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Criminology Etymological Definition -Criminology (from Latin crīmen,"accusation"; and Greek -λογία, -logia) is the scientific approach to studying criminal behavior. The term was coined in 1885 by Raffaele Garofalo, an Italian law professor. Classic Definition – According to Edwin Sutherland and Donald Cressey: Criminology is a body of knowledge regarding crime as a social phenomenon. It includes within its scope the processes of making laws, of breaking of laws, and of reaction toward the breaking of laws. May be defined as a scientific study of crime and its treatment. ( Elliot and Merrill) Is the study which includes all the subject matter necessary to understanding and prevention of crimes together with the punishment and treatment of delinquents and criminals. (Taft)
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Raffaele Garofalo Coined the term criminology ( Criminologia ) Paul Topinard Used the word Criminology for the first time in French (Criminologie)
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HISTORICAL BACKGROUND OF CRIMINOLOGY Criminology as a scientific study of crime and criminality is somewhat recent development, even if written codes have existed for thousand of years, these were limited only in defining crimes and setting punishments, as to what motivated people to contravene the law. In the Middle Age, 1200-1600, superstition and fear of satanic control dominated mans’ thinking. It was common practice to use cruel punishments or torture to extract confessions, and those convicted of violent crimes will suffer from extremely harsh punishments, such as whipping, maiming, branding, banishment and outright execution. In the 19th Century at Europe, Cesare Lombroso, an Italian Philosopher, founded the Positivistic School of Criminology and argued that a criminal person by birth is a distinctive type.
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Criminal Etiology In this department a systematic investigation into the various causes of crime is made. It deals with the social and personal factors responsible for the occurrence of crime and growth of criminals.
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Demonological or Pre- Scientific School of Thoughts The most ancient theory of crime and dates back to pre-scientific age. As is clear from the very name demonology, according to thinkers belonging to this point of view, the crime is handiwork of the devil. There are tow opposing forces: the godly force and the satanic force.
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Classical School of Thoughts Develop in the mid 18 th century and was based on utilitarian philosophy. Cesare Beccaria – Italian Philosopher and Politician best known for his treatise crime and punishment.
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Jeremy Bentham – English jurist, philosopher and legal and social reformer. Hedonism – a concept that provides that man balance the pleasure derived from illegal acts to that of the pain to be imposed upon him (Hedonistic). Utilitarianism - punishment would be meted out in proper proportion to the effect the greatest happiness for the greatest number.
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Social Contract Theory Men originally were without government. But created the State through a “social contract” (association of human being). Deterrence Theory Law breakers should be punished for the future deterrence.
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Neo-Classical School of Thoughts They contend that classical doctrine was correct in general; it should be modified in some details because of the following reasons: 1. Children's and Lunatics cannot calculate pleasure and pains; they should not be regarded as criminals or to be punished. 2. They introduced the application of mitigating circumstances in imposing penalty.
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3. Punishment was imposed on some lawbreakers but not on others by recognition of the exception. 4. Individual responsibilities were taken into accounts, considering the psychology and sociology of crimes. The neo-classical agreement became the basic principles of the judicial and legal systems of western civilizations during last century.
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Positive School of Thoughts
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The positivist was likely to be scientist, mathematicians, doctors, and astronomers. The use of scientific research techniques and methods were common to those who studied criminals from a positivist perspective. In scientific analysis, data were collected to describe were collected to describe and explain different types of individuals as well as different social conditions.
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Cesare Lombroso ( 1836-1909) Italian Criminologist and the founder of the School of Positivist Criminology Founder of Criminal Anthropology and Father of Modern Criminology
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Lombroso deals with the following matter: 1. The viscous soldiers were distinguished from the ordinary soldier by their tattoos and by decency of the designs. 2. In studying insane, the patient, not the disease should be the object of attention ( Criminal not the Crime) 3. Classes of Criminals *Born criminals- atavism( Physical appearance) *Insane criminals – Idiots, Imbeciles *Criminaloids – persons suffering from the defects by reason of psychological defects not by physical (pyromaniacs, Kleptomaniacs)
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Enrico Ferri Born in 1856 and a student of Lombroso. Published in 1878 “ The Theory of the Denial of the Free Will”
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Rafaele Garofalo An Italian Jurist and a student of Lombroso. Born in Naples, 1852 Thinks that crime can be understood only as it is studied by scientific methods.
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Theories of Criminal Anthropology Physiognomy - is a theory based upon the idea that the assessment of the outer appearance, primarily the face, may give insights into one's character or personality. Phrenology- is a theory which claims to determine character, personality traits and criminality on the basis of the shape of the head (bumps of the head). Craniology is the study of bumps of the head.
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Other Sociological Causes of Crime 1. Lack of Parental Guidance 2. Broken Home and Family 3. Lack of Recreational Facilities 4. Lack of Employment 5. School Failure 6. Mass Communication 7. Political Causes
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Sociology of Law -This focuses on the nature of crime from the legalistic point of view. It is also delves the effects into the effects of the present laws upon crime.
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. 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 (451-450 B.C.) 7.Sumerian Code- Summer (3500 BC.) 8.Law of Moses ( 1500 B.C.-1900 B.C.) Early laws in the Philippines: Maragtas Code (1215) -the oldest law of Panay Island. Kalantiaw Code (1433) -2nd code of criminal justice.
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Definition of Crime Crime - is an act committed or omitted in violation of a public law forbidding it and commanding it. Three Types of Law 1. Divine Law 2. Natural Law 3. Statutory Law
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Elements of Crime 1. There must an act or omission 2. The act or omission must be voluntary 3. It is punishable by law There are three categories of crime: Felonies Misdemeanors Violations (also known as infractions)
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Criminal Law Criminal Law refers to the branch or division of law which defines crimes, treats of heir nature and provides for their punishments Sources of Criminal Law The Revised Penal Code ( Act 3815 ) Special Laws Penal Presidential Decree
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BASIC MAXIMS IN CRIMINAL LAW DOCTRINE OF PRO REO Whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenient to the offender and one strict to the offender – that interpretation which is lenient or favorable to the offender will be adopted. NULLUM CRIMEN, NULLA POENA SINE LEGE There is no crime when there is no law punishing the same.
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Anatomy of Crime Instrumentality – the means or implement use in the commission of crime. Opportunity – Consist of acts of commission by a person (victim), which enables another person (criminal) to operate the crime. Motive – Reason or cause of why a person or group of person will perpetrate a crime.
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Criminal Legal Sense – Are any person who has been found to have committed a wrongful act in the course of the standard judicial process. There must be a final verdict. Criminological sense – person is already a considered a criminal the moment he committed any anti-social act.
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CLASSIFICATION OF CRIMINALS
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Lombroso’s Classification 1. Atavist – born criminals 2. Insane Criminal 3. Criminaloid Kretschmer’s Classification Types of Physique 1. Pyknic (Taba) 2. Athletic (Maskulado) 3. Asthetic (Payat) 4. Dysplastic ( Mixed)
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Models of Penology 1. Retributive Justice 2. Justice Model 3. Utilitarianism Model 4. Redemption or Restorative Justice Model
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Retributive Justice Model Many of the early professional specialist were experts at execution, torture and mutilation. Code of Hammmurabi Principle of Lex talionis Justice Model It is the rejection of all hopes for rehabilitation and he indeterminate sentence. Justice model rejects any rehabilitation and primarily involves a restriction on freedom of movement.
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Utilitarianism Developed at the a time in history when intellectuals were concerned with the idea of social contract. Social Contract - consists basically of the doctrine that an individual is only bound to society by their consent. Redemption or Restorative Current redemptive philosophy in criminal justice tends to be about faith-based initiatives, and or religious-based correctional interventions.
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Punishments: Death as a Capital Punishment Death by Hanging Death with Dissection Asphyxiation or Strangulation Boiling to Death Burning Crucifixion Beheading Drowning Electrocution Lethal Injection Shooting Starvation and Dehydration Death Fights
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References: Introduction to criminology Frank E. Hagan Published: March 2016 Wikipedia Suggestopedia Revised Penal Code Introduction to criminology: theories, methods, and criminal behavior / Frank E. Hagan Crime and Criminology Rob White, Lauren Eisler and Fiona Haines
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