Chapter 2 Flashcards
founders of the classical school of criminology
Cesare Beccaria
argued that the effectiveness of criminal justice
depended more on the certainty of punishment than on its severity
Cesare Beccaria
advocated utilitarianism and fair treatment of animals that influenced
the development of liberalism
Jeremy Bentham
He invented the panopticon
Jeremy Bentham
the design is to allow all (pan-) inmates
of an institution to be observed (-opticon) by a single watchman without
the inmates being able to tell whether or not they are being watched. The
design consists of a circular structure with an “inspection house” at its
centre, from which the manager or staff of the institution is able to watch
the inmates. The inmates, who are stationed around the perimeter of the
structure, are unable to see into the inspection house.
Panopticon
People have free will to choose how to act and what to do
Classical School
Deterrence is based upon the ontological notion because a human being is
any of the following:
a. Hedonist
B. Rational calculator
Classical theory
refers to a person who only seeks pleasure and avoids pain.
Hedonist
refers to person’s weighing up the costs (pains)
and benefits (pleasures of the consequences of each of his action) before
committing any act
Rational calculator
The more swift and certain the punishment, the more effective it is in deterring
criminal behavior.
Classical School
Punishment (of sufficient severity) can deter people from committing crime
because the cost (penalties) outweighs benefits and severity of punishment
should be proportionate to the crime.
Classical School
This school accepted the fact that crime is committed in accordance with
the free will of man but the act of committing a crime is modified by some causes
that finally prevail upon the person to commit crimes. These causes are:
pathology, incompetence, and insanity or any condition that will make it possible
for the person to exercise the free will entirely.
Neo-Classical School
Presumes that criminal behavior is caused by internal and external factors
outside of the individual’s control. Scientific method was introduced and applied
to study human behavior. Positivism can be broken up into three segments
which include biological, psychological and social positivism.
Positivist or Italian School
It includes the study of the following theories in
relation to criminality: criminal anthropology, phrenology, physiognomy,
heredity and other similar theories
Biological Positivism
It relates criminality through the study of the
following theories: psychodynamics/psychoanalytical theory, behavioral
learning theories, and cognitive learning theories.
Psychological positivism
It relates criminality through the study of the following
theories: social disorganization theory, Chicago School theory and anomie
theory.
Social Positivism
THE HOLY THREE OF CRIMINOLOGY (POSITIVIST TRIO)
- Cesare Lombroso
- Enrico Ferri
- Rafaelle Garofalo
Italian criminologist and founder of the Italian School of Positivist
Criminology.
Cesare Lombroso
Father of Criminology
Cesare Lombroso
Four Categories of Criminals (According to Lombroso)
Atavist
Insane Criminal
Criminaloid
Criminal by Passion
known as born criminal
Born Criminal
refers to alcoholic, kleptomaniac, nymphomaniac,
and child molesters.
Insane Criminal
were further categorized as “habitual
criminals”, who become so by contact with other criminals, or other
“distressing circumstances” (criminal by passion hot-headed and
impulsive persons who commit violent acts when provoked).
Criminaloid
Lombroso referred to a person who committed
a crime motivated or because of anger and love and honor.
Criminal by Passion
student of Lombroso, believed that social as well as biological factors
played a role, and held the view that criminals should not be held responsible
for the factors causing their criminality were beyond their control.
Enrico Ferri
He argued that criminal behavior could be explained by studying the
interaction of a range of factors. He observed:
• First, physical factors in relation to crime such as race, geography and
temperature.
• Second, individual factors in relation to crime such as age, sex and
psychological variables.
• Third, social factors in relation to crime such as population, religion and
culture.
Enrico Ferri
An Italian jurist and a student of Cesare Lombroso. He rejected the
doctrine of free will and supported the position that crime can be understood
only if it is studied by scientific methods. He attempted to formulate a
sociological definition of crime that would designate those acts which can be
repressed by punishment. These constituted “Natural Crime” and were
considered offenses violating the two basic altruistic sentiments common to all
people, namely, probity and pity.
Raffaele Garofalo
Types of Criminals by Garofalo:
Murderer
Violent criminal
Deficient criminal
Lascivious Criminal
This refers to a criminal who kills another person and is satisfied
from vengeance or revenge. This type of criminal totally lacks both pity and
probity and kill whenever opportunity arises.
Murderer
These criminal lacks pity and can be influenced by
environmental factors such as consumption of alcohol or the fact that criminality
is endemic to criminal’s particular population
Violent Criminal