Flashcards in CRIM 1 Deck (86)
• 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.”
Edwin H. Sutherland
• 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
• 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).
Criminologist (R.A. 6506)
Origin of the word “Criminology”
Etymologically, the term criminology came from the Latin word “______” meaning crime and Greek word “Logos” which means “to study”.
In 1885,________, an Italian Law Professor coined the term criminologia.
In 1889,_________, French Anthropologist, used the term criminology in French criminologie for the first time
Principal Divisions of Criminology
1. Etiology of Crimes
2. Sociology of Law
– the scientific analysis of the causes of crimes and the criminal behavior.
1. Etiology of Crimes
– refers to the investigation of the nature of criminal law and its administration
2. Sociology of Law
– the study of the control of crimes and the rehabilitation of offender
Is criminology a science?
According to_______, criminology cannot become a science because it has not yet acquired universal validity.
________, 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.
Edwin H. Sutherland
Nature of Criminology
1. 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)
2. It is a_________ because it studies crime as a social phenomenon. Crime is a social problem which has a great impact to society.
3. It is _______ because the concepts of criminology and their applications adapt to the changing time.
4. 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.
– the study of the relationship between criminality and population
– the study of the relationship between environment and criminality
– the study of criminality in relation to the spatial distribution in a community
– the study of criminality in relation to physical constitution of men
criminal physical anthropology
– the study of human behavior in relation to criminality
– the study of human mind in relation to criminality
– the study of the role of the victim in the commission of a crime
– refers to a group of beliefs or ideas that support a specific theory.
School of Thought
– set of statements devised to explain behavior, events or phenomenon, especially one that has been repeatedly tested and widely accepted.
- asserts that a person commits wrongful acts due to the fact that he was possessed by demons.
1. DEMONOLOGICAL THEORY
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.
2. CLASSICAL SCHOOL OF CRIMINOLOGY
Founders of classical school of criminology are _____ and _____
Cesare Beccaria and Jeremy Bentham.
- 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)
_____ 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”
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
- his contribution to classical school of criminology is the concept of utilitarianism and the felicific calculus.
Jeremy Bentham (1748-1832)