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Classical Vs Positivist School of Criminology
There have been many theories that have contributed to the development of criminology. The classical school of criminology theories investigate free will and rehabilitation, Bentham and Beccaria were influential theorists in classical criminology. The positive school of criminology theories explore biological explanations for crime. Lombroso was a key figure within positive criminology and is credited as the father of criminology.
During the 18th century in the Age of Reason and the Enlightenment classical criminology was established. Classical criminology focused on the idea that people had the free will to commit crime and that people evaluate the risks to determine their actions. The classical school brought the progressive thoughts of radicalism and utilitarianism. Classical criminology promoted decency, and fair treatment rather than punishment. Classical criminology had great effect on criminological theory, also on criminal justice practice. Classical thinking changed the way punishment was given. Punishment given fitted the crime, the use of capital punishment decreased, this included the use of torture and corporal punishment. In Cesare Beccarias thesis Crimes and Punishment, he stated that criminology should focus on social control and order over moral and religious beliefs. Beccaria felt that punishment should be appropriate to the crime committed. Some of the core principals of classical jurisprudence as stated by Beccaria are that the extreme use of punishment does not discourage criminal behavior, he believed it increased it. He also believed that the severity of the crime should determine the punishment handed out and, that punishment should be carried out quickly and effectively, to create a close connection between crime and punishment. Beccaria had three concepts to reform the criminal justice system. Certainty, how probable it is that punishment will occur. Celerity, how quickly punishment is carried out. Severity, how much punishment is carried out. Beccaria felt that the criminal justice system to be harsh, unfair and that the punishment wasnt based on the crime, it was based on the individual giving out the sentence. Beccaria believed that punishment should only be handed out to deter others from committing crimes.
Classical criminologist Jeremey Bentham believed that punishment was required, however he agreed with Beccarias thinking that punishment should fit the crime. Bentham felt punishment shouldnt inflict too much pain, only enough to deter crime. Bentham and Beccaria wrote about the pleasure pain principle. Bentham and Beccaria believed in the idea that individuals think about the pleasure they would receive carrying out actions and avoiding pain. They felt individuals broke the law in the hopes to receive something of value, such as money. Bentham believed that to deter crime that the pain of the punishment had to exceed whatever pleasure was given from committing crime. Bentham came up with the idea of panopticon prison model. The panopticon is a circular building designed to be able to watch prisoners and observe their behaviors. Bentham was shocked by the barbaric conditions of prison systems, so Bentham designed the panopticon system to improve the failing prison systems. Due to the way the panopticon was designed ensured that the prisoners were under constant surveillance. Bentham stated that due to the constant surveillance, that it would be illogical for the prisoners to act in a criminal way, whilst being closely watched.
In comparison, the positive school of criminology which was founded in the 19th century focused on the theory that crime wasnt a choice, that it was a result of biological aspects. Cesare Lombroso is often referred to as the founder of positivist criminology. In contrast to the ideas in classical criminology of free will and prevention of crime, Lombrosos theories focused more on identifying the physical attributes of the criminal man rather than looking at ways to deter crime. Lombrosos criminal typing drew on the thoughts of Charles Darwin, he discovered that criminals shared various physical attributes. Lombrosos theories linked to biological positivism which concentrated on physical features and appearance. Lombrosos criminal typing was popular at the time due to the deep-rooted cultural prejudices, this theory also appealed to the upper classes as it fitted their view of the criminal classes (Maguire, Morgan, Reiner, 2002). Lombroso believed that criminals had certain physical characteristics such as thieves had flat noses, murders had beaklike noses and that head shape and size contributes to criminal behavior. This indicates that Lombroso believed that you were born a criminal, and if you had these physical features you were predisposed to have criminal behavior. Lombroso believed that females were less advanced than men. He described the normal woman as being a decent mother, powerless and reliant on men. Lombroso used biological facts such as womens brain and bodies being a smaller size, to suggest that women are subordinate to men. Lombroso believed that criminal behavior in women stemmed from sexuality, thus making prostitution the most common crime committed by females. Lombroso stated that women mainly became prostitutes due to sexual desires, rather than other social explanations. Lombroso described prostitutes as having physical attributes such as small foreheads, over-weight and being lefthanded.
Bentham and Beccaria theorists within the classical criminology both disapproved of the death penalty. Lombrosos thinking completely differs from Beccaria and Bentham. Lombroso agreed with the death penalty as he felt society had the right to protect itself from those who commit crime. Lombroso believed that criminals were atavistic as they had stopped developing at an early stage, meaning there was no chance of rehabilitation.
In conclusion, although the classical school of criminology and the positive school have differing theories. They were all still prominent in the development of criminology. Our justice system and penal laws have been influenced by ideas from classical criminologists Beccaria and Bentham. Positive criminologist Lombroso has gone on to influence other criminologists such as Ferri and Garofalo. The most significant difference between these schools of criminology is that classical school is primarily founded on free will and claims crime is a choice. Whereas positive criminology insists that crime is a result of factors outside of the individuals control, such as physical appearance.
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