THEORIES OF CRIME CAUSATION 2.

Sociology of Law – refers to the

investigation of the nature of criminal law and
Prepared by:
its administration.
Mark B. Ibisate, RCrim, MSCJ(c), MAEd(u), CST,
CSP, CCPS 3. Penology – the study of the control of
crimes and the rehabilitation of offender.

What is CRIMINOLOGY?
Is Criminology a Science?
✓ According to Edwin H. Sutherland:
✓ “Criminology is the entire body of According to George Wilker
knowledge regarding crime as a social ✓ Criminology cannot become a science
phenomenon. because it has not yet acquired
✓ It includes within its scope the process universal validity.
of making of laws, of breaking of
laws, and the society’s reaction towards
Is Criminology a Science?
the breaking of laws.”
✓ Criminology is a body of knowledge According to Edwin H. Sutherland
regarding crimes, criminals and the ✓ Hoped that it will become a science in
efforts of society to prevent and repress the future since the causes of crimes
them. are almost the same which may be
✓ *In narrower sense … criminology biological, environmental or combination
refers to the study of crimes and of the two.
criminals.

Nature of Criminology
Origin of the word “Criminology” 1. Social Science
Etymologically, the term “Criminology” came ✓ Crime is a societal creation and that it
from the … exists in a society.
✓ Latin word “Crimen” meaning Crime. ✓ Crime is a social problem which has a
✓ Greek word “Logos” which means “To great impact to society.
Study” 2. Applied Science (INSTRUMENTATION)
✓ *other sciences may be applied and
In 1885 Rafael Garofalo, an Italian Law used in the study of the causes of crime
Professor coined the term “Criminologia” and in crime detection/ investigation/
solution
In 1889 Paul Topinard, French Anthropologist, 3. Nationalistic
used the term criminology in French ✓ The study of criminology takes into
“Criminologie” for the first time. consideration the history, the culture
and the social norms and the laws of the
country.
Principal Divisions of Criminology
✓ Each country has its own set of laws
1. Etiology of Crimes – the scientific analysis and crimes are defined by the laws of
of the causation of crimes and the criminal the country.
behavior.
4. Dynamic
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 ✓ Criminology changes as social condition system of law, punishment and justice that
changes. existed.
✓ Concepts of criminology and their ✓ There was no real system of criminal justice
applications adapt to the changing time. in Europe at that time.
✓ Some crimes were specified, some were
not. Judges had discretionary power to
SUB-FIELDS IN CRIMINOLOGY
convict a person for an act not even legally
✓ Criminal Demography – the study of the defined as criminal.
relationship between criminality and
population.
✓ Criminal Epidemiology – the study of the CLASSICAL SCHOOL OF CRIMINOLOGY
relationship between environment and ✓ This school of thought is based on the
criminality. assumption that individuals choose to
✓ Criminal Ecology – the study of criminality commit crimes after weighing the
in relation to the spatial distribution in a consequences of their actions.
community. ✓ According to Classical Criminologists,
✓ Criminal Physical Anthropology – the individuals have free will.
study of criminality in relation to physical ✓ They can choose legal or illegal means to
constitution of men. get what they want.
✓ Criminal Psychology – the study of ✓ Fear of punishment can deter them from
human behavior in relation to criminality. committing crime.
✓ Criminal Psychiatry – the study of human ✓ Society can control behavior by making the
mind in relation to criminality. pain of punishment greater than the
✓ Victimology – the study of the role of the pleasure of the criminal gains.
victim in the commission of a crime. ✓ This theory, however, does not give any
distinction between an adult and a minor or
a mentally-handicapped in as far as free will
SCHOOLS OF THOUGHT IN CRIMINOLOGY
is concerned.
School of Thought – refers to a group of
beliefs or ideas that support a specific theory.
CESARE BECCARIA
✓ Proponent of the Classical School and
Theory – set of statements devised to explain
Classical Theory
behavior, events or phenomenon.
✓ Best known for his essay, “On Crimes and
Punishment” which presented key ideas on
DEMONOLOGICAL THEORY - asserts that a the abolition of torture as legitimate means
person commits wrongful acts due to the fact of extracting confession.
that he was possessed by demons. ✓ His book contains almost all modern penal
reforms but its greatest contribution was the
foundation it laid for subsequent changes in
INTRODUCTION TO CLASSICAL SCHOOL
criminal legislation
OF CRIMINOLOGY
✓ The classical school of criminology grew
out of a reaction against the barbaric Beccaria believed that:

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✓ People want to achieve pleasure and avoid ✓ It is better to prevent crimes than to punish
pain. them. That is the chief purpose of all good
✓ Crime provides some pleasure to the legislation.
criminal.
✓ To deter crime, he believed that one must
JEREMY BENTHAM
administer pain in an appropriate amount to
counterbalance the pleasure obtain from ✓ Proposed “Utilitarian Hedonism” which
crime. explains that person always acts in such a
✓ Famous in sayings “ let the punishment fit way to seek pleasure and avoid pain.
the crime” ✓ Founded the concept of UTILITARIANISM
– assumes that all our actions are
calculated in accordance with their
HIGHLIGHTS OF CESARE BECCARIA’S likelihood of bringing pleasure and pain
IDEAS REGARDING CRIMES AND THE ✓ Devised the Pseudo-Mathematical
CRIMINAL JUSTICE SYSTEM Formula called Felicific Calculus or the
✓ In forming a human society, men and Pleasure-and-Pain Principle is a theory
women sacrifice a portion of their liberty so that proposes that individuals calculate
as to enjoy peace and security. the consequences of his actions by
✓ Punishments that go beyond the need of weighing the pleasure (gain) and the
preserving the public safety are in their pain (suffering) he would derive from
nature unjust. doing the action.
✓ Criminal laws must be clear and certain. ✓ He also states that individuals are
✓ Judges must make uniform judgments in human calculators who put all the
similar crimes. factors into an equation in order to
decide whether a particular crime is
worth committing or not.
HIGHLIGHTS OF CESARE BECCARIA’S
✓ He reasoned that in order to deter
IDEAS REGARDING CRIMES AND THE
individuals from committing crimes, the
CRIMINAL JUSTICE SYSTEM
punishment, or pain, must be greater than
✓ The law must specify the degree of the satisfaction, or pleasure, he would gain
evidence that will justify the detention of an from committing the crime.
accused offender prior to his trial.
✓ Accusations must be public. False
accusations should be severely punished. NEOCLASSICAL SCHOOL OF
✓ To torture accused offenders to obtain a CRIMINOLOGY
confession is inadmissible. ✓ This theory modified the doctrine of free will
by stating that free will of men may be
affected by other factors and crime is
HIGHLIGHTS OF CESARE BECCARIA’S
committed due to some compelling reasons
IDEAS REGARDING CRIMES AND THE
that prevail.
CRIMINAL JUSTICE SYSTEM
✓ These causes are pathology,
✓ The aim of punishment can only be to incompetence, insanity or any condition that
prevent the criminal from committing new will make it impossible for the individual to
crimes against his countrymen, and to keep exercise free will entirely.
others from doing likewise.
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✓ In the study of legal provisions, this is ✓ Known for the concept of ATAVISTIC
termed as either mitigating or exempting STIGMATA … the physical features of
circumstances. creatures at an earlier stage of
development.
✓ He claimed that criminals are
POSITIVIST SCHOOL OF CRIMINOLOGY
distinguishable from non-criminals due to
✓ The term “positivism” refers to a method of the presence of atavistic stigmata and
analysis based on the collection of crimes committed by those who are born
observable scientific facts. with certain recognizable heredity traits.
✓ Positivists believe that causes of behavior ✓ According to his theory, criminals are
can be measured and observed. usually in possession of huge jaws and
✓ It demands for facts and scientific proof, strong canine teeth, the arm span of
thus, changing the study of crimes and criminals is often greater than their height,
criminals into scientific approach. just like that of apes who use their forearms
✓ Positive theorists were the first to claim the to push themselves along the ground.
importance of looking at individual ✓ Other physical stigmata include deviation in
difference among criminals. head size and shape, asymmetry of the
✓ These theorists who concentrated on the face, excessive dimensions of the jaw and
individual structures of a person, stated that cheekbones, eye defects and peculiarities,
people are passive and controlled, whose ears of unusual size, nose twisted,
behaviors are imposed upon them by upturned or flattened in thieves, or aquiline
biological and environmental factors. or beaklike in murderers, fleshy lips,
swollen and protruding, and pouches in the
AUGUST COMTE cheek like those of animal’s toes.
✓ Lombroso’s work supported the idea that
✓ French philosopher and sociologist and is
the criminal was a biologically and
believed to be the one who reinvented the
physically inferior person
French term sociologie.
✓ He was recognized as the “Father of
Sociology and Positivism”. According to him, there are three (3)
Classes of Criminals
THE (UN) HOLY THREE (3) OF ✓ Born Criminals – individuals with at least
CRIMINOLOGY five (5) atavistic stigmata
✓ Insane Criminals – those who became
✓ Cesare Lombroso
criminals because of some brain defect
✓ Enricco Ferri
which affected their ability to understand
✓ Raffaelle Garofalo
and differentiate what is right from what is
wrong.
CESARE LOMBROSO ✓ Criminaloids - those with makeup of an
✓ Recognized as the “Father of Modern and ambiguous group that includes habitual
Empirical Criminology” due to his criminals, criminals by passion and other
application of modern scientific methods to diverse types.
trace criminal behavior, however, most of
his ideas are now discredited

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ENRICO FERRI CRANIOLOGY or CRANIOSCOPY or
✓ He believed that criminals could not be held PHRENOLOGY - the study of the external
morally responsible because they did not formation of the skull in relation to the person’s
choose to commit crimes, but rather were personality and tendencies toward criminal
driven to commit crimes by conditions in behavior.
their lives.
✓ He focused his study on the influences of FRANZ JOSEPH GALL
psychological factors and sociological
✓ He developed cranioscopy which was later
factors such as economics, on crimes.
renamed as phrenology.

RAFFAELE GAROFALO
JOHANN KASPAR SPURZHEIM
✓ He treated the roots of the criminals’
✓ Assistant of Gall in the study of phrenology.
behavior not to physical features but to their
✓ He was the man most responsible for
psychology equivalent, which he referred to
popularizing and spreading phrenology to a
as moral anomalies.
wide audience
✓ He rejected the doctrine of freewill.
✓ Classified criminals as Murderers, Violent
Criminals, Deficient Criminals, and PHYSIOLOGY or SOMATOTYPE
Lascivious Criminals. ✓ Refers to the study of body built of a person
in relation to his temperament and
THEORIES OF CRIME CAUSATION personality and the type of offense he is
most prone to commit.
BIOLOGICAL THEORIES
✓ Existence of criminal traits associates an
individual’s evil disposition to physical ERNST KRETSCHMER
disfigurement or impairment. He distinguished three (3) principal types of
physiques: Asthenic, Athletic, Pyknik and
Dysplastic
PHYSIOGNOMY – the study of facial features
and their relation to human behavior. ✓ Asthenic – characterized as thin, small and
weak.
✓ Athletic – muscular and strong
GIAMBIATISTA DELA PORTA ✓ Pyknic – stout, round and fat
✓ Founder of Human Physiognomy ✓ Dysplastic – combination of two body
✓ According to him criminal behavior may be types
predicted based on facial features of the
person.
WILLIAM HERBERT SHELDON
Formulated his own group of somatotype:
JOHANN KASPAR LAVATER Ectomorph, Mesomorph and Endomorph
✓ Supported the belief of dela Porta ✓ Ectomorph – tall and thin and less social
✓ He believed that a person’s character is and more intellectual than the other types.
revealed through his facial characteristics.

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 CHARLES GORING
✓ Mesomorph – have well-developed ✓ He believed that criminal traits can be
muscles and an athletic appearance. passed from parents to offspring
✓ Endomorph – heavy builds and slow through the genes.
moving. ✓ He proposed that individuals who
possess criminal characteristics should
be prohibited from having children.
HEREDITY
✓ The transmission of traits from parents to
offspring. INTELLIGENCE AS A FACTOR IN
CRIMINALITY
✓ The classic studies of the Juke and Kallikak
RICHARD LOUIS DUGDALE
families were among the first to show that
✓ studied the lives of the members of the feeblemindedness or low-intelligence can
jukes family and referred to ADA JUKES be inherited and transferred from one
as the Mother of Criminals generation to the next.
✓ he discovered that among the descendants
of Ada Jukes, there were 280 paupers, 60
thieves, 7 murderers, 40 other criminals, 40 ALFRED BINET – a French psychologist who
persons with venereal disease and 50 developed the first IQ test.
prostitutes
✓ He claimed that since families produce PSYCHOLOGICAL THEORIES
generations of criminals, they must have
✓ Refers to the theories that attribute
been transmitting degenerate traits down
criminal behavior of individuals to
the line
psychological factors, such as emotion
and mental problems.
HENRY GODDARD
✓ He studied the Kallikak family and found SIGMUND FREUD
that among the descendants from Martin
✓ He is recognized as the FATHER OF
Kallikak’s relationship with a feeble-
PSYCHOANALYSIS
minded lady, there were 143 feeble-
✓ Known for his PSYCHOANALYTIC
minded and only 46 normal, 36 were
THEORY
illegitimate, 3 epileptics, 3 criminals, 8
✓ According to him … criminality is caused
kept brothels, and 82 died of infancy;
by the imbalance of the three (3)
his marriage with a woman from a good
components of personality: the ID, the
family produced almost all normal
EGO, and the SUPEREGO.
descendants, only 2 were alcoholics, 1
was convicted of religious offense, 15
died of infancy and no one became
criminal or epileptic .
✓ He coined the term “moron”.

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Sigmund Freud ✓ Founder of Moral Statistics
According to him there are three parts of Cartographic school of criminology made use
personality: of statistical data such as population, age,
✓ ID – pleasure principle gender, occupation, religious affiliations and
✓ EGO – reality principle social economic status and studies their
✓ SUPEREGO - the conscience influences and relationship to criminality

SOCIOLOGICAL THEORIES MODERN SOCIOLOGICAL THEORIES

✓ Sociological factors refer to things, OF
places and people with whom we CRIME CAUSATION
come in contact with and which play a ✓ Environmental factors such as the kind of
part in determining our actions and rearing or family upbringing, quality of
conduct. teaching in school, influences of peers and
✓ These causes may bring about the friends, conditions of the neighborhood, and
development of criminal behavior. economic and other societal factors are
believed to be contributory to crime and
EMILE DURKHEIM criminal behavior.
✓ Stated that crime is a normal part of the
society just like birth and death. SOCIAL STRUCTURE THEORIES
✓ Proposed the concept of “anomie” or ✓ Refers not only to the physical features
the absence of social norms. of the communities but also to the way
society is organized.
GABRIEL TARDE ✓ Include such things as level of poverty
and unemployment and the amount of
✓ Introduced the Theory of Imitation
crowded housing which are believed to
which proposes the process by which
affect behavior and attitudes of
people become criminals.
individuals which in turn contribute to
✓ According to this theory, individuals
their commission of crimes.
imitate the behavior of other individuals
based on the degree of their association
with other individuals and SOCIAL DISORGANIZATION THEORY
✓ It is inferior or weak who tend to ✓ Popularized by Clifford Shaw and
imitate the superior and strong. Henry McKay.
✓ According to this theory, crimes in
ADOLPHE QUETELET urban areas are more prevalent
because residents have impersonal
&
relationships with each other.
ANDRE MICHAEL GUERRY ✓ Increase in the number of broken
✓ Repudiated the free will doctrine of the families and single parenthood are also
classicists very common in disorganized
✓ Founder of Cartographic School of communities.
Criminology.
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 ✓ Another feature of disorganized DIFFERENTIAL REINFORCEMENT THEORY
community is poverty as evidenced by ✓ According to this theory, individual’s
poor living conditions such as rundown behavior depends on how people
houses, unsanitary and unsightly streets around him react towards his behavior.
and high unemployment rates. ✓ An act that is rewarded is repeated; an
act that is punished will be avoided.
STRAIN THEORY
✓ Strain refers the individual’s NEUTRALIZATION THEORY
frustration, anger and resentment. ✓ Introduced by David Matza and
✓ Holds that crime is a function of the Gresham Sykes.
conflict between the goals people have ✓ Sometimes referred to as “drift theory”
and the means they can use to legally ✓ According to this theory, people know
obtain them. This also argues that the when they are doing something
ability to obtain these goals is class wrong; however, they rationalize and
dependent; members of the lower class justify their actions. This rationalizing
are unable to achieve these goals which is what we called “neutralization”.
come easily to those belonging to the
upper class. Consequently, they feel
anger, frustration and resentment, SOCIAL REACTION THEORY
referred to as STRAIN. ✓ More commonly called LABELING
THEORY.
✓ States that people become criminals
CULTURAL DEVIANCE THEORY
when significant members of society
✓ According to this theory, because label them as such and they accept
people in the lower class feel isolated those labels as a personal identity.
due to extreme deprivation or
poverty, they tend to create a sub-
culture with its own set of rules and SOCIAL CONTROL THEORIES
values. This is characterized by deviant ✓ Maintain that everyone has the potential
behavior which results in criminal to become criminal but most people are
behavior among its members. controlled by their bonds to society.
✓ Social control refers to the agencies of
social control such as family, school,
DIFFERENTIAL ASSOCIATION THEORY
religion or church, government and laws
✓ Formulated by Edwin Sutherland and other identified authorities in
✓ This theory states that criminal society.
behavior is learned through
socialization.
✓ Criminal behavior is learned in CONTAINMENT THEORY
interaction with other persons in a ✓ Proposed by Walter Reckless
process of communication. ✓ Containment means the forces within
and outside the individual that has the
power to influence his actions.

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 ✓ Inner containments: positive self- enables another person (criminal) to
concept, tolerance for frustration and an operate the crime.
ability to set realistic goals. ✓ Motive – Reason or cause of why a person
✓ Outer containments: family or group of person will perpetrate a crime.

SOCIAL BOND THEORY CLASSIFICATION OF CRIMES

✓ Propagated by Travis Hirschi
✓ Views crime as a result of individuals LEGAL CLASSIFICATIONS
with weakened bonds to social
According to law violated:
institutions.
✓ FELONY – an act or omission
According to this theory, there are four (4)
punishable by law which is committed
elements of social bonds:
by means of dolo (deceit) or culpa
Attachment, Commitment, Involvement And (fault) and punishable under the
Belief. Revised Penal Code
✓ ATTACHMENT – refers to the degree to ✓ OFFENSE – an act or omission in
which an individual care about the violation of a special law
opinions of others. ✓ INFRACTION – an act or omission in
✓ COMMITMENT – refers to an violation of a city or municipal
individual’s investment of energy and ordinance
emotion in conventional pursuits, such
as getting good grades.
According to the manner of committing
✓ INVOLVEMENT – refers to the amount
crime:
of time an individual spends on a
conventional pursuit. By means of dolo or deceit
✓ BELIEF – refers to acceptance of the ✓ if the crime is committed with
norms of conventional society. deliberate intent. Thus, it is called
intentional felonies.
• Freedom or Voluntariness
CRIMES AND CRIMINALS
• Intelligence
• Intent
CRIME
By means of culpa or fault
✓ Refers to an act committed or omitted
✓ the act or omission of the offender is not
in violation of public law.
malicious and the injury caused by
✓ it also refers to an act committed or
the offender is unintentional, it being
omitted in violation of a public law
the simply the incident of another act
forbidding or commanding it.
performed without malice
• Lack of Foresight
Anatomy of Crime • Lack of Skill
✓ Instrumentality/Capability – the means or • Negligence
implement use in the commission of crime. • Imprudence
✓ Opportunity – Consist of acts of
commission by a person (victim), which
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According to the stages in the commission: ✓ LIGHT FELONIES - are infraction of
✓ ATTEMPTED – the crime is attempted laws for the commission of which the
when the offender commences the penalty of arresto menor or a fine not
commission of a felony directly or exceeding 200 pesos or both is
over acts, and does not perform all provided.
the acts of execution which should
produce the felony by reason of some According to the nature of the act:
cause or accident other than this own
✓ CRIMES MALA IN SE - are acts that
spontaneous desistance.
are inherently evil.
✓ FRUSTRATED - when the offender
• Examples are: murder, robbery, etc.
performs all the acts of execution
which would produce the felony as a
✓ CRIMES MALA PROHIBITA - are acts
consequence but which,
which are prohibited only because there
nevertheless do not produce it by
are laws forbidding such acts.
reason of causes independent of the
• Examples are: Illegal Possession of
will of the perpetrator.
firearms, Traffic Violations, etc
✓ CONSUMMATED - when all the
elements necessary for its
accomplishment and execution are CRIMINOLOGICAL CLASSIFICATIONS
present. According to the result of the crime:
✓ ACQUISITIVE CRIME – if the offender
According to Plurality: acquired or gained something by
✓ SIMPLE CRIME – is a single act committing the crime.
constituting only one offense. • Examples are robbery, estafa,
✓ COMPLEX CRIME – single act constituting bribery, etc.
two or more grave felonies or an is a ✓ DESTRUCTIVE CRIME – if the crime
necessary means for committing the other. resulted in destruction, damage or
Two (2) Kinds of Complex Crime: even death.
• Examples are arson, murder and
• compound crime (delito
homicide, damage to property, etc.
compuesto)
• complex crime proper (delito
complejo) According to the time or period of
commission:
✓ SEASONAL CRIMES – are crimes that
According to Gravity:
happen only during a particular
✓ GRAVE FELONIES - are those to which season or period of the year.
the law attaches the capital
• Examples are violation of election
punishment or penalties which in any
law, tax law violations, etc.
of their period are afflictive.
✓ SITUATIONAL CRIMES – are crimes
✓ LESS GRAVE FELONIES - are those
committed when the situation is
which the law punishes with penalties
conducive to the commission of the
which in their maximum period are
correctional.
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 crime and there is an opportunity to ✓ BLUE COLLAR CRIMES – are those
commit it. crimes committed by ordinary criminals
• Examples are pickpocketing, theft as a means of livelihood.

According to the length of time of the CRIMINAL

commission: ✓ IN THE LEGAL SENSE … a criminal is
✓ INSTANT CRIMES – are those crimes any person who has been found to have
that can be committed in a very short committed a wrongful act in the course
time. of the standard judicial process; there
• Example: theft must be a final verdict of his guilt.
✓ EPISOIDAL CRIMES – are crimes ✓ IN THE CRIMINOLOGICAL SENSE …
committed through series of acts or a person is already considered a
episodes and in much longer time. criminal the moment he committed a
• Example: Serious Illegal Detention crime.

According to place or location: …END…

✓ STATIC CRIMES – are committed
only in one place.
• Examples are theft and robbery
✓ CONTINUING CRIMES – are crimes
that take place in more than one place
or several places.
• Examples: abduction, kidnapping,
etc.

According to the use of mental faculties:

✓ RATIONAL CRIMES – when the
offender is capable of knowing what
he is doing and understanding the
consequences of his actions.
✓ IRRATIONAL CRIMES – when the
offender suffers from any form of
mental disorders, insanity or
abnormality. Thus, the offender
doesn’t know what he is doing.

According to the type of offender:

✓ WHITE COLLAR CRIMES – crimes
committed by those persons belonging
to the upper socio-economic status or in
the course of his occupational activities.
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