Introduction To Criminology
Introduction To Criminology
Introduction To Criminology
CRIMINOLOGY
CRIMINOLOGY
according to Edwin H. Sutherland, “criminology is the entire
body of knowledge regarding crime as a social phenomenon.
It includes within its scope the process of making of law, of
breaking of law and the society’s reaction towards the
breaking of laws.”
This theory however, does not give any distinction between an adult and a
minor or a mentally-handicapped in as far as free will is concerned.
Founders of classical school of criminology are Cesare Beccaria and Jeremy
Bentham.
Cesare Beccaria (Cesare Bonesana Marchese di
Beccaria) (1738-1794)
Best known for his essay, “On Crimes and
Punishment” which presented key ideas on the
abolition of torture as legitimate means of
extracting confession.
His book contains almost all modern penal
reforms but its greatest contribution was the
foundation it laid for subsequent changes in
criminal legislation.
His book was influential in the reforms of penal
code in France, Russia, Prussia and it influenced
the first ten amendments to the US Constitution.
“Father of Criminology”
Beccaria’s beliefs:
- People want to achieve pleasure and avoid pain
- Crime provides some pleasure to the criminal
- To deter crime, he believed that one must administer pain in an
appropriate amount to counterbalance the pleasure obtain from
crime.
- Famous in sayings “let the punishment fit the crime” (lex talionis,
commensurate)
HIGHLIGHTS OF CESARE BECCARIA’S IDEAS
REGARDING CRIMES AND THE CRIMINAL JUSTICE
SYSTEM
1. In forming a human society, men and women sacrifice a portion of their
liberty so as to enjoy peace and security.
2. The law must specify the degree of evidence that will justify the detention
of an accused offender prior to his trial.
3. Criminal law must be clear and certain. Judges must make uniform
judgements in similar crimes.
4. To torture accused offenders to obtain a confession is inadmissible.
5. Capital punishment is inefficacious and its place should be substituted life
imprisonment.
6. It is better to prevent crimes than to punish them. That is the chief
purpose of all good legislation.
Jeremy Bentham (1748-1832)
- His contribution to classical school of criminology is the
concept of utilitarianism and the felicific calculus.
Utilitarianism – is a philosophy which argues that “what is
right is the one that would cause the greatest good for the
greatest number of people”.
Felicific Calculus or the Pleasure and pain principle – is a
theory that proposes that individuals are human
calculators who calculate the consequences of his actions
by weighing the pleasure (gain) and the pain (suffering) he
would derive from doing the action.
- Proposed “utilitarian hedonism” which explains that the
person always acts in such a way to seek pleasure and
avoid pain.
- He reasoned that in order to deter individuals from
committing crimes, the punishment, or pain, must be
greater than the satisfaction, or pleasure, he would
gain from committing the crime.
3. NEOCLASSICAL CRIMINOLOGY (MODIFIED CLASSICAL)
This theory modified the doctrine of free will by stating that free
will of men may be affected by other factors and crime is committed
due to some compelling reasons that prevail. These causes
incompetence, insanity or any conditions that will make it
impossible for the individual to exercise free will entirely. In the
study of legal provision, this is termed as either mitigating or
exempting circumstances.
4. POSITIVISM/ITALIAN SCHOOL OF CRIMINOLOGY
- The term “positivism” refers to a method of analysis based on the collection
of observable scientific facts.
- Positivist believe that causes of behavior can be measured and observe
- It demands for facts and scientific proof, thus, changing the study of crimes
and criminals into scientific approach.
- Positive theorists were the first to claim the importance of looking at
individual difference among criminals. These theorists who concentrated on
the individual structures of a person, stated that people are passive and
controlled, whose behavior are imposed upon them by biological and
environmental factors.
August Comte
- Was a French philosopher and
sociologist and is believed to be the
one who reinvented the French term
“sociologie”
- He was recognized as the “Father of
Sociology and Positivism”
- Founder of Positivism
Cesare Lombroso
- Recognized as the “Father of Modern
and Empirical Criminology” due to his
application of modern scientific
methods to trace criminal behavior,
however, most of his ideas are now
discredited.
- Known for the concept of atavistic
stigmata (the physical features of
creatures at an earlier stage of
development).
4 classes of criminals according to Lombroso:
1. Born criminals – individuals with at least five atavistic stigmata (ape-like)
a. Dark skin
b. Huge jaws and cheekbones
c. Strong canine teeth
d. Nose twisted
e. Unusual ear size
f. Arm span is often greater than height
g. Fleshy lips
2. Insane criminals – those who became criminals because of
some brain defect (psychological problems) which affected their
ability to understand and differentiate what is right from what is
wrong.
3. Criminaloids– those with makeup of an ambiguous group that
includes habitual criminals, criminals by passion and other
diverse types.
4. Pseudo criminals – criminals who have committed a crime by
self-defense.
Enricco Ferri
- He focused his study on the influences of
psychological factors and sociological
factors such as economics, on crimes.
- He believed that criminal could not be
held morally responsible because they did
not choose to commit crimes, but rather
were driven to commit crimes by
conditions in their lives.
Raffaele Garofallo
- He treated the roots of the criminal’s
behavior not to physical features, but to their
psychology equivalent, which he referred to
as moral anomalies.
- He rejected the doctrine of freewill
- Classified criminals as murderers, violent
criminals, deficient criminals, and lascivious
criminals.
HOLY THREE IN CRIMINOLOGY (Garo-Fe-lo)
1. Rafaelle Garofallo
2. Enricco Ferri
3. Cesare Lombroso