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