School of thought in Criminology Part 2

Positivist Criminology

• Focuses on scientific methods and empirical evidence to understand crime and criminal behavior.
• Considers biological, psychological, and sociological factors as influences on criminal actions.

Father of Criminology

• Cesare Lombroso is regarded as the 'father of criminology,' known for his biological theories of crime.

Classical School Principles

• The main principle guiding the administration of justice is the idea of rationality, where punishment is proportionate to the crime and deterrence is emphasized.

Due Process Model

• Emphasizes the protection of individual rights and ensuring fair treatment throughout the criminal justice process.

Criticism of the Classical School

• Major criticism includes its assumption that individuals are rational actors, ignoring social and environmental factors that influence behavior.

Crime Control Model vs. Due Process Model

• Crime control model is described as a "speeding train," focused on efficiency and swift justice, while the due process model is likened to a "constitutional road," ensuring rights and fairness.

Focus of the Positivistic School

• Focuses on understanding the underlying factors and causes of criminal behavior rather than just punishment.

Characteristics of Positivist Thought

• Primary characteristic is the belief in determining human behavior through empirical research and observable facts.

Premise of the Positivist School

• Premise is that social factors, biology, and psychological conditions contribute to criminal behavior.

Criticism of Classical Justice Approach

• Criticized for its lack of consideration of the social and contextual influences on individual behavior.

Problem with the French Code of 1791

• The major problem was its rigid structure that failed to account for individual circumstances and social contexts.

Neoclassical School Response

• Responded to practical issues in administration of justice by advocating for discretion in legal processes and recognizing mitigating circumstances.

Critical Criminology on Crime Rates

• Argues that crime rates do not accurately reflect actual criminality due to factors like underreporting and social stigma.

Edwin Sutherland's Observation

• Observed that individuals engaging in harmful behavior often faced less social condemnation than conventional criminals.

Corporate Behavior Export

• Corporations often export illegal behavior to regions with lax enforcement of laws to maximize profit and reduce legal risks.

Assumptions of Positivist Orientation

• Three assumptions include that human behavior is determined by factors beyond control, some individuals are more prone to criminal behavior, and crime can be studied scientifically.

Individual Positivism vs. Sociological Positivism

• Individual positivism focuses on the characteristics of the individual criminal, while sociological positivism examines the societal context influencing crime.

Limitations of Positivist Approach

• Limitations include potential neglect of free will, over-reliance on biological determinism, and insufficient consideration of cultural variances.

Oppressive Social Relations

• Critical criminology posits that marginalized groups, such as the poor and racial minorities, are most likely to experience oppressive social relations.

Earlier Criminology Criticism

• Critical criminologists criticize earlier forms for their failure to address power inequalities and the socio-economic factors influencing crime.

Cohen's Argument on Deviant Adolescents

• Argues that behaviors labeled as deviant may stem from societal rejection and structural inequalities rather than inherent deviance.

Cost of Crime

• Suggests white-collar crime costs society more than youth offending due to its extensive financial and social impacts.

White Collar Crime Combat

• One reason for less effective combatting of white-collar crime is the complexity of financial practices and lack of public awareness.

White Collar Crime Examples

• Specific examples of white-collar crime include fraud, embezzlement, and insider trading.

Benefits for Perpetrators

• Powerful perpetrators stand to gain financial advantages and maintain social status through white-collar crime.

Non-Criminalized Activities

• Some questionable activities remain non-criminalized due to lack of political will or established norms favoring the status quo.

Youth Offending and Moral Panic

• Youth offending triggers societal condemnation and moral panic due to perceptions of vulnerability and threat to societal order.

Consequences of White Collar Crime

• One consequence includes significant economic harm to victims, eroding trust in financial institutions and broader social systems.

Understanding of White Collar Crime

• Generally less understood due to its complex nature and prevalence in high-status contexts, which makes it less visible compared to conventional crime.