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COLLEGE
INC.
PUROK CARMENVILLE,
BRGY. CALUMPANG,
GENERAL SANTOS CITY
A Review notes in
Criminology)
Name of Student, Year & Section
AL BIEN D.
ESCOBAÑEZ, R.
CRIM, MS CJ
(CAR)
Compiler
INTRODUCTION TO CRIMINOLOGY
CRIMINOLOGY defined Criminology - is a body of knowledge regarding delinquency and crime as a social phenomenon (Tradio, 1999). It may also refer to the study of crimes and criminals and the attempt of analyzing scientifically their causes and control and the treatment of criminals. Criminology - is a multidisciplinary study of crimes (Bartol, 1995). This means that many disciplines are involved in the collection of knowledge about criminal action, including, psychology, sociology, anthropology, biology, neurology, political science and economics. But over the years, sociology, psychology, and psychiatry have dominated the study of crime. Sub-Fields of Criminology Sociological Criminology – the study of crime focused on the group of people and society as a whole. It is primarily based on the examination of the relationship of demographic and group variables to crime. Variables such as socioeconomic status, interpersonal relationships, age, race, gender, and cultural groups of people are probed in relation to the environmental factors that are most conducive to criminal action, such as time, place, and circumstances surrounding the crime. Psychological Criminology – the science of behavior and mental processes of the criminal. It is focused on the individual criminal behavior-how it is acquired, evoked, maintained, and modified. Both the environmental and personality influences are considered, along with the mental processes that mediate the behavior. Psychiatric Criminology – the science that deals with the study of crime through forensic psychiatry, the study of criminal behavior in terms of motives and drives that strongly relies on the individual. (Psychoanalytic Theory - Sigmund Freud – traditional view). It also explains that criminals are acting out of uncontrollable animalistic, unconscious, or biological urges (modern view). Scope of the Study of Criminology
- Criminal Behavior or Criminal Etiology - the scientific analysis of the causes of crime;
- Sociology of Law - the study of law and its application; PAGE 1 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
CHAPTER I
INTRODUCTION
DEFINITION OF CRIMINOLOGY
In its broadest sense, Criminology is defined as the study of knowledge regarding crime and criminals as a social phenomenon, and the effort of society to prevent and repress them. In its narrower sense, criminology is defined as the scientific study of crimes and criminals. This scientific study is extended on three basic areas: a. Investigation of the nature of criminal law and its administration b. Analysis of the causation of crimes and the behavior of criminals c. Study of the control of crimes and the rehabilitation of offenders VARIOUS STUDIES AND SCIENCES RELATED TO THE STUDY OF CRIMINOLOGY
- Study of law
- Science of medicine, chemistry and others
- Religion
- Education
- Social work involving sociology and psychology
- Public administration NATURE OF CRIMINOLOGY Generally, Criminology cannot be considered a science because it has not yet acquired universal validity and acceptance. It is not stable and it varies from one time, place to another. However, considering that science is the systematic and objective study of social phenomenon and other bodies of knowledge, criminology is a science in itself when applied to law enforcement and prevention of crimes under the following nature: 1. It is an applied science – In the study of the cause of the crimes, anthropology, sociology and other natural sciences may be applied. While in crime detection, chemistry, medicine, physics, mathematics, ballistics, polygraph, legal medicine, questioned document examination may be utilized. This is called instrumentation. 2. It is a social science - in as much as crime.is a social creation and that it exists in a society being a social phenomenon, its study must be considered a part of social science. 3. It is dynamic – criminology changes as social condition changes. It is concomitant with the advancement of other sciences that have been applied to it. 4. It is nationalistic – the study of crimes must be in relation with the existing criminal law within the territory or country, the question as to whether an act is a crime is dependent on the criminal law of a state. It follows therefore, the cause of crimes must be determined from its social needs and standards. PAGE 2 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
SOME OPPORTUNITIES FOR GRADUATES OF CRIMINOLOGY
- In the law enforcement branches of the government, particularly in the civilian and police agencies
- In the management and administration of security agencies of commercial and industrial establishments.
- Document examiners of police agencies or verifier in the signature control of banks and other financial institutions.
- As custodial or correctional officers of penitentiaries or penal colonies.
- Rehabilitation officers of correctional institutions for juvenile delinquents.
- Laboratory technicians and experts in police laboratories
- Crime researcher and prevention program. CHAPTER II FUNDAMENTAL STUDY OF CRIMINAL LAW CRIMINAL OR PENAL LAW DEFINED Criminal or penal law is that branch of public law which defines crimes, treat of their nature, and provides for their punishment. The REVISED PENAL CODE is the book that contains the Philippine laws and decrees which are penal in nature. January 1, 1932 is the affectivity of the Revised Penal Code **CHARACTERISTICS OF CRIMINAL LAW
- IT IS GENERAL IN APPLICATION** The provisions of the criminal or penal law must be applied to all persons within the territory irrespective of sex, race, nationality, and other personal circumstances, with certain exceptions such as: a. Head of the state or country b. Foreign ambassador, diplomats who are duly accredited to a country c. Foreign troops permitted to march within the territory 2. IT IS TERRITORIAL IN CHARACTER As part of the right of a state to self-preservation, each independent country has the right to promulgate laws enforceable within its territorial jurisdiction subject to the limitations imposed by treaties of preferential application and by the operation of international law of nations. In the Philippines, the revised penal code is applicable only to the areas within the Philippine territorial jurisdiction such as: PAGE 4 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
a. Philippine Archipelago - all the islands comprising the Philippines. b. Atmosphere – the space above the Phil. Islands c. Interior water – all bodies of water that connect the Phil. Islands d. Maritime zone - the 3 miles limit beyond our shore measured at low tide Exceptions to its territoriality: The revise penal code shall be applicable to all cases committed outside the Philippine territorial jurisdiction under the following circumstances: a. should commit an offense while on a Philippine ship or airship b. should forge or counterfeit any coin or currency note of the Philippine island c. Should be liable for acts connected with the introduction into the islands of the obligations and currencies mentioned in the preceding paragraph. d. While being a public officer or employee, should commit an offense in the exercise of his functions. e. Should commit any of the crime against national security and law of nation defined in Title One of Book Two of the RPC. On the other hand, even if the crimes or felonies are committed within the Philippine territory, the revised penal code is not applicable under the following condition or reasons of: a. Provisions of treaty such as the Philippine United Stated Bases Agreement b. Operation of international law under the principle of reciprocity
3. IT IS SPECIFIC AND DEFINITE Criminal law must give definition of a specific act which constitute an offense. Where there is no doubt as to whether a definition embodied in the revised penal code applies to the accused or not, the judge is obligated to decide the case in favor of the accused. Criminal law must be construed liberally in favor of the accused and strictly against the State. 4. IT IS UNIFORM IN APPLICATION An act described as a crime is a crime no matter who committed it and whenever committed. No exception must be made as to the criminal liability. The definition of crimes together with the corresponding punishment must be uniformly construed, although there maybe differential enforcement of a given specific provisions of the penal law. 5. IT MUST BE PROSPECTIVE No person can be punished for his act which at the time he did it is not yet punishable by law. However, penal laws may be given retroactive effect when it is favorable to the accused who is not a habitual offender. 6. THERE MUST BE A PENAL SANCTION OR PUNISHMENT Penal sanction is the most essential part of the definition of crime. If there is no penalty to a prohibited act, its enforcement will almost be impossible. The penalty is PAGE 5 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
CHAPTER III
STUDY OF FELONIES AND CIMES
Definition of Crime and Felony Crime is defined as an act committed of omitted is violation of a public law commanding or forbidding it. Crime is also defined as an act that violates the law of nature. Felonies are act and omissions punishment by law. These are committed not only by means of deceit (dolo) but also means fault (culpa). (Art 3, RPC). ELEMENTSOF FELONY 1.There must be an act or omission 2.The act or omission must be voluntary
- It must be punishable by law **LEGAL CLASSIFICATIONS OF CRIMES OR FELONIES
- As to the manner crimes are committed** a. By means of dolo or deceit - When the act was done with deliberate intent. b. By means of culpa or fault - When the wrongful acts result from imprudence, negligence, lack of foresight or lack of skill. 2. As to the stages of the commission of crime a. Attempted Crimes - When the offender commences the commission of the felony directly by overt acts and does not perform all the acts of execution which would produce the felony by reason of some causes or accident other than his spontaneous desistance. b. Frustrated Crimes – When the offender has perform all the acts of execution which will produce the felony, as a consequence by which, nevertheless, do not produce the felony by reason of some cause independent of the will of the perpetrator. c. Consummated Crimes – When all the elements necessary for its execution and accomplishment are all present. 3.As to the Plurality of Crimes. a. Simple Crimes – When a single act constitute only one offense. b. Complex Crimes – When a single act constitute two or more crimes or when an offense is a necessary means for committing the other. 4. As to the Gravity of Penalty or offense a. Grave felonies- those which the law punishes or attaches the capital punishment or afflictive penalties. b. Less grave Felonies- Those which the law punishes with penalties which are correctional in nature PAGE 7 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
c. Light Felonies- Those infractions of law for the commission of which the penalty of arresto mayor or a fine not exceeding 200 pesos are imposed.
5. As to the basis of criminal act a. Crimes against person- such as rape, murder, homicide, parricide, abortion, infanticide, etc. b. Crimes against property- such as theft, robbery, arson, vandalism, etc. c. Crimes against chastity- such as seduction, abduction, etc. d. Crimes against public order- such as rebellion, etc. **e. Others CRIMINOLOGY CLASSIFICATRION OF CRIMES
- As to the result of crime** a. Acquisitive crime- when the offender acquires something as a consequence of his criminal act. b. Extinctive crime- when the end result of a criminal act is destructive. 2. As to the time or period committed a. Seasonal crimes- Those committed only during a certain period of the year or time like violation of tax law, election law, et b. Situational crimes- Those committed only when given the situation conductive to its commission. 3. As to the length of time committed a. Instant crimes- Those committed in a shortest possible time. b. Episodal Crimes- Those committed by a series of act in a lengthy space of time. 4. As to the place or location of the commission a. Static Crimes- Those committed only in a one place. b. Continuing Crimes- Those committed in several places. 5. As to the use of mental faculties a. Rational crimes- those committed with intention and offender is in full possession of his sanity. b. Irrational Crimes- Those committed by persons who do not know the nature and quality of his act on account of the disease of the mind. 6. As to the type of offenders a. White collar crimes- those committed by person of respectability and of upper socio-economic class in the course of their occupational activities. Ex. Adulteration of food by manufacturer b. Blue collar crimes- Those committed by ordinary professional criminals to maintain their livelihood. 7. As to the standard of living of the criminals a. Crimes of the upper world- ex. Falsification cases b. Crimes of underworld- ex. Bag snatching PAGE 8 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
4. Crime is reflective Crime rate or incidence in a given locality is reflective of the effectiveness employed by the people primarily that of the police system. 5. Crime is progressive The progressive increase in the volume of crime is on account of the ever-increasing population. The ever-increasing crime rate and their techniques showed the progressive thinking of the society for advance. ADVANTAGES OF THE EXISTENCE OF CRIMES 1. It promotes solidarity of the people Members of the community offer their all-out assistance to establish a strong support against crimes. Family ties become stronger, groups become more united and solidified to flight criminality. It is because; peace loving members organize to free themselves from lawlessness and crimes. 2. It prevents morality from going to the extreme Penal laws are the safe guard of our morality. They provide penalty when morality becomes low and this serves as a notice to society that something has to be done to prevent morality from going to the extreme. 3. It is a notification of maladjustment Whenever a person violates criminal law, it is a proof that his action is not within the accepted norms in a society. Crime is a symptom of social disorganization just as fever or pain is a proof that a person is stick. APPROACHES AND THEORIES OF CRIME SUBJECTIVE APPROACHES - deals mainly on the biological explanation of crimes, focused on the forms of abnormalities that exist in the individual criminal before, during and after the commission of the crime (Tradio, 1999). Included under this approach are: 1. Anthropological Approach – the study on the physical characteristics of an individual offender with non-offenders in the attempt to discover differences covering criminal behavior (Hooton). 2. Medical Approach - the application of medical examinations on the individual criminal explain the mental and physical condition of the individual prior and after the commission of the crime (Positivist). 3. Biological Approach –the evaluation of genetic influences to criminal behavior. It is noted that heredity is one force pushing the criminal to crime (Positivist). PAGE 10 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
- Physiological Approach – the study on the nature of human being concerning his physical needs in order to satisfy his ants. It explains that the deprivation of the physical body on the basic needs is an important determiner of the commission if crime (Maslow).
- Psychological Approach – it is concerned about the deprivation of the psychological needs of man, which constitute the development of deviations of normal behavior resulting to unpleasant emotions (Freud, Maslow).
- Psychiatric Approach – the explanation of crime through diagnosis of mental diseases as a cause of the criminal behavior (Positivist).
- Psychoanalytical Approach – the explanation of crimes based on the Freudian Theory, which traces behavior as the deviation of the repression of the basic drives (Freud). OBJECTIVE APPROACHES - The objective approaches deal on the study of groups, social processes and institutions as influences to behavior. They are primarily derived from social sciences (Tradio, 1999). Under this are:
- Geographic Approach – this approach considers topography, natural resources, geographical location, and climate lead an individual to commit crime (Quetelet).
- Ecological Approach – it is concerned with the biotic grouping of men resulting to migration, competition, social discrimination, division of labor and social conflict as factors of crime (Park).
- Economic Approach – it deals with the explanation of crime concerning financial security of inadequacy and other necessities to support life as factors to criminality (Merton).
- Socio – Cultural Approach – those that focus on institutions, economic, financial, education, political, and religious influences to crime (Cohen). THEORIES OF CRIME AND THE PIONEERS PRE-CLASSICAL ERA The Demonological Theory - Before the development of more scientific theories of criminal behavior, one of the most popular explanations was Demonology (Hagan, 1990). According to this explanation individuals were thought to be possessed by good or evil spirits, which caused good or evil behavior. The theory maintains that criminal behavior was believed to be the result of evil spirits and demons something of natural force that controls his/her behavior. Centuries ago, Guilt and innocence were established by a variety of procedures that presumably called forth the supernatural allies of the accused. The accused were innocent if they could survive an ordeal, or if miraculous signs appeared. They were guilty if they died at stake, or if omens were associated with them (Bartol, 1995). Harsh punishments were also given. PAGE 11 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
the development of a scientific approach to the study of criminal behavior and to reform the criminal law. He wrote the essay entitled “CRIME: Its Causes and Remedies” that contains his key ideas and the classifications of criminals. Classifications of Criminals by Lombroso
- Born Criminals – there are born criminals according to Lombroso, the belief that being criminal behavior is inherited.
- Criminal by Passion – are individuals who are easily influenced by great emotions like fit of anger.
- Insane Criminals – are those who commit crime due to abnormalities or psychological disorders. They should be exempted from criminal liability.
- Criminoloid – a person who commits crime due to less physical stamina/self self control.
- Occasional Criminal – are those who commit crime due to insignificant reasons that pushed them to do at a given occasion.
- Pseudo-criminals – are those who kill in self-defense. Enrico Ferri (1856 – 1929) – He was the best-known Lombroso’s associate. His greatest contribution was his attack on the classical doctrine of free will, which argued that criminals should be held morally responsible for their crimes because they must have made a rational decision to commit the crime. Raffaele Garofalo ( 1852 – 1934) – Another follower of Lombroso, an Italian nobleman, magistrate, senator, and professor of law. Like Lombroso and Ferri, he rejected the doctrine of free will and supported the position that the only way to understand crime was to study it by scientific methods. Influenced on Lombroso’s theory of atavistic stigmata (man’s inferior/ animalistic behavior), he traced the roots of criminal behavior not to physical features but to their psychological equivalents, which he called “moral anomalies”. The Classical and Positivist School Compared Classical School Legal definition of crime Punishment fit the crime Doctrine of free will Death penalty allowed No imperical research Definite sentence Positivist School No to legal definition Punishment fit the criminal Doctrine of determinism Abolition of death penalty Inductive method Indeterminate sentence EARLY TWENTIETH CENTURY THEORIES PAGE 13 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
- David Emile Durkheim (French, 1858 - 1917) - He advocated the “Anomie Theory”, the theory that focused on the sociological point of the positivist school, which explains that the absence of norms in a society provides a setting conductive to crimes and other anti-social acts. According to him, the explanation of human conduct lies not in the individual but in the group and the social organization.
- Sigmund Freud (1856 - 1969) - Psychologists have considered a variety of possibilities to account for individual differences – defective conscience, emotional immaturity, inadequate childhood socialization, maternal deprivation, and poor moral development. The Freudian view on criminal behavior was based on the use of Psychology in explaining an approach in understanding criminal behavior – the foundation of the Psychoanalytical theory.
- Robert Ezra Park (1864 - 1944) - Park is a strong advocate of the scientific method in explaining criminality but he is a sociologist. He advocated the “Human Ecology Theory ”. Human Ecology is the study of the interrelationship of people and their environment. This theory maintains that crime is a function of social change that occurs along with environmental change. It also maintains that the isolation, segregation, competition, conflict, social contract, interaction and social hierarchy of people are the major influences of criminal behavior and crimes. MIDDLE TWENTIETH CENTURY
- Ernest Kretschmer (1888 – 1964) - The idea of somatotyping was originated from the work of a German Psychiatrist, Ernest Kretschmer, who distinguished three principal types of physique as: a. Asthenic – lean, slightly built, narrow shoulders b. Athletic – medium to tall, strong, muscular, course bones c. Pyknic – medium height, rounded figure, massive neck, broad face Kretschmer related these body physiques to various psychotic behavioral patterns: Pyknic to manic depression, asthenic and athletics to schizophrenia.
- William H. Sheldon (1898 – 1977) - Sheldon is an influenced of the Somatotype School of Criminology, which related body built to behavior. He became popular of his own Somatotyping Theory. His key ideas are concentrated on the principle of “Survival of the Fittest” as a behavioral science. He combines the biological and psychological explanation to understand deviant behavior. Sheldon’s “Somatotyping Theory” maintains the belief of inheritance as the primary determinants of behavior and the physique is a reliable indicator of personality. Classification of Body Physique by Sheldon PAGE 14 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
- Robert King Merton (1910) - Robert Merton is the premier sociologist of the modern days who, after Durkheim, also related the crime problem to anomie. He advocated the Strain Theory , which maintains that the failure of man to achieve a higher status of life caused them to commit crimes in order for that status/goal to be attained. He argued that crime is a means to achieve goals and the social structure is the root of the crime problem. Merton’s explanation to criminal behavior assumes that people are law abiding but when under great pressure will result to crime.
- Albert Cohen (1918) - He advocated the Sub-Culture Theory of Delinquency. Cohen claims that the lower class cannot socialize effectively as the middle class in what is considered appropriate middle class behavior. Thus, the lower class gathered together share their common problems, forming a subculture that rejects middle class values. Cohen called this process as reaction formation. Much of this behavior comes to be called delinquent behavior; the subculture is called a gang and the kids are called delinquents. He put emphasis on the explanation of prevalence, origins, process and purposes as factors to crime.
- Gresham Sykes (1922) - He advocated the Neutralization Theory. It maintains that an individual will obey or disobey societal rules depending upon his or her ability to rationalize whether he is protected from hurt or destruction. People become law abiding if they feel they are benefited by it and they violate it if these laws are not favorable to them.
- Lloyd Ohlin (1928) - He advocated the DOT – Differential Opportunity Theory. This theory explained that society leads the lower class to want things and society does things to people. He claimed that there is differential opportunity, or access, to success goals by both legitimate and illegitimate means depending on the specific location of the individual with in the social structure. Thus, lower class groups are provided with greater opportunities for the acquisition of deviant acts.
- Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - 1982) - They are the advocates of the Labeling Theory – the theory that explains about social reaction to behavior. The theory maintains that the original cause of crime cannot be known, no behavior is intrinsically criminal, behavior becomes criminal if it is labeled as such.
- Earl Richard Quinney (1934) – He was a Marxist criminologist who advocated the Instrumentalist Theory of capitalist rule. He argued that the state exist as a device for controlling the exploited class – the class that labors for the benefit of the ruling class. He claims that upper classes create laws that protect their interest and t the same time the unwanted behavior of all other members of society. Quinney major contribution is that he proposed the shift in focus from PAGE 16 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
looking for the causes of crime from the individual to the examination of the Criminal Justice System for clues. OTHER THEORISTS
- Charles Darwin’s Theory (1809 - 1882) - In the theory of evolution, he claimed that humans, like other animals, are parasite. Man is an organism having an animalistic behavior that is dependent on other animals for survival. Thus, man kills and steal to live.
- Charles Goring’s Theory (1870 - 1919) - The medical officer in prison in England who accepted the Lombroso’s challenge that body physique is a determinant to behavior. Goring concluded that there is no such thing a physical chemical type. He contradicted the Lombroso’s idea that criminality can be seen through features alone. Nevertheless, Goring accepted that criminals are physically inferior to normal individuals in the sense that criminals tend to be shorter and have less weight than non-criminals.
- Earnest Hooton’s Theory (1887 - 1954) - An Anthropologist who reexamined the work of Goring and found out that “Tall thin men tend to commit forgery and fraud, undersized men are thieves and burglars, short heavy person commit assault, rape and other sex crimes; whereas mediocre (average) physique flounder around among other crimes.” He also contended that criminals are originally inferior; and that crime is the result of the impact of environment.
- Adolphe Quetelet (1796 - 1874) - Quetelet was a Belgian Statistician who pioneered Cartography and the Carthographical School of Criminology that placed emphasis on social statistics. He discovered, basing on his research, that crimes against persons increased during summer and crimes against property tends to increase during winter. HISTORICAL TIMELINE OF THE THEORIES The history of criminology dates back from the works of criminological thinkers or theorists in criminology. The origins of criminology are usually located in the late- eighteenth-century writings of those who sought to reform criminal justice and penal systems that they perceived as cruel, inhumane, and arbitrary. These old systems applied the law unequally, were subject to great corruption, and often used torture and the death penalty indiscriminately. THEORY MOTIVE PAGE 17 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
Guided Group Interaction (1958-
Absence of self-responsibility/discussion Interpersonal Maturity (1965-1983) Unsocialized, sub cultural responses Sociometry (1958-1969) One’s place in group network system Dysfunctional Families (1958- present) Members “feed off” other’s neurosis White-collar Crime (1945-present) Cutting corners/bordering on illegal Control Theory (1961-present) Weak social bonds/natural predispositions Strain Theory (1954-present) Anger, relative deprivation, inequality Subcultures (1955-present) Criminal values as normal within group Labeling Theory (1963-1976) Self-fulfilling prophecies/name-calling Neutralization (1957-1990) Self-talk, excuses before behavior Drift (1964-1984) Sense of limbo/living in two worlds Reference Groups (1953-1978) Imaginary support groups Operant Conditioning (1953-1980) Stimuli-to-stimuli contingencies Reality Therapy (1965-1975) Failure to face reality Gestalt Therapy (1969-1975) Perception of small part of "big picture" Transactional Analysis (1961-1974) No communication between inner parent- adult-child Learning Disabilities (1952-1984) School failure/relying on "crutch" Biodynamic (1955-1962) Lack of harmony with environment Nutrition and Diet (1979-present) Imbalances in mineral/vitamin content Metabolism (1950-1970) Imbalance in metabolic system Biofeedback (1974-1981) Involuntary reactions to stress Biosocial Criminology (1977-1989) Environment triggers inherited "markers" The "New Criminology" (1973-1983) Ruling class oppression Conflict Criminology (1969-present) Structural barriers to class interests Critical Criminology (1973-present) Segmented group formations Radical Criminology (1976-present) In articulation of theory/praxis Left Realism (1984-present) Working class prey on one another Criminal Personality (1976-1980) Errors of thinking Criminal Pathways Theory (1979- present) Critical turning/tipping points in life events Feminism (1980-present) Patriarchal power structures Low Self Control Theory (1993- present) Impulsiveness, Sensation-seeking General Strain Theory (1994-present) Stress, Hassles, Interpersonal Relations PAGE 19 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
CRIMES OF THE MODERN WORLD
The crimes in the modern world represent the latest and the most dangerous manifestations of the something-for-nothing-complex problems of society. This includes Organized Crimes, White-Collar Crimes, Conventional Cries, Victimless Crimes and the so-called Transnational Crimes. The transnational character of many crimes in this modern world, although not new, has not been fully recognized until recently. Crime was traditionally viewed as a purely domestic law enforcement issue and, therefore, treated and addressed as an exclusive concern of individual states. As such crimes, being a new threat to domestic and international interest and security, has given recognition to be known as Transnational Crimes. Transnational crime is an offense that has an international dimension and implies crossing at least one national border before, during or after the fact. This include but not limited to illegal drug trafficking, money laundering, terrorism, arm smuggling, piracy, kidnapping, trafficking in persons, and cyber-crimes. Most of these crimes falling under this category reflect connection with organized and white-collar criminals. ORGANIZED CRIMES An organized Crime is a criminal activity by an enduring structure or organization developed and devoted primarily to the pursuit of profits through illegal means. It is sometimes referred to as the “MOB”, “MAFIA”, “SYNDICATE” or the “COSA NOSTRA”, which are known as “the enemy within”, “the 2nd government “, “the 5th^ estate” or the “crime confederation.” The term Cosa Nostra (literally means “one thing”) or mafia is use to signify organized crimes, and one of the varieties names for either mob or syndicate. A strict code of conduct governs their behavior called the “Omerta” – the mafia’s code of secrecy, and informal, unwritten code of organized crime, which demand silence and loyalty, among other thing, of family members. (Abandinsky, 1991). Whatever be the name, the organization is known to be formal, with division of labor, with coordination of activities through rules and codes and with allocation of task in order to achieve illegitimate goals. The organization seeks profit from crimes and tries to prevent itself from threats, prosecution, and even punishment from legal authorities. Criminal organizations keep illegal actions secret, and members communicate by word of mouth, therefore police will never be able to trace phone calls or letters. Many organized crime operations have legal fronts, such as licensed gambling, building construction, and trash hauling, or which operate in parallel with and provide cover for drug trafficking, money laundering, prostitution, extortion, murder for hire, hijacking, fraud, and insider trading. Other criminal operations engage in human trafficking, political corruption, black marketeering, political violence, racist and religiously motivatedviolence, terrorism, abduction, prison break and crimes against humanity. PAGE 20 Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR) Registered Criminologist
