CRIMINOLOGY

according to Edwin H. Sutherland, “criminology is the entire body of knowledge regarding crime as a social
phenomenon. It includes within its scope the process of making of law, of breaking of law and the society’s reaction
towards the breaking of laws.”

a body of knowledge regarding crimes, criminals and the effort of society to prevent and repress it.

the scientific study of the causes of crime in relation to man and society who set and define rules and
regulations for himself and others to govern.

Other Definitions

Criminology explores the etiology, extent, and nature of crime in society. Criminologist are concerned with
identifying the nature, extent, and cause of crime.

Criminology is an interdisciplinary science that gathers and analyzes data on various aspects of criminal,
delinquent, and general anti-social behavior.

Edwin Sutherland

– dean of modern criminology

– father of American criminology

– coined the word “white collar crime”

– differential association theory

– term “criminology”

REPUBLIC ACT NO. 6506

AN ACT CREATING THE BOARD OF EXAMINER FOR CRIMINOLOGIST IN THE PHILIPPINES AND FOR OTHER
PURPOSES

REPUBLIC ACT NO. 11131

THE PHILIPPINE CRIMINOLOGY PROFESSION ACT OF 2018

Origin of the word “Criminology”

Etimologically, the term criminology came from the Latin word “crimen” meaning crime and word “logos”
means study.

In 1885, Rafael Garofalo, an Italian Law Professor coined the term criminologia.

In 1889, Paul Topinard, French Antrophologist, used the term criminology in French criminologie for the first
time.

Principal Divisions of Criminology

1) Sociology of law – refers to the investigation of the nature of criminal law and its administration.
 2) Etiology of Crimes (criminal etiology) – the scientific analysis of the causes of crimes and the criminal
behavior.

3) Penology (penal science) – the study of the control of crimes and the rehabilitation of offender.

4) Is criminology a science?

5) According to George Wilker, criminology cannot turn into science since it has not yet attained
universal or worldwide validity. Edwin H. Sutherland , hoped that it will become a science in the future since
the causes of crimes are almost the same which may be biological, environmental, or combination of both.

Nature of Criminology (SAND)

1) It is a Social Science because it studies crime as a social phenomenon. Crime is a social problem which has a
great impact to society.

2) It is a Applied Science because criminology as a body of knowledge has already established universally
accepted principles and concepts and these are used by other field of study.

3) It is Nationalistic because the study of criminology takes into consideration the history, the culture and the
social norms and the laws of the country. Each country has its own set of laws and crimes are defined by the
laws of a country.

4) It is Dynamic because the concepts of criminology and their applications adapt to the changing time.

Scope in the Study of Criminology

1. Study of the origin and development of criminal law

2. Study of the causes of crimes and development of criminal

3. Study of the other sciences that examine criminal behavior using scientific methods such as:

a. Criminal Demography – the study of the relationship between criminality and population
b. Criminal Epidemiology – the study of the relationship between environment or milieu and criminality
c. Criminal Ecology – the study of criminality in relation to the spatial distribution in a community
d. Criminal Physical Anthropology – the study of criminality in relation to physical constitution of man
e. Criminal Psychology – the study of human behavior in relation to criminality
f. Criminal Psychiatry – the study of human mind in relation to criminality
g. Victimology – the study of the role of the victim in the commission of a crime
h. Criminal Politics – a science consisting of principles with which the state organizes its fight against criminality.
The bases are knowledge of criminal law, of criminality, penalties and other measures of social defense
i. Forensic Medicine – object is to place medical knowledge at the disposal of the administration of justice,
both civil and criminal
j. Forensic Medicine – the application of chemical principles in the solution of problems that arise in
connection with the administration of justice
 SCHOOLS OF THOUGHT IN CRIMINOLOGY

School of thought – refers to a group of beliefs or ideas that support a specific theory

Theory – set of statements devised to explain behavior, events or phenomenon, especially one that has been
repeatedly tested and widely accepted

1. Demonological Theory (judeo-christian theory) – asserts that a person commits wrongful acts due to the fact
that he was possessed by demons.

2. Classical School of Criminology (juristic/choice theory) – the classical school of criminology grew out of a
reaction against the barbaric system of law, punishment and justice that existed. There was no real system of
criminal justice in Europe at that time. Some crimes were specified, some were not. Judges had discretionary
power to convict a person for an act not even legally defined as criminal.
This school of thought is based on the assumption that individuals choose to commit crimes after
weighing the consequences of their actions. According to classical criminologists, individual have free will.
They can choose legal or illegal means to get what they want; fear of punishment can deter them from
committing crime and society can control behavior by making the pain of punishment greater than the
pleasure of criminal gains.

This theory however, does not give any distinction between an adult and a minor or a mentally-
handicapped in as far as free will is concerned. Founders of classical school of criminology are Cesare
Beccaria and Jeremy Bentham.

Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794)

Best known for his essay, “On Crimes and Punishment” which presented key ideas on the abolition of torture
as legitimate means of extracting confession.

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 influential in the reforms of penal code in France, Russia, Prussia and it influenced the first ten
amendments to the US Constitution.

Beccaria’s beliefs:
- People want to achieve pleasure and avoid pain
- Crime provides some pleasure to the criminal
- To deter crime, he believed that one must administer pain in an appropriate amount to counterbalance
the pleasure obtain from crime.
- Famous in sayings “let the punishment fit the crime” (lex talionis, commensurate)
HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM

1. In forming a human society, men and women sacrifice a portion of their liberty so as to enjoy peace and
security.
2. The law must specify the degree of evidence that will justify the detention of an accused offender prior
to his trial.
3. Criminal law must be clear and certain. Judges must make uniform judgements in similar crimes.
4. To torture accused offenders to obtain a confession is inadmissible.
5. Capital punishment is inefficacious and its place should be substituted life imprisonment.
6. It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation.

Jeremy Bentham (1748-1832)

- His contribution to classical school of criminology is the concept of utilitarianism and the felicific
calculus.

Utilitarianism – is a philosophy which argues that “what is right is the one that would cause the greatest good for the
greatest number of people”.

Felicific Calculus or the Pleasure and pain principle – is a theory that proposes that individuals are human calculators
who calculate the consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he would
derive from doing the action.

- Proposed “utilitarian hedonism” which explains that the person always acts in such a way to seek
pleasure and avoid pain.
- He reasoned that in order to deter individuals from committing crimes, the punishment, or pain, must be
greater than the satisfaction, or pleasure, he would gain from committing the crime.

3. NEOCLASSICAL CRIMINOLOGY (MODIFIED CLASSICAL)

This theory modified the doctrine of free will by stating that free will of men may be affected by
other factors and crime is committed due to some compelling reasons that prevail. These causes
incompetence, insanity or any conditions that will make it impossible for the individual to exercise free will
entirely. In the study of legal provision, this is termed as either mitigating or exempting circumstances.

4. POSITIVIST/ITALIAN SCHOOL OF CRIMINOLOGY

- The term “positivism” refers to a method of analysis based on the collection of observable scientific
facts.
- Positivist believe that causes of behavior can be measured and observe
- It demands for facts and scientific proof, thus, changing the study of crimes and criminals into scientific
approach.
 - Positive theorists were the first to claim the importance of looking at individual difference among
criminals. These theorists who concentrated on the individual structures of a person, stated that people
are passive and controlled, whose behavior are imposed upon them by biological and environmental
factors.

August Comte

- Was a French philosopher and sociologist and is believed to be the one who reinvented the French term
“sociologie”
- He was recognized as the “Father of Sociology and Positivism”

Cesare Lombroso

- Recognized as the “Father of Modern and Empirical Criminology” due to his application of modern
scientific methods to trace criminal behavior, however, most of his ideas are now discredited.
- Known for the concept of atavistic stigmata (the physical features of creatures at an earlier stage of
development).

4 classes of criminals according to Lombroso:

1. Born criminals – individuals with at least five atavistic stigmata (ape-like)

a. Dark skin
b. Huge jaws and cheekbones
c. Strong canine teeth
d. Nose twisted
e. Unusual ear size
f. Arm span is often greater than height
g. Fleshy lips

2. Insane criminals – those who became criminals because of some brain defect (psychological problems)
which affected their ability to understand and differentiate what is right from what is wrong.
3. Criminaloids – those with makeup of an ambiguous group that includes habitual criminals, criminals by
passion and other diverse types.
4. Pseudo criminals – criminals who have committed a crime by self-defense.

Enricco Ferri

- He focused his study on the influences of psychological factors and sociological factors such as
economics, on crimes.
- He believed that criminal could not be held morally responsible because they did not choose to commit
crimes, but rather were driven to commit crimes by conditions in their lives.
Raffaelle Garofallo

- He treated the roots of the criminal’s behavior not to physical features, but to their psychology
equivalent, which he referred to as moral anomalies.
- He rejected the doctrine of freewill
- Classified criminals as murderers, violent criminals, deficient criminals, and lascivious criminals.

HOLY THREE IN CRIMINOLOGY (Garo-Fe-lo)

1. Rafaelle Garofallo
2. Enricco Ferri
3. Cesare Lombroso