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Sociology of Crimes & Ethics

Criminological Theories, Types of Criminals & Professional Ethics

Criminological Theories

Classical School (Beccaria & Bentham)

  • Crime is a result of free will and rational choice
  • Punishment should fit the crime (proportionality)
  • Punishment should be swift, certain, and severe enough to deter
  • Focus on the crime, not the criminal

Key proponents: Cesare Beccaria, Jeremy Bentham

Positivist School (Lombroso)

  • Crime is caused by factors beyond individual control
  • Scientific study of criminals (empirical approach)
  • Focus on the criminal, not just the crime
  • Treatment and rehabilitation over punishment

Key proponents: Cesare Lombroso (Father of Modern Criminology), Enrico Ferri, Raffaele Garofalo

Biological/Physiological Theories

  • Lombroso's Born Criminal: Physical stigmata indicate criminality
  • Body Type Theory (Sheldon): Mesomorphs more prone to crime
  • XYY Chromosome Theory: Extra Y chromosome linked to aggression
  • Heredity Studies: Criminal tendencies may be inherited

Psychological Theories

  • Psychoanalytic (Freud): Unresolved conflicts in unconscious
  • Personality Theory: Antisocial personality traits
  • Mental Disorders: Psychopathy, sociopathy
  • Intelligence Theory: Low IQ linked to crime (controversial)

Sociological Theories

  • Anomie/Strain (Merton): Gap between goals and means
  • Differential Association (Sutherland): Crime is learned behavior
  • Social Control (Hirschi): Weak bonds lead to crime
  • Labeling Theory: Being labeled criminal reinforces behavior
  • Social Disorganization: Breakdown of community controls

Classification of Criminals

Lombroso's Classification

Born Criminal (Atavistic)

Possesses physical characteristics (stigmata) that indicate criminal tendencies

Insane Criminal

Commits crime due to mental illness or abnormality

Criminaloid

Commits crime due to environmental circumstances; weak in nature

Criminal by Passion

Commits crime under intense emotion (anger, jealousy, love)

Garofalo's Classification

Murderer (Extreme Criminal)

Lacks both pity and probity

Violent Criminal

Lacks pity, commits violent crimes

Thief (Deficient in Probity)

Lacks honesty/integrity

Lascivious Criminal

Commits sex-related crimes

By Etiology (Cause)

Acute Criminal

Commits crime due to sudden impulse or extreme provocation

Chronic Criminal

Habitual offender with repeated criminal behavior

Situational Criminal

Commits crime due to opportunity or circumstances

Professional Ethics

Code of Ethics for Criminologists

Criminologists must uphold the highest standards of professional conduct. Key principles include:

  • Integrity and honesty in all dealings
  • Competence and continuous professional development
  • Confidentiality of information
  • Respect for human dignity and rights
  • Accountability for professional actions

R.A. 6506 (Criminology Profession Act)

  • Regulates the practice of criminology in the Philippines
  • Establishes the Board of Criminology under PRC
  • Sets qualifications for criminology examinees
  • Defines scope of practice for criminologists

R.A. 11131 (Philippine Criminology Profession Act of 2018)

Updated law that modernizes the criminology profession:

  • Changed title from "Criminologist" to "Registered Criminologist (RCrim)"
  • Updated examination subjects
  • Strengthened requirements for practice
  • Updated CPD requirements

Human Rights in Law Enforcement

Universal Declaration of Human Rights (UDHR)

Adopted by the UN in 1948, it establishes fundamental rights for all people. Key articles relevant to criminology:

  • Article 3: Right to life, liberty, and security
  • Article 5: Freedom from torture and cruel punishment
  • Article 9: Freedom from arbitrary arrest
  • Article 10: Right to fair trial
  • Article 11: Presumption of innocence

Rights of the Accused

  • Presumption of innocence
  • Right to counsel
  • Right to remain silent
  • Right to be informed of charges
  • Right to speedy trial
  • Right against self-incrimination

Rights of Detainees

  • Humane treatment
  • Access to legal counsel
  • Communication with family
  • Medical attention when needed
  • Freedom from torture
  • Proper living conditions

Commission on Human Rights (CHR)

Independent constitutional body that:

  • Investigates human rights violations
  • Provides legal assistance to victims
  • Monitors government compliance with human rights treaties
  • Recommends prosecution of violators

Victimology

Definition

The scientific study of victims, their characteristics, and their relationship to offenders.

Types of Victims (Mendelsohn)

Completely Innocent Victim

Bears no responsibility; e.g., children, sleeping persons

Victim with Minor Guilt

Slight contribution to victimization; e.g., jaywalker hit by car

Victim as Guilty as Offender

Equal responsibility; e.g., suicide, dueling

Victim More Guilty than Offender

Provokes or initiates; e.g., attacker killed in self-defense

Most Guilty Victim

Simulating or imaginary victim; false accusers

Key Terms & Concepts

Recidivism - Tendency to relapse into criminal behavior; repeat offending

Anomie - State of normlessness; breakdown of social standards (Durkheim/Merton)

Social Disorganization - Breakdown of community institutions and relationships

White-Collar Crime - Non-violent crimes committed by professionals for financial gain

Organized Crime - Criminal activities by structured groups (syndicates, gangs)

Penology - Study of punishment and prison management