This document provides an overview of the key concepts and historical development of criminology. It discusses the classical school of criminology from the 18th-19th centuries, which viewed criminal behavior as a matter of free will and choice. The principles of Cesare Beccaria are outlined, including that laws should maintain the social contract and punishments should be based on the pleasure-pain principle. It also briefly discusses the neoclassical school, Italian positivist school founded by Cesare Lombroso, and defines criminology, criminal justice, and deviance.
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This document provides an overview of the key concepts and historical development of criminology. It discusses the classical school of criminology from the 18th-19th centuries, which viewed criminal behavior as a matter of free will and choice. The principles of Cesare Beccaria are outlined, including that laws should maintain the social contract and punishments should be based on the pleasure-pain principle. It also briefly discusses the neoclassical school, Italian positivist school founded by Cesare Lombroso, and defines criminology, criminal justice, and deviance.
This document provides an overview of the key concepts and historical development of criminology. It discusses the classical school of criminology from the 18th-19th centuries, which viewed criminal behavior as a matter of free will and choice. The principles of Cesare Beccaria are outlined, including that laws should maintain the social contract and punishments should be based on the pleasure-pain principle. It also briefly discusses the neoclassical school, Italian positivist school founded by Cesare Lombroso, and defines criminology, criminal justice, and deviance.
Copyright:
Attribution Non-Commercial (BY-NC)
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Download as DOC, PDF, TXT or read online from Scribd
This document provides an overview of the key concepts and historical development of criminology. It discusses the classical school of criminology from the 18th-19th centuries, which viewed criminal behavior as a matter of free will and choice. The principles of Cesare Beccaria are outlined, including that laws should maintain the social contract and punishments should be based on the pleasure-pain principle. It also briefly discusses the neoclassical school, Italian positivist school founded by Cesare Lombroso, and defines criminology, criminal justice, and deviance.
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NOTES IN CRIMINAL SOCIOLOGY
BY: Chivas Gocela Dulguime, R.C.
ha! is C"imi#olog$% - It is a body of knowledge regarding crime as a social phenomenon. It includes within its scope the process o& ma'i#g la(s, o& )"ea'i#g !he la( a#* !he "eac!io# !o(a"*s !he )"a'i#g o& !he la(. The objective of Criminology is the *evelo+me#! o& !he ge#e"al a#* ve"i&ie* +"i#ci+le and of other types of knowledge regarding this process of law, crime and treatment. ,E*(i# Su!he"la#* a#* Do#al* C"esse$- ha! *oes !his *e&i#i!io# mea#% .Develo+me#! o& a )o*$ o& ge#e"al a#* ve"i&ie* +"i#ci+les/ This means that Sutherland mandated that criminologists, like other social scientist, collect information for study and analysis in accordance with the research methods of modern science. afaelle !arofalo " coined the term #Criminology$ %&''(). C"imi#olog$, C"imi#al 0us!ice a#* Devia#ce Criminology " e*plains the etiology %origin), e*tent and nature of crime in the society. Criminal +ustice System " refers to the study of agencies of social control that handle criminal offenders. - ,ngage in describing, analy-ing and e*plaining the operation of the agencies of justice %pillars of Criminal +ustice System). - Term criminal justice system is relatively new - .ecame popular in &/01, with the publication of the report of the 2resident3s Commission on 4aw ,nforcement and 5dministration of +ustice, The Challenge of Crime in a Free Society. - The 6nited States has well over (7 criminal justice systems 8eviance " refers to the study of behavior that departs from social norms. Included within the broad spectrum of deviant acts are behaviors ranging from violent crimes to joining a nudist colony. 1ISTORICAL DE2ELO3MENT O4 CRIMINOLOGY Mi**le Ages ,5677 8 5977- " superstition and fear of satanic possession dominated thinking. 8ealing with the possessed is through burning at stake. 9icholas emy %&(1( " &(/7) " he was the :ead of the In;uisition in the <rench 2rovince of 4orraine. :e ordered the death of :77 so"ce"e"s and (i!ches through burning. 2eter .insfield " the .ishop of the !erman City of Trier, ordered the death of 9,;77 +eo+le because of witchcraft. &0 th and &1 th Century " almost &7,777 people were prosecuted in ,urope for witchcraft. The punishments being imposed for witchcraft are= whipping, branding, maiming and e*ecution. CLASSICAL SC1OOL O4 CRIMINOLOGY ,5< T1 CENT=RY- Classical criminology is considered to be the first formal school of criminology. Classical criminology grew out a reaction against the barbaric system of law, punishment, and justice that e*isted before the <rench evolution of &1'/. 6ntil that time there was no real system of criminal justice in ,urope. Classical criminology is associated with &'th and early &/th century reforms to the administration of justice and the prison system. 5ssociated with authors such as Cesa"e Becca"ia ,5>?<@5>:A-, 0e"em$ Be#!ham ,5>A<@5<?6-, Samuel Romill$ ,5>;>@5<5<-, and others, this school brought the emerging philosophy of liberalism and u!ili!a"ia#ism to the justice system, advocating principles of rights, fairness and due process in place of retribution, arbitrariness and brutality. =!ili!a"ia#ism " emphasi-ed that behavior occurs when the actor consider it useful, purposeful and reasonable. The principle which states #the greatest happiness for the greatest number$. Classical criminology, derived from the political philosophy of the E#ligh!e#me#!, views criminal conduct as a matter of human nature. Specifically, criminal behavior is a matter of freewill or choice. The ideas of classical criminology provided the foundation of the Ame"ica# c"imi#al Bus!ice s$s!em %law enforcement, court and correction). Current versions of classical criminology include the economic approach, rational choice, routine activities and the general theory of crime. E#ligh!e#me#! " this is the age of reason, the period where death penalty was abolished and the use of prison as a form of punishment. Basic Eleme#!s o& Classical C"imi#olog$: &. In every society people have free will to choose criminal or lawful solutions to meet their needs or to settle their problems. >. Criminal solutions may be more attractive than lawful ones because they usually re;uires less work for a greater payoff= if left unsanctioned, crime has greater utility than conformity. ?. 5 person choice of criminal solutions may be controlled by his or her fear of punishment. @. The more severe, certain and swift the punishment, the better able it is control criminal behavior. 3"i#ci+les 3"o+ose* )$ Cesa"e Becca"ia: &. La(s shoul* )e =se* !o Mai#!ai# !he Social Co#!"ac! - #4aws are the conditions under which men, naturally independent, united themselves in society. Aeary of living in a continual state of war, and of enjoying a liberty, which became of little value, from the uncertainty of its duration, they sacrificed one part of it, to enjoy the rest in peace and security.$ >. O#l$ Legisla!o"s Shoul* C"ea!e La(s @ #The authority of making penal laws can only reside with the legislator, who represents the whole society united by the social compact.$ ?. 0u*ges Shoul* Im+ose 3u#ishme#! O#l$ I# Acco"*a#ce i!h The La( - #9o magistrate then %as he is one of the society), can, with justice inflict on any member of the same society punishment that is not ordained by the laws.$ @. 0u*ges Shoul* No! I#!e"+"e! The La(s -#+udges in criminal cases, have no right to interpret the penal laws, because they are not legislators. . .,veryman hath his own particular point of view, and, at different times, sees the same objects in very different lights. The spirit of the laws will then be the result of the good or bad logic of the judge= this will depend on his good or bad digestion.$ (. 3u#ishme#! Shoul* Be Base* O# The 3leasu"eC3ai# 3"i#ci+le ,1EDONISM- - #2leasure and pain are the only springs of actions in beings endowed with sensibility. If an e;ual punishment be ordained for two crimes that injure society in different degrees= there is nothing to deter men from committing the greater as often as it is attended with greater advantage. 0. 3u#ishme#! Shoul* Be Base* O# A# Ac!, No! O# The Ac!o" @ #Crimes are only measured by the injuries done to the society. They err, therefore, who imagine that a crime is greater or less according to the intention of the person by whom it is committed.$ 1. 3u#ishme#! Shoul* )e 3"om+! A#* E&&ec!ive @ #The more immediate after the commission of a crime a punishment is inflicted, the more just and useful it will be. . .5n immediate punishment is more useful= because the smaller the interval of time between the punishment and the crime, the stronger and more lasting will be the association of the two ideas of crime and punishment.$ '. All 3eo+le Shoul* Be T"ea!e* EDuall$ @ .I assert that the punishment of a nobleman should in no wise differ from that of the lowest member of society.$ /. Ca+i!al 3u#ishme#! Shoul* Be A)olishe* @ #The punishment of death is not authori-ed by any right= for. . . no such right e*ists. . .The terrors of death make so slight an impression, that it has not force enough to withstand the forgetfulness natural to mankind.$ &7. The =se O& To"!u"e Shoul* Be A)olishe* - #It is confounding all relations to e*pect . . . that pain should be the test of truth, as if truth resided in the muscles and fibers of a wretch of torture. .y this method the robust will escape, and the feeble be condemned.$ &&. I! Is Be!!e" !o 3"eve#! C"imes Tha# To 3u#ish Them - #Aould you prevent crimesB 4et the laws be clear and simple, let the entire force of the nation be united in their defense, let them be intended rather to favor every individual than any particular classes.. .<inally, the most certain method of preventing crime is to perfect the system of education.$ Some o& !he *e&i#i#g &ea!u"es o& !he classical school i# c"imi#olog$ i#clu*e: 5ll people are guided by free will 5ll behavior is guided by hedonism %pleasureCpain calculation) 5ll crime is the result of free will and hedonism 5ll punishment should fit the offense %e;ual treatment under law) .ad people are nothing more than the result of bad laws NEO CLASSICAL SC1OOL O4 CRIMINOLOGY - This approach of penology arose at the time of the <rench revolution and the period immediately thereafter. It maintains that while the classical school doctrine in general is correct, it should be modified in certain details. It argues that since children and lunatic persons cannot calculate pleasure and pain, they should not be regarded as criminals and as such they should not be punished. The reaction to crime, therefore, under this school is no longer punitive= punishment is imposed on some lawbreakers but not on others. ITALIANC3OSITI2IST SC1OOL O4 CRIMINOLOGY 8 it is a social movement that e*isted during the mid &'77s and early &/77s. - <ounded by Cesare 4ombroso with his two disciples= ,nrico <erri and afaelle !arofalo Some o& !he commo#, *e&i#i#g &ea!u"es o& !he +osi!ivis! school i# c"imi#olog$ i#clu*e: The demand for facts, for scientific proof %determinism) There are body and mind differences between people %of these, the mens rea, or reasons for committing crime are important) 2unishment should fit the individual criminal, not the crime %indeterminate sentencing, disparate sentencing, parole) The criminal justice system should be guided by scientific e*perts %rule by scientific elite, technocracy) Criminals can be treated, rehabilitated, or corrected %if not, then they are incurable and should be put to death) Cesa"e Lom)"oso %9ovember 0, &'?( " Dctober &/, &/7/) - was the founder of the Italian School of 2ositivist Criminology. :e rejected the established Classical School, which held that crime was a characteristic trait of human nature and that rational choices were the foundation of behavior. 4ombroso, using a scientific approach and concepts drawn from physiognomy, early eugenics, psychiatry, and Social 8arwinism, argued that criminality was inherited, and that the Eborn criminalE could be identified by physical defects, which confirmed a criminal as Esavage,E or Eatavistic.E Ahile his particular identifying characteristics are no longer considered valid, the idea of factors that predispose certain individuals to commit crime continues to be foundational to work in criminology. Together with his emphasis on the scientific method, this revolutionary approach has earned 4ombroso the title E&a!he"E o& scie#!i&ic c"imi#olog$. Lom)"osia# Theo"$ Base* o# Biological De!e"mi#ism: &. .orn Criminals " inherited physical problems that impelled them to a life of crime such as repeated assault or theft related activities. >. 5tavistic 5nomaliesCStigmata - means a real or supposed evolutionary throwback %degeneracy), the une*pected appearance of primitive traits= a reversion, the reappearance of a trait that had been present in a lineage in the past, but which had been absent in intervening generations. - The concept was much more widely used in the pre-genetic 8arwinism of ,rnst :Fckel, who proposed a recapitulation theory commonly summed up in the phrase that ontogeny recapitulates phylogenyG the notion that a developing embryo revisits the previous evolutionary stages of the organism in the course of its development, and resembles the successively more comple* organisms out of which it had evolved. - The notion of atavism was used fre;uently by social darwinists , who liked to claim that inferior races displayed atavistic traits, and represented more primitive traits than their own race. .oth the notion of atavism, and :FckelHs recapitulation theory, are saturated with bogus notions of evolution as progress, as a march towards greater comple*ity and superior ability, which we now know to be untenable.
Lom)"osoFs Chec'lis! o& 3h$siog#omic I#*ica!o"s 6nusually short or tall height Small head, but large face Small and sloping forehead eceding hairline Arinkles on forehead and face 4arge sinus cavities or bumpy face 4arge, protruding ears .umps on head, particularly the 8estructiveness Center behind ear 2rotuberances %bumps) on head 4arge eye sockets 8eep, beady eyes .eaked nose %up or down) or flat nose Strong jaw line <leshy lips, but thin upper lip Iighty incisors, abnormal teeth Small or weak chin Thin neck Sloping shoulders, but large chest 4ong arms :igh cheek bones .ushy eyebrows 2ointy, webby, snobby fingers or toes Tattoos on body ?. Criminaloids - this refers to the mentally ill and those suffering from epilepsy. 5ccording to 4ombrosian theory, criminogenic traits can be ac;uired through indirect heredity, from a degenerate family whose members suffered from such ills as insanity, syphilis and alcoholism. @. 5: T1 CENT=RY 3OSITI2ISM 3osi!ivism @ The term EpositivismE refers to a method of analysis based on the collection of observable scientific facts. Its aim is to e*plain and %most importantly) predict the way facts occur in uniform patterns. 2ositivism is the basis of most natural sciences, and positivist criminology is the application of positivist methods to the study of people. T(o mai# eleme#!s o& 3osi!ivism: &. The belief that human behavior is the function of internal %e*. .iological makes " upC mental ability) and e*ternal forces %e*. Social, political, historical). >. ,mbracing scientific methods in solving problems. The used of empirical method to test the hypothesis. Augus! Com!e %&1/' " &'(1) " founder of sociology, applied scientific methods in the study of society. - 8eveloped the idea of positivism. S!ages o& socie!$ acco"*i#g !o Augus! Com!e: & st Stage " 2rimitive society %consider inanimate object as having life= sun is a !od) > nd Stage " Social Stage %rational view to the world) ? rd Stage " <inal Stage %scientific view of the world, known as positivist) Cha"les Da"(i# ,5<7: 8 5<<6- " populari-ed the positivist tradition and developed ,volution Theory %considered as the &/ th century #Cult of Science$) Biological 3osi!ivismCDe!e"mi#ism " the earliest scientific studies in determining human behavior is biologically oriented. &. :ereditary influences <amily treesG Jallikak family " relationship between intelligence and criminality. 5 study conducted by :enry !oddard. +uke family " relationship between feeblemindedness and criminality. 5 study conducted by ichard 8ugdale. Iargareth #5da$ +uke considered as the mother of criminals. >. .iological inferiorities a. 2hrenology - <ran- +oseph !all %&1(' " &'>') and +ohann J. Spur-heim %&110 " &'?>) " they are 2hrenologists, who studied the shape of the skull and bumps of the head to determine whether these physical attributes were linked to criminal behavior. b. 2hysiognomy - +.J. 4avater %&1@& " &'7&) a 2hysiognomist, studied the facial features of criminals to determine whether the shape of ears, nose and eyes and the distance between them were associated with anti " social behavior. c. Somatotyping theory d. Drsomatotyping theory 2hilippe 2inel " one of the founders of <rench 2sychiatry. :e claimed that some people behave abnormally even without being mentally ill. :e coined the phrase manie sans delire which means +s$cho+a!hic +e"so#ali!$. .enjamine ush %&'&>) " described patients with an .i##a!e +"e!e"#a!u"al mo"al *e+"avi!$/. :enry Iaudsley %&'?( " &/&') " believed that insanity and criminal behavior were strongly linked. :e stated that #Crime is a sort of outlet in which their unsound tendencies are discharged= they would go mad if they would not criminals, and they do not go mad because they are criminals. Biosocial Theo"$ - the term being coined to reflect the assume link between physical and mental traits, the social environment and behavior. Social 3osi!ivism - scientifically study the major social changes that were taking place in nineteenth " century society because of population e*plosion. 4O=NDATIONS O4 SOCIOLOGICAL CRIMINOLOGY: L.A.0. ,ADOL31E- G=ETELET ,5>:9@ 5<>A- ,DA2ID- EMILE D=RH1EIM ,5<;<@5:5>- &. The use of data and statistics in performing criminological research %Kuetelet). >. 8efine crime as normal and necessary social event %8urkheim). A*ol+he Gue!ele! " 8eveloped the Ca"!og"a+hical School o& C"imi#olog$ together with a <renchman 5ndre " Iichel !uerry. - Studied the data gathered in <rance known as Comptes generaux de ladministration de la justice in order to investigate the influence of social factors on the propensity to commit crime such as age and se* on crime. - 6ncovered evidence that season, climate, population composition and poverty were related to criminality. - Crime rates were greatest in the summer, in southern areas, among heterogeneous populations and among the poor and uneducated. - Studied the relationships between crime and social phenomena. Emile Du"'heim " believed that crime is part of human nature because it has e*isted during periods of both poverty and prosperity. - .elieved that as long as human differences e*isted, then crime is inevitable and one of the fundamental conditions of human life. - 8eveloped the principle known as A#omie. - .orrowed the word a#omie from the <rench philosopher +ean-Iarie !uyau and used it in his book Suicide %&'/1). - 8efined the term a#omie as a condition where social andCor moral norms are confused, unclear, or simply not present. 8urkheim felt that this lack of norms led to deviant behavior.% httpGCCsociologyinde*.comCanomie.htm) - In his book #The 8ivision of 4abor in the Society$ he described the conse;uences of the shift from a small, rural society, which he labeled #mechanical$, to the modern #organic$ society with a large urban population, division of labor and personal isolation.