Classical Vs Positivist school of criminology

The classical school of criminology

Is a set of ideas that focuses on deterrence and considers crime the result of offenders free will

Two basic tenets of classical thought are that

1. Criminal offenders freely choose to break the law and that
2. Punishment should be only as serious as the offense

Classical criminology ignores offenders rationalizations and excuses and instead punishes them for

For their behavior

Like beccaria, Bentham advocated a new way of dealing with crime based upon the concept of

utilitarianism

Utilitarianism principles argued that

Ethical behaviors allows the greatest number of people to benefit and society is in much better shape when all benefit , than when each individual looks out for only his/her interest

utilitarianism

Idea based on the principal of "the greatest good for the greatest number". Jeremy believed that this principle should be applied to every nation government, economy, and judicial system

Rational choice theory has it roots in the

classical school of criminology

Classical thinkers aimed to bring

humanitarian reform to the legal system

classical thinkers sought change not to make life easier for offenders but to

protect society from harm done by those of offenders

Cesare Beccaria

laid the foundation for the classical school of thought with the idea of free will

Cesare Beccaria believed that because people choose to commit crimes, they are

accountable for their actions

Cesare Beccaria believed that humanity is

is very selfish and do things that are in our own self-interest

Cesare Beccaria believed that the purpose of criminal laws should be to

maintain social order and curb criminal behavior

Cesare Beccaria believed that the only way we can control a rational person is through

punishment

Cesare Beccaria believed that the right punishment is not based on revenge, its based on

deterrence

Cesare Beccaria believed that in order to deter, punshinment must be

1) Swift- (you cant wait forever to punish someone)
2) Certain- (they have to believe that they'll get caught)
3) Sufficiently severe

deterrence theory

the idea that the threat of punishments will discourage people from committing crimes

Cesare Beccaria was a big advocate of

fairness, justice and equality

Why did Cesare Beccaria believe that the power of judges should be limited

We should limit the power of judges so that they didn't have discretion to eliminate bias. the only thing we should look at when sentencing someone is the criminal act.
-The legislature make laws and the judge determines guilt

Cesare Beccaria believed that punishment should not be cruel and usual but

proportionate to the crime

Cesare Beccaria believed that people are innocent until

until proven guilty

Cesare Beccaria believed that individuals perform a moral calculus when deciding whether to break a law, meaning that

individuals act to maximize pleasure and minimize pain

Cesare Beccaria believed that prevention of crime is more important than

than the punishment of crime

Jeremy Bentham classical school of thought was based on

1) Utilitarianism
2) hedonism (Pursuit of pleasure)
3) Pleasure/Pain principle

Jeremy Bentham said that crime is driven by

human choices and we weigh the pleasure and pain of an action

Jeremy Bentham believed that people decided to act based on

what they believe will bring them the greatest amount of pleasure and least amount of pain

Because of free will, Jeremy Bentham believed that humans (we) are able to

are able to make rational choices and calculated decisions

Founder of Hedonistic Calculus

Jeremy Bentham

According to Jeremy Bentham, a offender does what before breaking the law

A offender does a hedonistic calculus, in which he/she calculates breaking the law by weighing the benefits/costs of their action

Rational choice theory

teaches that crime is rational and people make rational choices before committing a crime or engaging in deviant acts

Rational choice theory defines crime as

Rational behavior

Jeremy Bentham had the goal of producing

producing hierarchy of punishment to deter crime (idea of proportionality)

Positivism

branch of criminology that explains criminal behavior in terms of biological, psychological, and sociological factors

a) People commit crimes because of factors beyond their control
b) no opportunists
c)influenced by culture, environment, and peers
d) rehabilitation
e) scientific method

Positivist school of criminology

Positivist thinkers believed that strong influences, such as the environment promotes people to

promotes people to commit crimes

rational choice theory addresses the crime problem

1) situational crime prevention
2) deterrence
3) incapacitation

incapacitation

confinement or isolation from society

deterrence

the discouragement or prevention of crimes through the fear of punishment

Variations of rational choice theory

1) Situational crime theory
2) Routine activities theory

Situational crime theory

The decision to commit a crime is influenced by opportunity, risk, and the benefits attached to the crime

Routine activities theory

the decision to commit a crime is limited t the victim and offenders lifestyle

The school of thought that argues that humans do not have free will, that their behavior is determined by biological, sociological and psychological factors

Positivist school of criminology

positivist thinkers believe that the criminal justice system should

should try to rehabilitate offenders

Cesare Lombroso (Positivist school of criminology)

Italian thinker who stressed the biological roots of crime and argued that there was a such thing as "born criminal

Body types (Biology-Positivist school of criminology)

humans can be divided into three basic body types pr somatotypes
1)Endomorph- excessive fat and extrovert
2) Mesomorph- extremely active and aggressive
most likely to be involved in serious criminal activity
3) Ectomorph - thin body type and introvert (lo

Positivist biologist thinkers also linked criminality as

as an inherited trait

psychological theories (Positivist school of criminology)

1) Low IQ causes crime
2) Freud theories ( Id, ego, super ego)
3)mental illness and crime
4) psychopathic traits

Sociological theories of crime (Positivist school of criminology)

1) Social disorganization
2) Social ecology/ Concentric zone theory
3) Strain/Anomie theory
4) Control theory
5) Social learning theory
6) Modeling theory
7) Differential association
8)Reinforcement theory
9) labeling theory
10) conflict theory

Crime stems from certain community or neighborhood characteristics (poverty, unemployment etc.)

Social disorganization

Crime increases toward the inner city areas. people living in these areas lack sense of community

Concentric zone theory

High rates of crime and other problems persists within the same neighborhood over long periods of time regardless of who lives there

Social ecology

Coined by Emile Durkheim to explain suicide in french society and later applied by Robert Merton

Anomie theory

Anomie

state of normlessness or norm confusion within society

Robert Merton version of anomie theory looks at

American society and what happens when an individual realizes that not everyone can achieve the American Dream

Argues that deviance occurs when a society does not give all its members equal ability to achieve socially acceptable goals

Roberts Merton Strain Theory

Strain

much like stress: being unable to reach the goal of wealth and success (American dream) creates strain with social mores, personal strain and strain with family.

Roberts Merton argued that material wealth is an overreaching goal in American society as a result people may feel worthless if they do not reach this goal and believe they must

they must commit a crime

Instead of asking why people commit crimes? this theory seek to explain "why they don't do it

Control theory

According to the control theory, four reason why people don't commit crime are

1) attachment
2) involvement
3) commitment
4) belief

a)criminal behavior is learned, just like anything else
b) crime is learned from environment/ socialization
c) you can learn from people you look up to or respect

social learning theory

a theory that believes that crime is simply a war between the have and the have nots. does not focus on individual behavior but treatment by the criminal justice system
For example- white-collar offenders is more likely to receive lenient treatment than t

conflict theory

people learn how to act by observing others

Modeling theory

Theories related to the social learning theory

1 modeling theory
2 differential association
3 reinforcement theory

crime is learned through interaction with antisocial peers

Differential association

Process of shaping behavior by controlling the consequences of the behavior

reinforcement theory

Theories under the classical school of criminology

deterrence theory

Theories under the neo-classical school of criminology

1) rational choice theory
2) routine activity theory

offenders calculate the advantages and disadvantages of breaking the law and what type of offense to commit

rational choice theory

negative labels placed on individuals allow society to treat them as deviants. These individuals internalize the labels and act upon this new diminished self concept

Labeling theory