Schools of Thought: Crime and Punishment PDF

SCHOOLS OF THOUGHT 1. Classical School-views crime as a product of free will, hedonism, and rational choice. It anchors on the argument that human beinga are endowed with free will and rationality, and that human actions are results of the rational calculati...

SCHOOLS OF THOUGHT 1. Classical School-views crime as a product of free will, hedonism, and rational choice. It anchors on the argument that human beinga are endowed with free will and rationality, and that human actions are results of the rational calculation of the costs and benefits (rewards). Free will- It refers to human's freedom or capacity to act or decide in his own Hedonism-Often known as "pain-and-pleasure principle" It is a basic assumption that people engage on things that will make them happy and avoid things that gives them sufferings and pain. Rationality- means performing an act, or make a decision with sound judgment, logic, reasonableness, and often conformity with established societal norms. Utilitarianism- a philosophy developed by Jeremy Bentham. It means the "greatest happiness for the greatest number of people". Proponents of the Classical School A. Cesare Beccaria- an Italian scholar, philosopher, reformist who is widely recognized as the founder of the classical school. He rose into fame after he published his 17 pages essay entitled, "On Crimes and Punishment" in 1764 What form of government did Cesare Beccaria believe in? Cesare Beccaria believed in maintaining a social contract and utilitarian government. He felt that people had free will and should have a voice when it came to government control. He thought that what benefited the greater good of all was most beneficial to a successful society. What is good punishment according to Beccaria? According to Beccaria, good punishment was one which was clear, swift, and appropriate. He greatly opposed torture and capital punishment, arguing they were inhuman and ineffective practices. Punishment should deter people from committing crimes and create pain. B. Jeremy Bentham- founder of utilitarianism. He was credited in the development of a Panopticon, a circular structure placed at the center of a circular glass roof. It serves as a central tower where prison staffs can overall supervise surrounding cells. To Bentham, human conduct can fall in either one of the following categories: Morally Best- an action in which an individual pursues the greatest happiness of all those affected even at the expense of his own happiness. Less Moral- an action in which he pursues others happiness only when it promotes his own happiness as well. Minimally Moral- an action where an individual pursues his own happiness, taking care not to cause pain to others, but not pursuing their happiness either. Immoral- an action where an individual harms others. 2. Neo-Classical School- from the word "neo" which means new. It argued that since children and lunatics are incapable of calculating pain and pleasure, they should be treated differently.Recognizes people experience punishments differently, and a person's environment, psychology, and other conditions can contribute to crime as well. 3. Positivist or Italian School- views crime as a product of the internal and external factors which are beyond one's control. It implores science in explaining the causes of crime and proposed the idea of individualized treatment of offenders. Criminal offenders should be considered as part of and not apart from the society. A. Dr. Cesare Lombroso- an army physician in Italy who is credited today as the "father of modern criminology". He studied prisoners` anatomical dispositions and correlated it with criminal's propensity to commit crime and published a book entitled "Criminal Man" Criminal Man- The first book which describes the causes of crime. It contains the argument that a criminal can be identified through his or her biological makeup or physical appearance. B. Enrico Ferri, a student of Cesare Lombroso. He argued that it is not only caused by anthropological or individual factors (e.g. intelligence, age, sex, psychological makeup, etc.), rather by sociological factors (e.g. family circumstances, religion, societal status, etc.), and even environmental or geographical factors (e.g. weather condition, etc.) He coined the term Criminal Sociology which incorporated the aforementioned factors of crime causation. C. Raffaele Garofalo- an Italian jurist, a politician, and a notable writer, was also a student of Cesare Lombroso. - conceptualized the so called natural crime, those conducts that offend or violated the two basic moral sentiments- pity and probity. - argued that criminals are morally deficient and are therefore be eliminated from the society either through death penalty or other forms of incapacitation.  BIOLOGICAL THEORIES OF CRIME CAUSATION These are theories that link crime with human being's physical or biological dispositions. It clings on the idea that criminality has something to do with person's genetic blueprint. Theory of Atavism or Born Criminal originated from the work of Dr. Cesare Lombroso- the father of modern criminology. Grounded on the belief that criminals are identifiable through their physical anomalies or stigmata. Lombroso asserted that unlike law abiders, criminals are having the appearance of pre-human forms- a primitive stage of evolution. Characteristics of an Atavistic Person Twisted or Flat nose Long arms in relation to their lower limbs Drooping eyes Large ears Protruding jaws Sloped foreheads Dark skin Small and deformed skulls Lombroso's Classification of Criminals 1. Born Criminals- those with atavistic characteristics. 2. Insane Criminals- those having anatomical and biological abnormalities. These include imbeciles, idiots, as well as alcoholics, hysterics, and epileptics. 3. Criminals by Passion- those who are triggered by emotional force such as love, anger, hatred, jealousy, and others. 4. Occasional criminals- those who commit crimes given the opportunity. This type of criminals has innate characteristics to commit crime. Occasional criminals are composed into four subtypes: Criminaloid- those who are easily swayed or tempted to do evil. Criminaloids are normal persons who commit crimes under the pressure of circumstances. Epileptoid- those who are suffering from epilepsy, a neurological disorder. Habitual criminal- those who live normally but later on develop an undesirable habit (i.e. gambling, drugs) which influence him to commit lifetime criminality. Pseudo Criminal- like criminaloids, pseudocriminals are normal persons. They only commit crimes when the situation forces them to do so. A best example of this one is self defense. Physiognomy -dubbed as "face reading" the study of the person's personality traits or character based on facial appearance. Physiognomic Interpretations Men with big upper lips signified stupidity Fat nose like of the pig indicated stupidity Pointed nose like of the dog signified choleric temperament Lion-like nose implied generosity Persons with noses like the hawk or eagle were magnanimous Fine hair like of the rabbit and sheep indicated timidity Rough hair like of the lion or boar implied courage Fat ears like of the Ox implied laziness Phrenology/Craniology -the study of the person's personality traits or character based on skull formation. Kretschmer's Body Physiques assumed that there is a link between the individual's physical makeup and his personality and that certain body builds correspond to certain temperaments. Four Types of Body Physiques 1. Asthenic - are those persons who are thin, with narrow shoulders, flat chest, loose skin, and long limbs. Asthenic are shy, timid, introvert, with serious personality but with fondness in reading and studying. To Kretschmer, asthenic is likely to commit petty theft and fraud. 2. Athletic - people under this category are muscular and with strong development of the skeleton. The personality of being aggressive is linked to this type. Athletic people are prone to commit violence compared to asthenic. 3. Pyknic are those that are fat with rounded bodies with fleshy arms and legs. This category is more likely to commit fraud and deception and sometimes violence. On the temperament side, pyknic people are into mood swings, who sometimes are happy and at other times are irritable and depressed. 4. Dysplastic type (mixed type) - people who have no desired body physiques belong to this category. Kretschmer argued that individuals under this type are prone to commit crimes against decency and morality. Somatotypes Popularized by William Sheldon, an American psychologist who made his own version of body types which he termed somatoypes. 1. Ectomorph - this is similar to Kretschmer's asthenic body physique. Similarly, ectomorphs are thin or slender. Sheldon associated this type to cerebrotonic temperament with characters of being introverted, insomniac, full of complaints, sensitivity to noise and distractions, and self conscious. 2. Endomorph - this is similar to Kretschmer's pyknic body physique. Endomorphs are those whose body is fat, soft, and round. It is attributed to a viscerotonic type of temperament - extroverted, jolly, relaxed, lazy, comfortable, and sociable. 3. Mesomorph - the athlectic type in Kretschmer's classification. Mesomorphs are characterized by dominated muscles, large hands and wrists, and heavy chest. Mesomorphs are somotonic having the characters of being active, aggressive, and dynamic. Family Studies Juke Family Tree Spearheaded by Richard L. Dugdale, a sociologist and a prison reformer. Dugdale started his study on the five daughters of Max Juke, Ada, Bell, Clara, Delia, and Effie. Ada Juke who is better known to the public as "Margaret, the mother of criminals" after tracing the family had out 709 descendants, 181 were prostitutes, 142 paupers and 106 illegitimate births 2. Kalikak Family Tree By Henry H. Goddard. - "Kalikak" from the Greek word "kallos" which means "beauty or good" and "kakos" which means "bad" - Involved Martin Kalikak, a revolutionary war soldier. Martin had two separate relationships which in turned represents the "good offspring" and the "bad offspring". These relationships are the following: Quaker (member of a Christian group known as Society of Friends)- girl whom he married and bore seven children. Upon tracing, descendants considered to be the "good side" of the family tree. feebleminded woman - resulted to an illegitimate son named Martin Kalikak Junior who later rose into adulthood, married and fathered seven children. Goddard upon tracing the "bad side" of the family tree found out descendants who were prostitutes, thieves, brothel owners, alcoholics, and licentious individuals. Jonathan Edwards Family Tree Was an exemplar of an ideal family structure. Jonathan who was married to Sara in 1727, was a famous Puritan preacher and once a president in Princeton College. this family tree was traced by A.E. Winship. none of the descendants was found to be criminal. Rather, many became judges, physicians, college presidents, mayors, vice president, senators, professors, and other vital positions in the society. Twin studies This study was centered on studying twin pairs, investigating their distinct and similar behavioral patterns. The theoretical assumption was, if genes are inherited, then twins would likely exhibit the same set of behaviors. With this, researchers grouped twin pairs into two: MZ - refers to identical twins. DZ - refers to fraternal twins who are not identical, twins who share only half of their genes. 52 percent similarity in behavioral patterns among MZ (identical twins) compared to DZ (fraternal twins) which has 22 percent only. Adoption Studies This study examined the life and behavior of the adopted children and correlated it with the criminal behaviors of the parents who adopted them and with their biological parents who send them away. Adoption studies argued that criminal behaviors exhibited by adopted children were hereditary in nature. Food and Behavior poor diet is correlated with frustration, aggression, defiance, lack of discipline, poor self esteem, and depression Exercise entwined with improved diet and proper education could result to decrease chances in antisocial behavioral problems in later adolescence or adulthood increased behavior problems when a person is exposed to synthetic colorings and flavorings, preservatives, cow's milk, and certain chemicals. Pregnancy, During and After Childbirth, and Behavior children delivered from the mother's womb with high levels of birth complications were more aggressive than those with low levels. Children born prematurely showed learning disabilities, school problems, and impairment in attention, emotion, and language. Excessive consumption of alcoholic beverages of pregnant women may result to fetal alcohol spectrum disorder (FASD), which may lead to mental complications which may cause retardation in the mental aspect Smoking during pregnancy may lead to conduct disorder in children between 16 and 18years old. Depression, anxiety, stressed, and having history of depression during pregnancy are predictors of postpartum depression. This is a type of depression which occurs after pregnancy characterize by the feeling of being hopeless, without self importance, and sadness. Premenstrual Syndrome and Behavior Prior to menstruation, fluctuations occur as progesterone levels drop while the other hormones increase. The abrupt change may lead to what is called premenstrual syndrome. Common effects of premenstrual syndrome are concentration problems, increased irritability, mood swings including aggression and depression.