Criminology 2
Criminology 2
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.”
- 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
- 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).
- (R.A. 11131) AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE
PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS "AN ACT CREATING THE BOARD OF
EXAMINERS FOR CRIMINOLOGISTS IN THE PHILIPPINES"
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
THEORY
- Set of statements devised to explain behavior, events or phenomenon, especially one that has
been repeatedly tested and widely accepted.
- Any system of ideas arranged in rational order that produce general principles which increases
which our understanding and explanation.
- Derived from and representative, of particular facts, but those principles are not dependent upon
the particular thing to be explained
- Foundation of criminology and criminal justice.
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).
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 .
- Is a crime that is committed without planning when the perpetrator/offender sees that they
have the chance to commit the act at that moment and seizes it. Such acts have little or
no premeditation.
- The occurrence of a crime depends on two things: the presence of at least one motivated
offender who is ready or willing to engage in a crime, and the conditions of the environment
in which that offender is situated, to wit, opportunities for crime.
- All crimes require opportunity but not every opportunity is followed by crime. Similarly, a
motivated offender is necessary for the commission of a crime but not sufficient. A large part
of this theory focuses on how variations in lifestyle or routine activities affect the
opportunities for crime.
DESIRE CAPABILITY
CRIME
OPPORTUNITY
1. DEMONOLOGICAL THEORY
CRIM 2 – Theories of Crime Causations 2
CRIM 2 – Theories of Crime Causation
Prof. Beverly N. Yco, MSCJ
- Asserts that a person commits wrongful acts due to the fact that he was possessed by demons.
- In the ancient times, people believed that evil spirits or demons entered human body to commit
sins. This was the earliest explanation given regarding crime and criminal behavior. Terms like
demons, witches and windigo were used for people who had turned criminals. The society thought
that it happened due evil influence. Supernatural powers were considered the best explanation
behind crime and sin. It was believed that a person did not commit crimes of his own free will but
under evil influence.
Demonology – came from the greek word “Daimon”, meaning “divinity, divine, power, god” and Logia
means “to study”.
- 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
c. To deter crime, he believed that one must administer pain in an appropriate amount to
counterbalance the pleasure obtain from crime.
- 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”.
CRIM 2 – Theories of Crime Causations 3
CRIM 2 – Theories of Crime Causation
Prof. Beverly N. Yco, MSCJ
What is retribution?
- Retribution is the notion that a wrongdoer should be forced to “pay back” or compensate for his
criminal acts.
- For punishment to be deterrent to criminal behavior, it must be certain, swift, and severe.
- The severity must be sufficient to outweigh any rewards that the criminal may obtain from a criminal
act.
Type of Deterrence
A. Specific Deterrence- this is aimed at the wrongdoer and tries to deter him from crime by
punishing him.
B. General Deterrence- this is aimed at everyone. It deters everyone from crime by punishing the
criminal and thus establishing an example. The weakness is that it does not clearly consider the
impact of punishment on people which have not committed but it might be ready to commit
crime.
4. 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.
Gabriel Tarde
- Founder of neoclassical criminology school
- French sociologist
- Published the book “Penal Philosophy”, 1890”
August Comte
- French philosopher and sociologist and is believed to be the one who reinvented the French
term sociologie.
CRIM 2 – Theories of Crime Causations 4
CRIM 2 – Theories of Crime Causation
Prof. Beverly N. Yco, MSCJ
Cesare Lombroso
- recognized as the “Father of Modern and Empirical Criminology” due to his application of
modern scientific methods to trace criminal behavior, however, most of his ideas are now discredited
- known for the concept of atavistic stigmata (the physical features of creatures at an earlier
stage of development).
- he claimed that criminals are distinguishable from non-criminals due to the presence of
atavistic stigmata and crimes committed by those who are born with certain recognizable heredity 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 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
b. insane criminals – those who became criminals because of some brain defect which affected
their ability to understand and differentiate what is right from what is wrong.
c. criminaloids - those with makeup of an ambiguous group that includes habitual criminals,
criminals by passion and other diverse types
Enricco Ferri
4. Occasional Criminal. One who constitutes the majority of lawbreakers and is the product of
family and social milieu more than of abnormal personal physiomental condition.
5. Habitual Criminal. The criminal by acquired habit, who is mostly a product of the social
environment in which, due to abandonment by his family, lack of education, poverty, and
bad companions, already in his childhood begins as an occasional offender.
Raffaelle Garofallo
6. CONFLICT THEORY
- Is a theory propounded by Karl Marx that claims society is in a state of perpetual conflict due to
competition for limited resources. It holds that social order is maintained by domination and
power, rather than consensus and conformity. According to conflict theory, those with wealth
and power try to hold on to it by any means possible, chiefly by suppressing the poor and
powerless.
- Max’s conflict theory focused on the conflict between two primary classes. The bourgeoisie
represents the members of society who hold the majority of the wealth and means. The
proletariat includes those considered working class or poor. With the rise of capitalism, Marx
theorized that the bourgeoisie, a minority within the population, would use their influence to
oppress the proletariat, the majority class.
7. CRITICAL THEORY
- was first defined by Max Horkheimer of the Frankfurt School of sociology in his 1937 essay
Traditional and Critical Theory.
- Critical theory upholds the belief that a small few, elite of the society, decide laws and the
definition of crime; those who commit crimes disagree with the laws that were created to keep
control of them.
1. BIOLOGICAL THEORIES
- this refers to the set of theories that point to physical, physiological and other natural factors as the
causes for the commission of crimes of certain individuals.
- This explanation for the existence of criminal traits associates an individual’s evil disposition to
physical disfigurement or impairment.
a. Physiognomy – the study of facial features and their relation to human behavior.
- according to him criminal behavior may be predicted based on facial features of the person.
b. Phrenology, Craniology or Cranioscopy – the study of the external formation of the skull in
relation to the person’s personality and tendencies toward criminal behavior.
c. Physiology or Somatotype
- This theory relates to the distinctive body type to personality characteristics and relates
criminal behavior to the body types (Morin, R., 2014). People are born with an inherited
body type based on skeletal frame and body composition
- Somatotyping is the classifying of the people into type according to body build.
- Refers to the study of body build of a person in relation to his temperament and personality
and the type of offense he is most prone to commit.
1. Ernst Kretschmer
- He distinguished three (3) principal types of physiques: asthenic, athletic, pyknik and
dysplastic.
a. asthenic – characterized as thin, small and weak.
b. athletic – muscular and strong.
c. pyknic – stout, round and fat.
d. dysplastic – combination of two body types
d. Y Chromosome Theory
- This theory holds that criminal have an extra Y chromosome that gives them an XYY
chromosomal makeup rather than an XY makeup. This creates a strong compulsion within within them
to commit crimes and being known as “super male”. According to studies the proportions of XYY males
in the prison population is higher than general male population.
Jacob’s Syndrome (JS) This condition is also called XYY karyotype, or YY syndrome. It is a genetic
condition in which a male has an extra Y chromosome. According to the National Institutes of Health,
XYY syndrome occurs in 1 out of every 1,000 boys.
Turner syndrome (TS), also known 45X, is a genetic condition in which a female is partly or completely
missing an X chromosome. Turner syndrome occurs in between one in 2,000 and one in 5,000 females at
birth.
XY – Male Chromosome
e. Heredity
- the transmission of traits from parents to offspring.
- Also called as Genetics
- Genetics explain the causes of crime. In a family studies focus on the history and background
of families it was found out that families with criminal backgrounds, are said to be more likely
to produce children with criminal tendencies also, almost as though crime is a gene carried
through generations. Characteristics and traits of a person can be inherited through genes
and it is argued that criminal behavior may be an inheritable, polygenic trait much like eye
color, height and skin tone etc.
1. Family Studies
Richard Louis Dugdale
conducted a study of the Jukes family by researching their family tree as far back
200 years. He discovered that most of the ascendants of the Jukes were criminals.
Henry Goddard
he traced the descendants of the Martin Kallikak from each of his two wives and
found a distinct difference in termsof quality of lives of descendants. He coined the
term “moron”.
Charles Goring
he believed that criminal traits can be passed from parents to offspring through the
genes.
he proposed that individuals who possess criminal characteristics should be
prohibited from having children.
Osborne and West (1982)
They undertook the study of families and family history comparing of sons and
fathers, criminal fathers and non-criminal convictions.
Findings:
1. The Fathers with criminal convictions meant that 40% of sons also have
criminal convictions.
2. Even when a father had no trace of a criminal conviction, still 13% of sons did.
Genes do not completely determine criminality but yet still may have an
influence.
3. Criminality is higher in sons with criminal fathers, it is still necessary to
understand as to why 60% of them did not commit crimes and why 13% of sons
of non-criminal fathers did (Ainsworth, 2000)
2. Adoption Studies
3. Twin Studies
Findings:
1. An inheritable trait may increase the risk of criminal behavior. They compare the
concordance rate of MZ and DZ twins to assess the role of genetic and environmental
influences. To support the biological approach, the concordance rate of MZ twins would
be higher than DZ twins, (Tehrani & Mednick, 2000).
2. Karl Christiansen undertook a study of twins Studies which support this statement
where concordance for MZ was 35% and only 13% for DZ, his studies were based on
twins he gathered from Denmark between 1880 and 1910, He studied their police and
court records through these years. MZ concordance rate was higher, the difference
between MZ and DZ is that MZ are identical which may suggest this had an influence
on the results. Being identical may mean they are treated similarities may also mean
they mimic each other throughout life and so any criminal behavior may also be
mimicked but the behavior isn’t solely influenced by genetics. The fact DZ twins are
different sex twins most of the time, may mean that gender has more of an influence on
criminal behavior than genetics do.
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 test 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.
ALFRED BINET
– A French psychologist who developed the first IQ test.
- The test measured the capacity of individual children to perform tasks or solve problems in
relation to the average capacity of their peers.
2. PSYCHOLOGICAL THEORIES
- refers to the theories that attribute criminal behavior of individuals to psychological factors, such as
emotion and mental problems.
- This theory has a general perspective that looks to the psychological functioning, development, and
adjustment of an individual in explaining criminal or deviant acts. Under this approach, the criminal
act itself is important only in that, it highlights an underlying issue. It focus on the association among
intelligence, personality, learning and criminal behavior. It further explain criminal behavior, in part,
as factors affecting individuals such as negative childhood experiences, or incomplete cognitive
development.
A. Psychoanalytic Theory
1. ID – this stands for instinctual drives; 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
2. EGO – this is considered to be 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
B. Behavioral Theory
It focuses on behavior modelling and social learning. It maintains that all human behavior –
including violent behavior –is learned through interaction with the social environment.
Behaviourists argue that people are not born with a violent disposition. Rather, they learn to
think and act violently disposition as a result of their day to day experiences (Bandura, 1977)
C. Cognitive Theory
This theory signifies that an individual perception and how it is manifested affect his or her
potential to commit crime (Jacoby, 2004). It focus on how people perceive their social
environment and learn to solve problems. The moral and intellectual development perspective is
the branch of cognitive theory that is most associated with the study of crime and violence.
3. SOCIOLOGICAL THEORIES
- 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
- he stated that crime is a normal part of the society just like birth and death.
Gabriel Tarde
- introduced the theory of imitation which proposes the process by which people
become criminals.
- according to this theory, individuals imitate the behavior of other individuals based on
the degree of their association with other individuals and it is inferior or weak who tend to
imitate the superior and strong.
- cartographic school of criminology made use of statistical data such as population, age,
gender, occupation, religious affiliations and social economic status and studies their
influences and relationship to criminality.
- environmental factors such as the kind of rearing or family upbringing, quality of teaching in school,
influences of peers and friends, conditions of the neighborhood, and economic and other societal
factors are believed to be contributory to crime and criminal behavior.
b. Strain Theory
- Founded by Robert Agnew (1992)
- strain refers the individual’s frustration, anger and resentment.
- holds that crime is a function of the conflict between the goals people have and the means
they can use to legally obtain them. This also 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.
c. Subcultural Theory
- By Richard Cloward and Lloyd Ohlin (1960)
- This theory is linked to anomie and strain exemplifying concepts of status frustrations and
differential opportunity.
Positive Reinforcement
- the behavior results in something good –some positive consequence like money,
the pleasurable feelings associated with drug use, attention from parents, from approval
from friends, or an increase in social status
Negative Reinforcement
-The behavior results in the removal of something bad –a punisher is removed or
avoided.
(Example: Suppose one’s friends have been calling her a coward because she
refuses to use drugs with them. The individual eventually takes drugs with them, after
which time they stop calling her a coward. The individual’s drug use has been negatively
reinforced.)
c. Neutralization Theory
B. Conflict Theory
- The view that society is divided into two or more groups with competing ideas and
values. The group (s) with the most power makes the laws and control society. Groups
lacking the formal power to make the rules still maintain their own group norms, and
continue in their behavior, which is now viewed as criminal by the larger society.
C. Marxist Theory
Marxist theories argue that those who own the means of productions (e.g., factories,
business) have the greatest power. This group –the capitalist class –uses its power for its
own advantage. Capitalists work for the passage of laws that criminalize and severely
sanction the “street” crimes of lower –class persons, but ignore or mildly sanction the
harmful actions of business and industry (e.g., pollution, unsafe working conditions).
D. Feminist Theory
This theory focus on gender differences in power as a source of crime. It address two
issues: why are males more involved in most forms of crime than females, and why do
female engage in crime. Most theories of crime that the causes of female crime differ
somewhat from the causes of the male crime.
E. Displacement Theory
Crime displacement is the relocation of crime (or criminals) as a result of police crime
prevention efforts. Crime displacement has been linked to problem –oriented policing, but it
may occur at the other levels and for other reasons. Community –development efforts may
be a reason why criminals move to other areas for their criminal activity.
The displacement theory argues that by removing the opportunity for crime or seeking
prevent a crime by changing situation in which it occurs does not actually prevent crime but
merely moves it to a new environment with less obstacles. Crime displacement is one
probable explanation the criminal pattern changes in a certain system. A practical and
common belief about crime displacement is that if perpetrators have the ability, mobility and
flexibility to exploit the wekest link in the chain, they will do so to commit the crime (Ekwall &
Lumsden, 2007)
a. Containment Theory
- proposed by Walter Reckless
- he stated that inner and outer containments help prevent juvenile offending.
- containment means the forces within and outside the individual that has the power to
influence his actions.
- inner containments include positive self-concept, tolerance for frustration and an ability to
set realistic goals.
- outer containments include family.