RODUCTION TO CRIMINOLO

POLA L. ENERO RCrim

What are the definitions of Criminology?
Criminology is the body of
knowledge regarding crimes as a social
phenomenon. It includes within its
scope the process of making laws, of
breaking laws, and of reacting towards
the breaking of laws. The objective of
the criminology is the development of a
body of general and verified principles
and of other types of knowledge
Note!
Edwin Sutherland is regarded as the
“Dean of Modern Criminology” and the
“Father of American Criminology”.

Criminology may also refer to the

scientific study of crimes, criminals, and
victims. It also deals with prevention,
and solution of crime (Sec. 4, par. e of
RA 11131).
What is the Origin of the word
Criminology?
a. Etymologically, the term
criminology came from the latin word
“crimen” meaning crime and Greek
word “logos” which means “to study”.
b. In 1885, Raffaele Garofalo, an
Italian Law Professor coined the term
“criminologia”
c. In 1887, Paul Topinard, French
Who are Criminologist?
In general, criminologist are persons
who study crimes including how society
responds to it, criminals and criminal
behavior and explore the nature, causes,
consequences, and prevention of crimes.
In the legal sense, registered
criminologists refers to a natural person
who holds a valid certificate of registration
and an updated professional identification
card as a criminologist issued by the
What are the principal divisions of
Criminology?
According to Edwin H. Sutherland
and Donald Cressey, the science of
criminology “includes within its
scope the processes of making laws,
of breaking laws, and reacting
towards the breaking of laws”. In
the opinion of Sutherland,
a. Sociology of Law- an attempt at
scientific analysis of the conditions
under which criminal laws has
developed as a process of formal or
social control. In this we study the
nature of crime from legalistic point
of view. Also, we investigate into
the effects of present laws upon
crime and study the possible
b. Etiology of Crimes- an attempt
at scientific analysis of the cause
or crime. In this department, a
systematic investigations into
the various causes of crime is
made. Here we study the social
and personal factors responsible
for the occurrence of crime and
c. Penology- it is the division of
criminology which deals with
punishment of crime and jail
management. Beside knowledge and
determination of the causes and
factors, which generate or encourage
crime, it is equally, if not more,
essential to know the ways and means
of controlling and preventing the
crime. This aspect is studied
Is Criminology a Science or Not?
Edwin H. Sutherland and Donald
R. Cressey, American authors of the
book “ Principle of Criminology,”
claim that criminology at present is
clearly not a science, but it has hope
of becoming science since the
causes of crimes are almost the
same which may be biological,
However, George L. Wilker, argued that
criminology cannot possibly become a
science. Accordingly. General
propositions of the universal validity
are the essence of science; such
propositions can be made only
regarding stable and homogenous unit
but varies from one time to another;
therefore, the universal propositions
On the other hand, Cirilo M. Tradio
humbly submits that criminology is a
science. The argument is that, crime
is universally defined, is the
commission and omission by a
person having capacity, of any act,
which is either prohibited or
compelled by law, and the
commission or omission of which is
Criminology, however, at present
is not an absolute science, for
anything , which is absolute, is
the same at all times in all
places. Thus, an act or omission
may be punishable in one
country but may not be
What are the Natures of
Criminology?
The study of criminology is a
complex phenomenon which
requires a methodological and
balanced approach of study taking
into consideration the following
nature:
b. Applied Science- in the study of the
causes of crimes, anthropology,
psychology, sociology and other
natural sciences may be applied.
While in crime detection, chemistry,
medicine, physics, mathematics,
ballistics, polygraphy, question
document may be utilized.
c. Nationalistic- the study of crimes
must be in relation with the existing
“The State has the authority, under its
police power, to define and punish
crime. State, as part of their police
power, have a large measure of
discretion in creating and defining
criminal offenses.”

d. Dynamic- Criminology changes as

social conditions changes. It is
concomitant with the advancement of
What is the Scope and Breadth of
the study of Criminology?
a. Study of the origin and
development of Criminal law.
b. Study of the causes of crimes
and development of criminals.
c. Study of the other sciences and
examine criminal behavior using
scientific methods as:
• Criminal Demography- the study of
the connection between the
criminality and population.
Note! Rawson W. Rawson – utilized
crime statistics to suggest a link
between population density and crime
rates with crowded cities creating an
environment conducive.
• Criminal Epidemiology- the study of
the correlation between environment
and criminality.
• Criminal Ecology- the study of law-
breaking in relation to the spatial
distribution in the community. This
particular science blames the rapid
increase on community or societal
congestion in terms of number of
houses that causes lessening of
spaces that probably can be source
of criminality.
• Criminal Physical Anthropology- the
• Criminal Politics- a science
consisting of principles with which
the Government organizes its
fight against criminality. The
bases are knowledge of criminal
law, of criminality, penalties and
other measures of social defense.
• Criminal Psychiatry- the study of
human mind in relation to
• Criminological Research- study of
crime associated with antecedents
variables, state of crime trend.
• Forensic Chemistry- the application of
chemical doctrines in the solution of
problems that arise in connection with
the administration of justice.
• Forensic Medicine- object is to place
medical knowledge at the disposal of
the administration of justice, mutually
SCHOOL OF THOUGHT
IN CRIMINOLOGY
What is school of thought?
It is the term that refers to a
group of ideas that support of a
specific theory.

What is theory?
it is the set statements devised
to explain behaviors, events or
phenomenon, especially one that
 Pre-Classical or Demonological School
During the 17th century, the
demonological theory flourished in Europe
with the dominance of the church and
religion. During this time were not much of
scientific explanations for the causation of
crime and the concept of crime was vague
and obscure.
Hence, the explanations for criminal
behavior were sought through spirits,
demons and unknown power. The principle
behind this concept was that a man commits
Ideas:
• Criminals are possessed by some evil
spirit that forced them to commit evil
deeds.
• A crime is a product of a free will, but
rather it is determined by forces
beyond the control of an individual.
• The Godly forces to keep a man away
from crime and help him to do good,
whereas the devilish forces distract
Crime Control:
To drive away the evil spirits/demons
from the mind and/or body of a
perceived criminal, the following
approaches may be adopted:
1. Exorcising 7.
Trephining
2. Lacerating 8.
Beating
3. Macerating 9.
• The theory’s claim cannot be
testable/proved scientifically,
since it is based on faith.

• Punishments imposed on criminals

are said to be arbitrary, irrational,
cruel and barbaric.
 CLASSICAL SCHOOL
a. According to classical criminologist,
individuals have “free will” or rationale
choice (the power to distinguished right
from wrong).
b. The main belief of this school is that all
men are self-seeking and therefore they
tempt to commit the offense.
c. The focus is on crime, rather that
criminal.
d. This theory, however, does not give any
Who are the founders of classical
school?
a. Cesare Bonesana Marchese Di
Beccaria (1738-1794)
• He is an Italian philosopher and
politician best known for his treatise
“Dei Delitti e Delle Pene” or “On
Crimes and Punishment” in 1764,
which condemned torture and the
death penalty and was a founding
• His book contains almost all modern
penal reforms, but its greatest
contribution was the foundation it laid
for subsequent changes in criminal
legislation.

• His book was influenced in the

reforms of penal code in France
(1791), Russia, Prussia and it
What are the highlights of Cesare Beccaria’s
ideas regarding crimes and the criminal
justice system?
• “In forming a human society, men and
women sacrifice a portion of their liberty
so as to enjoy peace and security”.
• “Punishment that go beyond the need of
preserving the public safety are in their
nature unjust”.
• “Criminal laws must be clear and certain.
Judges must make uniform.
• Accusations must be public. False
accusations should be severely
punished.
• “To torture accused offenders to
obtain a confession is admissible.”
• “The aim of punishment can only be to
prevent the criminal from committing
new crimes against his countrymen,
and to keep others from doing
likewise.” Punishments, therefore,
and the method of inflicting them,
• “It is better to prevent crimes that
to punish them. That is the chief
purpose of all good legislation.

• The promptitude of punishment is

one of the most effective curbs on
crime.

• Capital punishment is
b. Jeremy Bentham (1748-1832)
• He was an English jurist, philosopher,
and legal and social reformer. He
advocated utilitarianism and fair
treatment of animals that influenced
the development of liberalism.
• He also designed the Panopticon
prison.
“the design is to allow observer to
observe (-opticon) all (pan-) prisoners
without the prisoners being able to tell
• He proposed “Utilitarian Hedonism” which
explains that person always acts in such a
way to seek pleasure and avoid pain.
• He also developed the Utilitarianism or the
“greatest happiness theory.”
• He devised the pseudo-mathematical
formula called “Felicific Calculus.”
Note!
Felicific Calculus or the pleasure-and-pain
principle – is a theory that proposes that
individuals calculate the consequences of his
actions by weighing that pleasure (gain) and
• He reasoned that in order to deter
individuals from committing the
crime, the punishment, or pain,
must be greater that the
satisfaction, or pleasure, he would
gain from committing the crime
 NEO CLASSICAL
a. The SCHOOL
classicist maintained that
humans are “totally responsible” for
their actions. The neo-classicist said,
“not always.”
b. According to this theory, no person
has total free will.
c. This school accepted the fact that
crime is committed in accordance
with the free will of man BUT the act
d. These causes are pathology,
incompetence, and insanity or any condition
that will make it possible for the person to
exercise the free will entirely.
e. In the study of legal provisions, this is
termed as either mitigating or exempting
circumstances.

Note!
Under the RPC, there are five
circumstances affecting the criminal liability
of an individual. They are Justifying (Art.
What are the effects of neo-classical?
a. Children and lunatics are exempted
from punishment.
b. Certain mitigating circumstances
should be taken into account.
 POSITIVIST OR ITALIAN SCHOOL
a. August Comte is the “Father of
Sociology.” Those who follow his works
are called “the positivist.”
b. Late 18th Century, shift from philosophical
to a scientific perspective.
c. Positive theorist were the first to claim
the importance of looking at individual
difference among criminals.
d. The positivist opposed the classical
schools understanding of crime.
e. As per positivist, every person is different
f. This school is composed of Italians
who agreed that in the study of crime
the emphasis should be on specific
treatment of the criminal, not on the
penalties to be imposed after
conviction.
g. It maintained that crime as any other
act is a natural phenomenon and is
comparable to disaster or calamity.
h. That crime as a social and moral
phenomenon which cannot be treated
 This school presumes that criminal
behavior is caused by internal and
external factors outside of the
individual’s control. Scientific method
was introduced and applied to study
human behavior. Positivism can be
broken up into three segments which
include biological, psychological, and
social positivism.
What is the scope of the 3 Segments of
Positivism?

1. Biological Positivism- Includes the study

of following theories in relation to
criminality: criminal anthropology,
phrenology, physiognomy, heredity and
other similar theories.
2. Psychological Positivism- it related
criminality through the study of the
following theories:
psychodynamics/psychoanalytical theory,
 Who are the positivist trio or the
Holy Three of Criminology?
a. Cesare Lombroso
b. Enrico Ferri
c. Raffaele Garofalo
a. CESARE LOMBROSO (1836-1909)
• He was the “Father of Modern
Criminology.” and has the largest
contributions to biological positivism
through scientific approach.
• Published a book entitled “The Criminal
Man”.
• Criminality was inherited and that
someone “born criminal” could be
identified by physical defects.
• He claimed that criminals are
• Atavistic Stigmata

 According to his theory, criminals are

usually in possession of huge jaws and
strong canine teeth, the arm span of
criminals is often greater than their
height, just like the apes who use their
forearms to push themselves to the
ground.
 Other physical stigmata include deviation
in head and shape, asymmetry of the face,
excessive dimensions of jaw and
What are the categories of criminals
according to Lombroso?
The categories of criminals according to
Lombroso are the ff.
a. Born Criminals – are people with atavistic
characteristics.
b. Insane Criminals – include idiots,
imbeciles, and paranoiacs as well as
epileptics and alcoholics.
c. Occasional Criminals or Criminaloids –
whose crimes are explained primarily by
opportunity, although they have to innate
b. ENRICO FERRI (1856-1929)
• A student of Lombroso, believed that social as
well as biological factors played a role, and held
the view that criminals should not be held
responsible for the factors causing their
criminality were beyond their control.
• Ferri argued that criminal behavior could be
explained by studying the interaction of range
factors. He observed:
First, physical factors in relation to crime
such as race, geography and temperature.
Second, individual factors in relation to
crime such as age, sex, and psychological
variables.
c. RAFFAELE GAROFALO (1852-1934)
• Italian Jurist and a student of Cesare
Lombroso
• He traced the roots of criminal behavior
not on physical features but in their
psychological equivalent which he called
“moral anomalies”. This means that
criminals were lacked properly developed
altruistic sentiments.
• Unlike Lombroso’s emphasis on criminals
can be distinguished through physical
features, and unlike Ferri’s emphasis on
What are the types of criminals according to
Garofalo?
a. Murderer (vengeance and revenge) – this
refers to a criminal who kills another person
and is satisfied from vengeance or revenge.
b. Violent Criminal (Commits very serious
crimes) – this criminal lacks pity and can be
influenced by environment factors such as
consumption of alcohol or the fact that
criminality is endemic to criminal’s
particular population.
c. Deficient Criminal (commit crimes against
property) – it refers to a person who
CRIME, CRIMINAL LAW
AND CRIMINALS
 CRIME
What is a Crime?
Crime is an act committed or
omitted in violation of public law,
forbidding or commanding it.
Societies enacted laws to criminalize
acts that are viewed to be deviant of
offensive to their moral sense.
Conversely, the Latin maxim “nullum
crimen nulla poena sine lege”
 SUB-CLASSIFICATION OF CRIMES

LAWS ACTS/
OMISSION
Revised Penal Code Felony
(RPC)
Special Penal Laws Offense
(SPL)
What is Crime Typology?
It refers to the type of a particular
crime category, such as the following:
a. Violent Crime – where violence was
used in its commission.
b. Economic Crime – committed to bring
financial gain to the offender.
c. Public Order Crime/ Victimless Crime –
are unlawful acts that interferes the
operation of society and the ability of
people to function efficiently. It is called
What are the elements of crime?
Criminological concept posits that
crime exist through the presence of:
a. Motive - it refers to the moving
power which impels one to act for a
definite result.
b. Opportunity – refers to the chance
given to the offender in committing
crime.
c. Instrumentality or Capability –
Instrumentality means to the use of
What are the classes of crime?
a. Crime Mala in Se (BAD IN ITSELF) –
acts that are outlawed because they
violate basic moral values such as rape,
murder, assault and robbery. Mala In Se
crimes are those serious in their effects
on society as to call for almost
unanimous condemnation of its member.
b. Crime Mala Prohibita (Crime
because society says they are) – are
violations of mere rules of convenience
What are the reasons why must members of
society be interested in crimes?
a. Crime is pervasive – crime as an associate
of society affects almost all people.
b. Crime is Expensive - the government and
private sector spend an enormous amount of
money for crime detection, prosecution, correction
and prevention.
Those expenses are other:
- Direct expenses – for the maintenance or the
police and security guards for crime detection,
prosecution, and judiciary, support of prison
system.
- Indirect expenses – utilized to prevent the
Distinctions between Crime, Sin and
Immorality:
a. Crime – is against the penal law of
a state (Nationalistic)
b. Sin – is against the spiritual or
divine law.
c. Immortality – is against the
unwritten social norms in locality
(regionalistic).
c. Crime is Destructive – many lives and
properties have been lost and
destroyed.
d. Crime is reflective – crime rate or
incidence in a given locality is reflective
of the effectiveness of the social
defenses employed by the people
primarily of the police system.
e. Crime is progressive – increase in the
volume of crime is on account of the
 FELONY AS A CRIME
Felony is an act and omission
punishable by law specifically the
Revised Penal Code. Felony is
committed not only by means of fault
(culpa) but also by means of dolo
(deceit).
Note! All Felonies are crimes but not all
crimes are felonies.
Legal Classification of Crimes or Felony
1. As to the manner of commission:
a. By means of dolo or deceit
(Intentional felony). If it is not done with
deliberate intent.
Requisites:
-Freedom, Intelligence, Intent.
b. By means of culpa or fault
(Culpable felony). If the wrongful act
resulted from imprudence (deficiency of
action) or negligence (deficiency of
2. As to the Stages in the commission of
crimes:
a. Attempted Crime
-Offender commences the felony directly
by overt acts.
-Does not perform all acts which would
produce the felony.
-His acts are not stopped by his own
spontaneous desistance.
b. Frustrated Crime
- Offender performs all the acts of the
execution. All these acts would produce the
3. As to the Plurality of Crimes
a. Simple Crime – a single act
constitute only one offense.
b. Complex Crime – when single act
constitute two or more grave or less
grave felonies (compound crime) or
when an offense is a necessary means
for committing the other (complex crime
proper).
4. As to the gravity of penalty of
offense:
a. Grave Felonies – if the law
attaches Capital Punishment and
Afflictive Penalties and fine exceeds of
P6,000.00.
b. Less Grave Felonies – Correctional
Penalties and if the fine not exceed 6k
and not less than 200.
c. Light Felonies – Arresto Menor and
Capital Punishment: Death
Afflictive Punishment:
Reclusion Perpetua
Reclusion Temporal
Perpetual or temporary absolute
disqualification
Perpetual or temporary special
disqualification
Prision Mayor
Correctional Penalties:
Prision Correctional
Arresto Mayor
Light Penalties:
Arresto Menor
Public Censure
Penalties common to the three
preceding classes:
Fine
Bond
5. As to the basis of Criminal Act:
a. Crimes against national security and the law of
nations
b. Crimes against the fundamental laws of the state
c. Crimes against public order
d. Crimes against public interest
e. Crimes relative to opium and other prohibited drugs.
f. Crimes against public morals
g. Crimes committed by public officials
h. Crimes against person
i. Crimes against liberty and security
j. Crimes against property
k. Crimes against chastity
l. Crimes against the civil status of persons
m. Crimes against honor
 CRIMINOLOGICAL CLASSIFICATION OF
CRIMES
1. According to the result of the crime:
a. Acquisitive Crime – the offender
acquires something.
b. Extinctive Crime – the consequence of
the act is destructive

2. According to the time or period of the

commission of the crime:
a. Seasonal Crime – committed during a
certain period of the year.
3. According to the length of time of the
commission of the crime:
a. Instant Crime – committed in the
shortest possible crime.
b. Episodic Crime – committed by a
series of acts in a lengthy space of
crime.
4. According to the place or location:
c. Static Crime – committed in only one
place.
5. According to the mental faculties:
a. Rational Crime – committed with intent
and the offender is in full possession of
his sanity.
b. Irrational Crime – committed by an
offender who does not know the nature
and quality of his act on account of the
disease of the mind.
6. According to the type of offender:
c. White-Collar Crime – committed by a
person belonging to the upper s ocio-
economic class in the course of his