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SCHOOLS OF THOUGHT THROUGHOUT HISTORY

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Presentation on theme: "SCHOOLS OF THOUGHT THROUGHOUT HISTORY"— Presentation transcript:

1 SCHOOLS OF THOUGHT THROUGHOUT HISTORY
CRIMINOLOGY SCHOOLS OF THOUGHT THROUGHOUT HISTORY

2 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

3 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

4 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

5 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

6 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

7 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

8 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

9 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

10 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

11 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

12 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

13 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

14

15 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

16 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

17 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.

18 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

19 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

20 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

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

22 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

23 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

24 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

25 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.

26 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

27 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

28 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

29 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

30 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

31 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

32 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

33 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

34 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

35 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,

36 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

37 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


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