Early Theories of Criminology

Early Theories of Criminology

• Prior to the 18th century, theories of crime were largely based on religious beliefs and superstition, attributing criminal behaviour to evil spirits and magic.
• People ascribed unusual natural phenomena to the actions of evil spirits.
• This led to the belief that any pathology in human behaviour was directly related to evil spirits.
• Judeo-Christian teachings offered two perspectives: Temptation (free will, temptation by the Devil) and Possession (wrongdoers possessed by evil spirits).
• During times of social upheaval, religious and political elites blamed social problems on evil spirits in an attempt to control rebellion.
• Drawing and quartering was a common, brutal punishment during the Middle Ages.
• Witches were scapegoats. The accused were mostly women, particularly those economically independent and not protected by a male. Their presence threatened male-dominated power structures in communities.
• Thousands of people were executed for witchcraft between the 15th and 17th centuries.

Pre-18th Century Critique

• The scientific revolution during the Enlightenment brought about a change in thinking. The focus shifted from religious superstition to naturalistic explanations based on reason and observation.
• Enlightenment philosophers argued that society is composed of free and rational human beings. This led to calls for more individual rights and freedoms, and the social contract notion: Individuals willingly give up some freedoms for a safer society, and the state has to ensure the safety of all citizens without violating their rights.

Classical School

• The Classical school is considered the first formal school of criminology.
• It emerged in the 18th and early 19th centuries, leading to reforms in the justice system and prisons.
• Cesare Beccaria, in his "Essay on Crime and Punishments" (1764), highlighted the cruelty, inhumanity, and arbitrariness of the existing justice system in England (350 capital offences!).
• He argued for a more humane and proportional punishment that fit the crime.

Classical Theory of Crime

• People voluntarily enter into a social contract with the state, giving up some freedom for a safer society.
• The state must provide security without abridging citizens' rights.
• Citizens are expected to obey the laws, and face punishment from the state for violations.
• Crime is a rational decision to advance personal interests.
• The purpose of punishments is to deter individuals from committing crime based on the consequences of their actions.

Classical Theory Principles

• Justice should not be excessive or unfair; punishment should fit the crime and social consequences
• Effective deterrents require severe, swift, and certain punishment that exceed the potential gains from crime.

Specific Classical School Reforms

• People should no longer be executed for minor offences.
• Criminal matters should be dealt with in public courts according to the dictates of the law.
• Laws should be clear and accessible to all.
• Lawmaking power of the legislature should be separate from the role of judges.

The Classical School: Assessing the Contributions

• These reforms provided a foundation for progressive criminal law and justice systems in Canada and other countries.
• Emphasis on equality before the law, rights of citizens, and establishment of fixed penalties.

Limitations of the Classical School

• Equal punishments for the same crime did not allow for flexibility or consideration of the offender's circumstances or motives.
• Judges had no discretion to individualize penalties; the same penalty would be applied to both a wealthy individual and a poor individual who committed the same criminal act.

Neoclassical School

• Neoclassical criminologists sought flexibility within existing rigid justice systems.
• Considered individual factors (for example, age, socio-economic status, mental competence), mitigating circumstances, and motives.

Statistical School

• The Statistical school emerged in the first half of the 19th century, using statistics to study crime and social issues.
• It associated with positivism, attributing crime to natural causes, and rejected the Classical school's notion of free will and rationality.
• Crime was viewed as the result of social factors (poverty, population density, inequality).
• Scholars gathered data to provide insights into the risk for crime.
• The regularity of crime over time and space suggested the involvement of social forces.
• Social circumstances have a bearing on choices and behaviours.

Lombroso and the Positive School

• Lombroso used the scientific method to compare criminals and non-criminals.
• He attributed crime to biological factors ("atavistic" tendencies), suggesting that criminals were less evolved than non-criminals.
• Lombroso's observations used flawed methodology; the comparison groups were unsystematic.
• His work influenced the use of stigmata to categorize criminals (physical traits) - epileptics, criminals of passion, criminaloids, etc.

The Positive School: Impact/Critique

• Although Lombroso's biological theories were flawed and discredited, the Positive School's focus on scientific methods and consideration of individual differences laid the groundwork for probation, parole, indeterminate sentences, and consideration of mitigating circumstances.
• Later researchers, such as scientists Charles Goring and Earnest Hooton, also identified physical characteristics and traits (e.g., social classes, lower intelligence) that were associated with committing criminal acts.

Crime and Physical Characteristics and Intelligence: Critiques

• The studies involving physical characteristics and intelligence were primarily flawed by unscientific methodologies, inaccurate measures, and a lack of proper controls.
• Often, criminals were solely evaluated within a prison environment, neglecting the role of social factors affecting behaviour or lack of access to proper controls.
• Nevertheless, the poor methodology, assumptions, and prejudices of these theories led to policies that were unethical and discriminatory, such as the eugenics movement.