CRIMINOLOGY SCHOOLS OF THOUGHT THROUGHOUT HISTORY CLASSICAL SCHOOL

CRIMINOLOGY SCHOOLS OF THOUGHT THROUGHOUT HISTORY

CLASSICAL SCHOOL n n n BEGAN IN MIDDLE OF 18 TH CENTURY ASSUMPTION: INDIVIDUALS CHOOSE TO COMMT CRIMES AFTER WEIGHING THE CONSEQUENCES OF THEIR ACTIONS INDIVIDUALS HAVE FREE WILL & CHOICE FEAR AS DETERENT SOCIETY CAN CONTROL BY MAKING PAIN OF PUNISHMENT GREATER THAN PLEASURE OF CRIMINAL GAINS

POSITIVIST SCHOOL n n PHYSICIANS UNDERTOOK SYSTEMATIC STUDY OF CRIMES AND CRIMINALS CRIME STATISTICS BECAME AVAILABLE HUMAN BEHAVIOR DETERMINED BY FORCES BEYOND INDIVIDUAL CONTROL AND IT IS POSSIBLE TO MEASURE THOSE FORCES VIEW CRIMINAL BEHAVIOR AS STEMMING FROM BIOLOGICAL, PSYCHOLOGICAL, AND SOCIAL FACTORS

CLASSIC CRIMINOLOGY FOUNDED THE LATE 18 TH TO 19 TH CENTURY n DEVELOPED AS AN ATTEMT TO APPLY RATIONALITY AND THE RULE OF LAW TO BRUTAL ARBITRARY CRIMINAL JUSTICE PROCESS n FOUNDERS: CESARE BECCARIA, AND JEREMY BENTHAM n

HISTORICAL CONTEXT OUT OF REACTION TO BARBARIC SYTEM n PRIOR TO THIS CRIMES AGAINST THE STATE, CHURCH, AND CROWN BUT NO REAL SYSTEM OF CRIMINAL JUSTICE n SOME CRIMES SPECIFIED BUT JUDGES COULD CONVICT FOR AN ACT NOT EVEN LEGALLY DEFINED AS A CRIME n

HISTORICAL CONTEXT n n n LETTRE DE CACHET – ISSUED BY MONARCHS UNDER WHICH AN INDIVIDUAL COULD BE IMPRISONED FOR NO REASON AT ALL MANY LAWS UNWRITTEN DID NOT SPECIFY TIME OR TYPE OF PUNISHMENT CRUEL/ARBITRARY SENTENCES ENGLAND OVER 200 DEATH PENALTY LAWS INCLUDING PETTY THEFT

HISTORICAL CONTEXT PUBLIC PUNISHMENT POPULAR n TORTURE TO ELICIT CONFESSIONS n A MAN WOULD SUFFER TORTURE TILL DEATH TO AVOID TRAIL SO HIS FAMILY COULD RETAIN LANDS AND GOODS n GAP BETWEEN HAVES AND HAVE NOTS GREW AS INDUSTRY GREW n

HISTORICAL CONTEXT UPPER CLASS PROTECTED SELF VIA RUTHLESS OPPRESSION n SOCIAL UNREST GREW n AS CRIME RATES ROSE SO DID BRUTALITY OF PUNISHMENT n VIOLENCE TO CONQUER VIOLENCE n GROWING EDUCATED CLASS SAW INCONSISTENCY n

HISTORICAL CONTEXT IF TERRIBLE TORTURE DESIGNED TO DETER CRIME WHY WAS CRIME INCREASING n MID 18 TH CENTURY SOCIAL REFORMERS SUGGEST MORE RATIONAL APPROACH n CECARE BECCARIA LAID FOUNDATION FOR SCHOOL OF CRIMINOLOGY – CLASSICAL SCHOOL n

CLASSICAL SCHOOL 1764 BECCARIA PUBLISHED “ ON CRIMES AND PUNISHMENTS” n BECAME “FATHER” OF MODERN CRIMINOLOGY n CONTOVERSY BETWEEN RULE OF MEN OR RULE OF LAW n CRIME TRACED TO BAD LAW NOT BAD PEOPLE n

CLASSICAL SCHOOL LAWS USED TO MAINTAIN SOCIAL CONTRACT n JUDGES IMPOSE PUNISHMENT ONLY IN ACCORDANCE WITH THE LAW n ONLY LEGISLATORS SHOULD CREATE LAWS n JUDGES SHOULD NOT INTERPRET LAWS n

CLASSICAL SCHOOL PUNISHMENT SHOULD BE BASED ON PLEASURE/PAIN PRINCIPLE n PUNISHMENT BASED ON ACT NOT ACTOR n PUNISHMENT DETERMINED BY CRIME n PUNISHMENT SHOULD BE PROMPT AND EFFECTIVE n ALL TREATED EQUAL n

CLASSICAL SCHOOL CAPITAL PUNISHMENT SHOULD BE ABOLISHED n TORTURE TO GAIN CONFESSIONS SHOULD BE ABOLISHED n BETTER TO PREVENT CRIMES THAN PUNISH THEM n AUSTRIA/HUNGARY CODE FIRST TO ABOLISH CAPITAL PUNISHMENT n

UTILITARIANISM n n JEREMY BRETHAM – ENGLISH LEGAL PHILOSOPHER CONCERNED WITH CREATING THE “GREATEST HAPPINESS FOR THE GREATEST NUMBER” UTILITATIANISM – ASSUMES HUMAN ACTIONS CALCULATED IN ACCORDANCE WITH THEIR LIKELIHOOD OF BRINING HAPPINESS (PLEASURE) OR UNHAPPINESS (PAIN) PEOPLE WEIGH PROBABILITIES OF PRESENT & FUTURE PLEASURE AGAINST PRESENT & FUTURE PAIN

UTILITARIANISM n n n PSUEDOMATHMATICAL – “FELICIFIC CALCULUS” INDIVIDAULS ARE HUMAN CALCULATORS TO DECIDE WHICH CRIMES ARE WORTH COMMITTING PROVIDED RATIONAL FOR REFORM EVEN IF WHIMSICAL PUNISHMENT SET JUST IN EXCESS OF PLEASURE GAINED BY CRIME

UTILITARIANISM n n n THE LAW SHOULD EXIST IN ORDER TO CREATE HAPPINESS FOR THE COMMUNITY PUNISHMENT CREATES UNHAPPINESS SO IS ONLY JUSTIFIED IF IT PREVENTS GREATER EVIL THAN IT PRODUCES LEAD TO REFORM OF ENGLSH LAW BETWEEN 1820 TO 1861 – NUMBER OF CAPITAL OFFENSES REDUCED FROM 222 TO 3 – MURDER, TREASON, AND PIRACY.

CLASSICAL - EVALUATION WEAKNESSES n 1. CRITICS ATTACKED SIMPLICITY OF ARGUMENT n 2. CRIMINAL JUSTICE SYSTEM SIMPLY ENFORCE THE LAW n 3. ASSUMED PEOPLE HAD CAPACITY TO CHOOSE GOOD OR EVIL n 4. NO REASON TO ASK WHY n

POSITIVIST CRIMINOLOGY LATE 18 TH CENTURY n ADVANCES IN KNOWLEDGE ABOUT PHYSICAL AND SOCIAL WORLD INFLUENCED THINKING ABOUT CRIME n AUGUSTE COMTE – FRENCH SOCIOLOGIST – APPLIED MODERN METHODS OF PHYSICAL SCIENCES TO THE SOCIAL SCIENCES n

POSITIVIST CRIMINOLOGY ARGUED THERE COULD BE NO REAL KNOWLEDGE OF SOCIAL PHENONMENA UNLESS BASED ON SCEINTIFIC (POSITIVIST) APPROACH n NEEDED DARWINS THEORY OF EVOLITION BEFORE THE NEXT GENERATION COULD REALLY CHALLENGE CLASSICAL CRIMINOLOGY n

POSITIVISTS CRIMINOLOGY SOCIAL SCIENCES BORN n 19 TH CENTURY FORCES OF POSITIVISM AND EVOLUTION MOVED FIELD OF CRIMINOLOGY FROM PHILOSOPHY TO SCIENTIFIC PERSPECTIVE n

BIOLOGICAL DETERMINISM SEARCH FOR CRIMINAL TRAITS n EARLY CRIMINAL ID USED PHYSICAL TRAITS – LIKE RED HAIR, PHYSICAL DEFORMITY, & UGLINESS n PHYSIOGOMY – GIAMBATTISTA DELLA PORTA – STUDY OF FACIAL FEATURES AND THEIR RELATION TO HUMAN BEHAVIORS n

BIOLOGICAL DETERMINISM PHRENOLOGY – POSITED BUMPS ON THE HEAD WERE INDICATIONS OF PSYCHOLOGICAL PROPENSITIES n CHARLES CALDWELL – SEARCHED FOR EVIDENCE THAT BRAIN TISSUE AND CELLS REGULATED HUMAN ACTION n

CESARE LOMBROSO n n MEDICAL DOCTOR/PROFESSOR OF PSYCHIATRY LATER PROFESSOR OF CRIMINAL ANTHROPOLOGY THEORY – “BORN CRIMINAL” – LOWER FROM OF LIFE NEARER APE-LIKE ANCESTORS ATATVISTIC STIGMATA – PHYSICAL FEATURES OF CREATURES AT AN EARLIER STAGE OF DEVELOPMENT, BEFORE FULLY HUMAN

LOMBROSO n n n STIGMATA – HUGE JAWS, STRONG CANINE TEETH, GREATER ARM SPAN, ETC. ANY FIVE STIGMATA IS “BORN CRIMINAL” PROSTITUTE “BORN CRIMINAL” IN WOMAN INSANE CRIMINALS – BECOME SO DUE TO CHANGE IN BRAIN UNCTIONING LIMITING ABILITY TO DISTINGUISH RIGHT FROM WRONG CRIMINOLOIDS – HABITUAL, PASSIONATE, ETC.

LOMBROSO n n MOST SCIENTISTS WHO FOLLOWED LOMBROSO DID NOT SHARE HIS VIEWPOINT WORK KEPT ALIVE MORE BY CRITICISM THAN AGREEMENT HIS THEORIES DO NOT STAND UP TO SCIENTIFIC SCRUTINY HIS THOUSANDS OF MEASUREMENTS ON LIVE AND DEAD CRIMINALS DID CHANGE THE NATURE OF QUESTIONING

ENRICO FERRI CONTROLLING CRIME THROUGH PREVENTIVE MEAASURES n STATE CONTROL OF WEAPONS, INEXPENSIVE HOUSING, BETTER STREET LIGHTING, AND SO FORTH n OVERLY OPTOMISITIC BUT AGAIN GOT PEOPLE THINKING n

RAFFAELE GAROFALO TRACED ROOTS OF CRIMINAL BEHAVIOR TO PSYCHOLOGICAL EQUIVALENTS TO STIGMATA CALLED “MORAL ANOMALIES” n NATURAL CRIMES FOUND IN ALL SOCIETY, REGARDLESS OF THE VIEWS OF LAWMAKERS, AND NO CIVILIZED SOCIETY CAN AFFORD TO DISREGARD THEM n

SOMATOTYPE SCHOOL n n n POPULAR DURING FIRST HALF OF 20 TH CENTURY THREE PRINCIPLE TYPES OF PHYSIQUES 1. AUTHENTIC – LEAN, SLIGHTLY BUILT, AND NARROW SHOULDERS 2. ATHLETIC – MEDIUM TO TALL, MUSCULAR, COARSE BONES 3. PYKNIC – MEDIUM HEIGHT, ROUNDED FIGURE, MASSIVE NECK, BROAD FACE

SOMATOTYPE SCHOOL n n RELATED PHYSICAL TYPES TO PSYCHIC DISORDERS SHELDON IN U. S. – ENDOMORPH, MESOMORPH, AND ECTOMORPH – USED POINT SYTEM TO MEASURE PREDOMINANCE OF FEATURES THIS SCHOOL CRITICIZED FOR NONREPRESENTATIVE SAMPLING, CULTURAL STEREOTYPING, AND POOR STATISTICAL ANALYSIS AFTER WORLD WAR II SOMATOTYPING BECAME TO CLOSE TO EUGENICS AND THE APPROACH FELL INTO DISFAVOR

INHERITED CRIMINALITY PASSED ON IN GENES n TRACED FAMILY HISTORIES n THE JUKES – DUGDALE n EARLY STUDIES DISCREDITED PRIMARILY DUE TO INABILITY TO SEPARATE GENETIC AND ENVIRONMENTAL FACTORS n

PSYCHOLOGICAL DETERMINISM EARLY CONTRIBUTIONS FROM PHYSICIANS INTERESTED IN LEGAL RESPONSIBILITY OF CRIMINALLY INSANE n MORAL INSANITY – SOMETHING WRONG WITH THE BRAIN THAT REGULATES AFFECTIVE RESPONSES n ADMINISTERING OF INTELLIGENCE TESTS n

SOCIOLOGICAL DETERMINISM SEARCH FOR SOCIOLOGICAL DETERMINANTS OF CRIMINAL BEHAVIOR n FIRST CRIMINAL STATISTICS 1827 DEMONSTRATED THAT CRIME RATES VARIED WITH SOCIAL FACTORS n IDENTIFY FACTORS RELATED TO CRIME AND ASSIGN THEM PROPER DEGREE OF INFLUENCE n

LAWS OF IMITATION n n n PRINCIPLES THAT GOVERNED THE PROCESS BY WHICH PEOPLE BECAME CIMINALS INDIVIDUALS EMULATE BEHAVIOR PATTERNS 1. IMINTATE OTHERS IN PROPORTION TO INTENSITY AND FREQUENCY OF CONTACT 2. INFERIORS IMITATE SUPERIORS 3. WHEN 2 BEHAVIORS CLASH ONE MAY TAKE THE PLACE OF OTHERS – KNIVES GIVE WAY TO GUNS

TWO APPROACHES HOW PEOPLE BECOME CRIMINALS AND WHAT IS THE PROCESS, HOW BEHAVIOR PATTERNS ARE LEARNED AND TRANSMITTED n 2 ND APPROACH LOOKS AT SOCIAL STRUCTURE AND INSTITUTIONS n HOW CRIME ARISES IN FIRST PLACE AND HO IT IS RELATED TO THE FUNCTIONING OF A SOCIETY, n

DIVISION OF SOCIAL LABOR n n n DURKHEIM CRIME AS NORMAL AS BIRTH AND DEATH CRIME DISAPPEAR IF ALL MEMBERS SAME VALUES AND STANDARDS SOME CRIME NECESSARY FOR SOCIETY TO PROGRESS COHESIVE SOCIETY PUNISHMENT REINFORCES VALUES LARGE URBANISED – RIGHT WRONG DONE TO VICTIMS – GOAL OF RESTITUTION AND REINSTATEMENT OF ORDER

ANOMIE A BREAKDOWN OF SOCIAL ORDER AS A RESULT OF A LOSS OF STANDARDS AND VALUES n A SOCIETY PLAGUED BY ANOMIE, DISINTEGRATION AND CHAOS REPLACE SOCIAL COHESION n