The classical school of Criminology.pdf

The classical school of Criminology broad label of a group of thinkers of crime and punishment in the 18th and 19th centuries most prominent members are Cesare Beccaria and Jeremy Bentham , shared the idea that criminal behavior could be understood as an outcome of a human...

The classical school of Criminology broad label of a group of thinkers of crime and punishment in the 18th and 19th centuries most prominent members are Cesare Beccaria and Jeremy Bentham , shared the idea that criminal behavior could be understood as an outcome of a human nature well ordered state, therefore, would construct laws and punishments in such a way that people would understand peaceful and non criminal actions to be in their self interest Cesare Beccaria with Jeremy Bentham proposed “utilitarian Hedonism” which explains that a person always acts in such a way as to seek pleasure and avoid pain Essay on crimes and punishment Cesare Beccaria’s book which presented his key ideas on the abolition of torture as a legitimate means of extracting confessions Foundation of Classical School man is essentially a moral creature with absolute free will to choose between good and evil therefore trees is placed upon the criminal itself; that every man is responsible for his act Classical school of Criminology Freewill (Beccaria)- philosophy advocating punishment severe enough for people to choose, avoid criminal acts Hedonism (Bentham)- belief that people choose pleasure and avoid pain The positivist/ Italian school of Criminology school that composed of Italians who agreed that in the study of crime the emphasis should be on scientific treatment of the criminal, not on the penalties to be imposed after conviction maintained that crime as any other act is a natural phenomenon and is comparable to disaster or calamity  rejected the classical school idea that all crime resulted from choice that could be potentially be made anyone most serious crime were committed by individuals who were “primitive” or “atavistic”- who failed to evolve to a fully human and civilized state distinctive physical or mental defects Cesare Lombroso and his students, Enrico Ferri and Raffaele Garofalo were the primary personalities in this school Cesare Lombroso Italian Leader of the positivist school of criminology His emphasis on the need to study offenders scientifically earned him the “Father of Modern Criminology “ wrote the essay entitled “CRIME: its causes and remedies” Classifications of Criminal by Lombroso criminoloid- commits crime due to less physical stamina/ self control occasional criminal- insignificant reasons that pushed them to do at a given occasion Pseudo Criminals- self defense Born criminals- criminal behavior is inherited criminal by passion- influenced bu great emotions like fit of anger insane criminals- commit crime due to abnormalities or psychological disorders Enrico Ferri best known Lombroso’s associate, parliamentarian agreed on the lombroso on on the biological bases of criminal behavior, his interest in socialism led him to recognize the importance of social, economic, and politica determinants  greatest contribution was his attack onn the classical doctrine of free will, criminals should be held morally responsible for their crimes because they must have made a rational decision to commit the crime He believed that criminals could not be held morally responsible for their crimes because they did not choose to commit crimes, but rather were driven to commit by conditions in their lives claimed that strict adherence to preventive measures based on scientific methods would eventually reduce crime and allow people to live together in society Raffaele Garofalo another follower of lombroso he also rejected the doctrine of free will and supported the position that the only way to understand crime was to study it by scientific methods influenced by lombroso’s theory of atavistic stigmata (man’s inferior/ animalistic behavior) traced the criminal behavior to their psychological equivalents, which he called “moral anomalies” Types of criminals by Garofalo murderers- satisfied from vengeance/ revenge violent criminals- commit very serious crimes deficient criminals- commit crime against property lascivious criminals- crime against chastity Other Advocate of positivist criminology Gabriel tarde formulated one of the earliest sociological theories of criminal behavior rejected lombrosian theory of biological abnormality, arguing that criminals were normal people who learned crime just as others learned legitimate tradesr  formulated his theory of laws of imitation individuals emulate behavior patterns in much the same way that they copy style of dress Neo classical school of criminology - - impossible to exercise freewill are reasons to exempt the accused from conviction the neoclassicists said “not always” they argue that freewill can be mitigated by pathology, incompetence, mental disorder the neoclassical school does not represent any break with the classical view of human nature. it merely challenges the classical position of absolute freewill