CRIM 1 Module2
CRIM 1 Module2
Overview
This module describes the most important concepts relating criminology as a
discipline is recent, but its foundations date back to centuries ago built by people
who may be called early criminologists. To better understand current
criminological theories, it is essential to be familiar with these people’s
contributions and earlier approaches.
Learning Outcomes
After studying this lesson, you should be able to:
1. explain the concept of Classical School, Positive School and Neo-Classical School;
2. explain the Sociological Positivism; and
3. explain the Lacassagne School.
CLASSICAL CRIMINOLOGY
By the middle of the 18th century, social philosophers studied, argued and began to look
for a more rational approach in imposing punishment. Social reformers sought to eliminate the
barbaric system of law, punishment and justice. They stressed that the relationship between
crime and punishment should be balanced and fair.
The writings of Beccaria and his followers form the core of what today is referred to as
Classical Criminology, with the following basic elements:
In every society, people have free will to choose criminal or law solutions to meet their
needs or settle their problems.
Criminal solutions may be more attractive than lawful ones because they usually require
less work for a greater payoff; if left unsanctioned, crime has greater utility than
conformity.
The more severe, certain, and swift the punishment, the better able it is to control
criminal behavior (Siegel, 2004).
This material has been prepared and communicated to you by or on behalf of
Palawan State University South Campuses for educational purposes only.
DO NOT REPRODUCE OR COMMUNICATE.
Prepared by Baby Jane Ngujo-Bundac
Beccaria's book On Crimes and Punishment supplied the blue print, which was based on the
assumption that people freely choose what they do and are responsible for the consequences of
their behavior.
1. All human beings, including criminals, will freely choose either criminal ways or non-
criminal ways, depending on which way they believe will benefit them.
2. Criminals will avoid behaviors that will bring pain and will engage in behaviors that
will bring pleasure.
3. Before deciding which course of action to take, criminals will weigh the expected
pains.
4. Criminals are responsible for their behaviors. They are seen as human beings who are
able to interpret, analyze, and understand the situations in which they find themselves.
5. Criminals act over and against their environments. They are not victims of their
This material has been prepared and communicated to you by or on behalf of
environment.
Palawan State University South Campuses for educational purposes only.
DO NOT REPRODUCE OR COMMUNICATE.
Prepared by Baby Jane Ngujo-Bundac
6. Criminals go through a thinking process whereby they take a variety of factors into
account before they make a final decision on whether or not to commit a criminal act.
8. Environmental forces do not push, pull, or propel individuals to act. An individual acts
willfully and freely.
9. Offenders are not helpless, passive, or propelled by forces beyond their control.
10. Each criminal act is a deliberate one, committed by a rational, choosing person who is
motivated primarily by the pleasure-pain principle.
NEOCLASSICAL CRIMINOLOGY
The neoclassical school, which flourished in the 19th Century, had the same basis as the
classical school - a belief in free will. But the neoclassical criminologists, most of whom were
British, saw the need for individualized reaction to offenders. They believed the classical
approach was too harsh and unjust. This school of Criminology is a modification of classical
theory; it believed that certain factors such as insanity will inhibit the exercise of free will
Perhaps the most shocking aspect of harsh penal codes in early times was that they did
not provide for the separate treatment of children. One of the changes of the neoclassical period
was that children under seven years of age were exempt from the law because they were
presumed to be unable to understand what is right or wrong. The exemption would cover
juveniles. Mental disease became a reason to exempt a suspect from conviction too. It was seen
as a sufficient cause of impaired responsibility, and thus defense by reason of insanity crept into
the law. Any situation or circumstance that made it impossible to exercise free will was seen as a
reason to exempt a person from legal responsibility from what otherwise might be a criminal act.
Although the neoclassical school, unlike the classical, was not a scientific school of
criminology, it began to explore the causation issue. Its proponents made exceptions to the law
and implied multiple causation. Even today, much modern law is based on the neoclassical
philosophy of free will tempered by exceptions (Reid, 1997).
POSITIVIST CRIMINOLOGY
The positivist school originated in the 19th century in the context of the "scientific
revolution." The positivists rejected the harsh legalism of the classical school and substituted the
concept of "free will with the doctrine of determinism. They focused on the constitutional
approach to crime advocating that structure characteristics of an individual determine that
person's behavior. Since these characteristics are not uniform, the positivists emphasized a
philosophy of individualized, scientific treatment of criminals, based on the findings of the
physical and social sciences.
The positivist school was composed of several Italians. Generally, it is associated with
Cesare Lombroso (who founded the Italian School of thought), Enrico Ferri, and Raffaele
Garofalo. They were called the "unholy three" by the religious leaders during the time of
positivism because of their belief in evolution as contrasted to biblical interpretation of the origin
of man and woman. Eventually, they have been called the "holy three of criminology" because
their emergence symbolized clearly that the era of faith was over and the scientific age had
begun.
The positivist school presumes that criminal behavior is caused by internal and external
factors outside of the individual's control. The scientific method was introduced and applied to
the study of human behavior. Positivism can be broken up into three segments which include
biological, psychological and social positivism. The following are key assumptions of the
positivist school of thought:
BIOLOGICAL POSITIVISM
It is interesting to examine the sequence of events that made Lombroso, not Beccaria or
Bentham, deserve this title.
After completing his medical studies, Lombroso served as an army physician, became a
professor of psychiatry at the University of Turin, and later in his life accepted an appointment as
professor of criminal anthropology. His theory of the "born criminal" states that criminals are a
lower form of life, nearer to their apelike ancestors than non-criminals in traits and dispositions.
They can be distinguished from non-criminals by various atavistic stigmata, which refers to the
physical features of creatures at an earlier stage of development, before they became fully human
beings.
The criminal's distinct physical and mental stigmata include deviation in head size and
shape from the type common to the race and region from which the criminal came; asymmetry of
the face; excessive dimensions of the jaw and cheek bones; eye defects and peculiarities; ears of
unusual size, or occasionally very small, or standing out from the head as those of chimpanzee;
nose twisted, upturned or flattened in thieves, or aquiline or beak-like in murderers, or with a tip
rising like a peak from swollen nostrils; fleshy lips, swollen and protruding; pouches in the
cheeks like those of animal's toes; and imbalance of the hemispheres of the brain. Lombroso's
work supported the idea that the criminal was a biologically and physically inferior person.
1. The theory of atavism. Lombroso had the opinion that criminals were developed from
primitive or subhuman individuals characterized by some inferior mental and physical
characteristics such as receding hairline, forehead wrinkles, bumpy face, broad noses,
fleshy lips, sloping shoulders, long arms, and pointy fingers. He called this condition
atavism.
2. The application of the experimental or scientific method to the study of the criminal.
Lombroso spent endless hours measuring criminally insane persons and epileptics'
skulls.
a. Born criminals - These refer to individuals who are born with a genetic
predilection toward criminality.
b. Epileptic criminals - These are criminals who commit crime because they are
affected by epilepsy.
c. Insane criminals - These are those who commit crimes due to abnormalities or
psychological disorders. These criminals are not criminal from birth; they
become criminal as a result of some changes in their brains which interfere
with their ability to distinguish between right and wrong.
a. Pseudo criminals - These individuals are not real criminals. They have
neither any inborn tendency towards crime nor are they under the
influence of any bad crime-inducing habit. They do something
criminal on account of acute pressure of circumstances that leave
them with no choice. An example would be persons who kill in
self-defense.
5. The application of statistical techniques to criminology. Although crude and with the
use of questionable control groups, statistical techniques were used by Lombroso to make
criminological predictions.
Ferri claimed that strict obedience to preventive measures based on scientific methods
would eventually reduce crimes and allow people to live together in society with less dependence
on the penal system.
According to Garofalo, natural crimes are those that offend the basic normal sentiments
of probity, which mean respect for the property of others, and piety or avoidance of causing
infliction of sufferings to others. An individual who has an organic deficiency in these moral
sentiments has no moral force against committing such crimes. Influenced by the theory of
Darwin, Garofalo suggested that the death penalty could rid the society of its maladapted
members, just as the natural selection process eliminated maladapted organisms. And for those
who committed less serious offenses, who are capable of adapting themselves to society in some
measure, he preferred: transportation to remote islands, loss of privileges, institutionalization in
farm colonies, or perhaps simple reparation. Clearly, Garofalo was more concerned and
interested in protecting society than individual rights of offenders. Garofalo classified criminals
as:
SOCIOLOGICAL POSITIVISM
During the nineteenth and early scholars began to search for social determinants of
criminal behavior. Among them were Quetelet and the French lawyer Andre Michel Guerry.
They started what was called Cartographic School of Criminology in which they worked
independently on the relation of crime statistics to such factors as poverty age, sex, race, climate,
and other demographic factors. Both scholars concluded that society, not the decision of
individual offenders, was responsible for criminal behavior.
Of all the nineteenth-century writers on the relationship between crime and social factors,
none has more powerfully influenced contemporary criminology than Émile Durkheim.
The classical and positivist schools had an important impact on the emergence and
development of criminology. The basic differences between these schools of thought are listed in
the following table (Reid, 1997).
LACASSAGNE SCHOOL
Lombroso's Italian school was rivaled, in France, by Alexandre Lacassagne and his
school of thought, based in Lyon and influential from 1885 to 1914. The Lacassagne School
rejected Lombroso's theory of "criminal type" and of "born criminals" and stressed the
importance of social factors. However, contrary to criminological tendencies influenced by
Durkheim's social determinism, it did not reject biological factors. Indeed, Lacassagne created an
original synthesis of both tendencies, influenced by positivism, phrenology and hygienism,
which alleged a direct influence of the social environment on the brain.
CHICAGO SCHOOL
The Chicago School arose in the early twentieth century, through the work of Robert
Park, Ernest Burgess, and other urban sociologists at the University of Chicago. In the 1920's,
Park and Burgess identified five concentric zones that often exist as cities grow, including the
"zone in transition" which was identified as most volatile and subject to disorder. In the 1940s,
Henry McKay and Clifford Shaw focused on juvenile delinquents, finding that they were
concentrated in the zone of transition.
Chicago School sociologists adopted a social ecology approach to studying cities, and
postulated that urban neighborhoods with high levels of poverty often experience breakdown in
the social structure and institutions such as family and schools. This results in social
disorganization, which reduces the ability of these institutions to control behavior and creates an
environment ripe for deviant behavior.
Other researchers suggested an added social psychological link. For one, Edwin
Sutherland suggested that people learn criminal behavior from older, more experienced criminals
that they may associate with.
References
Books/Journal/Magazine/Proceedings
ALVIOLA, A., ALVIOLA J. 2014. Introduction to Criminology and Psychology of
Crimes, Wiseman’s Book Trading, Inc. pp. 19-33
Electronic References
Icons Used
open.edu
sciencephoto.com
en.wikipedia.org
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sciencephoto.com
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