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

• Can observe and test

• Prevent crime with swift, severe, and certain punishments

Demonic Perspective Crime caused by

supernatural forces

Cannot observe or test

Solve crime through ridding individual of evil spirits

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 traits distinguishing between criminals and noncriminals

Lombroso: The Criminal Man• “Born criminals” —

Make up 1/3 of all criminals• Resembled a

stereotypical “caveman”• Have qualities of our

ancestors

Traits include: 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