CHAPTER I CRIMINOLOGY CRIMINOLOGY defined Is a body of knowledge regarding delinquency and crime as a social phenomenon (Tradio, 1999). It may also refer to the study of crimes cri mes and criminal and the attempt of analyzing scientifically their causes and control and the treatment of crimi nals. 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 psychological, sociology, anthropology, biology, neurology, political science and economics. But over the years, sociology, psychology and psychiatry have dominated the study of crime. a. Sociology (Sociological Criminology)
The study of crime focused on the group of people and society as 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 pro bed in relation to the environmental factors that are most conducive to criminal action, such as time, place, and circumstances surrounding the crime.
b. Psychology (Psychological Criminology) Criminology) The science of behavior and mental process of of the 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. c.
Psychiatry (Psychiatry 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 anim alistic, unconscious or biological urges (modern view).
Scope of the Study of Criminology Crimi nology Criminology is a broad field of study of crimes and crimi nals. It covers several principal areas or divisions (Tradio, 1999), which are: 1. Criminal Behavior or Criminal Etiology the scientific analysis of the causes of crime. 2. Sociology of Law the study of law and its application;
3.
Penology or Correction the study that deals with punishment and the treatment of criminals;
4. Criminalistics or Forensic Science one more are of concern in crime detection and investigation. Criminalistics is included as a division in criminology because of Criminologists are also engaged in studying criminal things, the analysis of physical evidences of physical evidences take from the crime scene left behind by a criminal perpetrator. Importance of Studying Criminology Studying crime is very important. In fact in crime has always been high (Bartol, 1995). However, understanding why it occurs and that to do about it has always been a problem. The offer is simple solutions for obliterating crime is not enough because of its complexi ties. But understanding crime as a complex phenomenon can be: 1. A source of philosophy of life the knowledge derived from studying crime is a good foundation for an individuals philosophy and lifestyle. 2. A background for a profession or for social service. 3.
Because criminals are legitimate objects of interest. They should be understood in order to know how to control them.
4. Because crime is a costly and intangible costs of pain and suffering is too high as a result of victimization. Purpose of Studying Criminology Studying criminology is aimed towards the following: 1. The primary aim is to prevent the crime problem. 2. To understand crimes and criminals which are basic to knowing the actions to be done to prevent them. 3.
To prepare for a career in law enforcement and scientific crime detection.
4. To develop an understanding of the constitutional guarantees an due process of law in the administration of justice. 5. To foster a higher concept of citize nry and legal responsibilities to his fellowmen, his community and the nation. Nature of Criminology Understanding crime is a s complex as other fields of interest. It requires therefore a systematic and balanced knowledge in the examination of why they exist. In this sense, criminology is: 1. An Applied Science Anthropology, psychology, sociology and other natural sciences may be applied in the study of the causes of crime while chemistry, medicine, physics, mathematics, ect. maybe utilized in crime detection.
2. A Social Science Inasmuch as crime is a societal creation and the it exists in a society, its study must be considered a part of social science. 3.
Dynamic Criminology changes as social condition changes. That means the progress of criminology is concordant with the advancement of other sciences that have been applied to it.
4. Nationalistic The study of crime must always be n rel ation with the existing criminal law with in the territory. OBJECT OF INTEREST IN CRIMINOLOGY The four major of interest in criminology are crimes (criminal acts), criminals (perpetrators of crime), criminal behavior and the study of victims. Other interests in criminology such as criminal detection, treatment of criminals and the criminal law are discussed in the other chapter of this book. CRIME defined Inasmuch as the definition of crimes is concerned, many field of study like law, sociology and psychology have their respective emphasis on what crime is: Crime maybe defined as: 1. An act or omission in violation of a criminal law i n its legal point. 2. An anti-social act; an act that is injurious, detrime ntal or harmful to the norms of society; they are the unacceptable acts in its social definition. 3.
Psychologically, crime is not an act, which is considered undersirable due to behavioral maladjustment of the offender acts that are caused by maladaptive or abnormal behaviors. CRIME in also generic name that refers to offense, felony and delinquency or misdemeanor. Offense is an act or omission that i s punishable by special laws (a special law is a statue
enacted by Congress, penal in Code) such as Republic Acts, Presidential Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and Regulations (Reyes 1960) Felony is an act or omission that is punishable by the Revised Penal Code, the criminal law in the Philippines (Reyes, 1960) Delinquency/Misdemenor acts that are in violation of simple rules and regulations usually referring to acts committed by minor offenders. Criminological Classification of Crime Crimes are classified of Crime Crimes are classified in order to focus a better understanding on their existence. Criminologists consider the following as criminological classification of crimes (Criminology Reviewer, 1996)
a. Acquisitive and Extinctive Crimes Acquisitive Crime is one which when committed; the offender acquires something as a consequence of his criminal act. The crime is e xtinctive when the result of criminal act is destruction. b. Seasonal and Situational Crimes Seasonal crimes are those that are committed only at a certain period of the year while situational crimes are committed only when given a situation conducive to its commission. c.
Episodic and Instant Crimes Episodic crimes are serial crimes; they are commi tted by means of series of act within a lengthy space of time. Instant crimes are those that are committed the shortest possible time.
d. Static and Continuing Crimes Static crimes are crimes that are committed only in one place. Continuing crime are crimes that are committed in several places. e. Rational and Irrational Crimes Rational crimes are those committed with intent; offender is in full possession of his mental faculties/capabilities while irrational crimes are committed without intent; offender does not know the nature of his act. f.
White Collar and Blue Collar Crimes White Collar and are those committed by a person of responsibility and of upper socioeconomic class in the of course of their occupation activities. Blue Collar Crimes are those committed by ordinary professionals to mai ntain their livelihood.
g.
Upper World and Underworld Crimes Upper World Crimes are those committed by individuals belonging to the upper class of society. Under World Crimes are committed by members of the lower or under privilege class of society.
h. Crimes by Imitation and Crimes by Passion Crimes by Imitation are crimes committed by m erely duplication of what was done by others. Crimes by the passion are crimes because of the fit of great emotions. i.
Service Crimes
Service Crime refers of crimes committed through rendition of a service to satisfy of another. Legal Classification of Crimes Under the law, crimes are classified as: a. Crimes against National Security and the Law of Nations Example Treason, Espionage, Piracy b. Crimes against the Fundamental Law of the State Example Arbitrary Detention, Violation of Domicile c.
Crimes against Public Order Example Rebellion, Sedition, Coup detat
d. Crimes against Public Interest Example Forgery, Falsification, Fraud e. Crimes against Public Morals Example Gambling and betting, offenses against decency and good customs like scandals, obscenity, vagrancy, and prostitution. f.
Crimes Committed by Public Officers Example Malfeasance and Misfeasance
g.
Crimes against Person Example murder, Rape, Physical Injuries
h. Crimes against Properties Example Robbery, Theft i.
Crimes against Personal Liberty and Security Example Illegal Detention, Kidnapping, Trespass to Dwe lling, Threat and Coercion
j.
Crimes against Chastity Example Bigamy and other Illegal Marriages
k.
Crimes against Civil Status of Persons Example Bigamy and other Illegal Marriages
l.
Crimes against Honor Example Libel, Oral Defamation
m. Quasi offenses or Criminal Negligence Example Imprudence and Negligence THE CRIMINAL On the basis of the definition of crime, crim inal may be defined in three ways:
1. A person who committed a crime and has been convicted by a court for the v iolation of a criminal law. (Legal definition) 2. A person who violated a social norm or one who did an anti social act. (Social definition) 3.
A person who violated rules of conduct due to behavio ral maladjustment. (Psychological definition)
CRIMINOLOGICAL CLASSIFICAITON OF CRIMINAL The following are the criminological classification of criminals (Criminology Reviewer, 1996) BASED ON ETIOLOGY ACUTE CRIMINAL is one who violates a criminal law because of the impulse or fit of passion. They commit passionate crimes. Chronic Criminal is one who commits crime acted in consonance of deliberate thinking. He plans the crimes ahead of time. They are the targeted offenders. Based on Behavioral System Ordinary Criminal is considered the lowest for m of cri minal in a criminal career. He doesnt stick to crime as a profession but rather pushed to commit crimes due to great opportunity. Organized Criminal is one who associated him with other criminals to earn a high degree of organization to enable them to commit crimes e asily without being detected by authorities, they commit organized crimes. Professional Criminal is a person who is engaged in criminal activities with high degree of skill. He is usually one who practices crime as a profession to maintain a living. Based on Activities Professional Criminals are those who practice crime as a profession for a living. Criminla activity is constant inorder to earn skill and develop ability i n their commission. Accidental Criminals are those who commit crimes when the situation is conducive to its commission. Habitual Criminals are those who continue to commit crime because of deficiency of intelligence and lack of self control. Based on Mental Attitudes Active Criminals those who commit due to aggressiveness. Passive Inadequate Criminals are those who commit crime s because they are pushed to it by reward or promise.
Socialized Delinquents are criminals who are normal in behavior but defective in their socialization process or development. Based on Legal Classification Habitual Delinquent is a person who, with in a period of ten ye ars from the date of his release or last conviction of the crimes of serious or less se rious physical injuries, robbery, estafa, or falsification is found guilty of any of the said crimes or a third time oftener. Recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same of the Revised Code. CRIMINAL BEHAVIOR Crimes in its legal definition may constitute act in violation of the criminal law and penalized by the state a felony, offense or misdemeanor. Criminal behavior, therefore, is an intentional behavior tht violated a criminal code (Bartol, 1995) Criminal behavior may also refer to the study of crimes and their contributory role, if any, in crime causation. It is also the scientific process of gaining substantial amounts of knowledge on offender characteristics by studying the nature of victims. Chapter 2 Approaches and Theories of Crime If you were to find answers of why some people commit crimes, where would you look for the answer? Would you search for events that might have influence a criminal to commit crimes? There are many approaches in the explanation of crimes in order to come to an answer to these question. Among them are the subjective, objective and the contemporary approval which most criminologists today adopted to be most significant. In general, the approaches in the study of crime are: 1. Subjective approach 2. Objective approach 3.
Contemporary approach
SUBJECTIVE APPROACHES It 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 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 crim e (Positivist) 3.
Biological Approach the evaluation of generic influences to criminal behavior. It is noted that heredity is one force pushing the criminal to crime. (Positivist)
4. Physiological Approach the study on the nature of human being concerning his physical needs in order to satisfy his wants. It explains that the deprivation of the physical body on the basic needs in an important determiner of the commi ssion of crime (Maslow). 5. 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 it is concerned about the deprivation for the psychological needs of man, which constitute the development of deviations of normal behavior resulting to unpleasant emotions. (Freud, Maslow). 6. Psychiatric Approach the explanation of crime throug h diagnosis of mental diseases as a cause of the criminal behavior (Positivist). 7. Psychoanalytical Approach the explanation of the repression of the basic drives (Fre ud). OBJECTIVES 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: 1. Geographic Approach 0 this approach considers topography natural resources, geographical location, and climate leads an individual to commit crime (Quetelet). 2. Ecological Approach it is concerned with the biotic g rouping of men resulting to migration, competition, social discrimination, division of labor and social conflict as factors to crime (Park). 3.
Economic Approach it deals with the explanation of c rime concerning financial security of inadequacy and other necessities to support life as factors to criminality (Merton).
4. Scio Cultural Approach these that focus on institutions, economic, financial, education political and religious influences to crime (Cohen). CONTEMPORARY APPROACHES Modern days put emphasis on scientific modes of explaining crime and criminal behavior. This approach is focused on the psychoanalytical, psychiatric and sociological drawn from different sources (Schemalleger, 2997). THEORIES OF CRIME The formal development of criminology as a field of discipline is recent, but the ideas of people who might be called criminologists can be traced historically. Most of those people were lawyers, doctors, philosophers, psychologists and sociologists whose primary interest was reforming the criminal law, not in creating a science of criminal behavior. Nevertheless, their contributions to criminology are
immense, and for an adequate understanding of current criminologists theorie s, some familiarity with these approaches is essential. EARLY BEGINNING The Demonological Theory Before the development of more scie ntific 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 sings appeared. They were guilty it they died at stake, or if omens were associated with them (Bartol, 1995). Harsh punishments were also given. PRE TWENTIETH CENTURY th
(18 C 1738 1798) In the eighteenth century, criminological literature, whether psychological, sociological, or psychiatric in bent, has traditionally been divided into three bread schools of thought about the cause of crime: the classical, neo classical and the positivist school of criminology. The Classical School of Criminology This is the school thought advocated by Cesare Beccaria who real name is Cesare Beonsara Marchese de Beccaria together with Jeremy Bentham (1823) who proposed Utilitarian Hedonism, the theory, which explains that a person always acts in such a way as to seek pleasure and avoid pain. Cesare Beccaria in hhis ESSAY on Crimes and Punishment presented his key ideas on the abolition of torture as a legitimate means of extracting confessions. The Classical theory maintains that man is essentially a mortal creature with absolute free will to choose between good and evil. Therefore, stress is placed upon the criminal himself; that every man is responsible for his acts. Freewill (Beccaria) a philosophy advocating punishment sever enough for people to choose. It includes the belief that a certain crimi nal act warrants a certain punishment without any variation. Hedonism (Bentham) the belief that people choose pleasure and avoid pain. According to Beccaria, the crime problem could be trace not to bad people but to bad laws based on assumption of freewill. He proposed the following principles (Adler, 1995).
²
Laws should be used to maintain the social contract laws are the conditions under which men united themselves in society
²
Only legislators should create laws the authority of m aking penal laws can only reside with the legislator, who represents the whole society united by the social compact.
²
Judge should impose punishment only in accordance with law.
²
Punishment should be based on the pleasure-pain-principle please and pain are the only springs of actions in being endowed with sensibility If an equal punishment be ordained in two crimes that injure society in different degrees, there is nothing to deter men from committing the greater as often as it is intended with greater advantage.
²
The punishment should be determined by the crime if mathematical calculations could be applied to the obscure and infinite combinations of human actions, there mig ht be a corresponding scale of punishments descending from the greatest to the least.
²
Punishment should be based on the act, not on the ac tor crimes are only to be measure by the injuries done to the society.
²
Punishment should be prompt and effective the m ore immediate after the commission of a crime a punishment is inflicted, the more just and useful it will be.
²
All people should be treated equally the punishment of a nobleman is no differ from that of the lowest member of society.
²
Capital punishment should be applied only to serious crimes against the state (Schamalleger, 1997)
²
The use of torture to gain confession should be abolished.
²
It is better to prevent crimes than to punish them.
Although the classical doctrine had an immediate and profound impact on jurisprudence and legislation, there are action arguments against it. Arguments about the Classical Theory (Tradio, 1999) 1. Unfair - it treats all men as if they were robot without regard to the individual differences and the surrounding circumstances when the crime is committed. 2. Unjust Having the same punishment for first and redicivists. 3.
The nature and definition of punishment is not individualized.
4. It considers only the injury caused not the mental condition of the offender. The Neo Classical School of Criminology The neo-classical school of criminology argued that situations or circumstances that made it impossible to exercise freewill are reasons to exempt the accused from conviction. The school of thought maintains that while the classical doctrine is correct in general, it should be modified in certain details:
a. That children and lunatics should not be regarded as criminals and free from punishment. b. It must take into account certain mitigating circumstances. The Postiivist/Italian (1838 1909) The school that composed of Italians who agreed that i n the study of crime the emphasis should be on scientific treatment of the cri minal, not on the penalties to be im posed after conviction. It maintained that crime as any other act is a natural phenomenon and is comparable to disaster or calamity. That crime as a social and moral phenomenon which cannot be tre ated and checked by the imposition of punishment but rater rehabilitation or the enforcement of individual measures. Cesare Lobroso and his two students, Enrico Ferri and Rafaele Garofalo advocated this school. Cesare Lombroso (1836 1909) the Italian leader of the positivist school of criminology, was criticized for his methodology and his attention to the biological characteristics (father of modern criminology. His major contribution is the development of a scientific approach to the study of cri minal behavior and to reform the criminal law. He wrote the essay entitled CRIME: Its C auses and Remedies that contains his key ideas and the classification of criminals. Classification of Criminals by Lombroso 1. Born Criminals there are born criminals according to Lombroso, the belief that criminal behavior is inherited. 2. Criminal by Passion are individuals who are easily influenced by great emotions like fit of anger. 3.
Insane Criminals are those who commit crime due to abnormalities or psychological disorders. They should be exempted from criminal liability.
4. Criminoloid a person who commit crime due to le ss physical stamina/self-control. 5. Occasiona l Criminal are those who commit crime due to insigficant reasons that pushed them to do at a given occasion. 6. Pseudo criminals are those who kill in self defense. Enrico Ferri (1856 1929) He was the best known Lombrosos associate. Member of Parliament, accomplished public lecturer, brilliant lawyer, and scholar. Although he agreed with Lombroso on the biological bases of criminal behavior, his interest in socialism le d him to recognized the importance of social, economic and political determinants. 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. He believed that criminals could not be held morally responsible for their crimes because they did not choose to commit crimes but, rather, were driven to commit them by conditions in their
lives. He also claimed that strict adherence to preventi ve measures based on scientific methods would eventually reduce crime and allow people to live together in society with less dependent on penal system (Adler, 1995) 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 Lombrosos theory of atavistic stigmata (man/s inferior/ animalistic behavior), he traced the roots of cri minal behavior not to physical features but to their psychological equivalents which he called moral anomalities. According to his theory, natural crimes are found in all human societies, regardless of the vi ews of the lawmakers, and no civilized society can afford to disregard them. Natural Crimes, according to Garofalo, are those that offend the basic moral sentiments of probity (respect for property of others) and piety (revu lsion against the infliction of sufferings on others) (Adler, 1995) Types of Criminals by Garofalo 1. Murderers those who are satisfied from vengeance/revenge. 2. Violent Criminals those who commit very serious crimes. 3.
Deficient Criminals those who commit crime against property.
4. Lascivious Criminals those who commit crime against chastity. The Classical and Positivist School Compared
Classical School y
Legal definition of Crime
Positivist School y
Not to legal definition
y
Punishment fit the criminal
y
Punishment fit the crime
y
Doctrine of determinism
y
Doctrine of fee will
y
Abolition of death penalty
y
Death penalty allowed
y
Inductive method
y
No empirical research
EARLY TWENTIETH CENTURY 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 is a society provides a setting conducive to
crimes and other anti social acts. A ccording to him, the explanation of human conduct lies not in the individual but in the group and the social organization. Durkheim proposed the following principles: y
Crime is a natural thing in the society.
y
The concept of wrong is necessary to give meaning to what is right.
y
Crime help society for change it means that society to be flexible to permit positive deviation must permit negative deviation as well.
He also framed the early development of the Consensus Theory in sociology. He argue that mainly order, integration and smooth functioning characterize social life. According to him, the order of social life does not derive from individuals but from society because the individual is not sufficient unto him, it is the society that receives everything necessary to him. He also maintained that crime is an important ingredient of all health societies because crime make people more aware of their common interest and help to define appropriate, moral, or lawful behavior. Sigmund Feud (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. Sigmund Freud in his Psychoanalytical Theory maintains that ²
Criminal behavior is a form of neurosis, that criminality may result from an over active conscience.
²
Crime is the result of the compulsive need for punishment to alleviate guilt and anxiety.
²
Criminal behavior is a means of obtaining gratification of need.
²
Criminal conducts represents a displace hostility. Criminality is essentially representation of psychological conflict.
Robert Ezra Park (1964 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 crimes is a function of social change tha t 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: 1. Asthenic - lean slightly built, narrow shoulders. 2. Athletic medium to tall, strong, muscular, course bone s 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. Ohlin claimed that is different opportunity, or access, to success goals by both legitimated and illegitimate means depending on the specific location of the individual within 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 Labeli ng Theory the theory that explains about social reaction to behavior. The theory maintains that the original cause of the individual within the social structure. Thus, lower class groups are groups are provided with greater opportunities for the acquisition of deviant acts. Earl Richard Quinney (1934) Quinney is a Marxist criminologist who advocated the Instrumentalist Theory if 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 claimed that upper classes create laws that protect their interest and at the same time the unwanted behavior of all other members of society. Quinney major contribution is that he proposed the shift in focus from looking for the causes of crime from the individuals to the examination of the Criminal Justice System for clues. OTHER THEORISTS Charles Darwins 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 Gorings Theory (1870 1919)
The medical officer in prison in England who accepted the Lombrosos challenge that body physique is a determinant to behavior. Goring concluded that there is no such thing as physical criminal type. He contradicted the Lombrosos idea that criminality can be seen through features alone. Earnest Hootons 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 orig inally inferior, and that crime is the result of the impact of environment. Adelphe Quetelet (1796 1874) Quetelet was Belgian statistician who pioneered Cartography and the Carthographical School of Criminology that place emphasis on social statistics. He discovered, basing on his research, that crimes against increased during summer against property tends to increased during winter. A broad analysis of the relationship between personal and socials is found in Walter Reckless Containment Theory. This theory is a form of control, w hich suggests that a series of both internal and external factors contributes to criminal behavior (Schmalleger, 1998) The Containment Theory assumes that for every individual there exists a containing external structure and a protective internal structure, both of which provide defense, protection or insultation against crime or delinquency. According to Reckless, the outer structure of an individual are the external pressures such as poverty, unemployment and blocked opportunities while the inner containment refer to the persons self control ensure by strong ego, good self image, well developed conscience, high frustration tolerance and high sense of responsibility. (Adler, 1995) Karl Marx, Frederick Engel, Willem Bonger (1818 1940) They are the proponents of the Social Class and Capitalism Theory. Marx and Engel claimed that the ruling class in a capitalist society is responsible for the creation of criminal law and their ideological basis in the interpretation and enforcement of the laws. All are reflected in the ruling class, thus crime and deli nquency are reflected on the demoralize d surplus of population, which is made up of the underprivileged usually the unemployed and underemployed. William Bonger, a Marxist Socialist, on the o ther hand, place more emphasis on working about crimes of economic gain. He believes that profit-motive of capitalism generates an egoistic personality. Hence, crime is an inevitable outcome.
LATE 20
TH
CENTURY:
THE CONTEMPORARY PIONEERS Robert King Merton (1910) He advocated is the premier sociologist of the m odern days who are Durkheim also re lated the crime problem to anomie. He advocated the Strain the ory, 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 as means to achieve goals and the social structure is the root of the crime problem. Mertons 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 socialized effectively as the middle class in what is considered appropriate middle class behavior. Thus, the lower class gathered 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 means 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 fee l they are benefited by it and they violate it if these laws are not favorable to them. 3.
Pyknic medium height, rounded figure, massive neck, broad face.
Krestchmer related theses body physique to various psychotic behavioral patterns. Pyknic to manic depression, asthenics and athletics t oschizophrenia. William II, Sheldon (1898 1977) Sheldon is an influenced of the Somatotype School of C riminology, 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 Fittes t as a behavioral science. He combines the biological and psychological e xplanation to understand deviant behavior. Sheldons 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 Shel don
a.
Endomorphy a type with relatively predominance of soft, roundness throughout the regions of the body. They have low specific gravity. Persons with typically relaxed and comfortable disposition.
b. Mesomophy athletic type, predominance of muscle, bone and connective tissue, normally heavy, hard and firm, sting and tough. They are the people who are routinely active and aggressive, and they are the most likely to commit crimes. c.
Ectomogrphy this physique, flat chest, delicacy through the body, slender, poorly muscled. They tend to look more fatigue and withdrawn.
Edwin Sutherland (1883 1950) Sutherland has been referred to as the most important criminologist of the twentieth century because his explanation about crime and criminal behavior can be seen as a corrected extension of social perspective. For this reason, he was considered as the Dean of Modern Criminology. Sutherlnads Nine Propositions (Adler, 1995) 1. Criminal behavior is learned. 2. Crime is learned by participation with other in verbal and non verbal communications. 3.
Families and friends have the most influence on the learning process.
4. The learning process includes the techniques of committing the crim e and the specific direction of motives, drive and attitude. 5. Not everyone in the society agrees that the laws should be obeyed, some people define it unimportant. 6. A person becomes delinquent because of an excess definition favorable to the violation of laws over to the definitions will result in criminality patterns involves all the mechanisms that are involved in any other learning. 7. Differential associations vary in frequency, duration, priority and intensity. The extent to which associations and definitions will result in cri minality patterns involves all the mechanisms that are involved in any other learning. 8. The process of learning behavior by association with criminal and anti criminal patterns involves all the mechanism that are involved in any other learning. 9. While criminal behavior is an expression of general needs and value, it is not explained by those general needs and values, since non criminal behavior is an expression of the same needs and values.
