CRIMINOLOGY
SCHOOLS OF THOUGHT
THROUGHOUT HISTORY
CLASSICAL SCHOOL
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BEGAN IN MIDDLE OF 18TH 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
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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
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FOUNDED THE LATE 18TH TO 19TH
CENTURY
DEVELOPED AS AN ATTEMT TO APPLY
RATIONALITY AND THE RULE OF LAW
TO BRUTAL ARBITRARY CRIMINAL
JUSTICE PROCESS
FOUNDERS: CESARE BECCARIA, AND
JEREMY BENTHAM
HISTORICAL CONTEXT
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OUT OF REACTION TO BARBARIC
SYTEM
PRIOR TO THIS CRIMES AGAINST THE
STATE, CHURCH, AND CROWN BUT NO
REAL SYSTEM OF CRIMINAL JUSTICE
SOME CRIMES SPECIFIED BUT JUDGES
COULD CONVICT FOR AN ACT NOT
EVEN LEGALLY DEFINED AS A CRIME
HISTORICAL CONTEXT
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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
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PUBLIC PUNISHMENT POPULAR
TORTURE TO ELICIT CONFESSIONS
A MAN WOULD SUFFER TORTURE TILL
DEATH TO AVOID TRAIL SO HIS FAMILY
COULD RETAIN LANDS AND GOODS
GAP BETWEEN HAVES AND HAVE NOTS
GREW AS INDUSTRY GREW
HISTORICAL CONTEXT
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UPPER CLASS PROTECTED SELF VIA
RUTHLESS OPPRESSION
SOCIAL UNREST GREW
AS CRIME RATES ROSE SO DID
BRUTALITY OF PUNISHMENT
VIOLENCE TO CONQUER VIOLENCE
GROWING EDUCATED CLASS SAW
INCONSISTENCY
HISTORICAL CONTEXT
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IF TERRIBLE TORTURE DESIGNED TO
DETER CRIME WHY WAS CRIME
INCREASING
MID 18TH CENTURY SOCIAL REFORMERS
SUGGEST MORE RATIONAL APPROACH
CECARE BECCARIA LAID FOUNDATION
FOR SCHOOL OF CRIMINOLOGY –
CLASSICAL SCHOOL
CLASSICAL SCHOOL
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1764 BECCARIA PUBLISHED “ ON
CRIMES AND PUNISHMENTS”
BECAME “FATHER” OF MODERN
CRIMINOLOGY
CONTOVERSY BETWEEN RULE OF MEN
OR RULE OF LAW
CRIME TRACED TO BAD LAW NOT BAD
PEOPLE
CLASSICAL SCHOOL
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LAWS USED TO MAINTAIN SOCIAL
CONTRACT
JUDGES IMPOSE PUNISHMENT ONLY IN
ACCORDANCE WITH THE LAW
ONLY LEGISLATORS SHOULD CREATE
LAWS
JUDGES SHOULD NOT INTERPRET
LAWS
CLASSICAL SCHOOL
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PUNISHMENT SHOULD BE BASED ON
PLEASURE/PAIN PRINCIPLE
PUNISHMENT BASED ON ACT NOT
ACTOR
PUNISHMENT DETERMINED BY CRIME
PUNISHMENT SHOULD BE PROMPT
AND EFFECTIVE
ALL TREATED EQUAL
CLASSICAL SCHOOL
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CAPITAL PUNISHMENT SHOULD BE
ABOLISHED
TORTURE TO GAIN CONFESSIONS
SHOULD BE ABOLISHED
BETTER TO PREVENT CRIMES THAN
PUNISH THEM
AUSTRIA/HUNGARY CODE FIRST TO
ABOLISH CAPITAL PUNISHMENT
UTILITARIANISM
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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
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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
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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
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WEAKNESSES
1. CRITICS ATTACKED SIMPLICITY OF
ARGUMENT
2. CRIMINAL JUSTICE SYSTEM SIMPLY
ENFORCE THE LAW
3. ASSUMED PEOPLE HAD CAPACITY TO
CHOOSE GOOD OR EVIL
4. NO REASON TO ASK WHY
POSITIVIST CRIMINOLOGY
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LATE 18TH CENTURY
ADVANCES IN KNOWLEDGE ABOUT
PHYSICAL AND SOCIAL WORLD
INFLUENCED THINKING ABOUT CRIME
AUGUSTE COMTE – FRENCH
SOCIOLOGIST – APPLIED MODERN
METHODS OF PHYSICAL SCIENCES TO
THE SOCIAL SCIENCES
POSITIVIST CRIMINOLOGY
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ARGUED THERE COULD BE NO REAL
KNOWLEDGE OF SOCIAL
PHENONMENA UNLESS BASED ON
SCEINTIFIC (POSITIVIST) APPROACH
NEEDED DARWINS THEORY OF
EVOLITION BEFORE THE NEXT
GENERATION COULD REALLY
CHALLENGE CLASSICAL CRIMINOLOGY
POSITIVISTS CRIMINOLOGY
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SOCIAL SCIENCES BORN
19TH CENTURY FORCES OF POSITIVISM
AND EVOLUTION MOVED FIELD OF
CRIMINOLOGY FROM PHILOSOPHY TO
SCIENTIFIC PERSPECTIVE
BIOLOGICAL DETERMINISM
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SEARCH FOR CRIMINAL TRAITS
EARLY CRIMINAL ID USED PHYSICAL
TRAITS – LIKE RED HAIR, PHYSICAL
DEFORMITY, & UGLINESS
PHYSIOGOMY – GIAMBATTISTA DELLA
PORTA – STUDY OF FACIAL FEATURES
AND THEIR RELATION TO HUMAN
BEHAVIORS
BIOLOGICAL DETERMINISM
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PHRENOLOGY – POSITED BUMPS ON
THE HEAD WERE INDICATIONS OF
PSYCHOLOGICAL PROPENSITIES
CHARLES CALDWELL – SEARCHED FOR
EVIDENCE THAT BRAIN TISSUE AND
CELLS REGULATED HUMAN ACTION
CESARE LOMBROSO
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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
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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
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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
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CONTROLLING CRIME THROUGH
PREVENTIVE MEAASURES
STATE CONTROL OF WEAPONS,
INEXPENSIVE HOUSING, BETTER
STREET LIGHTING, AND SO FORTH
OVERLY OPTOMISITIC BUT AGAIN GOT
PEOPLE THINKING
RAFFAELE GAROFALO
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TRACED ROOTS OF CRIMINAL
BEHAVIOR TO PSYCHOLOGICAL
EQUIVALENTS TO STIGMATA CALLED
“MORAL ANOMALIES”
NATURAL CRIMES FOUND IN ALL
SOCIETY, REGARDLESS OF THE VIEWS
OF LAWMAKERS, AND NO CIVILIZED
SOCIETY CAN AFFORD TO DISREGARD
THEM
SOMATOTYPE SCHOOL
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POPULAR DURING FIRST HALF OF 20TH
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
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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
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PASSED ON IN GENES
TRACED FAMILY HISTORIES
THE JUKES – DUGDALE
EARLY STUDIES DISCREDITED
PRIMARILY DUE TO INABILITY TO
SEPARATE GENETIC AND
ENVIRONMENTAL FACTORS
PSYCHOLOGICAL
DETERMINISM
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EARLY CONTRIBUTIONS FROM
PHYSICIANS INTERESTED IN LEGAL
RESPONSIBILITY OF CRIMINALLY
INSANE
MORAL INSANITY – SOMETHING
WRONG WITH THE BRAIN THAT
REGULATES AFFECTIVE RESPONSES
ADMINISTERING OF INTELLIGENCE
TESTS
SOCIOLOGICAL DETERMINISM
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SEARCH FOR SOCIOLOGICAL
DETERMINANTS OF CRIMINAL
BEHAVIOR
FIRST CRIMINAL STATISTICS 1827
DEMONSTRATED THAT CRIME RATES
VARIED WITH SOCIAL FACTORS
IDENTIFY FACTORS RELATED TO
CRIME AND ASSIGN THEM PROPER
DEGREE OF INFLUENCE
LAWS OF IMITATION
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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
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HOW PEOPLE BECOME CRIMINALS AND
WHAT IS THE PROCESS, HOW BEHAVIOR
PATTERNS ARE LEARNED AND
TRANSMITTED
2ND APPROACH LOOKS AT SOCIAL
STRUCTURE AND INSTITUTIONS
HOW CRIME ARISES IN FIRST PLACE
AND HO IT IS RELATED TO THE
FUNCTIONING OF A SOCIETY,
DIVISION OF SOCIAL LABOR
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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
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A BREAKDOWN OF SOCIAL ORDER AS A
RESULT OF A LOSS OF STANDARDS AND
VALUES
A SOCIETY PLAGUED BY ANOMIE,
DISINTEGRATION AND CHAOS
REPLACE SOCIAL COHESION