INTRODUCTION TO

CRIMINOLOGY
PREPARED BY:
MS. CATHERINE G. ACEDO, RCRIM
CHAPTER III: The Psychology of Crime

INTRODUCTION
The term “crime” can be defined in several ways – common, legal
or social. Its definition will depend largely on who uses the term. The
legal description of crime is more elaborate because of the various
elements and circumstances that shall be ascertained before a violation
of the law is considered as crime.
The social definition of crime on the other hand is rather simplistic
because what the public views as wrong or against their fundamental
interest is normally considered a crime. The common definition of crime is
more or less similar to the legal definition but without the criteria on
conviction.

What is Crime?
Legal definition of Crime
The term “crime” may be defined as follows:
 “any act or omission in violation of law”
 Any act or omission punishable by law.
 An act or omission that endangers the public, is prohibited by law, and is
prosecuted and punished by the State.

In the first two definitions, it speaks only of the act or omission that
violates the law or the act or omission that is punishable by law. It does not
further describe whether that act or omission was done intentionally, or, is
defined and sanctioned in criminal law as a felony or misdemeanour, or was
done in justification of a self-defense, in which all of the above descriptions
are present in the third definitions provide a differentiation between an act or
omission from other behaviours.
 Some terms used in the definition of “crime” are described below:

Act – An act is positive ( meaning the result of the act is apparent; there was
an action done ) – which shall mean, a wrongdoer will be guilty of an act
when he does something he is not supposed to do. For example:
The act of killing a person is prohibited by law (when it is prohibited,
it means one is not allowed to do it), and if one kills another person, his act is
a violation of the thing he is not supposed to do. Other examples: raping,
hostage-taking, gun running, stealing, etc.
Omission – an omission is negative, which means the result is not readily
observable. A wrongdoer will be guilty of an omission when the doer leaves
undone that which be ought to do. For example of things a doer must do, that
he does not perform:

 Filling of income tax return

 Payment of residential, property taxes, etc.

When the doer leaves undone that which he/she is supposed to do, he/she
will be guilty of an omission.
Felony – felony is simply defined as a transgression of the criminal law. Legal
Dictionary ( 1996 ) defines felony as serious crime, usually punishable by
death or imprisonment of more than 1 year.

Felon – the term felon refers to one who commits a felony.

Misdemeanor – a misdemeanour is a violation/infraction/offense upon

ordinances (municipal or cities) which are not covered under criminal laws. It
is further referred to a crime less serious than a felony, usually one punishable
by incarceration for up to one year.
Misdemeanant – The term refers to one who has violated /infracted or
offended a city or municipal ordinance

Criminal – The term criminal refers to a person who had been investigated or,
arrested and convicted for violating the criminal law. In this criterion, the
suspect passes through a series of processes by which he must first be
investigated and when after a through investigation , it was found out that all
pieces of evidence are against him , thus, justifying his arrest. An arrested
suspect shall be tried In court in order to prove his innocence or guilt . He shall
be convicted and will either be confined in a correctional institution or be
granted probation ; if found innocent of the act of commission ,he will then be
set free.
Others refer them “criminal” as to one who violates the law . In this
definition, it is not clear whether he was investigated or arrest. We simply
view the offender a violators of the law , therefore, it can be deduced in this
sense that a person becomes a criminal at the instant he violated the law .
Pronouncement of the court of his/her guilt, is not necessary. What is only
essential is that he had violated the law .

Inquiries on the status of the offender has drawn attention specially on the
question of “when can a person be called or labelled as criminal?” Is it after
his conviction or while he is confined in prison /jail, or is it during the time of
commission of the crime
Criminal behaviour – the terms refers to a behaviour which is criminal in
nature; a behaviour which violates a law. Accordingly, the moment a person
violates the law, he has already acquired a criminal behaviour.

Under the legal definition of crime, before the act/omission/behaviour is

considered as crime, the presence of all elements that differentiate it from
non-criminal behaviour must be determined. Likewise, a wrongdoer is
presumed innocent of the act charged and cannot be branded as a criminal
until proven by the court.
SOCIAL DEFINITION OF CRIME

Crime in its social definition may simply the mean, an act which the group
regards as sufficiently menacing to the fundamental interest of the public so it
could justify the normal reaction of restraining the violator {tradio,1978}.

Crime, in the point of view of an ordinary person, is an act committed by

another that disturbs and troubles the fundamental interest of others – such
interest as peace, tranquility, harmony, and privacy. It is view plainly as a
nuissance; an intrusion; a wrong committed against other people’s rights and
privileges
When an act is committed in such manner that it disturbs the fundamental
interest of the public. It is considered a menace to the society by which
people react to the actions of the violator. The reaction of the public towards
a disturbing manner is by reporting it to police authorities or local officials,
thereby restraining the violator.

Normally, crime is viewed as an act that violates the basic values and
beliefs of society. Those values and beliefs are manifested as laws that
society agrees upon.
An ordinary person views crime as a wrongdoing, - an evil deed. Branding
the wrongdoer a “criminal” when, without benefit of a legal process, he
steals a chicken; rapes a woman; injures a person in a fight or commits a
malicious mischief is a social interpretation of the term “crime”. People may
address the wrongdoer a “criminal” instantly as he/she sees the wrong doing.
It presupposes that even without the due process of law, the wrongdoer may
be addressed as a criminal and oftentimes as the public see the wrongdoing
reaction in the form of redress is applied in order to restrain the violator in
furthering his acts.
Common definition of Crime

The common definition is, “any act or omission punishable by law”.

Oftentimes, the way an ordinary person looks at what crime is all about, is
often viewed as a wrong done to someone which is worthy of punishment by
law. It presupposes that, other circumstances attached to the wrongdoing is
not investigated such as whether the act was done in self-defense or not.
 The Study of Criminal Behavior

The study of criminology focuses on behaviour that violates the criminal

law and seeks an explanation for that behaviour. The study of the origin of
laws that define certain behaviour is a focus of the sociology of laws,
although a number of sociologists include in criminology the study of how
certain behaviours were considered and consequently defined as crime.
In explaining criminal behaviour, one must consider crime a disease. It
includes a variety of phenomena which paved the way to some
criminologists to develop typologies of crime, criminal careers, sets of
categories that can form the basis of causal explanations of each type of
behaviour or career.
 The explanation of why a person commits armed robbery may e different
from the explanation of why another embezzles funds from his employer.
Criminal behaviour has been the focus of debate between nature and
nurture. Is it the responsibility of an individual’s genetic makeup that makes
him/her a criminal or is it the environment that predisposes his characteristics.
Results of research studies show that both genes (heredity) and
environment play a significant role in the criminality of an individual. This
evidence has been generated from a number of twin, family, and adoption
studies as well as laboratory experiments. Furthermore, the research has stated
that it is more often an interaction between genes and the environment the
predicts criminal behaviour.
 Having a predisposition for criminal behaviour does not determine the
actions of an individual, but if one is exposed to the right environment, then,
chances are greater for engaging in criminal or anti-social behaviour. It further
explains that heredity lays down the essential foundation (whether good or
bad); while environment alters heredity for better or worse.

A behaviour becomes a criminal behaviour by considering three factors:

 Tendency for a crime (T)
 Total Situation (S)
 Mental and Emotional Resistance to Temptation (R)
In examining how criminal behaviour may occur or maybe acquired, the
factors can be put into a crime formula:

C=T+S
R
CRIME FORMULA
 The formula shows that crime may result because of the fusion of intent
(tendency) and opportunity (in a situation) over resistance (genetic or
environmental foundation). When the person’s resistance is insufficient to
withstand the pressure of intent and there is enough opportunity, criminal
behaviour is likely to happen.
When does one acquire Criminal Behaviour? To a criminologist,
criminal behaviour is understood as a deviance. A behaviour that violates the
norms of the society and regarded as a menance to society. In a Sociological
Context, it describes action or behaviour that violates cultural norms as well
as informal violations of social norms. At a time a violation is committed, or,
deviance behaviour is exhibited, criminal behaviour is acquired.
 In legal context, where the focus of the question is on the violation of law,
the question of “when does one acquire criminal behaviour” may be asked
in following levels – is it:

 During the commission of an offense?

 After conviction, or?
 While serving sentence?

The answer to these questions may be deliberated by the class, tracing

back the legal meaning of crime and/or the social definition of crime.
 The question of “when does one acquire a criminal behaviour?” is a battle
of between a legalist and a criminologist. Take note that in an attempt to
define it, one must consider three stages – during the commission of an
offense, in the process of conviction or while serving sentence. A
criminologist may have a different interpretation from that of the point of
view of a legalist.
One common answer to the question had been observed with regard to the
level of responsibility of the actor of crime.
 After the commission of the offense, the actor is a suspect,
 When the court finds him guilty, he is a criminal since his/her guilt was
already determined and proven by a court;
 If he served time and released from a prison, he is an ex-convict;
 While serving his time in prison, he is called an inmate or prisoner.
The Differentiate of Criminal Behaviour from a Non-Criminal Behaviour
An extensive and thorough analysis of crime has resulted in a description
of (7) interrelated and overlapping differentiate. Ideally, a behaviour would
not be termed as crime unless all the seven (7) elements are present. Absence
of one (1) in any of the seven differentiate will not constitute the behaviour as
crime.
The following analysis distinguishes criminal behaviour from a non-criminal
behaviour:

1. There must be “external consequence, or, harm”. Before behaviour can

become a crime, there must be certain external consequence or harm – mental
or emotional state is not enough. The intention to do something is not taken for
the deed or action.
For example:
A robber planned to rob a bank (presence of intentionality). While
already in the bank, he changed his mind not to pursue anymore his plan (the
act or deed was not performed). Will the robber be guilty of any act?
 In this instance, even if one decides to commit a crime but changes his
mind before he does anything about it, he has committed no crime. The
intention is not taken or cannot be substituted by the deed. The intention must
have resulted to an act or behaviour that produces a consequence or harm.

2. The harm must be legally forbidden. Anti-social behaviour is not a

crime unless it is prohibited by law. The harm must have been prescribed in
penal laws.
For example:
A man manifested the most injurious, unpleasant and unfavourable act,
but, this act or behaviour is not defined and prescribed in the penal laws,
therefore, his behaviour is not considered as crime because his behaviour is
not legally forbidden.
 3. There must be conduct. There must be an intentional or reckless action
or inaction which bring about the harmful consequence.
For example:
He who is physically forced to pull the trigger of a gun does not
commit murder, even if someone dies from the bullet.
Conduct or control was not present on the part of the one who has forced to
pull the trigger. Conduct or the deliverance of the action was present on the part
of the person who forced the other to pull the trigger.
4. Criminal Intent or “mens rea” must be present. “Mens Rea” is defined
literally as “guilty mind”. Legal Dictionary (1996) defined “mens rea” as the
state of the mind that makes the performance of a particular act, a crime, or, a
crime of a particular degree; the element of fault that makes an otherwise
innocent act or omission punishable.
For example:
A careful driver who hits a child who darts out from between parked
cars is not guilty of a crime, whereas, a driver who had time to avoid the child
but carelessly failed to do so may be guilty of homicide.
Question: Shall a homeowner be criminally liable when a passer by was hit
on the head by a flower pot displayed on the window box of which
accidentally moved by a stray cat which resulted to severe and profuse
bleeding of the victim’s head?
Oftentimes, intentionality is construed as motivation. Motivation should
not be confused with intentionality and vice versa. Intentionality shall mean
the deliberate functioning to reach a goal; and motivation is the reason or
ground for the end-seeking. Mens rea is identified with the former.
For example:
A father decides to kill his starving children because he feels that they
will pass on to a better world. His motivation is good, but, his intention to kill
is wrong. (Mercy killing or Euthanasia is a crime in our country).
5. Fusion or Concurrence of Mens rea (criminal intent) and Conduct.
To consider the act/behaviour as crime, criminal intent must fuse or concur
with the deliverance of action or conduct. A behaviour will become a crime
when criminal intent is put into action. Intent alone will not constitute the act
as crime.
For example:
A policeman goes into a house to make an arrest and then commits a
crime while still in the house after making the arrest. The policeman’s entrance
to the house does not concur with his intent to commit a crime.
 First of all, the policeman from the beginning cannot be considered as
trespasser to the house because he has a warrant of arrest. The criminal intent
and the conduct do not fuse or concur.
6. Causal Relations between the Legally Forbidden Harm and the
Voluntary Misconduct. For every act committed, it must be proven that there is
a causal relationship between the legally forbidden harm and the voluntary
misconduct, otherwise, we cannot consider the act as crime.
For example:
The conduct of one who fails to file an income tax return is his failure to
take pen and ink, fill out the form, etc. The “harm” is the absence of a return in
the collector’s office. In this case, the “causal” relation between the two
obviously is present.
 But if one man shots another (voluntary misconduct) and the victim
suffocated while in a hospital recovering from a gun wound, the relationship
between conduct and the harm (death) is not clear-cut.
There is presence of causal relations between the legally forbidden harm
and the voluntary misconduct when the man died from the wound of a gunshot.
Dying from suffocation is another crime issue.
7. Legally Prescribed Punishment. Not only must the harm be prescribed
by law, but, as indicated, the prescription must carry threat of punishment to
violators. The voluntary conduct must be punishable by law.
How do we regard crime in terms of its meaning?
We regard crime in terms of its meaning in the following manner:
1. As one among several forms of deviance
2. A type of Anomic Behaviour, (such as in Sociology, it describes crime
as unstable because of moral breakdown; Psychology; affected by alienation,
feeling alienated from society and disoriented by perceived absence of a social
or moral framework)
3. Other characterize it as a more conscious response to social conditions,
to stress, to the breakdown in law enforcement or social order, and to labelling
of certain behaviour as deviant.
4. Since cultures vary in organization and values, what is considered
criminal may also vary.
The Anatomy of Crime
For any crime to happen, there are three elements or ingredients that must be
present at the same time and place. These are the intent, the instrumentality, and
the opportunity.

INSTRUMENTALITIES INTENTIONALITY

OPPORTUNITY
 Anatomy of Crime

Intent refers to a state of mind, deliberately functioning to reach a goal – that

is, to perpetrate a crime. Examples are:

a) Intent to rob a bank

b) Intent to commit murder
c) Intent to carnap
d) Intent to kidnap
e) Intent to sabotage
f) Intent to commit homicide
g) Intent to rape
 Intent or Intentionality in perpetrating a crime by a person is often
synchronized or harmonized with motivation. Motivation shall mean the
reason, ground or cause why a person perpetrates a crime, thus, creating in
his/her mind the intent to perform it. Desire is a wishful thinking differentiated
from intent because intent is willingness to do. Motivation is also
differentiated from desire because motivation is giving of reason to do the act.
Crime is more identified with intent rather than motivation or desire. His/her
motivation could be:
 Economic gain
 Jealousy
 Revenge
 Political gain
 The instrumentality is the means or implement used in the commission of
the crime. It could be a:

 Bolo
 Fan knife
 An ice-pick
 Poison substance
 Crow bar
 Battery-operated hand drill for carnapping
 Motor vehicle
 Gun
 Both the intent and instrumentality are harboured and wielded by the
perpetrator. The opportunity consists of the acts of the omission and/or
commission by a person (the victim) which enables another person or group
of persons (the criminal/s) to perpetrate the crime. Examples for this are:

 Leaving one’s home or car unattended for a long time

 Walking alone in a well-known crime prone alley
 Wearing expensive jewelries in a slum area, and
 Readily admitting a stranger into one’s residence
 Opportunity is synonymous with carelessness, acts of indiscretion and
lack of crime-prevention-consciousness on the part of the victim.
Whether a crime incident would happen or not, it will depend on the
presence and merging of intent, instrumentality and opportunity at the same
time and in the same place. The absence of any one ingredient, will mean that
there shall be no crime.
The most that could happen is an accident arising out of reckless
imprudence, where there is no intent. A freak crime incident occurs with all
the three elements present and simultaneously occurring at the same time and
place, though the victim is not the intended one.
The Nature and Extent of Crime

There are various methods of classifying crimes. According to Luis B.

Reyes, (1998), in his book Criminal Law, crime are as: crimes against persons,
crime against property, crimes against personal liberty and security, crimes
against chastity, crimes against the civil status of persons, crimes against
honour, crimes committed by public officers, crimes against public morals,
crimes against public interest, crimes against public order and crimes against
the fundamental laws of the State.
The following are the Classification of Crimes:

1. Atrocity or Gravity - crimes are committed at different degrees of

seriousness. It can be observed on the harm or damage that resulted from a
criminal act.
Atrocity or Gravity of the offense may be categorized as felony or
misdemeanour. The more serious are called felonies and are punishable by
death or by confinement in a state prison; the less serious are called
misdemeanours and are usually punishable by confinement in a local jail or by
paying fines.
The classification of crimes as felonies and misdemeanours is also used
as a classification of criminals. The individual who commits a felony is a felon,
and the individual who commits a misdemeanour is a misdemeanant.
 2. Motives of the offender – the reason or reasons of the offender for doing
something or behaving in a specific way is his/her motive in committing the act
and it can be categorized into:
a) Economic Motive – the reason for the act is for economic gain. For
example:
 Kidnap for ransom
 Illegal importation
 Sabotage
 Counterfeiting
 Corruption
 Robbery
 Smuggling
 b) Sexual Motive – a directive towards sexual gratification. Or, monetary
gain in exchange of sexual gratification on the part of the client. For example:
 Rape
 Prostitution
 Acts of lasciviousness
c) Political Motive – defines political motive as “motive carried for
reasons that best serve a desired outcome rather than for other reasons such as
being morally justifiable.” For example:
 Graft and corruption
 rebellion
 3. Statistical Purposes – It is imperative to gain awareness on the statistics
of crime incidence and this is one purpose why there is a need to classify
crimes. Classifying crimes for statistical purpose would enable us to be aware
of the frequency of the commission of such crimes as:
 How many crimes against person were committed in a quarter of a year?
 How many crimes against property were committed annually?
 How many crimes against dishonesty were committed semi-annually?
 How many crimes against public decency, public order or public morality
are committed in a certain period of time?
 4. Theoretical Purposes – for theoretical purposes, each class should be
sociological entity, differentiated from the other classes by variations in social
processes, such as:
a) Professional Crimes – differentiated from other crimes by the
regularity of behaviour, development of skills and techniques, association
among offenders, consequent development of a group culture. Usually, crimes
committed by organized/syndicated criminals. For example:
 Drug trafficking
 Syndicated crimes
b) Habitual Crimes – offenses that are either habits in the literal sense
of the word, which have been made illegal or these are crimes in the common
acceptance of the term, repeatedly but not skilfully performed.
For example:
 those that are committed by disorderly drunkards;
 drug addicts
 Vagrants
 Petty thieves
 Dope peddlers
 Prostitutes
c) Recidivism – it refers to the act of committing the same type of crime at
a certain period of time. For example:
A person was arrested, convicted and have served imprisonment for a crime of
robbery. After being freed from imprisonment for not more than two years, he
again committed robbery. This person is considered a recidivist.
 d) Occasional crimes – commits crime perhaps only once, perhaps
separated by long intervals of time. The offender commits a crime only when
occasion paves opportunity.

Who is Criminal?
It goes without saying that “if there is no crime, there can never be a
criminal”, but not in the sense when a person who has not actually committed
the crime but was convicted via circumstantial evidence. He is a criminal in the
legal sense but there was no crime that he committed.
Oftentimes, the term “criminal” is referred to a person who has
violated a law. It may be correct when it is viewed from the social definition of
crime, but not in its legal point of view.
 Legally, the term “criminal” refers to a person who had been
convicted by the court for the commission of crime.
In some instances, the term “criminal” does not apply where a crime
had been committed but was not detected nor reported, nobody knew that a
law had been violated, no witness has seen the commission of crime, and no
one had been convicted for that matter.
Ideally, a person can be branded a criminal under the following
consummated circumstances:
 That the person has actually committed the crime
 That he must have been apprehended and investigated by the police
 That by virtue of sufficient physical evidence and testimony, he must have
been arrested
 That due to the presence of prima facie evidence, the case was forwarded to
court by the investigating fiscal/prosecutor
 That there was an arraignment
 That there was trial
 That the offender was found guilty and a sentence was rendered by the court
 That the convicted person was confined in a correctional institution to serve
his sentence