1st Module
1st Module
1st Module
Module 2, Lesson 2
The Bio-psychosocial Theories of Crime Causation
I. Introduction
This lesson talks about how the changes of the three components: the “bio”, “psycho” and the “socio” affect
the person’s behavior. The “bio” aspect discusses the things about brain changes, genes, and major body organs
functions. The “psycho” component speaks of the emotions, thoughts, and drive of a person why he or she may resort
to crime and the “socio” component examines how the person socializes with others.
Module 2, Lesson 2
TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783
The convulsive energy of the homicidal impulse is sometimes preceded by a strange morbid sensation,
beginning in some part of the body and mounting to the brain, very like that when preceding an attack of epilepsy is
known in medicine as the “Aura epileptica”. He observed too that the epileptic convulsions may cease to occur in one
who has been subject to them, and that in their place attacks of moral derangement with more or less maniacal
excitement may appear.
Some habitual offenders he noted to be epileptic or from families in which epilepsy, insanity or other neurosis
existed. Perhaps influenced by Lombrosian theory or by Grohmann who long before Lombroso was born, had described
criminals with defective development, prominent ears, projecting cheek-bones, large lower jaws, deeply placed eyes or
a shifty, animal-like gaze, Maudsley too tended to link epilepsy with physical stigmata of degeneration and thus with
crime.
Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
There is a distinction between imbecility and insanity. According to People v. Almba,
An imbecile is "a person marked by mental deficiency. An insane person is one who has an unsound mind or
suffers from a mental disorder.
This illustrates the point that at least in the Court's regard, the insane can still be inculpated on the basis of still
being able to discern what is right from what is wrong.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the
court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall
not be permitted to leave without first obtaining the permission of the same court.
When insanity is used as a defense, the burden is on the defense as the appellant has to prove that the
perpetrator is insane immediately before the commission of the crime or at the moment of its execution. There should
be proof that the accused acted without discernment.
Centuries-old rules from the West gave birth to the modern standards for determining legal insanity. The
concept of "imbecility" or those who are want of understanding or unable to take care of themselves appeared in de
Praerogatira Regis enacted during the 13th Century in England. Six centuries later in the same jurisdiction, the
M'Naghten Rules were formulated. This became the legal standard for insanity for the next 150 years.
Such a standard would be thematic for subsequent tests of insanity derivative of the N'Nanghten Rules that
would be in force in Anglo-American jurisdictions. These standards require that one must not know what he was doing
at the time of the commission of the crime. Corollary to this, criminal liability will not be imposed on the offender who
is under a state of insanity as long as he knew what he was doing. The same standard applies in our penal code. The
insane will not be exempt from criminal liability if he acted during a lucid interval.
The earliest case that tackles insanity in this jurisdiction is People v. Bascos of 1922, wherein the accused,
found by a doctor to be a "violent maniac" whose mental state has "continued through many years, was acquitted of
the crime of murder. The law in force then was the old Spanish Penal Code, the language of which on insanity is almost
the same as the existing provision in the RPC. Even at this juncture, to be considered insane would have entailed the
total loss of one's intelligence and reasoning faculties.
In the Philippine jurisdiction, insanity must be proven with the same onus probandi as the crime itself-that is, it
must be proven beyond reasonable doubt. The defendant who alleges insanity must prove the same before the court,
overcoming the presumption of sanity. The reason for the rule is that the State cautiously guards against sane criminals
who might use the defense of insanity to exculpate themselves.
Module 2, Lesson 2
TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783
Different Syndromes
1. Premenstrual Syndrome
Premenstrual Syndrome refers to onset of the menstrual cycle that triggers excessive amounts of the female
sex hormones, which affect antisocial, aggressive behavior. The link between premenstrual syndrome and delinquency
was first popularized more than 25 years ago by Katharina Dorothea K. Dalton (1916-2004), whose studies of English
women (156 newly adult female prisoners) indicated that these females are more likely to commit suicide and be
aggressive and otherwise antisocial just before or during menstruation.
Though in the Philippines, by virtue of Article 253 of the Revised Penal Code, committing suicide is not a crime
but the moment other person will help the woman who is suffering from premenstrual syndrome in the commission of
suicide ,then that person who assisted is liable of “giving assistance to commit suicide”.
Diana H. Fishbein in her study, “Selected Studies on the Biology of Antisocial Behavior,” concludes that there is
in fact an association between elevated levels of female aggression and menstruation. She further argues that:
(1) a significant number of incarcerated females committed their crimes during the premenstrual phase and
(2) that at least a small percentage of women appear vulnerable to cyclical hormonal changes, which makes
them prone to anxiety and hostility.
Causes
Exactly what causes premenstrual syndrome is unknown, but several factors may contribute to the condition:
1. Cyclic changes in hormones.Signs and symptoms of premenstrual syndrome change with hormonal fluctuations
and disappear with pregnancy and menopause.
2. Chemical changes in the brain.Fluctuations of serotonin, a brain chemical (neurotransmitter) that's thought to
play a crucial role in mood states, could trigger PMS symptoms. Insufficient amounts of serotonin may contribute
to premenstrual depression, as well as to fatigue, food cravings and sleep problems.
3. Depression.Some women with severe premenstrual syndrome have undiagnosed depression, though depression
alone does not cause all of the symptoms.
Treatment
General management includes a healthy lifestyle including:
Exercise Smoking cessation
Emotional support during the premenstrual period Limitation of alcohol intake
Salt restriction before the menstrual period Reduction of refined sugar intake
Decreased caffeine intake prior to menstruation
All of the above have been recommended and may help symptoms in some women. Furthermore, some
studies suggest that calcium and magnesium supplements may provide some benefit.
Module 2, Lesson 2
TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783
evidence of past injuries is actually evidence of defendant’s prior bad acts, the consideration of which may lead the jury
to improperly infer that the defendant has a propensity or a character for committing wrongful acts.
The victim, if alive, is often too young or lacks the psychological capacity and/or the courage to testify. Of those
children who take stand, some due to their age are ineffective witnesses. Further, the prosecution can rarely find an
eyewitness to testify, and the accused is often able to fabricate a plausible explanation for the child’s injuries. The
resulting evidentiary void is compounded by the fact that many jurors are unable to accept the idea that a parent or
guardian would intentionally hurt a child. Today, physicians’ role in the case of battered child syndrome is to establish
whether the child received of intentional injuries coming from abusive guardian or parents of the child.
Second, the violent incident where the tension explodes when the abuser commits some form of abuse: physical,
psychological, emotional, sexual, or otherwise. The violence may be short lived or last for few days. Often it is at this
stage that police are notified or legal proceedings begun.
Third, the abuser tries to fix his wrongdoing and apologizes. This third stage is frequently referred to as the
"honeymoon or loving contrition" stage, and involves the abuser making amends for his bad behavior. Promises are
made by the batterer that he will not not violently abuse the woman again. This reinforces the woman’s hope that the
relationship will get better or is at least salvageable. The abuser is forgiven, and the cycle starts all over again.
As the cycle continues, the victim starts to feel that the abuse is her own fault. When the victim takes
responsibility for her own abuse, this develops into "learned helplessness." The victim feels helpless because she has
convinced herself that the abuse is her own fault, yet she cannot understand why the abuse continues if it's her own
fault. She becomes convinced of her helplessness and that the abuse cannot be escaped, absent the most drastic
measures. Thus is borne the psychology of BWS.
Violence Against Women and their Children Act of 2004 or R.A. 9262 contains a provision on Battered Woman
Syndrome. Under the law, a woman suffering the syndrome will be excused from any criminal liability if she kills her
husband. This is an innovation in our criminal law which was recognized by the Supreme Court in the case of People of
the Philippines vs. Genosa (G.R. No. 135981, January 15, 2004).
Marivic Genosa was found guilty by the trial court and appealed the case all the way to the Supreme Court. She
admits to the killing but she prays for her acquittal claiming that she is a battered woman and therefore excused from
any criminal liability. Marivic claimed killing his husband after she was physically abused by him. After trial, the lower
court found her guilty of parricide and sentenced her to death. On appeal to the Supreme Court, Marivic’s lawyer Atty.
Katrina Legarda put forward battered woman syndrome as a defense. In 2004, the concept of Battered Woman
Syndrome was still a novel one even for the High Court. Although the Court thinks that Marivic was a battered woman
she could not be excused because there was no law at that time providing for the battered woman syndrome as a valid
defense. Although the Court believed that Marivic was also a victim and may really be a battered woman, she was still
sentenced but with a lighter penalty because of some mitigating circumstances. The SC’s recognition of the concept of
Battered Woman Syndrome most probably influenced its inclusion in R.A. 9262 as a valid defense.
The SC said: “The A battered woman has been defined as a woman who is repeatedly subjected to any forceful
physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern
for her rights. Battered women include wives or women in any form of intimate relationship with men. Furthermore, in
order to be classified as a battered woman, the couple must go through the battering cycle at least twice. Any woman
may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in the situation,
she is defined as a battered woman. Battered women exhibit common personality traits, such as low self-esteem,
Module 2, Lesson 2
TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783
traditional beliefs about the home, the family and the female sex role; emotional dependence upon the dominant male;
the tendency to accept responsibility for the batterers actions; and false hopes that the relationship will improve. More
graphically, the battered woman syndrome is characterized by the so-called cycle of violence, which has three phases:
(1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at least, nonviolent)
phase.” For the defense to be valid these must be present “First, each of the phases of the cycle of violence must be
proven to have characterized at least two battering episodes between the appellant and her intimate partner. Second,
the final acute battering episode preceding the killing of the batterer must have produced in the battered persons mind
an actual fear of an imminent harm from her batterer and an honest belief that she needed to use force in order to save
her life. Third, at the time of the killing, the batterer must have posed probable — not necessarily immediate and actual
— grave harm to the accused, based on the history of violence perpetrated by the former against the latter.
5. Postpartum psychosis
With postpartum psychosis — a rare condition that typically develops within the first week after delivery — the
signs and symptoms are severe. Signs and symptoms may include:
Confusion and disorientation Excessive energy and agitation
Obsessive thoughts about your baby Paranoia
Hallucinations and delusions Attempts to harm yourself or your baby
Sleep disturbances
Postpartum psychosis may lead to life-threatening thoughts or behaviors and requires immediate treatment.
Causes
There's no single cause of postpartum depression, but physical and emotional issues may play a role.
Physical changes.After childbirth, a dramatic drop in hormones (estrogen and progesterone) in your body may
contribute to postpartum depression. Other hormones produced by your thyroid gland also may drop sharply — which
can leave you feeling tired, sluggish and depressed.
Emotional issues.When you're sleep deprived and overwhelmed, you may have trouble handling even minor
problems. You may be anxious about your ability to care for a newborn. You may feel less attractive, struggle with your
sense of identity or feel that you've lost control over your life. Any of these issues can contribute to postpartum
depression.
Risk factors
Module 2, Lesson 2
TheBio
-
psycho
Republic of the Philippines
NORTHERN ILOILO POLYTECHNIC STATE COLLEGE
VICTORINO SALCEDO CAMPUS
Sara, Iloilo
Reg. No. 97Q19783
Any new mom can experience postpartum depression and it can develop after the birth of any child, not just
the first. However, your risk increases if:
you have a history of depression, either during pregnancy or at other times;
you have bipolar disorder;
you had postpartum depression after a previous pregnancy;
you have family members who've had depression or other mood disorders;
you've experienced stressful events during the past year, such as pregnancy complications, illness or job loss;
your baby has health problems or other special needs;
you have twins, triplets or other multiple births;
you have difficulty breast-feeding;
you're having problems in your relationship with your spouse or significant other;
you have a weak support system;
you have financial problems; or
the pregnancy was unplanned or unwanted.
3. Cite at least two (2) cases where an offender was suffering from one of the above-mentioned conditions which cause
that person to commit a crime
Each answer shall be evaluated based on the following criteria:
Content ---- 5 points
Organization of ideas ---- 5 points
Total 10 points
V. Enrichment Activities/Outputs
I. When can an offender claim for insanity as a defense? Support your answer.
II. When can a battered woman be exempted from criminal liability? Support your answer.
III. Discuss the three stages of battered woman syndrome.
1. Tension
2. Violent incident
3. Honeymoon phase
VI. References
American Psychiatric Association. (2013). Diagnostic and statistical manual of mental disorders (5th ed.). Arlington, VA:
Author.
Battered woman (2016). Retrieved from https://www.baguioheraldexpressonline.com/battered-woman2/
Findlaw’s team of legal writers. (2018). Battered woman syndrome. Retrieved from https://family.findlaw.com/
domestic-violence/battered-women-s-syndrome.html
Mayo Clinic. (2020). Premenstrual syndrome. Retrieved from https://www.mayoclinic.org/diseases conditions/
premenstrual- syndrome/symptoms-causes/syc-20376780
Mayo Clinic. (2020). Postpartum depression. Retrieved from https://www.mayoclinic.org/diseases-conditions/
postpartum-depression/symptoms-causes/syc-20376617
Panugaling, G. & Cano, G. (2019). Theories of Crime Causation. Sampaloc, Manila: Rex Book Store, Inc.
Republic Act 9262: Anti-Violence Against Women and Their Children Act of 2004. https://pcw.gov.ph/republic-act-9262-
anti-violence-against-women-and-their-children-act-of-2004/
Stoppler, M.C. (2020). Premenstrual syndrome. Retrieved from https://www.medicinenet.com/premenstrual_
syndrome/article.htm
Module 2, Lesson 2
TheBio
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psycho