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Schools of Criminology
By Waseem I. khan Assistant Professor Shri Shivaji Law College, Parbhani, Maharashtra contact:
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Introduction In primitive societies human thinking was predominated by religious beliefs. All human relations were regulated by myth (religious story) and superstitions. Less attention was given to the motive and environment and psychology of the offender. This situation prevailed until the end of 17th century. Thereafter with the change of human thinking people devoted their attention to analysis of crime causation. This led to emergence of schools of criminology.
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Pre-classical School The dominance of religion in the state activities was the chief characteristics of that time. The concept of divine right of the king. The concept of crime was not clear. The man by nature is simple and his action are controlled by some super power. The man commits crime due to the influence of some external spirit called demon or devil spirit. No attempt was made to investigate the real cause of crime. Worship, sacrifice and ordeals by fire and water were prescribed to specify the spirit. Trial by battle was common mode of deciding the fate of the criminal.
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Pre-classical School Continues….
The right of society to punish the offender was however well recognized. The offender was regarded as immoral person who could be cured only by torture and pain. The roman law completely ignored the system of ordeals.
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The Classical School During the middle of 18th century Beccaria the pioneer of modern criminology expounded the classical school of criminology by rejecting the concept of evil spirit. He attributed crime to the free will of the individual. He was much influenced by the utilitarian theory of pain and pleasure. People can understand the difference between right and wrong and can choose to commit crime or to follow the law. Punishment should fit the crime without regard to individual difference. Punishment should be awarded keeping in view the pleasure derived by the criminal from the crime and the pain caused to the victim from it.
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The Classical School Continues…
By bearing the punishment the criminal becomes a free man as by paying the penalty he repurchases his freedom.
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Neo Classical School The thinkers of this school criticized the classical school because it fails to maintain the difference between first offender and habitual offender. It suggests that certain categories of offender such as minor, idiot, insane had to be treated leniently in matter of punishment. These person are incapable of appreciating the difference between right ad wrong. Neo classist were the first who bring out the distinction between first offender and habitual offender. But they believed that all the criminal should be kept away from the society.
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Positive School Cesare Lombrosso (1835 to 1909).
Lombrosso was an Italian criminologist and founder of the positive school. He was educated in medicine and became a specialist in psychiatry. He worked in military for handling the mentally afflicted soldiers. His first published work was the criminal man. He studied 383 skull and 5907 body of person and classified criminal into 1) Born criminal 2) Insane criminal 3) Occasional criminal 4) habitual criminal.
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Born Criminals Sloping Forehead Bushy Eyebrows
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Born Criminals Crooked Nose Shifty Eyes
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Born Criminals Asymmetry of Face Attached Earlobes
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Born Criminals Bump on Head Excessive Wrinkles on skin
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Born Criminals Unusual Size of Head Arm Span Greater than Height
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Born Criminals Scanty Beard Baldness
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Born Criminals Long Lower Jaw Supernumerary Fingers
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Insane criminal Who resorted to criminality on account of certain mental depravity or disorder. E.g. kleptomaniac. Kleptomania means as an irresistible urge to steal items of less value such as pens, paper, clips.
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kleptomaniac.
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Alcoholic,
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Occasional Criminal Pseudo Criminal.
Who is not really a criminal by nature or by choice but due to force of circumstances they commits crime. B) Criminaloids. Who were physical criminal type and had tendency to commit crime in order to overcome their inferiority or in order to meet the needs of survival.
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Habitual Offender Does not suffer from abnormal heredity.
He is normal by birth, several environmental factors e.g. faulty child hood habit misery at home desertion by parents
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Criticism on Lombrosso Born Criminal Theory
Not having examined non criminal, how he can come to conclusion that the criminal are born criminal. The lombrossian school by shifting attention from crime as a social phenomenon to crime as an individual phenomenon delayed fifty year work. Lombrosso after further research and in the wake of heavy criticism himself admitted that two criminal out of three environmental factors may be responsible.
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Enrico Ferri ( ) Ferri found that geographical, psychological, social and economical factors are important aspects. Criminal is not born criminal yet there are several deformities or anomalies right from birth which if not eradicated by treatment may lead to crime. Crime is the synthetic product of three main factors. Physical or geographical; Anthropological; Psychological or social. He firmly believed that a criminal is a creature of his own environment.
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Enrico Ferri (1856-1928) He classified criminal into five.
Insane criminal; Born criminal; Habitual criminal; Occasional criminal; Criminal by passion. Criminals by passion are those who involve in commission of crime due to impulse, anger or jealousy and feel repentance in future.
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The social, economic factor according to Ferri consist of,
Density of population Public opinion Religion Family circumstances Industrial pursuit The system of education,, alcoholism, economic and political condition, public administration and justice and police.
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Raffaele Garofalo He firmly believes that a criminal is a creature of his own environment. Garofalo define crime as an act which offends the sentiments of pity and probity (honesty) possessed by an average person and which are injurious to the society. He rejected Ferris classification and placed offender into four main categories, namely. Murderers whom he called endemic criminals. Violent criminals who are affected by environmental influence. Criminals lacking in sentiments of honesty are thief. Lustful criminal who commits crimes against chastity.
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Raffaele Garofalo Garofalo recommended death, imprisonment for life or transportation and reparation as three modes of punishment for criminals. The motive that moved the offender to commit the crime, discover the motive and give such treatment as will tend to change that motive. Garofalo suggest if the prisoner has taken the property of another, part of the punishment consist of restoration of the property, otherwise hard penal labour. If he desert family let him be compelled to support them by building roads or performing other work. He was greatly influenced by theory of Darwin, fittest have the right to survive.
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Gabriel Trade He pointed out that law of imitation was responsible for the incidence of crime. The members of the society are eager to follow the behavior of their associates. Subordinate or inferior member, have a tendency to follow the ways of their superior just as the children follow their parents.
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Trades crime like other social phenomenon starts as fashion and becomes a customs.
He classified criminal into urban and rural types. Crime in urban area are more serious in nature than those of rural places. The beginner have a tendency to follow the acts of habitual criminals. The impact of movie, cinema and television is so great on teen agers that it turn their mind and action which makes them delinquents.
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Sociological School The Social School focused on the social factor as the only origin of crime ,according to this theory the crime is a definite result of the social factor alone. Social School thinkers, Colayanni , Donald Taft, Edwin Sutherland . 1: - Colayanni's theory: In his point of view even the personal psychological factor of crime is a result of the social conditions, which surrounded the life of the criminal especially from the economic perspective. Criminal can be corrected by the elimination of the bad material conditions which surround his life.
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Sociological School 2:- Donald Taft's theory :
Donald Taft was an American criminologist , he wrote his book on criminology in , and published it in New York. In Donald Taft point of view the criminal is produced by the society itself, and that heredity is not a part in the genesis of crime. The person looks like the raw material that is shaped by his life since his birth, and the delinquency is a result of the corrupted environment which he was born and grew, namely to the social factor alone.
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Sociological School 3- Sutherland's theory :
In Sutherland point of view the criminal learnt the crime aspects from a certain social group. The elements of Sutherland’s theory are summarized in nine propositions: (1) Criminal behavior is learned. (2) Criminal behavior is learned in interaction with other persons in a process of communication. (3) The principal part of the learning of criminal behavior occurs within intimate personal groups.
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Sociological School (4) The learning of criminal behavior includes (a) techniques of committing a crime, (b) the specific direction of motives, drives, rationalization, and attitudes. (5) The specific direction of motives, drives, etc. is learned from definitions of the legal codes as favorable or unfavorable. (6) A person becomes delinquent because of an excess of definitions favorable to violation of law over definitions unfavorable to violation law. (This is the principle of differential association). (7) Differential association may vary in frequency, duration, priority, and intensity.
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Sociological School (8) The process of learning criminal behavior by association with criminal and anti- criminal patterns involves all of the mechanisms that all involved in any other learning. (9) Although criminal behavior is an expression of general needs and values, it is not explained by these needs and values, since non-criminal behavior is an expression of same needs and values.
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Ecological/Cartographic School
Adolph Quetelet and A. M. Guerry were the leader of this school. Crime as the expression of the environmental influence. Unfavorable social condition may be responsible for criminality. Social environment is the heat in which the criminality breeds. Crime against person were more prevalent in warm climate and crime against property more numerous in cold climate. Criticism that two person born in the ideal environment, one may become good another may be bad.
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Clinical School Prof. Gillin was the founder of this school.
Clinical school suggest that the criminal who do not respond favorably to the correctional methods must be punished with imprisonment or transportation for life. Those who are merely a victim of social condition should be subjected to correctional method such as probation, parole and open air camps. Briefly speaking individualization has become the fundamental principle of penal policy in modern penology. Main theme of this school is that personality of man is a combination of internal and external factors, therefore punishment should depend upon personality of the offender.
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