Early Theories Of Criminology PDF

Chapter 8 Early Theories of Criminology by Tullio Caputo Carleton University and...

Chapter 8 Early Theories of Criminology by Tullio Caputo Carleton University and Rick Linden University of Manitoba Slides Prepared by Stephen Schneider Saint Mary’s University Copyright © 2020 by Top Hat 8-1 Learning Objectives Discuss the context in which modern explanations of crime and criminality were developed. Identify the founders of the Classical School, the key principles of this approach, and the impact of this school on our legal system. Outline the criticisms of the Classical school and the changes in the legal process that were influenced by the Positive criminologists. Copyright © 2020 by Top Hat 8-2 Learning Objectives (cont.) Describe the basic features of the Positive School and outline its approach and key principles. Show how the ideas advanced by the Positive School influenced other researchers to search for the biological causes of crime. Discuss how biological explanations of criminality influenced the development of this field at the beginning of the 20th century. Copyright © 2020 by Top Hat 8-3 Prior to the 18th Century Theories of Crime Theories of crime were inspired by religious beliefs and superstition: There was widespread belief in evil spirits and magic. People ascribed various unusual phenomena of nature to the activities of evil spirits. This led to the belief that any pathology in human behaviour must also be due to evil spirits. Copyright © 2020 by Top Hat 8-4 Pre-18th Century Theories of Crime Judeo-Christian teachings offer two explanations for the role evil spirits play in sinful behaviour: 1. Temptation Humans have free will and can choose their behaviour. However, the Devil tempts; believers are told they can resist the Devil through their faith. Those who are sinful are weak and morally inferior. 2. Possession Wrongdoers (offenders, criminals, law breakers)are possessed by evil spirits. These unfortunate individuals were thought to have little hope of recovering and were treated quite harshly A host of horrifying tortures were used to drive the evil spirits from their bodies, Evidence of guilt determined through trials (battle, fire, etc) is intended to differentiate between the righteous and the sinner. Severe and often fatal methods used to rid a person of such spirits. Copyright © 2020 by Top Hat 8-5 Pre-18th Century Theories of Crime Religious and political elites sought to silence rebellious people in times of social upheaval. Blaming social problems on the Devil and other evil spirits was a means to achieve two objectives: 1. It diverted attention from the failings of elites and placed blame on individuals who were “possessed” by the Devil. 2. Those in power made themselves indispensable by saying only they could stop the Devil. Copyright © 2020 by Top Hat 8-6 Pre-18th Century Theories of Crime Copyright © 2020 by Top Hat 8-7 Pre-Eighteenth Century Theories of Crime Witches became a scapegoat for anger: The accused were mostly women, especially economically independent women not protected by a male. Their presence in a community disrupted and threatened the male-dominated power structures. Charges of witchcraft and public executions reasserted the authority of male leaders. Copyright © 2020 by Top Hat 8-8 Pre-Eighteenth Century Theories of Crime Copyright © 2020 by Top Hat 8-9 Pre-18th Century Theories of Crime The scientific revolution brought during the Enlightenment caused a change in thinking. The focus was on systematic doubt, and empirical and sensory verification of ideas. Ideas shifted away from religious superstition to naturalistic explanation based on reason and the scientific method (observation). This prompted a more scientific approach to understanding crime and criminal behaviour. Copyright © 2020 by Top Hat 8-10 Pre-18th Century Theories of Crime Society is composed of free and rational human beings. This view lead to calls for more individual Enlightenme rights and freedoms. People enter into a social nt contract: they agree to give up philosophers some freedom for a safer ’ view of society. This contributed to the society movement throughout Europe to reform governance and criminal justice. Copyright © 2020 by Top Hat 8-11 The Classical School Copyright © 2020 by Top Hat 8-12 The Classical School Considered the first formal school of criminology. Associated with eighteenth- and early nineteenth- century reforms to the administration of justice and the prison system. Copyright © 2020 by Top Hat 8-13 The Classical School Beccaria summed up the ideas of the times in An Essay on Crime and Punishments (1764). Beccaria criticized the cruelty, inhumanity, and arbitrariness of the current justice system. In eighteenth-century England, as many as 350 offences were punishable by death. Beccaria helped focus the movement for humanitarian reform in Europe. Copyright © 2020 by Top Hat 8-14 The Classical Theory of Crime The roots of Classical theory lie in the Enlightenment. People voluntarily enter a social contract with the state: They would give up some freedom for a safer society. The state had to provide security but could not violate the rights of citizens. Citizens were required to obey the rules or face punishment from the state. Copyright © 2020 by Top Hat 8-15 The Classical Theory of Crime Reforms proposed People broke the law by the because they thought that Classical doing so would advance theorists their own interests. were based This theory was based on the assumption that people on radical are rational beings who new theory calculate the consequences of the of their actions causes of crime Copyright © 2020 by Top Hat 8-16 The Classical Theory of Crime Premise: people are rational thinkers who calculated the consequences of their behaviour. Thus, penalties will deter people from breaking the law. Copyright © 2020 by Top Hat 8-17 The Classical Theory of Crime Justice must not be excessive and unfair; punishment should fit the crime and be proportional to the harm done to society. This is most effective deterrent and the fairest way to punish; anything more would break the social contract. Punishment should be severe enough that it would cost individuals more than they could gain from crime. Punishment should be swift and certain. If punishment followed too long after the act, or if it was unlikely to happen at all, then the law would not be an effective deterrent to crime Copyright © 2020 by Top Hat 8-18 The Classical Theory of Crime Specific reforms: People were no longer executed for minor offences. Criminal matters should be dealt with in public according to the dictates of the law. Laws should be accessible to all (they should be clear and simple so people can understand them). The lawmaking power of the legislature should be separate from the role of judges. Laws were set by legislatures while judges determined guilt and administered punishment. Copyright © 2020 by Top Hat 8-19 Assessing the Contributions of the Classical School The Classical School and Legal Reform These reforms provided the foundation for progressive criminal law and the criminal justice system in Canada: Equality before the law Guarantee of one’s rights Establishment of fixed penalties Due process safeguards Separation of judicial and legislative systems Copyright © 2020 by Top Hat 8-20 Assessing the Contributions of the Classical School Limitations of the Classical School Equal punishments for the same crime did not Allow for flexibility, or Personal characteristics of the offender and the circumstances of the offence could not be considered when courts determined punishments Judges had no discretion: For example, the hardship that results from having to pay a $1,000 fine varies dramatically depending on whether a person is wealthy or poor. They could not individualize sentences to each offender’s circumstances (e.g., mental competence). Copyright © 2020 by Top Hat 8-21  Limitations of the Classical School Neoclassical Theory Changing this rigid system was one of the goals of Neoclassical criminologists Theorists sought more flexibility in the justice system, such as individualizing sentences to take into account the following: Offender characteristics (for example, age, socio-economic status) Mitigating circumstances (mental competence) Motive In France, judges were given more discretion Copyright © 2020 by Top Hat 8-22  The Statistical School: Social Structure and Crime Copyright © 2020 by Top Hat 8-23 The Statistical School The Statistical School arose in the first half of the 19th century: Used statistics to explore social issues Pursued a structural explanation of crime This school was associated with positivism: Crime was thought to be the result of natural causes to be discovered through scientific methods. However, they rejected Classical school ideas that people were rational beings. Instead, people’s behaviour, including criminality, is the result of a number of social conditions. Copyright © 2020 by Top Hat 8-24 The Statistical School Scholars gathered data to provide a critical and insightful perspective on the relationship between certain factors (for example, population density, education, poverty) and crime. The regularity of crime over time and space meant this pattern was the result of social forces. Study focused on structural features of society, such as inequalities. “rather than being the result of our individual free wills, [our behaviour] is the product of many forces that are external to us” People in unfavourable social circumstances have few options available to them. The school had limited influence at the time, but their work anticipated the later work of sociologists. Copyright © 2020 by Top Hat 8-25 Lombroso and the Positive School Copyright © 2020 by Top Hat 8-26 Lombroso and the Positive School Positive School Used the scientific method (controlled observation) to compare criminals and noncriminals. Crime was caused by biological factors beyond the individual’s control. These theories were accepted at the time, because They were scientific, and They blamed the individual, not society (unlike the Statistical school), which appealed to the ruling class. Copyright © 2020 by Top Hat 8-27 Lombroso and the Positive School He applied Lombroso Darwin’s They are born observed evolutionary criminals who physical theory to can be differences criminals who distinguished by between were deemed stigmata: the criminals and atavists (less physical signs of noncriminals. evolved, morally their atavism. inferior humans). Copyright © 2020 by Top Hat 8-28 Lombroso and the Positive School Different types of offenders had different stigmata. For example, robbers have small, shifting, quick-moving eyes. Women had fewer stigmata than men However, they were less criminal because of their maternal instincts, piety, and lack of passion. Offenders could be grouped into different categories. These included epileptics, the criminally insane, criminals of passion, and “criminaloids.” Copyright © 2020 by Top Hat 8-29 Lombroso and the Positive School 1.Epileptics. In addition to their medical condition, epileptics also had the atavistic characteristics of criminals. 2.Criminal insane. This was the category of those whose mental illness had led to their involvement in crime. 3.Criminals of passion. They committed crimes for “noble and powerful” motives such as love or politics. 4.Criminaloids. This was a grab-bag category, which included anyone who committed a crime but did not fall into one of the other classifications. Copyright © 2020 by Top Hat 8-30 Lombroso and the Positive School Copyright © 2020 by Top Hat 8-31 The Contribution of the Positive School Lombroso’s work attracted a large following and was applied in criminal trials. However, his scientific methodology was flawed: comparison groups were chosen unsystematically, Lombroso’s theory of criminal anthropology has not stood up to empirical test Measurements were often sloppy (disorganized), and He assumed those in prison were criminals (while free people were not). Copyright © 2020 by Top Hat 8-32 The Contribution of the Positive School Lombroso’s most lasting contribution was in relation to the criminal justice system. Classical theorists said punishment should fit the crime. Lombroso said punishment should fit the criminal. Because Lombroso believed that people became involved in criminality for different reasons, he felt they should be treated differently by the criminal justice system As such, he called for different treatment in the justice system for different kinds of criminals. Born criminals should be incarcerated to protect society. However, they should be treated leniently as they have no control over their behavior. Copyright © 2020 by Top Hat 8-33 The Contribution of the Positive School Positive Probation School’s Parole contribution Indeterminate to the sentences modern Mitigating CJS: circumstances Copyright © 2020 by Top Hat 8-34 Biological Theories in the Early Twentieth Century Copyright © 2020 by Top Hat 8-35 Crime and Physical Characteristics 1903: Dr. Charles Goring, compared “normal” males with English convicts: He found no evidence of a distinct physical type. However, criminals had lower intelligence. He theorized that the most important genetically transmitted trait for criminals was mental inferiority. His methods were flawed, because he selected criminals exclusively from prison. Still, In some respects, Goring’s research was a major advance over Lombroso’s. His measurement was far more precise, and he had access to statistical tools that were unavailable to Lombroso. Copyright © 2020 by Top Hat 8-36 Crime and Physical Characteristics 1930s: Hooton used same methodology with large samples of prisoners and others. Criminals were socially and biologically inferior to non- criminals. Some new stigmata (“low foreheads, high pinched nasal roots, nasal bridges and tips varying to both extremes of breadth and narrowness,” and “very small ears )differentiating criminals from others were found. He advocated for the segregation of “physically, mentally, and morally unfit individuals.” This gave rise to the eugenics movement. His work was discredited on scientific grounds. Copyright © 2020 by Top Hat 8-37 Crime and Physical Characteristics 1950s: Sheldon developed somatotype theory. He described three basic body types, which, he argued, were related to particular personalities and temperaments. 1. Endomorphs (fat, round bodies), who had easygoing personalities; 2. Ectomorphs (tall and lean), who had introverted personalities and nervous dispositions; and 3. Mesomorphs (well-built and muscular), who had aggressive personalities and were quick to act and insensitive to pain. Mesomorphs (muscular types with aggressive personalities) were more likely to be involved in delinquent or criminal behaviour. His research was criticized for lack of rigour. Copyright © 2020 by Top Hat 8-38 Crime and Intelligence Goddard suggested feeble-mindedness and criminality were inherited. Goddard later measured IQs of prisoners and found that most prisoners were at or below the mental age of 12 (imbeciles). The absence of any consideration of the social factors involved in this comparison clearly undermines Goddard’s findings Copyright © 2020 by Top Hat 8-39 Crime and Intelligence Regardless of poor research, the eugenics movement resulted in the sterilization of people with intellectual disabilities in the United States and Canada. These laws resulted in thousands of people with intellectual disabilities in North America being forced into institutions and, in many cases, being involuntarily sterilized. More recently, criticisms of the cultural bias of IQ tests have emerged. Other recent research has sought to demonstrate a link between individual characteristics and criminality. Chromosomes, unusual EEG results, and other pathologies have been investigated Copyright © 2020 by Top Hat 8-40 Crime and Intelligence Evidence supporting a link between biological or intellectual deficiencies and criminal behaviour is weak. Researchers must be careful about using theories of biological differences due to extremes of policy—for example, the eugenics movement and the Nazi ideology. Assuming biological differences between groups can turn into a rationale for their differential treatment, while ignoring social structural variables that contribute to anti-social behaviour. Copyright © 2020 by Top Hat 8-41 Summary Early theories of crime were based on superstition and religious beliefs. This view changed with the Classical school, which theorized that people were free and rational actors To prevent crime, they advocated the establishment of a Criminal Code, based on the principle that the punishment should fit the crime. The Classical school had a major impact on legal systems in many countries. However, the resulting legal codes were rigid and inflexible. Neoclassical reforms called for more flexibility and have been integrated into the legal systems of many countries. Copyright © 2020 by Top Hat 8-42 Summary Positive school used scientific methods to study crime. Lombroso’s biological theory has been discredited, but the application of science to criminology was a major advance. Subsequent researchers sought to blame crime on the biological inferiority of criminals. Research does not support these early biological theories. However, they impacted the legal system through involuntary sterilization and lengthy incarceration for “defectives.” Most of the principles of our current justice system are influenced by Classical, Neoclassical, and Positive theories of crime. Copyright © 2020 by Top Hat 8-43