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Introduction To Criminology II

Criminology is the multidisciplinary study of crime, criminals, and criminal behavior through various lenses including sociology, psychology, and psychiatry. It examines the causes of crime on both societal and individual levels. Criminology also studies approaches to punishment and rehabilitation as well as crime detection. Crime can be defined legally as acts that violate criminal law, socially as acts that are harmful to societal norms, and psychologically as resulting from behavioral maladjustment. Criminals are classified based on the nature of their crimes and behavior as either acute or chronic, ordinary or professional depending on the level of organization and skill in their criminal activities.

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0% found this document useful (0 votes)
125 views26 pages

Introduction To Criminology II

Criminology is the multidisciplinary study of crime, criminals, and criminal behavior through various lenses including sociology, psychology, and psychiatry. It examines the causes of crime on both societal and individual levels. Criminology also studies approaches to punishment and rehabilitation as well as crime detection. Crime can be defined legally as acts that violate criminal law, socially as acts that are harmful to societal norms, and psychologically as resulting from behavioral maladjustment. Criminals are classified based on the nature of their crimes and behavior as either acute or chronic, ordinary or professional depending on the level of organization and skill in their criminal activities.

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INTRODUCTION TO CRIMINOLOGY

CRIMINOLOGY defined

Criminology is a body of knowledge regarding delinquency and crime as a


social phenomenon (Tradio, 1999). It may also refer to the study of crimes and
criminals and the attempt of analyzing scientifically their causes and control and the
treatment of criminals.

Criminology is a multidisciplinary study of crimes (Bartol, 1995). This means


that many disciplines are involved in the collection of knowledge about criminal
action, including, psychology, sociology, anthropology, biology, neurology, political
science and economics. But over the years, sociology, psychology, and psychiatry
have dominated the study of crime.

Sub-Fields of Criminology

Sociological Criminology – the study of crime focused on the group of


people and society as a whole. It is primarily based on the examination of the
relationship of demographic and group variables to crime. Variables such as
socioeconomic status, interpersonal relationships, age, race, gender, and cultural
groups of people are probed in relation to the environmental factors that are most
conducive to criminal action, such as time, place, and circumstances surrounding
the crime.

Psychological Criminology – the science of behavior and mental processes


of the criminal. It is focused on the individual criminal behavior-how it is acquired,
evoked, maintained, and modified. Both the environmental and personality
influences are considered, along with the mental processes that mediate the
behavior.

Psychiatric Criminology – the science that deals with the study of crime
through forensic psychiatry, the study of criminal behavior in terms of motives and
drives that strongly relies on the individual. (Psychoanalytic Theory - Sigmund
Freud – traditional view). It also explains that criminals are acting out of
uncontrollable animalistic, unconscious, or biological urges (modern view).

Scope of the Study of Criminology

1. Criminal Behavior or Criminal Etiology - the scientific analysis of the causes of


crime;
2. Sociology of Law - the study of law and its application;
3. Penology or Correction - the study that deals with punishment and the
treatment of criminals;
4. Criminalistics or Forensic Science - one more area of concern in crime
detection and investigation.

Nature of Criminology

Understanding crime is as complex as other fields of interest. It requires


therefore a systematic and balanced knowledge in the examination of why they
exist. In this sense, criminology is:

1. An Applied Science – Anthropology, psychology, sociology and other natural


sciences may be applied in the study of the causes of crime while chemistry,
medicine, physics, mathematics, etc. maybe utilized in crime detection.
2. A Social Science – Inasmuch as crime is a societal creation and that it exists
in a society, its study must be considered a part of social science.
3. Dynamic – Criminology changes as social condition changes. That means the
progress of criminology is concordant with the advancement of other sciences
that have been applied to it.
4. Nationalistic – The study of crime must always be in relation with the
existing criminal law with in the territory.

OBJECT OF INTEREST IN CRIMINOLOGY

CRIME

In as much as the definition of crime is concerned, many field of study like


law, sociology and psychology have their respective emphasis on what crime is.

Crime may be defined as:

 An act or omission in violation of a criminal law in its legal point of view.


 An anti-social act; an act that is injurious, detrimental or harmful to the
norms of society; they are the unacceptable acts in its social definition.
 Psychologically, crime is an act, which is considered undesirable due to
behavioral maladjustment of the offender; acts that are caused by
maladaptive or abnormal behaviors.

CRIME is also a generic name that refers to offense, felony and delinquency
or misdemeanor.

 Offense – is an act or omission that is punishable by special laws ( a special


law is a statute enacted by Congress, penal in character, which is not an
amendment to the Revised Penal Code) such as Republic Acts, Presidential
Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and
Regulations ( Reyes, 1960)
 Felony – is an act or mission that is punishable by the Revised Penal Code,
the criminal law in the Philippines (Reyes, 1960).
 Delinquency/Misdemeanor – acts that are in violation of simple rules and
regulations usually referring to acts committed by minor offenders.

Criminological Classification of Crime

Crimes are classified in order to focus a better understanding on their


existence. Criminologists consider the following as criminological classification of
crimes (Criminology Reviewer, 1996).

 Acquisitive and Extinctive Crimes - Acquisitive Crime is one which when


committed, the offender acquires something as a consequence of his criminal
act. The crime is extinctive when the result of criminal act is destruction.
 Seasonal and Situational Crimes - Seasonal crimes are those that are
committed only at certain period of the year while situational crimes are those
that are committed only when given a situation conducive to its commission.
 Episodic and Instant Crimes - Episodic crimes are serial crimes; they are
committed by series of act within a lengthy space of time. Instant crimes are
those that are committed the shortest possible time.
 Static and Continuing Crimes - Static crimes are crimes that are
committed only in one place. Continuing crime are crimes that are committed
in several places.
 Rational and Irrational Crimes - Rational crimes are those committed with
intent; offender is in full possession of his mental faculties /capabilities while
Irrational crimes are committed without intent; offender does not know the
nature of his act.
 White Collar and Blue Collar Crimes - White Collar Crimes are those
committed by a person of responsibility and of upper socio-economic class in
the course of their occupational activities. Blue Collar Crimes are those
committed by ordinary professionals to maintain their livelihood.
 Upper World and Underworld Crimes - Upper World Crimes are those
committed by individuals belonging to the upper class of society. Under World
Crime are committed by members of the lower or under privilege class of
society.
 Crimes by Imitation and Crimes by Passion - Crimes by Imitation are
crimes committed by merely duplication of what was done by others. Crimes
by Passion are crimes committed because of the fit of great emotions.

 Service Crimes - Service Crime refers to crimes committed through rendition


of a service to satisfy desire of another.

Legal Classification of Crimes

Under the law, crimes are classified as:

 Crimes against National Security and the Law of Nations -


Example – Treason, Espionage, Piracy
 Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention, Violation of Domicile
 Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
 Crimes against Public Interest.
Example – Forgery, Falsification, Fraud
 Crimes against Public Morals
Example – Gambling and betting, offences against decency and good
customs like scandals, obscenity, vagrancy, and prostitution
 Crimes Committed by Public Officers
Example – Malfeasance and Misfeasance
 Crimes against Person
Example – Murder, Rape, Physical Injuries
 Crimes against Properties
Example – Robbery, Theft
 Crimes against Personal Liberty and Security
Example – Illegal Detention, Kidnapping, Trespass to Dwelling, Threat
and Coercion
 Crimes against Chastity
Example – Concubinage, Adultery, Seduction, Abduction, Acts of
Lasciviousness
 Crimes against Civil Status of Persons
Example – Bigamy and Other Illegal Marriages
 Crimes against Honor
Example – Libel, Oral Defamation
 Quasi-offenses or Criminal Negligence
Example – Imprudence and Negligence

THE CRIMINAL
On the basis of the definition of crime, a criminal may be defined in three ways:

 A person who committed a crime and has been convicted by a court of the
violation of a criminal law. (legal definition)
 A person who violated a social norm or one who did an anti-social act. (social
definition)
 A person who violated rules of conduct due to behavioral maladjustment.
(psychological definition)

Criminological Classification of Criminals

Based on Etiology

 Acute Criminal is one who violates a criminal law because of the impulse or
fit of passion. They commit passionate crimes.
 Chronic Criminal is one who commits crime acted in consonance of
deliberated thinking. He plans the crime ahead of time. They are the targeted
offenders.

Based on Behavioral System

 Ordinary Criminal is considered the lowest form of criminal in a criminal


career. He doesn’t stick to crime as a profession but rather pushed to commit
crimes due to great opportunity.
 Organized Criminal is one who associates himself with other criminals to
earn a high degree of organization to enable them to commit crimes easily
without being detected by authorities. They commit organized crimes.
 Professional Criminal is a person who is engaged in criminal activities with
high degree of skill. He is usually one who practices crime as a profession to
maintain a living.

Based on Activities

 Professional Criminals are those who practice crime as a profession for a


living. Criminal activity is constant in order to earn skill and develop ability in
their commission.
 Accidental Criminals are those who commit crimes when the situation is
conducive to its commission.
 Habitual Criminals are those who continue to commit crime because of
deficiency of intelligence and lack of self – control.

Based on Mental Attitudes

 Active Criminals are those who commit crimes due to aggressiveness.


 Passive Inadequate Criminals are those who commit crimes because they
are pushed to it by reward or promise.
 Socialized Delinquents are criminals who are normal in behavior but
defective in their socialization process or development.

Based on Legal Classification

 Habitual Delinquent is a person who, with in a period of ten years from the
date of his release or last conviction of the crimes of serious or less serious
physical injuries, robbery, estafa, or falsification, is found guilty of any of the
said crimes or a third time oftener.
 Recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the
same title of the Revised Penal Code.

CRIMINAL BEHAVIOR

Crime in its legal definition may constitute an intentional act in violation of


the criminal law and penalized by the state a felony, offense or misdemeanor.
Criminal behavior, therefore, is an intentional behavior that violates a criminal code
(Bartol, 1995).

Criminal behavior may also refer to the study of the human conduct focused
on the mental processes of the criminal: the way he behaves or acts including his
activities and the causes and influences if his criminal behavior.

VICTIMS OF CRIME

Victimology is simply the study of victims of crimes and contributory role, if


any, in crime causation. It is also the scientific process of gaining substantial
amounts of knowledge on offender characteristics by studying the nature of victims.
(Schmalleger, 1997).

PENOLOGY (CORRECTION)

This is another object of interest of criminology that deals with punishment of


criminal offenders. Punishment is justified by deterrence, retribution, atonement,
societal protection, and reformation of criminals.

APPROACHES AND THEORIES OF CRIME

SUBJECTIVE APPROACHES - deals mainly on the biological explanation of


crimes, focused on the forms of abnormalities that exist in the individual criminal
before, during and after the commission of the crime (Tradio, 1999). Included
under this approach are:

1. Anthropological Approach – the study on the physical characteristics of an


individual offender with non-offenders in the attempt to discover differences
covering criminal behavior (Hooton).
2. Medical Approach - the application of medical examinations on the
individual criminal explain the mental and physical condition of the individual
prior and after the commission of the crime (Positivist).
3. Biological Approach –the evaluation of genetic influences to criminal
behavior. It is noted that heredity is one force pushing the criminal to crime
(Positivist).
4. Physiological Approach – the study on the nature of human being
concerning his physical needs in order to satisfy his ants. It explains that the
deprivation of the physical body on the basic needs is an important
determiner of the commission if crime (Maslow).
5. Psychological Approach – it is concerned about the deprivation of the
psychological needs of man, which constitute the development of deviations
of normal behavior resulting to unpleasant emotions (Freud, Maslow).
6. Psychiatric Approach – the explanation of crime through diagnosis of
mental diseases as a cause of the criminal behavior (Positivist).
7. Psychoanalytical Approach – the explanation of crimes based on the
Freudian Theory, which traces behavior as the deviation of the repression of
the basic drives (Freud).

OBJECTIVE APPROACHES - The objective approaches deal on the study of


groups, social processes and institutions as influences to behavior. They are
primarily derived from social sciences (Tradio, 1999). Under this are:

1. Geographic Approach – this approach considers topography, natural


resources, geographical location, and climate lead an individual to commit
crime (Quetelet).
2. Ecological Approach – it is concerned with the biotic grouping of men
resulting to migration, competition, social discrimination, division of labor and
social conflict as factors of crime (Park).
3. Economic Approach – it deals with the explanation of crime concerning
financial security of inadequacy and other necessities to support life as factors
to criminality (Merton).
4. Socio – Cultural Approach – those that focus on institutions, economic,
financial, education, political, and religious influences to crime (Cohen).

THEORIES OF CRIME AND THE PIONEERS

PRE-CLASSICAL ERA

The Demonological Theory - Before the development of more scientific


theories of criminal behavior, one of the most popular explanations was
Demonology (Hagan, 1990). According to this explanation individuals were thought
to be possessed by good or evil spirits, which caused good or evil behavior. The
theory maintains that criminal behavior was believed to be the result of evil spirits
and demons something of natural force that controls his/her behavior. Centuries
ago, Guilt and innocence were established by a variety of procedures that
presumably called forth the supernatural allies of the accused. The accused were
innocent if they could survive an ordeal, or if miraculous signs appeared. They were
guilty if they died at stake, or if omens were associated with them (Bartol, 1995).
Harsh punishments were also given.

PRE-TWENTIETH CENTURY THEORIES (18th C – 1738 - 1798)

In the eighteenth century, criminological literature, whether psychological,


sociological, or psychiatric in bent, has traditionally been divided into three broad
schools of thought about the causes of crime: the classical, neo-classical and the
positivist schools of criminology.

The Classical School of Criminology

This is the school of thought advocated by Cesare Beccaria whose real name
is Cesare Bonesara Marchese de Beccaria together with Jeremy Bentham (1823)
who proposed “Utilitarian Hedonism”, the theory, which explains that a person
always acts in such a way as to seek pleasure and avoid pain.

Cesare Beccaria in his “ESSAY on Crimes and Punishment” presented his


key ideas on the abolition of torture as a legitimate means of extracting
confessions. The Classical theory maintains that man is essentially a moral creature
with absolute free will to choose between good and evil therefore tress is placed
upon the criminal himself; that every man is responsible for his act. Freewill
(Beccaria) – a philosophy advocating punishment severe enough for people to
choose, to avoid criminal acts. It includes the belief that a certain criminal act
warrants a certain punishment without any punishment without any variation.
Hedonism (Bentham) – the belief that people choose pleasure and avoid pain.

The Neo-Classical School of Criminology

The neo-classical school of criminology argued that situations or


circumstances that made it impossible to exercise freewill are reasons to exempt
the accused from conviction. This school of thought maintains that while the
classical doctrine is correct in general, it should be modified in certain details, that
children and lunatics should not be regarded as criminals and free from
punishment, it must take into account certain mitigating circumstances.

The Positivist/Italian School (1838 – 1909)

It maintained that crime as any other act is a natural phenomenon and is


comparable to disaster or calamity. That crime as a social and moral phenomenon
which cannot be treated and checked by the imposition of punishment but rather
rehabilitation or the enforcement of individual measures. Cesare Lombroso and his
two students, Enrico Ferri and Rafaele Garofalo advocated this school.

Cesare Lombroso (1836 – 1909) – The Italian leader of the positivist


school of criminology, was criticized for his methodology and his attention to the
biological characteristics of offenders, but his emphasis on the need to study
offenders scientifically earned him the “father of modern criminology.” His
major contribution is the development of a scientific approach to the study of
criminal behavior and to reform the criminal law. He wrote the essay entitled
“CRIME: Its Causes and Remedies” that contains his key ideas and the
classifications of criminals.

Classifications of Criminals by Lombroso

1. Born Criminals – there are born criminals according to Lombroso, the belief
that being criminal behavior is inherited.
2. Criminal by Passion – are individuals who are easily influenced by great
emotions like fit of anger.
3. Insane Criminals – are those who commit crime due to abnormalities or
psychological disorders. They should be exempted from criminal liability.
4. Criminoloid – a person who commits crime due to less physical stamina/self
self control.
5. Occasional Criminal – are those who commit crime due to insignificant
reasons that pushed them to do at a given occasion.
6. Pseudo-criminals – are those who kill in self-defense.

Enrico Ferri (1856 – 1929) – He was the best-known Lombroso’s associate.


His greatest contribution was his attack on the classical doctrine of free will, which
argued that criminals should be held morally responsible for their crimes because
they must have made a rational decision to commit the crime.

Raffaele Garofalo ( 1852 – 1934) – Another follower of Lombroso, an


Italian nobleman, magistrate, senator, and professor of law. Like Lombroso and
Ferri, he rejected the doctrine of free will and supported the position that the only
way to understand crime was to study it by scientific methods. Influenced on
Lombroso’s theory of atavistic stigmata (man’s inferior/ animalistic behavior), he
traced the roots of criminal behavior not to physical features but to their
psychological equivalents, which he called “moral anomalies”.
The Classical and Positivist School Compared

Classical School Positivist School

 Legal definition of crime  No to legal


 Punishment fit the crime definition
 Doctrine of free will  Punishment fit the
 Death penalty allowed criminal
 No empirical research  Doctrine of
 Definite sentence determinism
 Abolition of death
penalty
 Inductive method
 Indeterminate
sentence

EARLY TWENTIETH CENTURY THEORIES

1. David Emile Durkheim (French, 1858 - 1917) - He advocated the


“Anomie Theory”, the theory that focused on the sociological point of the
positivist school, which explains that the absence of norms in a society
provides a setting conductive to crimes and other anti-social acts. According
to him, the explanation of human conduct lies not in the individual but in the
group and the social organization.

2. Sigmund Freud (1856 - 1969) - Psychologists have considered a variety of


possibilities to account for individual differences – defective conscience,
emotional immaturity, inadequate childhood socialization, maternal
deprivation, and poor moral development. The Freudian view on criminal
behavior was based on the use of Psychology in explaining an approach in
understanding criminal behavior – the foundation of the Psychoanalytical
theory.

3. Robert Ezra Park (1864 - 1944) - Park is a strong advocate of the


scientific method in explaining criminality but he is a sociologist. He
advocated the “Human Ecology Theory”. Human Ecology is the study of the
interrelationship of people and their environment. This theory maintains that
crime is a function of social change that occurs along with environmental
change. It also maintains that the isolation, segregation, competition, conflict,
social contract, interaction and social hierarchy of people are the major
influences of criminal behavior and crimes.

MIDDLE TWENTIETH CENTURY

1. Ernest Kretschmer (1888 – 1964) - The idea of somatotyping was


originated from the work of a German Psychiatrist, Ernest Kretschmer, who
distinguished three principal types of physique as:
a. Asthenic – lean, slightly built, narrow shoulders
b. Athletic – medium to tall, strong, muscular, course bones
c. Pyknic – medium height, rounded figure, massive neck, broad
face
Kretschmer related these body physique to various pychotic behavioral
patterns: Pyknic to manic depression, asthenics and athletics to
schizophrenia.

2. William H. Sheldon (1898 – 1977) - Sheldon is an influenced of the


Somatotype School of Criminology, which related body built to behavior. He
became popular of his own Somatotyping Theory. His key ideas are
concentrated on the principle of “Survival of the Fittest” as a behavioral
science. He combines the biological and psychological explanation to
understand deviant behavior. Sheldon’s “Somatotyping Theory” maintains the
belief of inheritance as the primary determinants of behavior and the
physique is a reliable indicator of personality.

Classification of Body Physique by Sheldon

a. Endomorphy – a type with relatively predominance of soft,


roundness through out the regions of the body. They have low
specific gravity. Persons with typically relaxed and comfortable
disposition.
b. Mesomorphy – athletic type, predominance of muscle, bone
and connective tissue, normally heavy, hard and firm, sting and
tough. They are the people who are routinely active and
aggressive, and they are the most likely to commit crimes.
c. Ectomorphy – thin physique, flat chest, delicacy through the
body, slender, poorly muscled. They tend to look more fatigue
and withdrawn.

3. Edwin Sutherland (1883 - 1950) - Sutherland has been referred to as “the


most important criminologist of the twentieth century” because his
explanation about crime and criminal behavior can be seen as a corrected
extension of social perspective. For this reason, he was considered as the
“Dean of Modern Criminology.” He said that crime is learned and not
inherited.

He advocated the DAT – Differential Association Theory, which maintain


that the society is composed of different group organization, the societies
consist of a group of people having criminalistic tradition and anti-criminalistic
tradition. And that criminal behavior is learned and not inherited. It is learned
through the process of communication, and learning process includes
technique of committing the crime, motive and attitude.

4. Walter Reckless (1899 - 1988) - The Containment Theory assumes that


for every individual there exists a containing external structure and a
protective internal structure, both of which provide defense, protection or
insulation against crime or delinquency. According to Reckless, the outer
structure of an individual are the external pressures such as poverty,
unemployment and blocked opportunities while the inner containment refers
to the person’s self control ensured by strong ego, good self image, well
developed conscience, high frustration tolerance and high sense of
responsibility. (Adler, 1995)

5. Karl Marx, Frederick Engel, Willem Bonger (1818 -1940) -They are the
proponents of the Social Class Conflict and Capitalism Theory. Marx and
Engel claim that the ruling class in a capitalist society is responsible for the
creation of criminal law and their ideological bases in the interpretation and
enforcement of the laws. All are reflected in the ruling class, thus crime and
delinquency are reflected on the demoralized surplus of population, which is
made up of the underprivileged usually the unemployed and underemployed.
Willem Bonger, a Marxist-Socialist, on the other hand, placed more emphasis
on working bout crimes of economic gain. He believes that profit -motive of
capitalism generates an egoistic personality. Hence, crime is an inevitable
outcome.

LATE 20TH CENTURY: THE CONTEMPORARY PIONEERS

1. Robert King Merton (1910) - Robert Merton is the premier sociologist of


the modern days who, after Durkheim, also related the crime problem to
anomie. He advocated the Strain Theory, which maintains that the failure of
man to achieve a higher status of life caused them to commit crimes in order
for that status/goal to be attained. He argued that crime is a means to
achieve goals and the social structure is the root of the crime problem.
Merton’s explanation to criminal behavior assumes that people are law
abiding but when under great pressure will result to crime.

2. Albert Cohen (1918) - He advocated the Sub-Culture Theory of


Delinquency. Cohen claims that the lower class cannot socialize effectively
as the middle class in what is considered appropriate middle class behavior.
Thus, the lower class gathered together share their common problems,
forming a subculture that rejects middle class values. Cohen called this
process as reaction formation. Much of this behavior comes to be called
delinquent behavior; the subculture is called a gang and the kids are called
delinquents. He put emphasis on the explanation of prevalence, origins,
process and purposes as factors to crime.

3. Gresham Sykes (1922) - He advocated the Neutralization Theory. It


maintains that an individual will obey or disobey societal rules depending
upon his or her ability to rationalize whether he is protected from hurt or
destruction. People become law abiding if they feel they are benefited by it
and they violate it if these laws are not favorable to them.

4. Lloyd Ohlin (1928) - He advocated the DOT – Differential Opportunity


Theory. This theory explained that society leads the lower class to want
things and society does things to people. He claimed that there is differential
opportunity, or access, to success goals by both legitimate and illegitimate
means depending on the specific location of the individual with in the social
structure. Thus, lower class groups are provided with greater opportunities for
the acquisition of deviant acts.

5. Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - 1982) -


They are the advocates of the Labeling Theory – the theory that explains
about social reaction to behavior. The theory maintains that the original cause
of crime cannot be known, no behavior is intrinsically criminal, and behavior
becomes criminal if it is labeled as such.

6. Earl Richard Quinney (1934) – He was a Marxist criminologist who


advocated the Instrumentalist Theory of capitalist rule. He argued that the
state exist as a device for controlling the exploited class – the class that
labors for the benefit of the ruling class. He claims that upper classes create
laws that protect their interest and at the same time the unwanted behavior
of all other members of society. Quinney major contribution is that he
proposed the shift in focus from looking for the causes of crime from the
individual to the examination of the Criminal Justice System for clues.
OTHER THEORISTS

1. Charles Darwin’s Theory (1809 - 1882) - In the theory of evolution, he


claimed that humans, like other animals, are parasite. Man is an organism
having an animalistic behavior that is dependent on other animals for
survival. Thus, man kills and steals to live.

2. Charles Goring’s Theory (1870 - 1919) - The medical officer in prison in


England who accepted the Lombroso’s challenge that body physique is a
determinant to behavior. Goring concluded that there is no such thing a
physical chemical type. He contradicted the Lombroso’s idea that criminality
can be seen through features alone. Nevertheless, Goring accepted that
criminals are physically inferior to normal individuals in the sense that
criminals tend to be shorter and have less weight than non-criminals.

3. Earnest Hooton’s Theory (1887 - 1954) - An Anthropologist who


reexamined the work of Goring and found out that “Tall thin men tend to
commit forgery and fraud, undersized men are thieves and burglars, short
heavy person commit assault, rape and other sex crimes; where as mediocre
(average) physique flounder around among other crimes.” He also contended
that criminals are originally inferior; and that crime is the result of the impact
of environment.

4. Adolphe Quetelet (1796 - 1874) - Quetelet was a Belgian Statistician who


pioneered Cartography and the Carthographical School of Criminology that
placed emphasis on social statistics. He discovered, basing on his research,
that crimes against persons increased during summer and crimes against
property tends to increase during winter.

HISTORICAL TIMELINE OF THE THEORIES – Semi Final

The history of criminology dates back from the works of criminological


thinkers or theorists in criminology. The origins of criminology are usually located in
the late-eighteenth-century writings of those who sought to reform criminal justice
and penal systems that they perceived as cruel, inhumane, and arbitrary. These old
systems applied the law unequally, were subject to great corruption, and often used
torture and the death penalty indiscriminately.

THEORY MOTIVE
Demonology (5,000 BC-1692 AD) Demonic Influence
Astrology (3500 BC-1630 AD) Zodiac/Planetary Influence
Theology (1215 BC-present) God's will
Medicine (3000 BC -present) Natural illness
Academic underachievement/bad
Education (1642-present)
teachers
Psychiatry (1795-present) Mental illness
Psychoanalysis (1895-present) Subconscious guilt/defense mechanisms
Classical School of Criminology
Free will/reason/hedonism
(1690--)
Positive School of Criminology Determinism/beyond control of
(1840--) individual
Phrenology (1770-1875) Bumps on head
Cartography (1800-present) Geographic location/climate
Mental Testing (1895-present) Feeble-mindedness/retardation/low IQ
Osteopathy (1892-present) Abnormalities of bones or joints
Chiropractics (1895-present) Misalignment of spine/nerves
Imitation (1843-1905) Mind on mind crowd influences
Economics (1818-present) Poverty/economic need/consumerism
Case Study Approach (1909-
Emotional/social development
present)
Social Work (1903-present) Community/individual relations
Sociology (1908-present) Social/environmental factors
Castration (1907-1947) Secretion of androgen from testes
Ecology (1927-present) Relation of person with environment
Transexualism (1937-1969) Trapped in body of wrong sex
Psychosurgery (1935-1959) Frontal lobe dysfunction/need lobotomy
Culture Conflict (1938-1980) Conflict of customs from “old” country
Differential Association (1939-
Learning from bad companions
present)
Anomie (1938-present) State of normlessness/goal-means gap
Differential Opportunity (1961-
Absence of legitimate opportunities
present)
Alienation (1938-1975) Frustration/feeling cut off from others
Hostile attitude/crisis/sense of
Identity (1942-1980)
sameness
Making heroes out of legendary
Identification (1950-1955)
criminals
Outer temptation/inner resistance
Containment (1961-1971)
balance
Prisonization (1940-1970) Customs and folkways of prison culture
Gang Formation (1927-present) Need for acceptance, status, belonging
Behavior Modification (1938-1959) Reward/Punishment Programming
Soft targets/absence of crime
Social Defense (1947-1971)
prevention
Guided Group Interaction (1958-
Absence of self-responsibility/discussion
1971)
Interpersonal Maturity (1965-1983) Unsocialized, subcultural responses
Sociometry (1958-1969) One’s place in group network system
Dysfunctional Families (1958-
Members “feed off” other’s neurosis
present)
White-collar Crime (1945-present) Cutting corners/bordering on illegal
Weak social bonds/natural
Control Theory (1961-present)
predispositions
Strain Theory (1954-present) Anger, relative deprivation, inequality
Subcultures (1955-present) Criminal values as normal within group
Labeling Theory (1963-1976) Self-fulfilling prophecies/name-calling
Neutralization (1957-1990) Self-talk, excuses before behavior
Drift (1964-1984) Sense of limbo/living in two worlds
Reference Groups (1953-1978) Imaginary support groups
Operant Conditioning (1953-1980) Stimuli-to-stimuli contingencies
Reality Therapy (1965-1975) Failure to face reality
Gestalt Therapy (1969-1975) Perception of small part of "big picture"
No communication between inner
Transactional Analysis (1961-1974)
parent-adult-child
Learning Disabilities (1952-1984) School failure/relying on "crutch"
Biodynamics (1955-1962) Lack of harmony with environment
Nutrition and Diet (1979-present) Imbalances in mineral/vitamin content
Metabolism (1950-1970) Imbalance in metabolic system
Biofeedback (1974-1981) Involuntary reactions to stress
Environment triggers inherited
Biosocial Criminology (1977-1989)
"markers"
The "New Criminology" (1973-1983) Ruling class oppression
Conflict Criminology (1969-present) Structural barriers to class interests
Critical Criminology (1973-present) Segmented group formations
Radical Criminology (1976-present) Inarticulation of theory/praxis
Left Realism (1984-present) Working class prey on one another
Criminal Personality (1976-1980) Errors of thinking
Criminal Pathways Theory (1979- Critical turning/tipping points in life
present) events
Feminism (1980-present) Patriarchial power structures
Low Self Control Theory (1993-
Impulsiveness, Sensation-seeking
present)
General Strain Theory (1994-
Stress, Hassles, Interpersonal Relations
present)

CRIMES OF THE MODERN WORLD

The crimes in the modern world represent the latest and the most dangerous
manifestations of the something-for-nothing-complex problems of society. This
includes Organized Crimes, White-Collar Crimes, Conventional Cries, Victimless
Crimes and the so-called Transnational Crimes. The transnational character of many
crimes in this modern world, although not new, has not been fully recognized until
recently. Crime was traditionally viewed as a purely domestic law enforcement issue
and, therefore, treated and addressed as an exclusive concern of individual states.
As such crimes, being a new threat to domestic and international interest and
security, has given recognition to be known as Transnational Crimes.

Transnational crime is an offense that has an international dimension and


implies crossing at least one national border before, during or after the fact. This
include but not limited to illegal drug trafficking, money laundering, terrorism, arm
smuggling, piracy, kidnapping, trafficking in persons, and cyber crimes. Most of
these crimes falling under this category reflect connection with organized and
white-collar criminals.

ORGANIZED CRIMES

An organized Crime is a criminal activity by an enduring structure or


organization developed and devoted primarily to the pursuit of profits through
illegal means. It is sometimes referred to as the “MOB”, “MAFIA”, “SYNDICATE” or
the “COSA NOSTRA”, which are known as “the enemy with in”, “the 2nd
government“, “the 5th estate” or the “crime confederation.”

The term Cosa Nostra (literally means “one thing”) or mafia is use to signify
organized crimes, and one of the varieties names for either mob or syndicate. A
strict code of conduct governs their behavior called the “Omerta” – the mafia’s code
of secrecy, and informal, unwritten code of organized crime, which demand silence
and loyalty, among other thing, of family members. (Abandinsky, 1991). Whatever
be the name, the organization is known to be formal, with division of labor, with
coordination of activities through rules and codes and with allocation of task in
order to achieve illegitimate goals. The organization seeks profit from crimes and
tries to prevent itself from threats, prosecution, and even punishment from legal
authorities.

Criminal organizations keep illegal actions secret, and members communicate


by word of mouth, therefore police will never be able to trace phone calls or letters.
Many organized crime operations have legal fronts, such as licensed gambling,
building construction, and trash hauling, or which operate in parallel with and
provide cover for drug trafficking, money laundering, prostitution, extortion, murder
for hire, hijacking, fraud, and insider trading. Other criminal operations engage in
human trafficking, political corruption, black marketeering, political violence, racist
and religiously motivated violence, terrorism, abduction, prison break and crimes
against humanity.

In order for a criminal organization to prosper, some degree of support is


required from the society in which it lives. Thus, it is often necessary to corrupt
some of its respected members, most commonly achieved through bribery,
blackmail, and the establishment of symbiotic relationships with legitimate
businesses. Judicial and police officers and legislators are especially targeted for
control by organized crime via bribes.

Globalization occurs in crime as much as it does in business. Criminal


organizations easily cross boundaries between countries. This is especially true of
organized groups that engage in human trafficking. The newest growth sectors for
organized crime are identity theft and online extortion. These activities are
troubling because they discourage consumers from using the Internet for e-
commerce. E-commerce was supposed to level the playing ground between small
and large businesses, but the growth of online organized crime is leading to the
opposite effect; large businesses are able to afford more bandwidth (to resist
denial-of-service attacks) and superior security. Furthermore, organized crime
using the Internet is much harder to trace down for the police (even though they
increasingly deploy cybercops) since police forces and law enforcement agencies in
general operate on a national level while the Internet makes it even more simple
for criminal organizations to cross boundaries and even to operate completely
remotely.

Organized Crime Families

Perhaps the best-known criminal organizations are the Sicilian and


American Cosa Nostra, most commonly known as the Mafia. The Neopolitan
Camorra, the Calabrian 'Ndrangheta, and the Apulian Sacra Corona Unita are
similar Italian organized crime groups.

Other notable groups include the Colombian drug cartels, the Mexican drug
cartels, The Irish Mob, the Japanese Yakuza, the Chinese Triads, the Russian Mafia,
the Mexican Mafia, the Indian Mafia, the Bulgarian Mafia, the Chechen mafia, the
Brazilian Comando Vermelho (CV) and Primeiro Comando da Capital (PCC), and the
Central American Mara Salvatrucha (MS-13). Prisoners may also be involved in
criminal organizations. Many terrorist groups, such as Hezbollah, Al Qaeda, the
Provisional IRA and the Ulster Defence Association also engage in criminal activity
such as trafficking and money laundering as well as terrorism.

World leaders throughout history who have been accused of running their
country like a criminal organization include Adolf Hitler, Joseph Stalin, Mao Zedong,
Augusto Pinochet, Idi Amin, Mobutu Sese Seko, Nicolae Ceauşescu, Francisco
Franco, Hugo Banzer, Chiang Kai-shek, Slobodan Milošević, Vladimir Putin, Silvio
Berlusconi, Alberto Fujimori (in league with his advisor Vladimiro Montesinos),
Senior General Than Shwe of Burma and various other dictators and military juntas.
Corrupt political leaders may have links to existing organized crime groups, either
domestic or international, or else may simply exercise power in a manner that
duplicates the functioning and purpose of organized crime.

In the past, criminal organizations have naturally limited themselves by their


need to expand. This has put them in competition with each other. This
competition, often leading to violence, uses valuable resources such as manpower
(either killed or sent to prison), equipment and finances. The Irish Mob boss of the
Winter Hill Gang (in the 1980s) turned informant for the FBI. He used this position
to eliminate competition and consolidate power within the city of Boston which led
to the imprisonment of several senior organized crime figures including Gennaro
"Jerry" Anguilo underboss of the Patriarca crime family. Infighting sometimes
occurs within an organization, such as the Castellamarese war of 1930-31 and the
Irish Mob Wars of the 1960s and 70s.

Today criminal organizations are increasingly working together, realizing that


it is better to work in cooperation rather than in competition with each other. This
has led to the rise of global criminal organizations such as Mara Salvatrucha. The
Sicilian Mafia in the U.S. have had links with organized crime groups in Italy such as
the Camorra, the 'Ndrangheta and the Sacra Corona Unita. The Sicilian Mafia has
also been known to work with the Irish Mob (John Gotti of the Gambino family and
James Coonan of the Westies are known to have worked together, with the westies
operating as a contract hit squad for the Gambino family after they helped Coonan
come to power) , the Japanese Yakuza and the Russian Mafia.

How the Organized Crime Group Works?

For the organization to work there must be:

1. An Enforcer – one who make arrangements for killing and injuring


(physically, economically, psychologically) the members or non-members.

2. A Corrupter – one who bribes, buys, intimidates, threatens, negotiates, and


“sweet talks” into a relationship with the police, public officials or any else
who might help the members security and maintain immunity from arrest,
prosecution and punishment.

3. A Corruptee – a public official, usually not a member of the organization


family, who can wield influence on behalf of the organization’s interest.

Sources of Illegal Profit

The organization gains from goods and services that are of great demand by
the society but are prohibited by law. It includes but not limited to most victimless
crimes such as illegal drugs, alcohol, gambling, pornography, and including bank
fraud, extortion or racketeering and others.

Characteristics of Organized Crimes

1. It is a conspiracy activity involving coordination of members.


2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates, and victims.
6. Organized crimes does not include terrorist dedicated to political change.

Generic Types of Organized Crimes

1. Political Graft – manned by political criminals (Political Graft), who use of


force and violence of a means to obtain profit or gain, and or achieving
political aims or ambitions. An example of this is vote buying, and the
employment of private armies to control a certain political area.

2. The Mercenary/Predatory Organized Crime – crimes committed by groups for


direct personal profit but prey upon unwilling victims. Example:
extortionist/racketeer

3. In – Group Oriented Organized Crime – groups manned by semi organized


individual whose major goals are for psychological gratification such as
adolescent gangs. Example: Motorcycle Gangs

4. Syndicated Crime – the organization that participates in illicit activity in


society by the use of force, threat, or intimidation. The group with a formal
structure – whose purpose is to provide elicit services, which are in strong
public demand through the use of secrecy on the part of the associates. There
is assurance of protection necessary for its operations through political
corruption or avoidance of prosecution.

Essential Composition of Organized Crime

Organized crime needs professional criminals to successfully operate in the


organization. Professional crimes refer to occupations or their incumbents, which
possesses various traits including useful knowledge that requires lengthy training,
service orientation and code of ethics that permits occupations to attempt to obtain
autonomy and independence with high prestige and remuneration.

Characteristics of Professional Crimes (Sutherland)

1. Crime is a sole means of livelihood.


2. Careful planning and reliance upon technical skills and methods.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules, codes of behavior, and
mutual specialized language.

Criminological Types of Organized Crimes

1. Traditional Crime Syndicates.


2. Non-traditional Crime Syndicates
3. Semi- Organized Crime
4. Politically Controlled Organized Crime

Controlling Organized Crimes

Organized crimes can be controlled through: Law Enforcement Effort,


Organization of Anti-Organized Crime measures, Community Awareness and
Cooperation

Philippine Center for Transnational Crime


In response to organized criminal activities, the Philippine government has
instituted programs and projects to address these threats to national and
international interest and security. It has created the Philippine Center on
Transnational Crime (PCTC) (E.O. No.62 s1999) to establish a shared central
database among concerned agencies for information on criminals, methodologies,
arrests, and convictions on transnational crime in all its forms. Apart from this, the
Center is mandated to discharge the following:

1. Supervise and control conduct of anti-transnational crime operations of all


government agencies and instrumentalities:
2. Establish a central database on national as well as international legislations
and jurisprudence on transnational crime, with the end in view of
recommending measures to strengthen responses and provide immediate
intervention for the prevention, detection and apprehension of criminals
operating in the country;
3. Establish a center for strategic research on the structure and dynamics of
transnational crime, predict trends and analyze relationships of given factors
for the formulation of strategies to combat the same;
4. Design programs and projects aimed at enhancing national capacity-building
in combating transnational crime, as well as supporting the related programs
and projects of other ASEAN and international centers; and
5. Explore and coordinate information exchanges and training with other
government agencies, foreign countries and international organizations
involved in containing and eliminating transnational crime.

Executive Order No. 100 s1999

To further strengthen the operational, administrative and information support


system of the PCTC, E.O. No. 100 s1999 empowered the Center to exercise general
supervision and control over the following:

1. Loop Center of the National Action Committee on Anti-Hijacking and Terrorism


(NACAHT) whose primary mission is to assist and support the NACAHT in
integrating and orchestrating the efforts of all law enforcement agencies
against international and domestic terrorism;
2. International Criminal Police Organization ICPO-INTERPOL NCB-Manila which
has been reconstituted to serve as the national liaison office and main
coordinating body for international police cooperation against transnational
crime;
3. Police Attachés of the Philippine National Police (PNP); and
4. Political Attachés/ Counselors for Security Matters of the Department of the
Interior and Local Government (DILG)

WHITE COLLAR CRIMES

Edwin Sutherland defined white-collar crime as criminal acts committed by a


person of respectability and high social status in the course of his or her occupation.

Forms of White Collar Crimes

1. Corporate crimes - the violation of a criminal statute either by a corporate


entity or by its executives, employees or agents, acting on behalf of and for
the benefit of the corporation, partnership or other business entity.
2. Environmental crimes - violation of criminal law which, although typically
committed by businesses or by business officials, may also be committed by
other persons or organizational entities, and which damage some protected or
otherwise significant aspect of the natural environment.
3. Occupational crimes - any act punishable by law, which is committed
through opportunity created in the course of an occupation that is legal.

 Organizational Occupational Crime - crimes committed for the benefit of


the entire organization in such instances only the organization or the
employer, not individual employees.
 State Authority Occupational Crime - crimes by officials through the
exercise of their state-based authority. Such crime is occupation
specific, and can only be committed by person in public office or by
working for such persons.
 Professional Occupational Crime - crimes by professionals in their
capacity as professionals. The crimes of physicians, attorneys,
psychologists, and the like are included here.
 Individual Occupational Crime - crimes by individuals as individuals
which include income tax evasion, theft of goods and services by
employees, the filing of false expense report, and the like.

Occupational crimes also refer to:

 White-collar crime (Sutherland)


 Avocational crime - committed by one who does not think for himself as
criminal and whose major source of income is something other than crime.
 Corporate crime - committed by corporate officials for their corporations and
the offenses of the corporation and the offenses of the corporation itself.
 Economic crime - illegal activity that principally involves deceit,
misrepresentation, concealment, manipulation, breach of trust and illegal
circumvention.
 Organizational crime - illegal actions taken in accordance with operative
organizational goals that seriously harm employees or the general public.
 Upper-world crime - law-breaking acts, committed by those who, due to their
positions in the structure, have obtained specialized kinds of occupational
slots essential for the commission of these offenses.

Types and Schemes of White Collar Crimes

1. Bank Fraud: To engage in an act or pattern of activity where the purpose is


to defraud a bank of funds.
2. Blackmail: A demand for money or other consideration under threat to do
bodily harm, to injure property, to accuse of a crime, or to expose secrets.
3. Bribery: When money, goods, services, information or anything else of value
is offered with intent to influence the actions, opinions, or decisions of the
taker. You may be charged with bribery whether you offer the bribe or accept
it.
4. Cellular Phone Fraud: The unauthorized use, tampering, or manipulation of
a cellular phone or service. This can be accomplished by either use of a stolen
phone, or where an actor signs up for service under false identification or
where the actor clones a valid electronic serial number (ESN) by using an ESN
reader and reprograms another cellular phone with a valid ESN number.
5. Computer fraud: Where computer hackers steal information sources
contained on computers such as: bank information, credit cards, and
proprietary information.
6. Counterfeiting: Occurs when someone copies or imitates an item without
having been authorized to do so and passes the copy off for the genuine or
original item. Counterfeiting is most often associated with money however
can also be associated with designer clothing, handbags and watches.
7. Credit Card Fraud: The unauthorized use of a credit card to obtain goods of
value.
8. Currency Schemes: The practice of speculating on the future value of
currencies.
9. Embezzlement: When a person who has been entrusted with money or
property appropriates it for his or her own use and benefit.
10. Environmental Schemes: The over billing and fraudulent practices
exercised by corporations which purport to clean up the environment.
11. Extortion: Occurs when one person illegally obtains property from
another by actual or threatened force, fear, or violence, or under cover of
official right.
12. Forgery: When a person passes a false or worthless instrument such as
a check or counterfeit security with the intent to defraud or injure the
recipient.
13. Health Care Fraud: Where an unlicensed health care provider provides
services under the guise of being licensed and obtains monetary benefit for
the service.
14. Insider Trading: When a person uses inside, confidential, or advance
information to trade in shares of publicly held corporations.
15. Insurance Fraud: To engage in an act or pattern of activity wherein
one obtains proceeds from an insurance company through deception.
16. Investment Schemes: Where an unsuspecting victim is contacted by
the actor who promises to provide a large return on a small investment.
17. Kickback: Occurs when a person who sells an item pays back a portion
of the purchase price to the buyer.
18. Larceny/Theft: When a person wrongfully takes another person's
money or property with the intent to appropriate, convert or steal it.
19. Money Laundering: The investment or transfer of money from
racketeering, drug transactions or other embezzlement schemes so that it
appears that its original source either cannot be traced or is legitimate.
20. Racketeering: The operation of an illegal business for personal profit.
21. Securities Fraud: The act of artificially inflating the price of stocks by
brokers so that buyers can purchase a stock on the rise.
22. Tax Evasion: When a person commits fraud in filing or paying taxes.
23. Telemarketing Fraud: Actors operate out of boiler rooms and place
telephone calls to residences and corporations where the actor requests a
donation to an alleged charitable organization or where the actor requests
money up front or a credit card number up front, and does not use the
donation for the stated purpose.
24. Welfare Fraud: To engage in an act or acts where the purpose is to
obtain benefits (i.e. Public Assistance, Food Stamps, or Medicaid) from the
State or Federal Government.
25. Weights and Measures: The act of placing an item for sale at one
price yet charges a higher price at the time of sale or short weighing an item
when the label reflects a higher weight.
26. Advanced Fee Schemes: Actor induces victim to give him some type
of advanced fee in return for a future benefit. The future benefit never occurs
and victim never receives the advanced fee back.
27. Airport Scam: Actor approaches victim in an airport stating that the
newspaper stand cannot change his one hundred dollar bill and asks the
victim for change. Victim provides actor with the change, actor returns to the
store to get the one hundred dollar bill back, however, never returns to
victim.
28. Auto Repair: Actor hangs out around an auto repair shop and
approaches victims who leave after getting estimates. Actor claims to do work
off duty at a very low cost. Once actor has the car, inferior work is completed
and victim cannot get the return of the car until the very high bill is paid.
29. Check Kiting: A bank account is opened with good funds and a rapport
is developed with the bank. Actor then deposits a series of bad checks but
prior to their discovery, withdraws funds from the bank.
30. Coupon Redemption: Grocery stores amass large amounts of coupons
and redeem them to manufacturers when in fact merchandise was never sold.
31. Directory Advertising: Actor either impersonates sales person from a
directory company like the yellow pages or fraudulently sells advertising
which the victim never receives.
32. Fortune Telling: Actor advises victim that victim is cursed. Actor
advises victim that the curse must be removed. Actor advises that she must
meditate to the spirits and will require payment. Over a period of time, victim
pays fortune teller thousands of dollars to remove curse.
33. Gypsies: Actor states that victims’ money is cursed. In order to remove
the curse, the money must be placed into a bag or box that the actor
provides. The bag or box is switched. Actor advises victim to perform certain
rituals over the money and the curse will be removed. The bag or box cannot
be opened for a period of time when it is opened, the money is gone.
34. Home Improvement: Actor approaches a home owner with a very low
estimate for a repair or improvement. Inferior or incomplete work is
performed. Once the repairs are completed, actor intimidates the victim to
pay a price much greater than the original estimate.
35. Inferior Equipment: Actors travel around selling inferior equipment
such as tools at high prices.
36. Jamaican Switch: Actor #1 approaches a victim looking for the
address of a prostitute. Actor #1 shows a large sum of money to the victim.
Actor #2 arrives and tells Actor #1 where he can find the prostitute but
cautions on taking all the money as the prostitute might rob him. Actor #1
asks the victim to hold the money for him. Actor #1 puts his money into a
handkerchief with the victim’s money. Actor #1 shows the victim how to hide
the money under his arm, inside his shirt while switching handkerchiefs.
Victim takes the handkerchief and the parties split up, however, Actor #1
leaves with victim’s money.
37. Land Fraud: Actor induces victim to purchase tracks of land in some
type of retirement development which does not exist.
38. Odometer Fraud: Unscrupulous used car salesman purchased used
cars and turns back the odometers. The used car is sold at a higher price due
to its low mileage.
39. Pigeon Drop: Actor #1 befriends the victim. Actor #2 shows both
Actor #1 and victim a "found" package containing a large amount of cash.
Actor #1 insists that the found money be divided equally but only after each
person puts up his own money to demonstrate good faith. All the money is
put in one package and the package is later switched.
40. Police Impersonation: Actor tells victim that his bank is being
operated by fraudulent bank officers. Actor instructs victim to take money out
of bank and place it into a good bank. After the money is withdrawn, the
actor allegedly takes the money to the police station for safe keeping. The
victim never sees the money again.
41. Ponzi: An investment scheme where the actor solicits investors in a
business venture, promising extremely high financial returns or dividends in a
very short period of time. The actor never invests the money, however, does
pay dividends. The dividends consist of the newest investors funds. The first
investors, pleased to receive dividends, encourage new investors to invest.
This scheme falls apart when the actor no longer has sufficient new investors
to distribute dividends to the old investors or the actor simply takes all the
funds and leaves the area.
42. Pyram id: An investment fraud in which an individual is offered a
distributorship or franchise to market a particular product. The promoter of
the pyramid represents that although marketing of the product will result in
profits, larger profits will be earned by the sale of franchises. For example, if
a franchise price is P10, 000.00, the seller receives P3, 500.00 for every
franchise sold. Each new franchise purchaser is presented with the same
proposal so that each franchise owner is attempting to sell franchises. Once
the supply of potential investors is exhausted, the pyramid collapses. Many
times, there are no products involved in the franchise, simply just the
exchange of money.
43. Quick Change: Victim is confused by actor’s speedy series of money
exchanges and in the end, is short changed.
44. Shell Game: Actor #1 manipulates a pea beneath three walnut shells
or bottle caps. Actor #1 moves the caps around and shows victim the cap
with the pea under it. With the encouragement of another player, also Actor
#2, victim places larger and larger bets as to which cap contains the pea. The
game is ended by Actor #1 when the take is large enough.
45. Utilities Impersonators: Actor impersonates utilities employees by
wearing jumpsuits with name tags. Actor approaches victim with story about
a gas leak or electrical surge to gain entry to the home. Valuables are taken
by actor.
46. VCR Scam: Actor purports to sell new VCR's or televisions at an
extremely low cost due to his connections. Victim pays for the VCR or
television only to discover that the box has been filled with rocks.
47. West African Investment Scams: Actors target businesses and
obtain business' bank account information from which all funds are later
withdrawn.

Dealing with White-Collar Crimes

Gary Green pointed out that professional criminals would probably continue to
enjoy immunity from prosecution. Hence, they are unlikely to be deterred by
sanction or threat and are unlikely to be formally disqualified by their professional
organizations. They will there fore feel free and are free to continue or begin their
activities (Schmallenger, 1999). James W. Coleman suggests four areas of reform,
which white-collar crime might be effectively addressed:

1. Ethical Reforms - reform include such things as working to establish stronger


and more persuasive codes of business ethics. Courses in ethical businesses
might be offered in universities, and corporations could school their
employees in right livelihood.

2. Enforcement Reforms - reform center on the belief that white-collar criminals


must be severely published, but also include such things as better funding for
enforcement agencies dealing with white-collar crime, and insulation of
enforcement personnel from undue political violations.

3. Structural Reforms - involve basic changes in corporate structure to make


white-collar crime more difficult to commit such as selective nationalization of
firms that have long records of criminal violations.

4. Political Reforms - focus on eliminating campaign contributions from


corporations and businesses, but also include the level of fairness in
determining government grants and contracts, the government must serve as
a police itself. This includes the enforcement of laws and the regulation of the
activities of elected officials and administrative personnel.
THE CONVENTIONAL CRIMES

Conventional crimes are those traditional, illegal behaviors that most people
think of as crime. Most crime is conventional crime. Non-conventional crime may be
organized crime, white-collar crime, political crime, etc. Conventional crimes are
groups of crimes categorized as violent crimes (index crimes) and property crimes.
It has been argued that cyber crime is just a conventional crime committed with
high-tech devices.

Violent Crimes - Violent crimes are criminal acts, which in the threat of or
actual physical harm by an offender to a victim. It presents not only index offenses
that every one recognizes as violent (murder, rape, robbery) or other acts involving
force and intimidation but also “violent crimes” that are commonly categorized as
“social problem” such as domestic violence, child abuse, elder abuse, etc.

Violent acts are in the forms of:

1. Interpersonal Violence - Forcible Rape. Murder, Serious Assault, Family


Violence, Robbery
2. Political Violence - Terrorism
3. Collective Violence - Riots, Mobs, Crowds, Urban Violence

Property Crimes - are crimes of economic interest. It includes those crimes


that would most commonly be categorized as theft in ordinary language. It also
includes but not limited to offenses such as unlawful entry to commit theft,
shoplifting, vandalism, and arson. Property crimes are also in the forms of:

1. Occasional Property Crimes - Shoplifting, Vandalism, Motor vehicle theft,


Check Forgery
2. Conventional Property Crimes - Burglary/unlawful entry to commit theft,
Fence, Larceny/Theft

Violent Crimes (Index Crimes)

Murder – is the unlawful killing of human being with malice and with the “act
of violence”. Serial Murder – an act involving killing of several victims in three or
more separate incidents over a week, a month or year. Mass Murder – it is the
killing of four or more victims at one location with one event. Spree Murder – the
killing of in two or more locations with almost no time break between murders.

Homicide and Assault - Homicide is also unlawful killing with out the
qualifying circumstances of murder. It is generally regarded as the most commonly
committed of all the index crimes (based on the UCR offenses). Assault is called
“unlawful attack” to another person purposely to harm or inflict physical injuries. It
is a crime that involves offering to give bodily harm to a person or placing the
person in fear.
Robbery - INTERPOL defined robbery as “violent theft”. It is the taking of
property belonging to another with intent to gain by means of force upon things,
violence of intimidation against the person. It could be in the form of:

1. Robbery of person – “hold up cases”


2. Robbery in open place following sudden attack – “snatching cases”
3. Robbery in private premises – “forcible entry”
4. Robbery after preliminary association of short duration between victims and
offender
5. Robbery in case of previous association between victim and offender.
Types of Robbers

1. The Professional Robber – robber who has long-term commitment to the


crime of robbery as a major source of livelihood.
2. The Opportunist – the commonly known as “bandits”, one who has little
commitment to or specialization in robbery and one who is all purpose
property offender.
3. The Addict Robber – one who committed the crime of robbery to support the
drug habit. (Unplanned)
4. The Alcoholic Robber – like the addict robber who engages to robbery
occasionally in order to support his habit. (Unplanned)
5. The Muggers – they are the most feared robbers. They are semi-professional
robbers who are sometimes called “strong armed robbers” – the street
robbers who commit everything from snatching to the brutalization of the
victim.

Rape - is commonly defined as “carnal knowledge of a woman against her


will”. Rape is the fastest growing of all UCR index crime. It could be in the form of:

1. Real Rape – aggravated rape involving violence, weapons and attackers.


2. Simple Rape – anything else not fall as “real rape” such as: victims are
viewed as suspicious, particularly if the victim did not physically resist.

Rape is a violent crime due to the means employed usually characterized by


violence, aggression and domination. It has the general effect of “Rape Trauma
Syndrome” – refers to the adverse psychological impacts rape victims continue to
suffer long after the incident. It includes:

1. Sexual anxiety
2. Pervasive fear to the opposite sex
3. Problems in interpersonal relationship
4. General problem of unhappiness

Classification of Men who Rape

1. Anger Rape – sexual attack becomes a means of expressing anger or rage


and involves more physical assault upon the victim.
2. Power Rape – assailant primarily wishes to express his domination over the
victim.
3. Sadistic Rape – perpetrator combines the sexuality and aggression aims in
psychic desires to often torture or otherwise abuse the victim.

Family Violence - Family violence are violent crimes involving physical


assault by a family member to another family members such as the following:

1. Child Abuse – an attack or assault of an adult against the defenseless or


people who cannot defend themselves, usually by a parent to a child.
2. Spouse Abuse – “husband vs wife battering”

Types of Violent Offenders

1. Culturally Violent Offenders – those who live in cultures which violence is an


acceptable problem mechanism.
2. Criminally Violent Offenders – those who use violence as a means to
accomplish criminal acts.
3. Pathological Violent Offenders – those who commit violent crimes due to
mental disturbances.
4. Situational Violent Offenders – those who commit acts of violence on rare
occasions, often under provocations. They are the criminals “by passion”.

Property Crimes (Non-Index Crimes)

Occasional Property Crimes - Occasional Property crimes are group of


property crimes committed by ordinary property criminals with little progressive
knowledge on criminal techniques. Offenders injure or steal property on an
infrequent basis. They tend to commit crimes such as Auto theft of motor vehicle
theft, Shoplifting or good pilferage, Vandalism, Check Forgeries

Conventional Property Crimes - These are group of property crimes


committed by professional criminals on a persistent basis, which constitute form of
career criminality. Conventional property crimes include:

1. Burglary (Robbery) – unlawful entry of forcible entry in order to commit a


felony of theft.
2. The Fence – dealers of stolen properties, the act of “buy and sale of stolen
properties”
3. Larceny (theft) – simple taking of properties with intent to gain and without
the consent of the owner.

Destructive Property Crime – includes Arson – unlawful burning of


property on another such as:

1. Profit-motivated Arson – illustrated by insurance fraud


2. Revenge Arson – burning of properties due to hatred or spell jealousy
3. Vandalism Arson – fire is employed as a means of expressing vindictive
vandalism toward the property of a group of people or an individual.
4. Excitement Arson – those set by “pyromaniacs”
5. Sabotage Arson – fires during civil disturbances.

Cybercrime

Although the term cybercrime is usually restricted to describing criminal


activity in which the computer or network is an essential part of the crime, this
term is also used to include traditional crimes in which computers or networks are
used to enable the illicit activity.

Examples of cybercrime which the computer or network is a tool of the


criminal activity include spamming and criminal copyright crimes, particularly those
facilitated through peer-to-peer networks. Examples of cybercrime in which the
computer or network is a target of criminal activity include unauthorized access (i.e,
defeating access controls), malicious code, and denial-of-service attacks. Examples
of cybercrime in which the computer or network is a place of criminal activity
include theft of service (in particular, telecom fraud) and certain financial frauds.
Finally, examples of traditional crimes facilitated through the use of computers or
networks include Nigerian 419 or other gullibility or social engineering frauds (e.g.,
hacking "phishing", identity theft, child pornography, online gambling, securities
fraud, etc. Cyberstalking is an example of a traditional crime- harassment - that
has taken a new form when facilitated through computer networks.
Additionally, certain other information crimes, including trade secret theft and
industrial or economic espionage are sometimes considered cybercrimes when
computers or networks are involved. Cybercrime in the context of national security
may involve hacktivism (online activity intended to influence policy), traditional
espionage, or information warfare and related activities.

Another way to define cybercrime is simply as criminal activity involving the


information technology infrastructure, including illegal access (unauthorized
access), illegal interception (by technical means of non-public transmissions of
computer data to, from or within a computer system), data interference
(unauthorized damaging, deletion, deterioration, alteration or suppression of
computer data), systems interference (interfering with the functioning of a
computer system by inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data), misuse of devices, forgery (ID theft), and
electronic fraud.

THE VICTIMLESS CRIMES

In common understanding of what crime means is that the act implies that
there is both perpetrator and a victim of the wrongful behavior. With victimless
crimes, this general rule does not apply. Victimless crimes refer to those crimes
in which no clear victim is readily identifiable. In other words, the only injured party
is the offender, who engages in self-destructive behavior. These crimes are also
called moral offenses or vice. Many of these crimes generally refer to Public Order
Crimes – an offense that is consensual and lacks a complaining participant. It is
rare in these cases are victims who week prosecution.

Examples of Victimless Crimes

 Related to Sex Crimes (against Chastity): Adultery and, in general, sex


outside marriage where all those involved, including spouses, give consent.
Adultery without the spouse's consent is arguably not victimless, as it violates
the spouse's marriage contract rights, but it is also arguable that the non-
consenting spouse is the victim of a civil wrong, not a criminal wrong; Bigamy
and other non-traditional marital and family practices; Prostitution, other sex
work, and related acts. According to some people, prostitutes are "victims" of
economic circumstances; others point out that many strippers and ditch
diggers are "victims" of economic circumstances, and arguably so is anyone
who performs a service only for the money, but that doesn't mean stripping,
ditch digging or performing any other services solely for the money is or
should be a crime; Incest between legal adults where offspring cannot result
from the sexual activity.

 Related to Religion: Practice of religions or cults or superstitions other than


those locally sanctioned. Practices involving banned substances (such as
hallucinogens) or banned social arrangements (such as polygamy);
Blasphemy; Apostasy.

 Related to Financial Matters: Ticket scalping

 Related to Political Matters: In general, most specifically political crimes


are necessarily victimless, as they by definition are against the body politic
such as Flag Desecration or expressing negative opinion of prominent national
figure (e.g. Turkey, North Korea); Public obscenity, though offense (damage)
to others is possible; Treason; High Crimes and Misdemeanors, and other
abuses of Political power that do not involve specific persons; Electoral fraud,
where such fraud does not involve the votes of specific persons
 Related to Self-Preservation and Public Safety: Suicide; attempted
suicide; euthanasia.

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