Intro to Crim 2 PDF

PREPARED BY: ROCHELL P. JARMEL, RCrim  1. What is a theory? 2. What are the characteristics of a good theory? 3. What is the importance of theories in the field of Criminology? What is Criminal Etiology?  It is the study of the Cause or origi...

PREPARED BY: ROCHELL P. JARMEL, RCrim  1. What is a theory? 2. What are the characteristics of a good theory? 3. What is the importance of theories in the field of Criminology? What is Criminal Etiology?  It is the study of the Cause or origin of crime.  It studies the primary reason for crime commission.  What is a Theory?  A set of statements devised to explain behavior, events or phenomenon, especially one that has been repeatedly tested and widely accepted.  Criminological theories focus on identifying and explaining the root causes of crime. They identify risk factors for committing a crime, explain why some people commit crimes, and can focus on how and why specific laws are made and enforced. Characteristics of A Good Theory According to Akers and Sellers (2013) the following criteria were set to judge criminological theories: 1. Logical consistency; 4. Testability; 2. Scope; 5. Empirical validity; and 3. Parsimony; 6. Usefulness. Logical Consistency It is the basic building block of any theory. It refers to a theory’s ability to “make sense”. Scope It refers to its range, or ranges, of explanations. Better theories will have a wider scope or a larger range of explanation Parsimony A good theory must be concise, elegant, and simple. In other words, parsimony refers to a theory’s “simplicity” Testability A good theory must be testable too and is open to possible falsifiability and refutability. Empirical Validity The most crucial factor to consider when evaluating a theory, according to Gibbs (1990), is whether a particular hypothesis has been confirmed or refuted by empirical investigation. Usefulness Every theory will recommend a program or strategy to manage, prevent, or lessen crime. Policy-makers will be guided by the premise of a certain theory. SCHOOLS OF THOUGHT It refers to a group of beliefs or ideas that support a specific theory. The following are the major Schools of thought it Criminology:  Classical School (the late 1700s and the early 1800s)  Neo-Classical School (emerged between 1800 and 1920 and is still with us today)  Positivist School (the mid 1800s and early 1900s) Demonic Perspective/Demonology Theory (Middle Ages, 1200-1600) It is not surprising that any discussions of the existence of evil behavior in the world began with religious explanations. Demonology theory asserted that a person committed wrongful acts due to the fact that he was possessed by demons which forced them to do wicked things beyond their control. Demonology Theory has two (2) types. First is the Temptation model, according to Matt 26:41 “Watch and pray so that you will not fall into temptation. The spirit is willing but the body is weak.” This connotes that if people are weak, they were tempted in doing evil or wrongful acts (…temptation to sin are impossible to avoid. Matt 18:7). However, the threat of hellfire or other eternal punishment for those who choose to do evil became a deterrent component for this model. In this model, public humiliation and banishment were frequently used by religious societies as ways of controlling their deviant populations and for serious deviants, capital punishment would be a final solution. Another type is the Possession model, where the devil has taken control of the individual’s mind and body resulting in evil behavior. Once possessed by an evil spirit the person is no longer responsible for his/her actions. In this model, one way of “curing” the individual is through exorcism – a religious ritual aimed at jettisoning the unclean spirit from the body. However, criminal activities nowadays are rarely attributed to the influence of devils but rather through suggestions and concepts of Age Enlightenment and Modern Criminology schools or theorists such as the following: A. Classical School (The Late 1700s And The Early 1800s) Classical School started in Europe in the late 1700s and early 1800s with the need to update criminal justice. At the time, throughout Europe, the use of torture to secure confessions and force self-incriminating testimony had been widespread and classical school was against it. Physical torture is the infliction of bodily pain using devices such as rack, thumbscrew, the boot, heavy weights, iron maiden and the like in order to extort evidence or confession. The Classical School is not interested in studying criminals, but rather law-making and legal processing. They believed that crime was an activity engaged in out of total free will and that individuals weighed the consequences of their actions. Punishment is made in order to deter people from committing crime and it should be greater than the pleasure of criminal gains. According to classical criminologists, individuals have free will. They can choose legal or illegal means to get what they want, fear of punishment can deter them from committing crime and society can control behavior by making the pain of punishment greater than the pleasure of the criminal gains. however, does not give any distinction between an adult and a minor or a mentally-handicapped in as far as free will is concerned. Founders of classical school of criminology are Cesare Beccaria and Jeremy Bentham. 1. Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794) He is best known for his “Essay on Crimes and Punishment” or “Dei Delitti e Delle Pene” which presented key ideas on the abolition of torture as 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 also influential in the reforms of penal code in France, Russia, Prussia and it influenced the first ten amendments to the US Constitution. HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM 1. In forming a human society, men and women sacrifice a portion of their libery so as to enjoy peace and security. 2. Punishments that go beyond the need of preserving the public safety are in their nature unjust. 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 on crime. 8. The aim of punishment can only be to prevent the criminal from committing new crimes against his countrymen, and to keep others from doing likewise. Punishments, therefore, and the method of 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 life imprisonment. 10. It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation. 2. Jeremy Bentham (1748-1832) He is best known for his concept of utilitarianism and the felicific calculus. The concept of Utilitarianism assumes that all our actions are calculated in accordance with their likelihood of bringing pleasure and pain and “felicific calculus” 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. The following are the assumptions of Bentham: 1. People have free will to choose how to act and what to do. 2. Deterrence is based upon the utilitarian ontological notion because a human being is any of the following: 2.1. Hedonist- man only seeks pleasure and avoids pain 2.2. Rational Calculator- man is weighing up the costs 9pains) and benefits (pleasures of the consequences of each of his action). Components of Deterrence: a. Celerity- refers to the speed with which a punishment is applied. b. Certainty- refers to the concept of making a punishment sure to happen whenever an undesirable act is committed. c. Severity- refers to the amount of pain to be inflicted on those who do harmful acts. Bentham reasoned that in order to deter individuals from committing crimes, the punishment, or pain, must be greater than the satisfaction, or pleasure, he would gain from committing the crime. B. Neo-Classical School/Criminology (Emerged Between 1800 And 1920 And Is Still With Us Today) This school of thought modified the doctrine of free will by stating that free will of men may be affected by 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. Some behaviors are irrational due to mental illness, some are committed due to self defense or mistake of fact. So, not all persons were completely responsible for their own actions. In the study of legal provisions, this is termed as either mitigating or exempting circumstances. C. Positivist School Of Criminology (The Mid 1800s And Early 1900s) During the late eighteenth century, significant advances in knowledge of both the physical and social world influenced thinking about crime. Forces of positivism and evolutionism moved the field of criminology from philosophical to a scientific perspective. The term “positivism”, refers to a method of analysis based on the collection of observable scientific facts. Positivists believe that causes of behavior can be measured and observed. It demands for facts and scientific proof, thus, changing the study of crimes and criminals into scientific approach. Positive theorists were the first to claim the importance of looking at individual difference among criminals. These theorists who concentrated on the individual structures of a person, stated that people are passive and controlled, whose behaviors are imposed upon them by biological and environmental factors. According to Positivist school, there are body and mind differences between people and punishment should fit the individual criminal, not the crime (indeterminate sentencing, desperate sentencing, parole). Also, criminals can be treated, rehabilitated, or corrected. If not, then they are incurable and should be put to death. Fundamental Assumptions  The basic determinants of human behavior are genetically based  Observed gender and racial differences in rates and types of criminality may be at least partially the result of biological difference between the sexes and racially distinct groups AUGUST COMTE He was a French philosopher and sociologist and is believed to be the one who reinvented the French term sociologie. He was also recognized as the “Father of Sociology and Positivism”. THE (UN) HOLY THREE (3) OF CRIMINOLOGY 1. Cesare Lombroso 2. Enricco Ferri 3. Raffaele Garofalo 1. Cesare Lombroso He was recognized as the “Father of Modern and Empirical Criminology” due to his application of modern scientific methods to trace criminal behavior, however, most of his ideas are now discredited. He is also known for the concept of atavistic stigmata (the physical features of creatures at an earlier stage of development). He claimed that criminals are distinguishable from non-criminals due to the presence of atavistic stigmata and crimes committed by those who are born with certain recognizable heredity 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 of 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 aquiline or beaklike in murderers, fleshy lips, swollen and protruding, and pouches in the cheek like those of animal’s toes. Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person. According to him, there are three (3) classes of criminals: 1. Born criminals – individuals with at least five (5) atavistic stigmata 2. Insane criminals – those who became criminals because of some brain defect which affected their ability to understand and differentiate what is right from what is wrong. 3. Criminaloids - those with makeup of an ambiguous group that includes habitual criminals, criminals by passion and other diverse types. STIGMATA RELATED TO AN ATAVISTIC CRIMINAL (from CRIMINAL MAN): 1. Deviation in head size and shape from type common to race and region from which the criminal came. 2. Asymmetry of the face. 3. Eye defects and peculiarities. 4. Excessive dimensions of the jaw and cheek bones. 5. Ears of unusual size, or occasionally very small, or standing out from the head as to those of a chimpanzee. 6. Nose twisted, upturned, or flattened in thieves, or aquiline or breaks like in murderers, or with a tip rising like a peak from swollen nostrils. 7. Lips fleshy, swollen, and protruding.  8. Pouch in the cheek like those of some animals. 9. Chin preceding, or excessively long, or short and flat, as in apes. 10. Abnormal dentition. 11. Abundance, variety, and precocity of wrinkles. 12.Anomalies of the hair, marked by characteristics of the opposite sex. 13. Defects of the thorax, such as too many or too few ribs, or supernumerary nipples. 14.Inversion of sex characters in the pelvic organs. 15. Excessive length of arms. 16.Supernumerary fingers and toes. 17. Imbalance of the hemisphere of the brain (asymmetry of the cranium). The Female Offender 1901 According to Lombroso, most women are not criminal, however, they are most often occasional criminals but, some women are atavistic criminal. He considered female criminality to be restricted to prostitution and abortion and a man was invariably responsible for instigating these crimes. 2. Enrico Ferri He focused his study on the influences of psychological factors and sociological factors such as economics, 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 in their lives. 3. Raffaele Garofalo He rejected the doctrine of freewill and treated the roots of the criminals’ behavior not to physical features but to their psychology equivalent, which he referred to as moral anomalies. According to him, Natural Crime is a conduct which offends the basic moral sentiments of Pity (revulsion against the voluntary infliction of suffering on others) and Probity (respect for property rights of others) a behavior which violates certain basic moral sentiments). And True Criminals are the one whose altruistic (humane) sensibilities are lacking or are in a deficient state of development and considered as abnormal. He Classified Criminals on the Basis of Moral Defecits 1. Murderer- refers to a criminal who kills another person and is satisfied from vengeance/revenge. This type of criminal totally lacks both pity and probity and will kill whenever opportunity arises. 2. Violent Criminal- Those characterized by the lack of pity (may also commit crimes of passion, sometimes under the influence of alcohol; such crimes are indicative of inferior innate moral capacities; certain environments contribute to crimes against property). 3. Deficient Criminal (Thief)- refers to a person who lacks probity and commits crimes against property like thieves and robbers. Such offenses are committed by a small minority of the population. 4. Lascivious Criminal- a group of sexual offenders whose conduct is characterized less by the absence of the sentiment of pity than by a low level of moral energy and deficient moral perception. Crimes against chastity committed by a person include acts of lasciviousness, seduction, adultery and the like (Burke, 2005). Congratulations for making it this far! There are more to learn, so, don’t stop and keep growing! Good luck on your Prelim Examination! God bless y’all!