Chapter 8 - Early Theories of Criminology Flashcards
An Essay on Crimes and Punishments 8
Written by Cesare Beccaria
Atavism
Cesare Lombroso suggested stigmata (physical differences) between Born Criminals and non-criminals that indicated moral inferiority; arguiing Darwin’s evolutionary theory he identied the condition of __________.
Beccaria
- founded Classical School of Thought
- Wrote an Essay on Crime and Punishments (1764)
- Criticized the cruelty, inhumanity, and arbitrariness of CJS
- Pursuid Humanitarian reform
- 18th-century England had 350 offences punishable by death
- 70% of death sentences were handed out for robbery and burglary
Hooton (1930s)
- Like Goring’s methodology but larger samples including prisoners & others
- speculated criminals are socially and biologically inferior
- posited new stigmata differentiating criminals
- suggests segregation by physical, mental, moral difference
- defined unfit individuals: part of E**ugenics movement
- was discredited on scientific grounds
Biological Theorists (Goring, Goddard (1912), Hooton (1930s), Sheldon (1950s)
Significant Early 20th Centruy Biological Crime Theorists
Henry Goddard (1912)
- Studdied Martin Kallikak, an army lieutenant
- Suggested feeble-mindedness and criminality were inherited
- Measured IQs of prisoners at or below mental age of 12 (imbeciles)
- Research was criticized
Goring (1903)
- Compared “normal” males with English convicts
- Found no evidence of distinct physical type
- Speculated Criminals have lower intelligence
- Thought most important trait was mental inferiority
- Methods were flawed
- studied were exclusively from prison
Sheldon (1950s)
- Developed Somatotype theory; Body types / Different personality traits
- Mesomorphs (muscular/aggressive personality) - more likely delinquent/criminal behaviour
Problems
- Lack of rigour, Research faulty, Did not use control groups
- Most traits they identified are not genetically determined
Somatotypes
Developed by Sheldon
Criminality correlated to and determined by body type.
- Ectomorph - Tall, thin, intellectual, shy
- Endomorph - Heavy, lethargic, friendly
- Mesomorph - Muscular, active, aggressive & prone to delinquency and violence
- Normal
Charter Protections
15, 12, 7-11
____: Equal Treatment before the Law
____: Protected from Cruel and Unusual Punishment
____: Due Process Guarantees
Classical Thoery (Baccaria, Bentham, Romilly)
Humans are rational thinkers. Those who contemplate breaking the law consider positive and negative consequences of their actions. A measured system of punishments was needed to deter crime. Main theorist: ___________.
- first formal School of Criminology
- associated with 18th/early 19th century reform to justice administration & prison system.
- brought Liberalism & Utilitarianism to Justice System.
- advocates Rights, Fairness and Due Process
- replaces Retribution, Arbitrariness and Brutality.
- Conflict: Rights and Freedoms could undermind Duty and Loyalty (Fealty)
Contributions of the Classical School
These reforms provided the foundation for the modern criminal justice system:
- Equality before the law
- Guarantee of one’s rights
- Establishment of fixed penalties
- Due process safeguards
- Separation of judicial and legislative system
Classical School Enlightenment Roots
- People voluntarily enter social contract: Social Contract Theory
- Give up some freedom for safer society
- State must protect citizens, but can not violate their rights
- Citizens must obey rules or face punishment from state
- Unjust & inhumane treatment of people ran counter to ideals of Enlightenment (humanitarian reform)
- new radical theory of crime (cost benefit analysis)
- person rational being calculates consequences of actions - break law if it advances their interests
- crime/deviance not result of supernatural/demonic forces
Limitations of Classical Theory
- premised on a theory of deterrence
- some Code penalties insufficient to deter
- ignores objective reality: individual inequalities & other factors that influence decision to commit crime
- gross injustices ensured
- equal punishments for the same crime did not allow for: flexibility, Mitigating circumstances, Judge discretion: same fine for rich & poor
Neoclassical Theory
Seeks more flexibility in the Justice System such as individualizing sentences to take into account offender characteristics and extenuating circumstances.
Individualizing sentences:
- Offender characteristics (e.g., age)
- Mitigating circumstances (mental competence)
- Motive
- France - judges given more discretion
- Gabriel Tarde
Packers Theory of Administrative Justice
Due Process———————————–—Crime Control
Liberal————————————–———Conservative
Punishment in the Classical Theory of Crime
- Swift, Severe (enough) and Certain
- If followed too long after the act is not an effective deterrent
- Laws must be effective, clear, and simple to understand
Recommendations of Classical Theory
- Stop executing people for minor offences
- Conduct Criminal matters - in public
- Make Laws accessible
- Separate Legislature from Judges
- Laws to be set by legislatures while
- Judges determined guilt & administered punishment
Reasons for Discrediting of Eugenics 8
- Cultural bias of IQ tests emerged
- Link between individual characteristics and criminality?
- Chromosomes, unusual EEG results, and other pathologies have been investigate
- Evidence for biological, intellectual deficiencies and criminal behaviour weak
- Eugenics movement inspired Nazi ideology
- assuming biologic difference causes differential treatment
- ignores sociostructural variables of anti-social behaviour
Deterrence
Crime prevention through the fear of punishment
Early 20th-Century Biological
(Goring, Hooton, Sheldon, Goddard)
Related criminality to several types of theroies of biological inferiority, including intelligence and body shape.
Theorists: _______ _______ _______ _______
Eugenics movement
Responsible for the sterilization of people with intellectual disabilities in United States and Canada
Positive School (Lombroso)
Founder of Positive School
Heretics
Pre-18th century designation for challengers to the status quo. Subject to extreme punishment.
Indeterminate Sentence
A Parole Board determines the release date based on an individual’s behaviour.
The Inquisition
- 1/2 million put to death in 300 years;
- Witches were the scapegoat:
- Mostly women, especially independent women
- Witch Hunts - reinforced power of existing social hierarch
Motives of Judeo-Christian Elites
- Elites sought to silence rebellious people in times of social upheaval
- Blaming social problems on Devil achieved two objectives:
- Diverted attention from elites, and placed blame on individuals who were “possessed” by Devil
- Those in power made themselves indispensable by saying only they could stop the Devil
- the distinction of sin v. crime is blurred
- Confluence of civil and religious authority
Judeo-Christian Theory of Crime
- Temptation
- We have free will and may chose behaviour
- the Devll tempts
- the righteous can resist
- Posession
- Wrongdoers are possessed by evil spirits
- Gild determined by trial by first, ordeal, etc.
- Severe and fatal methodss to rid people of evil spirit
Neo-Classical Theory
(Tarde)
Helped develop a more individualized system of criminal justice.
Theorist: ________
Neo-Classical Theory (Gabriel Tarde)
Responsible for Neoclassical Theory
Positive School (Lombroso)
- founded by Italian criminologist and his students Enrico Ferri & Raffaelo Garofolo
- arose in first half of 19th century, associated with positivism, also known as the Italian School
- Influenced by Darwin, Positive Sociologist Auguste Compte, and Sociologist Herbert Spencer
- crime result of natural causes. Scientific method to compare crim v. non-crim: Physical differences.
- rejected Classical School belief that humans are rational
- Behaviour seen as result of structural factors beyond an individual’s control
- examined Biological factors of crime
- Large following, applied in criminal trials
- his theories were accepted because they: were scientific and blamed individual instead of society; this appeal to ruling class.
Positive School
(Lobroso)
Criminals are born, not made. They are atavisms who are less evolved than the law-abiding.
Theorists: _______
Atavism (Lombardo’s Claims)
- Draws on evolutionary theory. Atavists less evolved
- Atavists innately driven to normal apes/savage behaviour
- Born criminals display stigmata: physical signs of atavism
- Different offenders display different stigmata (robbers have small, shifty fast moving eyes)
- Women display fewer stigmata - primitive origins
- Women less criminal due to maternaism, piety, dispassion
- Offenders different categories: epileptics, criminally insane, criminals of passion, and criminaloids
Contributions of Positive School 8
Classical theorists: punishment should fit the crime
Lombroso thought punishment should fit criminal; Born criminals need leniency as they have no control over their behaviour
- Probation
- Indeterminate sentences
- Mitigating circumstance
Problems with Lombardo and Positive 🎓 8
- Scientific methodology was flawed:
- Control groups, poorly chosen
- Statistical techniques, crude
- Measurements, often sloppy
- Assumed those in prison criminals / free people not
Classical, Neoclassical, and Positive
Most principles of our current Justice System are influenced by _________, __________, and _________ theories of crime.
Statistical School
Arose in first half of 19th century
- Associated with positivism
- Crime - result of natural causes - scientific methods - behaviour altered
- Rejected Classical school claim that humans were rational beings
- Instead, people’s behaviour viewed as result of a number of social structural factors
Statistical Theory (André-Michel Guerry, Adolphe Quetelet, Henry Mayhew)
Explored the social causes of crime. Related sturctural factors such as inequality to crime. Theorists: ________, ________, ________.
Stigmata
physicaly or mental detectable markers of criminality
The Bloody Era
18th-century England had 350 offences punishable by death
The Enlightenment: Qualities
- Scientific Revolution; change in thinking
- Systematic Doubt; empirical/sensory verification
- Away from fanaticism & religious superstition
- Reason; scientific method (observation)
- Scientific approach; crime/criminal behaviour
- Reform - Classical School of Criminology
