Module III

Introduction to Criminology

Theoretical Explanations of Criminality

1. Differential Association Theory (by Edwin Sutherland)- it assumes that persons who
become criminal do so because of contacts with criminal patterns within the society. It
asserts that behavior can be best learned through association with the members of the
society.
2. Social Disorganization Theory (Henry Mckay and Clifford Shaw)- postulates that
neighborhood plagued with poverty and economic deprivation tend to experience high
rates of population turnover. With high turn-over, informal social structure often fails to
develop which in turn makes it difficult to maintain social order in a community.
3. Labeling Theory- it states that the reaction of other people and the immediate effects of
these reactions create deviance.
4. Strain Theory- it postulates that crime is a function of the conflict between the goals
people have and the means they can use to achieve them.

Geographical Causes of Crimes

1. Season of the Year-crimes against persons are more in summer while crimes against
property are rampant during rainy season
2. Soil Formation-crimes are more in fertile land than in hilly, rugged terrain.
3. Month of the year-more violent crimes during warm months
4. Temperature- increase in temperature can lead to increase crimes

Sociological causes of crimes

1. Lack of parental guidance

2. Broken homes
3. Employment shortage
4. Influence of mass media
5. Others

Classification of Criminal
1 Acute Criminal- one who commits crime due to fit of passion
2 Chronic Criminal- one who plans the commission of crime ahead of time
3 Ordinary Criminal- lowest mammal in criminal profession
4 Professional Criminal- engaged in criminal activities with a high degree of skill
5 Active Criminal- commits crime due to aggressiveness
6 Passive Criminal- commits crime due to reward or promise
7 Socialized Delinquent- one who lacks proper moral values due to defective socialization
process.
8 Accidental Criminal- one who commits crime when the situation is conducive
Habitual Criminal- one who commits crime due to lack of self control

Formula of Crime (Abrahamsen) S +T/R

Anatomy of Crime= Intent, instrumentality, and opportunity

Law- general rule of conduct, just, obligatory, laid by legitimate power for common observance and
benefit.

Basic Principles of Application of Criminal Laws

1. Generality
2. Prospectivity
3. Territoriality

Logomacy — a statement that we would have no crime if we have no criminal law and that we can
eliminate crimes by merely abolishing criminal law.

Sources of Criminal Law

1. Common Law- body of customs, practices, traditions, and precedents developed overtime
without formal legislative process.

Types:

a. Divine Law
b. Natural Law
c. Moral law
2. Statutory Law- laws that are developed through formal legislative process.

Rules on jurisdiction over private or merchant vessels while in the 

territory of another country
On foreign merchant vessels, there are two rules that are followed:
1) FRENCH RULE – that crimes committed on board a foreign merchant vessel while on the waters
of another country are not triable in that country unless those affecting the peace and security of
that country or the safety of that state is endangered.
2) ENGLISH RULE – that such crimes are triable in that country unless such crimes affect merely the
internal management of the vessel. This is also known as the Anglo-American Rule. This is the rule
that we followed in our jurisdiction – (US vs. Bull- 15 Phil. 7).This includes continuing crime
committed on board a foreign vessel sailing from a foreign port and which enters Philippine waters
is triable in our courts

Criminal Law- branch or division of law which defines crime, treats of their nature and provides
for their punishment.

Crime- as an act or omission in violation of the existing laws.

Stages In The Execution Of A Crime

1. Attempted Stage -  a stage in the execution of a crime where the offender commences
commission of a felony directly by over acts, and does NOT perform all acts of execution which
should produce the felony
by reason of some cause or accident other his spontaneous desistance.

2. Frustrated Stage - a stage in the execution of a crime where the offender performs all the acts of
execution which would produce the felony as a consequence but which, nevertheless, do not
produce it due to some cause independent of the will of the perpetrator.
3. Consummated Stage -  a stage in the execution of a crime where all the elements necessary for
its execution and accomplishments are present.

General Classification of Crimes

1. Felony- acts and omissions that violate the Revised Penal Code or the Criminal Law.
2. Misdemeanor/Infraction- acts and omissions which violate the city or municipal ordinance
3. Offense- acts and omissions which violate any special laws

Classifcation of Crimes according to the Mode/Manner of Commission

1. Formal Crime- crimes which are consummated in one instant or by a single act.
2. Material crimes- crimes which necessitates the three stages of execution.

Classification of Crime according to its Plurality

1. Simple Crime – a single act which constitutes only one offense.

2. Complex Crime- when a single act constitutes two or more grave felonies (Compound) or
when an offense is a necessary means for committing another (complex Crime Proper) .

Classification of Crimes According to its result

1. Acquisitive Crime- When the offender acquires something as a consequence of his criminal
act.
2. Extinctive Crime- when the end result of a criminal act is destructive.

Classification of Crimes According to the Period of Commission

1. Seasonal Crimes- those committed only during a certain period of the year.
2. Situational crimes- those committed only when given the situation or when the
opportunity arises.

Classification of Crimes According to the Time of Commission

1. Instant Crimes- those committed in the shortest possible time (simple Crimes).
2. Episodal Crimes-those committed by a series of acts undertaken in a lengthy space of time
(Complex Crimes)

Classification of Crimes According to the location of Commission

1. Static Crimes- hose committed in one place only.

2. Continuing Crimes- those that can be committed in several places.

Classification of Crimes According to the Mental Faculties

1. Rational crimes- those committed in the possession of sanity.

2. Irrational crimes- those committed by persons who do not know the nature and quality of
their acts.

Classification of Crimes According to the type of Offenders

1. White Collar Crimes- those committed by persons in the higher or upper socio economic
status.
 2. Blue collar crimes- those committed by ordinary persons

Classification of Crimes According to the nature of acts prohibited

1. Mala in Se- crimes that are evil or wrong in itself.

2. Mala prohibita- these are crimes that are considered illegal because laws define them as
such.

Classification of Crimes According to the Gravity of Penalty

1. Grave felonies- those which attaches capital punishment or afflictive penalties.

2. Less grave felonies- penalties from arresto mayor to prision correctional including
distierro and suspension.
3. Light penalties- infractions of law or those crimes punishable by arresto menor.

Classification of Crimes According to the Criminal Law

1. Crimes against national security and the law of nations- Ex: treason, espionage, piracy
2. Crimes against the fundamental law of the state- Ex: arbitrary detention
3. Crimes against public interest- Ex: forgery, falsification, fraud
4. Crimes against public morals- Ex: gambling, prostitution
5. Crime committed by public officers- Ex: bribery, corruption, malversation
6. Crimes against persons- murder, homicide
7. Crimes against personal liberty and security- Ex: kidnapping, exploitation of minors, illegal
detention
8. Crimes against property- Ex: robbery, theft
9. Crimes against chastity- Ex: adultery, concubinage, rape
10. Crimes against the civil status of persons- Ex: bigamy
11. Crimes against honor- Ex: libel, slander

Classification of Criminals (under RPC)

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 RPC.
2. Quasi-recidivist- is one who commits another crime after having been convicted by final
judgment of a crime before beginning to serve such sentence or while serving the same.
3. Habitual delinquent- is one who within the period of ten 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.
4. Reiteration/Habituality- Where the offender has been previously punished for an offense
to which the law attaches an equal or greater penalty or for two crimes to which it attaches
a lighter penalty. Previous offenses must not be in the same title in the RPC.

Crime Volume
It is the number of crime incidents committed in a given area over a period of time which include
the index and non index crimes.
CV= IC + NIC

Index crimes
Are crimes which are serious in nature and which occur with sufficient frequency and regularity
such that they can serve as an index to the crime causation. Only the crimes of murder, homicide,
physical injury (serious and less serious), carnapping, cattle rustling, robbery, theft and rape are
considered as index crimes.

Crime Rate- number of crime incidents in a given period of time for every 100,000 inhabitants of
an area.
(Number of Crimes / Population) x 100,000 = Crime Rate Per 100,000
Example: In 2010 there were 58,100 robberies in Samar and the population was 38,826,898. This
equals a robbery crime rate of 149.6 per 100,000 general population

Crime Solution Efficiency (CSE)

It is the percentage of solved cases out of the total number of crime incidents handled by law
enforcement agencies for a given period of time.
CSE=Solved Cases divided by Crime Volume multiplied by 100

Crime Clearance Efficiency (CCE)

It is the percentage of cleared cases out of the total number of crime incidents handled by law
enforcement agencies for a given period of time.
CCE= CC/CV multiplied by 100

Note: A case is solved when the offender has been identified and there is sufficient evidence to
charge him, the offender has been taken into custody, and the offender has been charged before the
prosecutor`s office, or when some elements beyond police officers control prevent the arrest of the
offender. When a case is no longer being investigated and is not assigned to an investigator, the
case is closed.

Note: a case is cleared when at least one of the offenders has been identified, there is sufficient
evidence to charge the suspect, and he has been charged before the prosecutor`s office. A case is
considered “solved” if the culprit was arrested and charges filed in court. cases were considered
“cleared,” which means that although the suspect was identified, he or she was still at large.

National Crime Reporting System (NCRS) consists of details of the crime which includes the
victim and offenders data.

“The distance between studying and passing is the same distance between your knees and the ground.”
Dean Cueno,2013