CRIMINOLOGY

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CRIMINOLOGY

• SCHOOLS OF THOUGHT THROUGHOUT HISTORY

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CLASSICAL SCHOOL

• 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

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POSITIVIST SCHOOL

• 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

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CLASSIC CRIMINOLOGY

• 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

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HISTORICAL CONTEXT

• 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

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HISTORICAL CONTEXT

• 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

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HISTORICAL CONTEXT

• 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

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HISTORICAL CONTEXT

• 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

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HISTORICAL CONTEXT

• 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

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CLASSICAL SCHOOL

• 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

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CLASSICAL SCHOOL

• 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

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CLASSICAL SCHOOL

• 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

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CLASSICAL SCHOOL

• 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

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UTILITARIANISM

• 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

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UTILITARIANISM

• 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

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UTILITARIANISM

• 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.

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CLASSICAL - EVALUATION

• 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

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POSITIVIST CRIMINOLOGY

• 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

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POSITIVIST CRIMINOLOGY

• 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

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POSITIVISTS CRIMINOLOGY

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

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BIOLOGICAL DETERMINISM

• 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

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BIOLOGICAL DETERMINISM

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

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CESARE LOMBROSO

• 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

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LOMBROSO

• 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.

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LOMBROSO

• 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

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ENRICO FERRI

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

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RAFFAELE GAROFALO

• 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

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SOMATOTYPE SCHOOL

• 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

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SOMATOTYPE SCHOOL

• 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 NON-REPRESENTATIVE
  SAMPLING, CULTURAL STEREOTYPING, AND POOR
  STATISTICAL ANALYSIS
• AFTER WORLD WAR II SOMATOTYPING BECAME TO CLOSE
  TO EUGENICS AND THE APPROACH FELL INTO DISFAVOR

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INHERITED CRIMINALITY

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

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PSYCHOLOGICAL DETERMINISM

• 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

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SOCIOLOGICAL DETERMINISM

• 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

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LAWS OF IMITATION

• 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

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TWO APPROACHES

• 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,

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DIVISION OF SOCIAL LABOR

• 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

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ANOMIE

• 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