Criminal Theory Schools Overview

Pre-Classical School

• This school of thought thrived during the 17th and 18th centuries when religious explanations dominated.
• It believed in the influence of evil powers controlling individuals and causing them to lose their sense of morality, leading to criminal behavior.
• Proposed extreme torture as a punishment for criminals.

Classical School

• Proposed by Cesare Beccaria in the 18th century.
• Emphasized free will and determinism, suggesting criminals choose to commit crimes based on maximizing pleasure and minimizing pain.
• Advocated for proportionate punishment matching the severity of the crime.
• Criticized for ignoring individual differences between first-time and habitual offenders.

Neo-Classical School

• An extension of the Classical School, supported by Prof. Gillin.
• Acknowledged the need for varied sentencing based on individual factors like age, sex, and mental conditions.
• Recognized the importance of individual circumstances and mental state when judging crime.
• Divided offenders into categories (first offender, habitual offender, minor, insane, etc.) and called for punishment based on an individual's mental capacity.
• Criticized for focusing solely on punishment and neglecting the reformation of offenders.

Positivist School

• Emerged in the 19th century, also known as the Italian School.
• Rejected the free will theory and emphasized biological factors as the root cause of crime.
• Focused on the connection between criminality and the physical structure and functioning of the brain.

Cesare Lombroso’s Theory

• Considered the father of modern criminology, he proposed that criminals are born with innate tendencies for criminal behavior.
• Believed criminals were physically inferior and less sensitive to pain, leading them to disregard the suffering of others.
• Categorized criminals into:
  • Born criminals: Individuals with genetically inherited criminal tendencies.
  • Insane criminals: Offenders with mental impairments, unable to comprehend right from wrong.
  • Criminoids: Criminals with biological inferiority complexes.

Enrico Ferri’s Theory

• Challenged Lombroso's solely biological explanations, proposing a combination of factors like emotional reactions, social conditions, and geographical factors contribute to criminality.
• Argued that crime is a complex consequence of three factors:
  • Physical or geographical: Environment plays a role.
  • Anthropological: Biological factors are important.
  • Psychological or social: Mental and societal factors also contribute.
• Emphasized the role of rapid social change in causing social disorganization and crime.
• Classified criminals into:
  • Born criminal
  • Occasional criminal: Criminals who commit crimes due to specific circumstances.
  • Passionate criminal: Those who commit crimes under the influence of intense emotions.
  • Insane criminal
  • Habitual criminal: Individuals who repeatedly commit crimes.

Raffaele Garofalo’s Theory

• Focused on the environment and living conditions of criminals.
• Believed criminality is influenced by an individual's surroundings.
• Categorized criminals into:
  • Endemic criminals: Offenders who commit murder.
  • Violent criminals: Impulsive criminals easily influenced by others, prone to aggression.
  • Criminals lacking in sentiment of probity: Individuals lacking emotional sensibility.
  • Lustful criminals: Offenders who commit rape.

Clinical School

• Developed with advancements in psychology, placing emphasis on the emotional aspects of human behavior.
• Acknowledged a combination of internal and external factors influencing an individual's personality.
• Suggested that punishment should be tailored to the individual's personality and background.
• Advocated for correctional approaches for individuals with social disadvantages.

Sociological School

• Recognized the influence of the social environment on criminality.
• Highlighted factors like mobility, culture, religion, economics, political ideologies, population density, and employment as major influences.
• Based on Sutherland's Differential Association Theory, criminality is learned through interactions with others, primarily within close groups.
• Argued for more humane treatment of offenders, promoting persuasive methods over punishment.

Sutherland’s Theory/Model

• Explains how individuals learn criminal behavior through interactions with others who endorse criminal values and attitudes.
• Focuses on the learning process rather than the underlying reasons for criminal behavior.
• Highlights the importance of associations with others in shaping an individual's criminal tendencies.
• Outlines nine crucial factors influencing criminal behavior:
  • Criminal behavior is learned through interactions.
  • Learning occurs mainly through communication within intimate groups.
  • Learning includes techniques, motives, and attitudes towards criminal behavior.
  • Criminal motives arise from interpreting legal norms favorably or unfavorably.
  • Individuals become criminal when definitions favoring law violation outweigh those against it.
  • The intensity, frequency, duration, priority, and strength of associations influence learning.
  • Criminal behavior is learned through observation and imitation.
  • Criminal behavior expresses general needs and values, but it is not entirely determined by them.
  • There is no inherent distinction between criminal and non-criminal behavior, anyone can potentially become criminal.