Introduction to Criminal Law:
Criminology and Criminal Procedures
Documentary: The Mind of Rampage Killers
 https://www.youtube.com/watch?v=AGo5H9Mp5aA
HOMEWORK: “I am Adam Lanza’s Mother” by Liza Long
Criminology:
What is criminology?
Criminology refers to the study of the nature, causes, and means of dealing with crime
Classical Criminology:
 Classical theories on criminology came out of the chaos of justice in the 18th and early
19th centuries
 Some key thinkers:
 Cesare Beccaria
 Jeremy Bentham
1. Cesare Beccaria (1738-1794)
 Famous for writing On Crimes and Punishment
 Humans are driven by self-interest, but are rational in their decisions
 Government should act on behalf of all citizens
 Citizens are prepared to give up some freedoms in exchange for protection
 Existence of law should act as sufficient deterrent
 Punishment should be proportionately greater than enjoyment received by
disobeying
2. Jeremy Bentham (1748-1832)
 Based his view on theory of utilitarianism
 Law should ensure the greatest good for the greatest number of people
 Social contract between government and people, each with clear responsibilities
 Government to make clear what was illegal and what punishment would
arise
 Citizens to follow laws as created
1. Positivism Criminology:
 Began in late 19th century
 Focused on biological and psychological factors to explain criminal behaviour
 Based on the idea that criminals are born, not made
 nature trumps nurture
 Generally discredited today
Positivism Criminology:
 Cesare Lombroso (1835-1909)
 Studied cadavers of criminals
 Argued that criminals had distinct physical features
XYY Theory
 Chromosomal abnormalities may explain criminal behaviour
 Debunked when researchers proved idea incorrect
2. Sociological Theory:
 concentrated on external physical and environmental factors as major contributors to
criminal behaviour
a) Theory of Anomie
 Proposed by Emile Durkheim (1858-1917)
 Argued that as society moved from rural to urban, traditional values and bonds
that regulated behaviour were weakened
 People would turn to crime living in a big city, no longer restrained by norms of
society
 Called this state of isolation “anomie”
b) Ecological School
 Argued that criminal behaviour was encouraged or fostered in certain
environments
 Communities that suffered from high rates of poverty and social disintegration
were more likely to condone criminal activity than affluent areas
c) Consensus Theory
 Consensus theorists assume there is a universal definition of right and wrong and
that criminal law reflects this consensus
 Argue that criminal laws prohibit behaviours that society agrees are harmful
3. Contemporary Theories of Criminal Deviance
i. Sociology a) Strain theory
 Argues that people commit crimes when they believe they cannot achieve their
desires and goals through legitimate means.
 The stress of goals of acquiring wealth (success and power), and the means to
achieve these goals (education, economic resources) are denied to the
economically disadvantaged
b) Socialization
 Suggests the key influences leading to criminal behaviour are found in
upbringing, peer groups, and role models
ii. Biological – a) Biological Trait Theory
 Argues that some human traits such as intelligence, personality, chemical and
genetic makeup may predispose people to engage in criminal behaviour
 Research suggests that the following can cause a person to become a criminal
 Poor diet (“Twinkie Defense”)
 Influence of hormones (androgens)
 Exposure to drugs/alcohol in the womb
b) Neurophysiological Theory
 Focus on the study of brain activity and how neurological dysfunctions are
connected with criminal activity