Transcript
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 eplain the connectionbetween crime and the personal characteristics ofthe offender including his environment !he scientific study of crimes and criminals isetended 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 eamination may be utilied' !his is calledinstrumentation' $) It is a social science. &n as much as crime is a social creation, that iteists 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 theeisting 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 idiml!$ the study of therelationship between environment and criminality c) criminal ecl!$ 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&iml!$ 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 CRIMEELEMENTS 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 Cde $) OFFENSE -an act or omission in violation of a % ecial la+ %) INFRACTION -an act or omission in violation of a ci&$ r m,nici alrdinance 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 realie the consequences of one8s act%)intentowhen the person knowingly and purposely committedthe crime to effect the desired result b) CULPALE 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) cn%,mma&ed crime when all the elementsnecessary for its eecution and accomplishment arepresent b) .r,%&ra&ed crime when the offender has performedall the acts of eecution 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 eecution 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) cm 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: