Transcript Correctional Theory: Past to Present

CRIMINOLOGICAL THEORY:
PAST TO PRESENT
Essential Readings
5th Edition
Francis T. Cullen, Robert Agnew, and
Pamela Wilcox
PART I. The Origins of Modern
Criminology
• In the past, criminological theory was dominated by demonic
perspectives
• Crime was the result of supernatural forces
• “The devil made me do it”
• Led to harsh sanctions for wrong-doers
• Burn alive, exorcisms, purge body of evil spirits
The Emergence of Classical Theory
• Demonic perspectives dominated until 1700s
• Age of Enlightenment
• Challenged by the “classical” criminologists
• Most prominent classical criminologist was Cesare Beccaria
• An Essay on Crimes and Punishments
Beccaria: An Essay on Crimes and
Punishments
• Presents the first modern scientific theory of crime
• Published in 1764
• Foundation for classical
theory
• Draws heavily on Thomas
Hobbes
Classical Theory
• Developed in reaction to a harsh and corrupt legal system in the
1700s
• Judges interpreted laws to suit their personal interests, gave
arbitrary punishments, engaged in bribery
• Harsh sentences were often imposed
• Classical theorists saw the system as unjust and ineffective and
formulated proposals for its reform
• Judges should not interpret laws as they are not legislators
Classical Theory vs. Demonic
Perspectives
• Classical Criminology
• Crime caused by natural forces
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Demonic Perspective
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Crime caused by
supernatural forces
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Cannot observe or test
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Solve crime through
ridding individual of evil
spirits
• Can observe and test
• Prevent crime with swift, severe,
and certain punishments
Essential Ideas of Classical Theory
• Individuals:
• Are rational beings
• Pursue their own interests
• Often leads people to harm one another
• Attempt to maximize their pleasure and minimize their pain
• Enter into social contracts
• Agree to give up some freedom to the state to prevent harm
from occurring
• State enforces the social contract through creating and
establishing laws of the area
Essential Ideas of Classical Theory
• To control crime:
• Must deter people from criminal behavior (prevent others from committing
crime by punishing wrongdoers publicly)
• In order to be deterred, the pain associated with punishment must outweigh
the pleasure associated with crime
• Cost-benefit ratio
• To be effective, punishments must be:
• Known (universally read and understood)
• Swift
(more immediate, creates an association
between crime and punishment)
• Severe (but proportionate to crime committed)
• Certain (most important element)
Essential Ideas of Classical Theory
• Why some individuals commit
crimes while others do not is due
to the cost–benefit ratio
• Individuals evaluate the potential
pains of punishment and pleasures of
crime differently from other
individuals
Impact of Classical Theory
•
Became the basis for legal systems in the United
States, France, and other countries
•
Three lasting ideas based in classical criminology:
1. Laws should be applied to everyone equally
(blind justice)
2. Proper to just punish offenders
3. Control crime by increasing certainty and severity
of punishments
Three Problems with Classical Theory
1. Assumes everyone is motivated to engage in crime
through pursuit of self-interests
•
Modern-day theories often argue that individuals and
groups vary in their motivation
2. Assumes people are rational and engage in crime to
minimize pain and maximize pleasure
•
Today we treat different groups of offenders differently
(seen as less rational—juveniles, insane)
3. Other factors besides the swiftness, severity, and
certainty of punishment influence whether someone
does or does not engage in crime
Movement From Classical Theory to the
Positivist School
• Classical criminology dominated from late 1700s to late
1800s
• Attacked by the positivist school
• Crime rates were still increasing despite changes in the legal
system based on classical thought
• View of rationality challenged by biological sciences,
especially Darwin’s work
The Influence of Cesare Lombroso
• Challenged the view that criminals were rational, self-
interested individuals
• Argued that criminals were NOT normal and were
biologically different from noncriminals
• Criminals were “genetic throwbacks” or primitive
people in the midst of modern society
• Described criminals as “atavistic”
• The primitive/savage state of the individual
compels them to commit crime
Lombroso’s Experiments
• Worked as a physician in the army and the Asylum in
Pavia
• First idea came from examining skull of Vilella
• Conducted extensive examinations with criminals and
noncriminals
•
• In 1876, developed a list of
distinguishing between
noncriminals
traits
criminals and
Lombroso: The Criminal Man
• “Born criminals” —
Make up 1/3 of all
criminals
• Resembled a
stereotypical “caveman”
• Have qualities of our
ancestors
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Traits include:
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Large jaw
Large cheekbones
Strong canines
Scanty beard
Swollen/protruding lips
Arm span greater than height
Excessive wrinkling
Prehensile foot
Cheek pouches
Flattened nose
Hooked nose
Lombroso’s Later Research
• Became convinced that environmental factors also played
a role in crime
• There are several types of criminals (not just the “born
criminal”)
• Criminoloid—minor offenders
• Occasional offenders
• Habitual offenders
Evidence for Lombroso’s Theory
• His theory was too simplistic
• Pointed to gross biological features
• Argued biology often leads directly to crime
• These types of biological theories
eventually abandoned/discredited:
• Rigorously evaluated and found little
support
• Major policy implications of these theories
• Eugenics, breeding, and sterilization
The Positivist School of Criminology
• Lombroso’s work helped lay the foundation for the
“positivist school” of criminology
• Argues crime is due to forces beyond the individual’s
control
• Biological, psychological, or social forces
• Reliance on the “scientific method”
• Now dominates the field
Scientific Method
• The theories we develop must be tested against our observations
of the world
• Views the world in a systematic manner
HYPOTHESIS
FINDINGS
EXPERIMENTS
DATA (RESULTS)
Recent Resurgence of Biological Theories
• In recent years, biological theories have gained
prominence in the field
• However, they argue biology does NOT directly lead to
crime
• Rather, it increases the likelihood that individuals develop traits
conducive to crime
• Recognizes that biology is influenced by the social
environment
Summary
• Criminological thought was first dominated by
demonic approaches focused on ridding the
individual of evil spirits
• Classical theories then focused on the rational
human being and altering punishments to reduce
crime
• Finally, the positivist school focused on the biological,
sociological, and psychological differences among
criminals and noncriminals using the scientific
method