTENTIONAL FELONIES:
• FELONIES COMMITTED BY MEANS OF DOLO (DECEIT)
• THE ACT OR OMISSION IS PERFORMED WITH DELIBERATE INTENT OR MALICE.

FREEDOM OR FREEWILL - WHEN THE PERSON ACTED ON HIS OWN ACCORD, WITHOUT IRRESISTIBLE FORCE AND/OR UNCONTROLLABLE
FEAR.

INTELLIGENCE - WHEN THE PERSON WHO COMMITTED THE CRIME CAN DETERMINE WHAT IS RIGHT FROM WHAT IS WRONG AND TO
REALIZE THE CONSEQUENCES OF ONE’S ACT.

INTENT - WHEN THE PERSON KNOWINGLY AND PURPOSELY COMMITTED THE CRIME TO AFFECT THE DESIRED RESULT.
CULPABLE FELONIES:
• FELONIES COMMITTED BY MEANS OF CULPA (FAULT)
• THE ACT OR OMISSION OF THE OFFENDER IS NOT MALICIOUS, AND THE INJURY CAUSED BY THE OFFENDER IS UNINTENTIONAL,
IT BEING SIMPLY THE INCIDENT OF ANOTHER ACT PERFORMED WITHOUT MALICE.

IMPRUDENCE - DEFICIENCY IN ACTION; FAILURE TO TAKE THE NECESSARY PRECAUTION TO PREVENT THE DANGER DUE TO
CARELESSNESS.

NEGLIGENCE - DEFICIENCY IN PERCEPTION; FAILURE TO FORESEE THE DANGER.

LACK OF FORESIGHT - WHEN THE CRIME RESULTED DUE TO THE PERSON’S INABILITY TO PREDICT THE OBVIOUS POSSIBLE OUTCOME OF
HIS ACTIONS.

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical
such as but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the
authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with
law.
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CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION
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LACK OF SKILL - WHEN THE CRIME RESULTED BECAUSE THE PERSON DOES NOT HAVE THE NECESSARY SKILL TO PERFORM THE ACTION
SAFELY.

LEGAL CLASSIFICATION OF CRIMES

AS TO THE MANNER CRIMES ARE COMMITTED:

• BY MEANS OF DOLO OR DECEIT
• BY MEANS OF CULPA OR FAULT

AS TO THE STAGES IN THE COMMISSION OF CRIMES:

• CONSUMMATED CRIME – WHEN ALL THE ELEMENTS NECESSARY FOR ITS EXECUTION AND ACCOMPLISHMENT ARE PRESENT.
• FRUSTRATED CRIME – WHEN THE OFFENDER HAS PERFORMED ALL THE ACTS OF EXECUTION WHICH WILL PRODUCE THE FELONY
THEREFORE, BUT WHICH NEVERTHELESS DO NOT PRODUCE IT, BY REASON OF CAUSES INDEPENDENT OF THE WILL OF THE
PERPETRATOR.
• ATTEMPTED CRIME - WHEN THE OFFENDER COMMENCES THE COMMISSION OF A CRIME DIRECTLY BY OVERT ACTS AND DOES
NOT PERFORM ALL THE ACTS OF EXECUTION WHICH SHOULD PRODUCE THE FELONY BY REASON OF SOME CAUSE OR ACCIDENT
OTHER THAN HIS OWN SPONTANEOUS DESISTANCE.

ACCORDING TO PLURALITY:
• SIMPLE CRIME – SINGLE ACT CONSTITUTING ONLY ONE OFFENSE.
• COMPLEX CRIME – SINGLE ACT CONSTITUTING TWO OR MORE GRAVE FELONIES OR AND IS A NECESSARY MEANS FOR
COMMITTING THE OTHER.

ACCORDING TO GRAVITY:
• GRAVE FELONIES
• LESS GRAVE FELONIES
• LIGHT FELONIES

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

ACCORDING TO THE RESULT OF THE CRIME:

• ACQUISITIVE CRIME – THE OFFENDER ACQUIRES SOMETHING EX. ESTAFA, THEFT
• EXTINCTIVE CRIME – THE CONSEQUENCE OF THE ACT IS DESTRUCTIVE EX. ARSON, MALICIOUS MISCHIEF.

ACCORDING TO THE TIME OR PERIOD OF THE COMMISSION OF THE CRIME:

• SEASONAL CRIME – COMMITTED ONLY DURING A CERTAIN PERIOD OF THE YEAR.
• SITUATIONAL CRIME – COMMITTED ONLY WHEN THE SITUATION IS CONDUCIVE TO ITS COMMISSION.

ACCORDING TO THE LENGTH OF TIME OF THE COMMISSION OF THE CRIME:

• INSTANT CRIME – COMMITTED IN THE SHORTEST POSSIBLE TIME.
• EPISODIAL CRIME – COMMITTED BY A SERIES OF ACTS IN A LENGTHY SPACE OF TIME.

ACCORDING TO THE PLACE OR LOCATION:

• STATIC CRIME – COMMITTED IN ONLY ONE PLACE.
• CONTINUING CRIME – COMMITTED IN SEVERAL PLACES

ACCORDING TO THE USE OF MENTAL FACULTIES:

• RATIONAL CRIME – COMMITTED WITH INTENT AND THE OFFENDER IS IN FULL POSSESSION OF HIS SANITY (NORMAL)
• IRRATIONAL CRIME – COMMITTED BY AN OFFENDER WHO DOES NOT KNOW THE NATURE AND QUALITY OF HIS ACT ON ACCOUNT
OF THE DISEASE OF THE MIND (ABNORMAL)

ACCORDING TO THE TYPE OF OFFENDER:

• WHITE-COLLAR CRIME – COMMITTED BY A PERSON BELONGING TO THE UPPER SOCIO-ECONOMIC CLASS DURING HIS
OCCUPATIONAL ACTIVITIES.
• BLUE-COLLAR CRIME – COMMITTED BY ORDINARY PROFESSIONAL CRIMINAL TO MAINTAIN HIS LIVELIHOOD.

THE EVOLUTION OF CRIMINOLOGY

THE TERM CRIMINOLOGY WAS DERIVED FROM THE ITALIAN TERM “CRIMINOLOGIA” COINED BY RAFAELLE GAROFALO, AN ITALIAN LAW
PROFESSOR, IN 1885.

IN 1887, PAUL TOPINARD, A FRENCH ANTHROPOLOGIST, USED THE TERM “CRIMINOLOGIE”.

AN AMERICAN CRIMINOLOGIST IN THE PERSON OF EDWIN SUTHERLAND INTRODUCED HIS OWN DEFINITION OF THE TERM “CRIMINOLOGY”.
ACCORDING TO HIM, CRIMINOLOGY IS THE ENTIRE BODY OF KNOWLEDGE REGARDING CRIME AS A SOCIAL PHENOMENON. IT INCLUDES
WITHIN ITS SCOPE THE PROCESS OF MAKING LAWS, OF BREAKING LAWS AND OF REACTING TOWARDS THE BREAKING OF THE LAWS.
• DEAN OF MODERN CRIMINOLOGY
• COINED THE WORD WHITE COLLAR CRIMES
• SUICIDOLOGY
• DIFFERENTIAL ASSOCIATION THEORY (DAT)
• STATED THAT “IN THE NEAR FUTURE THE CRIMINOLOGY WILL BECOME SCIENCE” BUT REPUDIATED BY GEORGE WILKERS THAT
CRIMINOLOGY WILL NEVER BE SCIENCE.

CRIMINAL
• LEGAL SENSE, A CRIMINAL IS ANY PERSON WHO HAS BEEN FOUND TO HAVE COMMITTED A WRONGFUL ACT DURING THE
STANDARD JUDICIAL PROCESS; THERE MUST BE A FINAL VERDICT OF HIS GUILT.

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical
such as but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the
authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with
law.
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CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION
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• CRIMINOLOGICAL SENSE, A PERSON IS ALREADY CONSIDERED A CRIMINAL THE MOMENT HE COMMITTED A CRIME.

GENERAL CLASSIFICATION OF CRIMINALS

ON THE BASIS OF ETIOLOGY: (PINAGMULAN)
• ACUTE CRIMINALS – PERSONS WHO VIOLATE CRIMINAL LAW BECAUSE OF THE IMPULSE OF THE MOMENT, FIT OF PASSION OR
ANGER.
• CHRONIC CRIMINALS – PERSONS WHO ACTED IN CONSONANCE WITH DELIBERATED THINKING, SUCH AS:
• NEUROTIC CRIMINALS – PERSONS WHOSE ACTIONS ARISE FROM THE INTRA-PSYCHIC CONFLICT BETWEEN THE SOCIAL AND ANTI-
SOCIAL COMPONENTS OF HIS PERSONALITY.
• NORMAL CRIMINALS – PERSONS WHOSE PSYCHIC ORGANIZATION RESEMBLES THAT OF A NORMAL INDIVIDUAL EXCEPT THAT HE
IDENTIFIES HIMSELF WITH CRIMINAL PROTOTYPE.

ON THE BASIS OF BEHAVIORAL SYSTEM:

• ORDINARY CRIMINALS – THE LOWEST FORM OF CRIMINAL CAREER; THEY ENGAGE ONLY IN CONVENTIONAL CRIMES WHICH
REQUIRE LIMITED SKILL.
• ORGANIZED CRIMINALS – THESE CRIMINALS HAVE A HIGH DEGREE OF ORGANIZATION THAT ENABLES THEM TO COMMIT CRIMES
WITHOUT BEING DETECTED AND COMMITTED TO SPECIALIZED ACTIVITIES WHICH CAN BE OPERATED IN LARGE SCALE
BUSINESSES.
• PROFESSIONAL CRIMINALS – THESE ARE HIGHLY SKILLED AND ABLE TO OBTAIN CONSIDERABLE AMOUNT OF MONEY WITHOUT
BEING DETECTED BECAUSE OF ORGANIZATION AND CONTACT WITH OTHER PROFESSIONAL CRIMINALS.

ON THE BASIS OF ACTIVITIES:

• PROFESSIONAL CRIMINALS – THOSE WHO EARN THEIR LIVING THROUGH CRIMINAL ACTIVITIES.
• ACCIDENTAL CRIMINALS – THOSE WHO COMMIT CRIMINAL ACTS BECAUSE OF UNANTICIPATED CIRCUMSTANCES.
• HABITUAL CRIMINALS – THOSE WHO CONTINUE TO COMMIT CRIMINAL ACTS FOR SUCH DIVERSE REASONS DUE TO DEFICIENCY
OF INTELLIGENCE AND LACK OF CONTROL.
• SITUATIONAL CRIMINALS – THOSE WHO ARE NOT CRIMINALS BUT GET IN TROUBLE WITH LEGAL AUTHORITIES BECAUSE THEY
COMMIT CRIMES INTERMIXED WITH LEGITIMATE ECONOMIC ACTIVITIES.

INTRODUCTION TO THE STUDY OF CRIMINAL LAW

CRIMINAL LAW (PENAL LAW) - THAT BRANCH OF PUBLIC LAW WHICH DEFINES CRIMES, TREATS OF THEIR NATURE, AND PROVIDES FOR
THEIR PUNISHMENT.

REVISED PENAL CODE (ACT. NO. 3815)

• THE BOOK THAT CONTAINS THE PHILIPPINE CRIMINAL LAW
• EFFECTIVITY (TOOK EFFECT) OF THE RPC IS 1 JANUARY 1932
• APPROVED DECEMBER 08, 1930

CHARACTERISTICS OF CRIMINAL LAW

IT IS GENERAL IN APPLICATION/ GENERALITY:

• THE PROVISIONS OF THE CRIMINAL OR PENAL LAW MUST BE APPLIED EQUALLY TO ALL PERSONS WITHIN THE TERRITORY
REGARDLESS OF SEX, RACE, NATIONALITY, AND OTHER PERSONAL CIRCUMSTANCES, WITH THE FOLLOWING EXCEPTIONS:
• HEADS OF STATE OR COUNTRY
• FOREIGN DIPLOMATS AND AMBASSADORS

IT IS TERRITORIAL IN CHARACTER/ TERRITORIALITY: AS PART OF THE RIGHT OF A STATE TO SELF-PRESERVATION, EACH INDEPENDENT
COUNTRY HAS THE RIGHT TO PROMULGATE LAWS ENFORCEABLE WITHIN ITS TERRITORIAL JURISDICTION, SUBJECT ONLY TO THE
LIMITATIONS IMPOSED BY TREATIES OF PREFERENTIAL APPLICATIONS AND BY THE OPERATION OF INTERNATIONAL LAW OF NATIONS. THE
REVISED PENAL CODE AND THE OTHER SPECIAL LAWS ARE APPLICABLE ONLY TO THE AREAS WITHIN THE PHILIPPINE TERRITORIAL
JURISDICTION, SUCH AS:

PHILIPPINE ARCHIPELAGO – ALL THE ISLANDS THAT COMPRISE THE PHILIPPINES.

ATMOSPHERE WATER – ALL BODIES OF WATER THAT CONNECT ALL THE ISLANDS SUCH AS BAYS, RIVERS, AND STREAMS.

MARITIME ZONE – THE 12 NAUTICAL MILE LIMIT BEYOND OUR SHORE MEASURED AT LOW TIDE.

IT IS PROSPECTIVE OR IRRETROSPECTIVE/PROSPECTIVITY: NO PERSON MAY BE PUNISHED FOR HIS ACT WHEN AT THE TIME HE
COMMITTED THE ACT, IT IS STILL NOT YET PUNISHABLE BY LAW. HOWEVER, PENAL LAWS MAY BE GIVEN RETROACTIVE EFFECT WHEN IT
IS FAVORABLE TO THE ACCUSED.

IT IS SPECIFIC AND DEFINITE. CRIMINAL LAW MUST GIVE A STRICT DEFINITION OF A SPECIFIC ACT WHICH CONSTITUTES AN OFFENSE.
WHERE THERE IS DOUBT AS TO WHETHER A DEFINITION EMBODIED IN THE REVISED PENAL CODE APPLIES TO THE ACCUSED OR NOT,
THE JUDGE IS OBLIGATED TO DECIDE THE CASE IN FAVOR OF THE ACCUSED. CRIMINAL LAW MUST BE CONSTRUED LIBERALLY IN FAVOR
OF THE ACCUSED AND STRICTLY AGAINST THE STATE.

IT IS UNIFORM IN APPLICATION. AN ACT DESCRIBED AS A CRIME IS A CRIME NO MATTER WHO COMMITTED IT, WHEREVER COMMITTED
IN THE PHILIPPINES AND WHENEVER COMMITTED. NO EXCEPTIONS MUST BE MADE AS TO THE CRIMINAL LIABILITY. THE DEFINITION OF
CRIMES TOGETHER WITH THE CORRESPONDING PUNISHMENT MUST BE UNIFORMLY CONSTRUED, ALTHOUGH THERE MAY BE A
DIFFERENCE IN THE ENFORCEMENT OF A GIVEN SPECIFIC PROVISION OF THE PENAL LAW.

THERE MUST BE A PENAL SANCTION OR PUNISHMENT. PENAL SANCTION IS THE MOST ESSENTIAL PART OF THE DEFINITION OF THE
CRIME. IF THERE IS NO PENALTY TO A PROHIBITED ACT, ITS ENFORCEMENT WILL ALMOST BE IMPOSSIBLE. THE PENALTY IS ACTING AS
DETERRENCE AND AS A MEASURE OF SELF-DEFENSE OF THE STATE TO PROTECT SOCIETY FROM THE THREAT AND WRONG INFLICTED BY
THE CRIMINAL.
SCHOOLS OF THOUGHT IN CRIMINOLOGY

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical
such as but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the
authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with
law.
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CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION
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THEORIES
• A SYSTEMATICALLY ORGANIZED BODY OF KNOWLEDGE APPLICABLE IN A RELATIVELY WIDE VARIETY OF CIRCUMSTANCES,
ESPECIALLY A SYSTEM OF ASSUMPTIONS, ACCEPTED PRINCIPLES AND RULES OF PROCEDURE DEVISED TO ANALYZE, PREDICT,
OR OTHERWISE EXPLAIN THE NATURE OR BEHAVIOR OF A SPECIFIED SET OF PHENOMENA.
• A SET OF STATEMENTS DEVISED TO EXPLAIN BEHAVIOR, EVENTS, OR PHENOMENA, ESPECIALLY ONE THAT HAS BEEN
REPEATEDLY TESTED AND WIDELY ACCEPTED.
• A PROPOSED, WELL-SUBSTANTIATED EXPLANATION

CLASSICAL CRIMINOLOGY
• THE CLASSICAL SCHOOL OF CRIMINOLOGY GREW OUT OF A REACTION AGAINST THE BARBARIC SYSTEM OF LAW, PUNISHMENT
AND JUSTICE THAT EXISTED. THERE WAS NO REAL SYSTEM OF CRIMINAL JUSTICE IN EUROPE AT THAT TIME. SOME CRIMES
WERE SPECIFIED, SOME WERE NOT. JUDGES HAD DISCRETIONARY POWER TO CONVICT A PERSON FOR AN ACT NOT EVEN
LEGALLY DEFINED AS CRIMINAL.
• THIS SCHOOL OF THOUGHT ASSUMES THAT INDIVIDUALS CHOOSE TO COMMIT CRIMES AFTER WEIGHING THE CONSEQUENCES
OF THEIR ACTIONS. ACCORDING TO CLASSICAL CRIMINOLOGISTS, INDIVIDUALS HAVE FREE WILL. THEY CAN CHOOSE LEGAL OR
ILLEGAL MEANS TO GET WHAT THEY WANT; FEAR OF PUNISHMENT CAN DETER THEM FROM COMMITTING CRIME AND SOCIETY
CAN CONTROL BEHAVIOR BY MAKING THE PAIN OF PUNISHMENT GREATER THAN THE PLEASURE OF THE CRIMINAL GAINS.
• THIS THEORY, HOWEVER, DOES NOT GIVE ANY DISTINCTION BETWEEN AN ADULT AND A MINOR OR A MENTALLY HANDICAPPED
IN AS FAR AS FREE WILL IS CONCERNED.

CLASSICAL CRIMINOLOGY

CESARE BONESANA MARCHESE DI BECCARIA (1738-1794)

• PUBLISHED A BOOK ENTITLED “ON CRIMES AND PUNISHMENT” IN 1764; THIS BOOK PRESENTED A COHERENT AND
COMPREHENSIVE DESIGN FOR AN ENLIGHTENED CRIMINAL JUSTICE SYSTEM THAT WAS TO SERVE THE PEOPLE.
• HIS BOOK CONTAINS ALMOST ALL MODERN PENAL REFORMS, BUT ITS GREATEST CONTRIBUTION WAS THE FOUNDATION IT LAID
FOR SUBSEQUENT CHANGES IN CRIMINAL LEGISLATION.
• HIS BOOK WAS INFLUENTIAL IN THE REFORMS OF PENAL CODE IN FRANCE, RUSSIA, PRUSSIA, AND IT INFLUENCED THE FIRST TEN
AMENDMENTS TO THE US CONSTITUTION

JEREMY BENTHAM
• FOUNDED THE CONCEPT OF UTILITARIANISM – ASSUMES THAT ALL OUR ACTIONS ARE CALCULATED IN ACCORDANCE WITH THEIR
LIKELIHOOD OF BRINGING PLEASURE AND PAIN.
• DEVISED THE PSEUDO-MATHEMATICAL FORMULA CALLED “FELICIFIC CALCULUS” WHICH STATES THAT INDIVIDUALS ARE HUMAN
CALCULATORS WHO PUT ALL THE FACTORS INTO AN EQUATION TO DECIDE WHETHER A PARTICULAR CRIME IS WORTH
COMMITTING OR NOT.
• HE REASONED THAT TO DETER INDIVIDUALS FROM COMMITTING CRIMES, THE PUNISHMENT, OR PAIN, MUST BE GREATER THAN
THE SATISFACTION, OR PLEASURE, HE WOULD GAIN FROM COMMITTING THE CRIME.

NEOCLASSICAL CRIMINOLOGY

THIS THEORY MODIFIED THE DOCTRINE OF FREE WILL BY STATING THAT FREE WILL OF MEN MAY BE AFFECTED BY OTHER FACTORS AND
CRIME IS COMMITTED DUE TO SOME COMPELLING REASONS THAT PREVAIL. THESE CAUSES ARE PATHOLOGY, INCOMPETENCE, INSANITY,
OR ANY CONDITION THAT WILL MAKE IT IMPOSSIBLE FOR THE INDIVIDUAL TO EXERCISE FREE WILL ENTIRELY. IN THE STUDY OF LEGAL
PROVISIONS, THIS IS TERMED AS EITHER MITIGATING OR EXEMPTING CIRCUMSTANCES.

POSITIVIST CRIMINOLOGY

ORIGIN OF THE CONCEPT OF POSITIVISM

• DURING THE NINETEENTH CENTURY, THE FIRST SOCIAL SCIENTISTS BEGAN TO APPLY THE SCIENTIFIC METHOD TO THE STUDY
OF SOCIETY. AUGUST COMTE DESCRIBED HOW AS SOCIETY PROGRESSED, PEOPLE EMBRACED A RATIONAL, SCIENTIFIC VIEW
OF THE WORLD. HE CALLED THIS FINAL STAGE THE POSITIVE STAGE OF HUMAN SOCIAL DEVELOPMENT, AND THOSE WHO
FOLLOWED HIS WRITINGS BECAME KNOWN AS POSITIVISTS. THOSE WHO EMBRACED POSITIVISM RELIED ON THE STRICT USE
OF EMPIRICAL METHODS – FACTUAL, FIRST-HAND OBSERVATIONS, AND MEASUREMENT OF CONDITIONS AND EVENTS – TO TEST
HYPOTHESES. O SIGNIFICANT ADVANCES IN KNOWLEDGE OF BOTH THE PHYSICAL AND SOCIAL WORLD INFLUENCED THINKING
ABOUT CRIME. FORCES OF POSITIVISM AND EVOLUTIONISM MOVED THE FIELD OF CRIMINOLOGY FROM PHILOSOPHICAL TO A
SCIENTIFIC PERSPECTIVE. FROM THERE, A MORE DILIGENT SEARCH OF CRIMINAL BEHAVIOR BEGAN.
• POSITIVE THEORISTS WERE THE FIRST TO CLAIM THE IMPORTANCE OF LOOKING AT INDIVIDUAL DIFFERENCE AMONG CRIMINALS.
THESE THEORISTS WHO CONCENTRATED ON THE INDIVIDUAL STRUCTURES OF A PERSON, STATED THAT PEOPLE ARE PASSIVE
AND CONTROLLED, WHOSE BEHAVIORS ARE IMPOSED UPON THEM BY BIOLOGICAL AND ENVIRONMENTAL FACTORS.

CESARE LOMBROSO, • ENRICO FERRI • RAFAELLE GAROFALO ((UN)HOLY THREE OF CRIMINOLOGY)

AUGUST COMPTE
• CONSIDERED THE FATHER OF POSITIVIST SCHOOL OF CRIMINOLOGY AND SOCIOLOGY
• APPLIED SCIENTIFIC METHODS IN THE STUDY OF SOCIETY FROM WHERE HE ADOPTED THE WORD “SOCIOLOGY.”
• HIS WORK PROMPTED SCIENTIFIC STUDIES OF HUMAN SOCIAL BEHAVIOR.

CESARE LOMBROSO
• CONSIDERED THE FATHER OF MODERN CRIMINOLOGY DUE TO HIS APPLICATION OF MODERN SCIENTIFIC METHODS TO TRACE
CRIMINAL BEHAVIOR, HOWEVER, MOST OF HIS IDEAS ARE NOW DISCREDITED.
• HE CLAIMED THAT CRIMINALS ARE DISTINGUISHABLE FROM NON-CRIMINALS DUE TO THE PRESENCE OF ATAVISTIC STIGMATA –
THE PHYSICAL FEATURES OF CREATURES AT AN EARLIER STAGE OF DEVELOPMENT.
• HE ASSERTED THAT CRIMES ARE COMMITTED BY THOSE WHO ARE BORN WITH CERTAIN RECOGNIZABLE HEREDITARY TRAITS.
• ACCORDING TO HIS THEORY, CRIMINALS ARE USUALLY IN POSSESSION OF HUGE JAWS AND STRONG CANINE TEETH, THE ARM
SPAN OF CRIMINALS IS OFTEN GREATER THAN THEIR HEIGHT, JUST LIKE THAT OF APES WHO USE THEIR FOREARMS TO PUSH
THEMSELVES ALONG THE GROUND.
• OTHER PHYSICAL STIGMATA INCLUDE DEVIATION IN HEAD SIZE AND SHAPE, ASYMMETRY OF THE FACE, EXCESSIVE DIMENSIONS
OF THE JAW AND CHEEKBONES, EYE DEFECTS AND PECULIARITIES, EARS OF UNUSUAL SIZE, NOSE TWISTED, UPTURNED, OR

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical
such as but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the
authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with
law.
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CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION
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FLATTENED IN THIEVES, OR AQUILINE OR BEAKLIKE IN MURDERERS, FLESHY LIPS, SWOLLEN AND PROTRUDING, AND POUCHES
IN THE CHEEK LIKE THOSE OF ANIMAL’S TOES.
• LOMBROSO’S WORK SUPPORTED THE IDEA THAT THE CRIMINAL WAS A BIOLOGICALLY AND PHYSICALLY INFERIOR PERSON.

ACCORDING TO HIM, THERE ARE THREE (3) CLASSES OF CRIMINALS:

• BORN CRIMINALS – INDIVIDUALS WITH AT LEAST FIVE (5) ATAVISTIC STIGMATA.
• INSANE CRIMINALS – THOSE WHO ARE NOT CRIMINALS BY BIRTH; THEY BECOME CRIMINALS BECAUSE OF SOME CHANGES IN
THEIR BRAINS WHICH INTERFERE WITH THEIR ABILITY TO DISTINGUISH BETWEEN RIGHT AND WRONG.
• CRIMINALOIDS - THOSE WITH MAKE-UP OF AN AMBIGUOUS GROUP THAT INCLUDES HABITUAL CRIMINALS, CRIMINALS BY PASSION
AND OTHER DIVERSE TYPES.

DIFFERENT APPROACHES UNDER THE POSITIVIST CRIMINOLOGY

BIOLOGICAL DETERMINISM - THIS EXPLANATION FOR THE EXISTENCE OF CRIMINAL TRAITS ASSOCIATES AN INDIVIDUAL’S EVIL
DISPOSITION TO PHYSICAL DISFIGUREMENT OR IMPAIRMENT.

GIAMBATTISTA DELA PORTA (1535-1615) - ITALIAN PHYSICIAN WHO FOUNDED THE SCHOOL OF HUMAN PHYSIOGNOMY, THE STUDY OF
FACIAL FEATURES AND THEIR RELATION TO HUMAN BEHAVIOR; THE STUDY OF JUDGING A PERSON’S CHARACTER FROM FACIAL FEATURES
TO DETERMINE WHETHER THE SHAPE OF THE EARS, NOSE AND EYES AND THE DISTANCES BETWEEN THEM WERE ASSOCIATED WITH
ANTI-SOCIAL BEHAVIOR.

JOHANN KASPAR LAVATER (1741-1801) - SWISS THEOLOGIAN WHO BELIEVED THAT PEOPLE’S TRUE CHARACTERS AND INCLINATIONS
COULD BE READ FROM THEIR FACIAL FEATURES.

FRANZ JOSEPH GALL (1758-1828)

• BORN IN GERMANY, A RENOWNED NEURO ANATOMIST AND PHYSIOLOGIST AND A PIONEER IN THE STUDY OF THE LOCALIZATION
OF MENTAL FUNCTIONS IN THE BRAIN.
• DEVELOPED CRANIOSCOPY, A METHOD TO STUDY THE PERSONALITY AND DEVELOPMENT OF MENTAL AND MORAL FACULTIES
BASED ON THE EXTERNAL SHAPE OF THE SKULL.
• CRANIOSCOPY WAS LATER RENAMED AS PHRENOLOGY, THE STUDY THAT DEALS WITH THE RELATIONSHIP BETWEEN THE SKULL
AND HUMAN BEHAVIOR.

CHARLES GORING
• ALSO STUDIED PHRENOLOGY OR CRANIOLOGY WHICH DEALS WITH THE STUDY OF THE EXTERNAL FORMATION OF THE SKULL
INDICATING THE CONFORMATION OF THE BRAIN AND THE DEVELOPMENT OF ITS VARIOUS PARTS WHICH IS DIRECTLY RELATED
TO THE BEHAVIOR OF THE CRIMINAL.
• HE BELIEVED THAT CRIMINAL CHARACTERISTICS WERE INHERITED AND RECOMMENDED THAT PEOPLE WITH SUCH
CHARACTERISTICS SHOULD NOT BE ALLOWED TO REPRODUCE.
• ACCORDING TO HIM, PEOPLE WITH EPILEPSY, INSANITY AND FEEBLEMINDEDNESS WERE AMONG THOSE WHO SHOULD NOT BE
ALLOWED TO HAVE CHILDREN.

JOHANN KASPAR SPURZHEIM (1776-1832)

• GERMAN PHRENOLOGIST WHO WAS THE ASSISTANT OF GALL
• HE WAS THE MAN MOST RESPONSIBLE FOR POPULARIZING AND SPREADING PHRENOLOGY TO A WIDE AUDIENCE.

PHYSIOLOGY OR SOMATOTYPE
• THIS REFERS TO THE STUDY OF THE BODY BUILD OF A PERSON IN RELATION TO HIS TEMPERAMENT AND PERSONALITY AND THE
TYPE OF OFFENSE HE IS MOST PRONE TO COMMIT.
• THIS STUDY WHICH SEARCHES THE RELATIONSHIP OF BODY BUILD TO BEHAVIOR BECAME POPULAR DURING THE FIRST HALF OF
THE TWENTIETH CENTURY.

THE FOLLOWING ARE THE PROPONENTS OF THE SOMATOTYPE SCHOOL OF CRIMINOLOGY:

ERNST KRETCHMER WILLIAM SHELDON

TYPE OF PHYSIQUE TEMPERAMENT

ASTHENIC – LEAN, SLIGHTLY BUILT, ENDOMORPHIC – RELATIVELY LARGE, VISCEROTONIC – GENERALLY RELAX AND
NARROW SHOULDERS; THEIR DIGESTIVE VISCERA, ROUND BODY, SHORT, COMFORTABLE, EXTROVERT PERSON, LOVES
CRIMES ARE PETTY TAPERING LIMBS, SMALL LUXURY AND BONES, SMOOTH, VELVETY SKIN
THIEVERY AND FRAUD

ATHLETIC – MEDIUM TO TALL, MESOMORPH – RELATIVE PREDOMINANCE OF ROMOTONIC – ACTIVE, DYNAMIC, WALKS,
STRONG, MUSCULAR, COARSE MUSCLE, BONES AND MOTOR ORGANS OF THE TALKS AND GESTURE ASSERTIVELY WITH
BONES; THEY ARE USUALLY BODY AND BEHAVES AGGRESSIVELY LARGE WRIST AND HANDS.
CONNECTED WITH CRIMES OF
VIOLENCE

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PYKNIC – MEDIUM HEIGHT, ECTOMORPHIC – RELATIVE PREDOMINANCE CEREBROTONIC – INTROVERT, PRONE TO
ROUNDED FIGURES, MASSIVE OF SKIN AND THE NERVOUS SYSTEM, IT HAS ALLERGIES, SKIN APPENDAGES WHICH
NECK, BROAD FACE; THEY TEND TO FRAGILE AND DELICATE BONES, WITH DROOPY INCLUDES TROUBLES, CHRONIC FATIGUE,
COMMIT DECEPTION, SHOULDERS, SMALL FACE AND SHARP NOSE, INSOMNIA, SENSITIVE SKIN AND SENSITIVE TO
FRAUD AND VIOLENCE FINE HAIR AND WITH RELATIVELY SMALL BODY NOISE.

HEREDITY AS A FACTOR IN CRIMINALITY

RICHARD DUGDALE
• HE STUDIED THE LIVES OF THE MEMBERS OF THE JUKES FAMILY AND REFERRED TO ADA JUKES AS THE MOTHER OF CRIMINALS
• HE DISCOVERED THAT FROM AMONG THE DESCENDANTS OF ADA JUKES, THERE WERE 280 PAUPERS, 60 THIEVES, 7 MURDERERS,
40 OTHER CRIMINALS, 40 PERSONS WITH VENEREAL DISEASES AND 50 PROSTITUTES.
• HE CLAIMED THAT SINCE FAMILIES PRODUCE GENERATIONS OF CRIMINALS, THEY MUST HAVE BEEN TRANSMITTING DEGENERATE
TRAITS DOWN THE LINE.

HENRY GODDARD
• HE STUDIED THE LIVES OF THE KALLIKAK FAMILY
• FOUND THAT AMONG THE DESCENDANTS FROM MARTIN KALLIKAK’S RELATIONSHIP WITH A FEEBLEMINDED LADY, THERE WERE
143 FEEBLE-MINDED AND ONLY 46 NORMAL, 36 WERE ILLEGITIMATE, 3 EPILEPTICS, 3 CRIMINALS, 8 KEPT BROTHELS AND 82 DIED
OF INFANCY; HIS MARRIAGE WITH A WOMAN FROM A GOOD FAMILY PRODUCED ALMOST ALL NORMAL DESCENDANTS, ONLY 2
WERE ALCOHOLICS, 1 WAS CONVICTED OF RELIGIOUS OFFENSE, 15 DIED AT INFANCY AND NO ONE BECAME CRIMINAL OR
EPILEPTIC.

INTELLIGENCE AS A FACTOR IN CRIMINALITY

THE CLASSIC STUDIES OF THE JUKE AND KALLIKAK FAMILIES WERE AMONG THE FIRST TO SHOW THAT FEEBLEMINDEDNESS OR LOW
INTELLIGENCE CAN BE INHERITED AND TRANSFERRED FROM ONE GENERATION TO THE NEXT. NUMEROUS TESTS WERE ALSO CONDUCTED
THAT LEAD TO THE DEVELOPMENT OF THE USE OF IQ TESTS AS A TESTING PROCEDURE FOR OFFENDERS. THE VERY FIRST RESULTS
SEEMED TO CONFIRM THAT OFFENDERS HAD LOW MENTAL ABILITIES AND THEY WERE FOUND TO BE MENTALLY IMPAIRED.

PSYCHOLOGICAL DETERMINISM
• THIS EXPLAINS THE PSYCHOLOGICAL DETERMINANTS WHICH DEFINE BEHAVIOR OF A PERSON. THIS IDEA HAS LONG BEEN
HATCHED BY THINKERS WHO WERE CONSUMED BY THE BELIEF THAT IT IS THE PSYCHOLOGICAL EQUIVALENTS THAT PROD THE
PERSON TO ACT THE WAY HE DOES.
• THERE ARE MANY WAYS TO CLASSIFY PSYCHOLOGICAL THEORIES OF CRIME CAUSATION. BUT THE COMMON ASSUMPTION OF
THESE THEORIES IS THAT THERE IS SOMETHING WRONG WITH THE MIND OF THE OFFENDER WHICH CAUSED HIM TO COMMIT
CRIMES.
• FROM AMONG THE MANY THEORIES REGARDING THE RELATIONSHIP OF PSYCHOLOGY AND CRIME, THE PSYCHOANALYTIC THEORY
BY SIGMUND FREUD IS THE MOST NOTABLE:

SIGMUND FREUD
• HE IS RECOGNIZED AS THE FATHER OF PSYCHOANALYSIS
• HE FOUNDED THE PSYCHOANALYTIC THEORY OF CRIMINALITY IN WHICH HE ATTRIBUTED DELINQUENT AND CRIMINAL BEHAVIOR
TO A CONSCIENCE THAT IS OVERBEARING WHICH AROUSES FEELINGS OF GUILT OR A CONSCIENCE THAT IS SO WEAK THAT IT
CANNOT CONTROL THE INDIVIDUAL’S IMPULSES AND THE NEED FOR IMMEDIATE GRATIFICATION IN HIS THEORY, PERSONALITY
IS COMPRISED OF THREE COMPONENTS:
o ID – THESE STANDS FOR INSTINCTUAL DRIVES; IT REPRESENTS OUR UNCONSCIOUS BIOLOGICAL NEEDS FOR FOOD,
WATER, SLEEP, SEX AND OTHER LIFE SUSTAINING NECESSITIES INCLUDING AGGRESSION AS WELL AS PRIMITIVE NEEDS
THAT ARE PRESENT AT BIRTH; THIS PLEASURE-SEEKING PART OF HUMAN PERSONALITY IS CONCERNED ABOUT
GRATIFICATION OF ONE’S WISHES; IT IS GOVERNED BY THE “PLEASURE PRINCIPLE”; THE ID IMPULSES ARE NOT SOCIAL
AND MUST BE REPRESSED OR ADAPTED SO THAT THEY MAY BECOME SOCIALLY ACCEPTABLE
o EGO – THIS IS THE SENSIBLE AND RESPONSIBLE PART OF AN INDIVIDUAL’S PERSONALITY AND IS GOVERNED BY THE
“REALITY PRINCIPLE”; IT IS DEVELOPED EARLY IN LIFE AND COMPENSATES FOR THE DEMANDS OF THE ID BY HELPING
THE INDIVIDUAL GUIDE HIS ACTIONS TO REMAIN WITHIN THE BOUNDARIES OF ACCEPTED SOCIAL BEHAVIOR; IT IS THE
OBJECTIVE, RATIONAL PART OF THE PERSONALITY.
o SUPEREGO – SERVES AS THE MORAL CONSCIENCE OF AN INDIVIDUAL; IT IS THAT PART OF AN INDIVIDUAL’S PERSONALITY
THAT ALLOWS THE PERSON TO FEEL PRIDE, SHAME, AND GUILT; IT IS STRUCTURED BY WHAT VALUES WERE TAUGHT
BY THE PARENTS, THE SCHOOL, AND THE COMMUNITY, AS WELL AS BELIEF IN GOD; IT IS LARGELY RESPONSIBLE FOR
MAKING A PERSON FOLLOW THE MORAL CODES OF SOCIETY.

RAFAELLE GAROFALO
• PROPOSED THAT PEOPLE COMMIT CRIME DUE TO SOME PSYCHIC OR MORAL ANOMALY, A DEFICIENCY IN MORAL SENSIBILITIES.
• HE BELIEVED THAT CERTAIN PEOPLE ARE MORALLY LESS DEVELOPED THAN OTHERS DUE TO ENVIRONMENTAL,
CIRCUMSTANTIAL, AND ORGANIC REASONS.

PSYCHOLOGICAL THEORIES OF CRIME CAUSATION

EMOTIONAL PROBLEMS THEORIES

• THE EMOTIONAL PROBLEM THEORIES LOOK AT THE OFFENDER AS HAVING THE SAME PSYCHOLOGICAL MAKEUP AS THAT OF A
NON-OFFENDER. THERE IS NO DISEASE OR PSYCHOLOGICAL DISORDER PRESENT IN THE OFFENDER. BUT THE OFFENDER DOES
NOT COPE WELL WITH HIS ENVIRONMENT, AND THIS CREATES FRUSTRATION THAT RESULTS IN CRIME.
• THE EMOTIONAL PROBLEM THEORIES ASSUME THAT THE LAWBREAKER DOES NOT HAVE A GREAT MENTAL SICKNESS THAT
CAUSES HIM TO COMMIT CRIMES BUT RATHER, HE COMMITS CRIME BECAUSE OF EVERYDAY EMOTIONAL PROBLEMS THAT MADE
HIM UNABLE TO COPE. AS A RESULT, THE OFFENDER ACTS OUT CRIMINALLY.

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MENTAL DISORDER THEORIES
• THERE ARE TWO GENERAL TYPES OF MENTAL DISORDERS.
o ORGANIC DISORDER - WHERE THE PHYSIOLOGICAL CAUSE CAN BE IDENTIFIED, SUCH AS HEAD INJURIES THAT LEFT
THE MIND BLANK, SENILITY, PARKINSON’S DISEASE, AND ALZHEIMER’S DISEASE. ORGANIC DISORDERS REFER TO THE
BRAIN’S DISORDER OR SICKNESS.
o FUNCTIONAL DISORDER - WHICH IS CHARACTERIZED BY STRANGE BEHAVIOR THAT CANNOT BE TRACED TO ANY KNOWN
ORGANIC DISEASE. EXAMPLES OF FUNCTIONAL DISORDERS ARE THOSE PEOPLE WITH NO APPARENT BRAIN SICKNESS
WHO HEAR VOICES THAT OTHER DO NOT HEAR, OR WHO SEE THINGS THAT OTHERS DO NOT SEE.

TYPE OF MENTAL DISORDERS

NEUROSIS (HYSTERIA OR NEURASTHENIA) - A COMMON TYPE OF MENTAL DISORDER USED TO EXPLAIN CRIMINAL BEHAVIOR SOME OF
THE MORE COMMON NEUROSES ARE:
• ANXIETY (ANXIETY STATE OR ANXIETY REACTION) - IT IS CHARACTERIZED BY THE PERSON FEELING ANXIOUS, FEARFUL
ANTICIPATION OR APPREHENSION; THE PERSON MAY BE IRRITABLE, HAVE POOR CONCENTRATION AND OVERREACTS TO THINGS
THAT ARE ANNOYING.
• OBSESSIVE-COMPULSIVE BEHAVIOR - PEOPLE WHO SUFFER FROM THIS HAVE UNWANTED, INTRUSIVE, AND REPETITIVE
THOUGHTS OR BEHAVIORS.
• OBSESSION – A REPETITIVE AND IRRESISTIBLE THOUGHTS OR URGE.
• COMPULSION – A REPETITIVE BEHAVIOR THAT IS THOUGHT TO PRODUCE OR PREVENT SOMETHING THAT IS THOUGHT TO BE
MAGICALLY CONNECTED TO THE BEHAVIOR.
• PHOBIA – EXCESSIVE AND UNEXPLAINABLE FEAR OF SOMETHING; GENERALLY EXAGGERATED FEAR OF THINGS THAT NORMAL
PEOPLE DO NOT FEAR WITH THE SAME DEGREE.
• DEPRESSION – EXTREME FEELING OF LOW MORALE, SADNESS, LONELINESS, SELF-PITY, DESPAIR, REJECTION, BOREDOM, AND
PESSIMISM; A PERSON IS SAID TO BE DEPRESSED IF THESE FEELINGS BECOME PERVASIVE AND CAN ALREADY AFFECT ALL
ASPECTS OF A PERSON’S LIFE.
• IMPULSE DISORDER – AN EXCESSIVE OR UNREASONABLE DESIRE TO DO OR HAVE SOMETHING; AN IRRATIONAL OR IRRESISTIBLE
MOTIVE; EXAMPLES OF THIS ARE KLEPTOMANIA, PYROMANIA, DIPSOMANIA, AND OTHERS.

PSYCHOSIS
• A MORE SERIOUS TYPE OF MENTAL DISORDER, WHICH CAN BE ORGANIC OR FUNCTIONAL.
• PSYCHOTIC PEOPLE LOSE CONTACT WITH REALITY AND HAVE DIFFICULTY DISTINGUISHING REALITY FROM FANTASY THE MOST
COMMON TYPE OF PSYCHOSIS IS THE FOLLOWING:
o SCHIZOPRENIA – ALSO CALLED DEMENTIA PRAECOX; CHARACTERIZED BY DISTORTIONS OR WITHDRAWAL FROM
REALITY, DISTURBANCES OF THOUGHTS AND LANGUAGE AND WITHDRAWAL FROM SOCIAL CONTACT; A CONDITION
MARKED BY INCOHERENT THOUGHT PROCESS AND LACK OF INSIGHT.
o PARANOIA - GRADUAL IMPAIRMENT OF THE INTELLECT, CHARACTERIZED BY DELUSIONS OR HALLUCINATION.
o DELUSION – FALSE BELIEF
o HALLUCINATION – FALSE PERCEPTION
o DELUSIONS OF GRANDEUR – A FALSE BELIEF THAT YOU ARE GREATER THAN EVERYBODY ELSE.
o DELUSIONS OF PERSECUTION – A FALSE BELIEF THAT OTHER PEOPLE ARE CONSPIRING TO KILL, HARM OR EMBARRASS
YOU.
o DELUSIONS OF REFERENCE – A FALSE BELIEF THAT EVERYBODY IS ALWAYS TALKING ABOUT YOU.
o BIPOLAR DISORDER – CHARACTERIZED BY EXTREME MOOD SWINGS; MOODS ALTERNATE BETWEEN PERIODS OF WILD
ELATION AND DEEP DEPRESSION.

CRIMINAL PERSONALITY - STUDIES SHOW THAT AGGRESSIVE YOUTH HAVE UNSTABLE PERSONALITY STRUCTURES OFTEN MARKED BY
HYPERACTIVITY, IMPULSIVENESS, AND INSTABILITY.

PSYCHOPATHICPERSONALITY OR ANTISOCIAL /SOCIOPATHIC PERSONALITY

• BELIEVED TO BE DANGEROUS, AGGRESSIVE, ANTISOCIAL INDIVIDUALS WHO ACT IN CALLOUS MANNER, WHO NEITHER LEARN
FROM THEIR MISTAKES NOR ARE DETERRED BY PUNISHMENT.
• THEY LACK EMOTIONAL DEPTH, ARE INCAPABLE OF CARING FOR OTHERS, AND MAINTAIN AN ABNORMALLY LOW LEVEL OF
ANXIETY.
• THEY LACK MORAL CONSCIENCE, AND THEREFORE THEY HAVE NO CONCEPT OF WHAT IS RIGHT AND WRONG AND LEGAL AND
ILLEGAL.

SOCIOLOGICAL DETERMINISM - SOCIOLOGICAL FACTORS REFER TO THINGS, PLACES, AND PEOPLE WITH WHOM WE COME IN CONTACT
WITH, AND WHICH PLAY A PART IN DETERMINING OUR ACTIONS AND CONDUCT. THESE CAUSES MAY BRING ABOUT THE DEVELOPMENT
OF CRIMINAL BEHAVIOR.

EMILE DURKHEIM
• ONE OF THE FOUNDING SCHOLARS OF SOCIOLOGY
• PUBLISHED A BOOK, “THE DIVISION OF LABOR IN SOCIETY”, WHICH BECAME A LANDMARK WORK ON THE ORGANIZATION OF
SOCIETIES ACCORDING TO HIM:
o CRIME IS AS NORMAL A PART OF SOCIETY AS BIRTH AND DEATH.
o CRIME IS PART OF HUMAN NATURE BECAUSE IT HAS EXISTED DURING PERIODS OF BOTH POVERTY AND PROSPERITY.
o IF HUMAN DIFFERENCES EXIST, WHICH IS ONE OF THE FUNDAMENTAL CONDITIONS OF SOCIETY, IT IS BUT NATURAL
AND EXPECTED THAT IT WILL RESULT TO CRIMINALITY.
▪ ONE OF HIS PROFOUND CONTRIBUTIONS TO CONTEMPORARY CRIMINOLOGY IS THE CONCEPT OF ANOMIE, THE
BREAKDOWN OF SOCIAL ORDER BECAUSE OF LOSS OF STANDARDS AND VALUES.
▪ ACCORDING TO HIM, THE EXPLANATION OF HUMAN CONDUCT AND HUMAN MISCONDUCT LIES NOT IN THE
INDIVIDUAL HIMSELF BUT IN THE GROUP AND SOCIAL ORGANIZATION ▪ HIS IDEAS HAD BECOME WHAT IS
KNOWN AS THE ANOMIE THEORY

GABRIEL TARDE
• INTRODUCED THE THEORY OF IMITATION, WHICH GOVERNS THE PROCESS BY WHICH PEOPLE BECOME CRIMINALS.

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• ACCORDING TO HIM, INDIVIDUALS EMULATE BEHAVIOR PATTERNS IN MUCH THE SAME WAY THAT THEY COPY STYLES OF DRESS.
• THE THEORY OF IMITATION IS EXPLAINED BY THE FOLLOWING PATTERNS:
▪ PATTERN 1: INDIVIDUALS IMITATE OTHERS IN PROPORTION TO THE INTENSITY AND FREQUENCY OF THEIR
CONTACT.
▪ PATTERN 2: INFERIORS IMITATE SUPERIORS.
▪ PATTERN 3: WHEN TWO BEHAVIOR PATTERNS CLASH, ONE MAY TAKE THE PLACE OF THE OTHER.

ADOLPHE QUETELET AND ANDRE MICHAEL GUERRY

• HE REPUDIATED THE FREE WILL DOCTRINE OF THE CLASSICISTS.
• HE FOUNDED WHAT IS KNOWN AS THE CARTHOGRAPHIC SCHOOL OF CRIMINOLOGY, TOGETHER WITH ANDRE MICHAEL GUERRY
• THIS STUDY USED SOCIAL STATISTICAL DATA AND PROVIDED IMPORTANT DEMOGRAPHIC INFORMATION ON THE POPULATION,
INCLUDING DENSITY, GENDER, RELIGIOUS AFFILIATIONS, AND SOCIAL ECONOMIC STATUS.
• HE GATHERED DATA TO INVESTIGATE THE INFLUENCE OF SOCIAL FACTORS ON THE COMMISSION OF CRIMES.
• HE FOUND A STRONG INFLUENCE OF AGE, SEX, CLIMATE CONDITION, POPULATION COMPOSITION AND ECONOMIC STATUS IN
CRIMINALITY.

ENRICO FERRI
• A MEMBER OF THE ITALIAN PARLIAMENT
• HE BELIEVED THAT CRIMINALS COULD NOT BE HELD MORALLY RESPONSIBLE BECAUSE THEY DID NOT CHOOSE TO COMMIT
CRIMES BUT WAS DRIVEN TO COMMIT THEM BY CONDITIONS OF THEIR LIVES.
• A FOLLOWER OF LOMBROSO, WHO WAS THE ONE WHO COINED THE TERM “BORN CRIMINAL” WHICH WAS EXTENSIVELY USED BY
LOMBROSO.
• HE PROPOSED THAT THE COMMISSION OF A CRIME WAS CAUSED BY A FEW FACTORS INCLUDING PHYSICAL (RACE, GEOGRAPHICS,
TEMPERATURE AND CLIMATE), ANTHROPOLOGICAL (AGE, SEX, ORGANIC AND PSYCHOLOGICAL) AND SOCIAL (CUSTOMS, RELIGION,
ECONOMICS, AND POPULATION DENSITY

SOCIOLOGICAL CONCEPTS AND CRIME CAUSATIONS - THE STUDY OF SOCIOLOGY PROVIDES MANY IDEAS AND OPINIONS THAT HELP IN
UNDERSTANDING WHY A PERSON BECOMES A CRIMINAL.

SOCIAL NORMS (RULES OF CONDUCT)

• SHARED STANDARD OF BEHAVIOR WHICH IN TURN REQUIRE CERTAIN EXPECTATIONS OF BEHAVIOR IN EACH SITUATION.
• SOCIALLY ACCEPTED AND EXPECTED BEHAVIOR OR CONDUCT IN SOCIETY.
• SET OF RULES THAT GOVERN AN INDIVIDUAL’S BEHAVIOR AND ACTIONS.

SOCIALIZATION - IT REFERS TO THE LEARNING PROCESS BY WHICH A PERSON LEARNS AND INTERNALIZES THE WAYS OF SOCIETY SO
THAT HE CAN FUNCTION AND BECOME AN ACTIVE PART OF SOCIETY.

CULTURE
• REFERS TO THE SYSTEM OF VALUES AND MEANINGS SHARED BY A GROUP OF INDIVIDUALS INCLUDING THE EMBODIMENT OF
THOSE VALUES AND MEANINGS IN A MATERIAL OBJECT.
• REFERS TO THE WAY OF LIFE, MODES OF THINKING, ACTING, AND FEELING.
• IT IS A DESIGN OF LIVING THAT IS TRANSMITTED FROM ONE GENERATION TO THE NEXT

SUBCULTURE - A SUBSTRATUM OF SOCIETY THAT MAINTAINS A UNIQUE SET OF VALUES AND BELIEFS THAT CONFLICT WITH
CONVENTIONAL SOCIAL NORMS.

CULTURAL TRANSMISSION
• THE PROCESS WHERE SUBCULTURAL VALUES ARE HANDED DOWN FROM ONE GENERATION TO THE NEXT
• CRIMINAL BEHAVIOR IS AN EXPRESSION OF CONFORMITY TO LOWER-CLASS SUBCULTURAL VALUES WHICH STRESS TOUGHNESS,
INDEPENDENCE, AND STANDING UP TO AUTHORITY.

MODERN EXPLANATIONS OF CRIMES AND CRIMINAL BEHAVIOR

SOCIAL STRUCTURE THEORIES
• THE VIEW THAT A PERSON’S POSITION IN THE SOCIAL STRUCTURE CONTROLS BEHAVIOR
• THOSE IN THE LOWEST SOCIOECONOMIC LEVEL ARE MORE LIKELY TO SUCCUMB TO CRIME-CAUSING ELEMENTS IN THEIR
ENVIRONMENT.
• WHEREAS THOSE IN THE HIGHEST LEVEL ENJOY SOCIAL AND ECONOMIC ADVANTAGES THAT PROTECTS THEM FROM CRIME-
PRODUCING FORCES

SOCIAL DISORGANIZATION THEORY (DIFFERENTIAL SOCIAL ORGANIZATION)

• FOCUSES ON THE CONDITIONS WITHIN THE URBAN ENVIRONMENT THAT AFFECT CRIME RATES.
• LINKS CRIME RATE TO NEIGHBORHOOD ECOLOGICAL CHARACTERISTICS
• VIEWS CRIME-RIDDEN NEIGHBORHOODS AS THOSE IN WHICH RESIDENTS ARE UNINTERESTED IN COMMUNITY MATTERS,
THEREFORE, THE COMMON SOURCES OF CONTROL – FAMILY, SCHOOL, CHURCH, BARANGAY AUTHORITIES – ARE WEAK AND
DISORGANIZED.

STRAIN THEORY
• HOLDS THAT CRIME IS A FUNCTION OF THE CONFLICT BETWEEN THE GOALS PEOPLE HAVE AND THE MEANS THEY CAN USE TO
LEGALLY OBTAIN THEM.
• ARGUES THAT THE ABILITY TO OBTAIN THESE GOALS IS CLASS DEPENDENT: MEMBERS OF THE LOWER CLASS ARE UNABLE TO
ACHIEVE THESE GOALS WHICH COME EASILY TO THOSE BELONGING TO THE UPPER CLASS.
• CONSEQUENTLY, THEY FEEL ANGER, FRUSTRATION, AND RESENTMENT, REFERRED TO AS STRAIN.
• THE COMMISSION OF CRIMES WITH THE AIM OF ACHIEVING THESE GOALS RESULT FROM THIS CONFLICT CULTURAL DEVIANCE
THEORY

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• COMBINES THE ELEMENTS OF BOTH STRAIN AND DISORGANIZATION THEORIES.
• THEORIZES THAT TO COPE WITH SOCIAL ISOLATION AND ECONOMIC DEPRIVATION, MEMBERS OF THE LOWER CLASS CREATE AN
INDEPENDENT SUBCULTURE WITH ITS OWN SET OF RULES AND VALUES.
• CRIMINAL BEHAVIOR IS AN EXPRESSION OF CONFORMITY TO LOWER-CLASS SUBCULTURAL VALUES.

SOCIAL PROCESS THEORIES

• MAINTAINS THAT PEOPLE COMMIT CRIMES BECAUSE OF THE EXPERIENCES THEY HAVE WHILE THEY ARE BEING SOCIALIZED BY
THE VARIOUS ORGANIZATIONS, INSTITUTIONS, AND PROCESSES OF SOCIETY.
• POINTS TO THE LINK BETWEEN CRIMINAL BEHAVIOR AND FAMILY PROBLEMS, SUCH AS INCONSISTENT DISCIPLINE, POOR
SUPERVISION, AND LACK OF WARM, LOVING, SUPPORTIVE PARENT-CHILD RELATIONSHIP, AS ONE ESSENTIAL FACTOR IN
CRIMINALITY.
• CITES THOSE EDUCATIONAL EXPERIENCES AND SOCIALIZATION HAVE SIGNIFICANT IMPACT ON CRIMINALITY.

SOCIAL LEARNING THEORY

• BELIEVES THAT CRIME IS A PRODUCT OF LEARNING THE NORMS, VALUES AND BEHAVIORS ASSOCIATED WITH CRIMINAL ACTIVITY.
• ASSUMES THAT PEOPLE ARE BORN “GOOD” BUT LEARN TO BE “BAD.”

DIFFERENTIAL ASSOCIATION THEORY

• FORMULATED BY EDWIN SUTHERLAND
• BELIEVES THAT CRIMINALITY IS A FUNCTION OF A LEARNING PROCESS THAT COULD AFFECT ANY INDIVIDUAL IN ANY CULTURE
HIS THEORY IS OUTLINED AS FOLLOWS: CRIMINAL BEHAVIOR IS LEARNED IN INTERACTION WITH OTHER PERSONS IN A PROCESS
OF COMMUNICATION.

DIFFERENTIAL REINFORCEMENT THEORY

• ACCORDING TO THIS THEORY, PEOPLE STRIKE A BALANCE BETWEEN BEING “ALL-DEVIANT” AND “ALL CONFORMING.”
• BEHAVIOR PERSISTS DEPENDING ON THE DEGREE TO WHICH IT WAS REWARDED OR PUNISHED.

SOCIAL CONTROL THEORY

• MAINTAINS THAT ALL PEOPLE HAVE THE POTENTIAL TO VIOLATE THE LAW AND THAT MODERN SOCIETY PRESENTS MANY
OPPORTUNITIES FOR ILLEGAL ACTIVITIES.
• ARGUES THAT PEOPLE OBEY THE LAW BECAUSE BEHAVIOR AND PASSIONS ARE BEING CONTROLLED BY INTERNAL AND EXTERNAL
FORCES.
• EVERYONE HAS THE POTENTIAL TO BECOME A CRIMINAL, BUT MOST PEOPLE ARE CONTROLLED BY THEIR BOND TO SOCIETY,
AND CRIME OCCURS WHEN THE FORCES THAT BIND PEOPLE TO SOCIETY ARE WEAKENED OR BROKEN.
• ASSUMES PEOPLE ARE BORN “BAD” AND MUST BE CONTROLLED TO BE “GOOD.”

SOCIAL REACTION THEORY (LABELING THEORY)

• HOLDS THAT PEOPLE ENTER LAW-VIOLATING CAREERS WHEN THEY ARE LABELED FOR THEIR ACTS AND ORGANIZE THEIR
PERSONALITIES AROUND THE LABELS.
• NEGATIVE LABELS HAVE DRAMATIC INFLUENCE ON THE SELF-IMAGE OF OFFENDERS.
• SAYS PEOPLE BECOME CRIMINALS WHEN SIGNIFICANT MEMBERS OF SOCIETY LABEL THEM AS SUCH, AND THEY ACCEPT THOSE
LABELS AS A PERSONAL IDENTITY.
• ASSUMES THAT WHETHER “GOOD” OR “BAD”, PEOPLE ARE CONTROLLED BY THE REACTIONS OF OTHERS.

RATIONAL CHOICE THEORY/CHOICE THEORY

• CONTEMPORARY FORM OF THE CLASSICAL THEORY OF CRIME AND UTILITARIANISM
• CRIME IS VIEWED AS A REASONED CHOICE:
• ALL PEOPLE OF THEIR OWN FREE WILL CAN CHOOSE BETWEEN CONVENTIONAL OR CRIMINAL BEHAVIORS.
• MOST PEOPLE HAVE THE POTENTIAL TO VIOLATE THE LAW BECAUSE CRIME PROMISES GREAT REWARDS AND REQUIRES LESS
EFFORT FOR GREATER GAIN.
• HOWEVER, PEOPLE WILL REFRAIN FROM ANTISOCIAL ACTS IF THEY BELIEVE:
• THAT THE SEVERITY OF THE PUNISHMENT THEY WILL RECEIVE FOR THEIR ACTIONS WILL OUTWEIGH ANY POTENTIAL GAIN.
• THAT THERE IS A SUBSTANTIAL LIKELIHOOD OR CERTAINTY THAT THEY WILL BE CAUGHT AND PUNISHED.
• THAT PUNISHMENT WILL BE SWIFT AND TIMELY.
• THE PUNISHMENTS THREATENED BY THE EXISTING CRIMINAL LAW ARE THE PRIMARY DETERRENT TO CRIME.

SOCIAL BONDS THEORY

• STATES THAT CRIME TAKES PLACE WHEN A PERSON’S BONDS TO SOCIETY ARE WEAKENED OR BROKEN, THUS, REDUCING
PERSONAL STAKES IN CONFORMITY.
• INDIVIDUALS DO NOT CONFORM TO THE RULES BECAUSE HE IS NOT AFRAID OF ITS EFFECTS ON HIS RELATIONSHIP WITH HIS
FAMILY, FRIENDS, NEIGHBORS, EMPLOYMENT, CHURCH, AND OTHERS.
• BONDS TO SOCIETY CONSIST OF FOUR (4) COMPONENTS:
o ATTACHMENT – TO PARENTS, TO SCHOOL, TO PEERS
o COMMITMENT – ASPIRATIONS TO SUCCEED IN SCHOOL AND CAREER.
o INVOLVEMENT - PARTICIPATION WITH SOCIAL AND CIVIC ACTIVITIES
o BELIEFS – AGREEMENT WITH THE SOCIETY’S VALUE SYSTEM AND RESPECT FOR ITS AUTHORITIES
AND LAW

CONFLICT THEORY
• HAS ONE FUNDAMENTAL ASSUMPTION: SOCIETY IS CHARACTERIZED BY CONFLICT RATHER THAN CONSENSUS.
• BELIEVES THAT CONFLICT IS NATURAL TO SOCIETY.
• LESS CONCERNED WITH INDIVIDUAL BEHAVIOR THAN WITH THE MAKING AND ENFORCEMENT OF THE LAW

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical
such as but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the
authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with
law.
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RADICAL THEORY/MARXIST THEORY
• ATTRIBUTES CRIMES TO CAPITALISM
• SINGLES OUT THE RELATIONSHIP BETWEEN THE OWNERS OF THE MEANS OF PRODUCTION OR THE CAPITALIST, AND THE
WORKERS UNDER CAPITALISM, AS THE ROOT CAUSE OF CRIME
• CRIME IS THE RESULT OF STRUGGLE BETWEEN ECONOMIC CLASSES.
• VIEWS THAT ONLY WHEN CAPITALISM IS ABOLISHED WILL CRIME DISAPPEAR.
• THE VIEW THAT HUMAN BEHAVIOR IS SHAPED BY INTERPERSONAL CONFLICT AND THAT THOSE WHO MAINTAIN SOCIAL POWER
WILL USE IT TO FURTHER THEIR OWN NEEDS.
• VIEWS THE ECONOMIC AND POLITICAL FORCES OPERATING IN SOCIETY AS THE FUNDAMENTAL CAUSES OF CRIMINALITY.

“SA CHAPS REVIEW CENTER IKAW ANG BIDA

AT SUSUNOD NA REGISTERED CRIMINOLOGIST!!!”

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical
such as but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the
authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with
law.