Documente Academic
Documente Profesional
Documente Cultură
II: BODY
THEORIES AND CAUSATION OF CRIME
CAUSES OF CRIMES
Causes of crime may be environmental, hereditary or psychological.
Environmental causes are ruled out as independent causes of crimes. But
psychological conditions are said to be determinant of an individual’s reaction to
persuasive environmental influence. Criminologist says that certain offenders are
born to create crimes in the environment. Other cause may be the poverty. Due to
low condition of their living, they are enforced to commit crimes. Discrimination
BY: MPC, RC, MSCRIM 1
against minorities may become the cause of crimes. Emotional disorders are also
cause of crimes.
CRIME PREVENTION
Ultimate aim of crime prevention is to reduce the risk of victims. Here we
find the ways to prevent crimes. Do not provide the opportunity to the thief to take
advantages of your property. Fewer opportunities may become the cause of
reduction in the crime rates. States should enhance the way of living of poor of
that country. Poverty alleviation programs on sound basis can reduce the crime
rates. Law and enforcement agencies are key role player in prevention of crimes.
Delay in justice must be avoided.
ISSUES IN CRIMINOLOGY
Several issues arise which are serious causes to put the crimes rate not
reducing. These issues vary from the level of crime. Due to difference in the legal
and criminal justice system the crime rate is not reducing. Contrast in the police
reporting and actual crime report is another issue. Proper prosecution is not
observed when a crime is committed. Due to differences in data quality a crime
rate cannot be feasible work to reduce the rate of crime.
DEFINITION OF THEORY
WHAT IS A “THEORY?”
A theory is a set of logically interconnected propositions explaining how
phenomena are related and from which a number of hypotheses can be derived
and tested. Theories should provide coherent explanations of the phenomena they
address, they should correspond with the RELEVANT EMPIRICAL FACTS, and
they should provide practical guidance for researchers looking for further facts.
This guidance takes the form of a series of statements that can be logically
deduced from the assertions of the theory. We called these STATEMENTS
HYPOTHESES, which are statements about relationships between and among
factors we expect to find based on the logic of our theories. HYPOTHESES AND
THEORIES support one another in the sense that theories provided the raw
material (the ideas) for generating hypotheses, and hypotheses support or fail to
support theories by exposing them to empirical testing. Theories are devised to
explain how a number of different correlates may actually be causally related to
crime and criminality rather than simply associated with them. We emphasize that
when we talk of causes we do not mean that when X is present Y will occur in a
completely prescribed way. We mean that when X is present Y has a certain
probability of occurring, and perhaps only then if X is present along with factors A,
B, and C. In many ways, crime is like illness because there may be as many routes
to becoming criminal as there are to becoming ill. In other words, criminologists
have never uncovered a necessary cause (a factor that must be present for
criminal behavior to occur and in the absence of which criminal behavior has never
occurred) or a sufficient cause (a factor that is able to produce criminal behavior
1. THEORETICAL SCIENCE
Theoretical accounts within a scientific model are intellectual structures
designed to help explain things within given domains of interest (for more detailed
descriptions of theoretical science see Reynolds, 1971; Tittle, 1995; Turner, 2003:
Chapter 1). That is, scientific theories, and explanations try to provide answers to
questions of “why” and “how” that are deemed satisfactory by critical audiences
made up of s scientists who expect such a theory to provide intellectual
satisfaction as well as the means for predicting aspects of the phenomena of
interest.
2. PROBLEM SOLVING
A substantial number of criminologists, perhaps even a majority (though
theoretical science seems to be the dominant approach, there are no hard data to
establish that judgment), aim their work toward finding solutions to crime or crime‐
related p roblems (for examples, see any issue of journal Criminology and Public
Policy, or Kleiman, 2009). Such problems range all the way from international
threats of terrorism to very focused concerns with how best to prevent littering on
public streets in particular towns or cities, and may even involve efforts to assess
all manner of collateral damage for crime‐linked activities. Problem‐solving
criminology includes ad hoc explanatory efforts as well as evaluations of existing
programs designed to achieve specific purposes.
3. VERSTEHEN” ANALYSIS
This approach to criminology features efforts to “understand” the actions
and thoughts of participants. (Verstehen is the German word for “to understand”;
its use as the name for this process became popularized in sociology and
BY: MPC, RC, MSCRIM 4
criminology by the writings of Max Weber.) The verstehen researcher usually tries
to put himself psychically in the positions of the research subjects in order to see
and interpret the world as the subjects see it and interpret it. This emphatic
process is often assisted by careful ethnographic research and sometimes it is
aided by comparative analyses designed to isolate differences between subjects
exhibiting different outcomes or exposures. In recent times there has been a
strong emphasis in criminology on exploring the active part that individuals play in
their crime‐relevant behavior or in escaping from criminal pasts (sometimes called
human agency), and the verstehen approach is especially useful in pursuing that
theme (see for example: Giordano, Cernkovich, & Rudolph, 2002; Maruna, 2001).
4. DESCRIPTIVE APPROACHES
A fourth style of work in contemporary criminology attempts to describe crime
relevant phenomena, situations, and relationships among variables, or to offer
conceptual distinctions with which to classify, think about, or analyze crime
relevant aspects of social life. The objective is to identify the relevant variables
empirically, and show how they actually mesh together in various circumstances.
Once accurate description has been achieved, many descriptive criminologists are
ready to move on to other research issues. In other words, the bulk of descriptive
work is a theoretical – neither inspired by nor answerable to theory (see, for
example: Farrington, 1997; Loeber, Slot, & Stouthamer‐Loeber, 2006).
5. CRITICAL WORK
A substantial number of criminologists define their work roughly as spelling
out social conditions that they believe are responsible for human suffering,
injustice, or inequality, which, in turn, are thought by many to be linked with
criminal behavior and crime‐relevant phenomena (cf. Bonger, 1916 (1969); Daly &
Chesney‐Lind, 1988; Gove, 1980; Quinney, 1970, 1974). Within this camp, any
argument that l ogically or meaningfully connects a social situation or condition
with a negative outcome that is assumed to be associated with crime or crime‐
relevant outcomes is called “theory.” Often the identified culprits are capitalism,
mal‐distribution of economic resources, patriarchy, racism, or other large structural
arrangements. Scholars working in this vein share with theoretical science the
goals of showing why and how the particular problem‐generators operate.
However, critical work differs from theoretical science in several crucial ways.
6. NIHILISTIC THINKING
A relatively small, yet vocal, segment of criminologists embrace the notion that it
is impossible to build theories or explanations, and they are highly critical of
science as a model for crime studies (cf. Arrigo, 2003; Einstadter & Henry, 1995;
Taylor, Walton, & Young, 1973). Such scholars essentially contend that nothing can
be known except that nothing can be known. For them, theory is simply the
collection of arguments, many of which are based on obvious biases evident in
mainstream criminology, purportedly showing that humans are incapable of
general understanding of human behavior or social structure and are utterly
unable to study social life objectively. So, the idea of theory as a set of explanatory
principles setting out the causes of things relevant to crime is far‐fetched. To the
nihilist, one can only d document human attempts to understand each other or
situations through n narratives, or stories, shared and reacted to by members of
local communities.
7. AMELIORATION
A final style of criminology bears much in common with critical work in that it
attempts to identify sources of human suffering or injustice, but it goes a step
further and offers a prescription for overcoming those forces (cf. Pepinsky &
Quinney, 1991). Theory for such criminologists, then, consists of the arguments
specifying or asserting particular forces leading to human distress, which are
thought to be connected with the probability of criminal behavior or the
construction of legal rules artificially constraining various segments of the
population, along with the remedies to be f followed in overcoming those forces.
Such scholars often reject legal notions of crime, redefining it in terms of behaviors
or social structures producing suffering or injustice. Such theory differs from that
BY: MPC, RC, MSCRIM 5
central to theoretical science in that it is not subject to test except through
practical application and its aim is action not explanation.
6. POLICY IMPLICATION
A. All crime theories attempt to identify the “causes” of crime.
A. Can the causes be reversed?
B. Does the theory translate into practice?
C. Example: Marxist theory of crime
ANATOMY OF CRIME
B. HABITUAL CRIMES – Offenses that are either habits in the literal sense of the
word, which have been made illegal or these are crimes in the common
acceptance of the term, REPEATEDLY BUT NOT SKILLFULLY PERFORMED.
FOR EXAMPLE:
-Those that are committed by disorderly drunkards; drug addicts, vagrants,
petty thieves, dope peddlers, and prostitutes.
DEFINITION OF TERMS
1. CAUSALITY - A concept more applicable to the hard sciences. Does the
appearance of X cause effect Y? In a perfect relationship, the appearance of X
would always cause the effect Y. each and every time the relationship is seen.
2. EMPIRICAL VALIDITY - This is the most important factor in evaluating a
theory, and means that the theory has been supported by research evidence.
3. IDEOLOGY - A belief system and a set of core values or philosophy. In a pure
sense, an ideology states or explains how things should be, and a theory explains
how things actually are.
4. INTERNAL LOGICAL CONSISTENCY - A theory needs to be presented in a
logical manner and to have clearly stated propositions that agree with or do not
BY: MPC, RC, MSCRIM 10
contradict one another. Restated, does the theory make logical and consistent
sense?
5. MACRO - Macro theories of criminal behavior explain the “big picture” of crime
—crime across the world or across a society. They attempt to answer why there
are variations in group rates of crime. Other authors have used the terms
“epidemiology” or social structural theories.
6. MICRO - Micro theories of criminal behavior focus on a small group of offenders
or on an individual crime. They attempt to answer why some individuals are more
likely than others to commit crime. Other authors have used the terms “individual
conduct” or processual theories.
7. NECESSARY CONDITION - This means that X must be present to produce
effect Y. If X is not present, Y will not occur.
8. PARSIMONY - This refers to how many propositions, steps, or statements are
involved. How simple is the theory?
9. POLICY IMPLICATIONS - If the theory is empirically valid, what solutions are
suggested.
10. PROBABILISTIC CAUSALITY -A concept more applicable to the social
sciences. X is more or less likely to cause effect Y. Restated, X tends to cause Y.
11. SCOPE -Refers to how much or how many types of crime or deviance the
theory covers.
12. SOFT DETERMINISM - The view that human behavior is not wholly caused,
determined, or predictable by any set of biological, psychological, or sociological
forces but that these interact with exercise of choice and will by individuals.
Therefore, explaining or predicting human behavior is difficult.
13. SUFFICIENT CONDITION. Each time X is present, effect Y will always occur.
14. TAUTOLOGY - Circular reasoning. If a theory states that greed causes people
to commit crime, and then says we know Jon is greedy because he committed a
crime, it becomes impossible to subject the theory to the scientific process. In this
case, you would find that greed has been defined as someone who commits
criminal acts. The circle of the reasoning never stops.
15. TESTABILITY - To be valid and ultimately useful, a theory must be able to be
subjected to scientific research. Theories may be untestable if they are
tautological, propose causes that are not measurable, or are so open-ended that
empirical findings can always be re-interpreted to support the theory.
16. THEORY - In simple terms, theory is an explanation of something.
17. THEORIES OF CRIMINAL AND DEVIANT BEHAVIOR - Theories in this
category attempt to explain why an individual commits criminal or delinquent acts.
18. THEORIES OF LAW AND CRIMINAL JUSTICE - Theories in this category
attempt to explain how laws are made, and how the criminal justice system
operates as a whole.
19. USEFULNESS - This refers to the real world applications that the theory
proposes or suggests, and the ability to implement those applications.
20. THEORY - Is the imaginative contemplation of reality, direct intellectual
apprehension, insight or body of generalizations and principles developed in
association with the practice in a certain field of activity.
1. BIOLOGICAL THEORIES
Biological theories focus on aspects of the physical body, such as inherited
genes, evolutionary factors, brain structures, or the role of hormones in influencing
behavior. Biological theories about the causes of crime on the idea that the
physical body, through inherited genes, evolutionary factors, brain structures, or
the role of hormones, has influence on an individual’s involvement in criminal
behavior.
3. PSYCHOLOGICAL THEORIES
Psychological theories focus on human cognition and its development, and
how this relates to criminal behavior. Psychology presents a number of
perspectives on the causes of crime. Of particular importance are theories
exploring the relationship between crime and individual personality, social factors,
cognition and developmental factors. These psychological theories have different
degrees of focus on individual, family, group and societal psychology.
Psychological literature shows that a key variable identified in the
development of individual characteristics, and any criminal propensities, is the role
played by parents, in terms of factors such as child-rearing practices, attachment,
neglected, abuse, supervision, and the parents own anti-social or criminal
behavior.
4. SOCIOLOGICAL THEORIES
Sociological theories focus on the influence of the organization of society and
social conditions. Sociology encompasses a very wide range of theoretical
perspective, but generally regards crime as a social phenomenon, and emphasizes
the cultural and social elements of criminal behavior. Some sociological theories
emphasize the relationship between social structures, such as language, ethnicity
and class, and criminal behavior. Other theories emphasize the effect of social
BY: MPC, RC, MSCRIM 12
conditions on an individual’s propensity to become involved in crime. Theories of
this type often focus on the relationship between crime and factors such as social
inequality; the influence of peers; social disorganization in a community; the
consequences for an individual of being unable to achieve social success; and the
role of criminal sub-cultures, including gangs. Sociological theories are often
criticized for not being able to provide strong evidence for the causal relationships
they posit. Nevertheless, they are important because they complement the more
individually focused biological and psychological theories.
5. GEOGRAPHIC THEORIES
Geographic theories focus on the location of crime and how physical
environments promote or discourage criminal behavior. Geographical theories of
crime focus on analyzing data about the geographic distribution of crime,
modifying the physical environment to reduce the likelihood of crime and targeting
initiatives to geographic areas with high rates of offending. Using data about the
geographic distribution of crime, it is possible to find patterns that can be used to
inform crime prevention projects. Geographic theories of crime prevention that
focus on the physical environment tend to focus on such things as how urban
planning, building design and the design of public spaces affect crime, and also on
how physical environments can be modified to make businesses and residences
more resistant to crime (sometimes called “situational crime prevention”).
6. ECONOMIC THEORIES
Economic theories focus on how offending is influenced by incentives. The
economic theory is based on the notion that individuals respond rationally to the
costs and benefits of criminal opportunities. Thus, factors that increase the
expected costs of crime (such as increasing the likelihood of apprehension or
severity of punishment) or reduce the expected benefits (such as improved
educational or job opportunities) can reduce the incidence of crime. The economic
framework can also encompass other theories of crime that provide a richer
understanding of rationality and decision-making (such as the biological basis of
impulsivity), the costs of crime (such the social capital in anti-social peer networks)
and the benefits of crime (such as local economic conditions).
III: THE THEORIES COVERED CAN BE CATEGORIZED INTO TWO (2) MAIN
APPROACHES:
1) Biological theories
2) SOCIOLOGICAL THEORIES
Sociological approaches suggest that crime is shaped by factors external to the
individual: their experiences within the neighborhood, the peer group, and the
family.
ANOMIE/STRAIN THEORY
Anomie is a concept developed by one of the founding fathers of sociology,
EMILE DURKHEIM, to explain the breakdown of social norms that often
accompanies rapid social change. AMERICAN SOCIOLOGIST ROBERT MERTON
(1957) drew on this idea to explain criminality and deviance in the USA. His theory
argues that crime occurs when there is a gap between the cultural goals of a
society (e.g. material wealth, status) and the structural means to achieve these
(e.g. education, employment). This strain between means and goals results in
BY: MPC, RC, MSCRIM 14
frustration and resentment, and encourages some people to use illegitimate or
illegal means to secure success. In short, strain theory posits that the cultural
values and social structures of society put pressure on individual citizens to
commit crime.
JOCK YOUNG DRAWS ON MERTON’S ANOMIE/STRAIN THEORY IN HIS
RECENT BOOK, THE EXCLUSIVE SOCIETY (1999) - was locating crime in
relation to both structural and cultural processes. Structurally speaking, Young
argues that the dismantling of the welfare state, alongside increasing disparities
between the rich and the poor, have served to further exclude disadvantaged
groups. This has occurred alongside high levels of cultural inclusion. Contemporary
consumer capitalism places greater emphasis on conspicuous consumption and
material success, intensifying feelings of deprivation experienced by the less
successful.
SUBCULTURAL THEORY
Linked to anomie and strain are concepts of status frustration and
differential opportunity, which North American subcultural theorists used to explain
the delinquent activities of disadvantaged groups in the 1950s and 60s.
STATUS FRUSTRATION - Is associated with the work of Albert Cohen (1955), who
conducted research into group offending by young, lower-class men. Cohen argued
that lower-class youths could not aspire to middle-class cultural goals and so,
frustrated, they rejected them to create their own subcultural system of values. In
school, for example, they gain status and respect by meeting the expectations of
peers not teachers, engaging in delinquent activities such as smoking, truanting,
and acting up in class.
RICHARD CLOWARD AND LLOYD OHLIN (1960) - Built on these ideas, pointing
to the differential opportunity structures available to lower-class young people in
different neighborhoods: criminal (making a living from crime), conflict (territorial
violence and gang fighting) and retreatist (drugs and alcohol).
LEFT REALISTS ALSO SUPPORT TWO (2) OTHER KEY THEORIES TO EXPLAIN
CRIME:
1. MARGINALIZATION - Some groups experience marginalization and at different levels
(social, political and economic). These groups are on the periphery of society. Lacking
political representation, these groups represent themselves and their ways of taking
political action include the commission of crime and violence.
2. SUB-CULTURES: Marginalized individuals and groups may come into contact with
others who share these experiences, and who then may form their own sub cultures in
which crime and violence may feature.
FEMINIST PERSPECTIVES/GENDER
Feminist perspectives share a concern with gender inequality, pointing to the
fact that crime is disproportionately committed by men. Feminist criminologists
such as ELIZABETH STANKO (1985) have paid particular attention to male
violence against women, explaining its occurrence by reference to wider structures
of oppression – as well as gendered norms regarding ‘appropriate’ masculine and
feminine behavior.
One concept used by feminist perspectives to explain the maleness of crime
is hegemonic masculinity: the set of ideas, values, representations and practices
associated with ‘being male’ which is commonly accepted as the dominant position
in gender relations in a society at a particular historical moment (JEFFERSON,
2006, SAGE DICTIONARY OF CRIMINOLOGY). In contemporary Western
society, the dominant or hegemonic masculinity is expressed through paid
employment (perhaps being the ‘bread winner’ in the household); being
heterosexual; and subordinating women. Criminologist JAMES W.
MESSERSCHMIDT (1993) argues that for some men, in certain groups, men do
masculinity (that is, express their masculinity) through the engagement and
commission of crime.
5. FREE WILL - The belief that humans are rational, and have the ability to make
decisions according to each individual’s own will and purposes. Under this
perspective, people can understand the difference between right and wrong, and
can choose to commit criminal acts or to follow the law.
6. PROPORTIONALITY - Punishment should fit the crime without regard to
individual differences.
9. SCARED STRAIGHT - This program began in the 1970s with the belief that
taking young offenders or potential offenders to a prison environment, and
exposing them to the realities of prison life, could prove beneficial in reducing
delinquency. Like boot camps, however, Scared Straight did not produce the
expected results.
1. ELECTRA COMPLEX - This occurs at the beginning of the phallic stage (around
ages 3 to 6) in which a girl develops a desire to possess her father and a hatred
and fear of her mother.
2. FREUDIAN - This view of behavior focuses on early childhood development. It
claims that criminal activity is the result of a conflict between the id, ego, and
superego, which can be traced back to a conflict in early childhood.
3. OEDIPUS COMPLEX - This occurs at the beginning of the phallic stage (around
ages 3 to 6) in which a boy develops a desire to possess his mother and a hatred
and fear of his father.
4. PERSONALITY THEORY - This theory believes that criminal activity is the
result of a defective, deviant, or inadequate personality. Examples of deviant
personality traits include hostility, impulsiveness, aggression, and sensation-
seeking.
5. PSYCHOANALYTIC THEORY - A general perspective stating that the causes of
criminal behavior can be found in the mind of the individual.
6. PSYCHOLOGICAL COUNSELING - The process by which an underlying mental
issue can be addressed. The assumptions are that only by treating an individual
who has committed a criminal act as someone who is sick and in need of
treatment can the problem truly be addressed; punishing the criminal act without
addressing the root mental cause is of little or no value; and counseling is the only
way in which the root mental cause can be dealt with adequately.
7. PSYCHOLOGICAL THEORY - 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
only important in that it highlights an underlying mental issue.
PSYCHOPATHIC THEORY
PSYCHOPATHIC - A general term referring to a variety of antisocial personality
disorders.
B. BIOLOGICAL THEORIES
DEFINITION OF BIOLOGICAL THEORIES
1. ADOPTION STUDIES - Studies that have been done with children reared by
biological parents compared to their siblings or twins reared by adoptive parents in
an attempt to demonstrate a genetic link to criminal behavior. Results have been
mixed.
E. LABELING THEORY
BY: MPC, RC, MSCRIM 26
DEFINITION OF LABELING THEORIES TO THE EXPLANATION OF THE
CAUSATION OF CRIMINALITY
LABELING THEORY - The theory that the formal and informal application of
stigmatizing and deviant “labels” or tags applied to an individual by society will not
deter, but rather instigate future deviant or criminal acts.
6. CHICAGO AREA PROJECTS - This was the first large-scale urban delinquency
prevention program. Started by Shaw and McKay in the 1930s, it used their social
disorganization theory as a core. Cohen’s Anomie Strain. This version of anomie
theory examines juveniles.
G. CONFLICT THEORY
DEFINITION OF CONFLICT THEORIES TO THE EXPLANATION OF THE
CAUSATION OF CRIMINALITY
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 controls 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. This perspective explains both law and
criminal justice (why some acts are legally defined as criminal), as well as criminal
and deviant behavior (why some individuals commit acts defined as criminal).
1. CONSENSUS THEORY - In general, this theory states that laws are a result of,
and a reflection of, general agreement in society. Views of right and wrong, which
can be reflected through folkways and mores, influence the laws and rules which
govern a society.
2. FUNCTIONALIST THEORY - Similar to consensus theory, but this theory also
looks at how the law acts to resolve everyday disputes in society; and how it acts
to serve everyone, not just the powerful. The law also serves a symbolic function
and discourages deviant behavior.
3. INTEREST GROUPS - These groups form and act in such a manner so as to
influence the political system in ways that will provide the greatest benefits to
members of the group. They are also referred to as pressure groups.
4. LAW - Rules and regulations backed with the coercive power of the state.
Depending upon one’s view, law is either formed with the agreement of the
majority of society and designed to promote order, or formed by the powerful in
society to keep control of the masses. 5. PLURALISTIC CONFLICT - A type of
conflict perspective which emphasizes that instead of one centralized, all-powerful
group making the rules, there are several power groups, both formal and informal
and often with overlapping interests, which wrestle for control and power.
6. POLITICAL CRIMES - Crimes committed by radical groups to overthrow a
government or overturn a government action; or crimes committed by government
officials to control groups seen as a threat. Which side in any given conflict is
labeled radical, depends upon which side one supports and which side wins the
dispute.
7. RACIAL PROFILING - Actions taken by the police based solely on the race of
an individual.
8. SOCIAL CONTROL - A normative system with rules concerning the way people
should and should not behave. This is combined with a formal and informal
system to encourage and promote conformity, while at the same time discouraging
I. FEMINIST THEORIES
TERMINOLOGIES RELATED TO FEMINIST THEORIES
FEMINIST THEORY - This theory attempts to define criminology and
criminal justice based upon the experiences, understanding, and view of the world
as perceived by women. It tries to counter most theories of criminology that have
MASCULINITIES - A trait shared by all men, but one that changes and
evolves depending upon the race, economic status, and sexual orientation of any
particular man. Crime may be viewed as an attempt to claim, re-claim, or prove
the very qualities that make one a man.
MASCULINITY THESIS - The view that as women become more equal in
society with men, their crime rates will increase.
A. PSYCHOLOGICAL APPROACHES
There a many different psychological models of criminal behavior ranging
from early Freudian notions to later cognitive and social psychological models. I
cannot review them all here. Instead, I will list the several fundamental
assumptions of psychological theories of criminality (and human behavior in
general). THESE ARE:
1. The individual is the primary unit of analysis in psychological theories.
2. Personality is the major motivational element that drives behavior within
individuals.
3. Normality is generally defined by social consensus.
4. Crimes then would result from abnormal, dysfunctional, or inappropriate mental
processes within the personality of the individual.
5. Criminal behavior may be purposeful for the individual insofar as it addresses
certain felt needs.
6. Defective, or abnormal, mental processes may have a variety of causes, i.e., a
diseased mind, inappropriate learning or improper conditioning, the emulation of
inappropriate role models, and adjustment to inner conflicts. (Mischel, 1968.)
The last assumption of the psychological model would suggest that a variety
of different causes or reasons exist for criminal behavior and that general
principles targeted at the individual would be effective for crime control. However,
the model also assumes that there is a subset of a psychological criminal type,
defined currently as antisocial personality disorder in the DSM-IV and previously
defined as the sociopath or psychopath (APA, 2002). This type of criminal exhibits
deviant behavior early in life and is associated with self-centeredness, a lack of
empathy, and a tendency to see others as tools for their ends. Controls for these
individuals would be more extreme and general public policies may not be
stringent enough to curb the behavior in this small subset of criminals.
Given these six principles to establish psychological explanations of criminal
behavior, we can suggest first that traditional imprisonment, fines, and other court
sanctions are based on operant learning models of behavior for crime control.
Operant learning models are based on the utilitarian concepts that all people wish
to maximize pleasure and minimize pain or discomfort. Skinnerian based social
psychological theories of reinforcement and punishment are influential in this
model of criminal control although the idea of punishment for crime has a much
BY: MPC, RC, MSCRIM 37
longer history (Jeffery, 1990). Technically speaking, punishments are any sanctions
designed to decrease a specific behavior; thus, fines, jail sentences, etc., are all
forms of punishment. However, Skinner himself recognized that punishment was
generally ineffective in behavior modification and that reinforcement worked
better (e.g., Skinner, 1966).
A caveat should be applied here: Punishment is effective if applied properly,
but unfortunately it rarely is applied properly. Punishment needs to be immediate
(or as close to the time the offense as possible), inescapable, and sufficiently
unpleasant (in fact, the more it is subjectively perceived as harsh, the better).
Given the judicial system in the U.S., it would be hard to apply punishment to its
maximal effectiveness, thus it is not an effective deterrent, as reflected in the
stable homicide rates of states that carry the death penalty. Nonetheless,
punishments and sanctions for criminal behavior are based on behavioral
psychological principles.
Because harsh forms of punishment do not appear to significantly decrease
recidivism rates, other psychological principles have been applied. In terms of
cognitive behavioral psychological principles, rehabilitation and relearning,
retraining, or educational programs for offenders are forms of psychologically
based methods to control crime. These methods are based on the cognitive
behavioral methods of teaching an alternative functional response in place of a
formally dysfunctional one as opposed to simple punishment. These programs can
take place in prisons or outside of the prison and have long been demonstrated to
be successful (e.g., Mathias, 1995). So any form of retraining, reeducation, or
reentry guidance is based on psychological principles of criminality and reform.
However, rehabilitation programs are often rarely implemented in jail or prison.
Many of these programs appear to be especially beneficial for drug and alcohol
offenders. Likewise, any form education such as the DARE program and recent
efforts to curb bullying in schools are based on these methods. In line with this,
changing the environment of the offender such as providing more opportunities
would be a psychological behavioral principle designed to cut crime.
In line with other psychological methods are policies aimed at maintaining a
visible presence of law enforcement and methods to maintain self-awareness in
tempting situations. Such methods are preventative. For instance, it has been a
well-known social psychological principle that situations that diminish self-
consciousness and self-awareness lead individuals to being less restrained, less
self-regulated, and more likely to act without considering the consequences of
their actions (e.g., Diener, 1979). The simple act of placing mirrors in stores can
increase self-awareness and decrease shoplifting. Likewise, the presence of visible
law enforcement can cut down on crime. Making sanctions and the consequences
for crime well-publicized and available to the public is another psychological
method to control crime in this vein.
Various forms of criminal profiling are based heavily on psychological
principles and represent an effort to either apprehend existing criminals or to
identify persons at risk for certain behavior (Holmes & Holmes, 2008). More
recently there have been efforts to develop methods to identify individuals at risk
for certain forms of deviant behavior including criminal activities based on
personality and social variables. These psychological variables can be identified in
the school or at the home at an early age and include such disorders as learning
disabilities, ADHD, depression, and others. Since many individuals with these
problems often go on to demonstrate criminal behavior or have legal problems
later efforts to identify and treat these issues are forms of psychological crime
control policies (APA, 2002).
Thus, methods of crime control policies based on psychological principles
target the individual and attempt to reform or prevent criminal behavior from that
perspective. Any policies requiring therapeutic intervention, retraining, or
education are psychological in nature. Any policy designed at preventing crime by
targeting individuals such as raising consciousness, promoting self-awareness, or
identifying individuals at risk are also psychological. Likewise, psychologists have
long recognized that the best predictor of future behavior is the individual’s past
B. SOCIOLOGICAL APPROACHES
Sociological and psychological principles of criminality are intertwined and
technically not independent. As with psychological theories, there are numerous
sociological formulations of the cause and control of criminality. We will define
sociological notions of CRIMINALITY AS:
A. Attempting to connect the issues of the individual’s criminality with the broader
social structures and cultural values of society, familial, or peer group.
B. How the contradictions of all of these interacting groups contribute to
criminality.
C. The ways these structures cultures and contradictions have historically
developed.
D. The current processes of change that these groups are undergoing.
E. Criminality is viewed from the point of view of the social construction of
criminality and its social causes.
Traditional sociological theories proposed that crimes was a result of anomie,
a term meaning “normlessness” or a feeling of a lack of social norms, a lack of
being connected to society. The term was made popular by Émile Durkheim (1897)
who originally used the term to explain suicide. Later sociologists used the term to
describe the dissociation of the individual from the collective conscience or the
criminality resulting from a lack of opportunity to achieve aspirations or by the
learning of criminal values and behaviors. Therefore criminality results from the
failure to properly socialize individuals and by unequal opportunities between
groups. Durkheim believed that crime was an inescapable fact of society and
advocated maintaining crime within reasonable boundaries.
A feature of sociological theories is that society “constructs” criminality.
Thus, certain types of human activity are harmful and are judged so by society as
a whole. But it is also true that there are other behaviors recognized by society as
“criminal” that do not result in harm to others and are therefore criminalized
without sufficient ground, these are the so-called “victimless” crimes. These
include drug use, prostitution, etc. Therefore, according to this view (if carried to
its extreme), 100% of the members of a society are lawbreakers at some point.
One of the sociological policy methods of crime control would be to advocate for
decriminalization of these victimless crimes or at least a vast reduction in their
penalties (Schur, 1965).
An important sociological control would be to increase legitimate
opportunities for advancement and obtainment of goods and wealth in areas
where these do not exist. Sociological controls targeted at this goal could originate
in higher State and Federal levels of government as well as local levels of
government and would include programs designed to guarantee equal
opportunities to all individuals. Thus, social programs ranging from soup kitchens,
job training, educational funding, urban renewal projects and so forth would be in
line with sociological policies to control crime (Merton, 1968). Other related
sociological controls for crime would consist of organizing and empowering
neighborhood residents with projects like neighborhood crime watches, providing
law-abiding role models for children in schools and in other venues, providing
parental support for working parents, and establishing community centers in
downtrodden areas to allow people to learn and engage in positive activities.
Social programs aimed at socializing children properly and providing support for
single family homes are also examples of sociological methods to control crime.
There are a number of these programs including career academies (small learning
communities in low-income high schools, offering academic and career/technical
courses as well as workplace opportunities).
Finally, sociological policies to control crime would advocate stronger and
harsher penalties for serious crimes such as murder, rape, are more effective law
enforcement. Again, sociologists accept the realities that crime is a social
phenomenon that will not disappear no matter how many interventions are
enacted to control it. Sociologists note that of every 100 felonies committed within
the United States, only one is sent to prison. A vast number are unreported and of
BY: MPC, RC, MSCRIM 39
those that are reported only a small portion goes to trial. If a justice system is to
work properly it must be able to rely on its law enforcement system and judicial
system to bring to justice and prosecute serious offenders. The purposes of
imprisonment include punishment, rehabilitation, deterrence, and selective
confinement. All of these should be utilized where appropriate for the individual
(Hester & Eglin, 1992).
C. BIOLOGICAL APPROACHES
Biological theories of criminality basically purport that criminal behavior is
the result of some flaw in the biological makeup of the individual. THIS PHYSICAL
FLAW COULD BE DUE TO...
1. Heredity
2. Neurotransmitter dysfunction
3. Brain abnormalities that were caused by either of the above, improper
development, or trauma (Raine, 2002)
Biological theorists would also endorse stricter penalties and better law
enforcement techniques for crime control, but there are several methods of crime
control that are specific to the biological theories of criminality. I will discuss these
briefly here.
PSYCHOSURGERY - Brain surgery to control behavior has rarely been applied to
criminal behavior. Certainly much more common between the 1930’s to the late
1970’s there were over 40,000 frontal lobotomies performed. Lobotomies were
used to treat a wide range of problems from depression, to schizophrenia.
However, while widely discussed as a potential treatment for criminal behavior a
perusal of the literature could not find a court ordered case for a lobotomy as a
sentence for a convicted criminal Lobotomies were also used for people who were
considered an annoyance because the demonstrated behaviors characterized as
moody or they were children who were defiant with authority figures such as
teachers. The lobotomy involves separating the prefrontal cortex from the rest of
the brain either surgically or in the case of the transorbital lobotomy with a sharp
icepick like instrument that was inserted in the eye socket between the upper
eyelid and the eye. In this method the patient was not anesthetized, not even
children. The psychiatrists hit the end of the instrument with a hammer to
disconnect the nerves in the frontal lobe of the brain. Afterwards behaviors were
changed, but at a high price as you can imagine. Today the lobotomy has fallen
out of favor due medications used to control behavior, although some view the use
of medications as equivalent to a lobotomy (e.g., see Breggin, 2008).
Psychosurgery appears to be an option that will most likely not be put into use due
to the stigma associated with it.
CHEMICAL METHODS OF CONTROL - The use of pharmacological treatments to
try to control crime has been ongoing in two major areas: chemical castration for
sex offenders and pharmacological interventions for drug or alcohol addicts.
However, addicts can stop the medication and return to use. Sex offenders are
closely monitored and there is some evidence that this policy has been efficacious.
Sometimes mentally ill people in the criminal justice system been ordered to take
medications to treat their mental illness. Other pharmacological interventions to
control crime seem plausible and are being investigated, but do not appear to
have been widely used.
OTHERS - Deep brain stimulation is used for some disorders such as Parkinson’s
disease, but has yet been investigated for criminal behavior. Biological theorists
have advocated changes in diet to deal with criminality (Burton, 2002) and better
relations between parents. There is also the famous genetic XYY combination that
was once thought to be a marker for a criminal type, but as it turned out these
individuals were found to be less intelligent or more likely to have learning
difficulties as opposed to being criminal types. While there are many studies
indicating a connection between antisocial personality disorder or criminal
behavioral and heredity, there are no policies being implemented to advocate for
selective breeding, genetic testing etc. for criminals. I do not yet envision a policy
of genetic testing for criminals as the variables are not stable enough in order to
GOVERNMENT SUPPORT
A. Substitute home care
B. Creating Women Friendly Environments in Hospitals
A FEMINISTS APPROACH TO COUNSELLING
NON-GOVERNMENT ORGANIZATION
1. Provides support systems, including a service and referral centre, to help
survivors deal with their physical trauma (BCCF)
2. Provides a supportive and affirming environment (WCC)
3. Provides psycho-social support and referrals to female survivors of domestic and
intimate-relationship violence (and their children), and spreads awareness about
the realities and prevalence of domestic and intimate-relationship violence (save
our women)
A. RAPE CASES
CORE COMPONENTS OF VICTIM SERVICES/SOCIAL
RAPE CRISIS CENTER
1. Psychological counseling, medical and health services, including their medico-
legal examination
2. Secure free legal assistance or service
3. Assist in evidence gathering and in the investigation to hasten the arrest of
offenders and filing of cases in court
4. Ensure the privacy and safety of victims
5. Provide psychological counseling and medical services whenever necessary for
the family of victims
6. Adopt and implement programs that are survivor
7. Assist the government in raising public awareness
8. Develop a referral system
ACCESS TO SERVICES
1. Call your Local Police
2. Don’t be afraid to tell exactly the incident happened
3. Trust the agency whom you reported the incident.
4. Approach the right person or agencies to avoid further harm
B. PROSECUTOR
1. Conduct the inquest or preliminary investigation
2. Present during trial, the admission of evidence of the victim’s past sexual
conduct, opinion thereof, or reputation;
3. Ensure that the inquest of preliminary investigation and trial shall be conducted
in a language or dialect that is known or familiar to the victim;
4. Exert utmost efforts to prevent delay in the preliminary investigation and trial of
the rape case; and
5. Not to divulge to the public the name, address and any other information or
circumstances tending to establish the identity of the victim. Moreover, the public
D. CORRECTIONS
1. Restoring a good behavior on the offender to prevent him from re-victimizing
the offended party or other people around him.
E.. COMMUNITY
1. Concerned agencies especially members of the Rape crisis Center should be
responsible enough in helping the victim. The physician who is in charge of
medical treatment or examination of the victim should treat her with due care and
confidentiality. She should appear and testify in court as an expert witness on the
case.
2. DSWD should adhere on its role in ensuring social reintegration of rape
survivors in their family and community. Network with the five pillars of the justice
system to link the survivors to appropriate resources in response to identified
needs.
3. NGOs should help in advocating community-based programs supporting for
victims of rape and their families; as well as to the elimination of all forms of
violence against women and children.
PRO’S - ADVANTAGES
FOR YOURSELF:
- The Victim Impact Statement provides you with an opportunity to describe
how you have been affected by the crime. It can be a powerful “part of the healing
process” for the victim.
CON’s – DISADVANTAGES
1. The judge has the discretion to deny this request and to edit the statement if
there are concerns about its length or content.
CONCLUSION
We have a lot of Victim Assistance Center both in Government and Non-
Government Organization; however, victims failed to avail their services due to
lack of information about it and inaccessibility of their location. Criminal case may
prosper even without the appearance of victim in court and CJS often focused their
attention to the offenders prompting them not to give much attention to victims.
RECOMMENDATION
1. Police Officers who received the Victim’s complaint should always inform them
about the agencies that could assist them.
2. Victim Impact Statement may be effective in our CJS if we are going to adopt it
in criminal proceedings particularly for crimes of Domestic Violence.
RELATED LAWS:
PD. 765 - In August 1975 was enacted allowing the integration of Police, Jail and
Fire into Integrated National Police.
Republic Act 6975 known the DILG act of 1990, paved the way of the
establishment of PNP, BJMP, and BFP as separate entities.
REPUBLIC ACT NO. 9263 - ON MARCH 2004, amending certain provisions of
Republic act no. 6975(DILG) Act of 1990 was enacted to provide for the
professionalism and restructuring of the Bureau of fire Protection (BFP), upgrading
the level of qualification, making it a part of the PNP and AFP. The impending
attrition of some BFP uniform personnel for failure to comply with the upgrading
qualification standard was prevented with the passage of Republic act 9592 in
2009, an act extending for five (5) years the reglementary period for complying
with the minimum educational qualification and appropriate eligibility in the
Bureau of Fire Protection.
REPUBLIC ACT NO. 11200 – An act providing for the Rank classification in the
Philippine National Police (PNP), amending for the purpose section 28 of Republic
Act No. 6975, as amended, Otherwise known as the “Department of the Interior
and Local Government (DILG) Act of 1990”. Approved: February 08, 2019
SECTION 1. SECTION 28 OF REPUBLIC ACT NO. 697 - Otherwise known as the
“Department of the Interior and Local Government (DILG) Act of 1990”, is hereby
amended to read as FOLLOWS:
SECTION 28. RANK CLASSIFICATION – For purpose of clarity of command and
responsibility, and for the effective and efficient administration, supervision, and
control, the rank classification of the uniformed personnel of the PNP shall be AS
FOLLOWS:
**********************Glossary 01*****************************
**********************Glossary 02****************************
RECENT LAWS DURING DUTERTE ADMINISTRATION:
1. PROCLAMATION NO. 124 – January as “National Bible Month”
2. EXECUTIVE ORDER NO. 25 - Renamed Benham Rise to Philippine Rise.
3. EXECUTIVE ORDER NO. 26- Ordered a nationwide smoking BAN. Implemented
in July 23
4. REPUBLIC ACT NO. 10913 - Anti-Distracted Driving Act
5. REPUBLIC ACT NO. 10666 - or the "Children on Motorcycle Safety Act of
2015",
6. REPUBLIC ACT NO. 10931-Free tuition in state universities
7. R.A. 10932 NO - Enhanced Anti-Hospital Deposit Law
8. R.A 10928 - Extending Passport Validity to 10 years
9. R.A. 10929 - Establishing FREE INTERNET ACCESS in public places
10. R.A.10930- Extending Driver’s License Validity for Five Years
11. RA 8049 - Anti Hazing Law
12. REPUBLIC ACT NO. 10969- Or the Free Irrigation Service Act
13. RA 10742- SK REFORM
14. RA 10963 - Tax Reform for Acceleration and Inclusion Act (TRAIN) Law
IMPORTANT EVENTS:
1. JAPANESE ENCEPHALITIS - a mosquito-borne illness endemic to the
Philippines
BY: MPC, RC, MSCRIM 51
2. AVIAN INFLUENZA OUTBREAK- declared in Pampanga
3. PHILIPPINES RANKED 6TH IN THE 29TH SEA GAMES. (Malaysia: host
country) -24golds, 33 silvers, 64 bronze won by the Philippines in the
29thseagames
4. 6.4 BILLION Shipment of drugs from china, nakalusot Sa Customs under Sec.
Nicanor Faeldon
5. 2019- Philippines will host SEA Games
6. NOVEMBER 10–12 – The Philippines hosted the 31st ASEAN Summit Clark
Freeport Zone in Angeles, Pampanga.[32]
7. NOVEMBER 13–14 – The hosted the Twelfth East Asia Summit at the Clark
Freeport Zone in Angeles, Pampanga.[87]
8. DECEMBER 19- President Rodrigo Duterte signed the Tax Reform for
Acceleration and Inclusion Act (TRAIN) Act January 1, 2018 took effect- Tax Reform
for Acceleration and Inclusion Act (TRAIN)
is a legislation which made reforms on taxation in the Philippines.
9. ISNILON HAPILON of Abu Sayyaf and Omar Maute of Maute Group, leaders of
ISIL-linked militants fighting the government in the Battle of Marawi were
reportedly killed on October 16
10. OCTOBER 23 – the Battle of Marawi was declared officially over by the
military MARTIAL LAW- MAY 23- DEC. 31
11. JANUARY 22 – The Mayon Volcano’s alert status was raised to Alert Level 4
due to intensified volcanic activities.
12. The Office of the President has ordered a 90-day preventive suspension order
against Overall Deputy Ombudsman Melchor Arthur Carandang for alleged grave
misconduct and grave dishonesty for the unauthorized disclosures of the alleged
bank transactions of President Rodrigo Duterte and his family.
13. FEBRUARY 28 – President Rodrigo Duterte signed the Paris Agreement on
Climate Change
14. MAY 23, 2017 – Martial Law was declared on the islands of Mindanao –
15. DEC 31. 2017 – Expiration of validity of the martial law
16. JULY 2, 2017- Pacquiao’s Fight against Jeff Horn
17. JULY 24, 2017 – 2nd SONA of Duterte
18. AUGUST 8, 2017 - Association of Southeast Asian Nations (ASEAN)
Celebrates 50th Golden Anniversary Celebration in PICC.
19. SEPT 21- Proclamation No. 319 Duterte declared “National Day of Protest”
September- National Peace Consciousness Month
20. JANUARY 31- A total lunar eclipse coinciding with a super moon and blue
moon phenomenon was witnessed by many astronomers and sky watchers
throughout the country.
21. DengVaxia scandal vs Aquino and butch Abad
22. 29TH OF MARCH 1969. - 49th anniversary of New People’s Army. (NPA)
23. SEPT 21, 2017- National Day of Protest
24. FEBRUARY 12 -The Philippine Government has signed the administrative
order to completely ban the deployment of all workers to Kuwait.
25. MARCH 1 – President Rodrigo Duterte has signed Republic Act No. 10973 that
restored the power of select officials of the Philippine National Police (PNP) to issue
subpoenas on cases under investigation.
26. MARCH 14 – President Rodrigo Duterte has announced that the Philippines is
withdrawing from the International Criminal Court (ICC)
IMPORTANT NAMES:
1. MARIA LOURDES SERENO – On March 8, through Votes of 38-2, the House
Committee on Justice has found probable cause in the impeachment complaint
against Chief Justice Maria Lourdes Sereno.
2. HORACIO "ATIO" CASTILLO III – Killed by Aegis Juris fraternity over the fatal
hazing of University of Santo Tomas (UST) law freshman student in September last
year.
3. BONGBONG” MARCOS, JR. AGAINST VICE PRESIDENT LENI ROBREDO -
The Supreme Court (SC), sitting as the Presidential Electoral Tribunal (PET) has for
the election protest of former Senator Ferdinand “Bongbong” Marcos, Jr (counting
started on Apr. 2 for Camarines Sur, Iloilo, and Negros Oriental)
BY: MPC, RC, MSCRIM 52
4. KERWIN ESPINOSA, PETER LIM - The Department of Justice has cleared
alleged drug lords due to lack of evidence
5. MAUTE GROUP – rebel group who seized Marawi City, they are not ISIS, but
only ISIS-affiliated
6. OMAR MAUTE-Leader of maute inspired by Isis in Marawi City
7. REYNALDO PAROJINOG SR. – Mayor who was killed in the drug ops in Ozamiz
City.
8. NOVA PAROJINOG- Her daughter
9. KIAN LOYD DELOS SANTOS - A 17-year-old who was kill
REPUBLIC ACTS - Are laws made by congress, the latter referring to House of
Representatives and senate of the Philippines duly signed by the president
PRESIDENTIAL DECREES- Are laws made and approved by then former president
Marcos; here are some of them;
INTRODUCTION TO CRIMINOLOGY
1. WITNESS --- man of the hour in court.
2. VICTIM ---- the forgotten one.
3. OFFENDER -- the principal character to the CJS
4. SUSPECT --- One who implicated to the commission of a crime (subject of
investigation)
5. RESPONDENT --- person who is a subject of Preliminary investigation or
inquest proceeding.
6. ACCUSED --- person who charged of an offense in court and facing trial.
7. APPELLANT --- one who filed an appeal.
8. CRIMINAL --- who is found guilty by final judgment
9. POLICE --- initiator or prime mover of the CJS
10. PARDONEE --- one who is given pardon.
11. PAROLEE --- one who is granted with parole.
12. PROBATIONER --- one whose application for probation was granted.
13. PETITIONER --- one who files an application for Probation, parole and pardon
14. CRIMINOLOGIA ---- (Italian word) RAFFAELLE GAROFALO 1885
15. CRIMINOLOGIE ---- (French word) PAUL TOPINARD 1887
16. R.A 6506 --- Act creating the Board of Examiners for Criminologists in the
Phil. And other purpose.(approved/effective=July 1,1972)
17. CRIMINAL ECOLOGY --- study of criminality in relation to the spatial
distribution in a community.
18. CRIMINAL EPIDEMIOLOGY ---- study of the relationship between
environment and criminality.
19. CRIMINAL PSYCHIATRY --- study of human mind in relation to criminality.
20. CRIMINAL PSYCHOLOGY ---- study of human behavior in relation to
criminality.
21. CRIMINAL DEMOGRAPHY --- criminality and population.
22. CRIMINAL PHYSICAL ANTHROPOLOGY ---- study of criminality in relation to
Physical constitution of men.
23. VICTIMOLOGY ---- study of role of victim in the commission of the crime.
24. CRIMINAL ETIOLOGY --- study of the cause or the origin of crime.
**********************Glossary 03*****************************
REFERENCES:
1. Unpublished handouts on THEORIES OF CRIME CAUSATION, 2019, University of the Cordillera (UC).
2. Unpublished handouts on THEORIES OF CRIME CAUSATION, 2019, University of Baguio (UB).