Chapter 2 - the search for the criminal man PDF

Preview

Summary

summaries theorists:
Beccaria, Lombroso, Ferri and Garofolo
covers classicist thinking
notes on positivist school and strengths and weaknesses ...

Description

The Search for the “Criminal Man”

Cesare Lombroso (1836-1909) Often called “the father of modern criminology” -

The search for reason behind criminal behaviour is difficulty because we must guard against our biases, prejudices and perceptions Many theories of crime have been criticised for having ‘blind spots’ Unfortunately, these ‘blind spots’ have often given justification to undesirable criminal justice policies Compurgation was a means of determining guilt – this allowed the accused to have reputable people swear an oath to their innocence – this was bases on the belief that nobody would lie under oath because they would fear God’s punishment

The Classical School: Criminal as Calculator -

-

The most important feature of the classical school of thought is its prominent emphasis on the fact that individual criminals are capable of calculating what he or she wants to do This was supported by the philosophy that humans have free will Ignored morals, mentally ill etc Individuals were guided by a pain-and-pleasure principle by which they could calculate the risks and rewards involved in their (criminal) actions The scholar identified as the leader of classical school of criminology is CESARE BECCARIA (1738-1794) He connected 18th century ideas of democratic liberalism and connected them to criminal justice His book: On Crimes and Punishments Believed that is it better to prevent crime than punish those who commit them Punishment should be swift, certain and proportionate Not the only scholar of his time to consider this – JEREMY BENTHAM (1748-1832), argued that punishment should be a deterrent, he too explained criminal behaviour as the result of freewill and a ‘hedonistic calculus’

The Positivist School: Criminal as Determined -

The most significant difference between the classicist and the positivist school is that the positivist school determined that crime was determined from several factors 19th century positivists wanted proof that crime resulted from features of an individual (originally biological, later turned to sociological positivism) Early examples in literature connected beauty to good and ugliness to evil

The Birth of the Positivist School: Lombroso’s Theory of the Criminal Man -

Was inspired by Darwin and his books “Origin of Species”, “The Descent of Man” and “The Expressions of the Emotions in Man and Animals” Lombroso disagreed with free will philosophy He developed the idea that diseases contributed to physical and mental deficiencies Lombroso characterised the practise of tattooing as behaviour of those that were criminal

Lombroso put criminals into four categories 1) born criminals (or people with atavistic characteristics) 2) insane criminals (these included idiots, epileptics, alcoholics) 3) occasional criminals (people who commit crime through opportunity although they do have traits that predispose them to be a criminal) 4) criminals of passion (people compelled by “irresistible force” – those who commit crime because of anger, love or honour)

Lombroso’s Legacy: The Italian Criminological tradition -

-

-

Lombroso’s positivism was continued by ENRICO FERRI (1856-1929) Ferri became one of he most influential criminological figures in the history of criminology His Book: The Theory of Imputability and the Denial of Free Will (published when he was only 21) Unlike Lombroso, Ferri gave more emphasis to the social, economic, and political factors that contribute to crime (not just biological) He argued that criminality should be studied by investigating the interactive effects of physical factors (race, geography), and social factors (population, religion), individual factors (age, gender). Ferri was also a political activist He believed that individuals must be legally responsible for their actions instead of only being responsibly and morally held in account by God Added, (5) class of criminal – the habitual criminal – who gained the habit from his or her social environment After Lombroso and Ferri, RAFFAELE GAROFOLO (1852-1934) was the last major contributor to the Italian School of Criminology (the Positivist School) Unlike Lombroso’s emphasis of criminals with abnormal biological features. Unlike Ferri’s emphasis on social reforms as a defence against crime. Garofolo is known for his want and pursuit of practical solutions to problems in the legal institutions. Garofolo’s theories were consistent with social Darwinism. He argued that crime is an offence “against the law of nature”

-

Book: Criminology He addressed the problems of punishment and penal policies He had four classes of criminals - which all lacked something (drawing on Lombroso’s genetic biological positivism)

1) Violent Criminals - Lacking in pity – Murderers – people who would kill when given opportunity 2) Thieves – lack of probity – not caring what was right 3) Cynics or sexual criminals (some of whom fell into violent criminals) – lacked pity 4) other criminals (lack of moral energy)

-

The deaths of criminals would contribute to the survival of society (Darwinism) Garofolo and Ferri’s work was accepted by Mussolini’s regime Willing to sacrifice individual rights – society had supremacy over individuals Goring concluded that there was no difference between the physicality of non-criminals and criminals (1913 study of 3,000 English prisoners and a group on non-convicted males)...