By: Aurora P.

Cordero College of Criminal Justice UNIVERSITY OF ILOILO PHINMA EXPANDED TERTIARY EDUCATION AND EQUIVALENCY PROGRAM -ETEEAP

 CRIMINOLOGY is a body of knowledge regarding delinquency and crime as a social phenomenon. (Tradio 1999). It may also refer to the study of crimes and criminals and the attempt of analyzing scientifically their causes and control and the treatment of criminals

CRIMINOLOGY is also multidisciplinary study of crimes (Bartol 1995). This means that many disciplines involved are involved in the collection of knowledge about criminal action, including, psychology, sociology, anthropology, biology, neurology, political science and economics. But over the years, sociology, psychology and psychiatry have dominated the study of crime.

 SOCIOLOGY (Sociological Criminology) - the study of crime focused on the group of people and society as a whole. It is primarily based on the examination of the relationship of demographic

and group variables to crime, such as socio economic status, interpersonal relationships, age, race, gender and cultural groups of people are probed in relation to the environmental factors that are conducive to criminal action. PSYCHOLOGY - (Psychological Criminology) the science of behavior and mental processes of the criminal. It is focused on the individual criminal behavior how it is acquired, evoked maintained, and modified.

 Psychiatry - (Psychiatric Criminology) -

the science that deals with the study of crime through forensic psychiatry, the study of criminal behavior in terms of motives and drives that strongly relies on the individual. SCOPE AND DIVISIONS OF THE STUDY OF CRIMINOLOGY Criminology is a broad field of study of crimes criminals. Its scope is categorized into the following studies:

 The making of laws This pertains to the examination of the nature and structure of laws in the society

which could be analyzed scientifically, systematically, and exhaustively to learn crime causation and eventually help fight them. The breaking of laws This pertains to the examination of the reasons of crime causation which primarily deals to answer issues why despite the presence of laws people still commit crimes.

 Reaction Towards the Breaking of Laws

This pertains to the study of how people, the criminal and the government reacts towards the breaking of laws because the reactions necessarily bring light to the development of modern measures to treat criminal offenders at the same time the reaction may be contributory to criminality.

Criminology also covers several principal areas or divisions (Tradio 1999) which are:
1. Criminal Behavior or Criminal Etiology

the scientific analysis and causes of crime; 2. Sociology of Law - the study of law and its application 3. Penology or Correction - the study that deals with punishment and the treatment of criminals: 4. Criminalistics or Forensic Science one more area of concern in crime detection and investigation.

REPUBLIC ACT 6506

- An Act Creating the Board of Examiners for Criminologists in the Philippines and for Other Purposes

CRIMINOLOGIST is any person who is a graduate with the Degree of Criminology, who passed the examination for criminologist and is registered as such by the Board of Examiners of the Professional Regulation Commission.

The term Criminologist is one who has been engaged in the practice of criminology if he holds himself out of the public in any of the following capacities: 1. As a professor, instructor or teacher in criminology in any university, college or school duly recognized by the government and teachers in any of the following:

a. Law Enforcement b. Criminalistics c. Correctional Administration

d. Criminal Sociology and Applied

Subjects e. Other Technical and specialized subjects in criminology curriculum. 2. As a law enforcement administrator, executive, adviser, consultant or agent in any government or private agency.

3. As a technician in dactyloscopy, ballistics, questioned document, police photography, lie detection (polygraphy) forensic chemistry and other aspects of crime detection. 4. As a correctional administrator, executive supervisor, worker or officer in any correctional and penal institution.

5. As a counselor, expert, adviser, researcher in any government or private agency or any aspect of criminal research or project involving the causes of crime, juvenile delinquency, treatment of offenders, police operations, law enforcement administration, scientific and criminal investigation

PURPOSES OF STUDYING CRIMINOLOGY Studying criminology is aimed towards the ff: 1. The primary aim is to prevent the crime problem. 2. To understand crimes and criminals which are basic to knowing the actions to be done to prevent them.

3. To

prepare for a career in law enforcement and scientific crime detection. 4. To develop an understanding of the constitutional guarantees and due process of law in the administration of justice. 5. To foster a higher concept of citizenry and leadership together with an understanding of one moral and legal responsibilities to his fellowmen, his community and the nation.

Nature of Criminology
Understanding crime is as complex as other fields of interest. It requires therefore a systematic and balanced knowledge in the examination of why they exist. In this sense, criminology is: 1. An Applied Science - Anthropology, psychology, sociology and other natural sciences maybe applied in the study of the causes of crime while chemistry, medicine, physics, mathematics, etc. maybe utilized in crime detection.

2. A Social Science - in as much as crime as a societal creation and that it exists in a society, its study must be considered a part of social science. 3. Dynamic - Criminology changes as social condition changes. That means the progress of criminology is concordant with the advancement of other sciences that have been applied to it.

4. Nationalistic the study of crime must always be in relation with the existing criminal law with in the territoty. OBJECT OF INTEREST OF CRIMINOLOGY The four major object of interest in criminology are crimes (criminal acts), criminals (perpetrator of crime), criminal behavior and the study of victims

Crime maybe defined as: 1. An act or omission in violation of a criminal law in its legal point. 2. An Antisocial act; an act, that is injurious, determined or harmful to the norms of society; they are the unacceptable acts in its social definition 3. Psychologically, crime is an act, which is considered undesirable due to behavior maladjustment of the offender, acts that are
caused by mal adaptive to abnormal behaviors.

 Criminological Classification of Crimes 1. Acquisitive and Extinctive crime Acquisitive crime is one which when committed the offender acquires something as a consequence of his criminal act. The crime is extinctive when the result of criminal act is destruction. 2. Seasonal and Situational Crimes Seasonal are those that are committed only at certain period of the year while situational crimes are those that are committed only when given a situation conducive to its commission.

3. Episodic and Instant Crimes

Episodic crimes are serial crimes, they are committed by series of act within a lengthy space of time. Instant crimes are those that are committed the shortest possible time. 4. Static and Continuing Crimes Static crimes are crimes that are committedonly in one place. Continuing crimes are crimes that are committed in several places.

5. Rational and Irrational crimes

Rational crimes are those committed with intent; offender is in full possession of his mental faculties/capabilities while irrational crimes are committed without intent; offender does not know the nature of his act.

6. White Collar and Blue Collar Crimes

White collar crimes are those committed by a person of responsibility and of upper socioeconomic class in the course of their occupational activities. Blue collar crimes are those committed by ordinary professionals to maintain their livelihood.

7. Upper World and Underworld

Upper world crimes are those committed by individuals belonging to upper class of society. Under world crimes are committed by members of the lower or under privilege class of society.

THE CRIMINAL A criminal maybe defined in three ways 1. A person who committed a crime and has been convicted by a court of the violation of a criminal law (legal definition) 2. A person who violated a social norm or one who did an anti social ct (social definition) 3. A person who violated rules of conduct due to behavioral maladjustment (psychological definition)

Criminological Classification of Criminal Based on Etiology Acute Criminal is one who violates a criminal law because of the impulse or fit of passion. They commit passionate crimes. Chronic Criminal is one who commits crime acted in consonance of deliberated thinking. He plans the crime ahead of time. They are the targeted offenders Based on Behavioral System Ordinary Criminal is considered the lowest form of criminal in a criminal career. He doesnt stick to crime as a profession but rather pushed to crimes due to great opportunity.

Organized Criminal is one who associate himself with other criminals to earn a high degree of organization to enable them to commit crimes easily without being detected by authorities. They commit organized crimes. Professional Criminal is a person who is engaged in criminal activities with high degree of skill. He is one usually practices crime a profession to maintain living. Based on activities Professional Criminals are those who practice crime as a profession for a living. Criminal activity constant in order to earn skill and develop ability in their commission.

Accidental Criminals are those who commit crimes when the situation is conducive to its commission. Habitual Criminals are those who continue to commit crime because of deficiency of intelligence and lack of self-control.

CRIMINAL BEHAVIOR Criminal behavior, therefore, is an intentional behavior that violates a criminal code (Bartol 1995)

Criminal behavior may also refer to the study of the human conduct focus on the mental processes of the criminal the way he behaves or acts including his activities and the causes and influences in his criminal behavior. THE VICTIM Victimology is simply the study of victims of crimes and contributory role, if any, in causation. It is also the scientific process of gaining substantial amounts of knowledge on offender characteristics by studying the nature of victims.

THEORIES OF CRIMES EARLY BEGINNINGS The Demonological Theory According to this explanation individuals were thought to be possessed by good or evil spirits, which caused good or evil behavior. The theory maintains that criminal behavior was believed to be the result of evil spirits and demons something of natural force that controls his/her behavior.

PRE-TWENTIETH CENTURY In the eighteenth century, criminological literature, whether psychological, sociological, or psychiatric in bent, has traditional been divide into three broad schools of thought about the causes of crime; the classical, neo classical and the positivist school of criminology.

 The Classical School of Criminology

The Classical School of Criminology is a broad label for a group of thinkers of crime and punishment in the 18th and early 19th centuries. Cesare Beccaria (Cesare Bonesara Marchese de Becaria with Jeremy Bentham (1823) who proposed Utilitarian Hedoism, the theory, which explains that a person always acts in such a way as to seek pleasure and to avoid pain, became the main advocates of the Classical School of Criminology. Freewill (Beccaria) philosophy advocating punishment severe enough for people to choose, to avoid criminal acts

 Enrico Ferri

He was the best known Lombroso s associate. He was an Italian Criminologist socialist and student of Cesare Lombroso. Rafaele Garofalo Another follower of Lombroso, an Italian noblemen, magistrate,, senator and professor of law. He rejected the doctrine of free will and supported the position that the only way to understand crime was to study it by scientific methods. Jeremy Bentham Best known as the man who founded the theory of Utilitarianism. He was born in London on February 15, 1748 and lived at Queens Square Place in Westminster.

THE POSITIVIST OR ITALIAN SCHOOL(1838-1909) The positivist school was a social movement that existed during the mid 1800s and early 1900s. The part of it that was positive was the forward looking attitude toward social and personal betterment ( the perfectibility of both society and human nature). The term positivism refers to a method of analysis based on the collection of observable scientific facts. Sometimes it is called the Italian School of Thought because it composed Italians who agreed that in the study of crime the emphasis should be on scientific treatment of the criminal, not on the penalties to be imposed after conviction.

 The Positivist Trio

CESARE LOMBROSO and his two students, Enrico Ferri and Rafaele Garofalo were the primary personalities in the positivist school of thought Cesare Lombroso an Italian university professor and criminologist, born in Nov 6, 1835, in Verona, who became worldwide renowned for his studies and theories in the field of characterology, or the relation between mental and physical characteristics.

Cesare Lombroso (18361909) the Italian leader of the positivist school of criminology He is known as the Father of Modern Criminology.

EARLY TWENTIETH CENTURY This became the Rise of the Sociological Perspectives on crimes and criminals. This area was a shift of the blame to the social and environmental circumstances.

DAVID EMILE DURKHEIM (French 1858-1917) French Sociologist, said that crime can be found in every society. A society without crime would be inconceivable and undesirable. His famous works about sociological concepts such as anomie theory.

He is one of the founding fathers of sociology and an early proponent of solidarism. He advocated the Anomie Theory the theory which coined by Robert K. Merton) the focused on the sociological point of the positivist school which explains that the absence of norms in the society provides a setting conducive to crimes and other antisocial acts.

 SIGMUND FREUD

An Austrian neurologist and psychiatrist who founded the psychoanalytical school of psychology. Freud best known as for his theories of the unconscious mind and the defense mechanism of repression FREUD is commonly referred to as the father of psychoanalysis and his work has been highly influential-popularizing such notions as the unconscious, the Oedipus complex, defense mechanism.

According to Freud, the mind can be divided into two main parts: 1. The conscious mind includes everything that we are aware of. This is the aspect of our mental processing that we can think and talk about rationality. 2. The unconscious mind is a reservoir of feelings, thoughts, urges, and memories that outside of our conscious awareness.

According to Sigmund Freuds Psychoanalytic Theory of personality, personality is composed of three elements. The id is the only component of personality that is present from birth. This aspect of personality is entirely unconscious and includes instinctive and primitive behaviors. The ego the component of personality that is responsible for dealing with reality. According to Freud the ego develops from the id and ensures that the impulses of the id can be expressed in the manner acceptable in the real world. The superego the superego is the aspect of personality that holds all our internalized moral standards and ideals that are acquire from both parents and society.

 ROBERT EZRA PARK

Park was a strong advocate of the scientific methods in explaining criminality but he is a sociologist. He advocated the Human Ecology Theory Human ecology is the study of the interrelationship of people and the environment. MIDDLE TWENTIETH CENTURY ERNEST KRETSCHMER He emphasized the morphologicalphysiological-psychological unity of the individual, maintaining that individuals temperamental reactions are reflections of their body type. He is best known for his work on the subject Physique and Character (1925).

CRIMINAL PSYCHOLOGY

In general, psychology is the science of behavior and mental processes. This means that psychologists use the methods of science to investigate all kinds of behavior and mental processes, from the activity of a single nerve cell to the social conflict in a complex society (Bernstein, et all, 1991).

Classification of Behavior (Atkinson, 1993)

Normal Behavior (adaptive or adjusted

behavior)

- is the standard behavior, the totality accepted behavior because they follow the standard norms of society.

Abnormal Behavior (maladaptive/maladjusted

behavior)

A group of behaviors that is deviant from social expectations because they go against the norms or standard behavior of society.
A maladaptive (abnormal) person may be understood by the following definitions:

Kinds of Behavior
As mentioned earlier, the important element in the definition of psychology is behavior. As cited by Alicia Kahayon, behavior may be:
Overt or Covert Behavior

Behaviors that are outwardly manifested or those that are directly observable are overt behaviors. On the other hand, covert behaviors are behaviors that are hidden- not visible to the naked eye.

Conscious or Unconscious Behavior

Behavior is conscious when acts are with in the level of awareness. It is unconscious when acts are embedded in ones subconscious unaware.

Determinants of Behavior
The questions why do people become heterosexual and others homosexuals, some are alcoholics, some are law abiding and others are criminals, come are well adjusted and others mentally ill? What will enable us to understand these extremes of behavior? The answer to these questions requires the study and understanding of the influences of HEREDITY and ENVIRONMENT. As cited by Tuason:

 Heredity (Biological Factors)

This refers to the genetic influences, those that are explained by heredity, the characteristics of a person acquired from birth transferred from one generation to another. It explains that certain emotional aggression, our intelligence, ability and potentials and our physical appearance are inherited.

It influences all aspects of behavior, including intellectual capabilities, reactions, tendencies and stress tolerance. This will also explain the conditions that genes, diseases, malnutrition, injuries and other conditions that interfere with normal development are potential causes of abnormal/criminal behavior. It is the primary basis of the idea concerning criminal behavior, the concept that criminals are born

Environmental Factors

This refers to anything around the person that influences his action. James Coleman in his book mentioned some environmental factors such as: Family Background-it is a basic consideration because it is in the family whereby an individual first experiences how to relate and interact with another. The family is said to be cradle of personality development as a result of either a close or harmonious relationship or a pathogenic family, broken family, separated or maladjusted relations.

 Childhood Trauma the experiences,

which affect the feeling of security of a child undergoing developmental processes. The development processes are being blocked sometimes by parental deprivation as a consequence of parents or lack of adequate maturing at home because of parental rejection, overprotection, restrictiveness, over permissiveness, and faulty discipline.

INTRODUCTION TO CRIMINALISTICS AND CRIMINAL INVESTIGATION

CRIMINALIST is a person who is trained in sciences of the application of instruments and methods to the detection of crime. Physical evidences are variable. Some are visible; some are very small and have to be looked for with the microscope. Some must be tested with the application of chemicals in order to find out what they are
.

Criminalistics or forensic sciences ( the application of criminalistic sciences in the field of law enforcement), a sub-field in criminology that deals with the study of criminal things those that are left behind by the criminal perpetrator in the scene of the crime which have significance in criminal investigation. Criminalistics and Criminology Criminalistics is the study of physical evidence through a laboratory work, and criminology is the study of the causes of crimes and/ or criminal people

 Division of Criminalistics

Two main divisions of criminalistics 1. Scientific divisions a. Chemistry b. Physics c. Biology 2. Technological Divisions a. Fingerprint Identification b. Questioned Document Examination c. Firearms investigation

The scientific subjects require the study of science and mathematics before practical training in the laboratory while technological subjects are usually learned directly by practical training in the laboratory through the supervision of an experienced examiner. In both cases, instrumentation is involved. Instrumentation is the application of instruments and methods of criminalistics to the detection of crime. It is the sum total of the application of all sciences in crime detection, otherwise known as criminalistics although instrumentation means more than criminalistics because it includes all technical methods by which the fugitives may be traced, identified and examined.

 Fingerprinting (Personal Identification)

Fingerprinting is one of the universally accepted means of personal identification through the study of fingerprints. Fingerprint it is the production of a pattern or design form by the ridges on the inside of the joint of a finger. Dactylography is the scientific study of fingerprints as a means of identification. Dactyloscopy the practical application of dactylography - making of identifications by fingerprints comparison an the classification of fingerprints.

 The Value of Fingerprinting in Police Works

It has been said, that fingerprinting is the cornerstone of criminal investigation and identification. The system is based on the undisputed facts after many studies and researches, NO TWO PERSONS HAVE EXACTLY THE SAME FINGERPRINTS IN THEIR INDIVIDUAL CHARACTERISTICS. Fingerprints are positive proof, where in law enforcement and public safety agencies look upon this science as their main evidence of positive identification

 Forensic Photography

Police photography is most obviously useful in police work when photographs serves as evidence that can and often does prove facts. It is invaluable to investigators, attorneys, judges, witnesses, juries, and defendants. Uses of Police Photography in Police Work Identification files (use to identify criminals, missing persons, lost property, licenses, anonymous letters, etc. Communication and Microfilm Files (useful as investigative report files. Evidences ( crime scenes, traffic accidents, homicides and suicides, fires, objects of evidence. Offender Detection (through surveillance and other similar activities)

 Court exhibits (demonstration enlargement

Reproduction of copying (questionable checks and

document , evidential papers, and photographs Personnel training Crime and Fire Prevention Public Relations Questioned Document (QD) QD is one in which facts appearing are not true, and are contested either in whole or in part to its authenticity identity or origin.

Classes of Questioned Documents 1. Documents with questioned signature 2. Questioned documents alleged to have been containing fraudulent alterations 3. Questioned documents on issues of their age or date. 4. Questioned documents on issues of materials used in their production. 5. Documents investigated on the question of typewriting.
6. Documents or writings investigated because it is

alleged that they identify some person through handwriting such as unanimous and disputed letters.

 Polygraphy (Lie Detection)

It is the scientific method of detecting deception with the use of polygraph instrument. A polygraph instrument is a scientific diagnostic instrument used to record physiological changes in the blood pressure, pulse rate, respiration and skin resistance of an examinee under controlled condition. Forensic/Legal Medicine A branch of medicine, which deals with the application of medical knowledge to the purpose of law and in the administration of justice. It is the application of basic and clinical knowledge, medical, and paramedical science to elucidate legal matters. It is called ad legal medicine or medical jurispudence.

 Forensic Ballistics

It is the science of motion of projectiles; motion refers to movement or mobility; and projectiles refers to metallic or non-metallic objects propelled from a firearm. In particular and technically speaking the term :ballistics refers to the science of firearm identification. The term firearm identification deals with the study, comparison and identification of weapons alleged to have been used in the commission of a crime. It involves the examination of ballistics exhibits such as fired bullets, shells, firearms and other related matters which have been used in crimes.