CRIM 1 Flashcards
1
Q
• according to________, “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.”
A
Edwin H. Sutherland
2
Q
- a body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them.
- 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
A
Criminology
3
Q
• any person who is a graduate of the Degree of Criminology, who has passed the examination for criminologists and is registered as such by the Board of Examiners of the Professional Regulation Commission (PRC).
A
Criminologist (R.A. 6506)
4
Q
Origin of the word “Criminology”
Etymologically, the term criminology came from the Latin word “______” meaning crime and Greek word “Logos” which means “to study”.
A
crimen
5
Q
In 1885,________, an Italian Law Professor coined the term criminologia.
A
Rafael Garofalo
6
Q
In 1889,_________, French Anthropologist, used the term criminology in French criminologie for the first time
A
Paul Topinard
7
Q
Principal Divisions of Criminology
A
- Etiology of Crimes
- Sociology of Law
- Penology
8
Q
– the scientific analysis of the causes of crimes and the criminal behavior.
A
- Etiology of Crimes
9
Q
– refers to the investigation of the nature of criminal law and its administration
A
- Sociology of Law
10
Q
– the study of the control of crimes and the rehabilitation of offender
A
- Penology
11
Q
Is criminology a science?
According to_______, criminology cannot become a science because it has not yet acquired universal validity.
A
George Wilker
12
Q
________, 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.
A
Edwin H. Sutherland
13
Q
Nature of Criminology
- It is_________ 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)
- It is a_________ because it studies crime as a social phenomenon. Crime is a social problem which has a great impact to society.
- It is _______ because the concepts of criminology and their applications adapt to the changing time.
- It is _________ 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.
A
applied science
social science
dynamic
nationalistic
14
Q
– the study of the relationship between criminality and population
A
criminal demography
15
Q
– the study of the relationship between environment and criminality
A
criminal epidiomology
16
Q
– the study of criminality in relation to the spatial distribution in a community
A
criminal ecology
17
Q
– the study of criminality in relation to physical constitution of men
A
criminal physical anthropology
18
Q
– the study of human behavior in relation to criminality
A
criminal psychology
19
Q
– the study of human mind in relation to criminality
A
criminal psychiatry
20
Q
– the study of the role of the victim in the commission of a crime
A
victimology
21
Q
– refers to a group of beliefs or ideas that support a specific theory.
A
School of Thought
22
Q
– set of statements devised to explain behavior, events or phenomenon, especially one that has been repeatedly tested and widely accepted.
A
Theory
23
Q
- asserts that a person commits wrongful acts due to the fact that he was possessed by demons.
A
- DEMONOLOGICAL THEORY
24
Q
This 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.
A
- CLASSICAL SCHOOL OF CRIMINOLOGY
25
Founders of classical school of criminology are _____ and _____
Cesare Beccaria and Jeremy Bentham.
26
- best known for his essay, “On Crimes and Punishment” which presented key ideas on the abolition Cesare Bonesana Marchese 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)
27
_____ believed that:
a. 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”
Beccaria
28
1. In forming a human society, men and women sacrifice a portion of their liberty so as to enjoy peace and security.
2. Punishments that go beyond the need of preserving the public safety are in their nature unjust.
3. Criminal laws must be clear and certain. Judges must make uniform judgments in similar crimes.
4. The law must specify the degree of evidence that will justify the detention of an accused offender prior to his trial.
5. Accusations must be public. False accusations should be severely punished.
6. To torture accused offenders to obtain a confession is inadmissible.
7. The promptitude of punishment is one of the most effective curbs on crime.
8. 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…
9. Capital punishment is inefficacious and its place should be substituted life imprisonment.
10. It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation.
HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM
29
- his contribution to classical school of criminology is the concept of utilitarianism and the felicific calculus.
Jeremy Bentham (1748-1832)
30
- explains that person always acts in such a way to seek pleasure and avoid pain.
Utilitarian Hedonism
31
– assumes that all our actions are calculated in accordance with their likelihood of bringing pleasure and pain
concept of UTILITARIANISM
32
- devised the pseudo-mathematical formula called “______” 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
felicific calculus
33
- 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
Jeremy Bentham
34
– 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”.
Utilitarianism
35
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.
Felicific Calculus
36
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.
3. NEOCLASSICAL CRIMINOLOGY
37
- The term “________”, refers to a method of analysis based on the collection of observable scientific facts.
positivism
38
- 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.
Positivists
4. POSITIVIST SCHOOL OF CRIMINOLOGY
39
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.
- Positive theorists
40
* 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”.
August Comte
41
THE (UN) HOLY THREE (3) OF CRIMINOLOGY
1. Cesare Lombroso
2. Enricco Ferri
3. Raffaelle Garofalo
42
• 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
Cesare Lombroso
43
• known for the concept of_______ (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__________ 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
• Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person
atavistic stigmata
44
(3) classes of criminals
a. born criminals
b. insane criminals
c. criminaloids
45
– individuals with at least five (5) atavistic stigmata
born criminals
46
– those who became criminals because of some brain defect which affected their ability to understand and differentiate what is right from what is wrong.
b. insane criminals
47
- those with makeup of an ambiguous group that includes habitual criminals, criminals by passion and other diverse types
c. criminaloids
48
- 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.
Enricco Ferri
49
- 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.
- Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious Criminals.
Raffaelle Garofallo
50
THEORIES OF CRIME CAUSATION
1. BIOLOGICAL THEORIES
2. INTELLIGENCE AS A FACTOR IN CRIMINALITY
3. PSYCHOLOGICAL THEORIES
51
- 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.
1. BIOLOGICAL THEORIES
52
– the study of facial features and their relation to human behavior.
a. Physiognomy
53
- founder of human physiognomy
| - according to him criminal behavior may be predicted based on facial features of the person.
1. Giambiatistadela Porta
54
- supported the belief of dela Porta
| - he believed that a person’s character is revealed through his facial characteristics.
2. Johann Kaspar Lavater
55
– the study of the external formation of the skull in relation to the person’s personality and tendencies toward criminal behavior.
b. Phrenology, Craniology or Cranioscopy
56
- he developed cranioscopy which was later renamed as phrenology.
1. Franz Joseph Gall
57
- assistant of Gall in the study of phrenology.
| - he was the man most responsible for popularizing and spreading phrenology to a wide audience
2. Johann Kaspar Spurzheim
58
– 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.
c. Physiology or Somatotype
59
- he distinguished three (3) principal types of physiques: asthenic, athletic, pyknic and dysplastic.
1. Ernst Kretschmer
60
– characterized as thin, small and weak.
a. asthenic
61
– muscular and strong.
b. athletic
62
– stout, round and fat.
c. pyknic
63
– combination of two body types
d. dysplastic
64
formulated his own group of somatotype: ectomorph, mesomorph and endomorph.
2. William Herbert Sheldon
65
– tall and thin and less social and more intellectual than the other types.
a. ectomorph
66
– have well-developed muscles and an athletic appearance.
b. mesomorph
67
– heavy builds and slow moving.
c. endomorph
68
– the transmission of traits from parents to offspring.
d. Heredity
69
- 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.
1. Richard Louis Dugdale
70
- 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”.
2. Henry Goddard
71
- 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.
3. Charles Goring
72
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.
2. INTELLIGENCE AS A FACTOR IN CRIMINALITY
73
– 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.
ALFRED BINET
74
- refers to the theories that attribute criminal behavior of individuals to psychological factors, such as emotion and mental problems.
3. PSYCHOLOGICAL THEORIES
75
- he is recognized as the FATHER OF PSYCHOANALYSIS
| - known for his psychoanalytic theory
a. Sigmund Freud
76
- according to him, criminality is caused by the imbalance of the three (3) components of personality: the id, the ego, and the superego.
a. Sigmund Freud
77
– this stands for instinctual drives; it is governed by the “pleasure principle”; the id impulses are not social and must be repressed or adapted so that they may become socially acceptable
ID
78
– 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
EGO
79
– 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
SUPEREGO
80
- 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.
4.SOCIOLOGICAL THEORIES
| sociological factors
81
- he stated that crime is a normal part of the society just like birth and death.
- proposed the concept of “________” 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.
a. Emile Durkheim
| anomie
82
- introduced the theory of imitation which proposes the process by which people become criminals.
- according to this theory, individuals imitate the behavior of other individuals based on the degree of their association with other individuals and it is inferior or weak who tend to imitate the superior and strong.
b. Gabriel Tarde
83
- He repudiated the free will doctrine of the classicists
- founder of cartographic school of criminology.
- founder of moral statistics.
- cartographic school of criminology made use of statistical data such as population, age, gender, occupation, religious affiliations and social economic status and studies their influences and relationship to criminality.
c. Adolphe Quetelet and Andre Michael Guerry
84
- environmental factors such as the kind of rearing or family upbringing, quality of teaching in school, influences of peers and friends, conditions of the neighborhood, and economic and other societal factors are believed to be contributory to crime and criminal behavior.
MODERN SOCIOLOGICAL THEORIES OF CRIME CAUSATION
85
- refers not only to the physical features of the communities but also to the way society is organized.
- include such things as level of poverty and unemployment and the amount of crowded housing which are believed to affect behavior and attitudes of individuals which in turn contribute to their commission of crimes.
- also called social environment
- includes social disorganization theory, strain theory and cultural deviance theory.
1. SOCIAL STRUCTURE THEORIES
86
crimes in urban areas are more prevalent because residents have impersonal relationships with each other.
- increase in the number of broken families and single parenthood are also very common in disorganized communities.
- another feature of disorganized community is poverty as evidenced by poor living conditions such as rundown houses, unsanitary and unsightly streets and high unemployment rates.
a. Social Disorganization Theory
| - popularized by Clifford Shaw and Henry McKay.
