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PAGADIAN CAPITOL COLLEGE, INC.

COLLEGE OF CRIMINAL JUSTICE EDUCATION
DEPARTMENT OF CRIMINOLOGY
PCC REVIEW CENTER, Tuburan District, Pagadian City
“The Home of Topnotchers”

INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIME

By: Dean John Dexter G. Sarcena, MS Crim
Registered Criminologist PRC License Number 0019091
Registered Professional Teacher PRC License Number 1305644

CRIMINOLOGY is a body of knowledge regarding crime as a social phenomena. It includes within its
scope the making of laws, the breaking of laws and the reaction towards the breaking laws. It is the
scientific study of crime. Derives from the Latin word “CRIMEN” means offense, coined by an Italian Law
Professor Raffaele Garafolo in Italian “CRIMINOLOGIA” in 1885 and French anthropologist Paul Topinard
in French “CRIMINOLOGIE” in 1887.

CRIME:
Legalistic definition, states that crime is a behavior that violates the law. It calls for an evaluation of
behavior on the basis of intention, knowledge and freedom to act.
A. Intention
B. Knowledge. The “M’Naghten Rules” stated that a defendant is not guilty of a crime if, at the
time of the act, mental illness permits the actor from 1.) knowing what he or she was going or
2.)knowing that the act was wrong.
C. Freedom
a. Irresistible impulse test
b. Substantial capacity test

Crime (legal) is an intentional act or omission in violation of CRIMINAL LAWS, committed without
defense or justification and sanctioned by law as felony or misdemeanor. Crime is a violation of legal
norms which is defined terms of criminal law.
The legal definition of crime says that behavior becomes a crime only if it violates the criminal
law. Additionally, an act, may be unethical but is not a crime, unless it violates the criminal law.
Criminal law or penal law = is that branch of public law which defines crime, treat of their
nature and provides for their punishments.
January 1, 1932 – Effectivity of Revised Penal Code

Crime Defintion assumes:

1. Crime is viewed as an applied concept that becomes behavior when it violates criminal law.
2. The offender cannot be assumed to be a criminal until he has been found guilty through court
procedure.
3. It is contended that criminal law is a particularly stable and responsible means of adjusting social
control to changing social conditions.

Characterisctics of Criminal Law:

1. General application – provision of the law is equally applied to all person within the territory
irrespective of sex, race, nationality and other personal circumstances.
2. Territorial in character – our country has the right to promulgate laws enforceable.
3. It is specific and defined – our criminal law must give a strict definition of a specific act which
constitute an offense. In case of doubt, the law must be construed liberally in favor of the accused
and strictly the state.
4. It is uniform in application – no exception 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 differential enforcement of a given specific povision of the penal law.
5. It must be prospective – no person can be punished for his act, which at the time it was committed,
is not yet punishable by law. However, penal laws may be given retroactive effect when it is favorable
to the accused who is not a habitual deliquent.
6. There must be a penal sanction or punishment – the penalty act as deterrence, retribution and as a
measure of self-defense of the State to protect the society from the treat and wrong inflicted by the
criminal.

Crime (social) = is an act which the groups regards as sufficiently menacing the fundamental interests in
order to justify the formal reaction of restraining the violator.
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Labelling definition = crime is behavior defined as “crime” that rests with those who have the power to
define it.

Two Basic Theories of Crime:

1. Spiritual or other-world explanations
The feudal lords instituted methods by which God could indicate who was innocent and who was
guilty.
a. Trial by battle
b. Trial by ordeal
c. Compurgation
2. Natural explanations or this-world explanations
In Criminology, as in other social sciences, modern thought that calls itself scientific has
abandoned the spiritual approach as a frame of reference.
1. Criminal behavior is freely choosen.
2. Criminal behavior is caused by forces beyond the control of the individual.
3. Crime primarily as a function of the way the criminal law is written and enforced.

Principal Division of Criminology:

1. Criminal Etiology = is an attempt at scientific analysis of the causes of crime. Focuses on the actual
causes of criminal behavior.
2. Sociology of law = is an attempt at scientific analysis of the causes of crime. Focuses on the actual
causes of criminal behavior.
3. Penology = which is concerned with the control and prevention of crime and the treatment of
youthful offenders.

CLASSIFICATION OF CRIMES:

1. Simple crime = when a single act constitute one offense.

2. Complex crime = when a single act constitute two or more grave felonies or when an offense is
necessary means for committing the other.
3. Acquisitive crime = when the offender acquires something as a consequence of his criminal act.
4. Extinctive crime = when an end result of a criminal act is destructive.
5. Seasonal crime = those committed only during certain period of the year.
6. Situational crime = those committed only when a given situation is conductive to its commission.
7. Instant crime = those committed in the shortest possible time.
8. Episodial crime = those committed by a series of act in a longer space of time.
9. Static crime = those committed in one place.
10. Continuing crime = those that are committed in several places.
11. Rational crimes = those committed with intension and offender is in full possession of his sanity.
12. Irrational crimes = committed by persons who do not know the nature and quality of their act on
account of the diseases of the mind.
13. White-collar crime = those committed by persons of high respectibility and of upper socio-economic
class, whose offense are committed in the course of their occupational activities.
14. Blue collar crime = those committed by ordinary professional criminals to maintain their livelihood.

CRIMINAL – in the legal sense, is any person who has been found to have committed a wrongful act in
the course of standard judicial process. There must be a final verdict of his guilt.

1. Acute criminals = those who violate the law because of the impulse of the moment, fit of passion or
anger or spell of extreme jealousy.
2. Chronic criminals = those who acted in the consonance with deliberated thinking.
3. Neurotic criminals = are those whose actions arise from intra-psyhic conflict between the social and
anti-socio component of his personality ., e.g. kleptomania.
4. Normal criminals = person whose psychic organizationresembles that the normal individuals except
that they identify themselves with criminal prototype.
5. Ordinary criminals = lowest form of criminal career where they engaged only on conventional crimes
that requires limited skills. They lack organization to avoid arrest and convictions.
6. Organized criminals = has high degree organization to enable them to commit crimes without being
detected committed to specialized activities which can be operated in large business scale. They
include various forms of racketeering, control of gambling, prostitution and distribution of prohibited
drugs.
7. Professional criminals = highly skilled and able to obtain considerable amount of money without
being detected because of organization and contact with other professional criminals, thus escape
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conviction. They specialized in crimes which require skill games, pick-pocketing, shoplifting, sneak
thievery, counterfeiting and others.
8. Accidential criminals = those who commit criminal as a result of unanticipated circumstances.
9. Habitual criminals = those who continue to commit criminal acts for such diverse reasons due to
deficiency of intelligence and lack of self-control.
10 Situtional criminals = those who are actually not criminal but constantly in trouble with the legal
authorities because they commit robberies, larcenies and embezzlement which are intermixed with
legitimate economic activities.
11. Active aggressive criminals = commit crimes in an impulsive manners usually due to their aggressive
behavior of the offender. This attitude is clearly shown in crimes of passion, revenge or
resentments.
12. Socialized deliquents = those who are normal in their behavior but merely defective in their
socialization processes. To this group belongs the educated respectable members of society who
may turn criminal on account of the situation they involved.

THEORETICAL CAUSES OF CRIME

1. THE CLASSICAL THEORY OR THE CLASSICAL SCHOOL OF THOUGHT

This was advocated by CESARE BECCARIA, stating that the people are motivated by the pain and
pleasure in the pursuit of criminal act, and they exercised free will, rationality by pain and pleasure in
the pursuit of criminal act, and they exercised free will, rationality and responsibility in their choice of
action.

2. NEO-CLASSICAL SCHOOL OF THOUGHT (NEO-CLASSICAL THEORY)

In part conforms with the classical theory, but maintained and explained the fact that crimes are
committed in accordance with the freewill of men but the act committing a crime is modified by some
causes that finally prevail upon the person to commit the crimes.

3. POSITIVIST THEORY OR POSITIVIST SCHOOL OF THOUGHT

This theory was extensively studied by Cesare Lombroso considered to be the Father of Modern
Criminology, who explained that criminals are born with some physical defects and characteristics that
becomes causes of crime.

Factors that Enhances the Development of Criminal behavior

1. Criminal demography - study of the relationship between criminality and population

2. Criminal epidiomology - study of the relationship between environment and criminality.
3. Criminal ecology - study of criminality in relation to special distribution of crime in a community.
4. Criminal physical anthropology - study of criminality in relation to the physical constituion of man.
5. Criminal psychology - study of human behavior in relation to criminality.
6. Criminal psychiatry – study of human mind in relation to criminality.

Types of Criminological theories

Theory Causes Policy

1. Biochemistry Heredity, vitamin deficiency, allergy, tumor, Isolation, treatment

toxins, brain dysfunction, hormonal imbalance
2. Psychology Low intelligence, psychopathy, stress Treatment, counseling
3. Ecology Disorganized neighborhoods Community empowerment
4. Strain Economic goal blockage Increased oppurtunities
5. Learning Imitation, reinforcement schedules More effective negative reinforcement,
more use of positive reinforcement
6. Control Socialization, low self-control Child-rearing, social bonds
7. Labelling Shunning, identify immersion Non intervention, reintegration
8. Conflict Power diffrentials, competition Increased equality
9. Radical Class struggle, capitalism Praxis, socialism
10. Left Realism Predatory relationships More effective police protection
11. Peacemaking Inner suffering and turmoil Spiritual rejuvenation
12. Feminist Gender inequity, patriarchy End sex discrimination
13. Postmodern Hierarchical privileges and language More informal social control

1. Biochemistry is known by many names biological, constitutional (having to do with the structure of
the body’s morphology), genetic and anthropological criminology.
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2. Psychological criminology has been around since 1914 and attempts to explain the consistent finding
that there is an eight-point IQ difference between criminals and non-criminals.

3. Ecological criminology was the first sociological criminology, developed during the 1920s at the
Department of Sociology at the University of Chicago. Hence, it is also called Chicago School of
Sociology. Ecology is the study of relationship between an organism and its environment, and this type
of theory explains crime by the disorganized eco-areas where people live rather than by the kind of
people who live there.

4. Strain, sometimes called by the French word anomie, is a 1938 American version of French sociology,
invented by the Father of modern sociology, Emile Durkheim (1858-1917). This type of theory sees crime
as crime as the normal result of an “American Dream” in which people set their aspirations (for wealth,
education, occupation, any status symbol) too high, and inevitably discover strain, or goal blockages,
along the way. The only two things to do are reduce aspirations or increase opportunities.

5. Learning theories tend to follow the lead of Edwin Sutherland’s theory of differntial association,
developed in 1947, although ideas about imitation or modeling go back to 1890. Often over simplified as
“peer group” theories, learning is much more than that, and involves the analysis of what is positively
and negatively rewarding (reinforcing) for individuals.

6. Control theories in criminology are all about social control. It focuses upon a person’s relationship to
their agents of socialization, such as parents, teachers, preachers, coaches, scout leaders or police
officers. It studies how effective bonding with such authority figures translates into bonding with
society, hence keeping people out of trouble with the law.

7.Labeling theory – anyone facing an overwhelming, negative labeling social reaction will evntually
become more like the label because that is the only way out for their identity formation.

8. Conflict theory – holds that society is based on conflict between competing interest groups, for
example, rich against poor, management against labor, whites against minorities, men against women,
adults against children, etc.

9. Radical theories – Crime is seen as a reflection of class struggle, a kind of primitive rebelliom with
criminals behaving as rebels without a clue.

10. Left realism is a mid-1980s British developmant that focuses upon the reasons why people of the
working class prey upon one another, that is, victimize other poor people of their own race and kind. It
wants the police to have more power in protecting poor people, but on the other hand doesn’t want the
police to be invasive or intrusive.

11. Peacemaking criminology – It suggests that the solution to crime is to create more caring, mutually
dependent communities and strive for inner rebirth or spiritual rejuvenation (inner space).

12. Feminist criminology – The central concept is patriarchy, or male domination, as the main cause of
crime. Feminists also tend to call for more attention to female points of view.

13. Postmodern criminology – It tends to focus upon how stereotypical words, thoughts and
conceptions limit our understanding, and how crime develops from feelings of being disconnected and
dehumanized. It advocates replacing our current legal system with informal socail controls such as group
and neighborhood tribunals.

TYPES CRIMES IN THE MODERN WORLD

1. Organized crime
2. White collar crimes
3. Conventional crimes
4. Victimless crimes

1. ORGANIZED CRIME DEFINED:

a continuing, structed collectivity of persons who utilize criminality, violence and willingness to
corrupt in order to gain and maintain power and profit (Presidents’s Commission on Organized crime).
It is sometimes referred to as a mob, mafia, syndicate or cosa nostra. The term cosa nostra
(literally means “one thing”) or mafia is use to signify organized crimes. A strict code of conduct governs
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their behavior called OMERTA- the mafia’s code of secrecy and informal, unwritten code of organized
crime which demand silence and loyalty among other thing of family members.

How Organized crime group works?

1. An enforcer
2. A corrupter
3. A corruptee

4 Types of Organized Crimes:

1. Criminal Gang – is an intimate group bound by ties of friendship and loyalty that tend to established
its own folkways and mores, often against the conventional society.
2. Criminal Syndicate – is a stable business organization whose violence is ditected at unwelcome
competitors.
3. Racketerrer – is an organized method of extorting money from those engaged either in illegitimate or
legitimate enterprises, by illegal means often accompanied by threats of infliction of injury or
destruction of property.
4. Corrupt Political Group – the deliberate work of the corrupt political machine.

2. WHITE COLLAR CRIME DEFINED

- Refers to such activities as embezzlement, industrial espionage, insider traiding, bribery and
extortion, tax evasion and various corporate crimes. Involves illegal activities of people and institutions
whose acknowledge purpose is profit and gain through legitimate business transactions. Committed by a
person of respectability and high social status in the course of his occupation (Edwind H. Sutherland). An
illegal act or series of illegal acts committed by non-physical means and by concealment or guide to
obtain money or property or to avoid the payment or loss of money or property or to obtain business or
personal advantage (Herbert Edelhertz).

Two Major categories of White-Collar Crime:

1. Occupational crime = the use of one’s occupation to illegally obtain personal gain.
2. Corporate crime = any activity that is undertaken by a corporation for its benefit but violates the
law.
Four Distinct Categories of White-Collar Crime:
1. Ad Hoc Violations
2. Abuses of trust
3. Collateral business crimes
4. Con Games

Nine (9) Categories of White Collar-Crime

1. Security-related crime
4 Kinds of Offenses which are prevalent:
a. Churning
b. Insider Traiding
c. Stock Manipulation
d. Botter rooms
2. Bankruptcy Fraud
a. Similar Name
b. Old Company Scam
c. New Company Scam
d. Successful Business Scams

3. Fraud Against the Government – includes collusions in binding, payoff and kickbacks to government
officials, expenditures by a goverment official that exceed the budget, the filling of false claims, the
hiring of friends or associates formerly employed by the government and offers inducements to
goverment officials.

4.Consumer Fraud – is the act of causing a consumer to surrender money through deceit or
misrepresentation of a material fact:
a. Home-improvement Fraud
b. Deceptive advertising Land Fraud – consumers often make purchase of worthless or
overvalued land.
c. Business oppurtunity Fraud

5. Computer/Internet Crimes
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a. Computer Fraud
b. Computer Espionage
c. Computer Sabotage
d. Computer Hacking
e. Theft of Computer Time, Software and Hardware

6. Insurance Fraud – policy holders defraud insurances accomplished by the filling of false for life, fire,
marine or casualty insurance.
7. Tax Fraud – attempt to evade or defeat a tax, non payment of tax.
8. Bribery Corruption and Political Fraud – the objective may vary as to find a favor, special privileges,
service, business.
9. Insider-related Fraud – involves the use and misuse of one’s position for pecuniary gain or privilege.
a. Embezzlement
b. Employee-related Thefts
c. Sale of confidential information

Forms of white collar crimes

a. Corporate crimes
b. Environmental crimes
c. Occupational crimes
Classification:
a. Organizational occupational crime
b. State authority occupational crime
c. Professional occupational crime
d. Individual occupational crime

3. CONVENTIONAL CRIMES
Conventional crimes are groups of crimes categorized as violent crimes (index crimes) and
property crimes.
1.Violent Crimes – are criminal acts, which in the threat of or actual physical harm
by an offender to a victim.
a. Murder – is the unlawful killing of human being with malice and with the act of violence.
Types:
1. Serial murder
2. Mass murder
3. Spree murder
b. Homicide and assault
Homicide - is unlawful killing without the qualifying circumstances of murder.
Assault – is the unlawful attack to another person purposely to harm or inflict physical injuries.
Robbery – is the taking of property belonging to another with intent to gain by means of force upon
things, violence or intimidation against the person.
Types of Robbers:
1. Professional robber
2. Oppurtunist
3. Addict robber
4. Alcoholic robber
5. Muggers
Rape – a carnal knowledge of a woman against her will.
Categories:
1. Real rape – aggravated rape involving violence, weapons and attackers.
2. Simple rape – anything else not fall as real rape such as : victims are viewed as suspicious
particularly if the victim did not physically resist.
Family violence – is a violent crime involving physical assault by a family
member to other family members such as the following.
2. Property crimes – are crimes of economic interest.
Forms:
a. Occasional property crimes – are group of property crimes committed by ordinary property
criminals with little progressive knowledge on criminal techniques.. Shoplifting, vandalism, motor vehicle
theft, check forgery.
b. Conventional property crimes – committed by professional criminals on a persistent basis,
which constitute form of career criminality. Burglary/unlawful entry to commit theft, fence,
larceny/theft.
c. Destructive property crimes
1. Arson – unlawful burning of property on another.
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Types :
1. Profit-motivated arson
2. Revenge arson
3. Vandalism arson
4. Excitement arson
5. Sabotage arson

4. VICTIMLESS CRIMES
Called moral offenses or vice and generally refer to public order crimes. Victimology is the
scientific study of the victim. Attempt to explain the causes of victimization. Hans Von Hentig – one of
the criminologist discover that victims are an important part of the crime process and portrayed that
crime victim is someone who “Shapes and molds the criminal” Stephen Schafer, pionnered
criminologist, focused on the victims responsibility in the “genesis of crime” and found that some
victims may have provoked or encouraged the criminals.

Theories of Victimology
1. Victim Precipitation Theory: View : some people may actually initiate the confrontation that
eventually leads to their injury or
death.
2. Lifestyle Theories
3. Routine Activities Theory

PIONEERS IN CRIMINOLOGY: A CHRONOLOGY

FREE WILL BIOLOGICAL DETERMINISM PSYCHOLOGICAL SOCIAL DETERMINISM
DETERMINISM
CESARE BECCARIA(1738- GIAMBATTISTA DELLA PORTA PILIPPINE PINEL ADOLPHE
1794) Wrote first coherent Founded the school of human (1745-1826) QUETELET(1796-1874)
comprehensive design for physiognomy. Described the concept of Made early attempt to
enlightened criminal justice moral insanity to described repudiate free-will
system based on law rather JOHANN KASPAR LAVATER person who were normal on doctrine of classicists.
than arbitrary decisions. (1741-1801) Early biological all aspects except that Studied social
approach to crime causation. something was wrong with determinants of
JEREMY BENTHAM(1748- Developed phrenology, the the part of the brain that behavior.
1832) Developed utilitarian study of the relationship regulate affective responses.
principles of punishment between bumps on the brain/s AUGUST COMTE
based on the amount of outer surface and SIGMUND FREUD (1798-1857)
happiness (pleasure) or psychological traits. (1856-1939) Brought modern
unhappiness (pain) any given Originated the scientific methods of
act will bring to the actor. FRANZ JOSEPH GALL psychodynamic theory the physical sciences
Propose precise (1758-1828) Early biological orpsychoanalytic/freudian into the social sciences.
pseudomathematical formula approach to crime causation. theory that human monds
which he called “HEDONISTIC Further developed phrenology. perform three separate ANDRE MICHEL
CALCULUS” functions. GUERRY(1802-1866)
CHARLES CALDWELL Used criminal statistics
(1772-1853) Searched for ISAAC RAY (1807-1881) to demonstrate that
evidence that brain tissue and Questioned whether people crime rate varied with
cells regulate human action. who were morally insane social factors.
could be held legally
JOHANN KASPAR responsible for their acts. GABRIEL TARDE
SPURZHEIM(1776-1832) (1843-1904)
Early biological approach HENRY MAUDSLEY Explained crime as a
continued studies of (1835-1918) learned behavior.
phrenology. Pionered criteria for legal Formulated the theory
responsibility. on the “law of
CHARLES DARWIN Imitation”
(1809-1882) Formulated HENRY H. GODDARD
theory of evolution which (1866-1957) EMILE DURKHEIM
challenged theological Related criminal behavior to (1858-1917)
teaching and changed intelligence level (Kallikak A founder of sociology.
explanations of human Family) Developed theory of
evolution. anomie (a breakdown
of social order as a
CESARE LOMBROSO result of a loss standard
(1835-1909) and values), idea that
Replaced free will with crime is normal in all
determinism as the societies, relation
explanatory factor in criminal change and behavior,
behavior. Posited the “born etc.
criminal”. Shifted attention
from act to actor.
Father of modern criminlogy.

RICHARD DUGDALE
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(1841-1883)
Related criminal behavior to
inherited traits (Jukes Family).

RAFFALE GAROFALO
(1852-1934)
Traced roots of criminal
behavior to “moral
anomalities” rather than to
physical stigma.

ENRICO FERRI (1856-1929)

Produced first penal code
based on principles of
positivism. Replaced “moral
responsibility” with social
accountability.

ERNEST HOOTON(1887-1954)
Related criminality to heredity
inferiority. Referred criminals
as “CRIMINAL STOCK” and he
recommended their
sterilization.

ERNEST KRETSCHMER
(1884-1964)
Introduced the somatotype
(body build) school of
criminology). Pyknic,
leptosomatic,
aesthenic/athletic and
dysplastic.

WILLIAM SHELDON
(1898-1977)
Related body types to illegal
behavior. Endomorph,
ectomorph and mesomorph.