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CRIM 122: THEORIES

OF CRIME
CAUSATION
PRELIM MODULE 1

TION
Crime is not just a wrong against an individual but is also a wrong committed against
the society or a public wrong and includes acts like murder, rape and theft to mention a
few. It is not a case of differences between two parties but is a case between the
wrongdoer and the state. The definition of the concept of crime is important; of course,
because of the types of questions it directs attention to and the order of phenomena it
leads one to investigate. A definition of crime establishes the subject matter of the
discipline of criminology and sets limits on what is to be considered criminological work.
Therefore, a humanistic criminology can only be developed if an appropriately
humanistic definition of crime is used as its initial point of departure. The most
commonly accepted definition of crime is ‘an act that is capable of being followed by
criminal proceedings’, which provides us with a wide classification of the term in that the
only common element of crime is that previous legal proceedings have outlined it as
such.

LEARNING OUTCOMES

At the end of the unit, the students should be able to:

a. Define crime
b. Gain knowledge on the history of crime causation.

REFERENCES
 Daniel L. Tancangco, Ph. D.,Theories And Causes Of Crimes, Wiseman’s Books
Trading,2018
 Jonah B. Badua, Theories of Crime Causation, Wiseman’s Books Trading,2019
 https://thefactfactor.com/facts/law/legal_concepts/criminology/what-is-crime-and-
criminology/7004/
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Osmeña Avenue, Victorias City, Negros Occidental, 6119

LEARNING LESSONS

LESSON 1: CRIME: IT’S CONCEPTS

Crime- In its legal sense is an act or omissions forbidden by law that can be punished
by imprisonment and/ fine.

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Intention and Motive of a Crime:

 Criminal intent (intention)

- refers to the mental state of mind possessed by a defendant in committing a
crime. While the motive is usually used in connection with the Criminal Law to
explain why a person acted or refused to act in a certain way.

Ex:
- If Alex has an insurance policy of 100,000.00 and York is the beneficiary of
the policy in case of death of Alex. York plans a murder of Alex so that he
could get the insurance amount. He plans his crime so that it looks like an
accident. In this case, the intention of 'Y' is to murder A', while his motive is
to get the insured amount after the death of A'.
- Ana is so poor that she is not able to feed her child. She plans to commit a
theft and use money obtained from it to feed her child.In this case, the
intention is to steal but the motive is to feed her child.

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LESSON 2: INGREDIENTS/ELEMENTS OF CRIME

A. Motive
- refers to the reason or cause why a person or group of persons will perpetrate a
crime.

 Examples are dispute, economic gain, jealousy, revenge, insanity, thrill,

intoxication, drug addiction and many others.

B. Instrumentality
- is the means or implement used in the commission of the crime.

 It could be a firearm, a bolo, a fan knife, an ice pick, poison or obnoxious

substance, a crow bar motor vehicle, etc.

C. Opportunity
- Consists of the acts of omission and/or commission by a person (the victim)
which enables another person or group of persons (the criminal/s) to perpetrate
the crime.
- Opportunity is synonymous with carelessness, acts of indiscretion and lack of
crime prevention-consciousness on the part of the victim.

 Examples include leaving one’s home or car unattended for a long time, walking
all alone in a well-known crime prone alley, wearing expensive jewelries in slum
area, readily admitting a stranger into one’s residence and the like.

Stages of Commission of Crime

1. Intention
- the first stage in the commission of an offence and known as a mental stage.
- the conscious excise of the mental faculties of a person to do an act for the
purpose of satisfying a purpose.
- Criminal intent is the conscious decision someone makes to deliberately
engage in an unlawful or negligent act or to harm someone else.
- For example, in the case of murder, the intention is to cause death. In the
case of theft, an intention is to steal. In the case of rape an intention to have
forcible sexual connection with a woman without her consent.

2. Preparation
- It means arranged means and measures necessary for the commission of a
crime. Generally, it is not punishable because it is impossible to show that
preparation was directed towards the wrongful end or was done with evil
intent or mind.

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- The existing laws allow a principle of ‘Locus poenitentiae’ which means an

‘opportunity to repent’. The law doesn’t punish the person unless he has
passed beyond that stage of preparation.
- Ex: If JOHN acquires a revolver from certified ammunition store with a
license with intention to kill his bitter enemy BEN and keeps the same in his
pocket duty loaded. But he does nothing more than that. JOHN has an
intention and made preparation to carry out his intention but he has not
committed the offence. At this stage, it is impossible to prove that JOHN had
the loaded revolver only with the intention of killing BEN.
- In R, v. Robinson, 14 (1915) 2 KB 342case, a Jeweler in order to make a
false claim to an Insurance company pretended that his shop had been
burgled and informed the police accordingly The investigation was held by
the police, in which the truth was made known to them that the Jeweler had
made the false complaint. Then he was prosecuted for it. But he was held
not guilty as he was still preparing to commit the crime. He could have been
guilty for it only if he had submitted the claim to the insurance company.

3. Attempt
- It is also known as a Preliminary Crime’, the term ‘Attempt’ means “the
direct movement towards the commission of a crime after necessary
preparation has been made.”
- Prof. Kenny and Sir James Stephen called the term ‘attempt’ as ‘inchoate
crime’ which connotes something which is yet to be completed.
- ‘An attempt is made punishable because every attempt, although it falls short
of success, must create alarm, which itself is an injury Although the injury is
not as great as it would be if the act had been committed but it is punishable
because it creates an alarm to other person.

Elements of the Attempt

 Guilty intention to commit an offence

 Some act done towards the commitment of the crime
 The act must fall short of the completed offence.

4. Accomplishment
- Generally, most of the crimes are punishable only after the crime has been
committed. If the accused commits an attempt to commit the crime and such
attempt succeeds, he will be liable for the offence.
- If such an attempt is unsuccessful, he will be liable for the attempt to commit
the offence.

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- Example: If Hary acquires a revolver from certified ammunition store with a

license with intention to kill his bitter enemy Ken and keeps the same in his
pocket duty loaded. Hary locates Ken in the garden and fires at him. If the
bullet strikes Ken causing fatal injuries leads to death, then the attempt is
successful and the intention of Hary accomplished.

HISTORICAL OVERVIEW OF CRIME CAUSATION

• ANTIQUE PHILOSOPHY (4TH CENTURY BC)

- ARISTOTLE offers a philosophical standpoint on crime causation who stated
that the crime is poverty related describing poverty as a mother of all revolutions
and crimes.

• MEDIEVAL PHILOSOPHY (17TH CENTURY)

- According to FRANCIS BACON, criminality will depend on social situations.
- He described his standpoint in this sentence: “opportunity makes a thief.”
- Pointed out that human behavior will depend on situations.

• FRENCH RENAISSANCE PHILOSOPHY (18TH CENTURY)

- The famous encyclopedist VOLTAIRE and ROUSSEAU introduce the
concept of free will.
- Crime is the same as hedonistic behavior and failure to fulfill the social
contract obligations.

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