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Introduction To Criminology And Psychology Of Crimes

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  1 SOCIOLOGY OF CRIME AND ETHICSINTRODUCTION TO CRIMINOLOGY and PSYCHOLOGY OFCRIMES (CRIM 1) CRIMINOLOGY -the entire body of knowledge regarding crimes,criminals and the efforts of society to prevent andrepress them -a body of knowledge regarding delinquency and crimeas a social phenomenon; it includes within itsscope, the making of laws, the breaking of laws andthe reactions toward the breaking of laws (EdwinSutherland) -the scientific study of the causes of crime inrelation to man and society who set and define rulesand regulations for himself and others to govern -the study of crimes, causes of crimes, the meaningof crime in terms of law and community reaction tocrime -the study that aims to eplain the connectionbetween crime and the personal characteristics ofthe offender including his environment !he scientific study of crimes and criminals isetended in three basic lines #)nature of criminal law and its administration $)causes of crimes and behavior of criminals %)control of crimes and rehabilitation of offenders  NATURE OF CRIMINOLOGY #) It is an applied science.  &n the study of the causes of crimes, anthropology,psychology, sociology and other natural sciences may beapplied' hile in crime detection, chemistry, medicine,physics, mathematics, ballistics, polygraphy, questioneddocument eamination may be utilied' !his is calledinstrumentation' $) It is a social science.  &n as much as crime is a social creation, that iteists in a society being a social phenomenon, its studymust be considered a part of social science'  1 %) It is dynamic.  *riminology changes as social condition changes' &t isconcomitant with the advancement of other sciences that havebeen applied to it' +) It is nationalistic.  !he study of crimes must be in relation with theeisting criminal law within a territory or country' !hequestion as to whether an act is a crime is dependent on thecriminal law of a state' &t follows therefore that thecauses of crime must be determined from its social needs andstandards' SCOPE OF THE STUDY OF CRIMINOLOGY #)study of the origin and development of criminal law $)study of the causes of crimes and development ofcriminals' %)study of the different factors that enhances thedevelopment of criminal behavior, such as a) criminal dem!ra #$   the study of therelationship between criminality and population b) criminal e idiml!$   the study of therelationship between environment and criminality c) criminal ecl!$   the study of criminality inrelation to the spatial distribution in acommunity d) criminal #$%ical an&#r l!$   the study ofcriminality in relation to physical constitutionof men e) criminal %$c#l!$   the study of human behaviorin relation to criminality f) criminal %$c#ia&r$   the study of human mind inrelation to criminality g) 'ic&iml!$  the study of the role of the victimin the commission of a crime CRIME -an act or omission in violation of a public lawforbidding or commanding it TRIANGLE OF CRIMEELEMENTS OF CRIME #)ES&.E $)*/0/1&2&!34/1&2&!3%)5005.!67&!3 CRIME OF COMMISSION -an act that is in violation of a law forbidding it  1 -performing an act that is prohibited by law CRIME OF OMISSION -an act that is in violation of a law commanding it -failure to perform an act that is commanded by law  ACT -any action with outward manifestation -overt and physical action done in pursuance andmanifestation of a criminal design or intent SU*CLASSIFICATION OF CRIMES #) FELONY -an act or omission punishable by law which iscommitted by means of dolo (deceit)  or culpa(fault) and punishable under the Re'i%ed Penal Cde  $) OFFENSE -an act or omission in violation of a % ecial la+  %) INFRACTION -an act or omission in violation of a ci&$ r m,nici alrdinance ELEMENTS OF A FELONY a) INTENTIONAL FELONIES- -felonies committed by means of dolo (deceit) -the act or omission is performed with deliberateintent or malice #)freedom or voluntariness owhen the person acted on his own accord, withoutirresistible force and4or uncontrollable fear $)intelligenceowhen the person who committed the crime has theability to determine what is right from what iswrong and to realie the consequences of one8s act%)intentowhen the person knowingly and purposely committedthe crime to effect the desired result b) CULPALE FELONIES-  -felonies committed by means of culpa (fault) -the act or omission of the offender is notmalicious and the in9ury caused by the offender isunintentional, it being simply the incident ofanother act performed without malice #)imprudence  1 odeficiency in action; failure to take thenecessary precaution to prevent the danger due tocarelessness $)negligence odeficiency in perception; failure to foresee thedanger %)lack of foresightowhen the crime resulted due to the person8sinability to predict the obvious possible outcomeof his actions +)lack of skill owhen the crime resulted because the person doesnot have the necessary skill to perform the actionsafely LEGAL CLASSIFICATION OF CRIMES #) as to the manner crimes are committed:  a)by means of dolo or deceit b)by means of culpa or fault $) as to the stages in the commission of crimes:  a) cn%,mma&ed crime   when all the elementsnecessary for its eecution and accomplishment arepresent b) .r,%&ra&ed crime   when the offender has performedall the acts of eecution which will produce thefelony as a consequence but which nevertheless donot produce it, by reason of causes independent ofthe will of the perpetrator c) a&&em &ed crime  - when the offender commences thecommission of a crime directly by overt acts anddoes not perform all the acts of eecution whichshould produce the felony by reason of some causeor accident other than his own spontaneousdesistance /) according to plurality: a) %im le crime   single act constituting only oneoffense b) cm le0 crime   single act constituting two or moregrave felonies or an act is a necessary means forcommitting the other (e' .obbery with :omicide,.obbery with .ape, ) according to gravity: