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Introduction to Criminology and Psychology of Crimes
Rico T. Musong
Registered Criminolo gist
Concepts of Crime and Criminology
The problem of crime and delinquency is not only a headache to the law
enforcement agencies of the government but most of all it is a growing cancer in
the
society.
For centuries, human learning was divided into four areas: law, medicine,
theology and philosophy. All the knowledge the universities recognized and taught
and
confined in those four areas. It was not until the 18 th and 19 th centuries that the
natural
social sciences became full-fledged disciplines. In fact, the science of criminology
has
been known as such for only a little more than a centuries.
In 1885, the Italian law professor Raffaele Garafalo coined the term
C RI MINO LOGIA, but the first use the term CRI MIN OLO GY IS credited to Paul
Topinard, a French anthropologist in 1887. The suffix OLOGY refers to a science or
branch of learning and the term implies a scientific study of crime or criminals.
What is Criminology?
• Edwin H. Sutherland and Donald R. Cressey defined
à
-Criminology is the body of knowledge regarding crime as a social
phenomenon.
It includes: -The processes of making laws, of breaking laws, and of reacting toward
the
breaking of laws
• Based on the premise, criminology can also be defined as the scientific study of
causes of crime in relation to man and society who set and defined rules and
regulations for himself and others to govern.
Making of laws
•
Law is passed because of the consensus of the will of the public. In the
Philippines, we have bicameral system of legislation. It is called bicameral
because it is composed of two houses; the Senate and the House of
Representatives. We have three major divisions or branches in the government;
the executive, vested on the office of the president; the legislative, cited and
explained above; and the judiciary vested on the Supreme Court. We are being
represented by the legislative branch in making laws.
•
Early laws worldwide setting:
1. Code of Hammurabi- Babylon (1700 B.C.)
2. Mosaic Code- Israelites (1200 B.C.)
3. Draconian Code- Greece (17th century)
4. Hindu Code of Manu- India
5. Koran- Islamic Society
6. Law of twelve tables- Romans
7. Sumerian Code- Summer (3500 BC.)
8. Law of moses ( 1500 B.C.-1900 B.C.)
• Early laws in the Philippines:
1. Maragtas Code (1215) -the oldest law of Panay Island.
2. Kalantiaw Code (1433) -2 nd code of criminal justice.
Breaking of Laws
•
All violations of laws are violations of the will of the majority in the society.
Violation of the provisions of the criminal laws created by the public thru
representation is called C R I M E .
Crime- is an act or omission in violation of criminal law.
Act- is outward movement tending to produce effect.
Omission-
Reaction of the society towards the breaking of laws
•
• Criminology is interdisciplinary:
• Sociology
• Criminal justice
• Political science
• Psychology
• Economics
• Natural science
Objectives of Criminology
The development of a body of general and verified principles and of other types
of knowledge regarding this process of law, crime, and its control and prevention,
and the
treatment of the youthful offenders.
Nature of Criminology
Criminology continues to bring together in a very amorphous manner people who
do the following kinds of work:
1. academicians (often sociologists) who teach students a subject called
criminology,
including those criminologists who also do research and write on the subject;
2. teachers who train other people for professional roles in crime control and
criminal justice work;
3. those who are involved in policy research within the criminal justice system; and
4. those who apply criminology that is all the people who are employed in criminal
justice agencies, ranging from policemen to lawyers to prison wardens to
correctional workers.
Even this list of broad groupings does not exhaust the possibilities as criminology
and criminal justice increasingly play prominent roles in the further development of
society.
Criminology and Criminal Justice
• Criminology explains the origin, extent, and nature of crime in society
• Criminal justice refers to agencies of social control
• Both discipline areas overlap
Criminology and Deviance
• Deviant behavior departs from social norms
• Not all crimes are deviant and not all deviant acts are criminal
Is Criminology a Science?
There is at present a continuing argument whether criminology is a science or not.
Edwin H. Sutherland a n d Donald Cressy both American Criminologist argued that
criminology is not a science but it has hopes of becoming a science. However,
Georgr L.
Wilker said that criminology cannot possibly become a science.
Criminology is a science in itself when applied to law enforcement and prevention
of crimes under the following nature:
1. It is an applied science - in the study of the causes of crimes, anthropology,
zoology,
psychology, sociology and other natural sciences may be applied. While in crime
detection, chemistry, medicine, physics, mathematics, ballistics, photography, legal
medicine, question documents examination may be utilized. This is called
instrumentation
2. It is a social science - in as much as crime is a social creation and that it exists in
a
society being a social phenomenon, its study must be considered a part of social
science.
3. It is dynamic - criminology changes as social conditions changes. It is concomitant
with the advancement of other sciences that have been applied to it.
4. It is nationalistic - the study of crimes must be in relation with existing criminal
law
within a territory or country. Finally, the question as to whether an act is a crime is
dependent on the criminal law of a country.
The Scope of Criminology
1. Study of the causes of crimes and development of criminals.
2. Study of the origin and development of criminal laws.
3. Study of the different factors that enhances as:
a. criminal sociology - study the effects of social conditions on crime and
criminals including the machinery of justice and the evolution of criminal
law and punishment.
b. criminal psychiatry - study of human mind in relation to criminality.
c. criminal ecology - the study of criminality in relation to special
distribution on a community.
d. criminal demography - study of the relationship between criminology and
population.
e. criminal epidiomology - study of the relationship between environment
and criminality.
f. Criminal physical anthropology - study of criminality in relation to
physical constitution of men.
A Criminologist is a person who studies the causes of crimes, its treatment and
prevention using scientific methods.
•
Epistemology :
Strictly speaking, refers to philosophies or theories of the nature of knowledge. In
social
science, epistemology often refers to how individuals perceive "truth," and the
social
processes by which knowledge is constructed and accepted as "true."
Extrinsic :
Existing outside of a thing.
Instrumental :
Actions done to accomplish a greater consequence or end. For example,
punishments
carried out in the name of (general) deterrence punish particular individuals in order
to
prevent others in society from commiting the same actions; punishment teaches
others in
society a lesson. This is in contrast to retributionist justifications for punishments.
Reciprocal :
Something exchanged, given, or owed between two or more individuals. According
to
The Classical School, the basis of order in society are those promises that every
individual in society would make if they thought about it rationally, and therefore
would
make reciprocally.
THEORIES OF HUMAN NATURE
Until the 20th century, theories about criminality were explicitly derived from more
general ideas about "human nature." For the " classical school " of criminology (a
very
broad category for the legal theorists and reformers of the 17th and 18th centuries)
criminal behavior was a natural consequence of people's drive toward h e d o n is
m --a drive
perceived to be held by all individuals. A well-ordered state would not attempt to
change
people's behavior, but would attempt to construct a social and legal environment in
which
criminal behavior was not in people's self-interest. While this view was also held by
the
" positivist school " of criminology (the Italian criminal anthropologists of the late
19th
and early 20th centuries), t r u e criminal behavior was the product of those people
in
society who did n o t possess "civilized" human nature. The constitution of these
"born
criminals" was less than human , "primitive," "savage," and " atavistic ," needing to
be
altered or separated from society. Thus for the classical school, criminals are like
ourselves, while for the positivist schools, criminals are very different.
A Brief History of Criminology
• A Recent Development
• The study of crime and criminality is relatively young, however criminal
codes have existed for thousands of years
• Middle Ages (1200 – 1600)
• Witches and demons
• The Inquisition
• Burned to death
• Classical Criminology
• Cesare Beccaria (1738-1794)
• Essays on Crimes and Punishments
• His writings have become the core of what we call “Classical
Criminology”
• the purpose of criminal punishment is to ensure the protection and
order of society
•
Six Principles of Beccaria
• 1. greatest good for the greatest number of people (utilitarianism)
• 2. crime is an injury to society and the measure of crime is the
measure of harm
• 3. prevention of crime is more important than punishment; laws
should be created and written so that they can be understood
• 4. abolish torture and secret confessions; give the accused a right to
trial and the right to provide evidence on their behalf
• 5. punishment is not for revenge; therefore certainty and swiftness
are more important that severity
• 6. imprisonment should be more widely utilized; conditions should
be good and prisoners should be housed by classification
•
Jeremy Bentham
• Hedonistic Calculus
• people will naturally seek the greatest pleasure over the
greatest pain
• punishments should be created with this idea in mind to
create deterrence
• Basic Elements à
1. Believed people have free will to choose criminal or lawful
solutions to meet their needs
2. Crime is attractive because it usually requires less work for a
greater payoff
3. Choice is controlled by fear of punishment
4. Punishment should be severe, swift, and certain to control behavior
• Positivist Criminology
• Application of scientific methods to study crime
• Charles Darwin (1809-1882)
• Auguste Comte (1798-1857)
• Two main elements à
1. Human behavior is a function of forces beyond a person’s control,
and
2. Embracing the scientific method to solve problems
• Lavater à Shape of ears, nose, and eyes and the distance between them
shows a relationship to antisocial behavior (physiognomy)
• Gall & Spurzheim à Shape of the skull and bumps on it (phrenology)
• The brain’s 30 different areas
• Pinel, Rush, etc.
1. the mind was the cause
2. psychopathic personality
• Biological determinism
1. Cesare Lombroso (1835-1909)
2. Atavistic anomalies à Throwbacks to primitive times
3. criminal anthropology
• Positivistic Criminology
• Social positivism developed to study the major social
changes (Sociology )
1. Population
2. Machinery
• Testable expectations
• Innovative methods
• Criminal behavior system
• Research on specific criminal types and patterns
• white-collar crime
• Crime typologies
• Penology
• Correction and control of known criminal offenders
• Victimology
• Victim surveys, costs of crime, factors that increase likelihood of being
victimized, victim services
How Criminologists View Crime
• The Consensus View of Crime
• Substantive criminal law:
• Defines crime and punishment
• Consensus:
• Implies that there is general agreement among citizens on what
should be outlawed
• Criminal law is a function of beliefs, morality and rules
• Laws apply equally to all members of society
• Acts which are considered as social harms should be outlawed to protect
the social fabric and members of society {but not all are}
• The Conflict view of Crime
• There is a limited number of resources that groups are in constant
competition for control of
• Criminal law reflects and protects established economic, racial, gendered,
and political power and privilege
• Definition of crime is controlled by wealth, power, and social position
• Crime is shaped by the values of the ruling class and not the moral
consensus of all people
• The Interactionist View of Crime
• People act according to their own interpretations of reality