Criminology

 In its broadest sense, criminology is the entire body of knowledge regarding crimes and criminals, and the effort of
the society to prevent and repress them.
 In a narrower sense, criminology is the scientific study of crimes and criminal behavior.
 refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention and solution of crimes.
(R.A. No. 11131)

Nature of Criminology
1. It is an applied science.
In the study of the causes of crimes, natural sciences such as anthropology, psychology and sociology may be
applied. While in the crime detection applied sciences such as chemistry, medicine, physics, mathematics, ballistics,
polygraphy, legal medicine and questioned document examination may be utilized. This called INSTRUMENTATION.
2. It is a social science.
In as much as crime is a social creation that exist in a society being a social phenomenon, its study must be a part of
social science. This means that the study of criminology includes not only the study of crimes and criminal behavior but also
the reaction of society towards crime and criminal behavior.
3. It is dynamic.
Criminology changes as social condition changes. It is related with advancement of other sciences that been applied
to it. This further means that criminology is relative. The study of crime changes when criminal laws, values, beliefs, social
structure, and other social factors change. The study of crime changes when its definition changes.
4. It is interdisciplinary
Many disciplines are involved in the study of crimes and criminal behavior. Among them are sociology, psychology,
psychiatry, economics, political science, and so on.
5. It is nationalistic
The study of crimes must be in relation with the existing criminal law within the territory or country. Finally, the
question as to whether an act is a crime is dependent on the criminal law of a state.

Edwind H Sutherland
 the father of American Criminology. Criminology is the entire body of knowledge regarding crime as a social phenomenon. It
includes the scientific study of making of laws (sociology of law), breaking of laws (criminal etiology) and reacting towards the
breaking of laws (penology).
Raffaele Garofalo
 An Italian law professor who coined the term “criminologia”.
Paul Topinard
 French Anthropologist who coined the term “criminologie”.
Criminal Etiology – division of criminology which attempt to provide scientific analysis of the causes of crime.
Sociology of law - division of criminology which attempt to provide scientific analysis of the conditions under which penal or criminal law
develop as a process of formal social control.
Penology – study of the control of crimes and the rehabilitation and treatment of offenders.
Criminal Demography – study of the relationship between criminality and population.
Criminal Epidemiology – study of criminality in relation to spatial distribution in a community
Criminal Ecology – study of the relationship between environment and criminality
Criminal Physical Anthropology – study of criminality in relation to physical constitution of men
Criminal Psychology – study of human mind and behavior in relation criminality
Criminal Psychiatry – study of mental and behavioural disorders in relation to criminality
Victimology – study of the role of the victim in crime commission.
Criminologist – is any person who is a graduate of the degree of criminology, who has passed the examination for criminologists and is
registered as such by the Board (Section 22, R.A. 6506).

R.A. No. 6506 – an act creating the board of examiners for criminologist in the Philippines and for other purposes.

Criminologist – is a professional who studies crime, criminals, criminal behavior and efforts to control crime (Reid,1997).

CLASSICAL SCHOOL - “Crime is the result of the free-will of men”. The basis od criminal liability is human free-will, and the purpose of
penalty is retribution.
CESARE BECCARIA – Father of Classical School
HEDONISM” – The idea held by the classical, that people only act according to what they find pleasurable and in their self-interest.
Human beings choose those actions that give pleasure and avoid that those bring pain.
JEREMY BENTHAM He is best known as an early advocate of “utilitarianism” and fair treatment of animals that influenced the
development of liberalism. He invented the Panopticon (all seeing-eye).
Panopticon is a type of institutional building and a system of control designed by the English philosopher and social theorist Jeremy
Bentham in the 18th century.
- A circular prison with cells arranged around a central well, from which prisoners could at all times be observed.

Utilitarianism – refers to the theory that the overall utility or benefit produced by an action ought to be the standard by which we judge
the worth or goodness of moral and legal action.
NEO-CLASSICAL SCHOOL - “Crime is the result of human free will but they commit crime due to some compelling reasons prevailed”.
The neo-classical school of criminology is a modification of classical theory; it believed that certain factors such as insanity will inhibit
the exercise of free will.
POSITIVIST SCHOOL (Criminals are born). The basis of criminal liability is determinism and the purpose of penalty is reformation.
Determinism - refers to the view that an individual’s criminal lifestyle or actions is the direct result of genetic inheritance or biological
predisposition.

Positivism – (1) it refers to the evolutionary assumptions and scientific methods of the positivist school of criminology. (2) it is used to
characterize all approaches to criminology that are primarily concerned with questions of etiology, and which believed that social
phenomena can and should be explained in the manner of the natural sciences.
AUGUSTE COMTE is considered the father of positivist school and sociology. He applied scientific methods in the study of society,
from where he adopted the word Sociology.
CESARE LOMBROSO an Italian criminologist, scientist, university professor, prison doctor and founder of criminal anthropology. He
was one of the largest contributors to biological positivism and founder of the Italian School of Positivist Criminology. Lombroso is
widely known as the father of modern criminology. Lombroso wrote “The Criminal Man”.
Enrico Ferri is the best-known of Lombroso’s associates. Ferri believed that criminals could not be morally responsible because they
did not choose to commit crimes but rather were driven to commit them by conditions in their lives.
RAFFAELE GAROFALO According to Garofalo, “natural crimes” are those that offend the basic normal sentiments of probity,
which mean respect for the property of others, and piety or avoidance of causing infliction of sufferings to others. Influenced by the
theory of Darwin, Garofalo suggested that the death penalty could rid the society of its maladapted members, just as the natural
selection process eliminated maladapted organisms.

Bill of Attainder – this is a law which allows condemnation without judicial trial.
Ex Post Facto Law – it is a law which make certain acts punishable even if the act is not punishable at the time of its commission.
Criminal Law is that branch or divisions of law which defines crimes, treats of their nature and provides for their punishment.
Law is defined as formal social control involving the use of rules, norms that are enacted, interpreted, administered and enforced by
specialized agents of the political state or community.
Law is also defined as a rule of conduct promulgated duly constituted authority
General - in that criminal law is binding on all persons who live or sojourn in Philippine territory.
Territorial - in that criminal laws undertake to punish crimes committed within Philippine territory.
Prospective - in that penal law cannot make an act punishable in a manner in which it was not punishable when committed.
Act No. 3815 – otherwise known as “The Revise Penal Code”
Revised Penal Code – it is the book that contains the Philippine Criminal Law. It was enacted on December 1930, and took effect on
January 1, 1932.
Crime – is an act committed or omitted in violation of public law forbidding or commanding it. Crime is also defined as an act that
violates the law of the nation. Acts defined and penalized by the Revised Penal Code are called Felonies, while acts defined and
penalized by Special laws are called Offenses.
Special Law is a statute enacted by Congress, penal in character, which is not an amendment of the Revised Penal Code.
Delinquency/Misdemeanor/Infraction – it is an act that is in violation of a simple rule or regulation, a minor violation of the law. It usually
refers to those committed by minor offenders such as violations of city or municipal ordinances. Examples are jaywalking, littering, and
certain traffic violations.
Mala in se – the term means “evil in itself.” They are crimes that are wrong in themselves. The term mala in se, refers generally to
felonies defined and penalized by the Revised Penal Code (RPC)
Mala prohibita – this means “wrong because it is prohibited.” They are offenses that are illegal because law define them as such. The
term mala prohibita, refers generally to acts made criminal by special laws.
dolo or deceit - when the act is performed with deliberate intent (intentional felony);
fault or culpa - when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill (culpable felony).
Attempted felony – when the offender commences the commission of the felony directly by overt acts and does not perform all the acts
of execution, which could produce the felony by reason of some causes or accident other than his own spontaneous desistance.
Frustrated felony - when the offender performs all the acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
Consummated - when all the elements necessary for its execution and accomplishment are present.

Definition of Criminal
  In the legal sense, a Criminal is any person who has been found to commit a wrongful act in the course of the standard judicial
processes. There must be a final verdict of his guilt.
 In the criminological sense, a person is already considered criminal the moment he committed any anti-social act.

Classification of Criminals (Revised Penal Code)

1. Recidivist – is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another
crime embraced in the same title of the revised penal code.
2. Quasi-recidivist – is one who commits another crime after having been convicted by final judgment of a crime falling under
either the Revised Penal Code or Special Law, before beginning to serve such sentence or while serving the same.
3. Habitual delinquent – is one who, within the period of ten (10) years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery, estafa, or falsification, is found guilty of any of the said crimes for
the third time or oftener.