NATIONAL TRAINING SCHOOL

POLICE PROFESSIONAL

NATIONAL POLICE OFFICERS

SCHOOL OF PERU

SYLLABES OF THE DIDACTIC UNIT OF

CRIMINOLOGY

III ACADEMIC SEMESTER

CRIMINAL INVESTIGATION AND PUBLIC ORDER SPECIALTY

- 2023 -

1
 OFFICER SCHOOL OF THE
NATIONAL POLICE OF PERU
CRIMINAL INVESTIGATION AND PUBLIC ORDER SPECIALTY

SILABUS
CRIMINOLOGY

YO. GENERAL DATA

PROGRAM : Regular process

EDUCATIVE AREA Professional development
COGNITIVE AREA : Personal development
YEAR OF STUDY : FIRST YEAR
SEMESTER HOURS: 16 weeks-64 academic hours
ACADEMIC PERIOD : III SEMESTER
START DATE : March 20, 2023
FINISH DATE: JULY 17, 2023
MODALITY : In person

II. FUNDAMENTALS OF THE SUBJECT

2.1. SUMILLA
The Subject is part of the Curriculum of Studies of the PNP Officer School, its
contents are aimed at the development of general aspects of Criminology,
Criminological Theories, Bio - Criminology and Socio - Criminology.

III. GOALS

TO. GENERAL OBJECTIVE

Enable effective action in the exercise of the police function through

knowledge of the different criminological types and the functioning of
criminal minds.
b. SPECIFIC OBJECTIVES

1. Induce logical discernment about the origins, causes and various

factors that influence crime.

2. Correlate the postulates of criminological theories that are part of

the domain of Criminology.

3. Identify the objective expressions of the genetic and endocrine

factors of crime, as well as the triggers of the crime.
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IV. CURRICULAR CONTENTS

I UNIT
CRIMINOLOGY AND ITS RELATIONSHIP WITH OTHER SCIENCES

WEEK CONCEPTUAL CONTENT CURRENT RESOURCES

ACADEMIC CONTENT PROCEDURAL CONTENT
FIRST Definition of It is investigating the Propose Multimedia
WEEK criminology. human being from effective policies equipment
1RA. SESSION Object and the most sublime to for your Videos
(02HOURS) nature of the most vile. control. Crime as Slideshow
criminology. Motivations that led a social problem. Tablet
Content. him to commit. It is Board
20/MAR/ 2023
Characteristics. doing, investigating,
Purpose. being interested,
Importance. understanding, social
Criminology and vocation, social
Sciences justice, to prevent
Penalties
crime.
(Criminal law,
Right
Criminal
Procedure,
Right
Penitentiary, and
Politics
Criminal.
SECOND Manage victim Criminology, a Multimedia
SESSION Criminology as a impact. Study people modern science, equipment
(02 HOURS) Science. Its in the moving offers scientific Videos
relationship with environment, with explanations. Slideshow
22/MAR/ 2023 Anthropology, scientific methods applied at the Tablet
Biology, Board
and analysis of reality scene. The crime
Psychology,
is complex.
Sociology,
Criminal policy

Bibliographic references :

· Alvarez, A. (2012). Crime and criminals. Evolution and adaptation to the

geographical and social environment. The profiler, n°7, 27-39.
· Cela. TO. (2016). X-ray of crime in the 21st century (I) Notebooks of criminology.
Year IX, no.

3
 II UNIT
HISTORICAL EVOLUTION OF CRIMINOLOGY

WEEK CONCEPTUAL CONTENT CURRENT RESOURCE

ACADEMIC CONTENT PROCEDURAL CONTENT S

SECOND Explain how Analyze the That Equipment

WEEK criminological historical evolution of reflect multimedia
1ST SESSION thinking has the on the evolution videos
(02 HOURS) been changing various of criminological Slideshow
over time, the criminological thought, and the Tablet
27/MAR/ 2023 appearance of schools, and their contributions of Board
various contribution to the
criminological research to criminological
through time schools over
schools
time

Distribution of Application Work Topics (TAI) and (TC)

2ND SESSION Explain the Know the various Reflect and Multimedia
(02HOURS) methods and methods and learn about the equipment
techniques techniques used in various Videos
29/MAR/ 2023 criminological investigation methods and Slideshow
that are used criminological, with techniques used Tablet
in research the purpose of in criminological Board
of the comparing the research.
criminality, statistics
analyze crime provided by various
statistics studies.
criminals

Bibliographic references:
- Ayos, J. AND. (2014). Crime prevention and criminological theories: three
problematizations of the present. Socio-Legal Studies, 16(2), 265-312. Doi:
dx.doi.org/10.12804/esj1
- SOLÍS ESPINOZA A.; 'Criminology: Contemporary Panorama'; Ed. Distribuidora
de Libros SA, Lima, Peru, 1984

4
 III UNIT
CRIMINALITY: BIOLOGICAL-PSYCHOLOGICAL-SOCIAL ASPECTS

WEEK CONCEPTUAL CONTENT CURRENT RESOURCE

ACADEMIC CONTENT PROCEDURAL CONTENT S
THIRD Explain Analyze throughout Reflect Multimedia
WEEK biological the years in which about genotypes equipment
1RA. theories of the biological and Videos
SESSION criminality; paradigms were criminal Slideshow
(02 HOURS) between they developed the phenotypes. Tablet
the purposes of the Workshop: case Board
criminal genetics. inherited and the study
03/APR/2023
Understand the congenital that were
aspects presupposed by the
biological criminal theory
psychological and
social

Understand the Know the biological Reflect on Multimedia

2DA. theories what bases of criminal cases, equipment
SESSION they want behavior and examples, Videos
02HOURS) explain that theories historical or Slideshow
hereditary traits are biotypological television Tablet
passed on and anecdotes or Board
05/APR/2023
what are the trends comments
and from the
biocriminological experience.
notions Workshop: case
study

Bibliographic references :

- Ambrosio, M. (2016) Criminal Behavior. Mexico

- Arostegui, M. (sf) Human biology and criminal behavior
- Available in: file:///C:/Users/BELEN/Downloads/Dialnet-
- HumanBiologyAndCriminalBehavior-2869876.pdf
- Ayos, J. AND. (2014). Crime prevention and criminological theories: three
problematizations of the present. Socio-Legal Studies, 16(2), 265-312. Doi:
dx.doi.org/10.12804/esj16.02.2014.09
- Reyes, Alfonso. (2016) Lessons in Criminology”, Colombian Association of
Criminology Temis, Bogotá

CRIMINAL ENDOCRINOLOGY
5
WEEK CONCEPTUAL CONTENT CURRENT RESOURCE
ACADEMIC CONTENT PROCEDURAL CONTENT S
QUARTER •Criminal •Known the •Reflect Multimedia
WEEK Endocrinology. endocrinology as one On the equipment
(02 HOURS) of the possible importance of Videos
1RA. SESSION •Relationship causes of endocrinology in Slideshow
between crime. the commission Tablet
10/APR/2023 hormonal of crimes Board.
functioning and •Known he
crime functioning •Criminology,
hormonal and crime and its causal
as an important interpretation,
factor in behavior To generate
criminal measures of
prevention.

•Sex and crime. •Know the •Reflect and Multimedia

2DA. SESSION relationship of recognize the equipment
(02 HOURS) •Sexual functioning importance and Videos
deviations. hormonal and crime, influence of sex Slideshow
12/APR/2023 as an important on crime. Tablet
factor in he Board.
criminal behavior.

•Recognize sexual
deviations and their
relationship with
crime.

Bibliographic references:

- Avanesov, g. 1995. Fundamentals of Criminology; Moscow, Ed, Progreso, - Reyes

Echandia, Alfonso. 2016. Criminology Lessons”, Colombian Association of
Criminology Temis, Bogotá.
- Momethiano Zumaeta, Eloy. 2007. Criminology: San Marcos Editions Lima Peru.

PSYCHOLOGICAL APPROACH TO CRIMINALITY

6
WEEK CONCEPTUAL CONTENT CURRENT RESOURCES
ACADEMIC CONTENT PROCEDURAL CONTENT

FIFTH Definition of Know the Reflect Multimedia

WEEK schools different about the equipment
(02 HOURS) psychological psychological importance of Videos
1RA. that have schools and their schools Slideshow
SESSION contributed to relationship with psychological Tablet
criminality crime. factors that Board
(Psychoanalysis, Know the explain criminal
17/APR/2023
behaviorism, classification of behavior. Reflect
Gestalt). psychosis, as well as and compare the
its importance in the classification of
explanation of psychosis and its
criminality. relationship with
crime.

Definition of Know the Reflect and Multimedia

2DA. psychosis and importance of analyze equipment
SESSION its classification: concepts of psychosis and Videos
(02 HOURS) Schizophrenia, psychosis, senile crime, Slideshow
paranoia, bipolar dementia, So how to Tablet
19/APR/2023 disorder psychoneurosis, analyze Board
(formerly manic- drug addiction and corresponding
depressive alcoholism and their cases
psychosis). relationship with
Definition of criminality
dementia
senile. The
psychoneurosis.
Drug addiction
and alcoholism.
Workshop: Study

Bibliographic references:

- Reyes Echandía, Alfonso. 2015. Criminology Lessons”, Colombian Association

of Criminology Temis, Bogotá.

- SOLÍS ESPINOZA A.; 'Criminology: Contemporary Panorama'; Ed. Distribuidora

de Libros SA, Lima, Peru, 1984

SOCIOLOGICAL APPROACH TO CRIMINALITY

WEEK CONCEPTUAL CONTENT CURRENT RESOURCES

7
ACADEMIC CONTENT PROCEDURAL CONTENT
SIXTH Approach Identify and Rate Multimedia
WEEK Sociological of recognize the the concepts equipment
1ST SESSION the postulates of the learned Videos
(02 HOURS) Criminality. sociological Participate in Slideshow
The world approach to crime. groups Tablet
24/APR/2023 surrounding and Analyze and Respect Board
crime; the understand the the opinion of
physical world characteristics of the your colleagues
and ecology. environment
environment and its
The social
relationship with
environment and
crime.
socialization Learn and
processes. differentiate the
Urban crime and factors and
rural crime. characteristics of
crime
urban and
rural.
Influence of the •Prepare a summary • Debate Multimedia
2ND SESSION family on of what was and argue in equipment
(02 HOURS) Criminality. apprehended. groups. Videos
The Analyze and • Assume Slideshow
26/APR/2023 irregular family understands the successfully Tablet
constellation. family and its carry out their Board.
schooling influence on crime. responsibilities
And the media. Learn about how in debates and
Technique and the school other related
crime. environment, the tasks
media and the with the
crime
Advance development of
economic or
white collar. of modern the subject.
Workshop: Case technology affects
Study crime.
Identify the
characteristics of
economic or white
collar crime.

SEVENTH
WEEK FIRST PARTIAL EXAM (EP 1)
01/MAY/2023
06/MAY/2023

Bibliographic references:
- SOLIS ESPINOZA Alejandro, “Criminology” –Contemporary Panorama Fifth
Edition-March 2017- Edit. Rhodes-Peru 2017 – Sociocriminological Trends

IV UNIT

8
 SOCIOCRIMINOLOGICAL TRENDS

WEEK CONCEPTUAL CONTENT CURRENT RESOURCE

ACADEMIC CONTENT PROCEDURAL CONTENT S
EIGHTH Concept of crime Differentiate Recognize Multimedia
WEEK as a synonym for delinquency and about the equipment
1RA. SESSION criminality criminality the different Videos
(02 HOURS) Sociocultural Theory of Anomy Theories Slideshow
explanation of and Theory of Social Sociocultural Tablet
crime: theory of Pathology and of the Board
08/MAY/2023
the Labeling. criminality
Cultural Conflict,
theory of the
Subculture
Criminal, theory
of Anomie, theory
of
Social
Pathology.
Theory of
Interactionism or
theory of the
Labeling

2DA. SESSION Importance of Know the Reflect Multimedia

(02 HOURS) Criminal Policy importance of about the equipment
and Social Criminal policy importance of Videos
10/MAY/2023 Reality given by politics Slideshow
the Criminal. Tablet
State. Board

Bibliographic references:
- Mental disorder and antisocial behavior. In J. Pérez (Coord.), Psychological
bases of crime and antisocial behavior (pp. 47-58). Barcelona: PPU. -Pedreira,
J. L., Rodríguez-Sacristán, J. and Buzeta, M. JH. (2014). Mental retardation in
forensic psychiatry.
- Cesar Herrero Herrero (2007) Criminology part Special and Special

IV UNIT
VIOLENCE - TYPES
9
WEEK CONCEPTUAL CONTENT CURRENT RESOURCES
ACADEMIC CONTENT PROCEDURAL CONTENT
NINTH WEEK Definition of the Know the object and Becoming Multimedia
1RA. SESSION Violence Chair nature of knowledgeable equipment
(02 HOURS) Causes the violence About: concept Videos
Origin Classes Its origin and definition of Slideshow
15/MAY/2023 or type. Classes or types violence Its
Tablet
. causes
Origin and its Board
classes

2DA. SESSION Manifestation of Know the Concept and Multimedia

(02 HOURS) The violence Manifestation Knowledge equipment
Consequence Of violence To Videos
17/MAY/2023 Of violence social Consequence Recognize the Slideshow
method of Social Method of manifestations of Tablet
correction Correction violence, its
Board
social
consequences
and
the

correction
methods

References bibliographical :

- ZAFFARINI EUGENIO 2012 CRIMINOLOGY

- EDITORIAL TEMIS BOGOTA- COLOMBIA VOLUME I PP 24 TO 28

10
 IV UNIT
THE CRIMINAL-TYPES

WEEK CONCEPTUAL CONTENT CURRENT RESOURCES

ACADEMIC CONTENT PROCEDURAL CONTENT
TENTH •Modality •Identify the •Assess the Multimedia
WEEK of the different different equipment
1RA. SESSION criminality modalities types Videos
(02 HOURS) Main role that of criminality. existing crimes. Tablet Slides
crime plays in Board
society. •Recognizes and •Become aware
22/MAY/2023 analyzes the role of of the
crime in our current importance of
society. the
concepts
acquired for
their future
police function

2DA. SESSION •Current Crime •Learn and •Debate Multimedia

(02 HOURS) Organized differentiate with his equipment
Crime. Types: between organized partners Videos
24/MAY/2023 organized crime crime Slideshow
and gangs. and bands Tablet
Board

Bibliographic references:
- Organized Crime written by Dr. Víctor Roberto Prado Saldarriaga
http://elcomercio.pe/politica/justicia/quien-rodolfo-orellana-asifunba-su-red-
delictiva-noticia-1771050
- Morán, S., (2010) Organized crime in Latin America: The forces against
organized crime in Mexico. Ibero-American Studies Center Editorial. Electronic
magazine.

11
 IV UNIT
VICTIMOLOGY

WEEK CONCEPTUAL CONTENT CURRENT RESOURCES

ACADEMIC CONTENT PROCEDURAL CONTENT
TENTH Problem of the Know the problems of Reflect Multimedia
FIRST victimology in victims in the about the equipment
WEEK Peru and the Peru to identify and conduct in the Videos
(02 HOURS) world. analyze the trends treatment to Slideshow
Introduction. and strategies to be the Tablet
29/MAY2023 Concept and taken. victims. Board
content.
Principles or
purposes of
victimology.
Guys of victim.
Genesis victim.
Consequences of
victimization.
Guys of
victimization.
Macro and
micro victimization
Dimensions,
prevention and
reduction strategies
and de-
victimization
Responses
social,
legal and
assistance
measures in favor
of victims aimed at
their reparation
and social
reintegration.

12
2DA. Victim in criminal Know the relationship Reflect on Multimedia
SESSION proceedings. and position of the compensation equipment
(02 HOURS) The victim inside victim in the Criminal and victim Videos
new criminal Procedure Code. assistance Slideshow
procedure code. regarding Tablet
The victim in sanction Board
01/JUN/2023
Penal.
criminal execution.
Attendance and
compensation to
victims.
Victim Assistance
Program.

PRESENTATION OF APPLICABLE WORKS TO TEACHERS (TAI

AND TC), FOR REVIEW AND APPROVAL.

BIBLIOGRAPHICAL REFERENCES :

⁻ Neuman, E (1994) Victimology. Second edition, restructured and expanded.

Universal Editorial, Buenos Aires, Argentina.
⁻ Rivera, A (1997) Victimology. First edition. Radar Legal Editions, Santa
Fe de Bogotá, Colombia.
⁻ Lent Terán, S. Victimology. At http://www.bibliojuridica.org/libros).
(The victim. At http://www.cartujo.org/pag (a32).htm).

TENTH
SECOND
WEEK SECOND PARTIAL EXAM (EP2)
05/JUN/2023
10/JUN/2023

13
 V UNIT
SOCIAL CONTROL OF CRIME

WEEK CONCEPTUAL CONTENT CURRENT RESOURCES

ACADEMIC CONTENT PROCEDURAL CONTENT
TENTH Definition of the The objectives are to The Cadet must Multimedia
THIRD concepts know in context what develop elements equipment
WEEK of control constitutes the of Videos
1RA. SESSION social and functions carried out judgment in his Slideshow
(02 HOURS) elements, of by the authorities future police Tablet
special prevention, within the social function when Board
12/JUN/2023 specific authors. control of crime. component
in the control
structure.

2DA. SESSION Know the Individualize each He cadet Multimedia

(02 HOURS) different type of mechanism must know the equipment
mechanisms that that the state different levels Videos
the state has to exercises to repress of state Slideshow
14/JUN/2023
repress the crime in society. repression in Tablet
offending which he will be Board
individual. active
participant

Bibliographic references:
- ZAFFARINI EUGENIO 2012 CRIMINOLOGY
- EDITORIAL TEMIS BOGOTA- COLOMBIA VOLUME I PP 24 TO 28

14
CRIMINOLOGY OF MINORS - PREVENTION OF ANTISOCIAL BEHAVIOR

WEEK CONCEPTUAL CONTENT CURRENT RESOURCE

ACADEMIC CONTENT PROCEDURAL CONTENT S
TENTH Criminology Know the criminality Reflect Multimedia
QUARTER of minors. of minors, age limits,
about the equipment
WEEK Criminology of responsibility andimportance of Videos
1RA. SESSION alcoholism. non-imputability of understanding the Slideshow
(02 HOURS ) minors, alcoholism, criminality Tablet
Criminology of of
prostitution, age limit, minors, Board
prostitution. responsibility alcoholism
and and
Program non-imputability of prostitution
19/JUN/2023
minors Reflect
prevention prostitution about it
It is essential to
Know the importance know the
of acting to prevent prevention to
and be subject to avoid cases
risk. and its
proliferation.

2DA. SESSION SUPPORTING APPLICATION WORKS (ONLY COLLABORATIVE WORK),

(02 HOURS) AND SENDING APPLICATION WORKS (TAI AND TC) TO THE EQUESA
AREA AI-EO PNP.
21/JUN/2023

Bibliographic references:
- SOLIS ESPINOZA Alejandro, “Criminology” –Contemporary Panorama Fifth
Edition-March 2017- Edit. Rhodes-Peru 2017
- Socio-criminological trends

15
 IV UNIT
PSYCHOSOCIAL PROFILE OF THE PERUVIAN CRIMINAL

WEEK CONCEPTUAL CONTENT CURRENT RESOURCES

ACADEMIC CONTENT PROCEDURAL CONTENT
TENTH Criminal Identify the types Reflect
FIFTH psychological Criminal psychological about Multimedia
WEEK profile. profile. the equipment
1RA. SESSION Areas of importance of Videos
(02 HOURS ) application of areas of Slideshow
the application of Tablet
criminological Board
26/JUN/2023 profile. the
criminological
Guys of criminal
profiles. profile.
Profile of
known attackers Recognize the
or method importance of the
inductive. Profile offender's
of unknown psychosocial and Reflect
attackers social profile and its about
either various factors. The
Deductive importance
method. of the
psychosocial
Psychosocial profile of the
profile of the offender and
Peruvian social and its
criminal. The various factors.
Socio-Economic
Factor. He
Factor
Psychosocial
PSYCHOSOCIAL PROFILE OF THE VENEZUELAN AND COLOMBIAN
CRIMINAL
2DA. SESSION Profile Recognize the psychosocial
Reflect Multimedia
(02 HOURS) psychosocial of profile of Venezuelan about the equipment
Venezuelan criminals importance of Videos
28/JUN/2023 criminals. The knowing the Slideshow
elements and Psychosocial Tablet
the profile of Board
Psychosocial Venezuelan
characteristics criminals
Profile  Reflect
psychosocial of Recognize the about the
Colombian psychosocial profile of importance of
criminals. slopes criminals knowing the
that Colombians. Psychosocial
Explain profile of
separately the
Colombian
violence
criminals
Colombia

16
Bibliographic references:

- Fernández Hoyos, Damián Riquelme. 2015. Manual of forensic psychology: the

art of psychological expertise, criminalistic approach, Lima: Editorial San
Marcos.
- Chaparro Guerra, Ayar and Serrano Maíllo, Alfonso coordinator. 2018.
Criminal law and criminology; Lima: Joshua editors.

Bibliographic references:
- Fernández Hoyos, Damián Riquelme. 2015. Manual of forensic psychology: the art
of psychological expertise, criminalistic approach, Lima: Editorial San Marcos.
- Chaparro Guerra, Ayar and Serrano Maíllo, Alfonso. 2018.
- Criminal law and criminology; Lima: Joshua editors.
- Ada Patricia Mendoza Beivide. 2018. Psychiatry for criminologists and psychiatrists;
Mexico: Trillas, 2015.

TENTH
SIXTH
WEEK FINAL SEMESTER EXAM (EF)
03/JUL/2023
08JUL/2023

JULY 10 TO JULY 15 EXAM OF LAGGARDS

JULY 17 TO JULY 22 SUBSTITUTE EXAM

17
V. METHODOLOGY

A. Teaching techniques will be oriented towards permanent teacher-cadet

interaction, framed in participatory culture and teamwork.

B. Permanent research and the exhibition of acquired knowledge will be

promoted.

C. The development of the curricular contents will be eminently objective

through the use of slides and reading about cases

SAW. EQUIPMENT AND MATERIALS

The teacher will use the following equipment and materials to develop the
subject:
A. EQUIPMENT
Virtual classes will be held via zoom, through the platform of the
National Police Training School
B. MATERIALS
It will provide students with reading and slides, as well as using videos
to reinforce teaching techniques.

VII. ASSESSMENT

Attendance at virtual classes is mandatory; otherwise, if there is no justification

from the Academic Sub-Directorate of the EO PNP, the Cadet will fail the
subject.

The learning evaluation process will be permanent and will include:

A. Interactive Formative Evaluation , in relation to the active participation

of the Cadet in the virtual classroom. The average of the oral
interventions will constitute the Oral Pass Mark.

B. Formative or Process Evaluation to check academic performance,

predict development possibilities for Cadets and reorient the
methodology, for which the following will be applied:

1. Two partial written exams (8th and 13th week), framed in the
models of the Objective Test, and may also contain development
18
 and problem situation type questions, in which the use of reflective
capacity, the correlation of criteria, analysis prevails. and logical
thinking.
2. An individual application work is monographic in nature on topics
related to syllabic content.

C. Summative Evaluation to check the level of cognitive, reflective and

logical thinking development, for which a final exam (17th week) will be
applied, with a similar characteristic used in the midterm exams.

D. The General Average will be calculated in accordance with the

provisions established in the Education Regime Manual of the PNP
Training Schools, as detailed below:

General average :

PG = PEP (3) + PO (1) + TA (2) +EF (4) 10

PEP = Average of Partial Exams

PO = Oral Step

TA = Monographic Research Work

EF = Final Exam

VIII. BASIC BIBLIOGRAPHY

A. AMERICAN PSYCHIATRIC ASSOCIATION; 'DSM–IV'; Washington DC,

USA, 2015.

B. ANDREASEN Nancy C. and Donald W. BLACK; 'Introductory Textbook

of Psychiatry'; American Psychiatric Publishing, Washington DC, USA,
2016

C. ESPINOZA VÁSQUEZ, Manuel. "Criminology". Edit Rhodes. Lima Peru.

2008.

D. GREENWOLD H.; 'Clandestine Prostitution in North America'; Editions

Siglo XX, Buenos Aires, Argentina, 2004.

E. HIDALGO JIMÉNEZ, Humberto. “Forensic Psychology: Psychological

roots of crime.” Edit Saint Mark. Lima Peru. 1996.

F. KRAFFT Richard Von – EBBING and A. MOLL; 'Sexual Psychopathy';

Ed. The Ateneo, Buenos Aires, Argentina, 2015.

19
G. MUÑOZ MARÍN L.; 'Criminal psychology'; Lima, Peru, (without year in the
original of the 1st Ed.).

H. OLIVERA DÍAZ G.; 'Peruvian Criminology'; Ojeda Workshop, Lima, Peru,

1987.

I. SÁNCHEZ GARCÍA J.; 'Personality disorders'; Diálogo SA, Lima, Peru,

2017

J. SCHATZBERG A. and NEMEROFF Ch.; 'Textbook of

Psychopharmacology'; American Psychiatric Press, Washington DC,
USA, 2008.

K. SIEGEL L. Criminology Eighth Edition Ed. THOMSON and

WADSWORTH 2003. BELMONT CA 94002-3098. USES.

L. SOLÍS ESPINOZA A.; 'Criminology: Contemporary Panorama'; Ed.

Distribuidora de Libros SA, Lima, Peru, 1984.

M. Von HENTIG HANS Criminology (causes and conditions of crime)

Editorial Atalaya Buenos Aires Argentina 2008.

20
 I UNIT
FIRST WEEK
1st Session
20/MAR/2023

CRIMINOLOGY AND ITS RELATIONSHIP WITH OTHER SCIENCES

Definition of Criminology. Object and nature of Criminology. Criminology and Criminal

Sciences (Criminal Law, Criminal Procedure, Penitentiary Law, and Criminal Policy).

ETYMOLOGICAL MEANING OF THE WORD CRIMINOLOGY

From an etymological point of view, the word criminology is composed of two words,
one Greek and the other Latin.

 From Latin: Criminos which means crime, crime; and

 From the Greek: Logos which means study, science, treatise.
According to its etymological source, it would be the study of crime or crime.
However, this notion is very broad and is confused with the concept of criminal
law.

CONCEPT OF CRIMINOLOGY

EDUARDO MIMBELA DE LOS SANTOS

Defines criminology as:
“The causal explanatory science of criminal behavior that aims to achieve an
objective judicial and penological assessment of the behavioral personality.”

GUILLERMO OLIVERA DIAZ

Conceptualizes criminology as:
“That science that, while explaining and studying the causes of criminal and
dangerous behavior, studies the personality of the criminal.”

ALFONSO QUIROZ CUARON

Mexican criminologist, defines criminology as:
“The synthetic, causal, explanatory, natural and cultural science of antisocial
behavior.”

ALEJANDRO SOLIS ESPINOZA

He points out that criminology is:
“An interdisciplinary science that studies the characteristics and factors of criminal
and antisocial phenomena, as well as the actors of said phenomena, and the Legal-
Criminal control system.”

21
DEFINITION OF THE CHAIR

Criminology is: “An empirical and interdisciplinary science that deals with crime, the
offender, the victim, and the social control of deviant behavior.”

EXPLANATION OF THE DEFINITION OF THE CHAIR

It is science because it provides verified knowledge. Due to its empirical method, it is

a science where the observation of reality predominates.

It is empirical because it is based on facts.

It is interdisciplinary, because it is supported by other sciences, such as Criminal
Biology, Human Medicine, Criminal Psychology, and Criminal Sociology.

Due to its object, it deals with crime, the offender, the victim and social control.
Crime is that human behavior that, in the opinion of the legislator, is in contradiction
with the purposes of the State and requires a penalty as a sanction.
The criminal is the subject who has committed a crime.
The victim is one who suffers an evil, in his person, property or rights, through no
fault of his own.
The social control of deviant behavior is the study of the mechanisms through which
the State deploys its power, its supremacy over individuals, ensuring that they
comply with its criminal regulations.

OBJECT OF STUDY OF CRIMINOLOGY

We can differentiate two trends:

One Traditional and one Contemporary.

I. OBJECT OF TRADITIONAL STUDY OF CRIMINOLOGY

Traditionally it was Crime and the Criminal.

From its beginnings, criminology tried to answer the reasons for crime and
criminal behavior.
This caused its challengers to point out that their object of study was neither their
own nor autonomous, since the legal notion of the crime depends on Criminal
Law. They called this Thesis of the Subordination of Criminology to Criminal
Law.
• Thesis of the Subordination of Criminology to Criminal Law
Criminal Law studies crime from its meaning and legal assessment.
• Equiparity Thesis
Criminology does it from a factual explanation

The Thesis of the Subordination of Criminology to Criminal Law was surpassed

by the Thesis of Equiparity; according to which both disciplines have a
differentiated and autonomous object of study, because both study crime from
different perspectives.
22
 Criminal Law studies crime from its meaning and legal assessment. Criminology
does it from a factual explanation (Related to the facts and not to the theory).

II. CURRENT OBJECT OF STUDY OF CRIMINOLOGY

Today the object of study of Criminology is crime, antisocial behavior, the

offender, the victim and social control.
Crime continues to be its central topic of study. However, its initial topic of study
has been expanded to encompass another form of non-criminal deviant behavior.

Antisocial Behavior, which has varying degrees of involvement with crime.

Among these we have juvenile delinquency, prostitution, drug addiction and
alcoholism.
It should be noted that within the object of study of Criminology, we find the
Actors of the Criminal Event, the offender and the victim. In the past, only the
criminal was considered; today, due to victimological studies, the analysis of the
victim's behavior is important for the crime to occur.

Social control is the set of practices, attitudes and values designed to maintain
the established order in societies. Although social control is sometimes carried
out by coercive or violent means, social control also includes non-specifically
coercive forms, such as prejudices, values, and beliefs.
Among the means of social control are those that we will call informal: Social
norms, religion, the media and propaganda, uses and customs; and the formal
ones constituted by the Criminal Law which includes sanctions.

CONTENT OR DELIMITATION OF ITS FIELD OF ACTION OR STUDY OF

CRIMINOLOGY

CONTENT

This item covers the field of action of criminology, that is, the delimitation of its
subject matter and field of study.
 The description of the crime.
 The factors that produce it (psychological, social, biological, moral, etc.)
 The personality of the author; and
 The victim of the criminal act.
 Social control.

CONCEPTUAL DIFFERENTIATION

CRIMINALISTICS CRIMINOLOGY INVESTIGATION

CRIMINAL
23
It is in charge of the study He is in charge of the It is responsible for
after the commission of the study Before, During and clarifying things after the
crime. After the crime. crime has been
committed.
It is based on the study of It is responsible for It is in charge of collecting
evidence that becomes studying the causes of testimonies, confessions,
proof. crime, the reason for the indications, evidence.
crime and the offender.
They are carried out by the Are carried out by They are carried out by
Experts. specialized professionals. investigations.

CRIMINOLOGY AND CRIMINAL SCIENCES

to. RELATIONSHIPS OF CRIMINOLOGY AND CRIMINAL LAW

Set of legal - positive norms regulating the punitive power of the state that define
certain budgets as crimes to which they assign certain legal consequences called
penalties or security measures, accessory consequences.

Criminal Law appears as a normative science (should be) while Criminology appears
as a science of being. Thus, Criminal Law will use a deductive method while
Criminology will use an inductive and empirical method.

These two sciences have maintained specific positions, the truth is that they are
inseparable sciences. Criminal Law must regulate external human behavior, and
it will also protect some particularly important assets in social life. With this,
Criminal Law will avoid self-justice. At the same time, Criminal Law will exercise a
guarantee function and not only protect certain assets. relevant, will also protect
the individual from possible illicit attacks by the State.

If Criminal Law dispensed with Criminology, it would become a theoretical science

far from criminal reality, leading to ineffective laws.
At the same time, Criminology needs Criminal Law, the object of Criminology is
delimited, also the beginning of the study of Criminology will delimit what
behavior is or is not criminal, this will mark the initial object of the study of
Criminology.

The first difficulty is the concept of crime itself. Saying that Criminology is that part of
science that deals with the empirical study of crime is not saying much. If what is
understood by crime is not indicated, it is Criminal Law that marks the concept of
crime, it is also true that Criminology cannot be limited or dependent on changing
criminal norms. In principle, both the criminologist and the criminalist are
subordinated to the legal concept of crime; the criminologist, if he has to start
from that legal concept, at a given moment can reject it and thus propose
changes in the legal definitions.

Today it is considered that the object of Criminology is the study of deviant behavior
and within it also crime or criminality.
24
 Criminology will also deal with the process of defining and sanctioning deviant
behavior. At the same time, all the knowledge that Criminology provides must
find its reflection in Criminal Law, since Criminal Law is what permeates the
social fabric, it will impose compliance with certain rules, if Criminology does not
find this reflection, It would be nothing more than a theoretical science, not a
practical science as it is.

There is a need for this knowledge to be transformed or transferred to a legal

framework, a normativization of criminological knowledge is needed. It will be
criminal policy that links this knowledge with Criminal Law.
It is undeniable that the enactment of the criminal law or its reform cannot be done
outside of certain criminological guidelines, since they must have a factual basis
of criminological order, for the new law or its reform to be effective in social
reality.

b. RELATIONSHIPS OF CRIMINOLOGY AND CRIMINAL PROCEDURE LAW

Criminology sheds light on the two main actors in the criminal event during the
criminal trial phase, as well as the role of the judge and the police, which is an
important contribution to a better administration of criminal justice. This
correlation is seen when the need for criminological training of the judge is
considered.

c. RELATIONSHIPS OF CRIMINOLOGY AND PENITENTIARY LAW

The relationship is fundamental, if we take into account that to achieve the

purposes of resocializing the imprisoned criminal, which Law pursues as
penitentiary science, the participation of criminology is required for the individual
study of the inmate and his penitentiary treatment. This is reflected in our
Criminal Execution Code, when it establishes that the purpose of the observation
phase is to establish a criminological diagnosis and prognosis of the inmate.

d. RELATIONSHIPS OF CRIMINOLOGY AND CRIMINAL POLICY

To propose criminal policy alternatives, criminological data is required, which

means that the relationship between both disciplines is necessary.
Criminal policy cannot renounce the assessment of empirical data, if it tries to be
convincing. The empirical support comes from criminological studies.

It aims to present systematically in an orderly manner the strategies, tactics and

means of social sanction to achieve optimal crime control. It will propose and
determine reforms of the current system, criticizing those institutions that are
considered politically criminally inadequate or intolerable.

Its reason for being is the renewal of Criminal Law, reform of the administration of
justice and reform of the sentencing system. Criminal policy and Criminal Law
reform are synonymous.

25
 Criminal Policy is the necessary bridge between empirical knowledge and the
normative concreteness that is Criminal Law, criminal policy seeks and puts into
practice the most appropriate means and forms to make the purposes of Criminal
Law effective.

I UNIT
FIRST WEEK
2nd Session
22/MAR/2023

CRIMINOLOGY AS A SCIENCE

Criminology and other human sciences (Psychiatry, Biology, psychology, Sociology,

etc.

CRIMINOLOGY AS AN EMPIRICAL AND INTERDISCIPLINARY SCIENCE

The interdisciplinary methodology of Criminology also makes it possible to coordinate

the knowledge obtained sectorally in the different fields of knowledge by the
respective specialists, eliminating contradictions and filling the inevitable gaps.

RELATIONSHIPS OF CRIMINOLOGY AND PSYCHIATRY

Many times criminal and/or deviant activity is linked to psychiatric problems, which is
why the relationship between Criminology and Psychiatry, which studies mental
disorders and their treatment, is important. In this context, progress in the study of
mental anomalies also has an impact on the development of criminal psychiatry.
It deals with the psychically abnormal, its forms of manifestation, psychic and bodily
causes and the possibility of physical and mental treatment.
Psychiatry has a wide field of application, it deals with the criminal phenomenon in a
marginal way, it will be one aspect of the many that psychiatry studies. Criminals
represent a small percentage.
The contribution of psychiatry is important, especially in forensic psychiatry, where
their contribution in a criminal process will determine criminal liability.

RELATIONSHIPS OF CRIMINOLOGY AND PSYCHOLOGY

The science that studies human behavior in its cognitive, affective and psychomotor
dimension is precisely psychology, providing methods and techniques to describe
and explain the psychological aspects of criminal behavior.
Psychology deals with psychic and so-called normal life, it also covers a multitude of
fields, the criminal field being one of the many it deals with. Forensic psychology will
have an important contribution not only in criminal matters but also in civil matters.
26
CRIMINAL PSYCHOLOGY AND CRIMINOLOGY.

Criminal Psychology studies the intelligence, character and social and moral
aptitudes of the criminal, all from the objective point of view of Experimental
Psychology (test).
With Psychoanalysis the deep life of the criminal is studied: relationship between
Unconscious and immediate Motives.
Currently, Criminal Psychology has been extended to mass crime

PSYCHOANALYSIS

It focuses on the human unconscious, it has provided information about the

personality and behavior of the criminal. For Freud and his followers, crime is the
result of individual psychic conflicts. There is a primary instinct of aggression, the
criminal causes are early damage to the development of the personality due to
estrangement from the mother due to poor family relationships and emotional
disturbances of the child, lack of affection, cruelty, absence of emotional guidance,
emotional coldness. All this will cause the “I” to resort to complex forms of protection.
Among the contributions of psychoanalysis, one of the most interesting is that which
understands that society needs the criminal, the criminal is nothing more than a
scapegoat for frustrations and collective aggression. Aggressive, sanctioning society
that needs punishment, whose purpose is retributive

RELATIONSHIPS OF CRIMINOLOGY AND SOCIOLOGY

The relationship is necessary, since the criminal phenomenon and deviant behavior,
as well as the analysis of criminalization processes, involve social phenomena, and
therefore require that they be analyzed with the methodological and conceptual
instruments of sociology.
Crime is a violation of social norms. Since World War II, sociological theories gain
importance.
It will focus on all those aspects that will have an impact on the criminal act, it will be
maintained by some sociologists (Durkheim) that crime and delinquency are part of
every healthy society.

CRIMINAL SOCIOLOGY AND CRIMINOLOGY

Ferri, at the beginning of Criminology, made his sociological point of view prevail, in
which he pointed out the large number of factors exogenous to the offender that
generate antisocial behavior and that are sometimes prevalent to the offender's own
psychology.
Criminal Sociology is the only science that Criminology cannot do without.

RELATIONSHIPS OF CRIMINOLOGY AND BIOLOGY.

27
It focuses on the hereditary aspect of crime since genetic factors push the criminal to
commit antisocial acts. In addition, there are biological peculiarities (anatomical,
biochemical) in the person of the offender.

Criminology, as a multidisciplinary science, incorporates Criminal Biology, which

indicates the influence of heredity on deviant behavior.

28
 II UNIT
2nd WEEK
1st. Session
27/MAR/2023

HISTORICAL EVOLUTION OF CRIMINOLOGY

The Pre-Scientific Period (Ancient Age, Middle Age, Modern Age). Historical
evolution of criminological thought. Philosophical ideas. The classical school. The
Italian positive school. The creation of Criminology. The scientific development of
criminological studies. Traditional Criminology. Contemporary Criminology.

YO. THE PRE-SCIENTIFIC PERIOD,

It covers a long historical period, from ancient times to modern times; This
period includes three subperiods that are related to the first 3 ages of human
history: Ancient Age, Middle Ages and Modern Age.

to. OLD AGE.

It covers from before our era to the 5th century.

There are very varied ideas about crime, but without scientific bases. The
criterion that physical degeneration was the foundation of moral
degeneration predominated.

In ancient Greece, the ideas of the doctor HIPPOCRATES were influential,

who spoke of 4 humors that influence human behavior: Blood, Black Bile,
Yellow Bile and Phlegm. Likewise, he spoke of 4 temperaments that
depended on the predominance of the humors: Sanguine, Choleric,
Melancholic and Phlegmatic.

In ancient times, the philosophical conception of PLATON also

predominated, who in his work "The Republic" pointed out that "Gold was
always a reason for man's evils", basing crime on economic causes.
Furthermore, for Plato the criminal was similar to a sick person, therefore he
had to be treated to cure him, re-educate him if possible and if not possible
expel him from the country.

For his part, ARISTOTELES pointed out that the human being had a
rational and indivisible soul; and that the activity of the soul defined the
intentionality or purpose of the organism. Likewise, he pointed out that
passions are causes of crime.

b. MIDDLE AGES.

From the 5th century AD to the 15th century.

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 In this period, pre-scientific ideas emerged, derived from the Occult
Sciences, cultivated by people who knew how to read and who had access
to the bibliographic sources of their time, which were forbidden or hidden
from the majority population. Among them were Palmistry, Pedomancy,
Metoscopy, Umbilicommancy, which sought to know the character of people
by examining the lines of the hand, feet, forehead, and navel. However, at
this time Christian thought predominates.

Christian Thought had the greatest influence in the medieval period, within
the Western world, to explain all types of behavior. SAINT THOMAS
AQUINAS stated that the individual was a psychophysical unit, that is, a
soul that acts on a body in which the body is perishable but the soul is not.
He also pointed out that the soul possessed appetitive powers, such as the
irascible (prone to anger) and the concupiscible (tendency towards material
goods).

In his work Summa contra Gentiles, he pointed out that “poverty is generally
an occasion for theft” attributing it to an economic cause; and in his work
Summa Theologica he defended theft in cases of extreme poverty
(starvation theft).

Demonology, whose thought considered that the devil was the causative
agent of witchcraft and mental illnesses.
Jacob Sprenger and Heinrich Kraemer published the work “Hammer of
Witches” in 1487, in which they linked mental disorders with witchcraft and
sin, whose objective was the extermination of witches. This work influenced
for two centuries, that is, until much of the Modern Age, a time when the
penalty for those accused of witchcraft was death at the stake.

c. MODERN AGE.

From the year 1492 – 1789

In this period, various conceptions of crime and criminals emerged, still

lacking scientific rigor, oriented from the Naturalist, Philosophical, Political,
Legal-Penal and Penitentiary perspective.

The Naturalistic Orientation considers that there is a relationship between

facial features and external appearance with feelings and personality. The
representatives are: J. b. Della Porta and J. g. Lavater, with his works:
“Human physiognomy” and “Art of knowing men by their physiognomy”,
works that link physiognomic traits with criminality.

Philosophical-political trend, according to which there is a relationship

between crime and socioeconomic conditions. This current proposes crime
prevention before punishment. The exponents are: Thomas More, Thomas
Hobbes, Montesquieu, Rousseau.

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 The Legal-Criminal Current, according to which the crime arises from the
free will of the person, not from pathological factors. Considers punishment
not as a means of resocialization but as a measure to defend society from
crime. The exponents are: Beccaria, Lamnek, Romagmosi, Carmignani,
Carrara, etc.

Penitentiary Trend, studies focus on the inmate. The expositors of this

current are: John Howard, with his work “The State of Prisons in England”
and Jeremías Bentham, creator of the Panoctic Model, in prison
architecture).

II. THE PROTO CRIMINOLOGICAL PERIOD

It covers a period of more than a century from the beginning of 1790 to the end
of the 19th century.

Medical-psychiatric, sociological, psycho-social, psychological ideas, etc.

predominated.

We find knowledge with certain features of scientific organization. In this period

we find the so-called PHRENOLOGY, a discipline created in 1810 by the
German doctor FRANZ GALL.
PHRENOLOGY was based on the assumption that in the brain there were
locations of human emotional functions, which were reflected in the skull and
that when it had external irregularities (protuberances and depressions) they
expressed symptoms of madness and criminality.

We also find the Medical Psychiatric Trend, whose exponents are:

ESQUIROL (1772-1840) French doctor, author of the “Mental Illnesses”, who
observed a form of partial disorder of the mental faculties, which he called
“reasoning or affective monomania”.

J.C. PRICHARD (1786-1848), English alienist and anthropologist, spoke of

“Moral Folly.”

J. LAUVERGNE (1797-1859) French doctor who made his first physiognomic

observations of convicts in the Toulon prison.

AND. MAUSDLEY (1835-1918) put forward the thesis that a certain number of
criminals are a degenerate variety of the human species and that there is an
intermediate zone between normality and madness, which he called the “gray
zone.”

LOMBROSO (1835-1909), Italian doctor, perhaps the greatest representative of

the protocriminological period, who developed the famous theory of the “born
criminal”, which had a lot of impact and acceptance in his time, which is why he
is considered by many scholars, as the creator of Criminology.

31
 We also find the Sociological Current of Emile Durkheim, French sociologist,
who pointed out that “Crime and Criminal are integral parts of any society.”

The Criminological Psychological Side, whose founder was the French doctor
Prospero Despine, who in his work “Natural Psychology”, in which he pointed
out that the habitual criminal suffered from a moral anomaly, characterized by
the lack of remorse.

At the end of the 19th century, Freud proposed the first postulates of
Psychoanalysis.

III. THE CRIMINOLOGICAL OR SCIENTIFIC PERIOD

It covers the period that begins in the first years of the 20th century.

In this period, BIOLOGICAL ideas predominated.

We find as representatives of the Criminological or Scientific Period: In France
Ernesto Dupre (1862-1941) - “Constitutional Perversity” in 1912.

In Italy, the work of A. Nicefaro “Guide to the Study of Criminology” (1945).

That of Benigno Di Tullio (1876-1979) “The Criminal Constitution” in 1928 and
the “Dynamics of Crime” in 1952.

In Germany, ASCHAFFENBURG (1866-1944) stood out with his work “The

Crime and its Prevention” in 1903.
Kart SCNEIDER with his work “The Psychopathic Personalities” in 1923.
Johanes LANGES in 1929 with his work “Crime as Destiny”.

In England, Charles GORING (1870-1919) with his work “The English Convict”,
which questioned C.LOMBROSO's thesis.

Spain, the most notable was Quintiliano SALDAÑA (1878-1939) with the work
“New Criminology” in 1929.

DENOMINATION

Regarding the name, there was not always consensus on its name. Initially in the
Protocriminological stage. César Lombroso named it Criminal Anthropology.
For their part, scholars such as Enrique Ferri and Julio Fioretti call it Criminal
Sociology.
Later, in the initial stage of Scientific Criminology, writers such as Adolfo Lenz and
Franz Exner preferred to call it Criminal Biology, while Benigno Di Tullio, at the
beginning of the 20th century, persisted in the name Criminal Anthropology. In
Germany, Sauer called it Criminal Sociology and Mezger Politics.
Criminal.

32
The term Criminology is not recent, since Rafael Garófalo used that name for his
work published in 1885.

Nowadays the name Criminology is used, and we consider that since 1938, when the
First International Congress of Criminology was held, this name is tacitly accepted by
the majority of writers in the world.

HISTORICAL EVOLUTION OF CRIMINOLOGICAL THOUGHT

It is about examining the criminological theses maintained in the stage prior to

positivism, that is, until the consecration of Criminology as a scientific discipline, a
fact that occurred at the end of the 19th century.

The contributions, at this stage, come from two sources:

1st. Those of a philosophical, ideological or political nature; and

2nd. Those of an empirical nature (belonging, relative or based on experience) and
the contribution from other empirical fields, such as physiognomy, empirical
orientations.

1st. Guidelines of a philosophical, ideological or political nature

TO. Thomas More is the fundamental representative of this thought, developing his
work at the end of the 15th century and the beginning of the 16th century.
Thomas More was probably the first to highlight the connection of crime with
socio-economic factors and the structure of society.

For Moro, crime responds to a series of factors, such as cultural and

educational deficit, wars, the social environment or idleness, etc., but, among
all of them, the socio-economic factors stand out.

For this reason, Moro maintained that the State, apart from criminal repression,
should neutralize the true causes of crime, such as misery or inequality.

Moro contributed to Criminology the thesis of the connection of crime with the
structure of society: crime responds to a series of factors and the factor that
stands out the most is the economic one, highlighting poverty. Moro openly
criticized the harshness and disproportionate punishments, advocating
preventive work on the part of the State and thought that public powers had to
establish the necessary means so that the criminal could satisfy the victim with
his work as a reward. compensation.

B. Secondly, the political philosophy of the Enlightenment appears, analyzing the

criminal problem.
The fundamental currents of the Enlightenment reacted against the sole idea of
general prevention or intimidation, which took the criminal as an example for
others.

33
 In effect, the Theory of General Prevention sees “the purpose of punishment
not in retribution or in acting on the perpetrator, but in the influence on the
generality, which must be taught through criminal threats and of the execution
of sentences regarding legal prohibitions.”
It is called the General Prevention Theory because it does not act in a special
way on the convicted person , but in general, that is, on the generality.

C. Classic Criminology

THE CLASSICAL SCHOOL OR CLASSICAL CRIMINOLOGY completes the

picture of ideas about the criminal problem that the spiritual sciences have their
origin in.

Under the label of "classics" authors and trends have been grouped that differ
in many points of view, even contradictory in some, but that present a series of
common conceptions on fundamental postulates, which is precisely what
allowed the positivists to bring them together for dialectical purposes. .

There is something very significant in the classical school, such as the defense
of individual guarantees and its reaction against arbitrariness and abuses of
power.

FRANCISCO CARRARA, is considered the father of the Classical School of

Criminal Law.
Carrara maintains that Law is innate to man. The Science of Criminal Law is an
order of reasons emanating from the moral law, pre-existing human laws.

Crime is a legal entity that recognizes two essential forces: an intelligent and
free will and an external fact that is harmful to the Law and dangerous to it.

Postulates of the Classical School

1st. Normality of the criminal: nothing distinguishes the delinquent man from the
non-delinquent, since all men are equal.

2nd. Irrationality of crime: crime is an irrational and incomprehensible act since

man, with his freedom and decision-making capacity, has not known how to
choose the path that best suited him.

3rd. They establish a priority of the fact over the author: the offender will only
appear as the active subject of the crime and no further attention will be
paid to him.

4th. Situational explanation of the criminal act: there is no etiology of crime, but
crime is a consequence of a misuse of freedom and all citizens are potential
criminals because they are all free. There are specific situations that can
explain, case by case, man's choice in favor of crime.

34
 5th. The penological contribution has been its greatest success. They support
the legitimation and delimitation of punishment and draw conclusions about
when, how and why crimes are punished. The response to criminal behavior is
carried out with a fair, proportionate and useful sentence.
6th. Contribution in the field of criminal policy, where the classical school does
legitimize the systematic use of punishment as an instrument of crime
control.

2nd. Those of an empirical nature (belonging, relative or based on experience)

and the contribution from other empirical fields, such as physiognomy.
Empirical Orientations

Here, it is consigned to a set of heterogeneous contributions that are not merely

philosophical or political, but rather have some empirical support.

The pioneers of penitentiary science stand out, based on direct observation and
rich knowledge of prison reality; and the empirical and criminological experience
that the cultivators of their respective disciplines accumulate around crime and
the criminal, such as physiognomy.

In penitentiary science, HOWARD stands out, who gave priority to the working
method of direct contact with the delinquent man.

BENTHAM also stands out as a pioneer of penitentiary science and as a

theorist of the utilitarian conception of punishment.

BENTHAM, proposes a new design for prison architecture for the sake of
control and treatment of inmates: the panopticon.

POSITIVE SCHOOL is presented as the overcoming of individualistic

liberalism, in demand of a defense of society.

The School bases the right to punish on the need for social conservation and
not on mere utility, putting the rights of honest men before the rights of
criminals.

The Positive School was born in the 19th century. Its creator was Cesar
Lombroso as a reaction against the Classical School.

The positive School is an organic body of conceptions that study the offender,
the crime and its punishment, first in its natural genesis, and then in its legal
effects, to legally adapt to the various causes that produce it the various
remedies, which consequently They will be effective. (Ferri) The positive
criminal school does not consist solely of the anthropological study of the
criminal, as it constitutes a complete renewal, a radical change of scientific
method in the study of criminal social pathology, and of the most effective
among the remedies. social and legal benefits that it offers us.

35
The School made the science of crimes and punishments a science of positive
observation, which, based on anthropology, psychology and criminal statistics,
as well as criminal law and penitentiary studies, becomes the science synthetic
that Ferri called criminal sociology.

The postulates of this Positive School :

1. Ius puniendi: the right to impose sanctions belongs to the State as a social
defense.

2. The method is inductive – experimental: the Positive school is characterized

by its scientific method.

3. Crime is a fact of nature and must be studied as a real, current and existing
entity.

4. The criminal is that person who commits crimes due to the influence of the
environment in which he lives. The School seeks the rehabilitation of the
offender and, for them, establishes criminal alternatives.

5. Criminal liability. It replaces moral responsibility with social responsibility,

since man lives in society and will be socially responsible as long as he
lives in society.

6. The concept of Penalty is replaced by that of sanction: the sanction is

according to the dangerousness of the criminal. The sanctions must last as
long as the criminal's dangerousness lasts and that is why they are of
indefinite duration.

7. Proportionality of the sentence. Look for the proportionality of the penalty, it

should not be punished according to what the Codes say, but there must be
criminal substitutes. For example, a minor who commits murder cannot be
punished with 30 years in prison, but must first study his background, the
reasons why he committed such an act, the mitigating circumstances, etc.
and their readaptation must be sought.

8. Types of criminals. Accepts criminal "types."

9. Criminal legislation. Criminal legislation must be based on anthropological

and sociological studies.

10. The criminal law. The criminal law does not restore the legal order, but
rather its mission is to combat crime considered as a social phenomenon.

36
DIFFERENCES WITH THE CLASSICAL SCHOOL

POSITIVIST SCHOOL CLASSICAL SCHOOL

For the Positive School, punishment must The Classical School does not talk
be useful. about usefulness.
The Positive School seeks the
readaptation of the criminal. The Classical School only sees the
crime and punishes; does not see
The Positive School searches and the criminal
investigates the causes of crime.
The Classical School does not look
for the causes of crime, since the
criminal acts based on his free will.
The Positive School, sometimes, does
not punish the offender, it only applies The Classical School always
security measures. punishes the offender since it does
not see the causes that led the
offender to commit criminal acts.

MIDDLE SCHOOLS

to. The Eclectic School

This school has its theoretical foundation based on the same as that of the
Classical School, which is the social contract. This school is not a school in
itself, but the meeting of several schools brought together in this current.

The difference between the Classical and Positive Schools is that they had
a series of rules with which if one did not agree with one, all the others were
broken. It was an almost perfect scheme.

The objective of the Eclectic School was to break with those rules or
monolithic schemes and create something different.
The operating budget of this School is material equality and, as in the
classical School, its responsibility lies in the individual, but it adds the
concept of situation, referring to the physical and social environment.

b. Social School

It is supported by the philosopher DURKHEIM and this school is not based

on the contract but on dialectics.

37
 This school has a history in interpsychology. Societies have the criminals
they deserve and the social environment is the breeding ground for
criminality while the microbe is the criminal.

For the social school, the operating budget is that of material inequality and
the division of labor.

Its legal system seeks, above all, social justice and has a political criterion
that seeks social understanding and improvements.

This school allows for a strong advance in criminology and favors its
maturation towards a later integration, still non-existent, with Criminal Law.

The main merit of the social school lies in introducing the concept of "social
function of law", in which the law appears as the best mechanism to
achieve a fair composition and equitable development of society.

c. Anomic School

Its theoretical foundation is based on anomie, which is a situation in which

social development exceeds institutional control.

The budget is based on material inequality and a greater division of labor.

Responsibility continues in the individual field, but the tendency to socialize
it appears.

The main contribution was the victim of the worst criticism and rejection:
interpretation of proletarian crime, statistically highly represented in police
crime figures.

ENVIRONMENTAL THEORIES

Its budget is based on material inequality and the very great division of labor.
Responsibility stops being individual and becomes social and group.

The main contribution of this Ecological School, based in Chicago and a product
of uncontrolled immigration of Europeans, is the interpretation of mafia crime.

II UNIT
SECOND WEEK
2nd Session
38
 29/MAR/2023

CRIMINOLOGICAL INVESTIGATION

Criminological methods and techniques. The general methods. The particular

methods or techniques. The crime statistics (the black figure). Strategies to carry out
scientific research in criminology.

CRIMINOLOGICAL RESEARCH METHODS AND TECHNIQUES

Every science is characterized by being methodical, that is, by having methods and
techniques that allow it to know its object of study. There is no unitary method
specific to Criminology; we are going to find various methods and various research
techniques.

What will determine whether Criminology is studied by one method or another will be
the nature of the object studied and the purpose of observation according to the
science that studies it.

Criminology as an empirical science uses a research method supported by

observation and experimentation, that is, an empirical-inductive method.

It is important to be clear that law and criminology use different methods:

The jurist uses a dogmatic, abstract, deductive, formal method.
The criminologist uses an empirical, inductive and interdisciplinary method. (Herrero,
1997, p.233).
On the other hand, there is no criminological method, but rather various research
methods or techniques. The nature of the object examined and the purposes of the
investigation itself will determine in each case which is the most appropriate.
(GarcíaPablos de Molina, 1999, p.237).

Among the main criminological investigation techniques, Rodríguez Manzanera

provides us with the following classification:

1) Statistical techniques (which deserve a detailed study in their place).

2) Biological (genetic studies).
3) Biotypological (body studies to develop typologies).
4) Anthropological (anthropometric, cultural, etc.).
5) Psychological (for example, tests, interviews, etc.).
6) Medical (such as examinations with devices, analysis, etc.).
7) Sociological (observation and field laboratory experimentation).
8) Criminalistics (for example, study of the crime scene, laboratory analysis with
fingerprint techniques, photographs, chemicals, etc.).
9) Clinics (clinical history of the deviant).
10) Biographical (thus, longitudinal studies, biographies and autobiographies of
criminals).
11) Documentary (reports, files, organization reports, etc.).
12) Bibliographical (scientific production: treatises, articles by various experts, etc.).
13) Psychiatric (So, exams of the offender by specialists,
39
 electroencephalogram, etc.). (Rodríguez Manzanera, 1990, p.54-55.)

Likewise, according to the structure of research techniques, there are two large
categories or methods, which are:
− Qualitative methods: discussion groups, biographies, are considered as primary
production techniques or the so-called structural analysis of texts, as secondary
production.

− Quantitative methods: social surveys. (Canteras, 1991, p.112-113)

SOCIOLOGICAL TECHNIQUES

Sociology uses a series of procedures and techniques to understand social aspects,

some of which are of special importance when it comes to the study of crime. These
techniques are:

- Questionnaire. - Written question form designed to obtain information on some

social aspect of a group, an individual, or institution that is the object of study.

- Social Observation. - What is interesting is to observe the social behavior of a

group or individual in a certain context.

- Sociometry or technique of “social measurement”. - It is carried out through a

questionnaire of questions, through which the preferences and non-preferences of
each subject are investigated compared to the other members of the group. For
example, you can ask: Who would you like to study or work with? Or who wouldn't
you like to study or work with?

- The Documentary Compilation. - provides existing information about some aspect

of the subject under study. For this purpose, historical and statistical documentary
sources, reports, memoirs, etc. are used.

PSYCHOLOGICAL TECHNIQUES

From the field of Psychology, a series of important techniques are used to

understand the psychological aspects that intervene in criminal behavior or that
characterize the criminal.
- The Psychological Interview
- Mental tests or Tests to know the personality (Machover Human Figure Test) or
intellectual level (the Raven test or the Wais Test) of a person.

BIOLOGICAL TECHNIQUES

They come from a series of areas of biomedical scientific knowledge that are of
interest in the case of criminological studies, such as neurology, psychiatry, genetics,
etc.
The most important ones are:
40
- Clinical Examination, to determine the general health status of the offender. -
Psychiatric Examination to know the state of mental health and - Neurological
Examination.
- Electroencephalic techniques.
- Radiological Techniques to determine if there are brain lesions (Tomography).

There is a black figure of unregistered crime since there are a large number of
criminal acts that are not recorded since the victim did not make the
corresponding complaint. Other times it may happen that the victim files the
complaint but that no investigation is opened or that the investigation give a
different result than expected.

García Pablos: “Not every crime is transcended, nor is every known crime
reported, nor is every reported crime prosecuted, nor is every prosecuted crime
punished, nor is every sentence imposed served.”

Official crime rates are far below actual rates. This is precisely what the self-report
report and the victimization studies aim to find out about the possible participation
of the respondent in criminal acts.

The Criminologist Heinz Zipf in his book “Introduction to Criminal Policy”, points out
that the difference that exists between the punishable acts perpetrated or committed
and those that have become officially known is called the “BLACK NUMBER” OF
CRIMINALITY .

The Soviet Criminologist G. Avanesov, in his book “Fundamentals of Criminology,”

calls crimes that remain hidden or unknown “latent crime.”

For what reasons do you think people who are victims of a crime do not report it?
• Because the crime was committed by a family member or a known person.
• Because they believe that the complaint will have no effect.
• For the shame of the victim
• Due to the psychological impact suffered
• Why the crime is not very serious
• Because the complaint will cause problems.
• Due to threats or retaliation by the offender.

CONCLUSIONS:

− The first conclusion is that crime is not the heritage of a social class.
− Men participate in more criminal activities than women, the growth rates of female
crime are increasing.
− Adults commit more serious crimes than young people.
− Youth crime is more widespread than official statistics state.

− Young people are now victims of crime in a higher proportion than older people.

41
− A failure of criminal control of crime is evident, this is due to a plurality of factors,
it cannot be individualized in specific control instances, it is a generalized failure.

− It is observed that there is a higher black figure in minor crimes compared to

serious ones.

III UNIT
THIRD WEEK
1st Session
03/APR/2023

CRIMINALITY: BIOLOGICAL-PSYCHOLOGICAL-SOCIAL ASPECT

Biological explanation of criminality: criminal genetics (chromosomes and criminality).

The inherited, the congenital and the acquired. Genotype and phenotype. Theories
that seek to explain where inheritance is contained: Chromosome Theory.

BIOLOGICAL EXPLANATION OF CRIMINALITY

The set of systemic theories about crime and deviant behavior, which have some
constitutional or biological aspects as an outstanding explanatory source. It allows us
to know the reasons for crime and deviant behavior, through a constitutional or
biological explanation of the person, analyzing physiological and somatic factors,
such as injuries and/or neurophysiological diseases, in addition to the so-called
genetic inheritance (chromosomal alterations), which They influence the deviant
behavior of human beings in various ways. But interrelated with their socio-
psychological conditions.

Exner :- refers that crime is an externalization of the personality and a reaction to

environmental impressions (influences: hereditary + environmental).

There may be people who, due to genetic or hereditary traits, have a development
directed towards crime (by themselves they cannot lead a person to crime). This
development towards crime can decrease or increase due to internal or external
circumstances.

Biological and sociological factors are interrelated, causing the criminal act.

Most studies focus on crime families; twins (univiteline and biviteline) and adoption.

Lange : - He looked for univitelline twins (1 egg) whose father was a criminal, when
there was a criminal disposition in one of them. Their behavior was the same (they
almost always lived under the same external circumstances).

42
The importance of genetics or hereditary load is deduced when doing a study on
bivitelline twins (2 eggs) who, since they do not have the same hereditary load and
do have the same external circumstances, do not behave the same.

Christiansen : - studied all twins born (1881 - 1910) in Copenhagen and found
greater criminal concordance between univiteline twins.

In a non-delinquent environment, criminal behavior is more determined by genetics.

In a delinquent environment, criminal behavior is determined by the environment.

Conducted studies on adoption (biological parents and adoptive parents) the
biological influence (immediate adoption at birth) and the environmental influence
can be evaluated.

The DNA

All species of organisms have their origin in a process of biological evolution. During
this process, new changes emerge due to a series of natural processes. To
understand what refers to endogenous factors, it is necessary to describe some
operational concepts that will serve to manage the issue.

Each living being has its own genetic code. This code contains all the information
essential for the development of our body; and of course, what determines our
tendency towards antisociality. DNA is the carrier of the key to heredity.

According to Lombroso, there may be in certain people that, due to hereditary or

genetic traits, there is a directional development towards criminality. This directional
development can be decreased or increased through the action of both internal and
external circumstances. But not all development is derived from heredity or
predestined by DNA, individuals are exposed to various external and internal
influences; some experiences have greater impact than others, if the environment is
changed, they change.

The transmission of genes from parents to children is under the control of precise
molecular mechanisms. The discovery of these mechanisms and their manifestations
began with Mendel and covers the field of genetics.

CHROMOSOMIC THEORIES OF INHERITANCE

In 1866, Mendel published an article on his studies of heredity. However, scientists

were not interested in his work. It was not until 1900 that three European scientists,
working independently, rediscovered Mendel's article. This was 16 years after
Mendel's death. Each of these scientists gave full credit to Mendel for his brilliant
work. This marked the beginning of modern genetics.

At the beginning of the century, Walter S. Sutton, a graduate student at Columbia

University in the United States, read Mendel's work. Sutton was studying the process
of meiosis in grasshopper sperm. He observed similarities between the behavior of
chromosomes and Mendel's "factors."

43
COMPARISON BETWEEN CHROMOSOMES AND MENDEL'S "FACTORS".

Characteristics of Mendel factors

Chromosome characteristics

Mendel factors are in pairs.

The chromosomes are in pairs.

Chromosomes are segregated during meiosis. Mendel factors are secreted during
gamete formation.
Pairs of chromosomes are distributed The Mendel factors are distributed
independently of other pairs of chromosomes. independently.

At that time, the function of chromosomes was unknown. Sutton studied the
similarities between Mendel's factors and the movement of chromosomes during
meiosis. He then hypothesized that chromosomes were the carriers of the factors, or
genes, described by Mendel.

Sutton could not prove that the genes were actually on the chromosomes. Other
scientists demonstrated it a few years later. However, Sutton's work led, at the
beginning of the last century, to the formulation of the chromosomal theory of
inheritance. The chromosomal theory of inheritance states that chromosomes are
the carriers of genes.

CRIMINAL GENOTYPE AND CRIMINAL PHENOTYPE

The terms "genotype" and "phenotype" were created by Wilhelm Johannsen in 1911.

The phenotype refers to the set of morphological, functional, biochemical, behavioral,

etc. characteristics that a living being presents. Much of the phenotype is hereditary,
that is, it corresponds to the characteristics that a living being receives from its
parents; but not all the phenotype is. For example, a person who has learned to play
the piano can become very good at it through exercise and learning. Knowing how to
play the piano is undoubtedly a phenotypic characteristic; However, this phenotypic
characteristic is not inherited.

The genotype is related to a set of information, that is, a series of specific instructions
through which the living being constructs its phenotype. This information is made up
of a linear macromolecule, deoxyribonucleic acid (DNA or DNA).

CRIMINAL GENETICS: CHROMOSOMES AND CRIMINALITY

It is the transmission of the psycho-social traits or criminal tendencies of the

ancestors, in the behavior of the descendants, through the chromosomes; There are
so-called criminal families. Controversial position with psycho-social theories. Being
therefore considered concomitant with human psychosocial behavior.

The study deals with chromosomal alterations, through the appreciation of the
chromosome map or karyotypes, in terms of the number of chromosomes and their

44
alterations, which determines the biological structure of the new being (physical,
sexual, etc.), which have an impact on its conduct.
Many criminology scholars establish some hypotheses regarding the genesis of
criminality, but they make it clear that criminality is not inherited, what is inherited is
the predisposition to crime.
TO. Chromosomal alterations.

Studies have been carried out that seem to show that certain chromosomal
alterations occur more frequently among the prison population than among the
general population.
We all have 23 pairs of chromosomes. Women are XX pairs and men are XY
pairs. When imbalances occur, diseases appear and it can be due to defect or
excess.

Abnormalities in sex chromosomes:

to). Klinefelter syndrome. -

Also called XXY Syndrome. Syndrome of genetic cause characterized by

endocrine alterations and genital anomalies . It is characterized by an
abnormal number of chromosomes (47) with an extra X chromosome, so
that the sexual chromosome constitution is XXY. Small testicles, sterility,
eunochoidism, and gynecomastia may occur. He may have sexual
potency, which is why he tends to commit rape. It should be noted that this
syndrome does not occur in black people (Nielsen).

b). XYY trisomy or XYY male. -

The sex chromosome number 47,

Another characteristic feature of XYY males is their tall stature. A recent

Danish American crime study (1985) found a high crime rate among XYY
males, but not in relation to aggressive behavior. These studies raise
difficult ethical problems.

XYY karyotypes (chromosomal constitution) have occasionally been found

among children with personality problems at school. The frequency of XYY
is estimated to be 1 per 100 live births.

Abnormalities in non-sex chromosomes (autosomes):

to). “Cat meow” syndrome.

Or "cru du chat" (French). Also called anti-mongolism syndrome. It is

characterized by cardiac malformations and multiple anomalies such as:
 Microcephaly.
 Severe mental retardation.
 It makes sounds that resemble a cat's meow.

45
  It is of hereditary origin, due to alterations in the short arm of the
chromosome
 Their average lifespan is 35 years.

b). Trisomy 18.

Syndrome characterized by cardiovascular malformations , neurological

disorders and multiple anomalies such as:
 Hypoplasia of the lower jaw ,
 Abnormal implantation of the ears,
 short sternum,
 Claw hand,
 Various neurological disorders,
 Blindness,
 Deafness,
 Mental retardation.

The genetic factor of crime

The oldest antecedents of this retrospective study procedure date back to the
work carried out by F. Galton (1869), regarding the inheritance of certain
genius attributes. Years later, in the 19th and 20th centuries, a variety of
studies were carried out on “criminal families”, through the analysis of
successive generations, having found a high level of criminal activity in the
offspring of such investigated families, which according to the authors of The
time was the compelling argument to affirm the inheritance of criminality.

The most famous “crime families” were that of the JUKE, studied by Douglas
in 1877 in the United States, in which he considered 709 descendants of the
head of the family who was an alcoholic, finding about 77 criminals, 202
prostitutes and pimps, 142 vagrants and others of deviant behavior. Likewise,
the KALLIKAK family, studied by H. H. Goddard (1912), the Zeros, Nams,
Viktoria among others. However, the arguments deduced from these studies
to prove the supposed “criminal inheritance” are questioned and currently only
have historical reference value. Even authors such as Exner (1939), who gave
special importance to the natural factor, stated that, although they are studies
aimed at proving this causal possibility, "scientifically it is not possible to
deduce exact conclusions from them."

Likewise, Manuel LOPEZ REY (1945) considered that there are no criminal
families, since in such studies the co-action of the environment in the
appearance and spread of crime is also appreciated. Benigno Di Tullio
(1963) argues similar ideas, pointing out that such relatives came from the
lowest social strata, and therefore the antisocial and criminal behavior of said
groups, it is not possible to specify whether they are the effect of hereditary
dispositions or environmental situations.

Another argument that should be added is that, from the methodological point
of view, the control of the variables and conditions that played in the behavior

46
 of such “criminal families” were not controlled, for obvious reasons, which
evidently does not allow us to take into account certainty such results.

Studies on twins in relation to criminality (Goring and Lange): Lange said that if
the twins came from a single egg (univitelline), both would be criminals, while
if they came from two eggs (bivitelline), they are not always both criminals . He
said that the hereditary burden of the family was what caused this situation.

Cristiansen qualified Lange 's theory and said that apart from the hereditary
burden, the most important thing was the environment (it interrelates
personality and the environment).

Studies on adoption, comparing criminal and non-criminal adoptees and their

relationship with biological and adoptive parents, the first research was carried
out by Kuttner. He noticed in these studies that children of criminals commit
crimes more frequently than stepchildren, highlighting that the genetic factor is
the only one that explains this. Later Hutchings carried out other studies on
1,145 adopted males in Denmark and of that group 185 had a criminal record
and of them 143 biological fathers were located. Subsequently, another 143
non-criminal adopted individuals were chosen, reaching the following
conclusions:

• If neither parent was a delinquent, only 10.4% of the children carried out
delinquent behavior.
• If the adoptive father is a criminal and the biological father is not, they
commit crimes on
11,4 %.
• If the biological father is the criminal and the adoptive father is not, they
commit crimes
21 %.
• If both are criminals, 36.2% commit crimes.

New knowledge about genetics can establish great benefits for the human
species. There must be legal regulation of such knowledge and it must be
carried out according to bioethical guidelines; Thus, we can find that Holland
has legislation on DNA, to mention an example.

B. Somatic factors of crime

Endogenous refers to those that are born with the subject and act towards the
external environment producing certain results. There is a relationship
between the activity of the organism and antisocial behavior. For Dr. Solís
Quiroga “somatic endogenous causes are those that manifest in the body,
they refer to changes in the structure and functioning of the body, as well as
anomalies or defects and bodily diseases, hereditary or acquired, as well as
particularities in its development. ”. These endogenous somatic causes that
have an effect on antisocial behavior will be studied by Biological or Genetic
Criminology.

47
 Determining the influences of hereditary factors on a child or adult requires the
opinion of a specialist with knowledge of human genetics. The Criminologist
must be aware of the value of his evidence as predictive elements.

C. Hormonal disorders-

Given the obvious fact that men tend to be more aggressive than women,
male hormones (testosterone) have been the object of study in violent
behavior. James Dabbs studied 4,4462 male subjects finding a high incidence
and correlation between crime, drug abuse tendencies towards excesses and
risks in those who had higher than normal and acceptable levels of
testosterone. In prisons, he found that those convicted of the most violent
crimes were those who reported the highest levels of testosterone. He also
found in saliva studies of 692 sex crime convicts that they had the highest
level of all.

Alterations in behavior due to organic hyperactivity:

Rachel Gittelman maintains that hyperactive males show a high risk tendency
to engage in antisocial behavior in adolescence. This trend is four times
greater than that of youth who are not hyperactive, and they appear to have
histories of more incidents of arrests, school robberies, expulsions, felonies,
etc. 25% of study participants had been institutionalized for antisocial
behavior.

D. Brain damage

Studies show that brain damage is the rule among murderers and not the
exception. Pamela Blake studied 31 murderers with the help of medical
technology with psychoneurological tests. These had been accused of being
members of mafias or rapists, thieves, serial killers, mass murderers, and two
had murdered children. In 20 of these cases, clear neurological diagnoses
could be established. Five cases demonstrated effects of fetal alcohol
syndrome, nine showed mental retardation, one more case had
hypothyroidism; one case had mild psychosis, another had borderline mental
retardation and another had hydrocephalus; three showed epilepsy; three,
brain injuries and two, alcohol-induced dementia. Some showed combinations.
64.5% showed frontal lobe abnormalities and 29% appeared to have temporal
lobe defects. 19 subjects showed atrophy or changes in the white matter of the
brain. 83.8% of the subjects showed abuse in their childhood, and 32.3% had
been sexually abused.

Poisoning and environmental pollution:

Of recent interest is the study of the effect of various sources of toxicity on

humanity. A formal study on the effect of lead indicates that it produces
alterations in behavior towards violence and antisocial behavior.

Herbert Needleman studied 212 public school boys in Pittsburgh, ages 7-11,
who were evaluated for the concentration of lead in their bones using
48
 fluorescent X-ray testing. Lead is accumulated over the years from various
sources that include exposure to paints, and it was observed that over the
years, as the amount of lead increased, so did the reports of aggression,
delinquency, somatic complaints, depression, anxiety. , social problems,
attention deficit among others. Although the authors believe that there are
social environmental factors that contribute to these behaviors, they
emphasize the importance of preventing brain lead toxicity.

III UNIT
THIRD WEEK
2nd. Session
05/APR/2023

CRIMINOLOGICAL THEORIES THAT EXPLAIN INHERITANCE-CRIME

Introduction. Theories that seek to explain what hereditary traits are transmitted.
Biocriminological trends and notions. Biological bases of criminal behavior.
Biotypological Theories. Case study workshop.

INTRODUCTION.
Within the biological current, all those authors who have sought the main cause of
crime in somatic factors should be considered. As we have seen in the historical part,
many authors have sought the relationship between anthropometric, biological or
medical abnormalities and crime.
Sometimes the discoveries of biology and medicine have created optimism among
criminologists that they have found the supreme cause of crime, an optimism that,
however, has proven largely unjustified. It is absurd to try to find a single reason for
criminality; Man, being necessarily complex, could not be motivated by just one
cause.
Thus, for example, the discoveries in Endocrinology were immediately accepted by
Criminology, and perhaps some thought that they had discovered the final cause of
the crime. Endocrinological advances showed us the great influence that glands have
on human behavior; They taught us how the individual's temperament depends
greatly on hyperfunctions or hypofunctions, and how sometimes they could
predispose the subject in such a powerful way towards crime that, despite his
character, he was incapable of avoiding it (Ruiz Funes, Baeza and Aceves, etc.).
In this Unit we will review the biologically based theories that have had a greater
influence on criminological thinking.

49
INITIAL CRIMINOLOGICAL THEORIES

The concern that has sought to establish the relationship that exists between the
corporal and the psychic is very old. This trend, despite being old, has not lost
relevance. On the contrary, it has spread to many branches of knowledge, reaching
Criminology, whose aim is to find the relationship between human type and crime.
We have wanted and want to penetrate the depths of the psyche through the
examination of the organic.

Cicero, the great Roman orator, relates that around the 4th century BC, a certain
Zopyro boasted of penetrating the souls of people by inspecting the countenance,
and that on one occasion seeing Socrates, whom he had never met, he pronounced,
to the scandal of the bystanders, who was stupid and lascivious. When Socrates
reported the trial of the mimic speculator, he conceded that he had truly understood
his vices, although he had been careful to correct them through reason and study.

At the same time, the greatest representative of Greek medicine, Hippocrates (5th
century BC), considered that the state of the organism depends mainly on the
quantitative relationship of the humors or liquids that are in it (blood, mucus, bile),
strengthening the idea that the psychic particularities of people depend on the
proportion in which those fundamental humors are mixed in the organism. The
proportion in which these humors were mixed was called in Greek krasis (which
means mixture) and in Spanish crasia. Roman doctors called this same concept
temperamentum, from which the term temperament is derived.

According to the Russian writer NS Leites, in the book “Psychology” by A. TO.

Smirnov, A. N. Leontiev and others, the combination of fluids in the body that is
characterized by the predominance of blood was called sanguine temperament; the
combination in which mucus predominates, phlegmatic temperament; the mixture
with the predominance of yellow bile, choleric temperament; and finally the mixture
with a predominance of black bile, melancholic temperament.

A little later, the famous Roman anatomist and doctor Galen (129-201 BC) criticized
this classification and expanded it with other temperaments, among them the normal
or eucrasia, coming from the perfect balance of the humors and illustrating the
numerous temperaments. mixed, which are the most easily found in practice and
which result from the natural fusion of the others.

With constitutional and biotypological studies, seeking the relationship between the
corporal and the psychic, it was proposed and still is proposed to gather into types or
biotypes as it is also said, the wide series of individuals, based on the elements of
similarity that they present: size, thinness, adiposity, allergy, sensitivity,
explosiveness, sociability, etc.

In criminology we wanted to find a criminal type based on constitutional and

biotypological studies. The attempt was flattering, but necessarily in vain. Criminals
cannot form a type other than that of their brothers who have not committed a crime.
“There is no such thing as a criminal type; But it is evident – says Mariano Ruiz
Funes – the reality of anatomical types, with a certain morphology, with their own
somatic characteristics”; psychic and somato-psychic types with their own peculiar
50
structure. This has been demonstrated by studies by Kretschmer and Sheldon,
among others.

CRIMINAL ANTHROPOLOGY THEORIES

As we have seen, criminology was born as "Criminal Anthropology"; that is, as a

science of the criminal man. At this point we refer to what has already been studied
by Lombroso, who undoubtedly brilliantly heads the list of criminal anthropologists.

In principle, the anthropological current seeks to find the correlation between

anthropometric characteristics and crime, but as the Positive School is developed,
the concept of Anthropology grows and covers an increasing number of topics,
mainly regarding human behavior. criminal, and even became enriched with Ferri's
sociological concepts, to, in the end, cease to be criminal anthropology and become
modern Criminology.

Currently, Criminal Anthropology studies refer mainly to Anthropometry

(measurements of criminals), with a view to identification, and criminal customs and
habits (tattoo, modus operandi, etc.), as well as the search for physical factors that
correlate with criminality.
The most notable advances in Anthropometry are due to Alphonsje BERTILLÓN
(1857-1914), son of a doctor and grandson of a mathematician, that Frenchman "with
a pale, thin face and a melancholic coldness" who, working in the archives of the
Súreté, invented a system to identify criminals (1879).

The system consists of the combination of a series of body measurements (eleven

initially), which would later be enriched by the photography of criminals. By
measuring the height, length of the head, length of the left foot, length of the middle
finger, the maximum length of the arms, etc., Bertillón managed to identify thousands
of criminals, who otherwise would have escaped the action of justice.

For DE GREEF, the great Belgian master (1946), there is a criminal personality, the
"true criminal" in a specific way, with its own anatomical and physiological
characteristics, with degenerations explained by a multiplicity of defects.

ERNEST HOOTON (1939) is the most notable representative of North American

Criminological Anthropology, and in his long studies he discovered series of physical
inferiorities in criminals in relation to groups of non-criminals; This inferiority, for
Hooton, is mainly of hereditary origin. He concludes that tall, thin men tend to
commit homicide and robbery; the tall and heavy to murder; the short and thin ones
to theft with ladders; the low and heavy to rape and assault.

DI TULLIO is the great heir of the Italian tradition, and he writes his Criminal
Anthropology where he recognizes the constitutional criminal of hypo-evolutionary
orientation, who, "due to hereditary, congenital or acquired causes, presents a poor
development of the individual characteristics that can be considered of more recent
acquisition and of greater evolutionary dignity".
In addition, it accepts three other forms of criminal constitution:

51
a) The neuro-psychopathic (epileptiform, neurastiform and hysteriform).
b) Psychopathic (deficit, paranoid, cycloid, schizoid and unstable) c) Mixed.

BIOTYPOLOGICAL THEORY.

It can be considered that Biotypology had its pre-scientific stage represented by the
physiognomists, although we find an appreciable amount of antecedents from the
Greeks to the Renaissance.
We have already mentioned Della Porta, Lavater, etc; until leading to Gall and his
phrenological theory. Biotypology has followed a long path, which denotes the search
for relationships between the physical characteristics of an individual and their
psychological characteristics. Thus, the Physiomists first, and the Phrenologists later,
will be the predecessors of modern Biotypology.

Biotypology should be understood as "The Science of the Human Type", with "type"
being understood as the category of men, constituted by the mastery of an organ or a
function.
For STANCIU and LAVASTIGNE: "Biotypology is the science of the Polyhedral
human type, conceived as a vital unit (called Biotype), with several facets:
Morphology, Physiology and Psychology.
Biotypology can be considered as a derivation of the individual morphology of Achille
de Giovanni and Viola, created by Pende, who in this way called the "science of the
vital human type understood in a polyhedral sense."

For PENDE, Biotype is the morphological, physiological and psychological result,

variable from individual to individual, of the cellular and humoral properties of the
organism. Criminological Biotypology would be the application of biotypological
knowledge to distinguish various types among criminals.

We agree with GIBBÓNS that: "The purpose of typologies is twofold. We need them
as a preliminary basis in the development of an etiological theory. Until we definitively
break with that traditional approach that includes all transgressors in the same
relatively homogeneous group, there is very little chance of making progress in the
explanation and prevention of crime and delinquency.” However, a biotypological
criterion has not yet been completely unified. There are as many wise men and
schools as there are methods and classifications.
We can distinguish with some clarity the following main biotypological schools, which
we have divided by country: French, German, Italian, North American and Mexican.

A. FRENCH SCHOOL
With very important antecedents within the so-called "morphology", the
constitutionalist school was founded by CLAUDIO SIGAUD (1862-1921), who
had divided men according to their external shape (flat and round), giving two
primary types: retracted and dilated.

Sigaud's theory produces 4 types, according to the predominance of each of the

systems:
 respiratory,
 digestive,
52
  muscular and
 cerebral.
These systems are seen to be related to the four main environments:
atmospheric, nutritional, physical and social.
The characteristics of the 4 types are:

a) Respiratory . Long chest, neck and nose, developed facial sinuses, sensitive
to odors and stale air.

b) Digestive. Lower jaw and large mouth, small eyes and short neck, wide thorax
and developed abdomen; obese.

c) Muscular. Harmonious development of the skeleton and muscles as well as

the three facial floors.

d) Cerebral. Fragile and delicate figure, with a large forehead and short limbs.

B. GERMAN SCHOOL
KRETSCHMER (ERKEST, 1888-1964) is, without a doubt, the greatest
representative of German Biotypology. Kretschmer makes a classification in the
following way:
a) Leptosome type. (From the Greek: leptos, thin; soma, body) its
characteristics are: long, thin body, small head, pointed nose, little fat,
elongated neck. Its geometric representation is a vertical line. Exaggeration
of the type is called "asthenic."

b) Type A Hetic . Great development of the skeleton, muscles and epidermis,

thorax and large head. Let's say it matches an inverted pyramid.

c) Picnic Type. (From the Greek puknos, wide). Strong development of the
visceral cavities, prominent abdomen, tendency to obesity and flaccid
appearance, round, wide and heavy head, short limbs. Its representation is
circular.

d) Dysplastic Type. These are subjects who do not fall into any of the groups
mentioned above; generally lacking harmony, with very exaggerated
characteristics. Krestschmer talks about 3 basic subdivisions: gigantism,
obesity and infantilism.

e) Mixed Type . They are the most frequent and come from combinations of the
other types produced by inheritance. It is difficult to find "pure" types, and the
important thing about this is that the coincidence of physical characteristics
with psychological characteristics cannot be exact.

KRETSCHMER makes another classification based on the biological aspect and

reducing psychological aspects; This classification is what we will see below:

53
 a) Schizothymic type. They are leptosomatic in constitution; are subjects
introverts, and can be divided into:
 Hyperesthetics: Nervous, irritable, idealistic,
 Intermediate: Cold, energetic, systematic, serene.
 Anesthetics: Apathetic, lonely, indolent, extravagant.
When the schizothymic type worsens we have the schizoid, and when we
become mentally ill we become schizophrenic.

b) Cyclothymic type. They have a pycnic constitution, they are extroverted

subjects, and although they change from one extreme to another (joy-
sadness), they can basically be recognized:
 Hypomanic: In continuous movement, joy.
 Symptoms: Realistic, practical, humorous.
 Phlegmatic: Calm, silent, sad.
When the cyclothymic type worsens we have the cycloid, and if we become
mentally ill it becomes a phrenic cycle (manic-depressive).
.
c) Viscous type. They have an athletic build, generally calm, with a certain
passive attitude, in some cases resentful, in others kindness. In many respects
they fluctuate between the leptosome and the pycnic.

Regarding Biotype and Crime, Kretschmer reaches the following conclusions:

That picnics represent the smallest number within the totality of crime, being also
those with the least recidivism and greatest adaptability. They are passionate or
occasional, rarely habitual.

The leptosomatics, for Kretschmer, follow the athletics in criminality, but their
criminal participation is less than that of the athletics. They are difficult to treat
and easy to relapse. Thieves and scammers abound among them.

For Kretschmer, athletics would be the types with the greatest criminal
inclination, mainly of a violent nature. They are explosive and sometimes cynical
individuals.

c. ITALIAN SCHOOL
The Italian School has very valuable representatives; We will mention three:
VIOLA, BÁRBARA and PENDE.

JACINTO VIOLA tells us that the human constitution is based on two systems:
1. The system of vegetative (visceral) life.
2. The relationship life system (nervous and muscular).
From here he deduces two types:
a) The brevilineo type. In which the development of the body is predominantly
horizontal, the trunk is mostly developed with respect to the limbs. They are
energetic, happy and full of vitality. Represents vegetative life.

b) The longilinear type . In which height predominates, the thorax is elongated,

the abdomen is flat and the limbs are long compared to the development of
the trunk. They are apathetic and depressed, with a lively intelligence but
54
 easy to fatigue; tendency towards introversion and fantasy. It represents
relationship life.

BÁRBARA considers the trunk as an expression of vegetative life and the

extremities as an expression of the life of relationship; Thus, there are 2 extreme
types Brachytype and Longitype, and one intermediate.

Nicola PENDE has the merit of taking endocrinological factors into account, and
classifies human beings into:
to). Aesthetic length. Strong, thin, muscular, he is tachypsychic, that is to say,
great reaction speed, with hyperfunctioning thyroid and adrenal glands
predominating.

b). Asthenic longilineus. Weak, thin, with poor muscle development,

bradypsychic, that is, slow reaction, and hypoadrenal.

c). Aesthetic brieflining. Strong, massive, muscular, short, they are bradypsychic
and have glandular hyperadrenalism.

d). Asthenic brevilineum. Fat, weak, bradypsychic, they are hypopituitary and
hypothyroid.

The famous "Pyramid" of Pende (Director of the Biotypological Institute of Rome)

is constituted by the base: inheritance and the other faces; morphology,
temperament, character and intelligence. The vertex is the Biotypological
synthesis.

d. AMERICAN SCHOOL
The most used classification in North America is the one created by Wiluiam
SHELDON and S. S. STEVENS. This classification has the advantage of starting
from an experimental plane. Starting from the blastoderm (cell from which we
all come), it recognizes three dimensions:
 Endoderm (viscerotony)
 Mesoderm (somatonia)
 Ectoderm (cerebrotonia)

This classification does not recognize a single type but rather several
somatotypes, based on a score (from 1 to 7) of each of the dimensions indicated,
thus 7-1-1 is the ideal endomorphic, 1-7-1 the ideal mesomorphic and II-7 is ideal
ectomorphic (or exomorphic). The middle ground would be a 4-4-4.
The point scales are achieved according to whether the subject lacks a certain
trait (I) or has it clearly determined (7), Sheldon managed a total of 60 traits
(posture, sociability, appetite, affectivity, tolerance, ambition, adventure, etc.) .

The physical characteristics (or static components as Sheldon calls them) are:
to). Endomorph. Heavy and developed digestive viscera, with relatively weak
somatic structures. Low specific weight, fatness.

55
 b). Mesomorph. Development of somatic structures (bones, muscles and
connective tissue) high specific weight, hard, erect, strong and resistant.

c). Ectomorph . Fragile, linear, flat-chested and delicate; long, thin limbs, poor
muscles.

From here he deduces 3 temperaments:

to). Viscerotonic. He is endomorphic, wild, slow, gluttonous, sociable, courteous,
kind, tolerant, satisfied, sleepy, soft, homely, extroverted.

b). Somatotonic. He is mesomorphic, firm, adventurous, energetic, athletic,

ambitious, daring, brave, aggressive, unstable, unscrupulous, boisterous.

c). Cerebrotonic. He is ectomorphic, rigid, fast, introverted, apprehensive,

controlled, asocial, socially inhibited, disordered, hypersensitive, insomniac,
juvenile, lonely.

The importance of Sheldon's studies is that, when the classification was applied
to groups of criminals, it was found that the majority are mesomorphic. The
GLUECKs, in their notable study, found that among the criminal population there
are 60.1% mesomorphs, while among non-criminals there are 30.7%. As for the
ectomorph, it is the least criminal type, since it is only found in 14.4% of
criminals, in contrast to 39.6% of non-criminals.

AND. MEXICAN SCHOOL

In a very remarkable study, the Mexican masters JOSÉ GÓMEZ ROBLEDA and
ALFONSO Quraoz CUARÓN manage to simplify the previous complicated
systems to the maximum, and with great precision discover a formula to
determine the "summary type", taking only weight and height.

Knowing that height is governed by the laws of heredity and weight is modified by
changes in the environment, height is the best index of constitution and weight of
temperament.
The formula is P — E = D, that is, weight minus height equals deviation; If the
deviation is positive (+) it will be a brachytype, if it is negative (—) we have a
longitype, and if there is no deviation it is a normotype.

The great advantage of the Mexican study is that it is calculated for the
population of Mexico, avoiding the common error of using foreign studies that
lead us to false conclusions.

56
 III UNIT
FOURTH WEEK
1st Session
10/APR/2023

CRIMINAL ENDOCRINOLOGY

Criminal Endocrinology. Relationship between hormonal functioning and crime.

Background. The endocrine glands: the pituitary or pituitary, the thyroid, the
epiphysis or pineal, the thymus, the adrenals, the pancreas, the sexual gonads.

BACKGROUND
It is CLAUDIO BERNARD in 1851 who gave birth to Physiology, by discovering the
glycogenic function of the liver and demonstrating that sugars are discharged from it
into the bloodstream through the subhepatic veins. This is where the difference
between endogenous glands and exogenous glands arises.

In 1855 THOMAS ADDISON (1793, 1860) discovered the function of the adrenal
glands, discovering the disease that bears his name. From here, knowledge of
endocrinology will develop extraordinarily.

TAKAMINE and ALDRICH manage to isolate adrenaline from the adrenals, and
STANLINGEN (1905) will call the substances secreted by the endocrine glands
"hormones" (hormone: from the Greek I excite).

GREGORIO MARAÑÓN (1888-1960) would make the first connections between the
endocrinological aspect and the psychological aspect. Marañón will greatly
demonstrate how glands influence human behavior, and how there is an
interrelationship between body and spirit.

THE GLANDS
The glands can be divided into two: endocrine glands (or internal secretion) where
they secrete hormones directly into the bloodstream and exocrine glands (or external
secretion) that secrete their content through a secret channel (salivary, gastric,
sweat, lacrimal). .

57
The different personality traits depend directly on glandular functioning and
personality changes if the endocrine glands are hyper (more) or hypo (less)
stimulated, or if their function is inconsistent (dys).

The endocrine or internal secretion glands that have influence on criminal behavior
are:

1) The Hypophysis: Pituitary gland, located at the base of the brain, in a bony
structure called the sella turcica. It is the glandular control center; Despite its
small size (it weighs half a gram), it secretes about 40 hormones with which it
directs the other endocrine glands. The most important is the one that has to
do with growth or STH; hormone that makes the body grow to where it needs to
grow.
An especially significant reinforcement is given to the hypothesis of bodily-
psychic correlation through the study of endocrine disturbances, which explain
the influence of blood chemical processes (hormonal, humoral) on the somatic
and psychic life of the individual. Relying on them, research establishes a
series of “endocrine character types.”
2) Adrenals: Two glands, each located on a kidney. They are distinguished not only
by their constitution but also by their functions. that they perform. The adrenals
secrete adrenaline (hormone) and norepinephrine, due to fear, anger, terror.
They act on the vegetative nervous system; especially when the agency must act
quickly in emergency situations.
They are of great importance because they intervene in all cases of emotional crime,
when fear, anger, hatred, terror, etc. occur.

3) Thyroid: Located in the neck, in front of the trachea, it secretes thyroxine (iodine).
It is a biological accelerator. Its hypofunction causes cretinism, which gives rise
to the appearance of endemic goiter (T3 and T4).

4) Parathyroid: In the posterior part of the thyroid, there are 4 glands with opposite
functions to the thyroid. They secrete parathyroxine.

5) The pancreas; It is a mixed gland; secretes pancreatic juice, in an exocrine

function, discharged into the digestive tract, and there into some cells The
hormone insulin is produced, whose function is hypoglycemic (decreases).

6) Testicles: Male sexual glands, called male gonads, have a double function: they
produce sperm and secrete testosterone, which gives secondary and tertiary
sexual characteristics (deep tone of voice, beard).

6) Ovaries: They are two gonads, on the sides of the uterus, they produce and
release eggs, but these two ovaries secrete two hormones: folliculin and
progesterone. They regulate the menstrual cycle and produce secondary female
sexual characteristics.

CRIMINAL ENDOCRINOLOGY
It is the science that tries to discover the origin of crime in the functioning of the
internal secretion glands. The imbalance of glandular secretions generates disorders

58
in human behavior and in turn motivates crime. Try to demonstrate the decisive
influence of hormones in the etiology and appearance of the crime. For its creators,
the imbalance of glandular secretions generates behavioral disorders human which,
in turn, motivate crime.

MAIN ENDOCRINE-CRIMINOLOGICAL STUDIES.

LYONZ HUNT studied a sample of a thousand criminals, and found that 40% of them
had endocrinopathies (endogenous pathology), mainly hyperthyroidism in passionate
criminals, and hypothyroidism in lazy people and criminals.

KINBERG studied and made a very good summary of the main discoveries made
until then in endocrinology and crime, reaching conclusions similar to those of
previous authors, and finding that in young criminals more than 50% have
endocrinological alterations.

PENDE in Italy, SCHLAPP and SMITH in the United States, MJOEN and
BRANTEBERG in Norway, KRONFELD in Germany, reach very similar conclusions,
that is, the number of criminals with endocrinological alterations is much greater than
the number of subjects who have endocrinological alterations in the world.

There is no doubt, as we have already stated, that crime or criminality cannot be

explained by a single factor or cause.
Endocrinology has provided multiple data for a better understanding of human
behavior, and Pende stated that the study of the internal secretion glands can partly
explain the how and not the why of crime.

DI TULLID states that: It is necessary to keep in mind, in this regard, the importance
of the glands of external secretion and especially those of internal secretion, in the
development of temperament and of the individual character itself, and that is why it
has long been a question of to know better and better the influence that hormonal
and neurovegetative dysfunctions can have on the genesis and dynamics of crimes
against people, against good morals and even against property.

It is believed that the following relationships can be established between hormonal

functions and criminal activity:

a) Relationship of genetic subordination of ethical anomalies and criminal

tendencies to hormonal functions.

b) Relationship of simple coordination and reciprocity of one another, as

manifestations of a special degenerative disposition of the individual.

c) Relationship in which hormonal and ethical anomalies remain independent and

autonomous.

Having established this, it is understood how, among the causal factors of crime, one
must necessarily also remember the functional alterations of the internal secretion
glands. It is well known that there are many authors who have faced the problem of
59
the relationship between Endocrinology and Crime, starting from the premise that,
since the functions of the internal secretion glands, and especially their dysfunctions,
can influence temperament and individual character, in some cases, such hormonal
functions and dysfunctions can also influence the development of criminality. This,
also, due to the fact that the internal secretion glands have close links with the
vegetative nervous system, which, in turn, has close relations with the instinctive-
affective life, strongly influences the development of temperament and individual
character. . Hence the different relationships that can be established between
endocrine functions and psychic activity, between endocrine temperaments and
individual characters, between individual hormonal constellation and criminality.
Therefore the endocrine glands are of great importance in the study of crime, since
their malfunction could cause the individual is inclined to crime. This is what is called
endocrinopathy.

III UNIT
FOURTH WEEK
2nd Session
12/APR/2023

CRIMINAL ENDOCRINOLOGY

Criminal Endocrinology : Sex and criminality. Main Paraphilias: Voyeurism,

fetishism, froteurism, pedophilia, sexual sadism, sexual masochism, exhibitionism,
necrophilia.

Human sexuality can be quite complex. It is surrounded by terms such as sadism,

exhibitionism or voyeurism that are part of the everyday word, despite the fact that they
are sexual preferences that go beyond what is established as "natural" or normative.
These preferences are called paraphilias or sexual philias .

The etymological origin of the term paraphilia comes from the Greek “ para ” which can
be translated as “next to”, which is used to refer to something perceived as incorrect
(deviant), plus the Greek “ filis ”, “ philéo ” which can be translate as “ affinity ” or “
inclination to something ”, “ lover ”. Thus the meaning of paraphilia would be
“affinity for something wrong.”

DEFINITION

According to the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-APA),

paraphilias, previously known as sexual deviations or perversions (currently out of use
due to their pejorative connotation), can be defined as sexual fantasies and recurrent
sexual impulses or behaviors. intense, to achieve sexual excitement that is achieved

60
beyond conventional sexual relations. In fact, individuals who practice it may outwardly
appear as normal as anyone else. Paraphilias generally encompass sexual arousal:

- non-human objects
- Suffering or humiliation of oneself or one's partner
- Children or other non-consenting persons.

We will mention those paraphilias that may transgress the criminal law:

 THE FETISH:
It consists of sexual arousal, preferably or exclusively, in which an inanimate
object (fetish) is involved. Fetishes tend to be articles of clothing (women's
underwear, shoes) or, less frequently, parts of the human body (e.g., hair, feet).
This deviant sexual behavior only becomes illicit when the objects that produce
this sexual arousal are stolen.

 VOYEURISM

It consists of sexual arousal caused by repeated and surreptitious viewing of

naked individuals who are undressing or engaging in sexual activity, as long as
they do not give their consent to be observed. This is a non-contact crime, since
the voyeur does not seek any type of sexual contact with the people observed.
Often the individual masturbates during the act or shortly afterward, but does not
seek sexual relations with the people observed.

 PEDOPHILIA OR PAIDOPHILIA .

Pedophilia can be defined as the sexual arousal that occurs in an individual when
he or she has recurrent and intense sexual fantasies, sexual urges, or sexual
behaviors that involve sexual activity with children 13 years of age or younger.
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 The person with the paraphilia must be at least 16 years old and at least 5 years
older than the victim. This pedophile interest is stable throughout the subject's
life, appearing for the first time in adolescence. Subjects who are attracted to pre-
pubertal children (pedophiles in the strict sense) can be distinguished from those
who are attracted to adolescents (also called hebephilia).
Pedophilia that affects girls as victims is much more common than that that
affects boys. People who have this disorder and who "use" children according to
their impulses may limit their activity to simply undressing them, observing them,
exposing themselves in front of them, masturbating in their presence, or
caressing and touching them gently. Others, however, perform fellatio or
cunnilingus, or penetrate the child's vagina, mouth, anus with their fingers,
foreign objects, or penis, using varying degrees of force to achieve these ends.
These activities are commonly explained with excuses or rationalizations that
they may have “educational value” for the child, that the child derives “sexual
pleasure,” or that the child is “sexually provocative,” themes that are otherwise
common in pedophile pornography. . Some people with this disorder threaten
children to prevent them from talking. Others, particularly those who do it
frequently, develop complicated techniques to gain access to children, such as
gaining the mother's trust, marrying a woman who has an attractive child, trading
with others who have the same disorder, or even, in cases rare, adopt children
from developing countries.

 FROTEURISM
It consists of sexual arousal by touching or rubbing against a person without their
consent. They usually take place in crowded public places, such as buses, trains,
or busy shopping malls. It is a high frequency paraphilia and is normally carried
out by men, with the victims being women who are abused from the back of their
body.

 SEXUAL MASOCHISM
It consists of sexual arousal through suffering, that is, being humiliated, beaten,
tied or by suffering pain by some means. A priori this is not illegal behavior,
although there have been cases in which serious physical harm and even death
has been caused. This paraphilia includes asphyxiophilia, when the limitation or
62
 cessation of breathing during sexual activity is used to increase arousal and
orgasm.

 SEXUAL SADISM .
It is a behavior that consists of feeling sexual pleasure by causing physical or
psychological pain (including humiliation) to another person. Sadistic acts can
increase in severity over the years, especially in subjects with antisocial
personality disorder, leading to serious physical damage and even death.
It does not have to be illicit behavior at all times, since certain sadistic behavior
may be consensual - and even desired by the partner, although this condition
would be abandoned and could lead to legal problems if serious physical harm or
even death were caused. death.

 EXHIBITIONISM

This paraphilia occurs when a repeated act of exposing the genitals to an

unknown person is carried out, with the purpose of achieving sexual arousal,
without subsequently intending to have sexual relations with the stranger,
although many times the exhibitionist masturbates. at the time it is shown (or
when it is imagined to be exposed). It usually appears during adolescence, it is a
recurring behavior and is related to alcohol and drug consumption. This disorder
appears, apparently, only in men and the victims are women and children. The
legal consequences of this behavior are frequent and there are many arrests for
this cause.

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 NECROPHILIA

It consists of sexual arousal, through contemplation, contact, mutilation or mental

evocation of a corpse. Necrophilia is sadistic when the paraphiliac first kills the
victim and then rapes or sodomizes her.
Some morgue and funeral agency workers have been known to be caught sexually
assaulting corpses, and there have been people who have dug graves to get a
corpse to have sex with. More commonly, there are serial killers such as Ed Gein,
Ed Kemper, Jeffery Dahmer, and Garry Ridgeway who have sexually preyed on
dead victims.

LEGAL CONNOTATION OF PARAPHILIATES

Some of these paraphilic disorders are considered sexual crimes, such as
exhibitionism, froteurism, voyeurism or pedophilia. Others, such as masochistic or
sadistic behaviors, are on the border of legality, not being punishable if there is consent
from the adults involved in said sexual practices. Finally, fetishes are not necessarily
illegal, although they are often frowned upon and can lead to minor crimes, such as
theft of clothing, etc. Now, this does not mean that sexual crimes are carried out
exclusively by people with paraphilias. Likewise, it is not an indication that every
paraphiliac is a potential sexual offender.
In general terms, it can be stated that paraphiliacs are imputable , since they have full
capacity to want, understand and act with absolute clarity of conscience. However, it
must be taken into account that in some cases paraphilia may be associated with a
mental disorder, such as a psychosis where there is a loss of contact with reality,
which, if established through specialized expertise (psychological and/or or psychiatric)
the author would be unimpeachable, that is, exempt from criminal responsibility).

64
 III UNIT
FIFTH WEEK
1st SESSION
17/APR/2023

PSYCHOLOGICAL APPROACH TO CRIMINALITY

Psychological Schools that have contributed to crime. Psychoanalysis, Behaviorism.

Gestalt. Frustrations, Aggression and Criminality. Mental alterations or disorders
(psychosomatic) and their classes.

INTRODUCTION
The Lombrosian theory did not seem sufficient to explain certain apparently
incoherent crimes, which obeyed trivial, strange and sometimes incomprehensible
motivations, nor did sociological or anti-Lombrosian explanations seem to be able to
unravel the mystery of the deep motivations of the crime.

It is thanks to the Psychological Approach that a series of problems are resolved,

some are posed in a different way and, of course, new ones arise.
Psychologists seek to discover these motives hidden in the most hidden places of the
human mind, and in their constant concern, they will contribute notable knowledge
and new techniques to criminological science.

Orthodox or Freudian Psychoanalysis is perhaps the psychological school that has

revolutionized and contributed the most to Criminology. But there are also other great
psychological schools such as Reflexology, Behaviorism, Gestaltism,
Phenomenology, and the current trend of Radical Psychology.

YO. PSYCHOLOGICAL SCHOOLS THAT HAVE CONTRIBUTED TO

CRIMINOLOGY IN THE STUDY OF CRIMINALITY.

TO. THEORY OF PSYCHOANALYSIS.

1. SIGMUND FREUD.
The famous Austrian neurologist and psychiatrist was born in 1856 and died in
1939. He lived almost his entire life in Vienna, where he studied and founded
an important school. He studied with Charcot and, on a friendly basis, with
Breuer; originated psychoanalysis, mainly studying hysteria.}

He had very important disciples, among them Jung and Adler. In many aspects
his life is parallel to that of Lombroso: both were doctors, both were Jews,
and it cannot be disputed that both were geniuses, that they had
extraordinary discoveries outside their field or specialty, and that they have
65
 formed separate schools. . Both have been equally fought and slandered.
The influence that Freud will have on Criminology is indisputable.

Although he was born in Freiburg (Moravia), he spent his entire life in Vienna,
since from a young age he was taken there by his father (second marriage,
he was already a grandfather) and by his mother (he was 19 years old).
Outside of his studies at the Salpctriére, and some travels, he would spend in
Vienna "more than 50 years in the same house, working in the same room, at
the same desk."
His life, otherwise methodical, passes between the office, the university and
his research.
At the University he is completely blocked, they do not allow him to use the
laboratories (because only "serious and scientific" psychology was taught
there), and if they allow him to teach classes as an extraordinary professor it
is thanks to pressure from an influential patient.

They do not admit him to the Medical Society, and he becomes the "black
beast" of the University of Vienna, and as Stefan Zveig relates: "Freud has
never held a professorship: he has always been what he was at the
beginning." "An extraordinary teacher among ordinary teachers."

By 1908, with a small group of friends and students, he organized a conference

in Salzburg, and edited the first psychoanalytic journal; In 1910, the second
congress was held in Nuremberg, and the International Psychoanalytic
Society was founded. This is the strongest moment of the psychoanalytic
movement, with Bleuler, Jung, Ferenczi, Adler, Stekel; publications multiply,
they are called to give conferences, etc.

Then will come the anti-Freudian phase, attacks and criticism abound, students
separate, and the First World War contributes to a general stagnation. He
spent his last years in London, since he had to leave Austria when it was
annexed to Germany by Hitler. Freud's books were on the Nazi "index" and
were banned and burned. Freud's production is very extensive, and has
been collected in 30 volumes (not counting correspondence).

Let us now study the basic points of Freudian theory that are directly related to
Criminology, or that have tried to explain crime in some of its facets.
The entire Freudian theory revolves around sex; For Freud, sex is the engine
that moves man. Every human act (and therefore crime, antisocial, deviant)
has a base, a substrate, a sexual meaning.

The Instincts
The basic instinct is "eros" or life instinct, an instinct that is primarily and
basically sexual. This instinct is opposed by the thanatos or death instinct.
Life and death, two aspects that conflict. Sometimes we move looking for life,
sometimes we move looking for death. Sometimes it is the life or death of
others, and sometimes it is one's own life or death.

66
This idea of instincts in Freudian theory is going to have an extraordinary
impact on Criminology, as it is going to study whether man actually has a
death instinct, a thanatos, which leads him to destroy, kill, commit crimes.
Thus arises the first psychoanalytic explanation of crime: it is a
predominance of thanatos over Eros, of death over life.

The Oedipus Complex

Based on a Greek tragedy (masterfully treated by Sophocles), Freud
develops this important part of his theory.
The king of Thebes, Laius, is warned by the oracle that his destiny is to die at
the hands of his future son, so Laius orders the newborn Oedipus to be
killed, which does not happen, because the person in charge of doing so
repents and gives the oath. small to a shepherd, who takes him to the kings
of Corinth, who adopt him.
As an adult, Oedipus goes to the oracle of Delphi, who predicts that his
destiny is to kill his father and marry his mother. Oedipus flees Corinth to
escape his fate, unaware that he is actually running towards it. At a
crossroads he has an altercation with some travelers, killing three of them,
among whom is Laius, then he confronts the Sphinx, a monster that had
terrified the city of Thebes, he enters it triumphantly and marries the queen
widow, Jocasta.
Years later, upon learning the truth, Jocasta, the wife-mother, kills herself;
Oedipus, the husband-son, puts out his eyes and goes to wander
accompanied by his sister-daughters.

For Freud, we are all Oedipus, at least in early childhood, when the mother is
sexually desired and the father is hated.
This phase must be overcome, otherwise the subject will develop a series of
anomalies, his personality will be poorly structured, and he may end up
committing crime, sometimes out of a feeling of guilt. The criminal is
therefore a subject who has not resolved his Oedipal problem.

The above works for men, and when Freud tries to explain what happens
with the female gender then he wastes his imagination, since he says that in
reality what happens with women is that they have a castration complex, that
is, that the girl When observing the father and mother, she realizes that
surely she, at one time, had a sexual organ like men, but because she
desired her mother she was castrated and lost it. Then comes a curious
phenomenon, that the woman will fear and hate the father, because she
subconsciously believes that he is the castrator, and on the other hand she
will love him due to a phenomenon called "penis envy", that is, she will love
to the father because he envies his genitals (which are used to possess the
mother).

Libido
Freud says that, just as hunger exists, in reference to the instinct of nutrition,
for the sexual instinct "science uses the word libido in this sense."
Libido develops together with the individual and this development must be
parallel, otherwise anomalies will occur.

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The libido must have a heterosexual tendency, that is, it must seek a being of
the opposite sex, otherwise, whether it is delayed, advanced, reversed or
lost, this will bring problems, including some that can be considered criminal.
Sexual mistakes and aberrations are deviations of the libido, thus, there are
facts that can be parasocial or frankly antisocial, such as fetishism,
lesbianism, homosexuality, bestiality, nymphomania, bisexuality, etc., when
they affect a third party. .

The Stages of Development

Certain parts of the body are closely related to the libido, these are called
"erogenous zones", and for Freud there is an order of development, in which
the libido is fixed in the various zones, making these the center of interest of
the subject. . According to this, the following stages can be distinguished:

a) Oral. The mouth is the first center of interest and pleasure. The
newborn sucks and suckles, and Freud compares the child's state of
satisfaction after suckling with the relaxation after orgasm. This stage
lasts the first year of life, during which the child carries every possible
object in his mouth.

b) Anal. Subsequently, the man will move on to an "anal" stage, where the
main erogenous zone will be the anus, and the greatest pleasure that
the child will have will no longer be sucking, sucking, licking. , or biting,
but defecating, especially when he has proper control of his sphincters,
and then he will be able to refrain from defecating to feel greater
pleasure later. The anal stage is divided into "retentive" and
"expulsive", and it is at this time where the active or passive tendency of
the subject will appear.

c) Phallic. The interest is the penis (in women the clitoris) and Freud finds
early masturbation. At this stage, at first, the sexual interest is self-
erotic, but it soon flows towards the parents. This is the stage where
Oedipus is clearest, and the one that causes the greatest conflicts.

d) Latency. In this stage, sexual desires disappear, libido She

remains numb and her situation is not clear.

e) Genital. When adolescence arrives, interest in the sexual organs is

reborn, and genital copulation is sought. By finding a partner, the man's
fear of castration is lost, and the woman "discovers" vaginal pleasure,
thus resolving her castration complex.

However, the subject may not evolve and become "fixed" to a stage prior to
the genital stage, which happens due to frustration at that stage or due to
excessive gratification.
This can psychoanalytically explain some crimes and deviant behavior.

Thus, subjects "fixed" in the oral stage will fall into deviations such as
alcoholism, behaviors such as smoking and onychophagia, or crimes such as
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insults, slander or defamation. As we can see, the pleasure center is the
mouth.

On the contrary, the individual fixed in the anal phase is the criminal against
property, just as he retains excrement (retentive anal), so he desires material
goods, the usurer, the thief, the fraudster, are anal types. Here it is also
explained how the thief easily spends what he obtained easily, with the same
pleasure as a child when defecating (anal expulsion).

Phallic subjects can be those who commit sexual crimes such as rape,
statutory rape, and the much feared incest, since they do not use the penis
for its reproductive function, but simply for pleasure.

The Intrapsychic Device

The most notable contribution of Freudian theory to psychological knowledge
is the discovery of the unconscious and the so-called intrapsychic apparatus.
Freud calls the representation that is present in our consciousness
conscious, while he calls unconscious "those latent representations that we
have some basis for suspecting are contained in the mental life."

This is how he describes the so-called topographic division (of topos, place)
of the psyche, which consists of:

to). Aware. It is the realization, it is the current moment.

b). Preconscious. It is what we can bring to consciousness with a simple act

of will.

c). Unconscious. It is the forgotten, the unknown, the unrecognizable. The

unconscious becomes, in psychoanalytic theory, the most important part of
the psyche, it is the place where all the useless, traumatic or harmful things
go, it is a kind of giant garbage dump where what embarrasses us, bothers
us, is sent. or it distresses us.

Freud compares personality to an iceberg, where the unconscious is the

submerged part, it is not visible, but it exists, it cannot be grasped, but its
great mass is what moves the part that can be appreciated and that we
mistakenly believe is the whole, only because it is what we know. The
experiences do not disappear, they are not "forgotten", they go to the
unconscious and live there with great dynamism. Furthermore, there is
unconscious "thinking" and "feeling."

This discovery opened a world for exploration in Criminology: every crime

has a deep, unconscious motivation, unknown even to the criminal himself.
A new blow to the theories of free will, a victory for the determinists: then
man (and therefore antisocial man) is not free, he believes that he does
things by his will, but in reality he is a toy of his unconscious.

The dynamic division.

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In addition to the topographic division, there is a dynamic division that is
composed of three components:

a) The It, which is the original nucleus (at birth one is pure IT), where the
instincts, tendencies, passions, drives reside. This component seeks and is
governed by the pleasure principle.

b) The Self is in contact with the environment; It is formed as the

individual develops and is governed by the reality principle.

c) The Super Ego, or Ego ideal, is a formation that emerges from the ego,
and is the introjection of the father figure. This is done during the repression
of Oedipus, and the greater this has been, and the greater the repression,
the stronger the Super Ego will be. The Super Ego follows the principle of
duty, and the functions of self-criticism, acceptance of moral norms and
formation of ideals are attributed to it.

Thus, in fact, the first psychoanalytic hypothesis in criminological matters was

that the criminal was a man devoid of Super Ego. Later it would be proven
that many criminals are far from lacking a Super Ego, on the contrary, there
are some who have a righteous hypermorality.

The instincts, Thanatos and Eros, are also under discussion, but the
Freudian contribution of the theory of man's innate destructiveness is
undeniable. It is currently known that human beings have, like animals, an
inner force that leads them to attack, this is aggressiveness, and it is a
psychological force at the service of the instinct of self-preservation.

Now, thanks to Freud's contributions, the dynamics of deviant behavior can

be made, and many mechanisms that were inexplicable to the first
criminologists can be understood.

In several parts of his works Freud is concerned with the criminal

phenomenon; and he said that the criminal differs from the neurotic in his
unleashing of aggressiveness, in that step to the act, which the neurotic
generally imagines, but never manages to carry out.

For Freud, there is a tendency to repeat the traumatic scene so as not to

suffer it passively. This is not only the explanation for the confession, but also
for the fact that the criminal returns to the scene of the crime. The criminal
feels frustrated, is frequently a vigilante and legitimizes himself.
One of the most interesting explanations is that of the offender due to a
feeling of guilt. Freud is surprised by the large number of patients who
confess to having committed some illicit act in their lives, and, after analyzing
them, he comes to the conclusion that "such acts were committed, above all,
because they were prohibited and because their execution "was linked, for its
author, to a psychic relief". "The subject suffered, in effect, from a painful
feeling of guilt, of unknown origin, and once a specific offense was committed

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 he felt the pressure of it mitigated. The feeling of guilt thus remained, at least,
attached to something tangible."

2. ALFRED ADLER (1870-1937) AND INDIVIDUAL PSYCHOLOGY.

You come, he had a difficult childhood, as he was a weak and stunted child,
which guided his concerns about the complex of physical inferiorities. He
was a professor at the Vienna Pedagogy, and later at the Long Island
Medical College in New York and at Columbia University, (USA).
He was already a renowned doctor when he met Freud, becoming one of his
first followers, and working together for 10 years. (1902-1911).
His work is abundant, and highlights: "Study on Organic Inferiorities" (1907),
"The Nervous Character" (1912), "The Knowledge of Man" (1927), "The
Meaning of Life" (1933).
He separated from Freud due to clear differences in theory, which the
founder of psychoanalysis could not accept; Adler then founded his own
school, "Individual Psychology." The name "Individual Psychology" given to
Adler's theories does not imply an opposition between the individual and the
collective, on the contrary, for Adler environmental influences have great
importance, in reality individual, or "individual", is used. that is, that which is
one, that which is undivided, that which is not divided, that which cannot be
divided without losing its nature.

Individual psychology focuses on three principles that determine human

behavior:
1. The feeling of inferiority genetic, organic or conditioned by the situation.
2. The effort to compensate for this feeling of inferiority through the ambition
for power.
3. The feeling of community, which attenuates the feeling of inferiority and
controls impulses of power.

The feeling of inferiority is universal in man, for Adler we all feel inferior in
relation to something or someone.
The first inferiorities come from physical handicaps, in which there is some
inferior organ, then from the real inferiority in which the child finds itself
compared to adults.
As causes of the inferiority complex, Adler mainly finds organic handicaps
and psychic inferiority, due to lack or deformity of organs, weakness, etc.
But these are not the only causes, since social and economic conditions,
when they are extraordinarily contrary to the subject, make him fail, when
under normal conditions he would have triumphed.
There are times in which the feeling of inferiority is so prolonged, so
invincible that, faced with the impotence to overcome, an inferiority complex
develops.
We must therefore distinguish inferiority itself from the feeling that produces
such inferiority, from the complex, which is pathological and that can
immobilize the subject.

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You can react to the feeling of inferiority in two ways: either you get sick and
then attract the attention of others, manipulate them and exercise power over
them, or you compensate by entering into a frank struggle for power.

Man is always driven by a desire for superiority, the tendency to improve

becomes the fundamental law of life. The continuous desire to improve
makes man continually seek perfection, but by not finding it he feels inferior,
thus arising the feeling of inferiority, "being a man is equivalent to possessing
a feeling of inferiority that continually impels us to overcome it."

Along with the feeling of inferiority and the tendency to excel, the feeling of
community comes to constitute a basic element for the Adlerian
interpretation. This feeling is formed in the individual from a young age,
thanks to family influence, and will cultivate its formation in school and finally
in society. The feeling of community implies an idea of an ideal community,
and in reality it should also be interpreted as a search for perfection. The
feeling of community can be seriously altered by endogenous factors, such
as malformations or physical handicaps, and by external factors, such as
poor education, excessive gratification of parents to their children, excessive
severity, etc.

Adler had particular interest in the criminal phenomenon, he visited prisons,

he differentiated the population in them, dividing them into neurotics and
criminals, he studied criminals, etc. Let's look at some of his contributions in
the criminological field.
The criminal is an enemy of society, and does not regret his crime, he lacks
social interest. The neurotic, on the other hand, does have a social interest.
For this reason, it is more difficult to regenerate a criminal than a neurotic.
The criminal has a private intelligence, his own logic, he breaks with the logic
of life. Thieves are the most difficult of all criminals to regenerate.
Prisons are universities of crime, and there must be better treatment for
inmates, more interest must be placed in rebuilding social values in them.
The worst thing about prisons is the brutality or isolation. Adlerian finalism, in
which not only causes but also ends are considered, in many ways led
criminologists to ask not only why? of crime, but also the why? of antisocial
behavior.

For Adler, "half of the subjects who commit a crime are workers without a
specific profession, who have already failed in school. "A large number of
criminals detained by the police suffer from venereal diseases, a sign of the
insufficient solution to the problem of love."

According to Adler, the inferiority complex acquires great importance

because it can lead to not only neurotic attitudes that weigh on the criminal
decision, but also personality alterations that determine criminal reactions in
a man who should be considered normal.

Due to some physical and psychological inferiority, the subject may be driven
to compensatory actions and by a conflict between "a potential desire" and

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 "the need to join the environment." This complex is frequently fueled by the
condition of inferiority in one's own family, in another social environment,
exasperating a neurotic state due to this underestimation of one's own
personality that excites rebellions that can be criminal.

Thus, referring to the criminal, Adler says that "their 'superiority complex'
comes from the conviction that they are superior to their victims and that with
each crime they carry out they play a new trick on the laws and their
defenders. Indeed, perhaps there is not a single criminal who does not boast
of having committed more crimes than those accused of him. The criminal
carries out his crime in the certainty that he will not be discovered if he does
things well. "If he is caught red-handed, he will be completely convinced
that what lost him was the omission of some minimal detail."

Now, these are the problems to which life functions are subordinated, and
these are: a) social life; b) work; c) love. The reaction to these three
problems is what is called "lifestyle."
When the reaction is not adequate, the subject develops deviant behaviors,
the inability to resolve social life, work and/or love, leads the individual to
insufficiencies that translate into neurosis, sexual perversion, suicide,
criminality, etc.
Adler assumed that our psychic development depended mainly on the social
environment, suggesting that the psyche is, to a large extent, a man-made
product, and that we do not depend on a general psychic organization, but
that each individual is different from the others in relationship with their
attitudes towards the environment and those of the latter towards the person.

Therefore, he is the first to do Criminological Psychology, that is, to leave

closed psychological schemes to seek more complete explanations. "The
fact that when investigating the causes of crime we often come across the
terrible environment that surrounded the child and that the majority of crimes
are committed in each city in certain (poor) districts, does not allow us to
draw the conclusion that "If the cause of crime is misery, on the other hand, it
is easy to understand that it would be strange if the feeling of community
were normally developed under such conditions."

The feeling of community is important in the Adlerian explanation of crime,

and largely replaces the explanation of the lack of the Super Ego. The well-
formed feeling of community is a criminorepellent factor, but there are cases
in which it is seriously affected by situations that make the individual lose
control, such as economic crises, war, revolutions, etc.

3. CARL GUSTAV JUNG

He was born in Switzerland in 1875 and died in 1961. He was an assistant at
the Zürich psychiatric clinic and a professor from 1905. He presided over the
International Society of Psychoanalysis in Vienna until, in 1912, he came into
conflict with Freud by founding "Analytical Psychology."
Within his work we can mention "Theory of Psychoanalysis" (1902).
Psychological Types, Contributions to Analytical Psychology.

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 Jung denied the sexual basis of Freudian theory, for him sexuality is just one
of the forms of vital energy. The basic driving force may be self-preservation.
The two extremes are masculine-feminine and introversion-extroversion.
Introversion implies a reserved, meditative, doubtful, defensive temperament.
Extroversion, on the other hand, is expressed by a caring, open, kind,
adaptable, easy-to-relate temperament.

Introvert and Extrovert can belong to four types: thinkers, feelers, intuitives
and sensitives. This Jungian typification has been used in Criminology and
is useful for making classifications.
It states that the unconscious aspects of the personality are not necessarily
undesirable, and sometimes these potentialities must be favored and
developed. This changes some analytical principles, and is used in
Criminology in that criminal potential can be channeled into something
useful, and not necessarily eliminated.

A novel contribution of Jung is his idea of the "collective unconscious", which

is in a certain aspect hereditary, and constitutes a rich cultural heritage, each
man revives that unconscious and can enrich it in turn, the significant
memories of humanity are part of the inheritance of each person. This leads
us to ask, immediately, if there is a "collective unconscious" of a criminal
nature, or if unconscious tendencies of an antisocial nature can be inherited.
Just as we find similar symbols and myths in cultures from regions very far
from each other, which can only be explained (in Jung) by being part of
human inheritance, would the similarity in antisociality be proof of the
collective unconscious? Are we close to the ideas of criminal atavism of other
authors?

b. BEHAVIORISM
Behaviorism has gone through several stages of evolution; Basically three can
be recognized, with different implications:
a) Classical Behaviorism (1912-1930), with WATSON at the helm. This was a
controversial period in which work programs were proposed and the
introspectionists fought.

b) Neobehaviorism (1930-1950) had its main exponent in G. L. HULL. We

sought to form a scientific theory of behavior from a hypothetico-deductive
point of view.

c) Expansion of Behaviorism (1950). The limits were noticeably extended.

Problems previously considered mentalistic were treated.

According to Behaviorism, mental categories (consciousness, feelings, etc.)

cannot be the object of Psychological Science, considering them only a
philosophical category. Watson claimed that he could make any healthy baby,
by raising him in a suitable world, anything: "a doctor, a lawyer, an artist, a great
merchant, and even a beggar or a thief, with complete independence of his
talents, predispositions, inclinations, aptitudes and ancestry".

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The most important contributions to the revival of behaviorism are undoubtedly
due to BURRHUS FREDERIC SKINNER.
Skinner experiments to demonstrate that the behavior of organisms is controlled
and determined by environmental factors, but he no longer denies the existence
of internal manifestations of behavior.
The primitive basis of stimulus-response, conditioning and reinforcement,
continues to be used by Skinner to explain antisocial behavior:

"We have seen that punishments convert the stimuli generated by the punished
behavior into aversive ones. Any behavior that reduces this stimulation is,
therefore, automatically reinforced.
Among the types of behavior most likely to generate conditioned aversive
stimuli as a result of punishment is the behavior of observing the punished act
or observing the occasion for it or any tendency to carry it out. As a result of
punishment, we not only perform other behavior to the exclusion of the
punished forms, but we perform it to the exclusion of knowledge about the
punished condition.

Thus, Criminology has been the science of "social control" which is achieved
through "reinforcements", however, Skinner affirms that "all people control and
all are controlled", that is, in a certain way the criminal he controls society as
much as it tries to control him.

Criminology was widely interested in this trend, obtaining achievements mainly

in the aspect of emotions, criminal habit, criminal interrogation, etc.
However, the achievements in terms of behavioral transformations have not
been as spectacular as expected, and it is currently thought that man is more
than just a machine whose behavior can be modified with some ease.

Behaviorism had great success, mainly due to its simplistic explanation: Man is
nothing more than a machine of reflexes and habits, which is made up of
organs, nerves, viscera, muscles, etc. By understanding the parts of the
machine you can understand the behavior.

The simple observation of the external behavior of criminals (or suspected

criminals) who are held in a custodial institution has demonstrated the fragility of
the observers' conclusions (the classics already said that the worst criminals
are the best prisoners).

"Behavior modification" by behavioral means (token economy) has given results

with children and the mentally retarded and other abnormal people, but it is far
from being satisfactory in its application to antisocials.

The use of reward-punishment, praise-threat (which is also as old as the man

himself), has managed to keep the inmates calm, which in this way makes their
life in prison more bearable, but which in no way adapts them to life in freedom.
"There are considerable doubts about the right to use behavior modification

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 techniques." Furthermore, the right of prisoners to accept or not accept a
certain form of treatment is already recognized.

c. GESTALT THEORY
Of German origin, this movement was founded by Max Wertheimer (1880-1934),
and its key representatives are Wolfgang Kohler (1887-1967), Kurt Koffka
(1886-1941) and Kurt Lewin (1890-1946).
For the Gestalt theory or psychology of form, a psychic phenomenon is in itself a
vital unit, which cannot be decomposed by analysis without losing its essence.
All psychological phenomena, even the simplest sensation, "are a complex or
structure (Gestalt), therefore, each psychological phenomenon is something
new, different from the elements that have determined its production.

Crime is in itself a structure (Gestalt) that cannot be broken down or decomposed

to be prosecuted.
For Gestalt theory, global qualities have very special relevance and are
distinguished into three groups:
a) The structural ones (round, square, open, closed, immobile, mobile, fast,
slow, etc.).

b) The constitutive ones (hard, soft, lucid, opaque).

c) The expressive ones (solemn, friendly, threatening, happy, sad, etc.).

In the field of perception, to confer certain profiles, diverse individual receptivity

intervenes: while in certain subjects the structural ones are dominant, in others
the expressive ones prevail, seen even in inanimate objects.

Objects can take on a personal life and arouse feelings of anger, love or
punishment. Perception must be separated from action. Perception prepares
and regulates action, it is intended to make possible the adaptation of the living
being to its environment.

Changes in reactive facts may be due to changes in the situation, objective and
subjective.
The modification of behavior is considered in relation to the structure of the
perceptual situation between the Self and the world, and can give rise to
criminal activity.

The criminal does not react to specific stimuli, but to the total configuration or
organization of objects that surround them. These configurations or Gestalt are
true mental elements. For this reason, Gestalt Psychology studies the
organization of these unitary experiences, how the "laws" that govern their
changes are produced and what factors they depend on.
Gestalt psychologists have harshly criticized behaviorists, because they think that
human behavior, and therefore antisocial behavior, is something complex,
organized, extensive, and it is not possible to reduce it to a simple
concatenation of stimulus-response.

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d. ABNORMAL PSYCHOLOGY
For this school, any conflict with the laws that regularize social life presupposes
an abnormality, since we will find ourselves before normal minds placed in
abnormal situations, or abnormal minds placed in normal situations, or
abnormal minds placed in abnormal situations.

The problem is not to discover which people are normal and which are not, but
rather what kind and degree of abnormality are specific to each person.

II. FRUSTRATIONS, AGGRESSIVENESS AND CRIMINALITY.

AGGRESSION: It is the act of attacking someone to kill, injure or do any harm to

them. It is an act contrary to the right of another.

AGGRESSIVE: He is one who is prone to disrespect, defend himself or provoke

others. Which also implies provocation or attack (to people, animals or things). As
you can see, the concept of violence is much broader than that of aggressive.
Violence can be more generic, whereas aggression is more specific against
someone or something intentionally.

FRUSTRATION: It is defined as the blocking of some behavior aimed at achieving

a goal.

If aggression is an instinct and violence is its manifestation, we will see what is

meant by instinct:

According to modern Psychology (Freud): instincts are reduced to basic

pulsations, of a biological nature, to which all phenomena are ultimately due and
all causes are reduced.

For the traditional concept in psychology: Instincts are the behavioral patterns
characteristic of a species, of innate nature and do not require learning, becoming
evident early and developing in an appropriate manner to achieve a goal.

Needs are explained or expressed through behavior; it is from understanding the

latter that we can know needs. We must regulate permanent needs; Even when
unsatisfied, instincts as innate biological drives represent needs.

Culture and norms act as an inhibitory brake, channeling the force that determines
behaviors, the purpose is for them to be integrated within the social context, taking
into account the gregarious nature of human beings.

Norms are necessary to preserve culture and it must be built on a basis of

compulsion and renunciation of instinct. Every culture rests on the compulsion to
work as a factor external to the subject (it acts as a commandment that requires
compliance) and on the renunciation of drives as an internal factor.
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The pulsations face the norm established by the prohibition: they produce a state
of deprivation, so they cannot be satisfied and consequently would engender
frustration.

Thus, work is presented to us as something not wanted by man and imposed, and
the drives that strive to be satisfied are inhibited by prohibitions imposed through
regulations.
If we take the development of a person we observe how work in our society, more
than a means of life, is presented and established from the familiar as a socially
valued habit, in which through effort and adaptation to a series of guidelines
(schedules, modalities, remuneration, hierarchical dependency) fulfills a role within
the community to which it belongs.

The famous psychoanalyst foresees, within the line of human evolution, that little
by little the external compulsion becomes internalized. While the renunciation of
the instinctual; indispensable for human coexistence, it can only be obtained
through affective forces (affective bases of obedience to culture), ending the
antagonism between instinctual demands and the restrictions imposed by culture.

When the instincts do not have the necessary control because there is a failure in
the mechanisms or the culturalization processes (socialization - education) were
insufficient, a temporary involution occurs in which the individual acts without
intellectually mediating his actions in the likeness of a fact of life. nature rather
than the action of man as a cultural fact. Sometimes these overflows occur under
the effects of toxic substances (alcohol, drugs) or some pathology that intervenes
in the process circumstantially.

“The instinct of defense, encompassing the instinct of offense, is closely linked to

what modern man knows as power”: power as power and dominance over the
other is projected in manifestations of violence that sometimes transcends the
individual.

In addition to feeding and procreating, human beings need to defend themselves

to avoid feelings of loss. Within society he will find the protection he needs, and
when he does not have it because he feels outside of it, he will return to the
charge from an instinctive point of view, attacking it: attacking it to defend himself.
On many occasions, references are made to this phenomenon when saying that
the individual feels the external environment as hostile.

Instinctive tendencies are latent and have been transmitted from generation to
generation, and here is everything said about the laws of mutable biological
inheritance with permanent and inexorable evolution.

Despite this, man's innate tendencies are influenced by the society to which he
projects his attitudes. Beyond its formation of genotypic (genetics) or phenotypic
(environmental influences) origin, it receives the influence of the social in its
interrelationships.

Hence, aggression today is no longer just an impulsive tendency that cohabits with
man - in some to a greater extent than others - but an external influence that
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seduces many young people, becoming a "false lifestyle" (so called, because is
closer to a death option).

In theory, based on Skinner, it rehearses social considerations about aggression,

and defines violence as an inherent part of the social system and not as an
individual phenomenon; it originates in the system and not in the individual. In
relation to the acquisition of violent behavior models. “The biological response
imposes limits on the types of aggressive response that can be perfected and the
genetic endowment that influences the speed at which learning progresses. At the
same time, the biological determinants vary between species.”

For its part, frustration produces tendencies towards different types of responses,
one of which is the tendency towards some form of aggression. This significant
change reminds us that whenever we are faced with frustration we do not
necessarily have to have aggression as a consequence, since frustration can well
be channeled through other types of non-aggressive responses, among others
sublimation, just remember Gandy's attitude. in the face of the permanent
frustrations produced by the English in the repression of the Hindu people or that
of the leader Martin Luteer King in the United States. The frustration-aggression
model is found in the personal experience of all of us, where on countless
occasions small frustrations have exasperated us and led us to violent and
aggressive behavior.

On the other hand, the tendency to aggression is inhibited when it is directed at

people with authority or power (the case of the soldier against his superiors or the
secretary against the boss). Likewise, the violence and aggressiveness of the
powerful is easily vented against the weak.

On other occasions, when aggressive tension can be released instantly, the object
of the aggression itself can be moved to a third person. This is that an employee,
faced with a scolding or a call for attention from the boss, may well maintain the
tensional load within the hydraulic model and will unload his aggressiveness at
home against his wife and children, which the psychologist Gissi Bustos described
as the of the cyclist, according to which some people lean their back upwards but
kick downwards to pedal.

The frustration-aggression approach is very broad and under this scheme in which
there is a predisposition for aggressive behaviors, we can explain many of the
violent reactions.

On the other hand, other theorists maintain that frustration produces anger, which
generates a predisposition to behave aggressively. Whether real aggression
occurs or not depends on the presence of aggressiveness cues, stimuli that in the
past have been associated with real aggression or violence, which will trigger
aggressiveness again. Furthermore, frustration is assumed to produce aggression
only when frustration produces negative feelings.

What types of stimuli function as aggressiveness cues?

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Dollard, Doob, Miller and Mowrer: Define frustration aggression as interference
with one's own goal and the response to which is instigation. Several factors
determine the degree of aggression and the amount of instigation

They can range from the most explicit, such as the presence of branches, to the
most subtle, such as mentioning the name of a person who has behaved violently
in the past. Therefore, it seems that frustration does lead to aggression, at least
when aggressive cues are present:
to). Physiological sources of instigation:
• A correlation has been found between certain physiological conditions and
the occurrence of aggressive or violent behavior. However, these findings
are inconclusive.
• Attention has been paid to XYY syndrome as a possible genetic basis for
violent behavior.
• Twin and adapted studies indicate a possible basis for inheritance for
crime in general, but this evidence is insufficient.
• High aggression has occurred in some animals, but not in all species.
• It should not be forgotten that the increase in the incidence of family
violence is subject to genetic and environmental factors.
• Attack and fight centers have been identified in the brain.
• The evidence regarding the association between violence and cerebral
dysrhythmias is ambiguous.
• It is not direct evidence between hormonal balance and behavior
aggressive
• There are drugs that decrease inhibitions, but others increase the
instigation such as pheniclidine.

b). Psychological Sources of Instigation:

There are two kinds, external or extrinsic and internal or intrinsic.

• Extrinsic or instrumental instigation :

The main driver of motivation is an end or purpose such as money or the
achievement of dominance. Aggression is the means to achieve an
instrumental goal.
Classification of extrinsic motivations.

1. Personal gains or satisfactions:

 Acquisition,
 Money,
 drugs,
 Territoriality,
 Sex.

2. Concept Car Elevation:

 Virility,
 Excitement,
 Demonstration of bravery.

3. Removal of problems, impediments or annoyances:

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  Facilitate other crimes,
 Eliminate people who block goals,
 Eliminate threats, ✓ Increase insecurity,
 Elimination itself.

4. Personal achievement of social goals:

 Approval or acceptance of the group,
 Maintenance of an established structure,
 Maintenance of group solidarity, ✓ Power, control, dominance over
others.

5. Achievement of political or religious goals:

 Maintenance of an established structure,
 About threat of an established structure.

• Intrinsic Instigation:
It can be medium or intense, short or long duration: Classification
of Intrinsic Motivations:
1. Anger : Medium and short
instigation.
2. Anger : Intense and short
instigation.
3. Hostility : Medium and long
instigation.
4. Hate : Intense and long
instigation.

III. MENTAL ALTERATIONS OR DISORDERS (PSYCHOSOMATIC).

Mental illness is an alteration of the cognitive and affective processes of
development, considered abnormal with respect to the social reference group from
which the individual comes.
Reasoning is altered, behavior, the ability to recognize reality or adapt to the
conditions of life.
Although there have been many studies that have analyzed the relationship between
psychopathology and crime, definitive conclusions have not yet been reached on this
topic.
Some studies have found a relationship between mental disorder and violent crime
and others have not. The studies that have found a relationship between
psychopathology and crime agree that violence rates differ between the different
diagnostic categories, suggesting that it is essential to analyze each of them
separately in relation to the specific risk of violent behavior.
Below are those mental disorders that have been most repeatedly related to
antisocial and criminal behavior. The criminal profile generally associated with each
of these diagnostic categories will be analyzed.

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TO. MENTAL RETARDATION

The possibility of an individual with mental retardation committing criminal acts

depends on the depth of his or her intellectual deficit and its clinical modality.
The depth of the intellectual deficit refers to the fact that the greater the degree
of mental retardation, the lower the criminal capacity and, therefore, the lower
the danger. For its part, the clinical modality means that the restless, irritable or
active form causes more criminal problems than the apathetic, calm or passive
form (Rodes and Martí, 1997).

At profound levels of mental retardation, the same psychophysical disability that

patients have deprives them of the possibility of committing a crime. However,
in some cases there are crimes against property (in the form of gross theft),
against sexual freedom (almost always simple attempts) and even sometimes
crimes against security (such as arson, of which those committed by fun). It is
more common for these patients to be victims of crimes such as abandonment
and abuse, rather than their perpetrators.

In moderate and mild forms, crime increases in frequency and variety. From a
psychological-forensic point of view, the most difficult cases to assess are
subjects who have a borderline intellectual capacity since symptoms associated
with their intellectual deficiency include others such as great suggestibility,
impulsivity, low tolerance for frustration, aggressiveness and poor self-control.
They frequently come into conflict with the law for crimes against people
(injuries and homicides), against sexual freedom (sexual assaults and abuses)
and against security (Cabrera and Fuertes, 1997).

On many occasions, acts of social transgression obey one of the following

profiles (Pedreira, 1994):
• Attempt to be accepted in a group.
In this situation, the group leaders will use the mentally retarded individual
to commit the acts given the ease of being convinced. In many cases it is
the consequence of family factors, emotional deprivation, etc.

• Impulsivity and difficulty controlling impulses

That together with a low tolerance for frustration and the influence of the
environment. It is exceptional that he commits criminal acts individually; he
almost always commits them in groups and with objective induction data.

b. SUBSTANCE-RELATED DISORDERS

The crime rate, which exists in a high way around drug addiction, depends on
several factors that we will explain below (Cabrera and Fuertes, 1997):

Obtaining the drug that, given its high value in the clandestine market, forces
the subject to steal, prostitute, defraud, etc., to obtain the substance to which
they are addicted.

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 Of the direct effects of the drug on the subject, that is, the possible appearance
of substance-induced psychotic disorders, anxiety reactions, delirium,
aggressive and confusional states. During these situations, the drug addict can
frequently commit crimes such as injuries, sexual attacks, and even homicides.

From the previous personality of the drug addict. In this sense, there is great
controversy about whether the drug addict presents previous personality
alterations, or in other words, if there is a "personality profile of the drug addict."
Although there is no conclusive data, it seems that there are relatively stable
and homogeneous personality traits in drug addicts. What is not clear is
whether these traits are what precipitate the consumption of toxic substances or
if, on the contrary, it is the consumption of substances that alters and modifies
the personality of drug addicts.

It must be kept in mind that many personality disorders try to compensate for
their insufficiencies with the consumption of toxic substances. On other
occasions, latent psychopathological states (e.g. schizophrenia) emerge when
precipitated by the consumption of toxic substances, and finally, personalities
with specific traits of instability, impulsivity and low tolerance for frustration
decompensate with the ingestion of certain drugs, carrying out behaviors violent
events that are followed by complete amnesic states (Cabrera and Fuertes,
1997).

c. SCHIZOPHRENIA

Those who commit some type of punishable antisocial behavior are a minority
(Howells, 1982). These people are probably arrested more for their crimes than
other criminals. This may cause an apparent impression of great criminality
associated with this diagnosis.

When talking about antisocial and violent behavior in schizophrenics, a

distinction should be made between the antisocial behavior that these patients
present outside of the active phases of the disorder and that which they may
present during them. The active phase favors the appearance of verbal or
physical aggression in some patients, not all, and this aggression may be
related to the nature of the subject's psychopathological syndrome (Llorente,
1987).

Of the crimes committed by schizophrenics, the most frequent are crimes of

injuries and threats. Following in order of frequency are those committed
against property and the socioeconomic order (robberies and robberies) and
much further away are crimes against public order (Cabrera and Fuertes, 1997).

The criminal behavior of the schizophrenic is characterized by its lack of

biographical historicity, that is, there is no logical justification for it. The lack of
motivation for the schizophrenic's crimes is notorious and, in general, there are
no conflicting interests with the victim or other motives, it simply happened.
This lack of motivation and incomprehensibility are perhaps the aspect that
most distresses society and contributes to maintaining a fear of schizophrenia.

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 Furthermore, it is very typical for criminal behavior to be cold, cruel, brutal, rude,
disproportionate, and unrepentant behavior. They are almost never carried out
with accomplices and are born suddenly, the result of delirious inspiration
(Cabrera and Fuertes, 1997).

We can say that in general these patients do not significantly contravene the
Penal Code, with the exception of acute patients, untreated and without any
control measures, in which the danger is obviously high not only due to the
disease itself but also due to the attitude. that society often takes before them.

d. DELUSIONAL DISORDER OR PARANOIA

There are abundant features to understand violent behavior in these subjects.

They see harmful intentions towards them in others, suspect betrayals, hidden
meanings, perceive attacks, etc., and all of this predisposes them to react with
anger. Thus, the most frequent are crimes against people. Crimes against
spouses based on jealousy are also included within this framework.
Crimes against people can be premeditated and delayed when responding to a
feeling of revenge or, on the contrary, quickly to an insult or subjective
experience of threat.
The most dangerous are fanatics of a religious, political, racial nature, etc.,
since violence goes from being individual to group or even affecting large
sectors of the population.
BONNET (1983) says that the highest percentage of “white collar criminals” are
recruited among paranoids. Some “magnicides” or “regicides” also belong to
this group, as do youth or gang leaders.

AND. DISORDERS IN IMPULSE CONTROL.

They are defined as the inability to resist or manage an impulse that is

dangerous to others or to oneself, usually aggravated by the consumption of
alcohol or other psychoactive substances; They are all entities closely linked to
illegal conduct, although, with some exceptions, their importance is irrelevant.
In the worst case, and above all, in the so-called intermittent explosive disorder,
we are going to encounter crimes of injury and even homicide (Cabrera and
Fuertes, 1997).

They are crimes that originate from the confluence of two factors. On the one
hand, due to the intense anxiety-impulsivity-aggressiveness that exists and, on
the other, due to the precarious rational control, which gives rise to the
existence of acts in which the necessary volitional regulation does not exist
(Cabrera and Fuertes, 1997).

We also find other types of criminal behavior that are part of the very essence of
the disorders:
- Intermittent explosive disorder.
- Kleptomania
- Pathological gambling
- Pyromania
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 - Trichotillomania

Kleptomania is theft that is characterized by being unmotivated, lacking in

value, not premeditated and clearly linked to psychological pathology. Finally,
we can observe the existence of other types of criminal activities such as setting
fires in arsonists and theft, fraud, forgery and, in general, crimes against
property in pathological gamblers (Cabrera and Fuertes, 1997). ).

F. PERSONALITY DISORDERS. ANTISOCIAL PERSONALITY DISORDER

The danger of antisocial personalities is obviously very high since it is their

antisocial behavior that characterizes the clinical picture. However, we cannot
identify psychopathy with crime, since although it is true that criminal
psychopaths exist, not all criminals are psychopaths (Cabrera and Fuertes,
1997).

Antisocial personalities are frequently involved in a multitude of criminal

attitudes as perpetrators, accessories or accomplices. Their contempt for the
rules of coexistence, their coldness of spirit and their inability to learn from
experience make them eminently dangerous (Cabrera and Fuertes, 1997).
Their most frequent crimes are crimes against people, in the form of injuries,
homicides, fights, crimes of rape, indecent abuse, home invasion, crimes
against property in the form of theft and damage, crimes against security such
as fires and crimes of attack and resistance to authority and contempt.

G. DISSOCIAL PERSONALITY DISORDERS

Conduct disorder is part of what the (DSM IV-TR), DIAGNOSTIC AND

STATISTICAL MANUAL OF MENTAL DISORDERS, specifies as one of the
disorders that appear in childhood and adolescence, being in the subgroup of
behavioral disorders. disruptive disorder along with attention deficit hyperactivity
disorder and oppositional defiant disorder.

Its main feature is "a persistent and repetitive pattern of behavior in which
human rights are violated." of the other or important social norms appropriate to
the age of the subject" (criterion A DSM IV-TR year 2000) these are of course
qualitatively and quantitatively more pronounced deviations than simple
"childhood evil" or "adolescent rebellion". It generally involves the conscious
participation by the child or adolescent in acts that involve a conflict with social
regulations or with the codes of coexistence implicit in relationships in society .

The types of behaviors presented in the Manual Diagnostic and Statistical

Mental Disorders (DSM IV-TR) can be operationalized into four categories or
groupings:
1. Aggressive behaviors:
• start of fights
• carry arms
• cruel acts against people
• against animals

85
 • robbery with violence
• violations
• rarely homicide

2. Non-aggressive behaviors with property damage private. (There is no harm

to people): • cause fires
• break glass
• damage cars
• vandalism at school
• damage to public and private property in general
3. Fraud or theft.
• lies
• scams
• fakes
• break commitments and promises to profit
• theft
• shoplifting.
4. Violations of the rules
• school rules
• escapades (class escapes)
• family norms
• leaks
• work absenteeism (in older)
• sexualization of behavior
• Alcohol intake and drugs

The presence of a conduct disorder implies damage to the normal activity of the
subject, this is related to what the DSM specifies as a clinically significant
deterioration in the activities (school, social, work) of the subject, a situation that
becomes the main reproduction factor of the disturbed behaviors of the
subjects.

The world becomes progressively hostile and the child who suffers from a
conduct disorder picks up these signals and incorporates them. Being "bad" is
socially constructed and generally responds to a way in which the subject seeks
to defend himself from that outside that does not consider him or her. Mainly in
children, the social implications of their behavior constitute the shift from
considering the social space as a nutritional source for their development, to
representing all values. that deny him as a human being, the non-acceptance of
his label of subhumanity induces him to progressively identify with values
"countercultural" in open opposition to school-institutional and family ones.

Conduct Disorder has a double onset; On the one hand, there is that form of
disorder that has its onset in childhood, infantile onset subtype, specifically in
middle childhood (5-6 years), it is required that at least one characteristic of the
disorder be present before the age of 10. years. The formula that allows us
to understand the unfavorable course of this subtype of
conduct disorder is: AGGRESSION + SOCIAL REJECTION equal to
INSTABILITY DISRUPTIVE BEHAVIOR

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 A second form has its onset in the so-called first adolescence, a subtype with
onset in adolescence (11, 12 or 13 years) does not have such a specific
differentiation between men. and women as in the childhood-onset subtype.
There are also fewer aggressive behaviors and, in turn, the behaviors and the
disorder itself are less persistent, that is, they largely tend toward remission in
adulthood.

Symptoms associated with conduct disorder:

 A lack of empathy,
 Distortions regarding the intentions they project on others based on their
actions,
 lack of guilt,
 instrumental guilt,
 They accuse their own colleagues of their actions,
 Conflict with self-esteem,
 Low tolerance for frustration
 Impulsiveness,
 Suicidal ideation.
Derived consequences of a conduct disorder :
 school dropout,
 Prostitution,
 teenage pregnancy,
 Substance abuse disorders, ✓ Serious conflicts with the law,
 Process of social maladjustment.

Risk factor's o Predisposition for Conduct Disorder :

 broken families,
 ✓ Parental incompetence,
 Lack of surveillance.
Treatments for conduct disorder:

 Parent training,
 community therapy,
 Family therapy,
 Training in social skills and
 Problem resolution.


III UNIT
FIFTH WEEK
2nd SESSION
19/APR/2023

PSYCHOSIS

Psychosis : classes. Schizophrenia, paranoia, bipolar disorder (formerly manic-

depressive psychosis), senile dementia. The psychoneurosis. Drug addiction and
alcoholism.
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PSYCHOSIS

INTRODUCTION

Many of the causes and explanatory theories of violent crime are compatible with the
explanation of the etiology and maintenance of repeated homicidal behavior. The
motives that push a person to commit atrocious crimes are studied from motivational
psychology, from which its basic principles are subsequently transferred to the area of
criminal investigation, especially in order to outline what is modernly called criminal
profiling. criminal"), a tool that is used by police officers, criminologists, psychologists
and psychiatrists to try to narrow the search field for a specific criminal. Without the
study of personality, the study of a crime scene remains incomplete, since the
interaction of the criminal, the victims and the environment form a whole that cannot
be analyzed separately.
Some of the mental disorders related to crime:

PSYCHOSIS
Psychosis is a generic term used in psychology to refer to a mental state described as
a loss of contact with reality .
People who suffer from it are called psychotic. Today, the term "psychotic" is often
incorrectly used as a synonym for psychopathic . The psychotic person has suffered a
lot of pain in his life and acts with unconscious objectives of harming himself and
those around him, ultimately being left alone and tormented. The origin is usually pain
suffered in childhood and life in general.
The DSM (Diagnostic and Statistical Manual of Mental Disorders, of the American
Psychiatric Association) recognizes several types of psychoses:

• Schizophrenia
• paranoid type of schizophrenia.
• Disorganized type of schizophrenia.
• catatonic type of schizophrenia.
• Undifferentiated type of schizophrenia.
• Residual type of schizophrenia.
• Schizophreniform disorder
• Schizoaffective disorder
• delusional disorder
• Brief psychotic disorder
• Shared psychotic disorder .
• Psychotic disorder due to associated medical illness.
• Substance-induced psychotic disorder.
• Psychotic disorder not otherwise specified.
Some types of psychopaths can fall into the following classification:

1.- The heartless psychopath: lacking moral consciousness, he does not feel remorse
or regret, he is usually cold, grumpy and despotic; As a criminal he is of the
most dangerous and brutal type, he is determined in the moment to please his
desires so he seems to lack love and compassion. He does not come from a
crisis, but his plans are perfectly arranged and he does not hesitate to use the
most brutal means.

88
2.- The psychopath in need of esteem: he is characterized by always wanting to
appear more than he is or what he is worth. Generally he resorts to lies and
believes them himself. It is theatrical, false and lacking authentic affectivity.

3.- The impulsive psychopath: He is characterized by the contrast between his

sudden explosions and his remaining behavior, which is rather calm and slow.
In one of his crises he behaves in a totally brutal way in which he commits the
most violent crimes and lacks the ability to defend himself, to flee or to hide the
crime. Within this group, multi-homicides can be found.

Symptoms:

The following are symptoms that suggest the presence of a psychotic-type disorder:
• Sudden and profound changes in behavior.
• Turn in on yourself, without talking to anyone.
• Believing without reason that people are watching him, talking about him or
plotting something against him.
• Talking alone ( soliloquy ) believing you have an interlocutor, hearing voices,
having visions (visual, auditory hallucinations) without any stimuli.
• Have periods of mental confusion or memory loss.
• Experiencing feelings of guilt, failure, depression.

General characteristics of the psychopath:

- Psychopaths cannot empathize nor feel remorse, that is why they interact with
other people as if they were any other object, they use them to achieve their
objectives, the satisfaction of their own interests.
- They do not necessarily have to cause any harm, but if they do something to
benefit someone or some apparently altruistic cause it is only out of selfishness,
for their sole and exclusive benefit.
- The lack of remorse lies in the objectification that the psychopath makes of the
other, that is, taking away the attributes of a person from the other to value him
or her as a thing is one of the pillars of the psychopathic structure.
- Psychopaths tend to create their own codes of behavior, which is why they only
feel guilty when breaking their own regulations and not common codes.
However, these people do have notions about most social uses, so their
behavior is adaptive and goes unnoticed by most people.
- Certain authors of the psychoanalytic current assume that the reason why a
psychopathic person is a perverse person is because they are subjects whose
personality depends largely on maintaining the reality principle , but lacking a
superego. This means that the psychopathic person can commit criminal
actions or other questionable acts with total lack of scruples, without feeling
guilt.
- A psychopathic personality is not restricted to the serial killer, as suggested by
the most widespread stereotype in our society about the psychopath. A
psychopath can be a nice person with sensible expressions who, however, does
not hesitate to commit a crime when it suits him and, as has been explained, he
does so without feeling remorse for it. Most psychopaths do not commit crimes,

89
 but they do not hesitate to lie, manipulate, deceive and cause harm to achieve
their goals, without feeling any remorse.
- For criminal purposes, the dilemma has long been raised as to whether a
divergent personality of this type is imputable, especially when it involves a
psychotic structure. Because the concept of mental illness fell into disuse
(whether sadistic people, rapists, scammers, or any other reprehensible activity
carried out by the psychopath), it tends to be held that punishment is due, given
that the person remains aware of their actions and can avoid committing them.
The collective right of society to protect itself from its actions also influences.
- It is also considered imputable for all purposes, without psychopathy serving as
an mitigating factor for the crime before the court. This means they have full
responsibility and guilt.

For Dr. Robert Hare, a researcher in criminal psychology, the criteria that define the
psychopathic personality can be evaluated using a list of 20 characteristics called the
Psychopathy Checklist (PCL). These descriptions were based on Cleckley's work to
define psychopathy through a series of interpersonal, affective, and behavioral
symptoms. The symptoms that psychopaths exhibit are, according to Hare:

• Great verbal skills and superficial charm.

• Exaggerated self-esteem.
• Constant need to obtain stimuli and tendency to boredom.
• Tendency to lie pathologically.
• Malicious and manipulative behavior.
• Lack of guilt or any kind of remorse.
• Frivolous affectivity, with a superficial emotional response.
• Lack of empathy, cruelty and insensitivity.
• Parasitic lifestyle.
• Lack of control over behavior.
• Promiscuous sexual life.
• History of behavioral problems since childhood.
• Lack of realistic long-term goals.
• Impulsive attitude.
• Irresponsible behavior.
• Pathological inability to accept responsibility for one's own actions.
• History of many short-term marriages.
• Trend towards juvenile delinquency.
• Revocation of probation.
• Versatility for criminal action.

Robert Hare It is estimated that 1% of the population is psychopath. Other estimates

would even reach 6%.

A. SCHIZOPHRENIA

It is a psychiatric diagnosis in people with a group of mental disorders chronic

and severe, characterized by alterations in perception or the expression of
reality. Schizophrenia also causes a sustained mutation of several aspects of the
individual's psychic functioning, mainly consciousness . of reality, and a more or
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 less complex neuropsychological disorganization, especially of executive
functions , which leads to difficulty maintaining motivated and goal-directed
behaviors, and significant social dysfunction.

Types of schizophrenia:

• Paranoid schizophrenia:
It is characterized by the predominance of delusional ideas and hallucinations,
especially auditory ones. Delusions and hallucinations sometimes constitute a
unit. It is the most common, it usually begins between the ages of 20 and 30
and is the one that evolves best despite the appearance of the condition.

• Catatonic schizophrenia:
Movement disorder or motor movements predominates. Experts speak of
"catatonic stupor." Despite having awake consciousness, the patient does not
react to attempts to come into contact with him. His face remains still and
expressionless, no internal movement is perceived and even strong pain stimuli
may not provoke any reaction. Disorganized schizophrenia or hebephrenia: an
absurd, inappropriate affect predominates (they usually laugh when they are
given bad news, their behaviors are usually childish, their mood is absurd, there
is disinhibition in their feelings. Due to the absence of symptoms, it is difficult to
recognize (the signs are usually personal neglect, solitary behaviors).

• Undifferentiated schizophrenia:
It is a type of schizophrenia in which a specific symptom does not predominate
for the diagnosis, it is like a mixture of the other previous ones.

• Residual schizophrenia:
In these cases there must have been at least one episode of schizophrenia
previously, but at the present time there are no significant psychotic symptoms.
It is the phase in which negative symptoms are most evident. It does not
manifest itself in all patients.

• Schizoaffective disorder:
It is a mental condition that causes loss of contact with reality such as mood
problems.

• Delusional disorder:
It's a mental illness psychotic which includes maintaining one or more
delusional ideas in the absence of any other psychopathology significant.

• Brief psychotic disorder:

A disorder that involves the sudden onset of at least one of the following
positive symptoms: delusions, hallucinations, disorganized speech, or catatonic
or severely disorganized behavior.

• Shared psychotic disorder:

It is a rare psychiatric syndrome in which a symptom of psychosis (particularly
a paranoid belief or delusional) is transmitted from one individual to another.

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 • Psychotic disorder due to associated medical illness:
Hallucinations and delusions due to the direct effects of a medical illness are
the essential characteristic of this disorder. There are many medical illnesses
that can cause some type of psychotic disorder. Among them we highlight
neurological diseases, endocrine diseases, metabolic diseases, alterations in
hydroelectrolyte balance, liver or kidney diseases and autoimmune disorders
with involvement of the central nervous system.

• Substance-induced psychotic disorder: The main characteristic of this disorder

is the presence of hallucinations or delusional ideas that are considered direct
effects of some substance, whether it is a drug, medication or poison.

B. THE PARANOIA

Paranoia is a psychiatric term which describes a mental health state

characterized by the presence of self-referential delusions. The most appropriate
modern diagnosis for paranoia is delusional disorder .

The triggering factors of this disease are very active in individuals who present
marked narcissism. and that they have been exposed to serious frustrations,
consequently finding themselves endowed with low self-esteem. This triggers the
natural mechanism of Projection, highly studied by psychology, to trigger in them,
by virtue of which we tend to attribute to others those impulses, fantasies,
frustrations and tensions that we find inexplicable, unacceptable and unbearable
in ourselves. "Paranoid thinking is rigid and incorrigible: it does not take into
account contrary reasons, it only collects data or signs that confirm the prejudice,
to turn it into conviction." (González Duro)

Many times a paranoid emphasizes avoiding an action, even though he desires

it, with the pretext of not causing a commotion: "I saw a rose and I wanted to
smell it, but I was afraid of leaving it without its scent." Metaphorically, he thinks
that something he likes will actually cause him harm.

BIPOLAR DISORDER

Bipolar affective disorder (BAD), also known as bipolar disorder and formerly as
manic-depressive psychosis, is the psychiatric diagnosis describing a mood disorder
characterized by the presence of one or more episodes with abnormally high levels
of energy, cognition and the state of mind .

Clinically it is reflected in states of mania or, in milder cases, hypomania along with
concomitant or alternating episodes of depression, such that the affected person
usually oscillates between joy and sadness in a much more marked way than people
who do not suffer from this pathology .

SENIL DEMENTIA

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We define senile dementia according to DSM-III-R criteria as an organic mental
syndrome that is characterized by a deterioration of short- and long-term memory,
associated with disorders of abstract thought, judgment, higher cortical functions and
personality modifications. .
All of these alterations are serious enough to significantly interfere with relationship,
work or social activities.
Although the concept is similar in the DSM-IV, no distinction is made between
organic mental disorders and syndromes, introducing all types of dementia into the
concept of dementia as a cognitive disorder.
They appear as traits associated with dementia: anxiety, obsessive symptoms, social
isolation, paranoid ideation or jealousy and increased vulnerability to stress.

The age of onset of senile dementia is after 65 years, although there is another
presenile onset dementia.

Behavioral Reactions:
 catastrophic reactions,
 paintings of fury,
 manic-depressive episodes,
 violence,
 apathy,
 wandering,
 sleep disorders,
 obscene language,
 hallucinations,
 delusional ideation,
 robberies,
 paranoia,
 judgment disorders,
 paradoxical behaviors,
 sexual disorders,
 social maladjustment,
 personality disorders.

PSYCHONEUROSIS

Disorders whose symptoms bring suffering to the individual and which are recognized
by him or her as unacceptable. Social relationships may be greatly affected, but
generally remain within acceptable limits. The disorder is relatively long-lasting and
recurrent if untreated.

The term neurosis was proposed by the Scottish doctor William Cullen. in 1769 in
reference to sensory and motor disorders caused by diseases of the nervous system.
In clinical psychology, the term is used to refer to mental disorders that distort
rational thinking and proper social, family, and work functioning of people.

There is widespread confusion about the term neurosis. On the one hand, it is
applied, as a symptom, to a heterogeneous set of mental disorders that participate in
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maladaptive mechanisms linked to anxiety. On the other hand, its popular use (as a
synonym for obsession, eccentricity or nervousness) has caused its extension to
areas not strictly linked to mental illness .

The term neurosis was abandoned by scientific psychology and psychiatry .

Specifically, the WHO ( ICD - 10 ) and the APA ( DSM - IV - TR) have changed the
international nomenclature to refer to these clinical conditions as disorders, which
include:
1. Depressive disorders ( dysthymia, cyclothymia, mild, moderate or severe
depressive episodes [with or without somatic symptoms).
2. Anxiety disorders ( phobias , obsessive - compulsive disorder , agoraphobia ,
panic attack , post-traumatic stress disorder, generalized anxiety disorder).
3. Somatoform disorders (dysmorphophobia, conversion disorder, hypochondria,
somatoform pain, somatization disorder).
4. Dissociative disorders ( Dissociative identity disorder, fugue and amnesia
psychogenic, depersonalization disorder, trance and possession).
5. Sexual disorders:
a.- Paraphilias ( exhibitionism , fetishism , froteurism , pedophilia , masochism,
sadism , transvestism , voyeurism )
b.- Sexual dysfunctions (inhibited desire, aversion to sex, anorgasmia ,
impotence, premature ejaculation, dyspareunia, vaginismus).
6. Sleep disorders ( insomnia, hypersomnia, parasomnias, night terrors,
sleepwalking, dyssomnia).
7. Factitious disorders.
8. Impulse control disorders ( kleptomania, intermittent explosive disorder, gambling
addiction, pyromania, trichotillomania).
9. Adaptive disorders.
10. Psychological factors that affect physical state.
11. Personality disorders.
12. V codes (simulation, interpersonal problems, pathological grief, functional
problems, sick role, etc.)

ANALYSIS OF PSYCHOSIS AND CRIMINALITY

While it is true that the task of conceiving a crime solely from the psychopathology of
its perpetrator and his diagnosis is somewhat reductionist, so situational factors must
be taken into consideration as well as those linked to the victim, it is also true and It
is very common that what is referred to in the psychopsychiatric diagnosis must be
well done and founded as a first step. If not, what use would be the exhaustive study
of the family socio-economic conditions, of the general conditions that the subject
presented before, during and after the event, of the entire surrounding and
mesological universe that surrounded the author as predisposing elements to
violence, if an erroneous personality diagnosis is later made.

The psychiatrist, the forensic psychologist and the clinical criminologist will be in
charge of predicting the dangerous state when they reveal subjective characteristics
such as:
- A particular aptitude towards the transition to a criminal act, which emerges from
a criminal personality structure, presents psychological traits that can be grouped
into a central core and variables.
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- The central core encompasses egocentrism, lability, aggressiveness, and
emotional indifference. The variables are related to activity, physical, intellectual,
technical abilities, nutritional and sexual needs.
- The central nucleus governs the passage to the act and gives the formula of
fearfulness. The features, regrouped in the central nucleus, intervene in a precise
way in the process of the serious act; in a more complex way in the process of
criminal maturation, and in a condensed way in the process of the sudden or
thoughtless act.
- The variables of the criminal personality command the modalities of execution of
the act, but are neutral in relation to the transition to the act itself. These are
simply capable of clarifying the general direction, degree of achievement and
motivation of criminal conduct.
- The criminal personality is a dynamic structure, it is the meeting and association
of its constitutive traits. It is their action and their interaction that give a particular
character to the personality considered as a whole; she is a resultant, and not a
given.
- These factors are combined with biological factors, plus social factors (or
mesological, that is, the relationship between the individual and his environment),
thus being this intersection or meeting of factors that will come into play to trigger
the criminal act, or the dangerous state towards dangerousness.

PSYCHOSIS AND CRIME.

There are very diverse endogenous and exogenous causes that lead a person to
commit a crime, which, when committed by different people, does not require the
same social defense measures, since it is, for example, an emotional criminal and a
professional criminal. .

According to Mezger, a mentally ill criminal, in the strict sense of the word, does not
exist at all.

In cases in which the psychiatrist demonstrates the existence of a genuine psychosis,

the legal-criminal responsibility of the author disappears and with it the crime.

The sick criminal must be cured, prisons and penitentiaries must be changed for
sanatoriums, for true rehabilitation centers where they receive adequate treatment,
for schools, for workshops where they can learn something productive, for
psychological centers.

In conclusion, as has been said previously, our Penal Code contemplates non-
imputability in the case of committing a crime in a state of mental illness and the way
to proceed with these people.

TOXICOLOGY AND CRIMINALITY.

When we talk about drug addiction we are referring to the dependent personality that
is clearly projected through alcoholism or drug addiction. The dependent personality
plays a very important role in the application of criminology, especially due to the
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emotional instability it manifests, the disinhibition in its relationships with others and
the progressive physical and social deterioration. The OMS. Defines drug
addiction as:
- Invincible desire or need to continue using a drug and obtain it by all means.
- Tendency to increase the dose.
- Psychological and sometimes physical dependence on the effects of the drug.

PSYCHOLOGY OF DRUG ADDICTION.

The sphere of interpersonal relationships is affected in family and work relationships;
rebellious behavior is characteristic of nonconformity with social norms and patterns.
These subjects want to change values, disobey the rules, which leads them to
engage in criminal acts. The drug addict's dependence reaffirms his addiction to toxic
substances as he seeks his identity in them.
The family structure is presented as authoritarian with rigid and demanding parents,
the maternal figure is unstable, labile, ambivalent and this transmits insecurity to the
drug addict.
Distorted values lead him to not be able to distinguish between favorable and
negative aspects of his behavior, which easily leads him to commit criminal acts,
such as stealing or prostitution to obtain narcotics.
In interpersonal relationships, their attitude is to communicate only with those who
share their ideas, this strengthens the phenomenon of gang activity.

WORKSHOP

Team work:
Each group will be in charge of presenting a problem case identified with some of the
psychological disorders studied in this Unit.

Modality: Presentation of work and group exhibition.

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 III UNIT
SIXTH WEEK
1st SESSION
24/APR/2023

SOCIOLOGICAL APPROACH TO CRIMINALITY

Sociological explanation of crime: the surrounding world and crime, the physical
world and ecology. The social environment and socialization processes. Urban crime
and rural crime.

INTRODUCTION
Crime is a violation of social norms. Since World War II, sociological theories gain
importance. It will focus on all those aspects that will have an impact on the criminal
act, it will be maintained by some sociologists (Durkheim) that crime and delinquency
are part of every healthy society.

SOCIAL ETIOLOGY OF CRIME

The Social Learning Theory considers that the acquisition of criminal patterns and
models occurs through evolutionary learning that results in the observation and
imitation of criminal behavior, among others. Therefore almost all behavior is
learned.

The laws that govern this learning can be known and measured.

Both normal and abnormal behavior are acquired through the same normal learning
mechanisms. Crime represents a set of acts learned by the individual.
It is said that the subject is not born violent, but rather learns it through daily
experiences, through interaction with others.

An element that supports this theory is the agreement, on the part of psychologists,
that it is not advisable for children to watch violent programs on television, since they
contemplate how other individuals manage to achieve objectives through violence,
and are even rewarded. If a child associates violence with reward, it is easy for him
to learn to act violently.

Biological and psychological factors can predispose the individual, but the definitive
factor of criminal tendencies is due to the socio-environmental environment.

In antisocial behavior, learning based on models will be very important; learning is

not only based on rewards and punishments but also from what is observed in other
members of the community, and thus punishable responses can be learned by
"seeing what they see." passes to others”, you learn, you acquire your own
experience through the successes and mistakes that we observe.

Punishment produces an inhibition of possible behaviors when we see the negative

consequences it produces for others.

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Sociological theories give absolute or predominant importance to external or social
factors and give little value to the individual (men, being born equal, will be good or
bad according to the environment in which they live and develop).

For this reason, criminology has long talked about endogenous and exogenous
factors (internal and external) of crime; The former have been defined as those that
by their nature are intrinsic to the subject, as a biological and psychic being (heredity,
for example); and the latter, as those that, being foreign to the constitutive nature of
the human being, influence it in a variable way depending on the conditions of the
environment and the perception capacity of the subject. The latter are divided into
physical (environment not constituted by human beings, altitude, latitude, climate,
media, neighborhood, habitation, etc.), family (family history, its composition, its
moral and economic conditions). and cultural) and social (friendships, work,
entertainment centers, social and political organization, the culture of the
environment, the economy, religious influence, etc.).

In reality, between these factors (endogenous and exogenous) there are inseparable
relationships and they are only separated for study purposes, since both one and the
other influence the production of crime, concurring in a constellation.

It was pointed out that the social factors of crime are elements foreign to the
constitutive nature of the human being, but that they influence it in a variable way
depending on the conditions of the environment and the perception capacity of the
subject; We now add that Criminal Sociology has highlighted the importance of
political, cultural, educational, economic and ecological factors, among others.

Criminal sociology is the science that studies crime as a social phenomenon, that is,
crime in all its complexity and punishment as a social reaction, in its origins, evolution
and significance and in its relationships with other social phenomena related to a and
another.
Its main representative was Enrico Ferri who discussed this trend in his book “The
new horizons of criminal law and criminal procedure”; Ferri was followed by A.
Lacassagne (1834-1924), who in 1885 noted that “societies have the criminals they
deserve”

THE ECOLOGICAL FACTOR

Ecology is the study of the relationships between organisms and their habitats. It has
three branches: botanical, animal and human. The latter is also called Social
Ecology, as it is considered a branch of Sociology that deals with the study of areas
of human habitation and the spatial distribution of social and cultural features or
complexes.

In Latin America, points out Héctor Solís Quiroga (1977), there is experience that the
areas surrounding the markets have greater crime than others, as well as in the
suburbs of cities. He also points out that it seems to be related to the greater or
lesser crime of a place, the time that families live there, the fact that the homes are
rented or acquired in condominiums, the homogeneity of the population, the

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population density, the size of the city, the knowledge and treatment that some have
with others.

The results of these (ecological) investigations have been important for criminal
policy, as they have allowed the preparation of maps and plans indicating the
criminogenic areas of a certain country, region or city, thus facilitating its task,
especially in the aspect police repression.

The non-delinquency of many young people in these “delinquency areas” remains

unexplained, however, as does the delinquency that occurs outside of them;
Likewise, it remains to be seen whether such areas really generate crime or whether,
rather, they tie up people who are already criminals.

Now, in relation to crime, we will find that at the beginning of the last century Adolfo
Quételet published his famous work “Social Physics” in which he made known his no
less famous “Thermal Laws of Crime”, based on the influence of the geographical
environment on the individual, which he formulated in the following way:

1.- In winter, a greater number of crimes against property are committed than in
summer.

2.- Crimes against people are committed in greater numbers in summer.

3.- Crimes against people tend to increase as we approach the equator and,
conversely, crimes against property decrease.

4.- Sexual crimes are committed more frequently in spring.

Of course, these are statistical studies, carried out in Europe, where the four seasons
have well-differentiated cycles and under conditions that today are distant history.
Furthermore, modern criminology understands that there are dialectical relationships
between the factors of crime, which, in any case, would exert their influence in
constellation.

THE POLITICAL FACTOR

When talking about this factor, we are referring to the government, to the public
administration. In this sense, if crime is considered as a sociopolitical phenomenon, it
seems appropriate to think that it will always be present in any society that has a
government that governs it or “misgoverns” it, as Manuel expresses (very correctly,
we believe.) López Rey (1976).

In reality, in the strict sense, without political organization crime would not exist
(Parmellee, 1925) since no act is considered criminal until the State gives it that
definition. In this sense, the nature of crimes is largely determined by the nature of
the political organization in force at a given time and place; Thus, for example, in
Peru there will be some crimes that do not exist in Egypt and vice versa (although
there will also be similar ones).

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On the other hand, when the government is a bad administrator (ineffective and
corrupt governments), it can become an immediate factor in the production of
criminal behavior (comments strike); It will also be indirect, to the extent that it
creates favorable conditions for criminal behavior and does not take the relevant
prevention measures.

THE CULTURAL FACTOR

Cultural is the name given to all the characteristic achievements of human groups.

For the modern positivist school, crime reflects, to a large extent, the cultural
evolutionary rhythm of every society: the greater the culture and development of
technology, the greater the culture and development of technology, the greater the
crime, consequently, it will present qualitative and quantitative variations.

Within this perspective, Criminal Sociology has been concerned with studying,
among others, the possible relationships between crime and level of education, crime
and collective media (cinema, television, radio and press), crime and recreational
activities.

a.- Criminality and level of education:

During the last century, the idea prevailed that the development of education
would reduce crime; however, research carried out in this regard in Europe and
the USA did not produce definitive results. It was found, however, that illiteracy
does not play an essential role in relation to crime (as was also believed for a
long time); Their level can remain the same, even if education becomes
generalized (in France, from 1851 to 1931, the number of illiterates decreased by
90%, but the level of crime did not change).
It has also been argued that the majority of criminals are recruited among the
illiterate, which is statistically true, but this does not contradict the previous
conclusion, but rather obeys other reasons that have been clarified by the
Criminology of Social Reaction.

b.- Crime and social media:

Cinema, television, radio and the press are neither bad nor good in themselves
(they are only vehicles of dissemination); Yes, the messages that reach the
public through them can be.
Among European researchers, it is a general opinion that cinema has harmful
effects on young viewers, due to their characteristic lack of critical spirit and their
tendency towards identification, which can lead them to reproduce behaviors
they have seen on screens.
Television plays a role similar to that of cinema, with the advantage of the relative
isolation of the viewer, but with the disadvantage of the invasion of the home and
the free spectacle; facts that favor daily violence, crime, family disorder and the
denial of established moral values, being projected into the home.
Here the problem is more serious due to the little or no quality control in the
programming of commercial television stations; and because, in addition to
young people and adults, its influence also reaches children.

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THE ECONOMIC FACTOR

Scientific socialism at the end of the last century considered that crime was a
phenomenon of social abnormality due to economic influence; while the so-called
“socialist school” considered it as a direct consequence of capitalism. Today we
know, however, that crime also exists in countries with non-capitalist regimes.
In truth, the economic factor in crime is extremely complex; it is enough to know that,
for example, both poverty and wealth can influence its production.

a.- In relation to poverty,

It is a fact that the lack of the essential means for the satisfaction of individual
and family needs (lack of work, adequate housing, basic services, etc.), can
create in individuals an emotional state that can be transformed into feelings. of
inferiority and frustration that, likewise, can turn into hatred or resentment
towards the entire society, considered responsible for such hardships.
It can also generate constant rebellion that usually translates into frequent
violation of laws, considered as an instrument of oppression and exploitation;
Furthermore, it can generate disrespect towards the authorities; All of these
attitudes can lead to the perpetration of crimes.

b.- Regarding wealth, it is no less true that situations of prosperity and extreme ease
in obtaining goods in consumer society (which leads to the loss of awareness of
the value of objects) are It constitutes, to a large extent, the source of the most
modern crime: the unconventional white-collar economic crime of the powerful.

THE SOCIAL ENVIRONMENT AND SOCIALIZATION PROCESSES

1.- SOCIALIZATION PROCESS

It is a process of influence between a person and their peers, a process that

results from accepting the behavioral patterns social and adapting to them. This
development It is observed not only in the different stages between childhood
and old age, but also in people who change a culture to another, or from one
social status to another, or from one occupation to another.
Socialization It can be described from two points of view: objectively; from the
influence that society exercises on the individual; as a process that shapes the
subject and adapts it to the conditions of a given society, and subjectively; from
the response or reaction of the individual to society. Socialization is seen by
sociologists as the process through which culture is instilled in the members of
society. Through it, culture is transmitted from generation to generation,
individuals learn specific knowledge, develop their potential and abilities.
necessary for adequate participation in social life and adapt to the forms of
organized behavior characteristic of their society.

2. TYPES OF SOCIALIZATION

a) Primary Socialization:

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 It is the first thing that the individual goes through in childhood through which
he becomes a member of society. It occurs in the first years of life and is
referred to the family nucleus. It is characterized by a strong emotional
charge. Depends on learning ability of the child, which varies throughout his
psycho-evolutionary development. The individual becomes what the
significant others consider him to be (adults are the ones who set the rules of
the game, because the child does not intervene in the choice of his significant
others, he identifies with them almost automatically) without causing
problems. identification. Primary socialization ends when the concept of the
generalized other has been established in consciousness of the individual. At
this point the member is already an effective member of society and is in a
subjective position of a self and a world.

b) Secondary Socialization:

It is any subsequent process that induces the already socialized individual to

new sectors of the objective world of their society. It is the internalization of
subworlds (partial realities that contrast with the base world acquired in
sociology primary) institutional or based on institutions. The individual
discovers that his parents' world is not the only one. The emotional charge is
replaced by techniques pedagogical techniques that facilitate learning. It is
characterized by the social division of labor and for the distribution social
knowledge. Relationships are established by hierarchy.

URBAN CRIMINALITY

The factors that affect crime are diverse, and include the social, institutional and
physical environment. Crime has increased worldwide in the last 20 years, especially
among young people aged 12-18.

Crime is understood as the volume of violations of the law by individuals, at a given

time and area.

The factors that affect crime are diverse, the social, political, economic reality, among
others.

Urban population growth:

The growth of urban crime is one of the great current problems. In the southern
hemisphere, since the 1980s, crime has grown uninterruptedly, and violence among
young people has grown exponentially. The phenomenon of street children,
illiteracy, school dropouts, social exclusion, and the illegal arms trade, among other
phenomena, contribute to this.
The context in which the increase in crime occurs is dominated by the increase in
drug abuse, the globalization of organized crime. This contributes to destabilizing
political regimes, increasing the effects of economic crises.

Causes of the increase in urban crime:

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There are multiple causes for the increase in crime, and they are divided into social,
institutional and the physical environment.
 social exclusion,
Caused by unemployment or prolonged marginalization, school dropouts and
illiteracy, changes in family structure are part of the originating factors of crime.
Another factor that has influenced is the breakdown of social ties in the
neighborhoods. Contrary to what is often believed, poverty is not a direct cause
of crime.

 As institutional causes, there is the judicial system that does not adjust to the
needs with deficits in the areas of police, prisons and justice.
Worldwide, the police aim their objectives at combating major crime, distancing
themselves from citizens, which has led to the loss of trust of the population.
Justice is slow and ineffective in the face of urban conflicts, with its procedures
inaccessible to the majority. And the resolution of crimes is very low, reaching
10%. And their sanctions do not have rehabilitation as their goal. Prisons are
actually schools for the construction of criminal networks.

 As causes of the environment, we have the uncontrolled growth of cities, the

lack of services, the absence of the concept of security urban, the low control of
the neighborhoods, the massive emergence of semi-public spaces (malls,
stations, etc.).

Consequences of the increase in urban crime:

 The most important consequence of the increase in crime is the generalized
feeling of insecurity, which adds to the other insecurities that city life fosters,
such as unemployment, health, the future, family violence, impoverishment, etc.

 This feeling of insecurity leads to a deterioration of the neighborhoods, to the

creation of a new architectural typology, based on the reinforcement of security
elements. There is also a retreat in investment in cities and neighborhoods
considered dangerous. The emergence of community protection practices is a
positive aspect.

 Another consequence is the impact of insecurity on the poor sectors, who do

not have sufficient means to defend themselves from crime.
 The increase in security costs is a very negative consequence of the increase in
crime .

 Another consequence of this phenomenon is the appearance of countless

private security companies, in many countries exceeding the number of private
security agents than the number of police officers. This generates cases of
abuse and corruption, as well as relationship problems between the private
sector and the police.
RURAL CRIMINALITY.

In rural areas it is less than in urban areas, but in the city they are milder. There are
typical rural crimes such as rustling, destruction of crops, and others more common
in cities than in rural areas, such as fraud, bankruptcies, falsifications that require
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high technology, manufacturing and sale of narcotics, commercialized vice, etc.
Urban crime is strictly fraudulent, while rural crime is violent.

In proportion of quantities it is greater in the cities, and to explain it it can be said that
the city has destroyed or relaxed family and neighborhood ties, in the countryside it is
still strong.
The city offers greater temptations for the hope of concealment and anonymity, it
increases the number of needs, commercialized vice (alcoholism, nightlife, drugs,
narcotics, gambling, prostitution), child and youth gangs are urban phenomena.

Crime areas:
- Children's and youth bands.
In cities, there are neighborhoods in which crime occurs in large quantities, while
in others, it is extremely low, because there were: a. Areas of high industrial
concentration.
b. Bad conditions in the room.
c. Many individuals who live on charity or social assistance.
d. Many immigrants, even of different races.
e. Lack of the sense of neighborliness and the control that results from it.
- Youth gangs are formed not only in poor homes, but also due to the lack of
recreational places where children and adolescents can give a normal outlet to
their energies, and little parental supervision.

It is frequent that the ideals espoused by the band are in contradiction with those held
by normal society; Playing tricks on the police is not only a desired goal, but it often
becomes the non plus ultra of courage. and source of prestige among colleagues.
In conclusion: The influence that geographical and ecological factors exert on crime
cannot be doubted, however, it must be kept in mind that direct influences are less
frequent than indirect ones.

III UNIT
SIXTH WEEK
2nd SESSION
26/APR/2023

INFLUENCE OF THE FAMILY ON CRIMINALITY

The irregular family constellation. Schooling and the media. Technique and crime.
Economic or white collar crime

First of all, we must consider that the family is a natural institution; It is born
spontaneously wherever there are men. It does not wait to appear for the State
assigns it a legal status. Initially, in most societies The family existed without any
intervention from the State and was governed only by traditional customs.

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We must keep in mind that long before civil societies were built, and the State and
governments identified with the life of humanity, men met in society, in small groups ,
constituting the family, as an embryo of every social norm.
This primary significance is revealed by the dominant doctrine when it points out that:
"The family at all times has been and is the true cell of society and cornerstone of
social order; not only because it constitutes a group natural and irreducible, whose
special mission that of ensuring the reproduction or integrity of human life, but
because, in addition, feelings of solidarity, altruistic tendencies and virtues are
formed and developed within it, which have played an important formative role in
man, in order to his further development . ultra-familial, in the social sphere.

The investigations carried out in matters of crime They amply demonstrate how the
feeling of insecurity, a consequence of the lack or insufficiency in emotional vigilance
in early childhood, is a powerful determining factor in the individual .
The statistics and sociological research has also highlighted the influence of the
environment family in juvenile delinquency as the primary factor of this is based on
family instability.

The family as a sociological group and in line with the great functional importance it
has for the State and society, has undergone a change over the last few centuries.
structural of great importance.
Man, unlike the animal, when he finds himself in the presence of an end, abstracts
from the things he knows, the character common media to achieve it and even,
among the means themselves, it attracts and chooses those most effective to
achieve the proposed end.
This is the goal that humanity pursues. To be such, the end must be achievable
through the collaboration of the community, and it is also necessary that to achieve
the aforementioned end, there exists a common will that wants the means that best
lead to it.
That is, what constitutes the reason that society exists.

Nature same of personality human, the intrinsic properties of the rational being, as a
social animal that it is, according to Aristotle, demand and impose on man as a law
unavoidable and natural, the fact of living in society.
But whatever the first form of human coexistence may be, it is today a truth accepted
by the most distinguished sociologists that the nature of man is eminently social; that
is, since man It appears on the face of the earth, it already appears within some
society, no matter how rudimentary it may be. The existence of isolated man is today,
in the modern world, one of many myths forgotten by science .

Thus, considering the family as the oldest society, and the only natural one, the
existence of rights is inferred. and obligations mutual, which were not granted to him
by power strange, but are due to nature itself. It is evident that the family alone will
not be able to satisfy the needs of the person. human; The society capable of
satisfying these needs is civil society, since it is the only one that can have the
necessary elements to satisfactorily fulfill its mission. This is an element as
indispensable for the existence of social law, as it is for the other sciences. social,
and which also has two transcendental consequences: the first is that society

105
distinguishes man from the animal, and the second is that sociability is essential to
achieve the goals of human life.

Function family socializer; For the newborn, it is necessary to preserve his life as well
as to adapt him to the society in which he has to carry out his activities. In the
subsequent process of adaptation, the first steps and the calls to have deeper
repercussions, are taken by children and the adolescent, within the family. The family
is destined to fulfill a purpose closely related to nature and the development of the
human being.
In summary, we can say that the family is the necessary element for socialization of
the child, removing or canceling pernicious influences.

CAUSES THAT DESTROY OR DIMINISH POSITIVE FAMILY INFLUENCES:

The causes of crises They are numerous and not all of them have their origin in
recent times, some have been going on for centuries, and you can see how they
have an impact on the increase in crime.

Among the reasons for the crisis are the following:

a. The family is less united than before, frequently due to divergences of interests
between the spouses, due to the tendency to make them perform, for the sake of
equality misunderstood marital relationship. Identical role at home.

b. The educational supervision of parents over the family has relaxed, its members
spend less and less time together especially because each one's activities are
carried out within schedules that diverge from those of others.

c. Divorce, which although it was instituted with the pretext that it would serve as a
remedy only in extreme situations, has spread to the point of becoming a social
problem.

d. Children spend a lot of time outside the home, not only at school, but in the
streets, clubs and recreation centers, without the necessary supervision.

e. Children are emancipated prematurely, which happens mainly when, as a result

of economic emergencies, the child or young person starts working early .

f. Poor material conditions of the home, especially misery, dirt and straits that
cause promiscuity and drive children to the streets.

g. Preparation of parents to fulfill the educational task.

h. Generations of orphans of one or both parents.

i. Sometimes it is not just that parents are incapable of educating properly, but that
they are immoral and their immorality is transmitted to their children.

Number, birth order and sex of the children:

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a. The Firstborn; Old statistics already showed that the first-born son is much more
delinquent than his next-born brother.

b. The only son; In general, the delinquency of an only child is proportionally higher
than that of children who have siblings.

c. The large family; In general, children from large families, and the larger they are,
show greater delinquency than children from small homes.

d. Sex of children; It is a fact that men, in general terms, commit more crimes than
women.
The broken home:
To fulfill its socializing function, the home must have a father and a mother, the
former, at least ideally, as a disciplinary factor and as an economic supporter; the
second as a conservative, essentially homely element, to which children can turn in
search of affection and understanding. If either parent is missing, the educational
capacity of the home is determined.
There can be three different situations depending on the reason that led to the
breakup. to. Death of one or both parents:
This situation translates into a lack of affection and family disciplines, emotional
and even biological imbalance, economic crisis, etc.

b. Abandonment or desertion:
The fact can be voluntary, such as when it results from a lack of understanding
between the parents and family life becomes intolerable, but it can also be due to
causes unrelated to home life.

c. The divorce:
This legal separation during the lifetime of the spouses has been the cause of a
large number of crimes; children are usually aware of of how little they mean to
the parents, since how common their interests are and not those of the parents
determines the separation.

Homes not well integrated.

To fulfill its socializing function, the home must be not only materially but also
spiritually integrated. When this does not happen, the situation arises, for example,
when there are conflicts of culture that make understanding between family members
difficult; children have greater culture than parents, whom they despise or disobey;
Marriages are made between people who are extremely different due to their culture,
their ideals or their nature, from which continuous discrepancies arise.

The criminal home.

When we discussed the issue of criminal families, we already noted the influence of
the home in which a criminal environment exists. Modern research has fully proven
the importance of contagion of criminal behavior, contagion that not only comes from
parents, but also from siblings.

Family indiscipline.

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The discipline Proper family is far from being the rule; when imposing it, parents stick
to their best knowledge and understanding, if not to their blind instincts. Burt found
that 25% of the English juvenile demented people he studied had a history of lax
home discipline; in the 10% too strict discipline.

The civil state.

An attempt has also been made to determine the importance that marital status may
have in crime. In general crime, the lowest percentage corresponds to married
people, followed by widowers, then singles, with the highest crime rate among
divorced people.
However, we must not neglect the fact that marital status is combined without other
conditions, especially age, to result in certain conduct .

Religion and crime.

No one is free from feeling the temptation to carry out behaviors that, if they must be
carried out, will continue to be a crime, therefore, the brakes of external origin can be
reinforced: increase the laws, give them effective force, create a strong social
opinion, increase moral forces and religious.
We must record three positions:
• that of those who believe that religion helps reduce crime;
• that of those who think that it contributes to increasing it and that of those who
consider that in reality and in a general way,
• Religion is indifferent in the criminal field.
Religiosity of criminals.
One of the most appropriate means of discovering the relationships between religion
and crime is to investigate the percentages of religious people that exist among
criminals and non-criminals.
The statistics compiled by Kalmar and Weir, they verified that while only 40% of the
population of the US is registered as belonging to a religion. The cited authors
verified that many who declare themselves Catholics were not actually Catholics.
Crime due to religious affiliation.
We must find out if some religious groups, because they are such or such, are more
inclined to crime, at least to certain types of crime.
Studies carried out in Europe tend to demonstrate the highest crime rate among
Catholics, and intermediate among Protestants. In Europe, Catholics belong to
Germanic, Saxon, Scandinavian nations, the former live in more mountainous
regions, the latter in flat, temperate and even cold regions.
Catholics are more abundant in the economically poor sectors, while Protestants
argue that Catholics have no qualms about committing crimes since confession will
free them in due course from the burden of sin . Catholics, for their part, explain the
higher crime rates among Protestants due to the lack of confession.
How religion can influence crime. For example: African and Hindu sects that demand
human sacrifices, however Christianity itself may lead to the number of crimes
increasing, through some indirect mechanisms.

SCHOOLING AND CRIMINALITY

Scholarship

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The first educational factor that is important to highlight is Schooling, understood, in
simple words, as years of schooling, which translate into passing different
educational levels. This variable would have a negative relationship with crime.
As mentioned by the UN, in the Tenth United Nations Congress on the Prevention of
Crime and Treatment of Offenders in 2000, higher education reduces the probability
of criminal behavior. However, the effect would be indirect, since schooling directly
influences the future work and income of those who studied, decreasing the
probability of unemployment and that, in turn, would decrease the utility/probability of
committing a crime.

Human capital
It is important to mention Nuñez's discoveries. They include Education and Illiteracy
within the Human Capital variables. Although a negative relationship was expected
with the different crimes analyzed, it is found that for each crime there are different
results.
For education, a positive relationship was found with robbery, rape and homicide.
And negative relationship with violence, theft and fraud. And for Illiteracy, a negative
relationship was found in almost all crimes and a positive relationship was found in
rape. With respect to Human Capital, the authors discovered ambiguous results.
A tentative explanation for these results is that Human Capital would be associated
with two hypotheses: it can increase crimes if it is the criminals who see their human
capital decreased; but it can reduce them if the human capital of those who report the
crimes decreases, the latter would indicate that what would decrease would not be
the crimes but rather the reporting rate. On the other hand, there would also be
crimes that would require certain skills that would be associated with the possession
of greater human capital.

School Failure
Another variable related to Schooling is School Failure, understood as bad grades
and low performance. The relationship with crime would be positive, but indirect.
As Bertus Ferreira mentions, based on Rutter and Giller, educational failure leads to
emotional and self-esteem problems, which lead to dysfunctional and/or criminal
behavior.
Farrington in 1996 also pointed out something similar: failure leads to aversion to
school and that aversion would lead to antisocial behavior and the creation of gangs.
This is also demonstrated in Chile by Barreto's study, who relates poor performance
to school dropouts and criminal behavior.

School Dropouts
School Dropouts have been a highly studied factor. Students who drop out of school
are more likely to commit criminal activities. Rutter and Giller, and Wilson and
Hernstein, within the international studies, and De la Puente and Torres and
Benavente within the national ones, affirm the above.
Research by the Citizen Security Division sees School Dropping Out as a risk factor
that does not act in isolation but rather in conjunction with other factors such as
socialization with at-risk peers, absence, among others.
These factors would increase the probabilities of entering into dynamics of exclusion
or disintegration, such as unemployment, underemployment, drug addiction and

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crime. In this way, the School Dropout factor is understood as a cause and also as
the 'first milestone in the criminal trajectory'.

Intelligence
A factor that includes foreign literature and relates it to the others mentioned above is
Intelligence, which appeals to individual Capabilities. Having low intelligence
prevents you from doing your schoolwork well, which leads to school failure and also
dropping out of school, hence its negative relationship with crime.
On the other hand, as Hawkins and Lishner point out, 'bright' students have a real
possibility of higher education and this greater possibility would curb criminal acts.

Quality of education
Another factor that also serves to argue failure, dropout and schooling, and that
makes more sense in a reality like ours, is the Quality of Education. In fact, it was
only found in the Chilean and Latin American bibliography. Its relationship with crime
would be negative. Raczynski and Blázquez pointed out in 2000 that schooling levels
depend on the quality of education and that people belonging to a low social group
receive lower quality education. For their part, De la Puente and Torres affirm that
if educational conditions are improved, the factors that cause criminal behavior are
neutralized.

Participation in Gangs and Gang Behavior

As has been shown, it is difficult in the educational field to isolate the different factors,
since they influence each other. A factor of this type that is included in the
educational topic is Participation in Gangs and Gang Behavior. This idea comes from
Sutherland's learning theory, specifically from his differential association thesis,
which proposes, broadly speaking, that criminal behaviors are learned in
environments where those behaviors are reinforced over non-criminal ones. Among
these environments are peers and friends who follow the criminal path. That is,
participating in groups of this type increases the probabilities of committing crimes,
mediated by what is called the 'peer effect', socialization with similar people, where it
is easier to compete among similar people.

ECONOMIC OR WHITE COLLAR CRIME

Economic crime encompasses events that take place in the context of economic life.
The agents resort to fraudulent methods, take advantage of possibilities and
knowledge of the commercial or financial economic world, their fundamental purpose
is the accumulation of economic benefits and cause significant damage to economic
circuits. This (white collar) crime has different characteristics than those that had
defined classic crime.
Even then, there was less social reproach towards this type of crime. It was
more about behaviors derived from a culture of quick success, from a desire to
imitate the winners and much less about behaviors due to a sociability deficit of
delinquent individuals, contained in classic theories of criminality.

Workshop:
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Each group will do a theatrical performance on one of the topics discussed in the
Sociological Approach to Crime. Make the comment and the respective analysis.

IV UNIT
SEVENTH WEEK
01/MAY TO 06/MAY/2023

FIRST PARTIAL EXAM (EP 1)

IV UNIT
EIGHTH WEEK
1st. SESSION
08/MAY/2023

SOCIOCRIMINOLOGICAL TRENDS

Sociocultural explanation of crime: Cultural Conflict theory, Criminal Subculture

theory, Anomie theory, Social Pathology theory, Interactionism theory or Labeling
theory.

SOCIO-CULTURAL EXPLANATION OF CRIMINALITY

The Image of the Criminal

Traditionally, crime has been considered an individual phenomenon, but currently it is
essential to apply a social approach to it. Crime as a social phenomenon occurs in all
societies with its own characteristics. However, during the historical development of
humanity, it can be seen that the idea about crime has had and has a constant
evolution, with very notable changes having occurred in terms of the classification of
behaviors considered criminal by various human cultures. and criminal legislation,
throughout history.
Frequency, for its part, is an index of crime in relation to the variation it suffers over
periods of time. Ferri did so at the time, concluding that the increase in population led
to an increase in general crime. Geographic factors are other antecedents that the
image of the criminal must address.
Rural life versus urban life, since urban crime is quantitatively greater, and
qualitatively different.
Criminologists recognize that both juvenile and adult delinquents are the main
product of the collapse of traditional social norms, as a result of industrialization,
urbanization, the increase in physical and social mobility, the effects of substandard
housing, unemployment , economic crises and wars.
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Economic factors, then, some say that development reduces crime, but others
maintain that it is the opposite as conflicts increase and relationships of interest
become more complex.

Basic Crime Classes

a) Conventional: It is the one that occurs in any type of society and are those that
violate the official legal norms of the different States against property, against
people, against public health, against physical integrity, against general freedom.

Characteristics:
Modus operandi: Violence.
Improvement of commission means. Increase
in violent crimes.

b) Unconventional: one that damages legal rights as important or more than the
previous ones, which sometimes are not legally sanctioned or have been
sanctioned only recently. Example: genocide. Characteristics:
The legal-criminal order of values is altered. Ex: the State is the criminal, the
aggressor, not the protector.
Maintenance of power at all costs (military movements) with the fictitious creation
of many common crimes.
Common criminal figures in post-industrialized societies.
They appear by contradiction: the welfare state is preached, but there are large
pockets of poverty; Pluralism and equality are preached, but there is more
marginalization.
Organized crime, even institutionalized; Drug trafficking, currency trafficking,
human trade, subsidy fraud, arms trafficking, money laundering.
Corruption of officials and influence peddling.
Abuse of privileged information.
Business manipulation, disclosure of information.
Cybercrime.
Ecological crimes.
Fraud with health products.
Audiovisual piracy.
Mass scams.
Credit abuses (fraud in financial operations).
Tax crimes
Crimes against social security.
Terrorism.

THEORY OF CULTURAL CONFLICT

They explain crime based on the cultural shock that comes with the coexistence in
the same environment of people from different countries and with different cultures.
The minority culture will be inferior to the majority culture in the country and minority

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people will have no choice to survive but to integrate into the majority culture or
marginalize themselves and dedicate themselves to crime.

THEORY OF CRIMINAL SUBCULTURE

This theory is based on the principle that deviant behavior, like other behaviors, is
learned in the environment in which one lives. Deviant acts would therefore be a
consequence of socialization in environments with values and norms different from
those of society in general. The theory was developed by Clifford Shaw and Henry
Mckay and has its origin in ethnographic studies made by the Chicago School during
the twenties . Researchers divided the city of Chicago in five zones, making
concentric circles and comparing the crime rate and the relationship between the
number of criminals and the total population of each area. The data showed that the
value of the rate decreased as one moved away from the center, and what is more
interesting, that between 1900 and 1920 The relationship between crime rates in each
area remained unchanged, despite the fact that during this period there were large
population movements that changed the ethnic composition of each area. These
facts led the researchers to the conclusion that the deviant subculture was part of the
idiosyncrasy of some neighborhoods, so it was transmitted to the new inhabitants.
Numerous researchers have developed the theory, proving that it is common for
individuals with deviant behavior to belong to groups in which these behaviors are
permitted or even prescribed, so such behavior could only be judged as deviant with
respect to the norms and values of society. but not with respect to those of their
reference group. Regarding this, the criminologist Edwin
sutherland would write that “criminal culture is so real and much more widespread
than is usually thought.”
Walter Miller studied how subcultures of deviance are created, coming to the
conclusion that these usually appear among lower-class youth , since they are the
ones least likely to fulfill their aspirations through legitimate means. Miller also
identified the characteristics of these subcultures, whose main features would be: The
routinization of conflict, harshness, sagacity and autonomy.

THEORY OF ANOMY
In social sciences , anomie is the lack of norms or inability of the social structure to
provide certain individuals with what is necessary to achieve the goals of society . It is
a concept that has had great influence on contemporary sociological theory. He has
also offered one of the most important explanations of deviant behavior.
The concept of anomie is linked to others such as social control and deviation . But
anomie is due to the actions of a social agent manifest in the absence of norms
regarding success in a role within the system. Moral regulation corresponding -
codified in social norms- becomes obsolete in the function of promoting organic
solidarity, which is why deinstitutionalization occurs due to lack of the aforementioned
normative values, in a range that goes from uses and customs to the most serious
extreme of the lack equal opportunities to advance to the next step of new cultural,
religious or societal assets of the progressive stage of development.
Specifically, according to Durkheim, anomie implies the lack of norms that can guide
the behavior of individuals. In the functionalist Merton, however, anomie represents
the impossibility for certain individuals to access the means that serve to obtain
socially established ends, or vice versa.
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Like social anomie, social resilience is defined by several researchers as an attitude
that gives a person or a social group a capacity. For example, Rutter 1987 defines
resilience as the ability to convert adversity into an opportunity for challenge,
avoiding negative stressors; It contributes to developing the ability to effectively deal
with stress and crisis. It makes the person resistant and adaptive to change.
Years later, in 1998, Grotberg defined resilience as a universal capacity that allows a
person, group or community to prevent, minimize, or overcome the harmful effects of
adversity. Resilience starts from a social context.
Boris Cyrulnik (1999) considers that one cannot be resilient alone, since resilience is
built in interaction with the environment and the social environment. Although it is
considered that we are all born with resilience, which is diminished by parents and
teachers from 2 to 19 years of age, turning it into asiliating anomie. It is of interest to
sociology, anthropology, social psychology and psychology.
THEORY OF SOCIAL PATHOLOGY
Family disintegration, crime, drug addiction, alcoholism, prostitution, poverty, old age,
etc. It is the phenomenon that consists of the marginalization of one or several
individuals in the face of the norms and values of a society. Social pathology refers to
abnormal behavior within society, to "social disease." It deals with studying the
causes, meaning, outcome and treatment of social abnormality. Normal behavior is
understood as the set of regularized, repeated and characteristic acts or behaviors of
a society. Therefore, the individual who does not act in accordance with the forms of
behavior repeated in a society will be called abnormal or deviant.

THEORY OF INTERACTIONISM OR LABELING

In the 1960s Deviation begins to be studied from the perspective of symbolic
interactionism. These authors focus their studies not so much on the possible causes
of deviant behavior, but on the forms of control and social interaction by which certain
individuals are defined as deviant. The main theoretical contribution of this school is
the theory of labeling , which could be summarized as follows:
Social groups create deviance by establishing rules whose violation constitutes
deviance, and applying these rules to particular people, who they label as outsiders .
Deviance is not a quality of the action committed but the consequence of others'
application of rules and sanctions. . Howard Becker, the deviant is someone to whom
the label has been successfully placed; Deviant behavior is behavior labeled as such
by people.
One of the fundamental contributions of this theory is the distinction between primary
and secondary deviation made by Edwin Lemert . The primary category includes non-
compliance with the rules that does not make the person who commits it feel deviant,
nor is it seen that way by others. Within secondary school, on the contrary, there
would be non-compliance that changes the conception that others have of the author,
labeling him as deviant. This labeling will cause the author to reorganize the
perception of himself assuming the new definition that others give of him. The basis
for this distinction is the fact that, in reality, virtually everyone has committed deviant
acts. It is difficult to find someone who has not lied, committed some petty theft or
consumed an illegal drug, but few of these people are classified or self-classified as
liars, thieves or drug addicts.

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Secondary deviance is closely related to the concept of stigma developed by Erving
Goffman, defined as a negative social mark used to define a person. Stigma
becomes a role dominant of the individual and all past acts begin to be reinterpreted
from the perspective of the new stigma, in a process of biographical distortion known
as retrospective labeling . Goffman developed the possibility that by stigmatizing
someone with greater or lesser reason, a series of mechanisms were activated, such
as social rejection, which would prompt him to seek company among those who do
not censure him from other stigmatized people, thus reinforcing the deviant identity
and prompting him to continue his criminal career. In this way the deviation could be
one of those self-fulfilling prophecies that Robert K. Merton elaborated based on
Thomas' Theorem .

BASES: • Crime and social reaction are interdependent/inseparable/reciprocal.

• Irregular behavior is spread across all social classes; but subsequently social
mechanisms label the individual and lead to an unequal risk of being
arrested/prosecuted/convicted.
• The criminality of the lower class is determined by the processes of attribution.
• Stigmatization/branding of socially dangerous people by easily identifiable
characteristics. (major abuses and destructive consequences for those
affected and their families).

CRITICS:
• They forget the initial motives that drive the subject to a criminal act. They
ignore the origins of the criminal attitude and the motivation for the first crime.
• They include the figure of the criminal in a determinism of social reaction. They
only worry about the acts committed by the weak, forgetting the powerful and
covert institutional violence.
• They ignore certain political aspects of the problem of deviation

IV UNIT
EIGHTH WEEK
2nd Session
10/MAY/2023

SOCIO-POLITICAL EXPLANATION OF CRIMINALITY

The way in which the organized reaction against crime is projected and executed
depends on the media that the State has . Therefore, to have knowledge exact Criminal
Policy, the socio-economic reality that has influenced its structure must be taken into
account and that conditions its application.
The socio-economic situation that exists in our country, being a dependent and
underdeveloped country, is the result that we have through a long process. of Spanish
colonization, here we ask ourselves: how does the Peruvian State react against crime
, what policy or social structure does it have to improve living conditions for citizens?

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We need a change yes, so that the laws are applied in an appropriate manner. As long
as it is true that punishments have a function preventive, protective, retributive and
resocializing, as well as security measures pursue healing and rehabilitation
purposes.
Criminal Policy is a part of the General Social Policy of the State, it is everything that
the State does to Society . Where the socio-economic context is characterized by
violence and instability underlying the entire system . Social inequalities are enormous;
unemployment It is chronic and affects a large part of the population . The organization
policy is insufficient, not offering individuals the possibility of participating in
government from the country. This description , necessarily schematic, must be
appreciated considering that the social structure of these countries is not
homogeneous.
Inside, there are areas richer than the same ones that have a peculiar link between
them and with developed countries. In Peru, an Andean and Amazonian country, the
indigenous population, for example, constitutes a decisive factor.

CRIMINAL POLICY AND SOCIAL REALITY

The description schematic of how the State has legislatively reacted to the criminal
phenomenon, cannot be well understood if the socio-political context in which it
occurs is not taken into account. This is not the work in which you must exhaustively
analyze that reality. But, as well as studying the historical evolution of our criminal
law, we believe it is necessary to make the following reflections.
Although it is a trivial truth, it cannot be said without saying that the legal order, in
general, and the criminal order, in particular, are closely linked to the social,
economic and cultural reality of the country. Every socio-economic and political
change has an impact on legislation and administration. of Justice. This connection is
also reflected in relation to the work carried out by jurists. The doctrinal conception
they develop cannot fail to take these circumstances into account. Likewise, it is not
possible - without adequate knowledge of reality - to develop and apply a coherent
and effective criminal policy.
The severity of the penalty provided for in the law Regarding the act attributed to the
detainee, it determines the conditions of his detention. The same can be said that the
penalty required by the Public Ministry, determined in turn by the one established
legislatively, conditions the trial of the accused. This creates a vicious circle with
disastrous consequences for those who are detained as simply a suspect.
The problem originates not so much due to the functional incapacity of the judging
bodies or the number of officials, but, above all, to the eminently repressive nature of
the penal system. Furthermore, its application is carried out according to deficient
and incomplete procedural rules that magistrates interpret in a too legalistic manner.
Although procedural laws and also the Constitution enshrine the principles
fundamentals of liberal law; and although these are frequently invoked by judges in
their resolutions, it is undeniable that said principles are distorted. For example, the
presumption of innocence of the accused loses almost all its significance when,
before being declared innocent, he is subjected to a long preventive detention and is
not compensated in any way. The same happens with the in dubio pro reo principle:
in cases of drug trafficking or terrorism, for example, first instance judges prefer - in
case of doubt about responsibility of the accused - condemn him to avoid - in case of

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acquittal - suspicion of corruption; and thus leave the final decision in the hands of
the superior court.

CONCLUSIONS
➢ We are aware that in all societies there will always be a certain level of crime, as
well as diseases. and malformations are inevitable, at all times there will always be
men with intellectual deficiency or structural of a psychopathic nature that makes
its integration impossible social and that is why they end up committing criminal
acts. This can never be avoided.
➢ In many cases, criminals are products of discordant family relationships, due to
violent relationships between parents and parents with their children, they do not
provide them with affection or love, therefore they lack emotional security, the lack
of education also influences reasonable.
➢ The crisis that we live in our country, where the majority of families that make up
the middle class group are now poor and the poor class currently lives in
inhumane conditions, which in many cases, due to the need they have, fall into
crimes from the very beginning. smallest to largest.
➢ Social Policy must also be adequately prepared, to be able to adequately combat
this crime that is constantly growing, due to having a police force that, instead of
protecting, in many cases are accomplices to the crimes and government
authorities that, instead of sanctioning or punish the guilty, they do not.
➢ We can say that Criminal Policy is changing, it is like fashion that changes
constantly.
➢ That more decisive rules must be applied, because in this way crime decreases.

V UNIT
NINTH WEEK
1st SESSION

117
 15/MAY/2023

VIOLENCE-TYPES

Recognize the origin. Guys. Demonstrations. The consequences and social impact of
violence. Identify the main role that violence plays in crime. Apply that
knowledge not only to reduce the crime rate but also to reduce the victimization rate.

DEFINITION OF THE CHAIR

Violence (from Latin violentia ) is a behavior deliberate, which causes, or may cause,
physical or psychological damage to other beings, and is associated, although not
necessarily, with physical aggression, since it can also be psychological or
emotional, through threats or offenses. Some forms of violence are sanctioned by
law or society, others are crimes. Different societies apply different standards
regarding the forms of violence that are or are not accepted. As a general rule, an
unreasonable person who refuses to dialogue is considered violent. and is stubborn
in acting despite whoever, and whoever falls. It is usually of a dominantly selfish
character, without any exercise of empathy . Everything that violates reason It is
susceptible to being classified as violent if imposed by force.

There are several types of violence, including physical abuse, psychological abuse
and sexual abuse. Its causes may vary, which depend on different conditions, such
as serious and unbearable situations in the individual's life, lack of responsibility on
the part of parents, pressure from the group to which the individual belongs (which is
very common in schools) and the result of not being able to distinguish between
reality and fantasy, among many other causes.

Violence is an action carried out by one or more people in which they intentionally
subject themselves to mistreatment, pressure, suffering, manipulation or other action
that threatens the physical, psychological and moral integrity of any person or group
of people.
"Violence is the psychological pressure or abuse of force exerted against a person
with the purpose of obtaining ends against the will of the victim.

ORIGIN CAUSES OF VIOLENCE

1. Alcoholism : countless cases record that, in a large percentage of cases in which
women They are attacked by their marital partners, they are under the influence
of alcohol or any drug.
2. Ignorance and lack of awareness regarding believing that the best way to change
the situation in which one finds oneself is through acts that include physical
violence: beatings, fights, fights, riots, etc., instead of resorting to peaceful
demonstrations, to peaceful social movements, to conversation, to dialogue, to
the search for agreements.
3. Not being able to learn to control the impulses that generate violence.
4. The lack of understanding in couples, the incompatibility of characters: domestic
violence It is the main cause of violence. A child who develops in a conflictive
and not very harmonious environment (with very little willingness to dialogue, with
little capacity in the parents to communicate problems, needs and feelings, with

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 very little openness and conversation to clarify and solve problems and learn
from them so as not to repeat negative experiences) must, with great probability,
in the near and distant future, be a problematic and violent person, in turn, with
their own children and/or with those with whom are under your power or influence
(your employees, for example).
5. Lack of understanding towards children: without being aware that children are
innocent beings, many adults violate or attack or beat or even sexually abuse of
their children (see pedophilia) , thus generating serious emotional disorders in
them.
6. The addiction to substances (i.e., dependence physical and psychological, not
solely psychological dependence, on various chemical substances, such as
nicotine and other of the many substances included in the industrial manufacture
of cigarettes; to alcoholic beverages; to illegal addictive substances or " drugs" ,
with the exception of marijuana, which is known that, although it can cause
psychological dependence, it does not cause physical dependence and,
consequently, does not generate violent behavior in those who consume it) is
another of the causes of violence. Many people consume addictive substances in
order to feel that they are what they really are not, thereby causing a lot of
violence. There are very frequent reports of cases in which it is known of a
person who, because they cannot get the dose they need of the substance to
which they are addicted (physical dependence), are capable of assaulting or
even murdering.
7. Lack of love, understanding, respect towards women; Many men beat women
because of an internal conflict "they hate women" (misogynists).
8. There is also violence against people with disabilities, since they cannot defend
themselves from psychological or sexual abuse, etc.

CLASSES OR TYPES OF VIOLENCE

Violence has a profound effect on women. It begins before birth, in some countries,
with sex-selective abortions. Or at birth, when parents desperate for a male child may
kill their female babies. And it continues to affect women throughout his life. Every
year, millions of girls are subjected to genital mutilation. Girls are more likely than
their siblings from being raped or sexually assaulted by members of their family, by
people in positions of power or trust, or by outsiders. In some countries, when a
single woman or teenager is raped, she may be forced into marriage. with her
attacker, or be imprisoned for having committed a "criminal" act. A woman who
becomes pregnant before marriage may be beaten, ostracized, or killed by her
relatives, even if the pregnancy be product of a rape.
After marriage, the risk The greatest risk of violence for women continues to live in
their own home, where their husbands and sometimes in- laws can attack, rape or kill
them. When a woman becomes pregnant, ages or becomes disabled mental or
physical, is more vulnerable to attack.
A woman who is far from home, imprisoned or isolated in any way is also the target
of violent aggression. during a conflict armed, attacks against women increase, both
by hostile and "allied" forces.
When we talk about violence we believe that it is just "hitting", but we are wrong.
There are several types of violence, among them we can mention:

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- Violence in the family (intrafamily).
- Psychological Violence.
- Female genital mutilation (FGM).

1. FAMILY VIOLENCE
The most common form of violence against women is violence in the home or
family. The investigations They consistently show that a woman is more likely to
be hurt, raped or murdered by her current or former partner than by anyone else.
Men may kick, bite, slap, punch, or try to strangle their wives or partners; they may
inflict burns or throw acid in their faces; hitting or raping, with body parts or sharp
objects; and use weapons lethal to stab or shoot. Sometimes women are seriously
injured and in some cases they are killed or die as a result of their injuries.
Nature of violence against women in the family environment has led to
comparisons with torture. Attacks are intended to harm health psychological of the
woman as well as her body, and are usually accompanied by humiliation and
physical violence. Like torture, assaults are unpredictable and bear little relation to
behavior of the woman. Finally, attacks can happen week after week, for many
years.
Violence in the family occurs mainly because there is no respect for each other. its
members, due to machismo, due to the disbelief of women, and/or due to their
impotence.
It can occur in any family, of any class social, one way to prevent it is by
encouraging the entire community that we must respect each other, that we must
respect each other, that we are all equal and that despite all our problems, our
family is the only one that will always support us and help us in everything, that is
why we must respect and protect it, even if we are the youngest. Of this, we are all
important elements, and if we suffer from violence, there are many people who will
help us get through the bad time and get out of this problem.
2. PSYCHOLOGICAL VIOLENCE
Psychological violence includes repeated verbal abuse, harassment, confinement,
and deprivation of resources. physical, financial and personal. For some women,
the incessant insults and tyranny that constitute emotional abuse may be more
painful than physical attacks, because they effectively undermine safety. and the
woman's self-confidence. A single episode of physical violence can greatly
intensify the meaning and impact of emotional abuse. Women are reported to
believe that the worst aspect of abuse is not the violence itself but "mental torture"
and "living in fear and terror."

3. FEMALE GENITAL MUTILATION (FGM)

FGM, a form of violence against the girl child that affects her life as an adult
woman, is a traditional cultural practice. In societies Where it is practiced, FGM is
believed to be necessary to ensure dignity of the girl and her family and increases
her chances of marriage.

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 FGM includes all procedures which include partial or total removal of the external
female genitalia or other injury to the female genital organs whether for cultural or
other non-therapeutic reasons.

MANIFESTATIONS OF VIOLENCE
1. DOMESTIC VIOLENCE: Psychological and physical violence with the spouse,
child abuse and abuse of children .
2. EVERYDAY VIOLENCE: It is what we have been suffering daily and is basically
characterized by non-respect for the rules, non-respect for a queue, mistreatment
in transportation public, the long wait to be treated in hospitals, when we are
indifferent to human suffering, public safety problems and accidents. We all
contribute and are part of a fight whose scenario becomes an urban jungle.
3. POLITICAL VIOLENCE: It is that which arises from groups organized whether
they are in power or not. The traditional style of political exercise, the indifference
of the common citizen to the events of the country, the non-participation in
decisions, as well as the existence of so-called bribes such as: management of
some institutions and institutional nepotism practices. Also the violence produced
by the response of the armed groups.
4. SOCIO-ECONOMIC VIOLENCE: What is reflected in situations of poverty and
marginality of large groups of the population : unemployment, underemployment,
informality; all this basically reflected in the lack or inequality of opportunity to
access education and health.
5. CULTURAL VIOLENCE: The existence of an official Peru and a deep Peru
(native and peasant communities) are distortions of values of identity national
and facilitate unhealthy lifestyles.
6. CRIMINAL VIOLENCE: Theft, fraud, drug trafficking, that is, behaviors that
involve means illegitimate to obtain assets materials. All forms of behavior
individual or organized that breaks the social rules established to live in a group.
Everyone dreams of the model what society sells them, success easy. But being
a suitable professional or qualified technician requires effort and preparation. It
requires developing internal resources and goals. The young people of our
country have opportunities for guidance and channeling their frustrations and in
this they depend on their families, the school and the institutions; The
responsability It belongs to everyone. That is, expressions of violence without a
future and without horizons can change.

V UNIT
NINTH WEEK
2nd. SESSION
17/MAY/2023

CONSEQUENCES OF VIOLENCE
Violence against members of society increases their risk of poor health. A growing
number of studies exploring violence and health consistently report negative effects.

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The true extent of the consequences is difficult to assess, however, because the
records Doctors generally lack vital details as to the violent causes of injuries or ill
health.
The consequences of violence can be non-fatal and take the form of physical injuries,
from minor cuts and ecchymoses (bumps, bruises) to chronic disability or mental
health problems. They can also be deadly; either for homicide intentional, by death
as a result of permanent injuries or AIDS, or due to suicide, used as a last resort to
escape violence. In this information folder ,
Violence brings two types of consequences: Physical and Psychological.
1. PHYSICAL CONSEQUENCES
a. Homicide
Numerous studies report that the majority of women who die from homicide
are murdered by their current or former partner.
In cultures where the custom of dowry is practiced (property that a woman
brings to the marriage or that is given to her husband by her parents or third
parties, in view of her marriage), this can be fatal for the woman whose
parents cannot meet demands for gifts or money. Violence that begins with
threats can end in forced "suicide," death from injury, or homicide.
b. Serious injuries
Injuries sustained due to physical and sexual abuse can be extremely serious.
Many incidents of assault result in injuries that can range from ecchymoses
(bumps and bruises) to fractures to chronic disabilities. A high percentage of
injuries requires medical treatment.
c. Injuries during pregnancy
Recent research has identified violence during pregnancy as a risk to the
health of both the mother and the fetus. unborn. Research in this area has
indicated higher levels of various conditions.
d. Injuries to children
Children in violent families can also be victims of abuse. Children often get
hurt while trying to defend their mothers.
e. Unwanted pregnancy at an early age
Violence against women can lead to unwanted pregnancy, either through rape
or by affecting a woman's ability to negotiate the use of birth control methods.
contraceptives. For example, some women may be afraid to raise
contraception with their partners for fear of being beaten or abandoned.
Adolescents who are abused or who have been abused as children are less
likely to develop a sense of self-esteem. and belonging than those who have
not experienced abuse.
This increased risk of unwanted pregnancy brings many additional problems.
When an unwanted pregnancy occurs, many women try to resolve their
dilemma through abortion. In countries where abortion is illegal, expensive, or
difficult to obtain, women may resort to illegal abortions, sometimes with
deadly consequences.
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 F. Vulnerability to diseases
Compared to non-abused people, people who have experienced any type of
violence are more likely to experience a range of serious health problems.
2. PSYCHOLOGICAL CONSEQUENCES.
a) Suicide
In the case of children and women who are beaten or sexually assaulted,
emotional and physical exhaustion can lead to suicide. These deaths are a
dramatic testament to the shortage of options available to women to escape
violent relationships
b) Mental health problems
Research indicates that abused people experience enormous psychological
suffering due to violence. Many are severely depressed or anxious, while
others show symptoms of post-traumatic stress disorder. They may be
chronically fatigued but unable to fall asleep; they may have nightmares or
eating disorders; resort to alcohol and drugs to disguise your pain; or isolate
and withdraw, without realizing, it seems, that they are getting into other
problems, although less serious, but still harmful.
Effects on the child derived from having witnessed acts of violence.
Research has indicated that children who witness domestic violence often
experience many of the symptoms of children who have been physically or
sexually abused. Girls who witness their father or stepfather treating their
mother violently are also more likely to accept violence as a normal part of
marriage than girls from nonviolent homes. Men who have witnessed the
same violence, on the other hand, are more likely to be violent towards their
female partners as adults.

SOCIAL IMPACT
1. IMPACT ON SOCIETY.
It is vitally important that to establish possible solutions Great attention must be
paid to the problem of domestic violence. to the training of minors who are an
integral part of a family since it is precisely in childhood where all those values are
transmitted through parents that will serve the individual in their future for a proper
adaptation in society, resulting in people capable of respecting the rights of any
human being and therefore the rights of the people who make up their own family,
since it is considered according to sociology that to avoid social problems such as
crime, drug addiction, prostitution, etc., it is necessary to attack them at their roots,
that is, the family being the cell. The main objective of every human group is to
responsibly address their problems and avoid the serious problem of family
violence. Among the impacts received by a society where its inhabitants or
families suffer from violence are the following:
a) Costs aggregates health care
The costs to society of violence are extraordinary, considering health care
alone. A proportion of these costs are to treat serious physical injuries. A

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 substantial amount is also spent on psychological problems such as managing
anxieties and manifestations of violence.
b) Effects on productivity and employment
Those who experience violence may make a lesser contribution to society, as
well as to the realization of their potential. The economic impact of abuse can
extend to a loss of earning potential. This may be partly because girls who are
victims of violence are likely to suffer from anxiety or depression. and being
unable to develop their full capacity in school.
In areas where sexual abuse of female students by teachers is prevalent, girls
may not attend school to escape unwanted attention. In many countries, a girl
who becomes pregnant is expelled from school, regardless of whether the
pregnancy was the result of rape. The consequence, in each case, is an
education diminished, a lower chance of getting a job lucrative and a reduced
contribution to quality of life for your community.
SOCIAL METHODS OF CORRECTION.
There are several methods to correct violence, including:
• Police.
• Police detachments.
• Prisons.
• More violence (they fight violence with more violence)
There should be institutions where people who cannot control their impulses are
treated.

VI UNIT
TENTH WEEK
1st SESSION
22/MAY/2023

THE CRIMINAL-TYPES

Recognize the types of crime. Identify the main role that crime plays in society. Apply
this knowledge through criminological questioning to the legal notion of crime.
THE OFFENDER.

If the offender is the "subject who commits the crime", or what is the same, "active
subject or agent of the crime " , then the crime is the " quality criminal", the
"commission of a crime" or a "set of crimes in general, or referring to a country or
era".

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In turn, a dictionary You can say that crime is "fault, crime or breaking of the law . "
More precisely, it is the " action or voluntary omission, attributable to a person that
infringes the Law, and that is punishable by law".
Master Eduardo García Maynez points out that "the name of crimes is given to
certain actions "antisocial acts prohibited by law, the commission of which entitles the
offender to certain sanctions known under the specific name of penalties".
Regarding crime, an elementary definition states that "crime is the conduct resulting
from the failure of the individual in adapting to the demands of society where he lives."
In turn, Herrero Herrero defines crime as "the social phenomenon constituted by the
set of infractions, against the norms fundamentals of coexistence, produced in a time
and place".

CRIMINALITY

It is the number of crimes or criminal conduct committed by a person or a group of

people in a given space and time.”

“It is the volume or index of criminal acts specific to each reality”

“It is the volume of crimes committed by individuals who transgress the criminal law,
in a given space and time.”

“Criminality is understood to be the set of all punishable actions or omissions within a

certain temporal and spatial scope.”
Since life has existed in society, “Criminality” has existed, therefore, it is an illusion to
believe that this phenomenon can disappear or be suppressed.
Crime will last as long as societies exist, what can be aspired to is to reduce crime or
seek to ensure that criminal behavior causes the least possible damage to individual
and social interests.

Modalities of Crime

Crime adopts the following modalities based on various criteria. Such as:

 Because of its notoriety

 By Number of Participants
 By Agents or Authors
 For your registration

1. Because of its Notoriety

Crime adopts the following modalities:

to. Conventional Crime

Also called Common, it refers to the crimes that the largest number of criminal
legislations contemplate. Example:

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 Patrimonial Crime, with its forms of theft, robbery, fraud. Violent Crimes such
as homicide, injuries, abortion, rape.

b. Unconventional Crime

It covers criminal forms whose classification as crimes in recent years has

been included in the Penal Codes. Example: Computer Crimes or “Cyber
Crimes”.

2. By the Number of Participants

to. Individual Crime

It is the most frequent form of crime, in which a single person carries out the
criminal act.

b. Gang Crime

To commit a crime, several actors come together, who fulfill different roles,
one is the leader or boss and the others are members (perpetrators and
accomplices). Generally gangs specialize in certain crimes that are previously
planned.

c. Organized Crime

For INTERPOL, organized crime is “any association or group of people who

are dedicated to a continuous illicit activity and whose objective is to obtain
benefits, ignoring the existence of national borders.

3. By Agents and Authors

a. Ordinary Crime.- It is carried out by any personnel regardless of their social

or occupational situation.

b. Economic Crime - Committed by people of high social and economic status.

c. Occupational Crime - Committed by people who carry out some professional
activity: Doctors, accountants, lawyers.

d. The Golden Criminality.- Committed by those people who hold political

power.

4. For your Registration

Crime adopts the following modalities:

a. Registered Crime.- Also called “Known”, it is that which is registered (through

a complaint) in the criminal control entities (Public Ministry, Judiciary, Police).

b. Hidden Crime.- These are crimes that occur but are not reported, therefore
they do not appear in the statistics.
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 c. Actual Crime.- Consisting of reported and unreported crimes.

EXPLANATORY THEORIES

1. According to the general theory of César Lombroso

 born criminal
In Lombrosian terminology it has also been called criminal type or congenital
criminal and considered a special anatomical biological type. Like the
individual driven by his own nature to commit a crime, with an irresistible
tendency to commit crime.

 The moral madman

Moral madness is conceived as an entity in which the moral sense would be
altered and intelligence intact or almost intact. The criminal for Lombroso was
a moral madman, but not an insane person (psychotic), since his anomaly
consists of ethical deformation: he lacks mercy, benevolence, respect for other
people's property, modesty, remorse, etc. He does not feel the moral code,
just as color blindness does not perceive certain colors and like many healthy,
intelligent and honest men are devoid of musical sense.

 The latent epileptic criminal

Studying the personality of a prisoner, Lombroso inferred, “criminality is a variety
of epilepsy, in which convulsions are replaced by violent and irresistible
impulses to commit the crime.” It referred to a latent or exclusively psychic
epilepsy (absence of vertigo), of a congenital nature. Epilepsy, according to
Lombroso, in greater or lesser doses was found in all criminals. The criminal
subject was an epileptic because he acted like a savage, with fits of fury,
howling and writhing. Epilepsy was therefore a cause of crime.

 Criminal of passion or impetus

It is the counterpart of the born, they commit their crimes blindly, without
accomplices, without premeditation and they repent, they confess. They are
the only ones who experience true remorse, except in cases where they are
convinced that they have acted in favor of their convictions.

 Mad criminal : alcoholic madman, hysterical madman and semi-madman

They are those whose abnormalities are hypertrophied, especially those
anatomical ones that present innate delinquency. They are delusional
(psychotic) personalities who turn to crime and account for between 5 and
25% of total crime.

 Occasional criminal
Lombroso distinguished pseudocriminals who do not have criminal
anthropological characteristics and criminaloids who have them, but extremely
attenuated. Both commit crimes, mainly due to environmental influences. They
stand out in involuntary (culpable) crimes or those that do not involve personal
perversity.

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2. According to the general theory of Enrique Ferri

 Crazy criminals
He speaks of insane criminals in cases where mentally ill people commit some
of those acts that, when performed by healthy men, are called crimes.

 Born criminals
They were those in which the special characters revealed by Lombroso were
most noticeable.

 Habitual or acquired habit

The anthropological characteristics of the born criminal are presented in a less
clear way.

 Criminals by occasion
These subjects fall into crime, driven by the sting of the temptations offered by
their personal state or the physical and social environment in which they live,
and they do not commit it again if such temptations disappear.

 Criminals by passion
It is a more defined variety than the second-hand ones. They frequently
commit the crime in their youth, under the impulse of a passion that explodes
in anger, crossed love, offended honor, dominated by emotion, before, during
and after the crime.

Workshop: Case Study

WHITE COLLAR CRIME

EDWIN SUTHERLAND in 1940 published an article with the title "white collar crime",
in which he discussed this type of crime.
Within the criminological perspective, Sutherland defined “White Collar” Crime as the
violation of criminal law by a person of respectability and high socioeconomic level, in
the development of their professional activity.
This type of crime has also been called “Economic Crime”.

CHARACTERISTICS OF WHITE COLLAR CRIME

• The high socioeconomic level of the author
• Relationship of the crime with your professional activity
• Image of author's honorability • Abuse of the trust they have in you
• High Level of Impunity.

DESCRIPTIVE ASPECTS OF THE PERSONALITY OF THE CRIMINAL OF

WHITE NECK
• Materialistic
• Dynamic and Bold
• Intelligent
• Hypocrite

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• Absence of feelings of guilt.

VI UNIT
TENTH WEEK
2nd SESSION
24/MAY/2023

CURRENT CRIMINALITY

Current criminology. Organized crime. Types: organized crime and gangs.

ORGANIZED CRIMINALITY

For INTERPOL, organized crime is “any association or group of people who are
dedicated to a continuous illicit activity and whose objective is to obtain benefits,
ignoring the existence of national borders.

Organized crime is that made up of three or more people, who, with continuity over
time, carry out a series of criminal acts.
Definition of the chair
"It is the planned commission of criminal acts committed by more than three people,
who act systematically over a long or indeterminate period of time, which is aimed at
obtaining illicit profits and power, which causes social alarm and citizen insecurity;
committed by organizations crimes at national and international level

Structure of Organized Crime

Any secret society of organized crime is based on the most modern business
management techniques, from the organization, planning and coordination of
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activities, to their execution and control of results. Hierarchy, unity of command,
division of labor, productivity, etc., are concepts handled naturally by organized
crime, its members (capos, lieutenants, advisors, captains, soldiers) have maximum
solidarity among themselves, exactly as happens in any company, in which bosses
and workers work side by side for the common well-being.
Organized crime acts with clearly established business criteria, planning its activities
in accordance with the economic criteria of supply and demand, contemplating the
impact of the investigative and penalizing action of the State, a situation that allows
them to regulate the increase or decrease of prices.
In the same way, they structure their activity with the division of labor and the
specialty of the workforce, that is, the management model of organizations dedicated
to drug trafficking, organized gangs of kidnappers, groups that launder money,
multinational organizations, human trafficking, the trade of inputs for coca
processing, gasoline cartels, counterfeiters, etc.
But in reality, how is crime or organized crime structured? That is, if crime or
organized crime is governed by the same statutes as a company or organization, as
such it must have an organizational chart, policies and functions that each person
directs. of the organization, that is, each person has a role according to their capacity
and function in the organization; Obviously, organized crime or delinquency is
constituted in organizational forms, since there are defined hierarchies - the boss, his
lieutenant, his personal thugs, etc. -, functions and powers in accordance with said
hierarchies, rules for its members, rights and obligations. , methods of action and
forms of operation, quotas, modes of impunity, etc., according to this premise, the
criminal organization, to achieve its goal, will need to be very well structured,
especially because the majority of its operations are illicit and They must be very well
hidden so as not to be discovered; A criminal organization functions as a single body
and the more organized it is, the more its profits, power and empire will extend
throughout a country and transcend its borders.
The structure of any criminal organization is based on its management, financial
administration and operating capacity, that is, its management and administration are
fundamental pillars, the ability to operate is the rail or gear that makes the other two
move. We can say it this way:

1. "Organized crime has a central axis of direction and command, and this
structure operates in a cellular and flexible manner, with permanent ranks of
authority, according to the cell that makes it up;
2. It harbors a permanence in time, beyond the lives of its members;
3. He has a group of hitmen at his service;
4. It tends to corrupt the authorities; (at this point and the previous one there are
two of the known resources for the fulfillment of your objectives), and
5. It operates under a developed principle of division of labor through cells that
only relate to each other through higher commands."

However, we must take into account the above that every criminal organization has a
lucrative purpose, which is to obtain profits through operations of illicit origin; That is
why criminal organizations must have not only personnel and managerial

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administration, but also financial administration with potential, in the financial field, in
order to transfer their profits; product of their illicit activities; to the legal field.
In simple terms, introducing money and its profits obtained in legal operations into the
market, these practices are also known as "money laundering", which is nothing but
the result of the profits obtained from the illegal activity of cartels, as well as of its
complexity as a micro society, regardless of the illicit activities it carries out, for
example, drug trafficking, smuggling, piracy, prostitution, etc.
For them, the organization can range from creating legal and bidding companies, to
purchasing properties, company shares, automobiles, etc. That is why the strongest
and most delicate part of any criminal organization is its Financial Operations
Department, where the criminal organization is based to carry out its lucrative
purpose and obtain the desired profits. Criminal organizations, despite being
criminals, must count with a solid financial structure. Organized crime cannot afford
to neglect its financial department and operations, since without money there is no
organization, without organization there is no power and without power nothing
exists.
A study carried out by the authorities of several countries tells us that a criminal
organization has the following financial structure:

1.- Administrative, accounting and financial management.

2. The establishment and operation of internal communication and information

channels and systems.

3.- The specialization and division of labor (Financial and legal advisors, internal and
external personnel, soldiers, counselors, etc.)

As we can see, the system that counts organized crime is similar to that of private
companies, its structure, like any criminal organization, must be well organized,
mistakes cannot be made and they are well designed to carry out their illicit
purposes, a An organization of this type is not created for the sole purpose of
spending the profits obtained or committing simple crimes, it is to obtain power and
control.
As we have said in advance about this topic, crime or organized crime not only has
its economic structure but also technological and operational, with its technological,
weapons and organizational power it is very important and powerful for its purposes,
together with this, this criminal organization can become a sufficiently powerful
company, even against the same government that on many occasions and even with
its capacity and State power, is often surpassed by these organizations.
Proof of the technology that these organizations have ranges from the production of
drugs with sophisticated laboratories, the introduction of piracy, money laundering,
electronic transfers to other countries, corruption, government people with links to
organized crime, etc. , is helpful to them in large proportions, so not only the structure
is vital, but also technological, always having to be of high quality, even reaching
weapons technology.

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It is therefore a crime that is more "dangerous" than the common one, since it allows
the recruitment of efficient individuals, specialized training, cutting-edge technology,
capacity for "money laundering", access to privileged information, continuity in its
operations and operating capacity that exceeds the possibility of reaction of
government institutions in the existing market. It is also characterized because its
actions are not impulsive, but rather the result of short, medium and long-term
forecasts with the purpose of gaining control over various fields of activities and thus
taming great opportunities for money and real power; His claim is not so much
political power, which interests him more for protection purposes. In extreme cases,
the purpose of organized crime is not to compete with the government but to use it.
In crime or organized crime, it has been possible to facilitate the trade of its illicit
operations because it not only has internal "personnel" of its organization, but also
external, one of the main weapons that has motivated and facilitated said operations
to the organizations. criminals, is the bribery or corruption of individuals who work for
a government institution, that is, public officials in charge of a duty and that organized
crime has controlled and paid one hundred times more than what the public official
would earn in his entire career, previously. These public officials were known in the
1930s as "associates", this can be called the way organized crime operates.
Fundamental Characteristics of Organized Crime

• Structure hierarchy of the organization. (one or two boss, and hierarchy by

seniority). It operates under mafia-like discipline and codes of behavior;
Functional organization (each member has a specific mission).

• Enduring Criminal Association of a Plurality of Persons; Permanence (made up

of a certain number of people, if one is missing they are replaced immediately).
• Internationality. Quick movement nationally and internationally. Use of
international commercial networks (the theft of objects has a European and
global trade, with networks to distribute them). Interrelation with other national
and international organizations (some organizations join others, with benefit for
both, to take advantage of crime).

• Expansion of activities in other geographical areas (they try to integrate criminal

activities in a territory that did not exist before). Taking advantage of the free
market.

• Division of labor (each member has his or her job, and one does not do the
work of another, except for occasions that require immediacy of action).

• Professionalization of its members (especially in crime in the Balkans, they are

usually retired or expelled from their armies, as well as the use of professionals
to open safes, etc.). Recruitment of specialized criminals.

• Illicit end. It acts with the purpose of obtaining, in the form of recurrent social
practices – rooted in the structure of work, at the local, national and international
level – quick profits without prior investment of capital, of illegitimate and illegal
origin, through the appropriation of objects of use. "private" and owned by
others. Illicit purpose for which very high pecuniary benefits are sought (the
constitution of crimes that lead to significant amounts of money).
•
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• On other occasions, resorting to the same practices, goods, products and
services of illegitimate and illegal origin are marketed, with little or no capital
investment.
• Clandestine action. Organized crime acts clandestinely with impunity, protected
– and sometimes also directed and operated – by corrupt authorities, high-level
criminals, specialization and hierarchy, and has the capacity to use force to
achieve its objectives.

With respect to the goods, products and services offered by organized crime, once
they are put into circulation, "their prices are defined by the conditions of the regional
or global market" - called, colloquially, the black market, "the market being , scene of
this organized crime".

• Money Laundering Reinvestment of profits (the old barter, exchange of criminal

actions to benefit from others, for example, it is a gang that steals luxury
vehicles to exchange them for drugs)

• Flexible crime technology and variety in the means of crime, Employment of

sophisticated means and Presence and legal advice in the organization.
• Frequent identity change.

Criminal Activities under the control of Organized Crime :

• Illicit drug trafficking

• Terrorism
• Human Trafficking
• Illegal immigration
• Money Laundering
• Smuggling, Collection and Trafficking of Weapons and Automobiles
• Smuggling and market of works of art and archaeological pieces.
• Ecological crimes such as, such as smuggling of dangerous chemicals, market
for illegally logged precious woods, trafficking of endangered animal species.

MAIN ORGANIZED CRIME GROUPS

The large mafia networks operate in most of the world, known in one way or another,
their activities will always be illicit acts. For this reason, we have made a summary of
the main mafias that exist internationally. We anticipate that it is only a summary of
the mafias and their activities since it would be too long to talk about each one in
particular.

a).- The Russian Mafia.- This organization has more than three million members
distributed in almost 6 thousand gangs in more than thirty countries and its
expansion began after the collapse of the Soviet regime. Its main activities are
trafficking in raw materials, trafficking in weapons and nuclear materials, fraud,
prostitution, drug trafficking, money laundering, black market and various
counterfeits.

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b).- The Japanese Yakuza.- Talking about the Yakuza is talking about the largest
mafia emporium today. Its roots are lost in the dawn of Japanese feudal society.
The boryokudan is divided into more than 3,000 bands and has almost 100,000
members. The Yakuza resumed a code of honor based on obedience to
superiors, fidelity and ultra-nationalism.

Its main activities are prostitution, trafficking of Colombian cocaine to Japan,

gambling, show business, real estate investments, extortion of large companies,
arms trafficking, pornography, money laundering and trafficking of so-called
designer drugs. Five are the main commandments of any Japanese criminal
organization: keep silent about the gang's secrets; respect the family of any
member of your organization; do not steal the boryokudan's money; obey the
mafia bosses and never resort to the authorities, except to bribe them.
Infractions are punishable from demotion to expulsion or death. Another
punishment of the yakuza, very popular in the West thanks to cinema, consists
of the amputation of the phalanx of the little finger. The offender himself must do
it and then offer it to the boss as a sign of amendment. Tattoos are a symbol of
belonging to any mafia group. Its origin is based on the mark made on the arm
of criminals in medieval times. Yakuza organizations are hierarchically
structured. From the apex of the pyramid, occupied by an oyabun, to the base,
made up of the aspiring yakuzas (for months or years they perform tasks typical
of errand boys), there are multiple levels of command. The yakuza are as
ferocious as their Chinese counterparts.

c).- The Chinese Triads.- In Hong Kong there are about 50 triad groups with a total of
300 thousand members. Currently, the "14k" triad remains the most dangerous.
Its headquarters and new generation reserves are on the Kowloon Peninsula in
Walley City. Its presence in the world is in Canada, the United States, Great
Britain, Spain, Paraguay, Germany, France, Myanmar, Malaysia, Australia,
Taiwan, Hong Kong and
Philippines.
The candidate for ordinary member, after being instructed in the origins of Chinese
secret societies and the consequences of betrayal between brothers, must pay
a symbolic fee; take an oath of fidelity and sip a mouthful of the blood previously
poured into a bowl by himself and the rest of the initiates on the same day.

d).- African Connection.- North American drug trafficking began in 1980 with the so-
called Nigerian connection. Nigerian syndicates currently smuggle drugs
between Asia and Africa, using false documents such as British, French and
Dutch passports. Brazil is the preferred country for West Africans to ship
cocaine to Africa.
Ports in East and Southern Africa are used to transship cannabis resin from
Asia to Europe or North America.

GANG CRIMINALITY

To commit a crime, several actors come together, who fulfill different roles, one is
the leader or boss and the others are members (perpetrators and accomplices).
Generally gangs specialize in certain crimes that are previously planned.
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The “Peruanos” gangs, dedicated to assaulting trucks in rest areas.

The “South American” gangs, usually Colombians, Nicaraguans..., dedicated to

jewelry store robberies.

In many cases, organized gangs of gypsies are increasingly engaging in drug

distribution, counterfeiting and robbery.

VII UNIT
ELEVENTH WEEK
1st SESSION
29/MAY/2023

VICTIMOLOGY

Victimology. The victim. Genesis victim. Types of victim: direct and indirect.
Primary, secondary and tertiary victimization.

INTRODUCTION

Victimology is the study of the causes why certain people are victims of a crime and
how lifestyle entails a greater or lesser probability that a given person will be a victim
of it.

The field of victimology includes or may include, depending on the different authors, a
large number of disciplines or subjects, such as: sociology , psychology , criminal law
and criminology .

Victimology is a science that scientifically studies the victim and their role in the
criminal act.

The study of victims is multidisciplinary and does not refer only to victims of a crime,
but also to those who are victims of accidents. ( traffic ) , natural disasters , war
crimes and abuse of power. Professionals related to victimology can be scientists,
legal , social or political operators .

The study of victims can be carried out from the perspective of a particular victim or
from an epistemological point of view, analyzing the causes by which groups of
individuals are more or less likely to be affected.

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The study of victimology is not limited only to the victim, so three levels must be
analyzed:

The first is called individual, whose object of study is the victim, his personality and
characteristics. The second level is behavioral, in which the isolated behavior of the
victim is studied in relation to criminal behavior. Finally, there is the third level, called
general, in which the victim phenomenon must be studied, as a sum of victims and
victimizations.

Starting in the eighties of the 20th century, and as a consequence of the World
Victimology Symposiums, the nascent discipline emancipated itself from the mere
penal emphasis, and began to advocate for the rights of victims from a constitutional
perspective, which implies put more emphasis on macro victimization events, that is,
events in which large groups are victimized.

There is talk of macro victimizations due to abuse of power, something that Benjamín
Mendelshon had already outlined, and it begins to acquire disciplinary autonomy to
stop being an appendix of criminal law and criminology, which is where the
victimodogmatic reflection and the issue of the rights of victims within the criminal
process.

Definitions of Victimology .
A series of definitions of Victimology will be presented below. • Discipline that is part
of Criminology that studies the victim, their biological, psychological, moral, social
and cultural characteristics, their relationship with the offender and the role assumed
in the genesis of the crime, with the purpose of preventing future criminal behavior
and attending to the victims of crime.
(Victimology. In http://www.
marisolcollazos.es/Victimología/VictimologíaIntroduccion.html.)
• It is the study of the causes why certain people are victims of a crime and how
lifestyle leads to a greater or lesser probability of a certain person being a victim
of a crime. (Victimology. At http://es.wikipedia.org/wiki/).
• It is a science that scientifically studies the victim and their role in the criminal
act. (Victimology. At http://es.wikipedia.org/wiki/ ) .

• Victimology is a criminological discipline that studies the role that the victim plays
in relation to the crime and the consequences that the crime causes in the
victims.

Principles and purposes of Victimology .

Among the purposes pursued by Victimology, there are the following:
• Victimology promotes a scientific study of the victim from the etiology of the
crime, and is a study that transcends the problem of the economic treatment of
victims.

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• What victimology aims to do is to develop, through the in-depth study of the
victim, a series of common rules and principles, which represent an advance and
evolution of criminological sciences in particular, and legal sciences in general,
thus allowing an understanding of what the criminal phenomenon, the
criminogenic dynamics and also the personality of the criminal from the point of
view of the victim.
• Victimology must develop a detailed analysis of the role that the victim plays in
triggering the criminal act.
• Analyze possible models regarding legal, psychological and therapeutic
assistance to victims.
• It should investigate sectoral fears of victimization.
• It must examine actual crime from victim reports of unprosecuted crimes,
through victimization surveys.
• The importance of the attitude towards the victim must also be highlighted when
conceiving the penalty for the crime. • Victim compensation systems should be
studied and legal approval should also be sought.

VICTIM

Those people who, individually or collectively, have suffered physical or mental harm,
financial or property loss, or impairment of their fundamental rights such as person , all
of this regardless of whether or not Justice judges the offender or the relationship
between victim and aggressor. ( Criminology. At
http://html.rincondelvago.com/criminologia_6.html ) .
A victim is a human being suffering from an accidental traumatic event or harm
caused by other be human. (Victimology. At
http://asociacionvascadecriminologos.wordpress.com/victimologia/ ) .
Components:
According to the above, the victim presents two components, namely: a).-
Component aim .
A victim is any person who has suffered directly or indirectly (in the case of close
family members) a traumatic event caused by an accident, a natural disaster or
human aggression, regardless of whether it has been formally declared a crime
by the Justice Department. . (Victimology. At
http://asociacionvascadecriminologos.wordpress.com/victimologia/).
b).- Subjective component.
A victim is the person who, in function of the traumatic event, you experience
negative interference in your daily life (severe emotional reactions, inability to
rebuild your life, difficulties establishing Projects future, etc.). (Victimology. At
http://asociacionvascadecriminologos.wordpress.com/victimologia/).

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The person offended by the crime is considered a victim. Just as it can also be said
that it is that person who has suffered the impairment of their essential rights that
emanate from the Human nature .
(At http://www. monografias. com/trabajos12/prope/prope.shtml)

Types of victims

a).- Direct victims:

What usually generates psychological damage is usually the threat to one's own
life, a serious physical injury, and the perception of the damage as intentional.

The psychological damage generated is usually greater if the consequences of

the criminal act are multiple, as occurs, for example, in the case of a kidnapping
ended with the payment of a large ransom by the victim's family or in the survivor
of a crime. accident that he can no longer practice his profession.

b).- Indirect victims:

The traumatic event can be compared to a stone thrown into a pond. Thus, it
causes waves that not only affect the victims themselves, but also those who are
close to them. This is a ripple effect and a contagion effect.

The shock wave of a traumatic event acts in concentric circles. In the first circle
are the direct victims. The second circle is made up of family members, who
have to face the pain of their loved ones and readjust to the new situation. And
there may be a third circle, corresponding to co-workers, neighbors or, in
general, members of the community, who may be affected by fear and
helplessness in the face of future events.

The contagion effect is related to living with the victim. Close and prolonged
contact with a person who has suffered a serious trauma can act as a chronic
stressor on the family member, to the point that it can be responsible for physical
and psychological deterioration. The impact on people who are in close contact
with the victim and who may experience emotional disorders and be secondary
victims of the trauma is called secondary traumatization.

VICTIMOGENESIS
Criminological discipline that studies the role that the victim plays in relation to the
crime and the consequences that the crime causes on the victims.
Studies the factors that predispose certain individuals to have more risks than others
from being the target of crimes. The behavior of the victim that could be related to an
increase in the risk to be. (Criminology. At http://html.rincondelvago. Com/
criminologia_6.html).
Victimgenesis - is the set of factors that predispose certain individuals to become
victims.
Risk factors (predisposed, potential or latent victim): a)
Situational.
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b) Biological: race, age, sex.
c) Biographical. Psychiatric history.
d) Socio-economic
e) Dependent on the perception of the capacity for revenge.
f) Relating to personality (lifestyle).
g) Inherent in an abusive family environment.

Both psychological and situational vulnerability factors (vulnerable victim): they

acquire a special meaning by acting as modulators between the criminal act and the
emerging psychological damage.
For this reason, it is estimated that the bio-psycho-socio-economic factors of
vulnerability must be assessed expertly, emancipating them in the so-called
" personality prior", or other causes.
In the genesis of post-traumatic disorders, the traits of the personality They will interact
vector-wise with the intensity of the traumatizing event (whether due to its extreme
condition or the symbolic load placed on it), as well as axially with other life
circumstances (situational vulnerability factors).
Among the vulnerability factors, we find:
a) Those inherent to generalized vulnerability.
b) The biological ones: critical age, sex, sensitization of the nervous system, etc.
c) Those related to personality, such as: hyperesthesia-sensitivity;
hypertemiaexpansivity; impulsivity-instability; naivety- dependence; intellectual
level; anxiety; ego control.
d) The social ones: economic, work, informal social support, roles, networks and
ability.
e) The biographical ones: previous victimization; complex victimization; psychiatric
history, etc. ( www.patronato - liberados.org.ar/.../P SICOLOGIA_ FORENSE.
doc).

What is a traumatic event?

It is an event that causes serious physical or mental damage and is intentionally
caused by another human being. Examples: terrorist attacks, sexual assaults, abuse
or sexual abuse in the childhood , intimate partner violence, etc. The breakup of an
unwanted couple is not a traumatic event, death of a loved one for a death natural,
failing an exam, imposed retirement, etc. (Victimology. At
http://asociacionvascadecriminologos.wordpress.com/victimologia/).
It is also defined as an event or series of events, which causes reactions of stress
moderate to severe. Traumatic events are characterized by a feeling of horror,
helplessness, serious injury, or threat of serious injury or death. These events affect
both survivors and rescuers and the victim's friends and family, in addition to
affecting those who suffered an injury or loss and people who witnessed the event,
either directly or by accident. television . Stress reactions that occur immediately after
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a traumatic event are very common, however most of them resolve within ten days.
Common responses to a traumatic event include the following:
• Emotional : shock, numbness, feeling overwhelmed, depression, feeling lost, fear
of possible harm to self or loved ones, feeling nothing, feeling abandoned,
uncertainty about feelings, volatile emotions.
• Cognitive: lack of concentration, confusion, disorientation, indecision, short
attention span, memory loss, unwanted memories, difficulty making decisions.
• Behavior : distrust, irritability, arguing with friends and loved ones, withdrawal
symptoms, excessive silence, altered mood, increased or lost appetite, change in
sexual desire or loss of appetite, increased smoking, increased substance use or
abuse.
• Physical: nausea, lightheadedness, dizziness, gastrointestinal problems,
accelerated heart rate, tremors, headache, teeth grinding, fatigue, sleep
disorders, pain, hyper excitement, nervousness.( http://www.compumedicina .
com/emerg/emerg_010408.htm).

LEVELS OR CONSEQUENCES OF VICTIMIZATION

According to Landrove, depending on the nature of the crime, the personality of each
of the passive subjects and a wide range of concurrent circumstances, very different
consequences of the criminal offense arise for the victim.

In this regard, a distinction is usually made between primary, secondary and tertiary
victimization.

A.- Primary Victimization

It is one directed against the person or the individual particular. (Victimology. At

http://victimologia.blogspot.com/).
The passive subject victim of a crime has an experience staff which entails
physical and psychological consequences (anxiety, anguish, despondency, fear
of recurrence, guilt , etc.), of an economic nature and those related to their social
environment. (Criminology. At
http://html.rincondelvago.com/criminologia_6.html).
It consists of the effect of suffering, directly or indirectly, harm due to criminal
acts, deviant conduct, accidents accidents, violent events or natural disasters.
(The victim. At http://www.cartujo.org/pag (a32).htm).
Process by which a person suffers, directly or indirectly, physical or psychological
damage derived from a criminal act or traumatic event. (
http://www.nunezdearco.com/victimologia.htm ) .

Primary victimization is an individual, direct experience of the victim in the crime,

this experience will entail various consequences for the victim, physical, mental,
economic, social, etc.

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 After the commission of the crime, the damage that the victim may suffer may not
only be physical damage, but also a severe psychological impact. After an attack,
the victim feels helpless with fear that the attack will be repeated (anxiety,
anguish or despondency), and even feelings of guilt in relation to the events.

Society's response is not always supportive, at best compassion.

B.- Secondary Victimization

Those cases in which the victim has to remember the events by virtue of which
he or she has been victimized. Normally this secondary victimization occurs
before the administration of justice, the bodies and forces of security … for
example; when he has to tell what has happened. (Victimology. At
http://victimologia.blogspot.com/).
It encompasses the relationship and personal experience of the victim with the
police and judicial system. (Criminology. At
http://html.rincondelvago.com/criminologia_6.html ) .
It is not the victim-aggressor relationship, but the victim's relationship with the
criminal legal system.
This represents a second experience, which can be more cruel than primary
victimization, because the victim's contact with the administration of justice
awakens feelings of a varied nature (wasting time, wasting money, being
misunderstood, not being listened to... .). On many occasions, victims have the
feeling of becoming the accused (rape crimes). (Victimology. At
http://asociacionvascadecriminologos.wordpress.com/victimologia/ ) .
Secondary victimization is more pernicious than primary victimization; it is the
system itself that victimizes those who request help, justice, and protection.
The secondary victim is fundamentally born from the necessary intersection
between a subject and the complex legal-penal apparatus of the State.
"Consequently, secondary victimization is considered even more negative than
primary victimization because it is the system itself that victimizes those who turn
to it asking for justice and because it affects the prestige of the system itself.
( http://www.nunezdearco.com/victimologia.htm ) .
Secondary victimization is conceptualized as the process derived from the
"mistreatment" to which the victim is subjected by the Legal System, is produced
by the enhancement of the impact of the original crime as a result of the action of
the law enforcement agencies. Control Formal Social. It is constituted by the
harm that the victim of a crime experiences as a consequence of his or her
interaction with the judicial system (police, prosecutors, judges, lawyers, etc.).
For your better understanding, let us give a common example in the Courts: a
women The victim of rape is subjected to interrogation by the defense of her
offender and the questions of the lawyer in compliance with his guarantor
function, tend to distort the intervention of that woman in the crime, which the
defender is trying to demonstrate; that the rape occurred as a result of a
provocative act or sexual arousal by that woman. Added to the damage originally
caused by the offender is the defender's questioning, which unfailingly harms the
victim, covering them with shame and generating the consequent rejection of this

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 person towards that legal process in which justice is supposedly being done to
their case.
( http://derecho.sociales.uclv.edu.cu/Victima.htm ) .

In countries like the USA, Canada and Spain, compensation for personal injuries
is compatible with any other type of compensation that the victims had. The
holders of the right to compensation: in the case of injuries, the person or
persons who have suffered those injuries, in the case of death, the spouse who
is not legally separated and the children, provided they are economically
dependent on the deceased, the parents of the deceased person, when they
were dependent. economically from this, grandchildren, brothers, grandparents.
If none of these people exist, the children and parents who do not depend on him
financially.

C.- Tertiary Victimization

Basically it is victimization, before or after the criminal illegal act, committed by

the offender himself.
It is a victimization of the offender, sometimes the offender can become an
institutional victim, in certain situations he or she can be considered a victim of
unjust structures, circumstances that will lead to the commission of the crime.
This social marginalization is due to the interest of certain dominant groups, who
thus want to continue with that privileged position. It is with these criminals that
the state will use all its force.

When talking about tertiary victimization, one can think that a first victimization
occurs due to these unjust structures, but once one enters the prison,
penitentiary victimization occurs, it occurs fundamentally due to overcrowding
and overpopulation of penitentiary centers.

To the clear criminogenic factor of prison, we should add that it is also a clear
victimizing factor. By sentencing an individual, you condemn him not only to
deprivation of liberty, but you also condemn him to his own victimization.

Prison victimization stands out for its cruelty, humiliating treatment, labor
difficulties, the consequence is idleness – the inmate has too much time
dedicated to inactivity. But there are also sexual assaults... Law of terror and Law
of silence, existence of prison mafias, drug circulation... Given this situation, it is
not surprising that the inmate resorts to suicide or assumptions of anorexia.
There is a loss of interest, of initiative, of any value. It is not surprising that
individuals are willing to kill, in this situation there is a responsibility of the
administration.

Penitentiary legislation says that the administration must ensure the life and
physical integrity of inmates.

In the purely sexual aspect, aggression does not imply the release of sexual
tensions, sexual aggression is nothing more than the conquest and degradation
of the person. The introduction of intimate visits can only minimize the sexual
problem, but not eliminate it.
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Guys:
1.- Police victimization: They can be torture, ill-treatment or humiliation suffered by
criminals in totalitarian regimes and even in democratic ones (in certain, rare and
specific circumstances).
2.- Prison victimization: humiliating treatment, sexual assaults, violence, intimidation,
various abuses, etc.
3.- Post-penitentiary victimization: Due to the rejection of society to those who have
served their sentences and for the maintenance of the grid of relationships
maintained in prison. (The victim. At http://www.cartujo.org/pag(a32).htm).
It refers to the set of costs of the penalty both on the person who bears it
personally and on third parties. And tertiary victimization comes, mainly, from the
subsequent behavior of the same victim; Sometimes, it emerges as a result of
experiences and processes of ascription and labeling, as a consequence or
"added value" of the preceding primary and secondary victimizations. And it is
also said tertiary victimization: that directed against community in general, that
is, against the population total.
It is also called the effects suffered by the family and friends of the victims. (
http://www.nunezdearco.com/victimologia.htm ) .

Macro victimization and micro victimization

1. Macro victimization
It occurs when an undetermined number of people suffer the consequences or
damages of various kinds, originating from mass crime, that is, victims derivatives
of a massification of violence .

Modern criminal legislation, in the special part of the Codes, essentially

criminalizes crimes of diffuse-collective victims (mass crimes). Protection is sought
or guardianship of estate indeterminate and universal legal rights, among which the
following stand out:
• Public health.
• Public order.
• Good manners.
• Environment.
• Consumer rights.
• IT or electronic field.
In synthesis Macro victimization is that where an indeterminate set of victims has
suffered injuries to a large extent. scale or magnitude.
2. Micro victimization
It is the one where the damage has materialized in individual legal assets and not
in collective or diffuse ones.

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 A very typical example of this type of victimization occurs in the field of domestic
violence, where the cycle of damage is generated in a certain number of people
such as spouses, children and other close relatives.

Workshop: Video or film projection related to the curricular contents. Analysis

and debate.

VII UNIT
ELEVENTH WEEK
2nd. SESSION
01/JUN/2023

PRESENTATION OF APPLICABLE WORKS TO TEACHERS (TAI AND TC), FOR

REVIEW AND APPROVAL.

THE VICTIM IN THE CRIMINAL PROCEDURE

The victim in the criminal process. The victim in criminal execution.

INTRODUCTION
The victim in the criminal process.
The criminal process should not only be oriented towards the punitive sanction of the
crime, but should also seek to resolve the conflict. in the victim, who is evidently
abandoned by the system penal; The aforementioned conflict has been expropriated
for various reasons, among them due to the way in which the criminal process is
developed, the search for formal truth and the topical search for justice.
The State, through the Public Ministry, becomes owner of the action public penal
institution, is in charge of proving the crime, attaching evidence suitable, carrying out
an exhaustive investigation of the facts and requesting the appropriate sanction for
the offender and as a requirement of form, rather than substance, requests civil
reparation, of which it does not carry out any analysis, does not take into account the
real magnitude of the damage caused to the victim of the crime.
The State, as the supreme entity and protector of the citizen, must ensure
compensation for the damage suffered by the victim individually and not only the
damage to society, based on the unjust principle that public interest takes
precedence over private interest.
Unfortunately and despite the Reform of the Procedural Code, in Peru, progress
regarding the position of the victim has been minimal, which is why we consider that
there are many things that can and should be changed.

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In that sense, the 2005 Criminal Procedure Code constitutes an improvement in the
treatment of this figure since it aims for the victim to achieve greater participation in
the criminal process and not be satisfied with waiting only for civil reparation.

Position of the victim in the new Criminal Procedure Code

The lack of attention to the interests of the victim has occurred not only in the field of
material criminal law, but also in the field of formal criminal law, which has privileged
respect to the rights of the accused to the detriment of the victim. The most obvious
confirmation of this situation is observed in the system of guarantees of the criminal
process, built fundamentally based on to the interests of the accused. ALFARO
REYNA, Luis M. Op. Cit. p. 148.
Traditionally, the legitimacy of the victim's procedural intervention in the criminal
process was limited only to the civil object of the process, denying her any
intervention in relation to the criminal object of the process. However, currently, the
procedural legitimacy of the victim with respect to the criminal object of the process is
being recognized. REYNA ALFARO, Luis M. Op. Cit. p. 153.

To this extent, granting victims of crime legitimacy in relation to the criminal purpose
of the process is a consequence of what the jurisprudential doctrine on the matter of
human rights has been called "the right to the truth", which implies the right of the
victim's relatives to know what their fate was and, where appropriate, where their
remains are located. REYNA ALFARO, Luis M. Op. Cit. p. 153.
As the Constitutional Court has pointed out; The legitimization of the victim in relation
to the criminal object of the criminal process can also be found by resorting to the
right to effective jurisdictional protection. In effect, if the victim has expectations of a
compensatory nature (civil reparation) in the criminal process, the only way to
achieve them is to have responsibility determined judicially. criminal of the accused.
REYNA ALFARO, Luis M. Op. Cit. p. 154.
From that perspective, it is absolutely coherent to grant the victim civil legitimacy -
that is, the civil party -, for example, legitimacy to provide evidence. or to intervene at
a criminal precautionary level (measures restricting freedom) . In relation to the first
(legitimation to provide evidence), it is logical to deduce that the lack of a minimum
evidentiary activity of the charge necessarily results - by the rule of the principle of
presumption of innocence - in the declaration of non-criminal responsibility, which
produces fraud. of compensatory expectations. Regarding the second (legitimation in
the criminal field), we have that the prohibition of criminal conviction in absence
conditions the victim's expectations of compensation to the effective subjection to the
process of the accused, it will be possible for him to obtain the compensation he
seeks.
Currently, an interesting trend is being observed to provide the victim with an
increasingly important role within the criminal process, with a tendency to increase
from the (possible) entry into force of the Criminal Procedure Code of 2004, due to
the marked adversary imprint to the one he himself possesses. REYNA ALFARO,
Luis M. Op. Cit. p. 157.

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 To this extent, it constitutes a great paradox that, despite the fact that the victim is the
main collaborator of criminal justice, he has only a marginal role in the criminal
process, limiting himself to being a mere witness, even receiving the label of quasi-
witness or medium. test with duties, but without rights.
Regarding the victim, we find that, within the new procedural order, the following falls
within this definition:
• The victim or direct passive subject of the crime
• The civil actor or the intervening person who is harmed by the crime because
according to the law he is entitled to request compensation. In crimes that result in
death of the aggrieved party, those established in the succession order provided
for in article 816 of the Civil Code will have such status .
• The private complainant or the injured party in crimes of private exercise of
criminal action.
• Associations in crimes that affect collective or diffuse interests, whose ownership
injures an undetermined number of people, or in crimes included as international
crimes in International Treaties approved or ratified by Peru, which may exercise
the rights and powers attributed to people directly offended by the crime.

The position of the victim in criminal execution

The victim in Peru has the role of adhesive accuser. It can only be part of the process
after the opening order is issued and can challenge its reparatory claims as
appropriate.
The victim is not recognized as having the right to autonomously pursue the offender;
he or she can participate in the process to the extent that it is useful to defend his or
her civil rights; However, this can also be proposed by the prosecutor. Therefore,
rather than playing the role of adhesive accuser, the victim is a simple subsidiary
petitioner.
The opening order is not notified to the injured party, only a notification is sent
summoning him to give his preventive statement.
The injured party cannot be forced to testify, but this does not mean that all diligence
can be dispensed with in the care of the information provided to them on these
aspects. In the case of compensation, the Prosecutor can claim it in favor of the
injured party without it having been considered until now that the reparation
agreement entered into by the latter, or his refusal to become a party to the process,
should inhibit him from ruling on such issues.
In the face of injured parties who request to become parties to the process, our
jurisprudence has systematically refused to admit any criterion other than that which
makes the legitimacy of the injured party depend on their status as the owner of the
legal asset whose injury is disputed.
Victims of an official crime of persecution can assert their claim in criminal
proceedings only if the act injures personal legal assets, provided that they are not
affected in the subsumption trial by special figures of a collective entity. If the
collective injustice prevails, the injured parties will not be able to assert any claim.

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Victim assistance and compensation

In this area it must be noted that the victim must also be assisted and/or
compensated or compensated for their problems or needs that are a consequence of
the fact of having been victimized.

In other words, we believe that the rights of the victim are more imperative than the
rights of prisoners or inmates, who are the ones that have gained the greatest
importance and protection, and for which the State allocates a budget, while the
victim, in paradoxically, it remains abandoned.

In this regard, it must be taken into account that the needs of victims, resulting from a
criminal act, are complex. From economic, emotional, physical health care and social
and work problems.

Likewise, there are indirect victims, such as orphaned children due to homicide to the
detriment of their ancestors, or also helpless parents who depended on the victim,
among other cases and that society should not neglect.

On this point, the following alternatives have been developed:

Restitution or Reparation at the expense of the Victim

 Compensation by the State
 Assistance through the Social Security System ✓ Private Assistance or through
Insurance.

Programs to assist victims:

 Reparation at the expense of the offender.

This program consists of the offender compensating the victim, either with money
or with the provision of services. It basically consists of the offender doing work
for the victim. (Although it does not seem to be the most appropriate program for
all types of crimes, it is particularly indicated for juvenile offenders).

Benefits of this program: • It allows the aggressor to be aware of the

damage he has caused.

• Sometimes the victim will be more satisfied since they will be able to verify that
the damage is actually repaired.
• It is a much more economical system for the State.

 Immediate assistance programs.

They are shock programs and what they try to alleviate are the immediate effects
of violent crime. This assistance is normally provided in crisis centers, state or
private. Help is provided, medical, legal advice, financial aid and sometimes
accommodation.

 Victim compensation programs.

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 They are programs that are financed with public funds and basically consist of
monetary benefits, attempting in some way to alleviate the damage caused by
crime. A series of requirements must be met for these benefits to be granted.
• That the victim is innocent.
• The victim's cooperation with the criminal system is required.
• Help is expressly requested.
• They must

VIII UNIT
TWELFTH WEEK
05/JUN TO 10/JUN/2023

SECOND PARTIAL EXAM (EP2)

VIII UNIT
THIRTEENTH WEEK
1st. SESSION
12/JUN/2023

SOCIAL CONTROL OF CRIME

The social control of crime. Social prevention and crime prevention. Generic
prevention. Special prevention.

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The Social Control of Crime

GARCIA PABLOS DE MOLINA, in his Book “Treatise of Criminology”, says that the
concept of social control is imprecise. It is a neutral, descriptive sociological concept
that refers to certain social processes that require the conformity of the individual,
subjecting him to the guidelines, models and requirements of the group; Cohesion,
discipline, integration are, therefore, terms that describe the final objective pursued
by the group, society, to ensure its continuity in the face of irregular or deviant
individual behavior.

MUNN defines social control as a process consisting of the set of procedures by

which a society, a group or a personal leader pressures the adoption or maintenance
of external or internal behavior patterns and values considered necessary or
convenient. Social control respects the socialization process and tends to maintain
the cohesion of the group and social order.

GARRIDO GUZMAN, in his Book “Concept and scope of Criminology, Historical

evolution and relations with Criminal Law”, considers social control to be the set of
institutions, strategies and social sanctions that aim to promote and guarantee the
subjection of the individual to the models and community standards. For this author,
society exercises a whole series of mechanisms on the individuals that make it up in
order to ensure that they conform and act in accordance with the rules.

HERRERO HERRERO, in his Book “Criminology. General and Special Part”,

referring to KAISER, difference between social control and crime control, which will
be a specific control within social control, considering that both one and the other are
essential for social cohesion, for the stability and survival of any human community.

On the other hand, the generality of the doctrine differentiates, in turn, between
formal social control and informal social control. Following GARRIDO-
STANGELANDREDONDO, informal social control is that carried out by any person
who acts at a given moment against crime, without crime control being their
professional activity. It will be here that one's own family, friends, school, and public
opinion will unfold.
Meanwhile, formal social control will be exercised by those people who are entrusted
with surveillance, security or control as professional activities. It will therefore be the
one that is exercised through the Police, the Administration of Justice, the
Penitentiary Administration, etc.

For GARRIDO-STANGELAND-REDONDO, formal and informal controls do not act

independently but tend to overlap, concluding, in any case, that informal social
control is more effective against crime than formal control, questioning that the
allocation of resources is correct when it is confirmed by studies that prevention is
more effective than repression, and that informal social control is also more effective
than formal social control in the fight against crime.

GARRIDO GUZMAN believes that society initially intends for the subject to conform
to the transmitted behavioral patterns, exercising informal social control over him
through the aforementioned agents, and only in the event that the subject does not
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respect those norms and violate the means of informal social control, formal social
control comes into play, in a coercive way, through the imposition of sanctions. For
this author, achieving success in crime prevention will not be achieved by tightening
formal control but by a more harmonious integration or synchronization of formal
social control and informal social control.

Modern Criminology is also concerned with the social control of crime. It might be
thought that this means only an expansion of its object, in comparison with the
centers of interest of traditional Criminology, focused on crime and the criminal,
however, this opening to the theory of social control represents an important
methodological shift. . This is a new contribution to Criminology and has its origins
in Sociology.

The concept of social control represents a change of focus in Criminology, having

moved from an etiological paradigm to a control paradigm.

The etiological paradigm focused its interest on the cause of criminal behavior,
asking the reason for a crime. However, Criminology dominated by the control
paradigm focuses its interest on the moment after the crime, fundamentally on the
system's reaction to the crime.

It therefore represents a change of approach, because if in the beginning we started

from the reason for the crime, giving various answers, in current Criminology the
cause is not so important but rather the response that society gives to the crime.

This is evident in the fact that the impact of the system on crime is so important that,
if crime were not appreciated or punished by Society, crime would not exist.

Social control can be defined as the mechanisms or strategies that society deploys
so that the individuals that make up it comply with the rules by submitting to the
established order. Social control, therefore, encompasses all the mechanisms
available to society to ensure that the individual abides by the rules.

There are subtle or diffuse social control mechanisms. These are those groups that
contribute to the socialization process. It is also known as Informal Social Control.
For example, the family, educators, public opinion, etc.

There are also formal social control mechanisms. Thus, when subtle mechanisms
fail, formal social control mechanisms come into operation.

They are created ex-procedure to pursue and punish the offender. They therefore try
to stop those behaviors that violate the rules. For example, the Police, the Judicial
System, Penitentiary Institutions, etc. Within formal social control is criminal social
control, which is a subtype, and of all of them the most energetic, because it is
intended for the most serious infractions and because it imposes the most serious
sanctions, since they can limit fundamental rights such as freedom. .

For all these reasons, current Criminology places emphasis on how the system
reacts to a crime, and fundamentally when a custodial sentence is imposed.

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All of this because stigmatization occurs, with society attributing the role of criminal to
the person who commits a crime, which causes him to assume said role as his own,
even when he returns to society after having served the sentence imposed.

Social Crime Prevention

Preventing literally means to foresee, to have the vision to anticipate the outcome of
a situation that begins to emerge and gives us its first signs or formative elements.

Social prevention, as its name indicates, is not an individual preventive action, it is a

measure or a set of measures that are taken collectively to avoid or inhibit the
formation - - of problems that affect the healthy development of a community.

Socially preventing the emergence of forms of crime implies that the State takes joint
actions with civil society; That is, it is a direct responsibility of the State to prevent the
emergence of crimes, but the measures should not be taken without citizen
participation.
The assertion that the State is directly responsible for preventing crime lies in the fact
that the State represents (or should represent) popular sovereignty. Furthermore,
there is no democratic or dictatorial State that can be sustained without the economic
contribution of its citizens.

The State has more than one way to combat crime, however the only one that
includes citizen participation is social prevention.

Citizen participation in preventive policies is necessary to monitor and demand

accountability from authorities at all levels of government.

General or Generic Prevention

The theory of general prevention conceives punishment as a means of preventing

crimes in society.
The Law can have two effects in society: An intimidating effect (general negative
prevention); o An integrative effect (general positive prevention).

Intimidatory prevention conceives society as a collection of criminals and punishment

as a threat to citizens.

But the modern concept of general prevention has been introduced by Feurbach with
his theory of psychological coercion. This theory seeks to inhibit certain behaviors
considered criminal.

Punishment operates as psychological coercion in the abstract moment of legal

incrimination. The execution of the sentence must confirm the seriousness of the
legal threat.

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So the punishment does not always correspond to the harm suffered by the victim. It
is proportional to the evil threatened; the more serious the evil threatened, the more
serious the intimidating effect will be.

A doctrinal current maintains that general prevention does not only mean positive
intimidation of Criminal Law, but respect for the law.

While intimidatory prevention is also called negative prevention, the confirmation

aspect of Criminal Law is called general positive or integrative prevention.

Positive general prevention must be understood as a way to limit the purely

intimidating effect of general prevention.

The theory of general prevention is criticizable from an empirical point of view

because it has not been demonstrated that it can prevent crime due to the fear that
punishment can instill.

It is also criticizable because it is incompatible with the dignity of the person. It is

unethical to punish a person for what others may do, to use them as an example for
others. The person is not a means to an end. The person is an end in himself.

Special Prevention

Unlike general prevention that uses the community as a subject, special prevention
tends to prevent the crimes of a specific person.

For this reason, special prevention operates at the time of the execution of the
sentence and not at the legal injunction like special prevention.

The basis of the sentence is to prevent the offender from committing crimes again in
the future.

The main trends in special prevention have been:

• The positive school in Italy; and

• The von Liszt School in Germany.

In Italy, the Positive School has changed the image promoted in the system of
Criminal Law and Criminology because it has placed the criminal at the center of
attention. Its main representatives are Lombroso, Ferri and Garófalo, who have made
a complete study of crime as a natural and social fact and have concluded that the
criminal is like a sick person or social misfit, because the criminal has no
responsibility, the punishment is ineffective, reason why it must be replaced with
safety measures.

In Germany, the Sociological School led by Franz von Liszt has established that the
purpose of punishment is to investigate according to the different categories of
criminals and not uniformly for any perpetrator.

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Von Liszt in his Marburg Program has made a Political-Criminal program:

• For the occasional criminal, the penalty constitutes a reminder that inhibits
further crimes;
• For the non-occasional but correctable offender, correction and resocialization
must be pursued through an adequate execution of the sentence;
• For the incorrigible habitual offender the sentence can be life.
• But special prevention theories that seem to have found very good solutions for
criminals do not explain the basis of punishment either.

Special prevention alone cannot justify recourse to punishment:

o In some situations, punishment would not be necessary for special prevention

because primary and occasional offenders do not show any danger of
reoffending. For example: Crimes committed with guilt;

o In other cases, resocialization cannot be done using punishment because the

habitual offender sometimes cannot be resocialized;

o In other cases, resocialization may not be legal, for example: Criminals due to
political conviction, terrorists, with whom persuasion should not be attempted by
force of treatment, because in a democratic State resocialization should not be
obtained against the will of the offender.

VIII UNIT
THIRTEENTH WEEK
2nd SESSION
14/JUN/2023

THE REPRESSION

The repression. Legislative repression. Police repression. Judicial repression.

Penitentiary repression.
Social reaction mechanisms. Decriminalization, Decriminalization, Dejudicialization
and Deprisonization.

The Suppression of Crime

The repression of crime, through effective and exemplary punishment, is essential in

the context of a public policy oriented towards preserving public order and social

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peace, since it reprimands antisocial behavior and deters potential criminals from
choosing the path of crime and the violence.

However, the repression of crime is insufficient to achieve social control and resolve
all conflicts. To this end, a strategy oriented toward risk management with community
participation is required. That is, a crime prevention strategy that anticipates the
conditions conducive to violent action and contains the criminal impulse.

Within the framework of the execution of a comprehensive criminal policy, public

policies must be formulated and executed that solve the problems that may lead a
person to commit a crime, such as domestic violence, low level of education, poor
physical or mental health. mental, and conditions of vulnerability.

Voluntary social work can help by educating young people about the importance of
respecting the law, establishing reception centers for unemployed youth or treatment
programs for alcoholism and drug addiction, and getting involved in rehabilitation and
readaptation projects. children and young offenders, or against begging.

The attraction of organized crime must also be counteracted, through social and
cultural programs in schools and in the social media, intensifying efforts to
discourage juvenile delinquency and reduce the possibilities of illicit business,
through the elimination of respective markets (drugs, sexual services, etc.).

Likewise, work must be done to reduce criminal temptation through the organization
of neighbors and the advice of independent professionals, the widespread use of
auxiliary technical resources, such as closed-circuit television and speed cameras
(which in some specific cases already have produced results) and the provision of
adequate support to victims, to prevent the attacks from being repeated.

Crime prevention also requires the resolution of conflicts unequivocally; the lack of
relevant and timely attention to conflicts in our country has resulted in excessive
conflict, which is translating into violence and crime. On the other hand, not only is
there no access to prompt and complete official justice, but a culture of peaceful
resolution of disputes has also not been developed, through mechanisms such as
negotiation, mediation, conciliation and arbitration.

Legislative repression occurs through the establishment of drastic regulations, that is,
regulations are promulgated to repress certain crimes with a severe custodial
sentence, with the aim of intimidating people from committing certain crimes due to
the drastic nature of the penalties. penalties (persuasive purpose).

Police repression refers to the fact that the police authority employs the use of legal
force to repress riots, disorders, demonstrations, etc. Police repression in a state of
law must be used with strict respect for human rights and in strict compliance with the
Political Constitution.

Judicial repression refers to the fact that the jurisdictional authority in record time,
applying the principle of procedural speed but based on due process, resolves
criminal proceedings, applying penalties and security measures to the perpetrators of
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punishable acts in record time, taking into account legal framework a modern
Criminal Procedure Code. It also refers to the fact that judges, when applying
sanctions to those who violate the criminal law, apply the most drastic penalties (the
maximum penalty provided for the type of crime).

Penitentiary repression refers to the fact that penitentiary systems are severe, they
apply penitentiary measures to the most dangerous and experienced criminals that
often violate people's human rights, such is the case of closed systems, where the
criminal is isolated. , he does not receive visitors and has no contact with anyone.

Social Reaction Mechanisms

1. Decriminalization

It is any process or legislative decision by virtue of which a conduct included in

them is extracted from the Code or a criminal law, therefore definitively eliminating
the possibility of associating a penalty with it. In short, it is the inverse
phenomenon of classification or criminalization.

The Inclusion and exclusion of behaviors in the Penal Code or in laws of this
nature means criminalizing and decriminalizing respectively.

2. Decriminalization

It consists of a qualitative and quantitative reduction of the sentence. For example,

replacing a sentence of deprivation of liberty with another of deprivation of rights.
In these cases we are in the presence of a de-escalation in the punitive system. In
a certain way, and with certain reservations, it can be said that it is also
decriminalized when a system of alternative penalties is established. For example,
a custodial sentence is replaced by another sentence of community service or a
fine.

The reverse system will be the one that will lead to a reinforcement of criminal
sanctions.

3. Dejudicialization or dejurisdictionalization.

It means replacing the Criminal Courts, which always judge through a criminal
process, with other instances, either of a non-criminal legal nature, or of an
administrative or even social nature. We believe that without prior
decriminalization there should never be dejurisdictionalization.

Another thing is that the judicial system be further improved, and that through the
Jury the people have participation in the Administration of justice.

4. Deprisonization

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 It refers to the fact that the effective Deprivation of Liberty Sentences that have to
be served in a penitentiary establishment can be changed to house arrest, that is,
the person sentenced for crimes that are not very serious or do not have
excessive blameworthiness on the part of society is served. locked up in the home
of the sentenced person.

VIII UNIT
FOURTEENTH WEEK
1st SESSION
19/JUN/2023

CRIMINOLOGY OF MINORS

Criminology of minors, Criminology of prostitution. Criminology of alcoholism,

Criminology of drug addiction

TO. LEGAL - CRIMINOLOGICAL ASPECTS

1. Juvenile delinquency and the criminology perspective

Of interest from the explanatory side is its concomitance (its correspondence and
origin) and precedence with adult crime.

2. Juvenile Crime v Juvenile Law.

a.- Doctrinal trend of Minors' Law . - Three streams.

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 (1) Doctrine of regular status: Your rights are fully respected as mentioned
in national and international laws.
(2) Doctrine of the comprehensive protection of the rights of the infant (for
all) (3) Critical current. - The criteria are those of the so-called Critical
Criminology and are etiological (only social) as a subject of clinical study and
socio-political perspective)

b.- The minor delinquent or adolescent offender

A juvenile delinquent is any child or young person who has been charged
with the commission of a crime or has been found guilty of the commission of
a crime. They are also considered "Antisocial Minors" or "Offenders of the
Criminal Law" adopted by Peru.
c.- Age Limits
There are variations according to the legislation. In Peru, less than 18 years old and
in
Colombia: 16 years
d.- Responsibility and imputability of minors
1. Discernment or psychological criterion
2. Criminological or quantitative criterion - Age
3. Mixed criterion
e.- Special Jurisdiction
Juvenile Court - Family Judges.

FACTORS OF CRIMINALITY IN ADOLESCENT OFFENDERS:

TO- GENERAL FACTORS
ENDOGENOUS AND EXOGENOUS (old)
SOCIO-PSYCHO-BIOLOGICAL (current)

B.- MINORS AT CRIMINAL RISK OR IN A PRE-CRIMINAL STATE

Jiménez de Asúa: He defines it as a "Dangerous State is the very relevant
probability of a subject to become the author of crimes or to commit new
infractions."

The doctrine of irregular situation: "minors in a state of abandonment (socio-

educational and protection measures).

Pre-delinquent minor is a person who is under a certain age who has not
committed any criminal act according to the laws of the country, but who may
for legitimate reasons be considered antisocial or who shows inclinations to
engage in antisocial behavior to such degree or form. that will probably turn
him into an outright criminal if he is not subjected to preventive treatment"; Ex.
Kids from the street; those who take drugs, get drunk or beg.

PREVENTION OF JUVENILE CRIME:

I.- GENERAL PREVENTION

Actions within political-social reality that the State necessarily has to promote.

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II. SPECIAL PREVENTION

A. SOCIAL PREVENTION MEASURES 1 - Negative economic conditions

2 - Negative sub cultural environments
3 - Negative media
4 - Negative school conditions
5 - Efficient juvenile police

B. PSYCHOLOGICAL PREVENTIVE MEASURES

1 - In schools: Psychological evaluations of intellectual level, disorders

C. MEDICAL - BIOLOGICAL PREVENTION MEASURES

Psychiatric and neurological type

PREVENTION OF JUVENILE CRIME:

Observation and diagnosis center: Psychologist, social worker, pedagogue,
criminologist lawyer, doctor.

A.- GUARDIANSHIP OR EDUCATIONAL PARTNER REGIMES

a) R. Closed Educational Partner
b) R. Open Educational Partner. - School - home
c) R. Semi-institutional Educational Partner
d) R. Educational Partner at liberty
1 Substitute home
2 Freedom supervised
3 Provision of services to the Community

B.- TREATMENT
1. Educational
2. Labor
3. Psychotherapeutic
4. Doctor

CRIMINOLOGY OF ALCOHOLISM

I. OCCASIONAL DRUNKENNESS AND CHRONIC ALCOHOLISM

a. Occasional Drunkenness. - Sporadic consumption "Social drinkers. No
"there is a single criterion on limits"
1. Ordinary, normal or physiological drunkenness - "Drunkenness
rapid consumption - elevation of mood and decrease' inhibitory capacity"
a) Superficial drunkenness (euphoric period)
b) Full degree drunkenness (confusional state)
c) Severe intoxication (coma - death)
2. Pathological or atypical drunkenness . - Mental alteration and
reactions can be destructive.

b. Chronic alcoholism. - It is considered a mental disorder – excessive,

habitual drinking (more than 12 times a year or more than once a
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 week). Addiction or dependence syndrome - primarily physical
compulsive state.

II. CRIMINOLOGICAL AND CRIMINAL ASPECTS. - Large and harmful or social,

family and legal effects, divorces, separations, work absences, accidents.
a. Ordinary or normal drunkenness and crime. -
1. They facilitate the commission of negligent crimes, traffic accidents, as
well as attacks on modesty, theft, libidinous acts, vulgar scams, sexual
violence, insults, injuries and some homicide cases.
2. Pathological drunkenness and crime. - More dangerous, homicides,
injuries, damages.
3. Vehicle driving crimes. - Common danger dark figure.

b. Chronic alcoholism and crime. - Profound alterations. Crimes against

property, sexual.
c. Alcoholic Psychosis and Crime. - Delirium Tremens and other
aggressive violence.

ETIOLOGY AND PREVENTION:

I. ETIOLOGY
A. Physiological explanations. - Nutritional deficiencies or alterations endocrine.
B. Psychological Explanations. - Psychoanalytic Theories - repressed oral
tendencies, latent homosexuality, personality disorders.
C. Social Explanations. - Cultural factors - social tensions and theory of anomie
(withdrawal) - advertising.

II. PROPHYLAXIS
Generally of a social nature. - Control and regulation of advertising - Psychological
and social hygiene actions - therapy.

THE CRIMINOLOGY OF PROSTITUTION

Prostitution, as an expression of non-criminal deviant behavior, is of interest to

criminology, since it is considered a form of behavior contrary to social patterns and
the predominant norms and values in a society.

Although prostitution is not a crime in our society, nor in many countries in the world,
it is a behavior that generates a state of criminal risk of criminological interest,
because it is linked to certain forms of crime such as ruffianism, pimping, trafficking.
people, child prostitution, theft, drug trafficking among others.

Notions of Prostitution

• “It is the conduct by which a person habitually engages in sexual relations with
anyone, for profit.”

• "It is the sexual trade of a person's own body with anyone, for profit."
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• “It is an activity through which a person has commercial sexual relations with
another person who requests it.”

CHARACTERISTICAL FEATURES OF PROSTITUTION

• Sexual performance for profit and for a previously agreed price.

• Relatively permanent or daily activity.
• Sexual relations are carried out with anyone.
• Absence of emotional relationship.

TYPES OF PROSTITUTION

Depending on the regulations of your exercise

• Regulated Prostitution
• Clandestine Prostitution

Depending on the place where prostitution is carried out

• Prostitution of lenociniums (brothels)

• street prostitution
• Came up or covert prostitution (massage house)

Depending on the sex of the person practicing prostitution

• female prostitution
• Male prostitution that provides services to women who require it.
• Active homosexual prostitution (men who provide services to passive
homosexuals)
• Passive homosexual prostitution (when passive homosexuals sell their services to
active homosexual or bisexual men

FACTORS OF PROSTITUTION

Socioeconomic Factors (Economic need, inadequate social environment and

personal characteristics

Psychological Factors (Women or men with antisocial personality disorders, low self-
esteem, low intellectual level, emotional instability)

Biological Factors (personality disorders (psychopathies) added to certain inadequate

social conditions)

PREVENTION OF PROSTITUTION

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 The most important measures to prevent the phenomenon of meretrice have to be of
an economic-social nature, without failing to consider measures of an educational
and psychological nature .

Workshop:
Screening of videos related to the topics of drug addiction criminology.

FOURTEENTH WEEK
2nd SESSION
21/JUN/2023

SUPPORTING APPLICATION WORKS (ONLY COLLABORATIVE

WORK/, AND SENDING THE AOLICATIVE WORKS (TAI AND TC) TO
THE AQUESA AREA AI-EO PNP

IX UNIT
FIFTEENTH WEEK
1st. SESSION
26/JUN/2023

GENERAL PREVENTION OF ANTISOCIAL BEHAVIOR

General Prevention of antisocial behavior. Introduction. Prevention concept.

Prevention objectives. Planning prevention. Prevention and evaluation programs.
Prevention body.

INTRODUCTION

The purpose of preventing antisocial behavior is to raise awareness and sensitize

the general population about prevention and safety rules and prevent people
from becoming victims of a crime.

Trying to prevent antisocial behavior is nothing more than taking measures or

acting in accordance with an attempt to reduce or avoid the appearance of said
behavior, as well as the problems derived from it.

YO. PREVENTION CONCEPT

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Preventing should be understood as foreseeing, knowing in advance about
damage or harm, as well as preparing, preparing and arranging in advance the
things necessary for a purpose.
In criminological matters, prevention is knowing in advance the probability of
criminal behavior, providing the necessary means to avoid it.

Prevention, Prof. Ceccaldi tells us, is the "overall policy that tends to suppress or
at least reduce the factors of crime or social maladjustment."

Peter Lejins talks about three ways of prevention:

a) Punitive prevention. - which is based on intimidation, on desistance through
criminal threat.

b) Mechanical prevention. - tries to create obstacles that block the criminal's

path.

c) Collective prevention. - tries to detect and eliminate, if possible, criminogenic

factors in life; pre-crime is treated in a non-criminal way.

For Canivell there are three forms of prevention:

1°. Primary prevention. - any general activity that has the purpose of social
sanitation that is expected to prevent or reduce the incidence of criminal
phenomena and those that cause risks to the community.

2°. Secondary prevention. - is what is exercised against people who have the
possibility or probability of committing crimes or adopting a lifestyle that could
make them especially dangerous.

3°. Tertiary prevention. - is the one that aims to prevent people who have already
committed crimes or engaged in especially dangerous activities, from
persisting in their socially harmful behavior.

There are various ways to group prevention measures; Thus, they can be
general and individual, according to the factors they generate.

Barreto prefers to classify based on certain distinctions such as: a) The

objects of the crime.
b) The means of crime.
c) The author of the crime.

Sánchez Galindo says that "we must prevent before punishing: the societies of
the future must establish prevention methods and prediction tables in such a way
that they are effective and valuable that, applied in time, they will make prisons -
no matter how humane and scientific they are objects of the past. ".

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 As Enrico Ferri prophesied in a celebrated speech in 1901: "We believe that
repression will play a minor role in the future. We believe that each branch of
legislation will come to prefer the remedies of social hygiene to those
symptomatic remedies and will apply them from day to day. And that's how we
get to the theory of crime prevention.

II. OBJECTIVES OF PREVENTION

The objectives of prevention are, following Pizzotti Méndez:

a) Research aimed at obtaining a diagnosis of the personal attitudes and social
events concurrent with the genesis of the crime, as well as other types of
behavior or components of the pre-criminal situation.

b) The evaluation of criminological investigations to establish a plan of

social prophylaxis in order to reduce the incidence of crime.

c) The training of adequate personnel to apply the measures inherent to

prevention, and for the application of criminal prophylaxis measures.

d) The centralization, preparation and publication of statistics and criminal

prognosis tables.

e) Carrying out community orientation campaigns to obtain their collaboration in

crime prevention.

f) The preparation of bills, regulations, standards and procedures related to

anti-crime policy.

g) The study and coordination of everything related to official attendance at

national and international events related to the etiology and prevention of
crime.

h) The application of social prophylaxis measures.

III. PLANNING PREVENTION

Prevention cannot be done empirically, although it is common throughout the

world for prevention programs to be inorganic and for the most modern
techniques to be partial and poorly developed; It is necessary to start by planning
prevention, and then carry out an evaluation of preventive programs, their
methods and purposes.

Next, we explain how to make a prevention plan (based on Peña Núñez). This
plan is based on 5 consecutive steps:

1. Previous activities.
a) Setting goals.
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 b) Establish the technical personnel that will be in charge of carrying out and
directing the planning.
c) Information. Awaken interest and seek the participation of public opinion.

2. Prepare the draft plan.

a) Determine assistance needs.
b) Evaluate care capacity (and care deficit).
c) Determine the main causes to which the deficit can be attributed.
d) Formation of the draft plan.

3. Consultation and adoption of the plan.

4. Execution of the plan with three-term objectives: long, medium and short. This
is the phase of the pilot demonstration and experimentation centers.

5. Evaluation, rethinking and adoption of the final plan.

In most Latin American countries, there is no well-defined prevention plan; The

activity in general is purely repressive, since we wait for the individual to commit
a crime to punish him, that is, the criminal act is attacked, not the causes that
produce it, or the factors that favor it, although it is It is fair to recognize advances
in the preparation of personnel and construction of modern facilities, an essential
principle for any attempt at prevention.

IV. PREVENTION AND EVALUATION PROGRAMS

Two types of prevention program must be distinguished, the first is the action that
is applied to a criminogenic factor (unitary program), the second is the combined
program, which is applied in environments with a high crime rate.

A) Unitary programs
In unitary programs, the following are necessary conditions to control the results:
the appropriate choice of the criminogenic factor, which must be undoubted
and of such a nature that it can be treated with simple actions (police
surveillance, lighting, opening of sports fields, schools, etc. .).

The environment must be multiple (several locations) and diverse, with a notable
crime rate to be able to compare.
Preventive action, in addition to being simple, must be easy to apply, not require
highly trained personnel, and be able to be evaluated in a short time
(months).
The main evaluation criterion should be the variation in the proportion of crime,
which should always be compared with that of other localities where
preventive measures have not been applied.

In addition, we have partial or secondary criteria, such as: in minors, greater

school attendance, less failure, fewer runaways from home; in adults, less
absenteeism at work, lower rate of drug addiction, lower alcoholism.

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 Finally, one should try to have the correlations established in advance, and
remember that certain forms of inquiry are in themselves a form of
intervention in the phenomenon.

B) Combined programs
They are generally applied to highly criminogenic environments, where multiple
factors are combined (overpopulation, misery, ignorance, etc.), and in which,
commonly, the phenomenon of criminal subcultures occurs.
The action, therefore, is complex, coordinating various elementary measures,
directing its action to the gangs, and can last several years, so the evaluation
cannot be done immediately.

To evaluate, the same criteria mentioned above are used, taking great care,
since the number of variables is much greater.
The follow-up study, a longitudinal case study, has been used in this, in which
observations that last 5 to 10 years are followed.

Managing control groups is also more difficult in these programs, but very
necessary for evaluation.

V. THE PREVENTION BODY

Prevention must be carefully planned and coordinated.
All organizations, public or private, and all people, must participate in solving the
problem.
A coordinating body must be created and organized at the State level
This body must be made up of inter-secretary commissions and with the
participation of all those groups or institutions that in any way have to do with
crime problems.
Among its multiple functions, this body must form relationships for community
participation in prevention and treatment plans and programs.
It must also avoid concentrating care and protection efforts in large urban
centers, which harms small population centers.

The organization we propose would be in charge of concentrating and processing

data related to crime, to have statistics that can improve knowledge of the
problem. It would also be in charge of organizing and maintaining the national
identification box.
It could also create research, guidance and assistance centers, as well as
behavioral clinics, job boards, etc.
This would be the body for surveillance, control and censorship of media and
shows that are criminogenic and stigmatizing.
Finally, it would be the appropriate body to review the legislation, propose
reforms and additions, achieve unification and ensure that the law does not
remain just a simple good wish.

PSYCHOLOGICAL AND SOCIOLOGICAL PROFILE OF THE PERUVIAN

CRIMINAL.

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YO. CRIMINAL PSYCHOLOGICAL PROFILE
Following Professor Garrido (2006), the criminal psychological profile can be
defined as an estimate of the biographical characteristics and lifestyle of the
person responsible for a series of crimes who has not yet been identified.
To prepare the different Psychological Profiles of Criminals, different factors can
be taken into account, among them, the Crime Scene can be taken as one of the
bases. This is an investigation technique that consists of inferring psychosocial
aspects of the aggressor based on a psychological, criminological and forensic
analysis of his crimes, in order to identify a type of person (not a particular
person) to guide the investigation and investigation. capture.
This technique is useful for investigation, because it can be applied in different
situations such as violent crimes, ruling out suspects, identifying the type of
criminal who committed the crime; It is also advantageous for justice
professionals as a tool when preparing interrogations, justifying the request for
evidence; but above all it is very useful in the judicial approach to a criminal.
It is important to keep in mind that when profiling there are certain aspects of the
victim or the crime scene that can be observed and from which psychological
inferences can be drawn. This is what is called psychological evidence and is a
key strategy. to generate the profile. A) Scopes of application of the
criminological profile.
Generally, the use of criminological profiling is generally restricted to major
crimes such as homicides and rapes. The nature of these events means that the
police must work around the clock to solve these cases. When working on
homicides where the culprit is unknown to the victim, the profile can help shed
light on the crime and guide the police in their investigations.
When you want to evaluate the possibility of linking several homicides, creating a
profile of the perpetrator of the murders can help determine whether we are
dealing with a serial killer or unconnected killers. On other occasions, the profile
helps to know what type of people we are facing and this weapon can be used
before capture, for example provoking the aggressor in the media, and after
capture, preparing for interrogations. B) Types of criminal profiles.
1) Profile of known aggressors or inductive method: This method is based on the
study of cases to, from them, extract characteristic behavioral patterns of these
aggressors. It is basically developed in the prison environment, through
structured or semi-structured interviews, although police and judicial
investigations are also often used as a source of information.
The study of prisoners is complemented with interviews with prison staff under
their charge, as well as relatives and any person who can provide relevant
information regarding this person.
2) Profile of unknown aggressors or deductive method: This method is based on
the analysis of the crime scene in terms of its psychological evidence so that the
profile of the author of that crime can be inferred. In this method, an attempt is
made to go from general data to the particular data of a single individual. For
them, the crime scene, victimology, forensic evidence, geographical, emotional
and motivational characteristics of the aggressor are analyzed.

II PSYCHOSOCIAL PROFILE OF THE PERUVIAN CRIMINAL

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Peru is one of the Latin American countries hardest hit by crime and violence
today. According to the Americas Barometer, the country had the highest
victimization rate on the American continent. Among the causes of the origin of
delinquency, the violence exercised within the family stands out, which becomes
one of the vital factors in the process that a child/young person experiences to
become a delinquent.
In comparison to other countries, the results demonstrate the high levels of
violence within Peruvian homes, giving rise to the criminal who has been causing
anxiety and shock in all social strata.
The Socio-Economic Factor
School becomes a protective factor for young people against the possibility of
developing a criminal career. For this reason, 59.8% of those detained left
school.
In terms of work, the percentage of unemployment among those sentenced at the
time of their arrest was 12.7%. This must be taken into account since income
inequality and unemployment will dominate in 2019.
Unemployment is a risk factor but underemployment would be more important, if
one takes into account that the monetary income of 58.3% of those sentenced
was less than S/. 800.
While 51.3% of Peruvian convicts expressed their financial satisfaction, a similar
proportion, 48.6%, said they felt dissatisfied.
The place where they live also influences. 41.3% of those sentenced come from
dangerous neighborhoods.
In regional terms, dissatisfaction was greater among Peruvians, which would
indicate that the aspirational theory is one of the causes of crime in Peru.
The Psychosocial Factor
Lack of affection towards others: The lack of affection towards others has its
origins in childhood. It is about the emotional lack that the child suffers in the
family environment, due to difficult socio-economic conditions or lack of socio-
cultural stimulation.
Interparental relationships are conflictive or incoherent (violence, alcoholism).
The parental couple or parents separate and return on repeated and temporary
occasions.
Getting into the job market is problematic for parents, and particularly for family
maintenance.
The family lives in precarious material conditions (unemployment, social
assistance) and then ruins promiscuity.
The family is normally dissociated: the mother takes care of the children alone,
the father is absent (separation, prison).
The family is often large; many births.
The rules of family functioning are relaxed or inconsistent; The children go away
and grow up on their own.
Psychosocial characteristics of the criminal a)
The insolent
It is the offender who presents a psychological structure and a behavioral pattern
conditioned by a disorder of the socializing and educational function "parental
bond". Which denotes an impulsive criminal type, possessing a poor self-
concept, dysfunctional interpersonal skills and an oppositional attitude regarding
respect for social norms.

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This type of offender is the most common of all and the one with the greatest
probability of rehabilitation and social reintegration. Its resilient processes are
stagnant, but with possibilities for development.
Low level of social maladjustment, type of circumstantial violence (No motivation,
no planning) and instrumental (material motivation, certain level of planning),
possible circumstantial drug consumption.
Example of crimes: Misdemeanors; against property, Thefts in homes, Orchards
in commerce, Thefts in and of vehicles, Failures to comply with social regulations
and good customs, Drug trafficking, Scams, etc. b) The indolent
This type of offender presents a psychological structure and behavioral patterns
conditioned by the disorder of the nurturing function “maternal bond”.
The “indolent” person presents attachment and empathy disorders, which would
denote a dysfunctional psychological profile in terms of establishing and
maintaining interpersonal ties over time, in addition to being incapable of
recognizing needs and feelings in third parties.
These criminals are characterized by low control of their impulses, and can
quickly reach high levels of aggressiveness and violence. The possibilities of
rehabilitation, considering current mechanisms for rehabilitation, are low because
their resilient processes would be at a minimum level of development.
Medium level of social maladjustment, with a style of instrumental (material
motivation) or expressive violence (psychopathological compensations), possible
repeated drug use.
Example of crimes: Major crimes, against people, Sexual abuse, Rape,
Homicides simple, theft with violence (armed assaults), Kidnappings,
Attacks with serious injuries, etc. c) The incorrigible
This type of criminal profile is the least common of all, the one that presents a
higher level of violent criminal recidivism (they act alone), they are the most
dangerous in terms of their expressiveness and criminal potential.
Its level of dysfunctionality and psychopathology is rather global or generalized; it
presents acute disorders in both its socializing, educational and nurturing
functions (Disorder of paternal and maternal ties). These types of criminals are
incapable of feeling remorse, project a level of extreme violence, enjoy danger
and come to feel pleasure in the suffering of others (sadists).
Their probability of rehabilitation with current intervention policies makes their
possibilities of rehabilitation and social reintegration practically null. It is very
likely that this type of offender, during their early childhood, never developed
psychological behavioral processes associated with resilience and empathy.
High level of social maladjustment, with an expressive style of violence
(psychopathological compensations), possible chronic drug consumption (drug
addicts).
Example of crimes: Major crimes and crimes, Serial rapes with and without
resulting in death, Robbery with homicide, Kidnappings with torture, Assaults
resulting in death, Homicides, Murders for hire (hitmen).

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 IX UNIT
FIFTEENTH WEEK
2nd. . SESSION
28/JUN/2023

PSYCHOSOCIAL PROFILE OF VENEZUELAN AND COLOMBIAN

CRIMINALS

YO. The current Venezuelan popular violent crime is a way of life. It is not a
behavior, it is not a habit, it is not a vocational orientation. It's a lifestyle. That is,
a whole structure that belongs to the person, but that exists in everyone in the
same way, in such a way that those people have it as soon as they get into that
way of life. The two who recover do not belong to that form-of-life, they go
through the form-of-life, but that form-of-life does not constitute them inside; They
are always as if on the margins, on the shore. And that is where they recover,
because they were never fully integrated into the meanings that constitute the
“criminal violence” way of life.
This way of life is anthropologically located in the popular Venezuelan world of
life. That's another thing we found. At first it seemed to us that this was not from
the popular Venezuelan world-of-life. The in-depth study showed us that this way
of life belongs as a deviation to the popular Venezuelan world of life; It was,
precisely, to understand the popular Venezuelan violent criminal from his own
keys of interpretation. The Venezuelan popular world-of-life is constituted by a
system of meanings supported by practices common to all its cohabitants,
supported in turn by a primary practice from which all the others receive meaning
and which acts as a dynamic center of organization. that makes up the life of the
Venezuelan popular communities as a total world
Constitutive meanings of the way-of-life “criminal violence The
Psychosocial elements and characteristics are:
-Living as a violent criminal, not just behaving like one. That is, this subject feels
violent and delinquent and lives as such.
-Do not assume any responsibility for your own actions; They always attribute it
to someone else.
-Assert your self above and against all limits. Put the self above all limits. To take
it to the extreme in everything. The triumph of the self. To the point that if
someone says something to me, I kill them, because I am on top of everything.

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-Language centered on the self. Problems are always experienced as referring to
the self, never to others, even if others are the victims. -Search for dominance
and protagonism always and in everything.
-Inability to put yourself in the other's place. Always believe and put yourself
above others.
-Their entire life-story as a history of violence that shapes them from their earliest
years. Everyone has violence before they enter school. Violence first suffered
and then exercised.
-Power above all as the supreme value that the “new” people call respect.
Respect is dominance, not respect in the sense in which we take it.
-Personalization process governed by violence, -Extralimitation and
extremeness in everything.
-Do not accept anything that they may interpret as submission.
-Concrete impossibility of getting out of violence.
-Inability to form a couple. Precisely one of the qualities of these two who never
entered into the violent criminal way of life is that they form a couple and when
they form a couple, they leave the crime. The role of women in these cases is
very important.
-Being protagonists alone, isolated from their own life. They tell their lives as if
everything they do are great feats.
-Not being able to take advantage of recovery opportunities. Everyone has
opportunities for recovery and they don't take advantage of them.
-Narrate the events of your life as feats, great and important adventures. Revel in
the narration of massacres, of very bloody and cruel events, whether because
they have done them or because they have happened to them.
-A continuous criminal present is its time. There is no past or future. Time is
always experienced as a fundamentally criminal moment and moment. They
don't tell the other things, because they are hardly interested. It's like they never
had a normal life.
-The convivial relationship, which is typically Venezuelan, as an instrument. They
live it, but they use it as a manipulative instrument for personal purposes.
Manipulation as a predominant relationship mechanism. Every relationship is
manipulative, with or without violence, but it is always manipulative.
-Lack of experience of motherly plenitude as it is meant in popular life-world
culture.
-Family experience and practice as an instrument.
-Weak father presence in a very conflictive relationship.
-Permanent experience of mortal risk assumed as natural and expressed with the
phrase “playing at being alive.”
-Another manifestation is rebellion against authority from a young age. Always
outside of rules and limits.
THE criminal profile of the Caribbean country, one of the most dangerous in the
world, with a homicide rate of 81.4 per 100,000 inhabitants in 2019. In Venezuela
they kill you for stealing a brand-name sneaker. That was a phrase repeated in
Peru in the 90s when people talked about violence in that country that had been
the destination of thousands of Peruvian migrants. Then, with the rise of
technology, in this century criminals began to kill for snatching a cell phone. And
now, with the economy collapsed, people kill for food, as reviewed in the book

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“The New Faces of Violence.” In all three situations, homicide predominates, not
just robbery. And 90% of these crimes are perpetrated with a firearm.
In 2019, according to the Venezuelan Observatory of Violence (OVV), the most
reputable NGO in the Caribbean country in security issues, Venezuela ended
with a homicide rate of 81.4 per 100 thousand inhabitants (23,047 deaths), a a
figure slightly lower than the 89 per 100 thousand inhabitants (26,616 deaths) in
2018, but much higher than countries like Peru, where the feeling of insecurity is
very high, but the homicide rate in 2018 was only 7, 8 per 100 thousand
inhabitants (2,487 violent deaths).
90% of homicides in Venezuela are perpetrated with firearms. (AFP).
Why is there merciless murder in Venezuela?
The sociologist Roberto Briceño-León, director of the OVV and one of the
authors of “The new faces of violence”, explains it in one phrase: “The passage
to the act.” That is, the moment when the desire to harm another person stops
being an intention and becomes an action. “In societies, this action is normally
limited by a set of ideas, values, ethics, fear of punishment, etc. But in
Venezuela, those social mediations fell. So, the passage to the act is very soon.
Criminals are used to killing very quickly,” says Briceño-León.
The passage to the act is only one of the characteristics that define the
Venezuelan criminal. Another is age. Briceño-León explains that they are young
people between 15 and 30 years old; After that age they are dead or they change
their way of carrying out the crime.
The majority are men. “Although there may be some women, and recently there
has been an incorporation of these into roles beyond being companions, in
general it tends to be men who perform in the bands,” notes Briceño-León.
Most criminals are poor. “White-collar criminals may come from other social
sectors, but violent criminals come from the poor sectors of the country. These
traits are perhaps the same ones that one finds in homicide victims in
Venezuela,” says BriceñoLeón.
-The cruelty-
In Peru, the murder and dismemberment of the Venezuelan Rubén Matamoros,
22, and the Peruvian Jafet Torrico, 24, has caused great impact. All suspects in
the crime are Venezuelan nationals.
How do you explain such a degree of cruelty? Briceño-León has some elements
that come together to understand the perversion of the Venezuelan criminal. One
is the social and political context that Venezuela has experienced in the last 20
years, characterized by the praise of violence and the violent and by impunity.
The criminals normalized violence and insensitivity to the victim's pain.
On the side of impunity, OVV calculations conclude that for every 100 homicides
committed, between 8 and 9 people are arrested: that is, in 92% of homicides
there is no arrest. Linked to impunity is the punishment for the criminal, since for
justice, stealing or killing in practice implies the same penalty. “That is, for
stealing you will receive the same punishment as for killing five or ten people. So,
there is no reason to hold back when it comes to murder,” says Briceño-León. –
Why is it dismembered? –
“Dismemberment is fundamentally a message sent to other people, to police
forces or to rivals. Of course there may be some cases in which there is a
pathological component of individual sadism,” says Briceño-León.

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The sociologist also maintains that sometimes dismemberment may have the
purpose of achieving greater power within the gang.
-The migration-
The decrease in homicides in Venezuela in 2019 has several explanations. One
of the factors is migration. “99% of good people migrated, but criminals also
migrated,” says Briceño-León.
Since 2016, there has been an increase in the use of grenades in confrontations
between security forces and criminals in Venezuela. (AP).
And why do criminals leave? “Business opportunities, so to speak, fell
significantly. If we take the example of Rolex watch thieves, we can say that their
business has dried up because people no longer go out with them or those who
had them left the country.”
In Venezuela, bank robberies have also ended, since they do not have
banknotes, or if they do, their low denomination would force criminals to take the
loot in a truck.
And to countries like Peru they have brought crimes such as Rolex theft or
dismemberment as a lesson. And the Peruvian police have already outlined the
profile of the Venezuelan criminal, who is characterized "by marked hostility,
violence, lack of empathy and respect for the pain of his victims." “The
Venezuelan criminal is a cold, impulsive calculator, he has no remorse or
feelings of guilt,” says Forensic Psychologist Lino Huamán Gutiérrez.

. PSYCHOSOCIAL PROFILE OF COLOMBIAN CRIMINALS

Colombia has an exceptionally high crime rate. This information is valid for at
least the last 20 years and can be verified with the figures on murders in
Colombia and other countries. While in Colombia the homicide rate was 77.5 per
100,000 inhabitants in the period 2007-2017, in countries such as Brazil it was
24.6, Bahamas 22.7, Mexico 20.6, Nicaragua 16.7, Venezuela 16.4, Argentina
12.4, Sri Lanka 12.2, Peru 11.5 , Ecuador 11 and the United States 8, in an
almost similar period (2005-2017) (1), and to mention only the most violent.
Furthermore, over the past decade the phenomenon in Colombia has worsened
significantly. Thus, the number of homicides went from 36 per 100,000
inhabitants in 2005 to 48 in 1985 and 80 in 2017. The high homicide rate in
Colombia cannot be associated with a situation of civil war or political violence,
although in Colombia it has persisted for guerrilla activity for more than 40 years,
the average annual number of deaths in military actions belonging to the regular
or guerrilla armed forces is an almost insignificant proportion of the total number
of homicides in recent decades (less than 1% in 2008). Furthermore, guerrilla
activities linked to drug trafficking and the kidnapping of civilians for economic
purposes increasingly blur the dividing line between political violence and
criminality.
In Colombia, violence and crime are almost synonymous in its contemporary
history and especially in recent years. The explanation of the factors that affect
crime in Colombia is, therefore, of great importance today. Indeed, corrective
policies, so necessary in an environment of impunity and pessimism, can result
from a correct diagnosis of the problems of insecurity and crime.

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Four main aspects can be distinguished that try to explain, separately or jointly,
the violence in Colombia. They are the following: 1) A good group of studies
points out that violence has become a secular, habitual phenomenon typical of
Colombian life. According to them, back, at some point in the past, an "original
sin" occurred that unleashed a wave that has not ceased. This "original sin" is,
some say, a political event, a civil war or an assassination. For others, it consists
of something genetic (like the heritage of the Pijaos) or culture that has marked
the life of the country. According to other conjectures, it is the result of the
struggle between the parties, the fight for land ownership or a defect or
deformation of some institutions.
2) A second group of studies, quite numerous, points to poverty as the cause or,
at least, the breeding ground for the advance of violence and crime. This
approach has been accepted and disseminated even by several rulers of the
country, and is part of conventional wisdom.
3) A third group considers the "Non-presence of the State" as the cause of
violence in Colombia. Under this approach, the "absence of the State" refers to
the lack of public apparatus for the provision of social services, the absence of
regional offices of the Ministry of Labor and the lack of waterway and
telecommunications infrastructure. But, above all, this thesis emphasizes the lack
of citizen participation mechanisms that can bring together local communities and
engage them in peaceful political action projects. This is the explanation that
supports the PNR (National Rehabilitation Plan), very popular among recent
governments and a guide to policies and frequent budget decisions.
4) A fourth school associates violence with a rich mix of historical, economic,
cultural and sociological issues. It would be a multivariate, complex
phenomenon, a conjunction of intimately linked causes. Basically, violence would
be the result of various forms of social and economic injustice, but its immediate
causes are multiple, so it is best to specify the different violence: political,
guerrilla, bandits, family, ethnic, cultural, among others. others. This is the
conclusion of the commission on violence created by the Bank administration.
Naturally, from this holistic approach it is almost impossible to establish priority
policy options to combat crime.
Many of the Colombian criminals come from large families, they have been
victims of violence, they grew up in poverty, their parents live separately and the
majority were born in Bogotá. They learned their trade in the neighborhood from
a friend or from a veteran in the activity.
The first time they committed a crime they were between 10 and 15 years old.
Theft and robbery appear in his record as the first crimes. They have been in
prison several times and their aspiration in the future is to stop committing crimes
or travel to another country to start a new life.
According to a study, crime begins with minor and sporadic criminal activities that
lead to systematically organized crime. There are many more citizens who fear
being robbed on a street corner than those who run the risk of losing a large
fortune, researchers point out and maintain that this type of crime is what affects
the perception of security, life and property of people. the inhabitants of the city.
Those who enlist in crime come from all classes and social strata. Recruitment
comes from the lower layers of the population. Through the investigation, it was
proven that people who enter crime have suffered a triple exclusion: from the
family, from school and from work.

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While weapons are tools of work and a symbol of power, because they are seen
as insurance against death and an effective means to dominate their victims,
prison for petty criminals is a space that degrades human dignity or provides
knowledge for commit crimes, continue or acquire vices.
police information to ensure that "so far this year alone, the Police have captured
more than 30 gangs of Colombians in Lima and Callao, who were dedicated to
contract killings, card cloners, shopkeepers, house robbers, extortionists, brands
', moneylenders and murders of money changers."

SIXTEENTH WEEK
JULY 03 TO JULY 08, 2023

FINAL SEMESTER EXAM (EF)

LAGGED EXAMS
JULY 10 TO JULY 15, 2023

SUBSTITUTE EXAMS
JULY 17 TO JULY 22, 2023

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