Classical School of Criminology

Study Notes

Classical School of Criminology

Emerged in the 18th and 19th centuries, focusing on crime and punishment.
Key thinkers: Cesare Beccaria and Jeremy Bentham.
Emphasized that criminal behavior results from human nature, advocating for clear laws and punishments.
A well-ordered state promotes understanding of self-interest in non-criminal behavior.

Key Philosophies

Utilitarian Hedonism: Proposed by Beccaria and Bentham; individuals seek pleasure and avoid pain.
Beccaria's book "Essay on Crimes and Punishment" argued against the use of torture for confessions.
Classical school views humans as moral beings with absolute free will, making them responsible for their actions.
Beccaria argued punishment should be sufficient to deter criminal acts through rational choice.

Positivist/Italian School of Criminology

Focused on scientific treatment of criminals rather than penalties after conviction.
Viewed crime as a natural phenomenon akin to disasters, different from classical thought on choice.
Proposed that serious crimes were committed by "primitive" or "atavistic" individuals lacking full civil evolution.
Notable figures: Cesare Lombroso, Enrico Ferri, Raffaele Garofalo.

Cesare Lombroso

Founder of the positivist school, known as the “Father of Modern Criminology.”
Authored "Crime: Its Causes and Remedies" advocating for scientific study of offenders.
Classifications of criminals:
- Criminoloid: Less physical stamina/self-control.
- Occasional Criminal: Acts under insignificant pressure.
- Pseudo Criminal: Crimes committed in self-defense.
- Born Criminal: Inherited criminal behavior.
- Criminal by Passion: Driven by strong emotions.
- Insane Criminals: Driven by psychological disorders.

Enrico Ferri

Key associate of Lombroso, parliamentarian with a focus on biological bases of crime.
Emphasized social, economic, and political determinants in criminal behavior.
Criticized classical free will doctrine; believed external conditions largely drive criminal behavior.
Advocated for preventive measures based on scientific methods to decrease crime.

Raffaele Garofalo

Follower of Lombroso; rejected the free will doctrine.
Studied crime through scientific methods, influenced by Lombroso’s atavistic stigmata.
Linked criminal behavior to “moral anomalies,” reflecting psychological issues.
Types of criminals identified by Garofalo:
- Murderers: Motivated by vengeance.
- Violent Criminals: Engage in serious offenses.
- Deficient Criminals: Target property.
- Lascivious Criminals: Offenses against chastity.

Other Advocates of Positivist Criminology

Gabriel Tarde: Developed early sociological theories of crime.
Argued against Lombrosian biological abnormality; viewed criminals as normal individuals who learn criminal behavior.
Formulated the “laws of imitation,” suggesting individuals emulate behaviors, similar to adopting fashion styles.

Conclusion

The evolution from classical to positivist perspectives represents a shift from free will and punishment to a focus on scientific analysis of the factors influencing criminal behavior.

Description

Explore the foundational principles of the Classical School of Criminology, which emerged in the 18th and 19th centuries. Delve into the ideas presented by key figures such as Cesare Beccaria and Jeremy Bentham, who argued that criminal behavior is a product of human nature and emphasize the importance of rational laws and punishments.