positivism Flashcards
what does modern criminology begin with?
positivist criminology
what are the 3 underpinning ideas in positivist criminology?
- phrenology
- physiognomy
- criminal anthropology
who is considered as the founding father of criminal anthropology?
Cesare Lombroso
what did criminal anthropologists see criminals as?
physically anomalous human type
true or false - criminal anthropologists believed that criminals were marked by anomalies that signified their physical, mental and social backwardness
true
what is physiognomy?
a persons behaviour can be predicted through their physical appearance
where can the idea of physiognomy be traced back to?
ancient greece but gained popularity 1700s onwards
who was the most famous proponent of physiognomy?
Johann Casper Lavater
what did Lavater write?
essays on physiognomy
when was essay on physiognomy published?
in English by 1795
what did lavater try other than turn physiognomy into?
a science or a knowledge of the correspondence between the external and internal man, the visible superifices and the invisible contents
what were pocket lavaters?
illustrated, pocked sized versions of essays of physiognomy, which people used to gauge the character of new acquaintances and passer-by
what was phrenology?
a 19th century means of reading and determining character from bumps on the head and from the contours of the skull
what did phrenologists make the first systematic efforts to identify?
biological causes of crime and present science visually
who was a key author in the area of phrenology?
Franz Joseph Gall
what are the 5 concepts to phrenology?
- the brain is the organ of the mind
- the brain is an aggregation of about 301 separate organs or faculties i.e. combativeness, covetiveness and destructiveness
- the more active an organ, the larger its size
- the relative size of the organs can be estimated by inspecting the contours of the skull
- the relative size of the organs can be increased or decreased through exercise and self-discipline
who argues that each of our mental abilities were located in individual portions of the brain
Gall
true or false - each portion of the brain functions independently
true
true or false - one of the brain’s “faculties” or “organs” can be normal while another lies dormant or atrophies
true
what is deterministic doctrine?
this who practised phrenology beloved that crime was not the product of free will but down to abnormal organisation of the brain
What was the trend in the 1800s regarding crime and criminal behaviour?
There was a clear drive towards, and hunger for, scientific explanation of crime and criminal behaviour
Who provided a framework for explaining criminal behavior through rationality?
Beccaria and Bentham
How is utilitarianism described in relation to psychological or social theories?
not a full blown psychological or social theory
What was a limitation of the work of Beccaria and Bentham?
work of Beccaria and Bentham
was not empirically supported
How did the hunger for scientific explanation of crime manifest in the 1800s?
through variety of theorists and other key individuals
Who was one of the early theorists in the scientific explanation of crime?
Adolphe Quetelet
Which other key individuals followed Adolphe Quetelet in the study of crime?
Enrico Ferri, Raffaele Garofolo, Cesare Lombroso
what were Ferri’s 5 classifications of criminals?
- born of instinctive criminal
- insane criminal
- pasional criminal
- occasional criminal
- habitual criminal
What is Raffaele Garofalo remembered for in the context of crime?
pursuit of practical solutions to concrete problems located in the legal institutions of his day and for his doctrine of ‘natural crimes’
How does Garofalo’s work compare to that of Lombroso and Ferri?
it represents the currents of interests in the late 19th century Europe more clearly
Who was Cesare Lombroso and what field did he found?
a criminal anthropologists and the founding father of criminal anthropology
How did criminal anthropologists view criminals?
as a physically anomalous human type
What is the title of Cesare Lombroso’s seminal work written in 1876?
L’Uomo Deliquente (criminal man)
What idea does Lombroso introduce in “L’Uomo Deliquente”?
idea of ‘born criminal’
What type of theory is the concept of the ‘born criminal’?
biological theory
How did Lombroso describe the ‘born criminal’?
atavistic, a type of human being left over from the earlier stages of evolutionary development
What research did Lombroso conduct in 1870?
research in the prisons and asylums of Pavia, studying cadavers and living persons to determine substantial differences between the insane and criminals
What significant discovery did Lombroso make regarding a brigand’s skull?
found a very long series of atavistic anomalies in the skull of a brigand, including an enormous middle occipital fossa and hypertrophy of the vermis, which he compared to features found in inferior vertebrates
How did Lombroso describe the moment he understood the nature of criminals?
described it as a flash of inspiration, where the sight of the skull illuminated the problem of the nature of the criminal for him, as if it were a vast plain under a flaming sky
How did Lombroso describe the born criminal?
scarred with the stigmata of crime, which includes traits such as a small skull, slanting forehead, jutting jaw, jug ears, insensitivity to pain, vanity, religiosity, and a tendency to insanity
What is the fate of the primitive born criminal according to Lombroso?
primitive born criminal is doomed to repeat crime for his entire life
What type of traits did the born criminal possess?
atavistic traits
What percentage of criminals did Lombroso believe were programmed from birth to commit crime?
up to 70%
How did Lombroso suggest the born criminal type (delinquent-nato) could be identified?
identified by a trained observer through outward anatomical and physiological signs or ‘stigmata’
What does the term ‘stigmata’ refer to in Lombroso’s theory?
physical traits and characteristics that he believed were indicative of a born criminal
How does Lombroso describe criminals?
physiognomic fashion, focusing on physical characteristics
What specific traits does Lombroso attribute to murderers?
the eye have a glassy look, cold and immobile but sometimes bloodthirsty and bloodshot. The nose, often aquiline or hooked like one finds on a birds of prey, is always prominent. The jaw is robust; the ears long; the cheekbones wide; and the hair is frizzy, abundant and dark. Quite often there is no beard, the canine teeth are highly developed and the lips thin
what are 10 characteristics of criminals according to Lombroso?
- unusual size or shape of the head
- strange eyes
- facial asymmetry
- extended jaw and jaw bone
- too big or too small ears
- full lips leaned forward
- abnormal teeth
- wrinkled skin
- nose curled up - thieves had flat nose, murderers had a beak nose
- too long, too small or flat chin
what was the title of Lombroso’s book on criminal women?
The female offender: La Donna Delinquente
who was the co author of Lombroso’s criminal women book?
Gina Ferrero - his daughter !!
what are the 9 characteristics of a criminal women according to Lombroso?
- overly close eyes
- receding forehead
- small head
- ears to tightly attached to the head
- numerous deep premature wrinkles
- crooked lips
- a flat, crooked curving outwards nose
- a receding chin
- a virile physiognomy
what did Lombroso and Ferrero refer to women as?
a true monster, honest women are kept in line by factors such as maternity and weakness; when a women commits a crime despite these restraints, this is a sight that her power of evil is immense
What are the two key ideas related to Lombroso that are worth mentioning?
- moral insanity
- heredity
How is moral insanity defined?
a person who possessed an abstract awareness of right and wrong, but were compelled to do certain things anyway
What are the characteristics of moral insanity according to Lombroso?
madness, consisting in a morbid perversions of the natural feelings, affections, inclinations, temper, habits, moral disposition, and natural impulses, without any remarkable disorder or defect of the interest of knowing and reasoning faculties, and particularly without any insane illusion or hallucinations
How did Lombroso respond to critiques of his concept of atavism?
expanded his list of physical and psychological conditions that predisposed certain individuals to commit crimes
what did lombroso associate moral insanity with?
born criminals and individuals with epilepsy
What does Lombroso conclude is the principal cause of criminal tendencies?
heredity is the principle cause of criminal tendencies
what are biological positivists interested in?
heredity, genetics and physical characteristics
how do sociological positivists view human nature and social conditions?
they have a static vision of human nature, social order, and social change, and they believe that crime resulted from flawed social conditions
which type of positivism has dominated criminology?
sociological positivism
Was Lombrosian thought exclusive to Lombroso?
no
had Lombrosian ideas already been broached by a range of individuals working within the CJS in the UK prior to a monopoly on criminal man?
yes
which 2 key figures could write, quite unguardedly about ‘the genuine criminal’ and ‘the criminal class’ variously calling them ‘morally insane’, ‘degenerate’, ‘defective in physical organisation - from hereditary causes’ and ‘incurable’ in a way which is, for all the world, Lombrosian before Lombroso
- Henry Maudsley
- J. Bruce Thomson
when was the emergence of alienists and prison doctors?
long before Lombroso’s work
what were the emergence of alienists and prison doctors trying to do?
identify and classify criminals through the use of scientific methods (positvist thinking)
where were the 3 key figures in the emergence of alienists and prison doctors?
- David Nicolson
- G Wilson
- James Bruce Thomson
what was J Bruce Thomson particularly interested in?
the hereditary nature of crime
who did J Bruce Thomson study which led to him publishing ‘on the hereditary nature of crime’?
5000 prisoners, meaning hereditary was very important to Thomson
what were all criminals like according to Thomson?
a set of coarse, angular, clumsy, stupid features and dirty complexions
what were criminal women like according to Thomson?
ugly in face and action without the beauty of colour or grace or regularity of features a sinister and repulsive expression in look and mien
what does the author observe in post-mortem examinations of prisoners?
an accumulation of morbid appearances
how many diseases do the prisoners typically die from, according to the author?
scarcely one; almost every organ is diseased
what is the author’s reaction to the prisoners’ health conditions?
they wonder how life could be supported in such a diseased frame
what year was this observation made?
1870
where did David Nicolson work?
Portsmouth prison
what was Nicholson also working to do alongside the prison?
distinguish between the accidental and habitual criminal, like his contemporaries
what did Nicholson describe the habitual criminal as?
an unmistakable physique with rough and irregular outline a massiveness in the seats of animal expression
what did Nicholson describe the accidental criminal as?
differs little or nothing from the ordinary run of mortals
what did Nicholson describe the habitual and thorough criminal as?
an unmistakable physique with rough and irregular outline a massiveness in the seats of animal expression. his physiognomy is distinctive and seems to be very embodiment of grossness and unworthiness
what are Nicholson’s 2 categorisation of criminals?
- fit for prison discipline
- unfit for prison discipline
what 2 types of criminals are fit for prison discipline?
- accidental or causal criminals - mental condition within ordinary range
- habitual or thorough criminals - mostly unintelligent, wilful and impulsive
what 2 types of criminals are unfit for prison discipline?
- weak-minded criminals - evidence of a mind morbidly defective or disturbed, requiring the relaxation of prison discipline
- insane criminal - irresponsible and fit for certificate
what did measure of 464 criminals in convict prisons?
heads
what conclusion did G Wilson reach from his measuring of prisoners heads?
40% of his sample turned out to be invalid with a concentration in the ‘professional thief class’
what did habitual criminals show according to Wilson?
well-marked signs of insufficient cranial development, particularly anteriorly
what did Wilson fine regarding physical abnormalities and signs of physical degeneration?
bullet heads, low brows, projecting ears, weasel eyes … a morbid condition of the brain or other organs in the shape of tumours, cancers, ulcerations of irritating secretions which have fully accounted for mental or moral defects
what is a critic of Lombroso regarding criminal anthropology?
most respected English commentators were extremely critical of his claims even during the height of Lombroso’s influence in continental Europe
who are the main groups mentioned that were involved in the criminal justice system at the turn of the 19th and 20th centuries?
prison administrators and doctors, medical practitioners and researchers, lawyers and clergymen
what was the general awareness of Lombroso’s work among those in the criminal justice system?
they knew little or nothing about his work
how did those who were aware of Lombroso’s ideas generally react to them?
tended to be incredulous about his ideas and indifferent to his proposals for penal policy
what does this passage suggest about the acceptance of Lombroso’s theories?
suggests there was skepticism and a lack of interest in his ideas among key figures in the criminal justice system
what does David Nicolson say about the portrayal of criminals by some writers?
he believes it is exaggerated to distortion and unfair regarding the many
how does Nicolson describe the conclusions or assumptions made about criminals?
he considers them to be neither authentic nor authoritative
what does Nicolson argue against in terms of labelling criminals?
he argues against stamping ‘criminals’ as lunatics or quasi-lunatics
what reason does Nicolson give for why criminals might choose thieving?
he suggests they prefer it, despite the risks, over more laborious and reputable ways of maintaining themselves
what is one key point about the relationship between classicism and positivism?
there are no sharp discontinuities and clear-cut distinctions between them on all matters.
how did classical ideas influence the development of science?
the classical affirmation of human abilities and freedom of expression helped push science to the forefront as a method for gathering knowledge
what significant shift did classicism contribute to in terms of belief systems?
it involved an abandonment of supernaturalism and an embrace of the natural system
what did positivism do to classical principles?
positivism did not disprove or destroy classical principles
what shift in focus did positivism bring about in criminology?
it shifted emphasis from crime and penology to the individual offender
how did positivism benefit criminologists in their understanding of criminality?
it enabled them to escape the excesses of a simplistic free-will interpretation of criminality
who pioneered the use of the visual in criminology?
Cesare Lombroso
what unique method did Lombroso use to illustrate his arguments?
photography and imagery
how is Lombroso viewed in the context of visual criminology?
he is often considered the first visual criminologist.
what did Rafter (2014) say about Lombroso’s use of visuals?
“No criminologist has ever drawn more heavily on the visual, or revelled more in the imagery of crime.”
how did the Classical School define crime?
in legal terms
what was the impact of Lombroso’s visual methods on later criminology?
his approach influenced how visuals are used to communicate ideas about crime.
what did the Positive School reject regarding the definition of crime?
the legal definition of crime
what was the focus of the Classical School?
crime as a legal entity
what did the Positive School focus on instead of legal definitions?
the act as a psychological entity
what concept did the Classical School emphasise?
free will
what concept did the Positive School emphasise?
determinism
what did the Classical School theorise about punishment?
it has a deterrent effect
what did the Positive School suggest should replace punishment?
a scientific treatment of criminals calculated to protect society
what is the scientific method in criminology?
the application of natural science principles to social problems.
what is the distinction made in the scientific method?
fact vs values
what are key components of the scientific method?
scientific methods and hypothesis testing
what is the method of discovering knowledge in the scientific approach?
empiricism
what do scientific methods aim to uncover in criminology?
causes and explanations that go beyond free will
what principle suggests that behaviour is determined by factors beyond individual control?
determinism
what does differentiation refer to in the context of criminology?
the distinction between different types of criminals or criminal behaviour
what does pathology imply in relation to criminal behaviour?
it can be seen as a form of illness or dysfunction
what does the denial of responsibility mean in criminological theory?
the idea that individuals may not be fully accountable for their actions due to external influences
what is the focus of the principles of cure and rehabilitation?
the belief that offenders can be treated and rehabilitated rather than simply punished