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Schools of Thought throughout History
Chapter 3 Schools of Thought throughout History Copyright © McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
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Chapter Outline Classical criminology Positivist criminology Biological determinism Psychological determinism Sociological determinism Historical and contemporary criminology Future of our history
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Classical Criminology: Historical Context
Grew out of a reaction against the barbaric system of law, punishment, and justice Many criminal laws were unwritten Public punishments were popular events Social reformers began to suggest a more rational approach to crime
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Cesare Beccaria Author of On Crimes and Punishments Designed a comprehensive, enlightened criminal justice system based on law Known as father of modern criminology
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Beccaria’s Principles
Laws should be used to maintain the social contract Only legislators should create laws Judges should impose punishment only in accordance with the law Judges should not interpret the laws Punishment should be based on the pleasure/pain principle
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Beccaria’s Principles (continued 1)
Punishment should be based on the act, not on the actor Punishment should be determined by the crime Punishment should be prompt and effective All people should be treated equally
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Beccaria’s Principles (continued 2)
Capital punishment should be abolished Use of torture to gain confessions should be abolished Better to prevent crimes than to punish them
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Jeremy Bentham Concerned with achieving the greatest happiness of the greatest number Utilitarianism: All human actions are calculated in accordance with their likelihood of bringing pleasure or pain Proposed felicific calculus Individuals put all the factors into an equation to decide whether a particular crime is worth committing
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Classical School: An Evaluation
Classical criminology had a profound impact on jurisprudence, legislation, and penal and correctional policy Principle that punishment must be appropriate to the crime was universally accepted
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Classical School: An Evaluation (continued)
Critics argued that government was to be run by the rule of law rather than at the discretion of its officials Criminologists argued that people did not choose of their own free will to commit crime Factors beyond their control were responsible for criminal behavior
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Positivist Criminology
Auguste Comte argued that real knowledge of social phenomena is based on a positivist approach Darwin’s On the Origin of Species challenged traditional theological teaching Positivism and evolution moved the field of criminology from a philosophical to a scientific perspective
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Biological Determinism
Physiognomy Study of facial features and their relation to human behavior Proposed by Giambattisti della Porta Phrenology Posited that bumps on the head were indications of psychological propensities Proposed by Franz Joseph Gall and Johann Kaspar Spurzheim
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Cesare Lombroso Born criminal theory
Criminals are a lower form of life Distinguishable from noncriminals by atavistic stigmata Atavistic stigmata: Physical features of creatures at an earlier stage of development, before they became fully human
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Cesare Lombroso (continued)
Insane criminals Not criminal from birth Become criminal as a result of change in the brain which interferes with their ability to distinguish between right and wrong Criminoloids Include habitual criminals, criminals by passion, and other diverse types
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Enrico Ferri Attacked the classical doctrine of free will
Showed interest in controlling crime through preventive measures State control of the manufacture of weapons Inexpensive housing Better street lighting
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Raffaele Garofalo Traced the roots of criminal behavior to psychological features Called moral anomalies Natural crimes are those that offend the basic moral sentiments of probity and piety Suggested that the death penalty could rid society of its maladapted members
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Charles Buckman Goring
Rejected the claim that specific stigmata identify the criminal Successfully disputed Lombroso’s claim of a born criminal
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Return to Biological Determinism
Ernest Hooten reawakened an interest in biologically determined criminality Somatotype school: Related body build to behavior Sheldon's somatotypes - Endomorph, mesomorph, and ectomorph People with mesomorph traits tend more than others to be involved in illegal behavior
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Inherited Criminality
Researchers studied the lives of several members of a family Findings indicated that criminals transmitted a degenerate trait to the next generation Some states permitted the sterilization of habitual offenders
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Psychological Determinism
A Treatise on the Medical Jurisprudence of Insanity by Isaac Ray Treatise on criminal responsibility that was widely quoted and influential Defends the concept of moral insanity Moral insanity - Persons who were normal except that something was wrong with the part of the brain that regulates affective responses
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Psychological Determinism (continued)
Maudsley believed that some people may be considered either insane or criminal According to the standpoint from which they are looked at Intelligence tests seemed to provide an objective basis for differentiating criminals from noncriminals
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Sociological Determinism
Quételet and Guerry argued that society was responsible for criminal behavior Criminological research should: Identify factors related to crime and assign to them their proper degree of influence Laws of imitation: Principles that governed the process by which people became criminals
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Sociological Determinism: Durkheim
Crime is a normal part of society and is necessary for a society to progress All societies have crime and sanctions Anomie: Breakdown of social order as a result of a loss of standards and values
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Historical and Contemporary Criminology
Classical school Crime might be solved through: Limitations on governmental power Abolition of brutality Creation of a more equitable system of justice Punishment should fit the crime
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Historical and Contemporary Criminology (continued)
Positivist school Greater consideration to the offender than to the gravity of the crime when imposing sentences Search for determinants of crime in biological, psychological, and social factors
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