CRIMINAL BEHAVIOR AND INTELLIGENCE Flashcards
refers to a behavior which is criminal in nature; a behavior which violates a law. Thus, the moment a person violates the law, he has already committed [exhibited] criminal behavior. Criminal behavior refers to conduct of an offender that Leads to and including the commission of an unlawful act.
Criminal Behavior
According to ________, for human behavior to be considered a crime, three elements are necessary:
1. Legally, the criminal act should be prohibited by law.
2. Materially, the criminal act should be executed or realized.
3. Spiritually, the criminal act should be accompanied by criminal intention or guilt. These three elements must be present for an act to be labeled as a crime
Goldoozian
Heredity as a factor implies that criminal acts are unavoidable consequences of the bad seed or bad blood. It emphasizes genetic predisposition toward antisocial and criminal conduct. The following are some studies and theories related to biological causes of crime:
A. Born Criminal (Cesare Lombroso)
B. Physique and Somatotype (Ernst Kretschmer and William Sheldon)
C. Juke and Kallikak (Richard Dugdale and Henry Goddard)
Biological Factor
refers to an act that exhibits a pervasive pattern of disregard for and violation of the rights of others that begins in childhood or early adolescence and continues into adulthood such as Anti-Social Personality Disorder (Psychoanalytic Theory-Sigmund Freud)
Personality Disorder Factor
explains that criminal behavior is learned primarily by observing or listening to people around us. The following are related learning theories, to wit:
A. Differential Association Theory (Edwin Sutherland)
B. Imitation Theory (Gabriel Tarde)
C. Identification Theory (Daniel Classer)
Learning Factor
points to inherited predispositions and physiological processes to explain individual differences in personality. It is a perspective that emphasizes the role of biological processes and heredity as the key to understanding behavior
Biological Approach
identifies personal responsibility and feelings of self-acceptance as the key causes of differences in personality. This perspective focuses on how humans have evolved and adapted behaviors required for survival against various environmental pressures over the long course of evolution
Humanistic Approach
explains consistent behavior patterns as the result of conditioning and expectations. This emphasizes the role of environment in shaping behavior.
- What is Behavioral Personality Theory? It is a model of personality that emphasizes learning and observable behavior.
- What is Social Learning Theory? It is an explanation of personality that combines learning principles, cognition, and the effects of social relationships.
- What is Self-reinforcement? This is the praising or rewarding oneself for having made a particular response.
- What is Identification? It is a feeling from which one is emotionally connected to a person and a way of seeing oneself as himself or herself. The child admires adults who love and care for him/her and this encourages imitation
Behavioral/Social Learning Approach
looks at differences in the way people process information to explain differences in behavior. This perspective emphasizes the role of mental processes that underlie behavior
Cognitive Approach
generally points to at least three characteristics. First, intelligence is best understood as a compilation of brain-based cognitive abilities. According to 52 eminent intelligence researchers, intelligence reflects “a very general mental capability that, among other things, involves the ability to reason, plan, solve problems, think abstractly, comprehend complex ideas, learn quickly and learn from experience
Human intelligence
The Rule created a presumption of sanity, unless the defense proved “at the time of committing the act, the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know what he was doing was wrong.” This rule was adopted in the US, and the distinction of knowing right from wrong remained the basis for most decisions of legal insanity.
McNaughton (M’Naghten) Rule
states that, an accused is not criminally responsible if his unlawful act is the product of mental disease or mental defect.” Some States added to their statutes this doctrine which is also known as “irresistible impulse” recognizing some ill individuals may respond correctly but may be unable to control their behavior.
In the United States, the next advance in the insanity defense was The Durham Rule or “product test” adopted in 1954, which states that “… an accused is not criminally responsible if his unlawful act was the product of mental disease or defect”. This “product test” was overturned in 1972, largely because its ambiguous reference to “mental disease or defect” places undue emphasis on subjective judgments by psychiatrists, and can easily lead to a “battle of the experts”
Many states now adopt a version of guidelines set out by the American Law Institute in 1962, which allows the insanity defense if, by virtue of mental illness, the defendant (a) lacks the ability to understand the meaning of their act or (b) cannot control their impulses. This is sometimes known as the “irresistible impulse test
DURNHAM RULE
of the Code exempts a person from criminal liability in consideration of intelligence
Article 12
Any person who has committed a crime while the said person was imbecile or insane during the commission
Paragraph 1
When the ______________ has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court
imbecile or an insane person
A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code (Revised Penal Code).
Paragraph 2
Any person having an age of 9 years old and below.
Paragraph 3
________ (__) years old is within the stage of adolescence the transition age which is characterized by curiosity, tryouts, and identity crisis. These circumstances expose them to risky and delinquent behavior. At this age, children are not yet emotionally stable and their social judgment has not yet matured.
Fifteen (15)
