Ch4- The classical and positivist traditions

Question 1

What is the theoretical approach of the classical school?

Answer 1

an approach based on the belief that individuals are rational beings who choose to commit crimes based on a cost-benefit analysis of their actions.

Question 2

In what period did the classical school of criminology emerge? and what did this movement enphasise on ?

Answer 2

It emerged during the age of the enlightment period, the enlightment was a cultural and intellectual movement that emphasised reason, science and individualism

Question 3

Who where the key figures that developed the classical school of criminology? and what beliefs united these thinkers

Answer 3

The key figures included Cesare Beccaria, Jeremy Bentham and Francesco Carrara. These thinkers were united in theri belief that the criminal justice system should be based on principles of fairness and proportionality

Question 4

Who is Cesare Beccaria? What is he known for and what did he believe?

Answer 4

He was an italian philosopher and criminologist who lived in the 18th century, he is considered the father of the classical school of criminology due to his influential book ON CRIME AND PUNISHMENTS (1764). He argued that punishment should be proportionate to the crime committed and that the legal system should be transparent and consistent. He also believed that the death penalty should be abolished, as it was cruel and ineffective deterrent to crime. He developed the sentencing guidelines in modern criminal justice systems which aim to ensure that similar crimes recieve similar punishments and that punishment is proportionate to the severity of the crime.

Question 5

Who is Jeremy Bentham? What is he known for and what did he believe?

Answer 5

He was a british philosopehr and legal theorist who lived the the late 18th and early 19th centuries. He is known for the develpment of the theory of utilitarianism, which argues that actions should be evalueated based on their usefulness in promoting the greates good for the greates number of people. He applied utilitarianism to the field of criminology, arguing that the criminal justice system should focus on preventing crime rather than punishing it. He proposed a system of punishment that would be tailored to the individual offender with the goal of rehabilitating them and preventing furture criminal behaviour. He applied his theory in action by the use fo comunity service and other non-custodial sentences as alternatives to imprisonment; these sentences are often used for less serious crimes and aim to address the underlying issues that led to the crininal behaviour.

Question 6

Who is Francesco Carrara? What is he known for and what did he believe?

Answer 6

He was an italian lawyer and criminologist who lived in the 19th century. He focused on the prevention of crime through education and reform fo the justice system. He believed that the justice system should be based on the principles of fairness and proportionality, he argued that the purpose of punishment should be to protect society rather than to exact revenge on the offender. An example of his theory in action is the use of restorative justice practices, such as victim-offender mediation. These practices aim to repair the harm caused by the crime and prevent future criminal behaviour, rather nat simply punishing the offender.

Question 7

The modern criminal justice system took impact from what ? and what does the modern criminal justce system emphasise on? who develped these guidelines and reforms?

Answer 7

It took significant impact from the classical school of criminology and it emphasises on proportionality, transparancy and consistency; these guidelines and reforms where developed by Francesco Carrara who aimed at promoting fariness and reducing disparities in the justice system.

Question 8

What does Francesco Carrara mean by Proportionality?

Answer 8

The severity of a legal measure should be proportional to the harm it is intended to prevent or remedy. In other words, a law or regulation should not impose greater burdens on individualss than necessary to achieve its intended purpose. This principle is often used in cases involving human rights violations, where the states actions must be proportional to the harm caused to the individual’s rights.

Question 9

What does Francesco Carrara mean by Transparency?

Answer 9

It refers to the openness and accessibility of legal processes and decision-making. It involves ensuring that laws and regulations are clear and understandable, and that information about legal processes is readily available to the public. This principle is crucial for promoting accountability and preventing corruption in legal systems.

Question 10

What does Francesco Carrara mean by Consistency?

Answer 10

Its the idea that simialr cases should be treated similarly by the legal system. In other words, legal decisions should be based on precedent and established legal principles, rather than arbitrary or inconsistent factors. This principle is essential for ensuring fairness and predictability.

Question 11

What does Francesco Carrara’s principles ensure and why are they essential?

Answer 11

the three concepts form the basis of a modern legal system tha is fair, transparent and accountable. they help to ensure that laws and regualtions are proportionate to their intended purpose, that legal processes are accessible and understandable, and that legal decisions are consistent and predictable. They are essential tools for promoting justice and protecting individual rights in a democratic society.

Question 12

What criticism has the classical school faced?

Answer 12

it has faced criticism for its narrow focus on individual decision-making. Critics argue that this approach fails to take into account the broader social and economic factors that contribute to crime.

Question 13

What is the social context theory ? What is an example of this theory in action?

Answer 13

argues that crime is a result of social and economic inequalities. this theory emphasizes the importance of addressing underlying social issues such as poverty, unemployment and lack of education. An example of this theory in action is the implementation of community-based programs aimed at reducing poverty and promoting education and job training. These programs aim to address the root causes of crime by providing individuals with the resources and support they need to lead productively and fulfilling lives.

Question 14

What is critical criminology? What is an example of this theory in action?

Answer 14

Challenges traditional notions of crime and justice and emphasizes the importance of power and dynamics and social inequality. It argues that the justice system is often biased against marginalize groups and that social change is necessary to achieve true justice. An example of this theory in action is the movement for police reform and accountability, which seeks to address issues of police brutality and racial bias in law enforcement. This movement emphasizes the need for systemic change to address underlying issues of social inequality and injustice.

Question 15

What is rational choice theory? What is an example of this theory in action?

Answer 15

Argues that individuals make decisions based on their own self-interest and the costs and benefits of different options. An example of this theory in action is the study of white-collar crime, which often involves making calculated decisions to engage in illegal activity for financial gain. THis research aims to understand teh decision-making process that lead individuals to commit white-collar crimes, and to develop strategies for preventing and deterring this type of crime.

Question 16

What is the posivist school and when did it emerge and why?

Answer 16

Seek to explain criminal behaviour through scientific methods, such as biology, psychology and sociology. It. emerged in the industrial revolution when social and economic changes were transforming society during; the 19th century; as a reaction to the classical school’s emphasis on free will and rationality. There was a growing concern about rising crime rates and a need for more effective methods of crime control.

Question 17

According to The Posivist School what is Biological Determinism?

Answer 17

Criminal behaviour is caused by biological factors such as genetics, brain function, or physical characteristics. Lombroso’s theory of atavism and his emphasis on measuring physical characteristics of criminals exemplify this concept.

Question 18

According to The Posivist School what is Social Determinism?

Answer 18

In contrast to biological determinism, this theory argues that social and economic factors play a significant role in shaping criminal behaviour. Ferri’s theory of “Social Defense” emphasizes the importance of addressing the underlying social and economic conditions that lead to crime.

Question 19

According to The Posivist School what is Criminal Psychology?

Answer 19

The importance of studying the psychology of criminals in order to understand the causes of criminal behaviour. Garofalo advocated for the use of psychological profiling to identify potential criminals and suggested that punishment should be tailored to the individual’s psychological characteristics.

Question 20

Who is Cesare Lombroso? what did he believe? How was he critisized?

Answer 20

an italian physician and criminologist who is considered the founder of the posivist school. He believed that criminal behaviour was determined by biological factors and that criminals could be identified by their physical characteristics. His theory of the BORN CRIMINAL influenced the development of criminal anthropology and forensic science. He believed criminals were atavistic; meaning that they were evolutionary throwbacks to an earlier more pirmitive stage of human development. He identified physical features such as asymetrical facial features and abnormal skull shape, that he believed were common among criminals. He believed that tattos on criinals were evidence of their primitive nature, he suggested that tattoos were a way for criminals to express theri atavistic instincts and that they were comon amont non-european races. His theory has been criticized for its reliance on pseudoscientific methods and its potenial to justify eugenics and discrimination.

Question 21

Who is Enrico Ferri? what di he believe?

Answer 21

an italian criminologist who expanded on Lombroso’s work and developed the concept of social defense. He believed that crime was a result of social and economic conditions and that the criminal justice system should focus on rehabilitating offenders and preventing crime. He argued that criminal behaviour was a response to social and economic inequality and that crtime could be reduced through social reforms. He believed that punishment should be tailored to the individual offender and that the ultimate goal of the criminal justice system should be social defense. His ideas influenced the develpment of restorative justice programs that focus on rehabilitating offenders and restoring the harm done to victims and the community.

Question 22

Who is Raffaele Garofalo? what di he believe?

Answer 22

an italian criminologist who emphasized the importance of individual responsibility in criminal behaviour, he believed that the criminal justice system should focus on deterring and punishing offenders, rathna than rehabilitating them. He argued that criminal behaviour was a result of moral and psychological factors, such as aegoism and pathological impulses. He believed that the criminal justice system should be focused on retribution and the punishment should be proportionate to the severity of the crime. He influenced the develpment of the modern system of crininal justice, which emphasizes punishment and deterrence over rehabilitation.

Question 23

who was Gabriel Tarde? what did he believe?

Answer 23

a fench sociologist and criminologist who made significant contributions to the positivist school of criminology. He argued that criminal behaviour was not solely determined by biological factors but also by social and psychological factors. He developed the concept of imitation which he believed was the primary mechanism by which individuals learned criminal behaviour.

Question 24

What was Tarde’s theory of imitation?

Answer 24

The theory of imitation can be seen in the phenomenon of gang activity. Young people who are parto of a gang may learn criminal behaviour from their peers and imitate their actions, leading to increased criinal activity within the group.

Question 25

What was Tarde’s idea of the criminal man?

Answer 25

He argued that the criminal behaviour was not solely the result of individual characteristics but was also influenced by social and environmental factors. He believed that crime was a product of the interactions between individuals and society and that the conditions that led to criminal behaviour could be identified and addressed through social and enviornmental interventions.

Question 26

What was Tarde’s concept of Penal Law as Social Defense?

Answer 26

suggested that the primary purpose of criminal justice should be to protect society from criminals , rather than to punish them. His ideas about the role of social and enviornmental factors in criminal behaviour can be seen in programs that seek to address the root causes of crime such as poverty, lack of eductation and social exclusion. By addressing thesee underlying issues it is possible to reduce the incidence of criminal behaviour in a comunity

Question 27

What were the criticisms of the positivist school?

Answer 27

The major criticism is that it ignores the role of social and economic factors in the etiology of criminal behaviour. critics also pointed out that the methods used by positivist criminologists such as phrenology and anthropometry are outdated and unreliable. The deterministic view of criminal behaviour espoused by positivist criminology has been criticized for ignoring the agency of individual offenders and their ability to make choices. The use of positivist criminology to justify eugenic policies and the persecution of minority groups has been widely condemned as a violation of human rights.