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Copyright © 2006 Pearson Education Canada Inc. 4 - 1 “While we read history we make it”… G.W. Curtis (1842-1892) The History and Pioneers of Criminology Chapter 4
Copyright © 2006 Pearson Education Canada Inc. 4 - 2 Learning Objectives Discuss the three major schools of criminological thought. Recognize the impact these schools have had on our current view of crime, criminals, and justice. Be cognizant of the pioneers who have contributed to criminological reform in Canada and internationally. Appreciate the necessity of an interdisciplinary approach to the study of crime, criminals, and the justice system. Recognize the need to include crime prevention in an integrated and interdisciplinary model.
Copyright © 2006 Pearson Education Canada Inc. 4 - 3 Roots of Criminological Theory Two schools: Classical vs. Positivist All theories can trace their roots - roots of Social Reform “Theories are the nets cast to catch the world, to rationalize, to explain, and to master it.” Karl Popper
Copyright © 2006 Pearson Education Canada Inc. 4 - 4 Roots of Criminological Theory Crime viewed as rebellious act committed by poor against rich/political structure punishment justified as mean to establish/maintain order (mentality remains?) Dark Ages: responses to harsh retributive punishment Wergild: 1st victim compensation Ordeals: duals to the death Oath-helpers: testify your innocence
Copyright © 2006 Pearson Education Canada Inc. 4 - 5 Classical School Period of Enlightenment Cesare Becarria: Box 4.1 Unfair punishment, abuse of power & corrupt economic systems that taxed the poor to support rich/powerful Separation of church and state Sought naturalistic explanations
Copyright © 2006 Pearson Education Canada Inc. 4 - 6 Cesare Becarria 3 conditions met could deter potential offenders Certainty of punishment Swiftness of justice Severity of punishment FOUR Grand Principles: equality liberty utilitarianism – Bentham Box 4.2 humanitarianism nullum crimen sin lege nulla poena sine lege
Copyright © 2006 Pearson Education Canada Inc. 4 - 7 Jeremy Bentham “felicitous calculus” - Box 4.2 Fundamental principles still foundation of social policy in Canada and others 2 levels of deterrence – specific and general Fear of arrest to act as deterrent especially when linked to indirect social penalties/costs of arrest 3 types of social costs: commitment costs attachment costs stigma
Copyright © 2006 Pearson Education Canada Inc. 4 - 8 Neo-classical School Rossi; Gerrad; Joly In response to failure of rehab & public outcry for return to harsher punishments & that punishment should fit crime Flexibility into legal system (discretion) Soft-determinism & Rational choice theory French Revolution (1791) and French Penal Code of 1812 Canadian legal system The Singapore Experiment; Indonesia kissing laws
Copyright © 2006 Pearson Education Canada Inc. 4 - 9 Scientific School/Positivist August Comte: final social developmental stage when people embrace a rational, scientific view of the world as opposed to relying on metaphysical School of CARTOLOGY Crime as a product of social conditions (environment) The role of determinism and science The “Holy Three” – Lombroso; Garafalo; Ferri
Copyright © 2006 Pearson Education Canada Inc. 4 - 10 Lombroso: Father of Modern Criminology Atavism - morphological study, criminal stigma 4 types of criminals born criminal occasional criminal insane criminal by passion First to write about the female offender Concept of parens patriae
Copyright © 2006 Pearson Education Canada Inc. 4 - 11 Law vs. Science Classical School Based on reforming criminal law & maintaining social order through criminal responsibility Retribution and revenge Reform the law Positivist School Embraces determinism – rather than punish someone not capable of controlling actions, special consideration & conditioning might be required Reform and rehabilitation Reform the man
Copyright © 2006 Pearson Education Canada Inc. 4 - 12 Criminology at Work Pioneers in criminal justice & prison reform Alexander Maconochie: Australia and penal reforms (rights) prisoners earn all they receive prison industries (e.g., chain gangs, building own institutions, farming, etc.) “Prison is not a place to punish but a place where one served one’s punishment.” Maconochie
Copyright © 2006 Pearson Education Canada Inc. 4 - 13 Prison Reform John Howard Society http://www.johnhoward.ca/jhsmiss.htm http://www.johnhoward.ca/jhsmiss.htm Elizabeth Fry Society http://www.elizabethfry.ca/caefs_e.htm classification & vocational training humane treatment & constructive work
Copyright © 2006 Pearson Education Canada Inc. 4 - 14 Law Enforcement Sir Robert Peel: formalized policing Uniforms and discipline Community policing - foundation of today Key principles of conduct Use minimal force, impartial service of law, efficiency is an absence of crime!
Copyright © 2006 Pearson Education Canada Inc. 4 - 15 Legal Reform Charles Doe: criminal responsibility Pedro Montereo: train lawyers & judges in social sciences Issac Ray: mitigating circumstances to recognise/consider medical evidence, phrenology, moral insanity expert testimony (insanity, forensics, DNA)
Copyright © 2006 Pearson Education Canada Inc. 4 - 16 Criminalistics Alphonse Bertillon: Anthropometry Hans Gross: Austrian School & Victimology Marc Ansel: social defence protection over punishment respect breeds responsibility (Box 4.15)
Copyright © 2006 Pearson Education Canada Inc. 4 - 17 Canadian Pioneers Denise Szabo The “father of Canadian criminology” Psychological and historical context Fattah: Victimology Criminology and criminal policy are inseparable Eclectic and international background
Copyright © 2006 Pearson Education Canada Inc. 4 - 18 Prevention as a School of Thought Traditional etiologies of crime have not been able to fully explain, understand, predict or suppress crime….therefore…. Some strategies work well for property- related crimes less effective for crimes against persons
Copyright © 2006 Pearson Education Canada Inc. 4 - 19 Prevention Oscar Newman: modify the environment C.R. Jeffery: interaction of biology, behaviour, and environment Proactive vs. reactive process Police - ‘Geographic Profiling’ Address the OPPORTUNITY (real or perceived) to commit crimes in order to deter/prevent fixing broken windows target hardening
Copyright © 2006 Pearson Education Canada Inc. 4 - 20 Summary History is diverse and complex Two major schools of thought Most theories trace their roots to either Classical or Positivist ideas Disciplines calls for an integrated and interdisciplinary approach Canadian ‘pioneers’ making their mark
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