Introduction_to_Criminology reviewer .ppt

FOUNDATIONS
OF CRIMINOLOGY
PCpl Racheal B Santos

What is CRIMINOLOGY?
• According to Edwin H. Sutherland:
“
“Criminology is the entire body of knowledge
regarding crime as a social phenomenon. It
includes within its scope the process of
making of laws, of breaking of laws, and the
society’s reaction towards the breaking of
laws.”
”

 Criminology is a body of knowledge
regarding crimes, criminals and the efforts
of society to prevent and repress them.
 In narrower sense, criminology refers to
the study of crimes and criminals.

 Criminologist (R.A. 6506)
 A person who is a graduate of Bachelor of Science in
Criminology, who passed the examination for
criminologist and is registered as such by the Board
of Examiners of the PRC.
4

• Origin of the word “Criminology”
Etymologically, the term criminology came
from the Latin word “crimen” meaning crime and
Greek word “Logos” which means “to study”.
In 1885, Rafael Garofalo, an Italian Law
Professor coined the term Criminologia
In 1889, Paul Topinard, French Anthropologist,
used the term criminology in French Criminologie for
the first time
5

Principal Divisions of Criminology
1.Etiology of Crimes – the scientific analysis of
the causation of crimes and the criminal
behavior
2.Sociology of Law – refers to the investigation
of the nature of criminal law and its
administration
3.Penology – the study of the control of crimes
and the rehabilitation of offender
6

. . . .is criminology a science?
• According to George Wilker:
 Criminology cannot become a science because it
has not yet aqcuired universal validity.
• According to Edwin H. Sutherland:
 Hoped that it will become a science in the future
since the causes of crimes are almost the same
which may be biological, environmental or
combination of the two.
7

Nature of Criminology
1. It is applied science. (instrumentation)
2. It is a social science. (crime exists in a society)
3. It is dynamic. (continuously improving)
4. It is nationalistic. ( through the adoption of existing
penal laws in a specific country or territory)

Scope in the Study of Criminology
1. Study of the origin and development of criminal
law
2. Study of the causes of crimes and development
of criminals
3. Study of the other sciences that examine
criminal behavior using scientific methods such
as:
• criminal demography
criminal demography – the study of
– the study of
the relationship between criminality
the relationship between criminality
and population
and population

• criminal epidiomology
criminal epidiomology – the study of the
– the study of the
relationship between environment and
relationship between environment and
criminality
criminality
• criminal ecology
criminal ecology – the study of criminality in
– the study of criminality in
relation to the spatial distribution in a
relation to the spatial distribution in a
community
community
• *criminal physical anthropology
*criminal physical anthropology – the study of
– the study of
criminality in relation to physical constitution of
criminality in relation to physical constitution of
men
men
• criminal psychology
criminal psychology – the study of human
– the study of human
behavior in relation to criminality
behavior in relation to criminality
• criminal psychiatry
criminal psychiatry – the study of human mind in
– the study of human mind in
relation to criminality
relation to criminality
• victimology
victimology – the study of the role of the victim
– the study of the role of the victim
in the commission of a crime
in the commission of a crime

SCHOOLS OF THOUGHT IN
CRIMINOLOGY
• School of Thought – refers to a group of beliefs
or ideas that support a specific theory.
• Theory – set of statements devised to explain
behavior, events or phenomenon, especially one
that has been repeatedly tested and widely
accepted.

DEMONOLOGICAL THEORY
- asserts that a person
commits wrongful acts due
to the fact that he was
possessed by demons.

CLASSICAL SCHOOL OF CRIMINOLOGY
• this school of thought is based on the
assumption that individuals choose to commit
crimes after weighing the consequences of
their actions.
• according to classical criminologists,
individuals have free will.
• founders of classical school of criminology
are Cesare Beccaria and Jeremy Bentham.

• Cesare Beccaria (Cesare Bonesana
Marchese di Beccaria) (1738-1794)
- best known for his essay, “On Crimes and
Punishment” which presented key ideas
on the abolition of torture as legitimate
means of extracting confession.
- Beccaria argued that the effectiveness of
criminal justice depended more on the
certainty of punishment than on its
severity.

• his book contains almost all modern penal
reforms but its greatest contribution was the
foundation it laid for subsequent changes in
criminal legislation
• his book was influential in the reforms of penal
code in France, Russia, Prussia and it influenced
the first ten amendments to the US Constitution

• Beccaria believed that:
 people want to achieved pleasure and pain.
 Crime provides some pleasure to the criminal.
 To deter crime, he believed that one must administer
pain in an appropriate amount to counterbalance the
pleasure obtain from crime.
 Famous in sayings “ Let the punishment fit the crime”
16

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS
REGARDING CRIMES AND THE CRIMINAL JUSTICE
SYSTEM
1. In forming a human society, men and women
sacrifice a portion of their liberty so as to enjoy
peace and security.
2. Punishments that go beyond the need of
preserving the public safety are in their nature
unjust.
3. Criminal laws must be clear and certain. Judges
must make uniform judgments in similar crimes.
4. The law must specify the degree of evidence that
will justify the detention of an accused offender
prior to his trial.

5. Accusations must be public. False accusations should be
severely punished.
6. To torture accused offenders to obtain a confession is
inadmissible.
7. The promptitude of punishment is one of the most effective
curbs on crime.
8. The aim of punishment can only be to prevent the criminal
from committing new crimes against his countrymen, and to
keep others from doing likewise. Punishments, therefore, and
the method of inflicting them, should be chosen in due
proportion to the crime, so as to make the most lasting
impression on the minds of men…
9. Capital punishment is inefficacious and its place should be
substituted life imprisonment.
10. It is better to prevent crimes than to punish them. That is the
chief purpose of all good legislation.

• Jeremy Bentham (1748-1832)
- his contribution to classical school of
criminology is the concept of utilitarianism and
the felicific calculus.
- proposed “Utilitarian Hedonism” which explains
that person always acts in such a way to seek
pleasure and avoid pain.

• Utilitarianism – is a philosophy which argues
that what is right is the one that would cause the
greatest good for the greatest number of people.
• others refer to it as the greatest happiness
principle or the principle of utility.
• from this principle, Bentham formulated the
“felicific calculus”.

• Felicific Calculus or the pleasure-and-pain
principle – is a theory that proposes that
individuals calculate the consequences of his
actions by weighing the pleasure (gain) and the
pain (suffering) he would derive from doing the
action.

NEOCLASSICAL CRIMINOLOGY
This theory modified the doctrine of free
will by stating that free will of men may be
affected by other factors and crime is committed
due to some compelling reasons that prevail.
These causes are pathology, incompetence,
insanity or any condition that will make it
impossible for the individual to exercise free will
entirely. In the study of legal provisions, this is
termed as either mitigating or exempting
circumstances.

POSITIVIST SCHOOL OF CRIMINOLOGY
• The term “positivism”, refers to a method of
analysis based on the collection of observable
scientific facts.
• Positivists believes that causes of behavior can
be measured and observed.
• It demand for facts and scientific proof, thus,
changing the study of crimes and criminals into
scientific approach.

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.

• August Comte
– was a French philosopher and sociologist
and is believed to be the one who
reinvented the French term sociologie.
- he was recognized as the “Father of
Sociology and Positivism”.

THE (UN) HOLY THREE (3) OF CRIMINOLOGY
1. Cesare Lombroso
2. Enricco Ferri
3. Raffaelle Garofalo

• Cesare Lombroso
- recognized as the “Father of Modern and
Empirical Criminology”.
- known for the concept of atavistic stigmata
(the physical features of creatures at an earlier
stage of development).
- he claimed that criminals are distinguishable
from non-criminals due to the presence of
atavistic stigmata and crimes committed by those
who are born with certain recognizable heredity
traits.

Visible “Stigmata”
• Asymmetrical
face
• Large monkey-
like ears
• Large lips
• Receding chin
• Twisted nose
• Long arms
• Skin wrinkles
These photos were an early French
police guide to identify particular
types of criminals.

3 Classification of Criminals
• born criminals – individuals with at least five (5)
atavistic stigmata
• insane criminals – those who became criminals
because of some brain defect which affected
their ability to understand and differentiate what
is right from what is wrong.
• criminaloids - those with make up of an
ambiguous group that includes habitual
criminals, criminals by passion and other diverse
types

• Enricco Ferri
- he focused his study on the influences of
psychological factors and sociological
factors such as economics, on crimes.
- He believed that criminals could not
be held morally responsible because
they did not choose to commit crimes,
but rather were driven to commit
crimes by conditions in their lives.

• Raffaelle Garofallo
- He treated the roots of the criminals’
behavior not to physical features but to
their psychology equivalent, which he
referred to as moral anomalies.
- He rejected the doctrine of freewill.
- Classified criminals as Murderers, Violent
Criminals, Deficient Criminals, and
Lascivious Criminals.

BIOLOGICAL THEORIES
• this refers to the set of theories that point to
physical, physiological and other natural factors
as the causes for the commission of crimes of
certain individuals.
• This explanation for the existence of criminal
traits associates an individual’s evil disposition to
physical disfigurement or impairment.

• Physiognomy – the study of facial features and their relation to
human behavior.
1. Giambiatista dela Porta
- founder of human physiognomy
- according to him criminal behavior may be
predicted based on facial features of the
person.
2. Johann Kaspar Lavater
- supported the belief of dela Porta
- he believed that a person’s character is
revealed through his facial characteristics.

• Phrenology, Craniology or Cranioscopy – the
study of the external formation of the skull in
relation to the person’s personality and
tendencies toward criminal behavior.
1. Franz Joseph Gall
- he developed cranioscopy
2. Johann Kaspar Spurzheim
- assistant of Gall in the study of
phrenology.
- he was the man most responsible for
popularizing and spreading phrenology to a wide
audience

• Physiology or Somatotype – refers to the
study of body built of a person in relation
to his temperament and personality and
the type of offense he is most prone to
commit.
1. Ernst Kretschmer
- formulated his own body types: asthenic,
athletic, pyknik and dysplastic.
2. William Herbert Sheldon
- his body types include: ectomorph,
mesomorph and endomorph.

Physiology or Somatotype
According to Kretschmer
• asthenic – characterized as
thin, small and weak.
• athletic – muscular and
strong.
• pyknic – stout, round and
fat.
• dysplastic – combination of
two body types
According to Sheldon
• ectomorph – tall and thin
and less social and more
intellectual than the other
types.
• mesomorph – have well-
developed muscles and an
athletic appearance.
• endomorph – heavy builds
and slow moving.

Mesomorphic body build
large, strong, hard--Psych: active,
dynamic, assertive, forceful.

Endomorphic Body Type
fat, round--Psych: luxury, sloth,
consumption.

Ectomorphic Body Type
frail, skinny, gangly--Psych: introverts,
cunning, stealth

• Heredity – the transmission of traits from
parents to offspring.
1. Richard Louis Dugdale
- conducted a study of the Jukes family by
researching their family tree as far back 200 years. He
discovered that most of the ascendants of the Jukes
were criminals.
2. Henry Goddard
- he traced the descendants of the Martin
Kallikak from each of his two wives and found a distinct
difference in termsof quality of lives of descendants. He
coined the term “moron”.

3. Charles Goring
- he believed that criminal traits can
be passed from parents to offspring
through the genes.
- he proposed that individuals who
possess criminal characteristics should be
prohibited from having children.

INTELLIGENCE AS A FACTOR IN
CRIMINALITY
The classic studies of the Juke and Kallikak
families were among the first to show that
feeblemindedness or low-intelligence can be
inherited and transferred from one generation to the
next. Numerous test were also conducted that lead
to the development of the use of IQ tests as a testing
procedure for offenders. The very first results
seemed to confirm that offenders had low mental
abilities and they were found to be mentally
impaired.

ALFRED BINET – a French psychologist who
developed the first IQ test.
- the test measured the capacity of individual
children to perform tasks or solve problems in
relation to the average capacity of their peers.

PSYCHOLOGICAL THEORIES
• refers to the theories that attribute criminal
behavior of individuals to psychological
factors, such as emotion and mental
problems.
• psychologists have considered a variety of
possibilities, defective conscience, emotional
immaturity, inadequate childhood
socialization, maternal deprivation and poor
moral development.

• Sigmund Freud
- known for his psychoanalytic theory*
- according to him, criminality is caused by the
imbalance of the three (3) components of
personality: the id, the ego, and the superego.
ID – follows the pleasure principle
EGO – reality principle
SUPEREGO - the conscience

 Sigmund Freud – suggested that criminality may
result from an overactive conscience that results
in excessive guilt feelings.
 a defect in the character formation of
delinquents drives them to satisfy their desires at
once, regardless of the consequences.

SOCIOLOGICAL THEORIES
• sociological factors refer to things, places
and people with whom we come in contact
with and which play a part in determining
our actions and conduct. These causes may
bring about the development of criminal
behavior.

• Emile Durkheim
- he stated that crime is a normal part of
the societyjust like birth and death.
- proposed the concept of “anomie” or the
absence of social norms. It is characterized
by disorder due to lack of common values
shared by individuals, lack of respect for
authority and lack of appreciation for what
is acceptable and not acceptable in a
society.

• Gabriel Tarde
- introduced the theory of imitation which
proposes the process by which people
become criminals.
- according to this theory, individuals
imitate the behavior of other individuals
based on the degree of their association
with other individuals and it is inferior or
weak who tend to imitate the superior and
strong.

• Adolphe Quetelet and Andre Michael
Guerry
- founder of cartographic school of
criminology.
- founder of moral statistics.
- cartographic school of criminology made use
of statistical data such as population, age,
gender, occupation, religious affiliations and
social economic status and studies their
influences and relationship to criminality.

MODERN SOCIOLOGICAL THEORIES OF
CRIME CAUSATION
• environmental factors such as the kind of
rearing or family upbringing, quality of
teaching in school, influences of peers and
friends, conditions of the neighborhood,
and economic and other societal factors
are believed to be contributory to crime
and criminal behavior.

• SOCIAL STRUCTURE THEORIES
- refers not only to the physical features of
the communities but also to the way society is
organized.
- include such things as level of poverty and
unemployment and the amount of crowded
housing which are believed to affect behavior
and attitudes of individuals which in turn
contribute to their commission of crimes.
- also called social environment
- includes social disorganization theory, strain
theory and cultural deviance theory.

1. Social Disorganization Theory
- popularized by Clifford Shaw and Henry McKay.
- according to this theory, crimes in urban areas
are more prevalent because residents have
impersonal relationships with each other.
- increase in the number of broken families and
single parenthood are also very common in
disorganized communities.
- another feature of disorganized community is
poverty as evidenced by poor living conditions
such as rundown houses, unsanitary and unsighty
streets and high unemployment rates.

This theory focuses on the development of
high-crime areas associated with the
disintegration of conventional values
caused by rapid industrialization, increased
migration, and urbanization.

2. Strain Theory*
- strain refers the individual’s frustration, anger
and resentment.
- holds that crime is a function of the conflict
holds that crime is a function of the conflict
between the goals people have and the means
between the goals people have and the means
they can use to legally obtain them. This also
they can use to legally obtain them. This also
argues that the ability to obtain these goals is
argues that the ability to obtain these goals is
class dependent; members of the lower class are
class dependent; members of the lower class are
unable to achieve these goals which come easily
unable to achieve these goals which come easily
to those belonging to the upper class.
to those belonging to the upper class.
Consequently, they feel anger, frustration and
Consequently, they feel anger, frustration and
resentment, referred to as STRAIN.
resentment, referred to as STRAIN.

3. Cultural Deviance Theory
- gives emphasis on the concept of culture
and sub-culture.
- according to this theory, because people in
the lower class feel isolated due to extreme
deprivation or poverty, they tend to create a
sub-culture with its own set of rules and
values. This is characterized by deviant
behavior which result in criminal behavior
among its members.

• SOCIAL PROCESS THEORY
- refers to a group of theories which point to the
individual’s socialization process as the cause for
the commission of crimes. These theories cite
interaction with people and experiences and
exposure to different element in the
environment as primary factors to criminality.
- under this theory is the social learning theory
which in turn has three (3) sub-theories:
differential association theory, differential
reinforcement theory and neutralization theory.

1. *Differential Association Theory
- formulated by Edwin Sutherland
- this theory states that criminal behavior is
learned through socialization.
- criminal behavior is learned in interaction with
other persons in a process of communication.

2. Differential Reinforcement Theory
- according to this theory, individual’s behavior
depends on how people around him react toward
s his behavior.
- an act that is rewarded is repeated; an act that
is punished will be avoided.

3. Neutralization Theory
- introduced by David Matza and Gresham
Sykes.
- sometimes referred to as “drift theory”
- according to this theory, people know
when they are doing something wrong,
however, they rationalize and justify their
actions. This rationalizing is what we called
“neutralization”.

• SOCIAL REACTION THEORY*
- more commonly called labeling theory.
- it states that people become criminals
when significant members of society label
them as such and they accept those labels
as a personal identity.

• SOCIAL CONTROL THEORIES
- maintain that everyone has the potential to
become criminal but most people are controlled
by their bonds to society.
- social control refers to the agencies of social
control such as family, school, religion or church,
government and laws and other identified
authorities in society.
- there are two (2) sub-theories: containment
theory and social bond theory.

1. Containment Theory
- proposed by Walter Reckless
- he stated that inner and outer containments
help prevent juvenile offending.
- containment means the forces within and
outside the individual that has the power to
influence his actions.
- inner containments include positive self-
concept, tolerance for frustration and an ability
to set realistic goals.
- outer containments include family.

2. Social Bond Theory*
- propagated by Travis Hirschi
- this theory views crime as a result of
individuals with weakened bonds to social
institutions.
- according to this theory, there are four
(4) elements of social bonds: attachment,
commitment, involvement and belief.

• attachment – refers to the degree to which
an individual care about the opinions of
others.
• commitment – refers to an individual’s
investment of enrgy and emotion in
conventional pursuits, such as getting good
grades.
• involvement – refers to the amount of time
an individual spends on a conventional
pursuit.
• belief – refers to acceptance of the norms of
conventional society.

CRIMES AND CRIMINALS
• crime – refers to an act committed or omitted in
violation of public law (Phil. Law Dictionary).
• It also refers to an act committed or omitted in
violationof a public law forbidding or
commanding it (Reyes 2006).

CRIME OF COMMISSION – when the act
performed is in violation of a law
forbidding it
CRIME OF OMISSION – when the person
failed to perform an act that is
commanded by law

DESIRE CAPABILITY
OPPORTUNITY
TRIANGLE OF CRIME/ELEMENTS OF CRIME
CRIME

CLASSIFICATION OF CRIMES
LEGAL CLASSIFICATIONS:
1.According to law violated
(Violation of the
RPC)
(Violation
of SPL’s)
(Violation of a city
or municipal
ordinance)

2. According to the manner of committing
crime:
(Intentional
felonies)
(Culpable Felonies)

3. According to the stage in the commission:

• Attempted – the crime is attempted when the
offender commences the commission of a felony
directly by overt acts, and does not perform all
the acts of execution which should produce the
felony by reason of some cause or accident other
than this own spontaneous desistance.
• Frustrated - when the offender performs all the
acts of execution which would produce the felony
as a consequence but which, nevertheless do not
produce it by reason of causes independent of
the will of the perpetrator.
• Consummated - when all the elements necessary
for its accomplishment and execution are present

• Simple Crime – is a single act constituting only
one offense.
• Complex Crime – is a single act constituting two
or more grave or less grave felonies, or when the
offense is a necessary means for committing the
other.
2 KINDS OF COMPLEX CRIME:
1. compound crime (delito compuesto)
2. complex crime proper (delito
complejo)

• Grave felonies - are those to which the law
attaches the capital punishment or penalties
which in any of their period are afflictive.
• Less grave felonies - are those which the law
punishes with penalties which in their
maximum period are correctional.
• Light felonies - are infraction of laws for the
commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or
both is provided.

6. According to the nature of the act:

• Crimes mala in se –
are acts that are
inherently evil.
Examples: Murder,
Robbery, etc.
• Crimes mala
prohibita – are acts
which are prohibited
only because there
are laws forbidding
such acts.
Examples: Illegal
Possession of F/A,
Traffic Violations, etc.

 CRIMINOLOGICAL CLASSIFICATIONS OF
CRIME:
1.According to the result of the crime:

• Acquisitive crime
– if the offender
acquired or gained
something by
committing the
crime.
Examples: robbery,
estafa, bribery, etc.
• Destructive crime
– if the crime
resulted in
destruction,
damage or even
death.
Examples: arson,
murder and
homicide, damage
to property, etc.

2. According to the time or period of
commission:

• Seasonal crimes –
are crimes that
happen only during a
particular season or
period of the year.
Examples: violation of
election law, tax law
violations, etc.
• Situational crimes –
are crimes committed
when the situation is
conducive to the
commission of the
crime and there is an
opportunity to
commit it.
Examples:
pickpocketing, theft,
etc.

3. According to the length of time of the
commission:

• Instant crimes – are
those crimes that can
be committed in a
very short time.
Example: theft
• Episoidal crimes –
are crimes committed
through series of acts
or episodes and in
much longer time.
Example: serious illegal
detention

4. According to place or location:

• Static crimes – are
committed only in
one place.
• examples are theft
and robbery
• Continuing crimes –
are crimes that take
place in more than
one place or several
places.
• examples: abduction,
kidnapping, etc.

5. According to the use of mental faculties:

• Rational crimes –
when the offender is
capable of knowing
what he is doing and
understanding the
consequences of his
actions.
• Irrational Crimes –
when the offender
suffers from any form
of mental disorders,
insanity or
abnormality. Thus,
the offender doesn’t
know what he is
doing.

6. According to the type of offender:

• White Collar
Crimes – crimes
committed by
those persons
belonging to the
upper socio-
economic status or
in the course of his
occupational
activities.
• Blue Collar Crimes
– are those crimes
committed by
ordinary criminals
as a means of
livelihood.

CLASSIFICATIONS OF CRIMINALS
1. According to etiology

• Acute criminal – is a person who committed
crime as a result of reacting to a situation or
during a moment of anger or burst of feeling.
• Chronic criminal – is one who committed a
crime with intent or deliberated thinking.
A. Neurotic criminal – is one who has
mental disorder.
B. Normal criminal – a person who
commits crimes because he looks up to, idolizes
people who are criminals.

2. According to the type of offender:

• Ordinary criminal – a criminal who engages
in crimes which do not require specialized or
technical skill
• Organized criminal – is one who possesses
some skills and know-how which enable him
to commit crimes and evade detection.
• Professional criminal – a highly skilled
criminals which are engaged in a large scale
criminal activities ad usually operate in
groups.

3. According to criminal activities:

• Professional criminal – a criminal who earns
his living through criminal activities.
• Situational criminal – a person who got
involved in criminal act because the situation
presented itself.
• Habitual criminal – one who repeatedly
commits criminal act for different reasons.
• Accidental criminal – a person who
accidentally violated the law due to some
circumstances.

CRIME STATISTICS
• refers to the measure of the level or amount of
crimes.
• compilation of data pertaining to crimes
• the measure of the level or amount of crimes
• it uses the terms index crimes and non-index
crimes in classifying crimes.

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
- crimes that are not classified as index crimes
- all other crimes not enumerated as index crimes

STATISTICAL FORMULA:
1.Crime Solution Efficiency (CSE) – percentage of
solved cases out of the total number of reported
crime incidents handled by the police for a given
period of time. It is a general measure of law
enforcement agency’s investigative capability or
efficiency.
2. Crime Rate – the number of incidents in a given
period of time for every 100, 000 inhabitants of
an area/place.

EXAMPLE:
If the population in municipality A is
195, 000 and the crime volume is 2, 540,
what is the crime rate?
a. 1230.6 c. 1465.2
b. 1302.6 d. 1203.5

3. Average Monthly Crime Rate (AMCR) –
the average number of crime incidents
occurred per month for every 100, 000
inhabitants in a certain area.
4. Variance (or % change) – one way of
analyzing crime trends. It measures the
percentage change over a given period of
time.

Ex. Murder cases numbered 180 in 2010 and
220 in 2011. What was the percent
increase?
a. + 22.2% c. + 20.2%
b. + 22.0% d. + 20.1%

5. Crime Analysis
a. Percentage Share of Crime Volume of a Certain Area
Ex. If Metro Manila accounts for 26% of the
national total crime volume of 84, 875, how
many crimes were reported to the police?
a. 20, 250 c. 32, 644
b. 22, 068 d. 22, 858
b. Percentage Share of the Occurrence of a Type of Crime

Study of Criminal Law
EVOLUTION OF CRIMINAL LAWS
A) PREHISTORIC CRIME AND PUNISHMENT
Primitive Tribes
- punishment may be in the form of ostracism and
expulsion
- adultery may be punished by the aggrieved husband
who may kill the adulterer and his own offending wife
- crime may be avenged by the victim himself or by the
victim’s family
•

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

2) THE HITTITES
- the Hittites existed about two centuries
after Hammurabi and eventually conquered
Babylon.
- capital punishment was used for many offenses,
except for homicide or robbery
3) CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian
lawgiver of the seventh century BC
- death was the punishment for almost every
offense

4) LAWS OF SOLON
- Solon was appointed archon
and was given legislative powers
- Solon repealed all the laws of
the Code of Drakon, except the law
on homicide
- Solon was one of the first to see
that a lawgiver had to make laws that
applied equally to all citizens and
also saw that the law of punishment
had to maintain proportionality to
the crimes committed

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

• CRIMINAL LAW
- that branch of public law which defines
crimes treats of their nature and provides
for their punishment.
• Revised Penal Code or Act No. 3815 –
book that contains the Philippine Criminal
Law and different special laws and decrees
which are penal in nature

• Revised Penal Code (RPC)
It is called as RPC because the old penal code
which took effect in the country on July 14, 1887
and was in force until Dec. 31, 1931 was revised by
the Committee created by Administrative Order
No. 94 of the Department of Justice, dated Oct. 18,
1927, composed of Anacleto Diaz as Chairman,
Alex Reyes and Mariano de Joya as members.
The RPC was approved on Dec. 8, 1930 and took
effect on January 1, 1932.
115

• Principal Parts of the RPC
It is composed of two books, book one which is
composed of article 1-113 and book two
covering article 114-367.
Articles 1-20 – principles affecting criminal liability
Articles 21-113 – penalties including criminal and civil
liability
Articles 114-367 – felonies with corresponding penalties
grouped into 14 titles.
116

• Characteristics of the RPC
1. Generality – the law is applicable to all persons
within the territory irrespective of sex, race,
nationality or civil status except:
a. Heads of state
b. Foreign diplomats, ambassadors, who are
duly accredited to our country
c. Foreign troops permitted to march within
the territory
117

2. Territoriality - the RPC is applicable to felonies
committed within the Philippine territorial jurisdiction.
 Philippine archipelago – all the islands that
comprise the Philippines
 Interior water – all bodies of water that connect
all the islands such as bays, rivers and streams
 Maritime zone – the twelve (12) Nautical Mile
limit beyond our shore measured at low tide
118

3. Prospectivity - the provisions of the RPC cannot
be applied if the act is not yet punishable on the
time the felony was committed. However, it may
have a retroactive effect if it is favorable to the
accused who is not a habitual delinquent.

4. It is specific and definite.
Criminal law must give a strict definition
of a specific act which constitutes an offense.
Where there is doubt as to whether a
definition embodied in the Revised Penal
Code applies to the accused or not, the judge
is obligated to decide the case in favor of the
accused. Criminal law must be construed
liberally in favor of the accused and strictly
against the state.

5. It is uniform in application.
An act described as a crime is a crime
no matter who committed it, wherever
committed in the Philippines and whenever
committed. No exceptions must be made as
to the criminal liability. The definition of
crimes together with the corresponding
punishment must be uniformly construed,
although there may be a difference in the
enforcement of a given specific provision of
the penal law.

6. There must be a penal sanction or punishment.
Penal sanction is the most essential part of
the definition of the crime. If there is no penalty
to a prohibited act, its enforcement will almost
be impossible. The penalty is acting as a
deterrence and as a measure of self-defense of
the state to protect society from the threat and
wrong inflicted by the criminal.

PSYCHOPATHY OR ANTI-SOCIAL
PERSONALITY
- personality that is characterized by an
inability to learn from experience, lack of
warmth and no sense of guilt.
- referred to as “manie sans delire” or
madness without confusion by the French
physician Philippe Pinel
- “moral insanity” by James Prichard
- “irresistible atavistic impulses” by Gina
Lombroso-Ferrero

HYPOGLYCEMIA
– a condition that occurs when the level of blood
sugar falls below an acceptable range.
ELECTROENCEPHALOGRAM (EEG)
- a tracing made by an instrument that measures the
cerebral functioning by recording brain wave activity
with electrodes that are placed on the scalp.
ELECTROENCEPHALOGRAPH (EEG)
- A device that can record the electronic impulses
given off by the brain, commonly called brain waves.

AGING OUT PHENOMEMNON
- The process by which individuals reduce the
frequency of their offending behavior as they
age. It is also known as spontaneous remission,
because people are believed to spontaneously
reduce the rate of their criminal behavior as they
mature. Aging out is thought to occur among all
groups of offenders.

ATTENTION DEFICIT HYPERACTIVITY DISORDER
(ADHD)
- A psychological disorder in which a child shows
developmentally inappropriate impulsivity,
hyperactivity, and lack of attention.

CHIVALRY HYPOTHESIS
- The idea that low female crime and
delinquency rates are a reflection of the
leniency with which police treat female
offenders.
Electra complex
- A stage of development when girls begin
to have sexual feelings for their fathers.

JUST DESERT
- The philosophy of justice that asserts that those
who violate the rights of others deserve to be
punished. The severity of punishment should be
commensurate with the seriousness of the crime.

SERIAL MURDER
- The killing of a large number of people
over time by an offender who seeks to
escape detection.
MASS MURDER
- The killing of a large number of people in
a single incident by an offender who
typically does not seek concealment or
escape.

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