Introduction to Criminology PDF

amtl1 SCHOOL OF THOUGHT IN CRIMINOLOGY  School of thought – refers to a group of beliefs or ideas that supports a specific theory.  Theory – set of statements devised to explain behavior, events or phenomenon especially one that has been repeatedly tested and wide...

amtl1 SCHOOL OF THOUGHT IN CRIMINOLOGY  School of thought – refers to a group of beliefs or ideas that supports a specific theory.  Theory – set of statements devised to explain behavior, events or phenomenon especially one that has been repeatedly tested and widely accepted. 3 MAIN SCHOOL OF THOUGHT 1. Classical Criminology 2. Neoclassical Criminology 3. Positivist School CLASSICAL CRIMINOLOGY  The new era, ushered in by the Enlightenment thinkers, led to the development of the classical school.  Social reformers sought to eliminate the barbaric system law, punishment and justice.  There was no real system of criminal justice in Europe at that time.  Some crimes were specified, some were not.  Judges had discretionary power to convict a person for an act not even legally defined as criminal.  Followers of this concepts argued for a more rational approach to punishment, they stressed that the relationship between crime and punishment should be balance and fair.  This school of thought is based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions. According to classical criminologists, individuals have free will.  They can choose legal or illegal means to get what they want, fear of punishments can deter them from committing crime and society can control behavior by making punishment greater than the pleasure of the criminal gains. REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl2  This view was based on the prevailing philosophy of ―utilitarianism or Hedonistic Doctrine.‖  According to this theory (Barkan, 2006), actions are evaluated by their tendency to produce advantage, pleasure, and happiness and to avoid or prevent mischief, pain, evil, or un happiness.  This theory does not give any distinction between an adult and a minor or a mentally handicapped in as far as free will is concerned. Five Principles used by society in reacting to criminal activities:  The Principle of Rationality – human beings have free will and the actions they undertake are the result of choice.  The Principle of Hedonism – pleasure and pain, or reward and punishment, are the major determinants of choice.  The Principle of Punishment – criminal punishment is a deterrent to unlawful behavior, and deterrence is the best justification for punishment.  The Human Rights Principle – society is made possible by individuals cooperating together. Hence, society owes to its citizen’s respect for their rights in the face of government action.  The Due Process Principle – an accused should be presumed innocent until proven otherwise, and an accused should not be subjected to punishment prior to guilt being lawfully established. Summary of Principles of Classical School of Thought 1. This view was based on the prevailing philosophy of the time, namely, ―utilitarianism‖, which emphasized that behavior occurs when the actor considers it useful, purposeful, and reasonable. 2. Social philosophers like Beccaria and Bentham began to rethink the prevailing concepts of law and justice. 3. They argued for an operational approach to punishment, stressing the relationship between crimes and their punishment should be balance and fair. REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl3 4. People have free will and choose to act in this regard. 5. Deterrence is based upon the notion of the human being as a ―hedonist‖ who seeks pleasure and avoid pain. 6. The more swift and certain the punishment, the more effective it is in deterring criminal behavior. 7. philosophers called for a more moderate and just approach to penal sanctions, which could substitute for the cruel public executions designed to frighten people into obedience. CESARE BONESANA MARCHESE DI BECCARIA (1738-1794), was an Italian criminologist, jurist, philosopher, economist and politician, who is widely considered one of the greatest thinkers of the Age of Enlightenment.  He published a book entitled ―On Crimes and Punishment‖ in 1764. Which presented key ideas on the abolition of torture as a legitimate means of extracting confession.  His book contains almost all modern penal reforms but its greatest contribution was the foundation it laid for subsequent changes in criminal legislation.  His book was influential in the reforms of Penal code in France, Russia, Prussia and it influenced the first ten amendments in the US constitution. Beccaria believed that: a. people want to achieve pleasure and avoid pain. b. crime provide some pleasure to the criminal. c. to deter crime, he believed that one must administer pain in an appropriate amount to counter balance the pleasure obtained from committing the crime. d. Famous in sayings “Let the punishment fit the crime” Highlights of Cesare Beccaria’s Ideas regarding Crimes and Criminal Justice System 1. Informing a human society, men and women sacrifice a portion of their liberty so as to enjoy peace and security. 2. Punishments that go beyond the need of preserving the public safety are in their nature unjust. REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl4 3. Criminal laws must be clear and certain. Judges must make uniform judgments in similar crimes. 4. The law must specify the degree of evidence that will justify the detention of an accused offender prior to his trial. 5. Accusations must be public. False accusations should be severely punished. 6. To torture accused offenders to obtain a confession is inadmissible. 7. The promptitude of punishment is one of the most effective curbs in crime. 8. The aim of punishment can only be to prevent the criminal from committing new crimes against his countrymen, and keep others from doing likewise. Punishments therefore, and the method in inflicting them, should be chosen in due proportion to the crime, so as to make the most lasting impression on the minds of men. 9. Capital punishment is inefficacious and its place should be substituted by life imprisonment. 10. It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation. JEREMY BENTHAM (1748-1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism. Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong."  He proposed ―Utilitarian Hedonism‖, which explains that person always acts in such a way to seek pleasure and avoid pain.  He founded the concept of UTILITARIANISM – assumes that all our actions are calculated in accordance with their likelihood of bringing pleasure and pain.  He devised the pseudo-mathematical formula called ―felicific calculus‖ which states that individuals are human calculators who put all the factors into an equation in order to decide whether a particular crime is worth committing or not. REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl5  He reasoned that in order to deter individuals from committing crimes, the punishment or pain is must be greater than the satisfaction or pleasure he would gain from committing the crime. Utilitarianism – it is a philosophy which argues that what is right is the one that would cause the greatest good for the greatest number of people.  Others refer to it as the greatest happiness principle or the principle of utility.  From this principle, Bentham formulated the ―felicific calculus‖. Felicific Calculus or the ―pleasure an pain principle‖ – it is a theory that proposes that individuals calculate the consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he would derive from doing the action. Deterrence – the prevention of a certain act or acts (such as crime) through fear or punishment. A. General Deterrence - A crime control policy that hinges on the fear of criminal penalties. General deterrence measures, such as long prison sentences for violent crimes, are aimed at convincing the potential law violator that the pains associated with crime outweigh its benefits. B. Specific Deterrence – A crime control policy proposing that punishment be serve enough to convince convicted offenders never to repeat their criminal activity. NEO CLASSICAL CRIMINOLOGY  This theory modified the doctrine of free will by stating that free will of men may be affected by the other factors and crime is committed due to some compelling reasons that prevail.  These causes are pathology, incompetence, insanity or any condition that will make it impossible for the individual to exercise free will entirely.  In the study of legal provisions, this is termed as either mitigating or exempting circumstances. POSITIVIST CRIMINOLOGY REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl6  The positivist school originated in the 19th century in the context of the ―scientific revolution‖.  The positivists rejected the harsh legalism of the classical school and substituted the concept of ―free will‖ with the doctrine of determinism.  They focused on the constitutional approach to crime, advocating that structure or physical characteristics of an individual determine that person’s behavior.  Since these characteristics is not uniform, the positivists emphasized a philosophy of individualized, scientific treatment of criminals, based on the findings of the physical and social sciences. AUGUSTE COMTE (1798-1857) Auguste Comte, in full Isidore- Auguste-Marie-François-Xavier Comte, (born January 19, 1798, Montpellier, France—died September 5, 1857, Paris), French philosopher known as the “Father of Sociology and of Positivism.” Comte reinvented the French term sociologie.  Considered the founder of positivist school and sociology.  He applied the scientific methods in the study of society, from where he adopted the word sociology.  He wanted a society in which all social problems will be solved by scientific methods and research.  He believed that large groups of people such as society, being a subject of scientific study, can lead to the discovery of specific laws that would greatly help them. THE HOLY THREE (3) OF CRIMINOLOGY  They were called the ―unholy three‖ by the religious leaders during the time of positivism because of their belief in evolution as contrasted biblical interpretation of the origin of man and woman.  Eventually, they have been called the ―holy three of criminology‖ because their emergence symbolized clearly that the era of faith was over and the scientific age had begun. EZCHIA MARCO “CESARE” LOMBROSO (1836-1909) REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl7  An Italian criminologist, scientist, university professor, prison doctor and a founder of criminal anthropology.  He was one of the largest contributors to biological positivism and founder of the Italian School of Criminology.  He is recognized as the “Father of Modern Criminology” due to his application of modern scientific methods to trace criminal behavior. However most of his ideas are now discredited.  He claimed that criminals are distinguishable from non criminals due to the presence of atavistic stigmata (Atavistic anomalies) – the physical features of creatures at an earlier stage of development.  He asserted that crimes are committed by those who are born with certain recognizable hereditary traits.  According to his theory, criminals are usually in possession of huge jaws and strong canine teeth, the arm span of criminals is often greater than their height, just like that apes who use their forearms to push themselves along the ground.  Other physical stigmata include deviation in head size and shape, asymmetry of the face, excessive dimensions of the jaw and cheekbones, eye defects and peculiarities, ears of unusual size, nose twisted, upturned or flattened in thieves, or aqualine or breaklike in murderers, fleshy lips, swollen and protruding, and pouches in the cheek like those animals of toes.  Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person. According to him, there are three (4) classes of criminals: 1. Born criminals – individuals with atleast five (5) atavistic stigmata 2. Insane criminals – those who are not criminals by birth; they become criminals as a result of some changes in their brains which interfere with their ability to distinguish between right and wrong. REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl8 3. Criminaloids – those with make up of an ambiguous group that includes habitual criminals, criminals by passion and other diverse types. 4. Pseudo- Criminals – those criminals committed a felonious act due to self- defense.  ATAVISM – The return of a trait or reappearance of previous behavior after a period of absence.  ATAVISTIC ANOMALY – physically, their resemblances on the evolutionary scale to more primitive times where people were savages. Among Lombroso’s major contributions to positivist criminology are the following: 1. Theory of atavism – criminals were developed from primitive or subhuman individuals characterized by some inferior mental and physical characteristics such as receding hairline, forehead wrinkles, bumpy face, broad noses, fleshy lips, sloping shoulders, long arms and pointy fingers. He called this condition atavism. 2. The application of the experimental and scientific method to the study of the criminal. Lombroso spent endless hours measuring criminally insane persons and epileptics’ skulls. 3.. The development of a criminal typology. Although Lombroso’s system of classification is considered crude and not adopted today, he still attempted to categorize criminals. They are as follows: a. Born Criminals – individuals who are born with a genetic predilection toward criminality. b. Epileptic Criminals – criminals who commit crime because they are affected by epilepsy. c. Insane Criminals – those who commit crimes due to abnormalities or psychological disorders. These criminals are not criminal from birth; they become criminal as a result of some changes in their brains which interfere with their ability to distinguish between right and wrong. d. Occasional Criminals – criminals who commit crime due to insignificant reasons that push them to do at a given occasion. REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl9 Lombroso also identified the various types of occasional criminals are: a. Pseudo criminals – These individuals are not real criminals. They have neither any inborn tendency towards crime nor are they under the influence of any bad crime inducing habit. - they do something criminal on account of acute pressure of circumstances that leave them with no choice. (e.g., person who kill in self defense). b. Criminaloids – not born criminals but non-criminals who have adopted criminal activity due to pressure of circumstances and less physical stamina or self control. The nature of their crimes is not very grave. c. Habitual Criminals – They have no organic criminal tendency, but in the course of their lives they have developed some foul habits that force them into criminality. - Some attributing factors are poor parenting and education, or contact with other criminals. d. Passionate criminals – are individuals who are easily influenced by great emotions like fit of anger. 4. The belief in the indeterminate sentence. Penalties should be indeterminate so that those other ―born‖ criminals who are incorrigible could be worked with and rehabilitated. 5. The application of statistical techniques to criminology. Although crude and with the use of questionable control groups, statistical techniques were used by Lombroso to make criminological predictions. CRIMINOLOGICAL CLASSIFICATION OF CRIMINALS Based on Etiology  Acute Criminal – one who violates a criminal law because of the impulse or fit of passion.  Chronic Criminal – one who commits crime in consonance with deliberate thinking. Based on Behavioral System REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl10  Ordinary Criminal – the lowest form of criminal in a criminal career.  Organized Criminal – one who associates with other criminals.  Professional Criminal – one with high degree of skill in committing crimes. BASED ON LEGAL CLASSIFICATION a. Habitual Delinquent – is a person who, within the period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, estafa, or falsification is found guilty of any of the said crimes the third time or oftener. b. Recidivist – is one, who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of thee code. ENRICO FERRI (1856-1929) A student of Lombroso, Enrico Ferri is the best known of Lombroso’s associates.  He focused on the study on the influences of psychological factors and sociological factors such as economic on crimes.  He believed that criminals could not be held morally responsible because they did not choose to commit crimes but rather were driven to commit crimes by conditions of their lives.  Advocated the ―Theory of Imputability and the Denial of Free Will‖ in 1878.  His greatest contribution was his attack on the classical doctrine of free will, which argued that criminals should be held morally responsible because they did not choose to commit crimes but rather were driven to commit them by conditions in their lives.  He stressed out that society needed protection against criminal acts and that it was the purpose of the criminal law and penal policy to provide that protection.  He claimed that strict obedience to preventive measures based on scientific methods would eventually reduce crimes and allow people to live together in society with less dependence on the penal system. REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA  amtl11 RAFAELLE GAROFALLO (1851-1934) He treated the roots of the criminals behavior not to physical features but to their psychology equivalent which he referred to as moral anomalies.  Just like Lombroso and Ferri he rejected the doctrine of free will and supported the position that the only way to understand crime was to study it by scientific methods. GAROFALO CLASSIFIED CRIMINALS AS: 1. MURDERERS – those who are satisfied from vengeance or revenge. 2. VIOLENT CRIMINALS – those who commit very serious crimes. 3. THIEVES – those who commit crimes against property. 4. LASCIVIOUS CRIMINALS – those who commit crimes against chastity and other sexual crimes. REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA