(CRIM. 1) Introduction TO Criminology AND Psychology OF Crimes PDF

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QUEST REVIEW CENTER 1550 Espana Blvd. Cor. Lacson Ave., Sampaloc, Manila SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS CRIM. 1: INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIMES CRIMINOLOGY according to Edwin H. Sutherland, is the entire body of knowledge regarding crime as a social phenomenon....

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QUEST REVIEW CENTER 1550 Espana Blvd. Cor. Lacson Ave., Sampaloc, Manila

SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS CRIM. 1: INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIMES CRIMINOLOGY - according to Edwin H. Sutherland, “criminology is the entire body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making of laws, of breaking of laws, and the society’s reaction towards the breaking of laws.” - Criminology is a body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them. - the scientific study of the causes of crime in relation to man and society who set and define rules and regulations for himself and others to govern Criminologist (R.A. 6506) - any person who is a graduate of the Degree of Criminology, who has passed the examination for criminologists and is registered as such by the Board of Examiners of the Professional Regulation Commission (PRC). Origin of the word “Criminology” Etymologically, the term criminology came from the Latin word “crimen” meaning crime and Greek word “Logos” which means “to study”. In 1885, Rafael Garofalo, an Italian Law Professor coined the term criminologia. In 1889, Paul Topinard, French Anthropologist, used the term criminology in French criminologie for the first time Principal Divisions of Criminology 1. Etiology of Crimes – the scientific analysis of the causes of crimes and the criminal behavior. 2. Sociology of Law – refers to the investigation of the nature of criminal law and its administration 3. Penology – the study of the control of crimes and the rehabilitation of offender Is criminology a science? According to George Wilker, criminology cannot become a science because it has not yet acquired universal validity. Edwin H. Sutherland, the Dean of Modern Criminology, 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. Nature of Criminology 1. It is applied science because criminology as a body of knowledge has already established universally accepted principles and concepts and these are used by other field of study. (INSTRUMENTATION) 2. It is a social science because it studies crime as a social phenomenon. Crime is a social problem which has a great impact to society. 3. It is dynamic because the concepts of criminology and their applications adapt to the changing time. 4. It is nationalistic because the study of criminology takes into consideration the history, the culture and the social norms and the laws of the country. Each country has its own set of laws and crimes are defined by the laws of the country. Scope in the Study of Criminology 1. Study of the origin and development of criminal law 2. Study of the causes of crimes and development of criminals 3. Study of the other sciences that examine criminal behavior using scientific methods such as: criminal demography – the study of the relationship between criminality and population criminal epidiomology – the study of the relationship between environment and criminality

criminal ecology – the study of criminality in relation to the spatial distribution in a community criminal physical anthropology – the study of criminality in relation to physical constitution of men criminal psychology – the study of human behavior in relation to criminality criminal psychiatry – the study of human mind in relation to criminality victimology – the study of the role of the victim in the commission of a crime CRIMES AND CRIMINALS CRIME – refers to an act committed or omitted in violation of public law (Phil. Law Dictionary). - It also refers to an act committed or omitted in violation of a public law forbidding or commanding it (Reyes 2006). CLASSIFICATION OF CRIMES LEGAL CLASSIFICATIONS: 1. According to law violated a. 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 b. Offense – an act or omission in violation of a special law c. Infraction – an act or omission in violation of a city or municipal ordinance 2. According to the manner of committing crime: a. By means of dolo or deceit – if the crime is committed with deliberate intent. Thus, it is called intentional felonies.  freedom or voluntariness  intelligence  intent b. By means of culpa or fault - 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 the simply the incident of another act performed without malice  lack of foresight  lack of skill  negligence  imprudence 3. According to the stages in the commission: a. Attempted – the crime is attempted when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. b. Frustrated - when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless do not produce it by reason of causes independent of the will of the perpetrator. c. Consummated - when all the elements necessary for its accomplishment and execution are present 4. According to plurality: a. Simple Crime – is a single act constituting only one offense. b. Complex Crime – single act constituting two or more grave felonies or an is a necessary means for committing the other Two (2) Kinds of Complex Crime: 1. compound crime (delito compuesto) 2. complex crime proper (delito complejo) 5. According to gravity: a. Grave felonies - are those to which the law attaches the capital punishment or penalties which in any of their period are afflictive. b. Less grave felonies - are those which the law punishes with penalties which in their maximum period are correctional.

c. Light felonies - are infraction of laws for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both is provided. 6. According to the nature of the act: a. Crimes mala in se – are acts that are inherently evil. Examples are murder, robbery, etc. b. Crimes mala prohibita – are acts which are prohibited only because there are laws forbidding such acts. Examples are Illegal Possession of firearms, Traffic Violations, etc. CRIMINOLOGICAL CLASSIFICATIONS OF CRIME 1. According to the result of the crime: a. Acquisitive crime – if the offender acquired or gained something by committing the crime. Examples are robbery, estafa, bribery, etc. b. Destructive crime – if the crime resulted in destruction, damage or even death. Examples are arson, murder and homicide, damage to property, etc. 2. According to the time or period of commission: a. Seasonal crimes – are crimes that happen only during a particular season or period of the year. Examples are violation of election law, tax law violations, etc. b. Situational crimes – are crimes committed when the situation is conducive to the commission of the crime and there is an opportunity to commit it. Examples are pickpocketing, theft, etc. 3. According to the length of time of the commission: a. Instant crimes – are those crimes that can be committed in a very short time. Example: theft b. Episoidal crimes – are crimes committed through series of acts or episodes and in much longer time. Example: serious illegal detention 4. According to place or location: a. Static crimes – are committed only in one place. examples are theft and robbery b. Continuing crimes – are crimes that take place in more than one place or several places. examples: abduction, kidnapping, etc. 5. According to the use of mental faculties: a. Rational crimes – when the offender is capable of knowing what he is doing and understanding the consequences of his actions. b. Irrational Crimes – when the offender suffers from any form of mental disorders, insanity or abnormality. Thus, the offender doesn’t know what he is doing. 6. According to the type of offender: a. White Collar Crimes – crimes committed by those persons belonging to the upper socio-economic status or in the course of his occupational activities. b. Blue Collar Crimes – are those crimes committed by ordinary criminals as a means of livelihood. CRIMINAL in the legal sense, a criminal is any person who has been found to have committed a wrongful act in the course of the standard judicial process; there must be a final verdict of his guilt in the criminological sense, a person is already considered a criminal the moment he committed a crime CLASSIFICATIONS OF CRIMINALS 1. According to etiology a. Acute criminal – is a person who committed crime as a result of reacting to a situation or during a moment of anger or burst of feeling. b. Chronic criminal – is one who committed a crime with intent or deliberated thinking. 1. Neurotic criminal – is one who has mental disorder. 2. Normal criminal – a person who commits crimes because he looks up to, idolizes people who are criminals. 2. According to the type of offender:

a. Ordinary criminal – a criminal who engages in crimes which do not require specialized or technical skill b. Organized criminal – is one who possesses some skills and know-how which enable him to commit crimes and evade detection. c. Professional criminal – a highly skilled criminals which are engaged in a large scale criminal activities ad usually operate in groups. 3. According to criminal activities: a. Professional criminal – a criminal who earns his living through criminal activities. b. Situational criminal – a person who got involved in criminal act because the situation presented itself. c. Habitual criminal – one who repeatedly commits criminal act for different reasons. d. Accidental criminal – a person who accidentally violated the law due to some circumstances. STUDY OF CRIMINAL LAW EVOLUTION OF CRIMINAL LAWS A) PREHISTORIC CRIME AND PUNISHMENT Primitive Tribes - punishment may be in the form of ostracism and expulsion - adultery may be punished by the aggrieved husband who may kill the adulterer and his own offending wife - crime may be avenged by the victim himself or by the victim’s family B)

THE EARLY CODES

1)

CODE OF HAMMURABI - Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first codifier of laws - it provides the first comprehensive view of the laws in the early days - the Code was carved in stone - the “law of talion”, or the principle of “tit for tat”,(an eye for an eye, tooth for a tooth) appears throughout the Code - under the principle of the law of talion, the punishment should be the same as the harm inflicted on the victim

2)

THE HITTITES - the Hittites existed about two centuries after Hammurabi and eventually conquered Babylon

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CODE OF DRAKON - knows as the “ultimate in severity” - codified by Drakon, the Athenian lawgiver of the seventh century BC

4)

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

5)

ROME’S TWELVE TABLES - Roman law began with the Twelve Tables which were written in the middle of the sixth century BC - the Twelve Tables were the foundation of all laws in Rome and written in tablets of bronze - the Twelve Tables were drafted by the Decemvirs, a body of men composed of patricians

CRIMINAL LAW – is that branch of public law which defines crimes treats of their nature and provides for their punishment. Revised Penal Code or Act No. 3815

– book that contains the Philippine Criminal Law and different special laws and decrees which are penal in nature. It is called as RPC because the old penal code which took effect in the country on July 14, 1887 and was in force 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, Alex Reyes and Mariano de Joya as members.The RPC was approved on Dec. 8, 1930 and took effect on January 1, 1932. Principal Parts of the RPC It is composed of two books; book one which is composed of Articles 1-113 and book two covering Articles 114-367. a. Articles 1-20 – principles affecting criminal liability b. Articles 21-113 – penalties including criminal and civil liability c. Articles 114-367 – felonies Characteristics of the RPC 1. Generality – the law is applicable to all persons within the territory irrespective of sex, race, nationality or civil status except: a. Head of state b. Foreign diplomats, ambassadors, who are duly accredited to our country c. Foreign troops permitted to march within the territory 2. Territoriality - the RPC is applicable to felonies committed within the Philippine territorial jurisdiction. a. Philippine archipelago – all the islands that comprise the Philippines b. Atmosphere water – all bodies of water that connect all the islands such as bays, rivers and streams c. Maritime zone – the twelve (12) Nautical Mile limit beyond our shore measured at low tide EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL CODE: The Revised Penal Code shall be applicable to all cases committed outside the Philippine territorial jurisdiction under the following circumstances: a) should commit an offense while on Philippine ship or airship; b) should forge or counterfeit any coin or currency note of the Philippine Island or obligations and securities issued by the government of the Philippines; c) while being a public officer or employee, should commit an offense in the exercise of their functions’ d) should commit any of the crimes against national security and law of nations 3. Prospectivity - the provisions 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. 4. 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. 5. 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. 6. 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 a 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 School of Thought – refers to a group of beliefs or ideas that support a specific theory. Theory – set of statements devised to explain behavior, events or phenomenon, especially one that has been repeatedly tested and widely accepted. 1. DEMONOLOGICAL THEORY - asserts that a person commits wrongful acts due to the fact that he was possessed by demons. 2. CLASSICAL SCHOOL OF 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 is based on the assumption 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 mentallyhandicapped in as far as free will is concerned. Founders of classical school of criminology are Cesare Beccaria and Jeremy Bentham. Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794) best known for his essay, “On Crimes and Punishment” which presented key ideas on the abolition of torture as legitimate means of extracting confession. 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 Beccaria believed that: a. people want to achieve pleasure and avoid pain. b. Crime provides some pleasure to the criminal. c. To deter crime, he believed that one must administer pain in an appropriate amount to counterbalance the pleasure obtain from crime. d. Famous in sayings “ Let the punishment fit the crime” HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM 1. In forming a human society, men and women sacrifice a portion of their libery so as to enjoy peace and security. 2. Punishments that go beyond the need of preserving the public safety are in their nature unjust. 3. Criminal laws must be clear and certain. Judges must make uniform judgments in similar crimes. 4. The law must specify the degree of evidence that will justify the detention of an accused offender prior to his trial. 5. Accusations must be public. False accusations should be severely punished. 6. To torture accused offenders to obtain a confession is inadmissible. 7. The promptitude of punishment is one of the most effective curbs on crime. 8. The aim of punishment can only be to prevent the criminal from committing new crimes against his countrymen, and to keep others from doing likewise. Punishments, therefore, and the method of inflicting them, should be chosen in due proportion to the crime, so as to make the most lasting impression on the minds of men…

9. Capital punishment is inefficacious and its place should be substituted life imprisonment. 10. It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation. Jeremy Bentham (1748-1832) - his contribution to classical school of criminology is the concept of utilitarianism and the felicific calculus. - proposed “Utilitarian Hedonism” which explains that person always acts in such a way to seek pleasure and avoid pain. - 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 in order to decide whether a particular crime is worth committing or not - he reasoned that in order 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 Utilitarianism – is a philosophy which argues that what is right is the one that would cause the greatest good for the greatest number of people. - others refer to it as the greatest happiness principle or the principle of utility. from this principle, Bentham formulated the “felicific calculus”. Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals calculate the consequences of his actions by wei...