Classical Criminology PDF

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Summary

This set of notes includes an introduction to Criminal theory, mainly focussing on the roots of criminology and classical tradition. Brief notes on the Classical school of criminology, the enlightenment and classical criminology.
This goes onto the principles of a modern system of justice and ...

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Introduction to Criminal Theory

4.10.16

Roots of Criminology/Classical Tradition Classical School of Criminology (18th Century) The Enlightenment: Group of philosophers 3 waves: - Mid - Late 17th Century: Locke - Early 18th Century: Hume - Mid-18th Century: Kant Radical new ideas: - Anti-clericalism: oppose the right of the church and organised religion to tell us how we should live our lives. Shouldn’t legislate on good/bad etc. They did this because they believe the authority of the church (roman catholic) was being used to reinforce superstition and irrational ideas. Sanctified the rule of Kings (given by God) Enemy of reason, freedom and individualism - Rationalism: The idea that knowledge should be based on observation, experimentation (testing) and induction (testing of theory through observation). Not knowledge if it’s based upon faith Set itself in opposition to religious knowledge - Legal and Constitutional Reform (Rousseau’s ‘social contract’ 1752): Political movement, to abolish power of monarchy, popes, clergy and nobles. Based on the idea of the social contract: (Rousseau’s ‘social contract’ 1752):The idea that the authority of the rulers is legitimate/right only under certain conditions. If those rulers use those powers to safeguard our liberties. If failed to meet obligations to the people (liberties) the people have the right to remove it. Revolution. Why Enlightenment ideas important for criminology? Because Enlightenment thinkers were the first people to see society as something you can study/explore/investigate/research. Understand rationally. Seen as having objective natural causes Marks the beginning of scientific approach to understanding rather than religious. Knowledge of the social world could be used to reform existing society and to engineer new society that maximises rationality. Classical Criminology: Cesare Beccaria (1738-94) First natural, secular explanation of crime. Prior explanation was spiritualism; based on the idea that the world is governed by the supernatural. The whole of existence is governed by the conflict of goodness (God) and Evil (Satan). Explained things that went wrong as punishments by God Criminals possessed by Evil spirits of demonology (held by Egyptians, Greeks, Romans) High point in feudalism - Spiritualistic beliefs were integral/fundamental to criminal justice methods. Used to combat crime, for example: - Trial by combat: The victim of a crime/victim’s family to combat offender/offender representative; believed that victory would go to the innocent if believed and trusted in God.

- Trial by ordeal: The accused subjected to life threating/physical experiences (huge stones placed on top of them) If innocent God would prevent you from being crushed, if guilty stones would crush them. (Trial by ordeal: water: tied and thrown into water) - Compurgation: Have respected member of their community (cleric/Lord) to swear under oath that this person didn’t commit crime (accepted as true) no one under oath would lie due to fear of God’s wrath. Challenged for the first time by Classical Criminology based on the Enlightenment. Developed Natural explanations of crime – give natural/secular causes to human behaviour. System of justice changes with explanation. Classical School Explanations: Humans governed by two natural impulses: - Impulse of mind or reason: Defined as being rational/moral beings. (reason = morality) - Impulse of Passion: animal side, connects us to animal world (passion = egoism/egoistic) Pleasure seeking/selfish Human nature is homo duplex: has two sides People who break the law aren’t doing the devils work, rather criminals are individuals who have allowed their animal/passion side to govern their reason/morals. Decided voluntarily to break the law. Gives us a blueprint for a new kind of criminal justice system. We can choose to reign in passion impulse: role of criminal justice is to make sure the punishments for crime outweighs the benefits. Penalty of crime outweighs benefits Efficient and just system to conform with reason Principles of a modern system of justice: -

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Should be based on the social contract (explained further up) does this through the criminal justice system. Law and criminal justice must be based on social contract to be legitimate, based on interests of the people not the rulers. Minimal law and punishment: Restrict laws/punishments. Should only have laws to stop harming each other, and respect individual liberties. Presumption of innocence: Has to establish innocence of person unless reasonable doubt Codified statutes: Full criminal code which is written down. Offence and punishment written down to people to see if liberties are being upheld and protected. Retribution: Just that the community should retaliate: if they don’t there would be vigilantes Utility: severity should be limited, shouldn’t go beyond what is necessary but should be compensatory. Equivalence: Punishment should fit the crime not the person (theft = fine) (violence = imprisonment) Equality: Irrespective of your traits, all criminal acts treated the same. Efficiency: Punishment should be a certainty and inflicted quality and every time. Otherwise deterrence effect wouldn’t work. Indiviual Culpability: Not to make an example of people, shouldn’t be used to reform. Not judging induvial case fairly. Crime is a freewill choice – shouldn’t consider litigation/reform.

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Crime prevention: Crimes should be suitably harsh to prevent them from being committed again.

Evaluation: - Over simple understanding of deviant motives - Non-diagnosis of social roots of crime - all about individuals not about social (poverty etc.) refused to blame social instead morally wicked individuals...