SOCIOLOGY OF CRIME AND ETHICS

INTRODUCTION TO CRIMINOLOGY and PSYCHOLOGY OF

CRIMES (CRIM 1)

CRIMINOLOGY
- the entire body of knowledge regarding crimes,
criminals and the efforts of society to prevent and
repress them
- a body of knowledge regarding delinquency and crime
as a social phenomenon; it includes within its
scope, the making of laws, the breaking of laws and
the reactions toward the breaking of laws (Edwin
Sutherland)
- 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
- the study of crimes, causes of crimes, the meaning
of crime in terms of law and community reaction to
crime
- the study that aims to explain the connection
between crime and the personal characteristics of
the offender including his environment

The scientific study of crimes and criminals is

extended in three basic lines:

1) nature of criminal law and its administration –

Sociology of laws
2) causes of crimes and behavior of criminals –
etiology of crimes
3) control of crimes and rehabilitation of offenders -
penology

NATURE OF CRIMINOLOGY

1) It is an applied science.
In the study of the causes of crimes, anthropology,
psychology, sociology and other natural sciences may be
applied. While in crime detection, chemistry, medicine,
physics, mathematics, ballistics, polygraphy, questioned
document examination may be utilized. This is called
instrumentation.
2) It is a social science.
In as much as crime is a social creation, that it
exists in a society being a social phenomenon, its study
must be considered a part of social science.

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3) It is dynamic.
Criminology changes as social condition changes. It is
concomitant with the advancement of other sciences that have
been applied to it.
4) It is 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. It follows therefore that the
causes of crime must be determined from its social needs and
standards.

SCOPE OF 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 different factors that enhances the
development of criminal behavior, such as:
a) criminal demography – the study of the
relationship between criminality and population
b) criminal epidiomology – the study of the
relationship between environment and criminality
c) criminal ecology – the study of criminality in
relation to the spatial distribution in a
community
d) criminal physical anthropology – the study of
criminality in relation to physical constitution
of men
e) criminal psychology – the study of human behavior
in relation to criminality
f) criminal psychiatry – the study of human mind in
relation to criminality
g) 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

TRIANGLE OF CRIME/ELEMENTS OF CRIME

1) DESIRE – it is what induces or pushes the person to
commit crime

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 2) CAPABILITY – ability of the person to execute the acts
or omission
3) OPPORTUNITY – refers to the physical possibility that
the crime could have been committed.

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

SUB-CLASSIFICATION OF CRIMES

1) 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
ELEMENTS OF FELONY
1. There must be an act or omission
2. The act of omission must be voluntary
3. It must be punishable by law.
2) OFFENSE
- an act or omission in violation of a special law
3) misdemeanor
- an act or omission in violation of a city or municipal
ordinance

CLASSIFICATION OF A FELONY

a) INTENTIONAL FELONIES:
- felonies committed by means of dolo (deceit)
- the act or omission is performed with deliberate
intent or malice
1) freedom or voluntariness
o when the person acted on his own accord, without
irresistible force and/or uncontrollable fear
2) intelligence
o when the person who committed the crime has the
ability to determine what is right from what is
wrong and to realize the consequences of one’s act

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 3) intent
o when the person knowingly and purposely committed
the crime to effect the desired result

b) 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
1) imprudence
o deficiency in action; failure to take the
necessary precaution to prevent the danger due to
carelessness
2) negligence
o deficiency in perception; failure to foresee the
danger
3) lack of foresight
o when the crime resulted due to the person’s
inability to predict the obvious possible outcome
of his actions
4) lack of skill
o when the crime resulted because the person does
not have the necessary skill to perform the action
safely

LEGAL CLASSIFICATION OF CRIMES

1) as to the manner crimes are committed:

a) by means of dolo or deceit – the act was done with
deliberate intent
b) by means of culpa or fault – when the wrongful act
results from imprudence, negligence, lack of foresight or
lack of skill.

2) as to the stages in the commission of crimes:

a) consummated crime – when all the elements
necessary for its execution and accomplishment are
present
b) frustrated crime – when the offender has performed
all the acts of execution which will 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) attempted crime - when the offender commences the

commission of a crime directly by overt acts and

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 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

3) according to plurality:
a) simple crime – single act constituting only one
offense
b) complex crime – single act constituting two or more
grave felonies or an act is a necessary means for
committing the other (ex. Robbery with Homicide,
Robbery with Rape,

4) according to gravity:
a) grave felonies – those to which the law attaches
the capital punishment or afflictive
penalties
b) less grave felonies – those to which the law
attaches correccional penalties
c) light felonies – those to which the law attaches
the penalty of arresto menor or a fine not
exceeding P200.00
5) basis of criminal act:
a) crimes against person
b) crimes against property
c. crimes against chastity
d. crimes against public order

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1) according to the result of the crime:

a) acquisitive crime – the offender acquires
something
b) extinctive crime – the consequence of the act is
destructive / end result of the wrongful act
2) according to the time or period of the commission of
the crime:
a) seasonal crime – committed only during a certain
period of the year ex. Violation of tax law
b) situational crime – committed only when the
situation is conducive to its commission ex. theft
3) according to the length of time of the commission of
the crime:
a) instant crime – committed in the shortest possible
time
b) episoidal crime – committed by a series of acts in
a lengthy space of time

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4) according to the place or location:
a) static crime – committed in only one place
b) continuing crime – committed in several places
5) according to the use of mental faculties:
a) rational crime – committed with intent and the
offender is in full possession of his sanity ex.
Coup de etat
b) 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 ex. kleptomaiac
6) according to the type of offender:
a) white-collar crime – committed by a person
belonging to the upper socio-economic class in the
course of his occupational activities
b) blue-collar crime – committed by ordinary
professional criminal to maintain his livelihood

7. as to the standard of living of the criminals

a. crimes of the upper world – falsification cases
b. crimes of the underworld- bag snatching

CRIME STATISTICS
- attempts to provide a statistical measure of the
level, or amount of, crime that is prevalent in
societies
- usually refers to figures compiled by the police and
similar law enforcement agencies

INDEX CRIMES
- crimes which are sufficiently significant and which
occur with sufficient regularity to be meaningful,
such as murder, homicide, physical injury, robbery,
theft and rape

NON-INDEX CRIMES
- all types of crimes not considered as index crimes

CRIME RATE
- measure of the rate of occurrence of crimes
committed in a given area and time
- the number of crimes committed among a given number
of persons
- the number of crimes committed per 100,000
population
- stated mathematically:

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 number of crimes
crime rate = _______________________ X 100,000

total number of population

CRIME INCIDENCE
- the number of crimes reported as to index or non-
index within a given period

CRIMINAL FORMULA – according to David Abrahamsen, in his

book entitled “Crime and Human Mind” in 1945
C=(T+S)/R
C- Crime
T- Tendencies
S- Situation
R- Resistance

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

GENERAL CLASSIFICATION OF CRIMINALS

1) on the basis of etiology:

a) acute criminals – persons who violate criminal law
because of the impulse of the moment, fit of
passion or anger
b) chronic criminals – persons who acted in
consonance with deliberated thinking, such as:
b.1) neurotic criminals – persons whose actions
arise from the intra-psychic conflict between
the social and anti-social components of his
personality
b.2) normal criminals – persons whose psychic
organization resembles that of a normal
individual except that he identifies himself
with criminal prototype

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 2) on the basis of behavioral system:
a) ordinary criminals – the lowest form of criminal
career; they engage only in conventional crimes
which require limited skill
b) 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
c) 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
3) on the basis of activities:
a) professional criminals – those who earn their
living through criminal activities
b) accidental criminals – those who commit criminal
acts as a result of unanticipated circumstances
c) habitual criminals – those who continue to commit
criminal acts for such diverse reasons due to
deficiency of intelligence and lack of control
d) situational criminals – those who are actually not
criminals but get in trouble with legal
authorities because they commit crimes intermixed
with legitimate economic activities
4. on the basis of mental attitudes
a. active aggressive criminals – those who perpetrate
crime in an impulsive manner usually due to the aggressive
behavior of the offender
b. passive inadequate criminals – those who commit
crimes because they are urged and pushed to it by means of
inducement, by reward or promise without considering its
consequence.
c. socialized delinquents – those persons who are
normal in their conduct and behavior but merely defective in
their socialization processes.

INTRODUCTION TO THE STUDY OF CRIMINAL LAW

CRIMINAL LAW or PENAL LAW

- that branch of public law which defines crimes,
treats of their nature and provides for their
punishment

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REVISED PENAL CODE (ACT 3815)
- the book that contains the Philippine criminal law
- effectivity of the RPC is 1 January 1932

CHARACTERISTICS OF CRIMINAL LAW

1) 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:
a) heads of state or country
b) foreign diplomats and ambassadors
2) 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:
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 three (3) 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) 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.

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However, penal laws may be given retroactive effect when it
is favorable to the accused.
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.

THE EVOLUTION OF CRIMINOLOGY

ORIGIN OF THE WORD “CRIMINOLOGY”

The term criminology was derived from the Italian term

“criminologia” coined by Raffaelle 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.

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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 (Lex Taliones)- law of Retaliation
- 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
Highlights of the laws of the Hittites:
- capital punishment was used for many offenses, except
for homicide or robbery
- rape, sexual intercourse with animals, defiance of the
authority and sorcery were all punishable by death
- the law of homicide provided for the restitution to the
victim’s heirs
- law enforcement and judicial functions were placed in
the hands of commanders of military garrisons
3) CODE OF DRACO
- knows as the “ultimate in severity”
- codified by Draco, 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 Draco,
except the law on homicide

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- 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
Highlights of the Twelve Tables:
- if a man break another’s limb and does not
compensate the injury, he shall be liable to
retaliation
- a person who committed arson of a house or a stack
of corn shall be burned alive
- judges who accepted bribes as well as those who
bribed them were subject to execution
- any act of treason was punishable by crucifixion
6. Deuteronomy
- Fifth book of Holy Bible, which contains the basis
of the Jewish Laws
7. Burgundian Code (500 A.D)
- The code which specified punishment according to the
social class of the offenders
8. 5th and 11th Centuries
- Known as the century of dark ages wherein excessive
and brutal measures of social control imposed by the
church
9. 13th century – securing sanctuary
- A criminal could avoid punishment by claiming
refugee in a church for a period of 90 days but at
the end of which time has compelled to leave the
realm by a road assigned to him
10. 16th and 17th Centuries
- The start of the conceptualization or construction
of workhouses and houses of corrections.
11. 17th to late 18th Century
Death penalty became prevalent as a form of punishment.
a. Gaols (jails) – pretrial detention facilities
operated by English sheriff.
b. Galleys – long, low, narrow, single decked ships
propelled by sails, usually rowed by criminals used
for transportation of criminals

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 c. Hulks – decrepit transport, former warship used to
house prisoner in 18th century. They were also called
“Floating hells”
12. The Age of Enlightenment: 18th Century
- It is the period of recognizing human dignity. It is
the movement of reformation, the period of
introduction of certain reforms in the correctional
field by certain person.

SCHOOLS OF THOUGHT IN CRIMINOLOGY

CLASSICAL CRIMINOLOGY

- 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.
Principle – let the punishment fit the crime

FOUNDERS OF THE CLASSICAL CRIMINOLOGY

1) 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 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
“Hedonistic calculus/felicity” involves weighing of
pleasure versus pain.

NEOCLASSICAL CRIMINOLOGY

- This theory modified the doctrine of free will by

stating that free will of men may be affected by

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 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.
Principle – let the children and lunatic criminals be
exempted from punishment

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, firsthand
observations, and measurement of conditions and
events – to test hypotheses.
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.

HOLY THREE OF MODERN CRIMINOLOGY

CESARE LOMBROSO, ENRICO FERRI and RAFAELLE GAROFALO

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

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 - 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
- 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:
1) born criminals – individuals with at least five
(5) atavistic stigmata
2) insane criminals – those who are not criminals by
birth; they become criminals as a result of some
changes in their brains which interfere with their
ability to distinguish between right and wrong
3) criminaloids - those with make up of an ambiguous
group that includes habitual criminals, criminals
by passion and other diverse types
2) 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
3. ENRICO FERRI
- He stated that “ crime must be studied in the offender and
said that a person is legally or socially responsible for
his actions
- he argued that criminals should not be held morally
responsible because they did not choose to commit crimes
rather, were driven to commit crimes due to economic, social
and political factors (moral responsibility)
Notion of positivist school – let the punishment fit the
criminal

THEORITICAL APPOACHES OF CRIME

1. SUBJECTIVE APPROACH
A. Biological – according to Taft,heredity is one
major factor
B. Anthropological – study of physical features

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 C. Medical- the science of medicine explains the
mental and physical conditions of the person and
after the commission of the crime
D. Physiological – hierarchy of needs (Maslow)- that
the deprivation of the primary needs of a person
is a strong factor in the commission of crime
E. Psychological – the deprivation of the
psychological needs of man contributed in the
development of the deviations to normal behavior
resulting to repulsive sentiment and action.
F. Psychiatric – this explains that the mental
disease of the person is the reason why he
infringed the existing norms and laws of the land
G. Psychoanalytical – imbalance of the id, ego, super
ego
2. objective Approach
it focuses on the study of group of individuals,
social processes, and institutions as influences to
and determiners of behavior
a. Geographic –
b. Socio-cultural
c. Ecological
d. Economic
3. contemporary Approach
- it is the combination of the different approaches to
explain reasons or causes for the commission of
crimes, which focuses on the psychoanalytical,
psychiatric and sociological theories.
3 types of explanation to the existence of criminal behavior
1. single/unitary theory – crimes caused by only one
factor. It maybe biological, sociological or
psychological. But this theory is no longer used at
present
2. multiple factor theory – crime is produced by two or
more factors
3. eclectic theory – crime resulted by one or more
factor while in other instance, it is caused by
another set of factors.

OTHER THEORY OF CRIME CAUSATION

A) BIOLOGICAL THEORY OF CRIME

This explanation for the existence of criminal traits

associates an individual’s evil disposition to physical
disfigurement or impairment.
1. Physiognomy

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 *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
2. Phrenology
*FRANZ JOSEPH GALL (1758-1828)
- born in Germany, a renowned neuroanatomist 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

*JOHANN KASPAR SPURZHEIM (1776-1832)

- German phrenologist who was the assistant of Gall
- He characterized his primary goal to develop a
functional anatomy and physiology of the brain as
a revised psychology of personality as
“organology”

3.Somatotyping Theory
- 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.

*ERNST KRETSCHMER
- he correlated body build and constitution with
characters or temperamental reactions and mentality
- he distinguished three (3) principal types of
physiques:
a) asthenic – lean, slightly built, narrow shoulders;
their crimes are petty thievery and fraud

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 b) athletic – medium to tall, strong, muscular,
coarse bones; they are usually connected with
crimes of violence
c) pyknic – medium height, rounded figures, massive
neck, broad face; they tend to commit deception,
fraud and violence

*WILLIAM SHELDON JR
- formulated his own group of somatotype:

TYPE OF PHYSIQUE TEMPERAMENT

a) endomorphic - relatively large viscerotonic – generally

digestive viscera; round body; relax and comfortable
short, tapering limbs; small person, loves luxury and
bones; smooth, velvety skin essentially extrovert

b) mesomorphic – with relative romotonic – active,

predominance of muscles, bones dynamic; walks, talks
and motor organs of the body and gestures assertively
with large wrist and hands and behaves aggressively

c) ectomorphic – relative pre- cerebrotonic – introvert

dominance of skin and its
appendages which includes
the nervous system; it has
fragile and delicate bones;
with droopy shoulders, small
face and sharp nose, fine hair
and with relatively small body
prone to allergies, skin
troubles, chronic
fatigue, insomnia, sen-
sitive skin and sensi-
tive to noise

*EARNEST A. HOOTON
- He examined the relationship between personality and
physical type with regards to criminal behavior
a. Tall-slender men – predisposed for murder and
robbery
b. Tall-medium heavy men – for forgery while tall
heavy for first-degree murder
c. Medium height-heavy – anti-social behavior
d. Short-slender – burglary and larceny
e. Short-medium heavy – arson
f. Short-heavy men – sex offenses.
4. Family/ Heredity
*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

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- 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 and found
that among the descendants from MARTIN KALLIKAK’s
relationship with a feeble-minded 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
5. Biosocial Theory – viewed that both thought and behavior
have biological and social bases
- 3 distinct areas of study biochemical factors,
neurological dysfunction and genetic influences.

6. Evolutionary Theory – explains the existence of

aggression and violent behavior as positive adaptive
behaviors in human evolution; these traits allowed their
bearers to reproduce disproportionately which has had an
effect on the human gene pool.

7. Arousal Theory – the main assumption is that

environmental factors influence the brain’s level of
arousal.

8. Life Course theory- otherwise known as developmental

theory suggests that criminal behavior is a dynamic process,
influenced by individual characteristics as well as social
experiences, and that the factors that cause anti-social
behaviors change dramatically over a person’s life span.

9. Latent trait theory – states that certain people have a

personal characteristic that is responsible for their need
to commit crime.

B. PSYCHOLOGICAL DETERMINISM

1) 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

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 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:

a) ID – this 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

b) 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

c) 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

- this position holds that criminals are driven by

unconscious thought patterns, developed in early
childhood, that control behaviors over the life course
- some people encounter problems during their early
development that cause an imbalance in their
personality
- crime is a manifestation of feelings of oppression and
people’s inability to develop the proper psychological
defenses to keep these feelings under control

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2. Social learning theory – people learn the techniques and
attitudes of crime from close relationships with the
criminal peers.
3. Social control theory – everyone has the potential to
become a criminal, but most people are controlled by their
bonds to society. Crime occurs when the forces that bind
people to society are weakened or broken
4. Moral development theory – Lawrence A. Kohlberg; suggests
that people who obey the law simply to avoid punishment or
who have outlooks mainly characterized by self-interest are
more likely to commit crimes than those who view the law as
something that benefits all of society and who honor the
rights of others.

5. Differential Association theory – Edwin Sutherland (Dean

of Modern Criminology), proposes that through interaction
with others, individuals learn the values, attitudes and
motives for criminal behavior.

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.

GABRIEL TARDE
- introduced the Theory of Imitation, which governs the
process by which people become criminals
- 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:
a) Pattern 1: individuals imitate others in
proportion to the intensity and frequency of their
contact
b) Pattern 2: inferiors imitate superiors
c) 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,

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 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

Other theory for crime

1. neutralization theory
- Gresham Sykes argued that a person will follow or break
law depending upon whether he will be benefited or not.
2. Instrumentalist theory
- Earl Richard Quinney claimed that the higher classes
are using existence of the state to exploit the lower
classes by making rules for their own protection,
benefit and interest.
3. Differential opportunity theory
- Lloyd Ohlin explained that there are different
opportunity for the lower and upper class of society to
gain success.
4. Strain theory
- Robert King Merton- he asserted that a man who failed
to attain a higher status of life will induce him to
violate laws in order for that condition or purpose to
be accomplished
5. Sub-culture theory
Albert Cohen stated that the lower class cannot
socialize effectively to the middle and higher classes
because the latter would not like to welcome the
behavior of the former.

6. SOCIAL DISORGANIZATION THEORY

- 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
- also called differential social organization

7. CULTURAL DEVIANCE THEORY

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- combines the elements of both strain and
disorganization theories
- theorizes that in order 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

8. 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:
i. criminal behavior is learned;
ii. criminal behavior is learned in interaction
with other persons in a process of
communication;
iii. the principal part of learning of criminal
behavior occurs within an intimate personal
group;
iv. when criminal behavior is learned, the
learning includes techniques in committing
the crimes which are sometimes very simple,
the specific direction of motives, drives,
rationalization and attitudes;
v. the process of learning criminal behavior by
association with criminal and anti-criminal
patterns involves all of the mechanisms that
are involved in any other learning

9. 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
10. SOCIAL REACTION THEORY
- also called LABELING THEORY
- holds that people enter into 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

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 - assumes that whether “good” or “bad”, people are
controlled by the reactions of others
TYPE OF MENTAL DISTURBANCES AS CAUSES OF CRIME

1. MENTAL DEFICIENCY – which is a state of arrested or

incomplete development of the mind existing before
the age of 18, whether arising from inherent origin
or induced by disease or injury
CLASSES OF MENTAL DEFICIENCY
- IDIOTS –mentality which may be compared to that of a 2
year old child.
- IMBECILES – Persons whose state of mind is similar to a
child 2-7 years of age,
- FEEBLE-MINDED persons – are person whose state of mind
manifest cases where there exists mental defectiveness which
though not amounting to imbecility

2. SCHIZOPHRENIA – sometimes referred to as dementia

praecox which is a form of obsession characterized by
thinking disturbance and regression to a more
relatively an impaired and intellectual function is
well preserved.
3. COMPULSIVE NEUROSIS – refers to state of mind where
there is the uncontrollable or irresistible impulse
to do something
a. pyromania – desire to set things on fire
b. homicidal compulsion – irresistible urge to kill
somebody
c. kleptomania- irrational craving to steal
d. dipsomania – habitual and compulsive desire to
drink alcoholic beverages.
4. psychopathic personality – characterized by infantile
level of response lack of conscience, feeling of
affection from others and aggression to environment
and other people
5. epilepsy – is an illness and condition characterized
by compulsive seizures and tendency to mental
deterioration.
Types of epilepsy
a. Grand Mal – complete loss of consciousness and general
contraction of the muscles
b. Petit Mal – evident by mild or complete loss of
consciousness and contraction of muscles.
c. Jackonism type – localized contraction of muscles with
or without loss of consciousness.
6. Alcoholism – it is a condition wherein a person is
under the influence of intoxicating liquor. His

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 physical state and conduct has been adapted to a
certain extent by the effects of alcohol.
7. PARANOIA - gradual impairment of the intellect,
characterized by delusions or hallucination

DELUSION – false belief

HALLUCINATION – false perception

DELUSIONS OF GRANDEUR – a false belief that you

are greater than everybody else

DELUSIONS OF PERSECUTION – a false belief that

other people are conspiring to kill, harm or
embarrass you

DELUSIONS OF REFERENCE – a false belief that

everybody is always talking about you

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

SEXUAL BEHAVIOR LEADING TO SEX CRIME

a. Choice of partner
1. Bestiality – it is a morbid propensity to have a
sexual intercourse with animal such as dog, cat,
goat, horse and carabao
2. Incest – it is a sexual relationship between people
who cannot legally marry by reason of blood
affiliation
3. Gerontophilia – it refers to an erotic desire with
elder person
4. Pedophilia – it is a compulsive sexual desire with a
child

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 5. Auto sexual – this is commonly known as
masturbation/self-gratification or self-abuse
6. Necrophilia – it is a sexual perversion with a
corpse or dead body
b. Mode of expression
1. Algolagnia – sexual gratification is attained
through pain or cruelty
a. Sadism – sexual pleasure is achieved through the
infliction of pain on the sexual partner
b. Masochism – is obtain through the infliction of
pain to oneself.
2. Oralism – satisfaction is obtain by the use of mouth
or tongue.
a. Fellatio – licking or sucking of the male sex
organ which initiates orgasm
b. Anillingus – licking of the anus; also called
Anilism
c. Cunnilingus – licking the female genitalia

c.number of participants
1. pluralism – called sexual festival
2. triolism

d. part of the body

1. Frottage – it refers to the rubbing of sex organ to
the body parts of the partner
2. Partialism – sexual libido on any part of the body
of a partner
3. Uranism – sexual happiness is attained through
licking of partner’s body
4. sodomy – it is sexual act characterized by insertion
or penetration of the penis or any object to the anus of the
sexual partner.

e.Sexual Reversal
1. fetishism – looking at some body parts, underwear or
any objects associated with the partner
2. homosexuality – same sex
3. transvetism – obtained by wearing the apparel of the
opposite sex

f.other sexual abnormalities

1. exhibitionism – it is the indecent exposure of sex organs
to other
2. coprolalia – sexual happiness and excitement is attained
by using obscene language, while having sexual intercourse.

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