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RA 6506 –  an Act creating the Board of Examiners for Criminologists in the Philippines and other purposes Approved and became effective on July 1, 1972. RA 11131- Philippine Criminology Profession Act of 2018 		-  An act regulating   practice of Criminology Professions in the Philippines, and approving funds therefore, repealing for the purpose of RA 6506

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RA 10912  – Continuing Professional Development Act of 2016 (CPD Law) 		- the law aims to promote and upgrade the practice of professions in the country and to continuously improve the competence of professionals in accordance with the international standards of practice. PROFESSIONAL CRIMINOLOGIST ASSOCIATION OF THE PHILIPPINES (PCAP) –  the legitimate organization of Criminologists recognized by the Professional Regulation Commission.

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Philippine Educators Association for Criminology Education (PEACE) –  created on January 13-25, 1983 primarily to professionalize criminology education in the context of National development. Registered Criminologist  – refers to a natural person who holds a valid certificate of registration and an updated professional identification card as criminologist issued by the Board and the Commission pursuant to RA 11131.

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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 laws , of  breaking of laws , and the  society’s reaction  towards the breaking of laws.” refers to the scientific study of crimes, criminals and victims, it also deals with the prevention and solution of crimes (RA 11131, The Philippine Criminology Act of 2018)

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Etymologically, the term criminology came from the Latin word “ crimen ” meaning  accusation  and Greek word “ Logia ” which means “ to study ”.  	In 1885,  Rafael  Garofalo , an Italian Law Professor coined the term  criminologia . 	In 1887,  Paul  Topinard , French Anthropologist, used the term criminology in French  criminologie  for the first time

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Sociology  – is the mother discipline of Criminology. It is the study of human society, its origin, structure, functions and direction .

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Etiology of Crimes  – the scientific analysis of the causes of crimes and the criminal behavior.  Sociology of Law  – refers to the investigation of the nature of criminal law and its administration Penology  – the study of the control of crimes and the rehabilitation of offender

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According to George  Wilker , criminology cannot become a science because it has not yet acquired universal validity. Edwin H. Sutherland, the Dean of Modern Criminology, 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 the two.

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1. It is  a pplied 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.  (INSTRUMENTATION) 2. It is a   s ocial science  because it studies crime as a  social phenomenon .  Crime is a social problem which has a great impact to society.  3. It is  d ynamic  because the concepts of criminology and their applications adapt to the changing time.  4. It is  n ationalistic  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 the country.

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1. Study of the origin and development of criminal law 2. Study of the causes of crimes and development of criminals 3. Study of the other sciences that examine criminal behavior using scientific methods such as:

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criminal demography  – the study of the relationship between criminality and population  criminal  epidiomology  – the study of the relationship between environment and criminality  criminal ecology  – the study of criminality in relation to the spatial distribution in a community  criminal physical anthropology  – the study of criminality in relation to physical constitution of men  criminal psychology  – the study of human behavior in relation to criminality  criminal psychiatry  – the study of human mind in relation to criminality  victimology   – the study of the role of the victim in the commission of a crime

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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  - asserts that a person commits wrongful acts due to the fact that he was possessed by demons.

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2. CLASSICAL SCHOOL OF CRIMINOLOGY 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, individuals 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 the 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.

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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

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

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people want to achieve pleasure and avoid pain.  b.  Crime provides some pleasure to the criminal.  c. To deter crime, he believed that one must administer pain in an appropriate amount to counterbalance the pleasure obtain from crime.  d. Famous in sayings “  Let the punishment fit the crime”

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In forming a human society, men and women sacrifice a portion of their liberty so as to enjoy peace and security.   Punishments that go beyond the need of preserving the public safety are in their nature unjust. Criminal laws must be clear and certain.  Judges must make uniform judgments in similar crimes.  The law must specify the degree of evidence that will justify the detention of an accused offender prior to his trial. Accusations must be public.  False accusations should be severely punished.

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM

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To torture accused offenders to obtain a confession is inadmissible.  The promptitude of punishment is one of the most effective curbs on crime.  The aim of punishment can only be to prevent the criminal from committing new crimes against his countrymen, and to keep others from doing likewise.  Punishments, therefore, and the method of inflicting them, should be chosen in due proportion to the crime, so as to make the most lasting impression on the minds of men…  Capital punishment is inefficacious and its place should be substituted life imprisonment. It is better to prevent crimes than to punish them.  That is the chief purpose of all good legislation.

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Jeremy Bentham  (1748-1832) his contribution to classical school of criminology is the concept of utilitarianism and the felicific calculus.  proposed “Utilitarian Hedonism” which explains that person always acts in such a way to seek pleasure and avoid pain.  founded the concept of  UTILITARIANISM  – assumes that all our actions are calculated in accordance with their likelihood of bringing pleasure and pain  devised the pseudo-mathematical formula called “ felicific calculus ” which states that individuals are human calculators who put all the factors into an equation in order to decide whether a particular crime is worth committing or not  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

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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.  - others refer to it as the  greatest happiness principle  or the  principle of utility.  -  from this principle, Bentham formulated the “ felicific calculus ”.

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Felicific Calculus  or the pleasure-and-pain principle – is a theory that proposes that individuals calculate the consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he would derive from doing the action.  3. NEOCLASSICAL CRIMINOLOGY 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 are   pathology, incompetence, insanity or any condition that will make it impossible for the individual to exercise free will entirely .  In the study of legal provisions, this is termed as either mitigating or exempting circumstances.

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Effects of Neo Classical School of thoughts: 1. Children and lunatics are exempted from punishment. 2. Certain mitigating circumstances should be taken into account.

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The term  “positivism” , refers to a method of analysis based on the collection of observable scientific facts. Positivists believe that causes of behavior can be measured and observed.  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 behaviors are imposed upon them by biological and environmental factors.

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- He 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”. THE (UN) HOLY THREE (3) OF CRIMINOLOGY 1.  Cesare  Lombroso  2.  Enricco   Ferri   3.  Raffaelle   Garofalo

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- 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).  - he claimed that criminals are distinguishable from non-criminals due to the presence of atavistic stigmata and crimes committed by those who are born with certain recognizable heredity traits.  - according to his theory, criminals are usually in possession of huge jaws and strong canine teeth, the arm span of criminals is often greater than their height, just like that of apes  who use their forearms to push themselves along the ground.   - other physical stigmata include deviation in head size and shape, asymmetry of the face, excessive dimensions of the jaw and cheekbones, eye defects and peculiarities, ears of unusual size, nose twisted, upturned or flattened in thieves, or aquiline or beaklike in murderers, fleshy lips, swollen and protruding, and pouches in the cheek like those of animal’s toes

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Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person      -  according to him, there are three (3) classes of criminals:  born criminals  – individuals with at least  five (5) atavistic stigmata   insane criminals  – those who became criminals because of some brain defect which affected their ability to understand and differentiate what is right from what is wrong.  criminaloids   -  those with makeup of an ambiguous group that includes  habitual criminals, criminals by passion  and other diverse types

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he focused his study on the influences of  psychological factors  and  sociological factors  such as economics, on crimes.  He believed that criminals 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.

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He treated the roots of the criminals’ behavior not to physical features but to their psychology equivalent, which he referred to as moral anomalies. He rejected the doctrine of freewill. Types of criminals according to Garofalo: Murderers – from vengeance and revenge Violent Criminals – commits very serious crimes Deficient Criminals – commit crimes against property Lascivious Criminals- commits  crie  against chastity

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1. BIOLOGICAL THEORIES  -  this refers to the set of theories that point to physical, physiological and other natural factors as the causes for the commission of crimes of certain individuals.  - This explanation for the existence of criminal traits associates an individual’s evil disposition to physical disfigurement or impairment.    Physiognomy  – the study of facial features and their relation to human behavior.  Giambiatista   dela   Porta   - founder of human physiognomy  according to him criminal behavior may be predicted based on facial features of the person.  Johann  Kaspar   Lavater   - supported the belief of  dela   Porta   - he believed that a person’s character is revealed through his facial characteristics.

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b. Phrenology, Craniology or  Cranioscopy   – the study of the external formation of the skull in relation to the person’s personality and tendencies toward criminal behavior.  Franz Joseph Gall  he developed  cranioscopy  which was later renamed as phrenology.  Johann  Kaspar   Spurzheim   assistant of Gall in the study of phrenology.  he was the man most responsible for popularizing and spreading phrenology to a wide audience

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C .  Physiology or Somatotype  – refers to the study of body build of a person in relation to his temperament and personality and the type of offense he is most prone to commit.  Ernst  Kretschmer   he distinguished three (3) principal types of physiques:  asthenic, athletic,  pyknik   and  dysplastic.  asthenic  – characterized as thin, small and weak.  athletic  – muscular and strong.  pyknic  – stout, round and fat.  dysplastic  – combination of two body types  William Herbert Sheldon  formulated his own group of somatotype:  ectomorph, mesomorph and endomorph.  ectomorph  – tall and thin and less social and more intellectual than the other types.  mesomorph  – have well-developed muscles and an athletic appearance.   endomorph  – heavy builds and slow moving

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d. Heredity  – the transmission of traits from parents to offspring.  1. Richard Louis  Dugdale   conducted a study of the Jukes family by researching their family tree as far back 200 years. He discovered that most of the ascendants of the Jukes were criminals.  ADA JUKES as the Mother of Criminals. 2. Henry Goddard  he traced the descendants of the Martin Kallikak from each of his two wives and found a distinct difference in terms of quality of lives of descendants. He coined the term  “moron”.  3. Charles Goring he believed that criminal traits can be passed from parents to offspring through the genes.  he proposed that individuals who possess criminal characteristics should be prohibited from having children.

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INTELLIGENCE AS A FACTOR IN CRIMINALITY  	 	The classic studies of the Juke and  Kallikak  families were among the first to show that feeblemindedness or low-intelligence can be inherited and transferred from one generation to the next.  Numerous test were also conducted that lead to the development of the use of IQ tests as a testing procedure for offenders.  The very first results seemed to confirm that offenders had low mental abilities and they were found to be mentally impaired.

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ALFRED BINET  – a French psychologist who developed the first IQ test.  - the test measured the capacity of individual children to perform tasks or solve problems in relation to the average capacity of their peers.  EARNEST HOOTON -   relates  hereditary inferiority  to criminality HENRY MAUDSLEY – pioneered criteria for legal  responsibuility ;  “Pathology of Mind” , he believed that insanity and criminal behavior were strongly linked.

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3. PSYCHOLOGICAL THEORIES  refers to the theories that attribute criminal behavior of individuals to psychological factors, such as emotion and mental problems.  a.  Sigmund Freud  -  he is recognized as the FATHER OF PSYCHOANALYSIS -  known for his  psychoanalytic theory -  according to him, criminality is caused by the imbalance of the three (3) components of personality:  the id, the ego, and the superego.  - according to him there are three parts of personality:

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1. ID  – this stands for instinctual drives; the primitive part of the individual’s mental make-up  present at birth;   it is governed by the  “ pleasure principle ” ; represents the  unconscious biological drives  for pleasure. 2. EGO  – this is considered to be the sensible and responsible part of an individual’s personality and is governed by the  “reality principle”;  it is  developed early in life  and  compensates for the demands of the id  by helping the individual guide his actions to remain within the boundaries of accepted social behavior; it is the objective, rational part of the personality  3. SUPEREGO  – serves as the  moral conscience  of an individual; it is structured by what values were taught by the parents, the school and the community, as well as belief in God; it is largely responsible for making a person follow the moral codes of society.  It is divided into two parts: conscience  (tells what is right or wrong) and  ego ideal  (directs the individual to morally acceptable and responsible behaviors, which may not be pleasurable).

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4. SOCIOLOGICAL THEORIES  - sociological factors refer to things, places and people with whom we come in contact with and which play a part in determining our actions and conduct. These causes may bring about the development of criminal behavior.  a. Emile Durkheim  -  he stated that crime is a normal part of the society just like birth and death.  - proposed the concept of  “anomie”  or  the absence of social norms . It is characterized by disorder due to lack of common values shared by individuals, lack of respect for authority and lack of appreciation for what is acceptable and not acceptable in a society.

CRIM 1: Introduction to Criminology

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