UNIVERSITY OF NAIROBI SCHOOL OF LAW GPR 200 CRIMINOLOGY AND PENOLOGY 1. This course has three main elements:  Criminology  Penology  Special issues or problems in Criminology and Penology 2. Criminology is the scientific study of crime as an individual and social Phenomenon. 3. The term Criminology was first coined by an Italian Law Professor Raffade Garofalo in 1885 (Italian – Criminologia). French anthropologist Paul Topinard used it for the first time in French (Criminologie) around the same time.

1. Criminology focuses on three main areas:  The sociology of law. Sociology is about social behaviour. Why people behave as they do, what factors in society affect their behaviour; how groups of people in society organize themselves and come to be as they are.  Sociology is an attempt to study, in a scientific and systematic way as possible, how societies operate.  This means trying to stand back from society a little: watching, recording, measuring, evaluating and interpreting what is going on, and trying to explain how and why so many of the things we all take for granted about society come to be as they are.  Sociology is also concerned with the institutions of law.

Second area of sociology focus is the theories of causation (Criminogenesis Here the focus will be on the schools of thought and the theories of causation  School of Thought can been defined as “A point of view held by a particular group” or “A belief or system of belief accepted as authoritative by some of groups or school”  These schools of thought influence the theories, which try to explain the causes of crime. The theories try to give credence to or test ideas or interpret facts. Theory is part of an explanation of a particular phenomenon.  There are many schools of thought and theories on causation.  There are many theories, many studies, many views and opinions, and still evolving area.  We will not study all the theories, but the major ones.  This subject cannot be understood alone but within the context of other areas such as criminal law and jurisprudence.

 There are as many theories as the proponents and therefore important that you remember at least the major proponents.  There are two broad frames of reference for crime: Natural explanations (Classical Criminology and neo – classical Criminology); and Positivist Criminology.  Classical Criminology developed during the mid 18 th century and was based on the utilitarian Philosophy. (Based on belief that actions are good if they are useful or benefit the greatest number of people). Criminal behaviour is said to be freely chosen.  The positivist school of thought arose as a result of failure of the classical theories. This school presumes that criminal behaviour is caused by internal and external factors outside the individual’s control. This school has attempted to find scientific objectivity for the measurement and quantification of criminal behaviour.  Positivism is a system of Philosophy based on things that can be seen or proved than on speculation.It has no possibility of doubt, and is clear and definite.  There are many theories based on the positivist criminology.

Biological Factors and Criminal Behaviour.  Role of genetic and inheritance.  Hormones.  Neurotransmitters.  Central Nervous System.  The Automatic Nervous system.  Environmentally induced components (drugs and alcohol)  Hypoglycemia.  Lead Exposure.  Head injury. P pregnancy and birth complications

 Physical appearance  Biological defectiveness and inferiority.  Physiognomy and phrenology (appearance of face and external shape of skull).  Body types,(large muscles, heavy chest) mesomorphy.  Intelligence theories Criminals less intelligent

 Personality of the offender  Psychological and psychiatric theories on criminal behaviour.  Psychoanalysis (past traumatic experiences)  Role of id, ego and superego.  Anti – social Personality disorder and sociopaths.  Personality profiling and predicting future dangerousness.  Role of impulsivity.  Crime and Economic conditions Relationship between crime rates, unemployment and economic inequality

 Anomie and modernization Anomie: “ means a condition or malaise in individuals characterized by an absence of or reduction of standards or values. It implies a social unrest or chaos”. The word comes from Greek” a” without and “nomos” law. Contempary English understanding of the word is “norm” and therefore “normlessness” to reflect a situation of anarchy.  Theorists used anomie to mean “ a rection against or a retreat from the regulatory Social controls of society”.  The role of modernization in criminal behaviour.  The Ecology of Crime: Chicago School  The contributions of environmental factors to crime.  Rapid shift of populations  Social disorganization  Immigration.  Opportunity.

Strain theories  Societal values and goals: wealth Acquisition  Goals more important than means ends justify the means.  Learning theories  Criminal behaviour is learned by association and experience.  Cultural and subcultural theories.  Control theories.  Crime result of break down or weakness of restraining factors.  “ Stakes in conformity” how much do you have to lose break the law (high or low stakes).  Social control theory  The role of social bonds in crime control.

Self – control theory  Low self control.  Ineffective child rearing.  Meaning of crime: Labeling Theory.  Labeling of others as criminals by the justice system.  Meaning of crime to the criminal – why do they do it? (For thrills, to escape controls imposed on them?)  Meaning of crime to the larger society social reaction.  State power and meaning of crime (control–ology) those who define others as criminals. (Power relations)  Conflicts Criminology.  Based on contrasting views of society: is it consensus or conflict? Conflict of conduct Norms: laws reflect Norms of dominant culture. Conflict of interests

 Critical criminology.  Challenges traditional theories.  Umbrella designation for Marxist, post modernist and feminist.  Argue that values cannot be separated from research agenda.  Research agenda needs to be a progressive agenda favouring disprivileged peoples. Marxism economic and social oppression unequal distribution of wealth.  Crime struggle against prevailing conditions.  Law instrument of ruling class control. Post modernism  Criminology is a linguistic construct.  Languages as a medium is not neutral dominate discourse.  Expose structures of dominance.  Listen to excluded views in the definition of criminal acts.

Feminism criminology  Most theories did not explain criminal behaviour of women and their treatment in justice system.  New studies to explain women and crime. Developmental criminology  Role of “life course” childhood to adulthood.  Career criminals.  Relationship between Age and Crime.  Role of development psychology: poor association and relationships. Integrated Theories The third area of focus of criminology -is the study or social responses to crime:

Penology  Penology from the latin “poena” which means punishment, is concerned with in depth examination of the formal institutions of criminal justice, (police, courts and corrections).  It is concerned with the processes devised and adopted for the punishment, repression and prevention of crime and the treatment of prisoner.  We will consider the philosophy of punishment and its goals, and ideology of imprisonment.  The final part of the course will be dedicated to discussion of selected issues in crime and crime control.  The suggested areas can be amended, expanded or new ones added as we go along and you are free to suggest areas of focus of interest to you.  The suggested areas are:  Crime and the Media  Bias in the Criminal Justice System  Crime, Culture and Community  White Collar and Corporate Crime.

 New ways to break the law: Cyber crime and the Politics of Hacking  Crime Statistics, Patterns, and Trends.  Youth Delinquency and gang culture  Female criminality  Globalisation and crime  Deviance and moral panics