SCHOOLS OF THOUGHT

BackgroundKey PremisesResponsibility of actions

Evaluation

CLASSICAL SCHOOL

BACKGROUND The "classical school" part of it is derived from the

similarity in thinking between those scholars and early Greek philosophy (Aristotle, Plato, etc.) which also put forth the importance of free will.

CESARE BECCARIA (1738-1794). It sought an emphasis on free will and human

rationality. The Classical School was not interested in studying

criminals, but rather law-making and legal processing.

Punishment is made in order to deter people from committing crime and it should be greater than the pleasure of criminal gains

KEY PREMISES OF CLASSICAL

All people are guided by free will All behavior is guided by hedonism (pleasure/pain

calculation) All crime is the result of free will and hedonism All punishment should fit the offense (equal treatment

under law) Bad people are nothing more that the result of bad laws All persons are equal before the law People are motivated by pleasure to commit crime and

avoid pain Crime is a voluntary act Punishment is essential Punishment must be proportionate Victims of crime were of no importance

RESPONSIBILITY OF ACTIONS Laws of today is classical in nature. Individuals weigh the probabilities of

present and future pleasures against those of present and future pain.

He believed then that punishment should be just a bit in excess of the pleasures derived from an act and not any higher than that.

EVALUATION Unrealistic in unequal societies /

economic conditions Ignored the victim Not all crime is free choice

ASSIGNMENT Give an example of action that is not

done by free choice, where someone could not be held responsible?

Support your argument with a case

SOCIAL MILIEU

BACKGROUND• Originates in 19th century Europe with the work of the “moral

statisticians” Guerry & Quetelet• Based on the regularities of the early national criminal statistics of

France, Belgium & England and early statistical comparisons of class & location

Guerry (1802-1866) french lawyer who looked at the first published stats

He used shaded ecological maps to represent different crime rates in realtion to various social factors

He concluded that poverty does not directly cause crime, he saw that the wealthiest areas had the highest crime, but the lowest violent crime

Quetlet (1796-1874) Belgian mathematician – he found that some people were more prone to commit crime, young males, poor, unemployed, undereducated

Found the same as Guerry, that even though this profile committed the crimes, they committed them in wealthier areas

Foudn that increasing the education did not assist, there was a need to increase moral education (Vold.G, 2002, pp. 21-26)

KEY PREMISES Divided into structural and process approaches: Structural: approach concentrates on the social structure

and organization of the community (Primary Groups (family) ) it is also focuses on economic systems, social disparities, family dysfunction, social disorganization and the geographical distribution of crime.

Process Approach focuses on how individuals become criminals (socialization and learning proceses)

Based on the juridicial conception of crime Main focus is the criminals environment It is assumed that improved social conditions will prevent

crime The criminal and the victim are basically ignored No concern with punishment and rehabilitation.

RESPONSIBILITY OF ACTIONS Stated to keep punishment the same as

Beccaria, but the government must also look at social reforms

That there needs to be moral education in the prisons

Takes the responsibility off the offender as it is not free will

EVALUATION• Positivism is the fundamental challenge to

the classical doctrine of free will but avoided assuming that social regularities determined crime levels and that these same factors determined individual offenders.

• Free will existed at the individual level but was constrained & limited by society & the environment.

External factors causes crime and criminals are seen as victims of social conditions with little control

Not all people react the same to social situations (Joubert, 2007, p. 17)

PROGRESSION FROM CLASSICAL TO POSITIVISM First annual stats were published in

1827 Became clear that the crimes stats

relatively the same How could this be if there is free will? Crime must be influenced by things

larger than just free will The stats also showed that recidivism

was increasing This started to show that crime /

people were being influenced by social factors (Void, G. Bernard, T and Snipes, J. 2002. 20)

POSITIVISM

BACKGROUND The "positivist school" was a social movement that existed

during the mid 1800s and early 1900s.  The term "positivism" refers to a method of analysis based

on the collection of observable scientific facts.  Its aim is to explain and (most importantly) predict the way facts occur in uniform patterns. 

Positivism is the basis of most natural sciences, and positivist criminology is the application of positivist methods to the study of people.

Many scholars began seeing hedonism and utilitarianism, for example, as rather oversimplified philosophies. 

Positivism is the search for other, multiple factors as the cause of human behavior. 

Most people believe the leading figure of positivist criminology (often called the father of criminology) was LOMBROSO (1835-1909). 

KEY PREMISES Emphasis is on the criminal, not the crime Human behavior is determined by Biopsychosocial

factors Crime and victimization may be prevented by medical

and psychological treatment and improvement of social situation

Punishment must be proportionate to the crime and where possible linked to treatment (Joubert, 2007, p. 18)

RESPONSIBILITY OF ACTIONS Dominated crime policy for many years As there is no such thing as free will –

crime research turned to the offender not the crime

People were treated individually by means of psychotherapy, medication, improved interpersonal relationship

In addition it started to look at other biological factors (paranoid schizophrenia)

EVALUATION Started looking at biological factors Being criticized now as crime is not

reducing Ignore the fact of why some crimes are

marked as deviant and others are not Garland (Joubert, 2007), states that it is

a science for the government Research reliability has been called into

question due to the fact that it is difficult to tell the difference between criminals and non-criminals

LOMBROSO

Lombroso's Checklist of Physiognomic IndicatorsUnusually short or tall heightSmall head, but large faceSmall and sloping foreheadReceding hairlineWrinkles on forehead and faceLarge sinus cavities or bumpy faceLarge, protruding earsBumps on head, particularly the Destructiveness Center behind earProtuberances (bumps) on headHigh check bonesBushy eyebrows

Large eyesocketsDeep, beady eyesBeaked nose (up or down) or flat noseStrong jawlineFleshy lips, but thin upper lipMighty incisors, abnormal teethSmall or weak chinThin neckSloping shoulders, but large chestLong armsPointy, webby, snubby fingers or toesTatoos on body

Lombroso maintained that there were 3 different types of criminals:1) Born Criminals (atavistic reversions)2) Insane Criminals (Alcoholics, imbeciles, epilepsy)3) Criminaloids (General – lack emotional / mental ability)

http://www.murderpedia.org/male.H/h/huskey-thomas-photos.htm

CRITICAL CRIMINOLOGY Looks at the political and economic structures of

discrimination and exploitation as causes of crime and the reasons why some actions are classified as crime and others not

Argument is that the acts unjustly and selectively by labeling some actions as crime and discriminating against the poor and the powerless

Apartheid Vold, Quinney, Turk, Walton, Taylor and Young Also known as liberal, radical, conflict Rejects the ideas of positivism and expands the juridical

crime concept by counting various forms of social bias and violation of human rights as crimes

Crime is seen as a rational and deliberate choice exercised by the offender

Question control in the hands of the government or the criminal justice system and believe that control should reside in the community

Main premises Rejects the juridical crime concept and the

traditional causes of crime seeing crime instead as a rational choice

State is selective and biased, focusing on some acts as criminal (those committed by powerless people)

Economic and political discrimination are seen as the causes of crime

Lawbreakers are the real victims because of oppression

Crime can be prevented by empowering people

FEMINIST CRIMINOLOGY Feminist criminologists point out that neither

positivist nor critical criminology explains the low crime rate among women

They take both the juridical and non-juridicial concepts of crime as their point of departure

Focus mainly on discrimination against women in the CJS

They point out hidden crimes against women (domestic violence, sexual crimes)

Considers it unjust to expect victims to protect themselves against crime Criticised because it cannot explain the causes of

inequality and the division of labour // men and women Radical feminism criticised for its assumption that male

dominance is universal Too much attention on crimes committed on women and

no enough attention on crimes committed by women

FACTORS FOUND IN A SPECIFIC COUNTRY Economic Constraints Low educational qualifications Great number of firearms in

circulation Rapid Urbanisation (without

necessary infrastructure) More outgoing lifestyle Multicultural population High alcohol and drug abuse rates Big population of young people Repeat victimisation among the

young

POSTMODERN

Developed in the 1980’s especially as an outcome to Critical

Postmodern however forms its own Integrated crime perspectives of a individualistic

and voluntaristic nature are of special focus and also it is not bound to a school of thought

Questions narrow definitions of convential concepts, such as the norm, values, culture

What is a norm?? Who should determine a norm? Points to the diverse legal and sociological

definitions of crime and maintains that these constructs should be “deconstructed” and replaced with perspectives more relevant to the postmodern era

Focus is on interdisciplinary and integrated explanations for crime that incorporate the complicated interaction between a number of complex factors (sociopolitical, biological, psychological)

Examples of this are the Lifestyle and routine activity, Gottfredson)

They also look at the universal factors that might contribute to crime

Van Dijik: Lists some of the factors (Pg 22) – the more factors found in a specific country the greater the risk of victimization

Which ones were found in South Africa 10 years ago and which ones are present today.

Postmodern also concentrates on the rightist and needs of crime victims, national crime prevention strategy, transnational and community based policing, restorative justice and community based punishment

Summarised as follows:Accepts both juridical and non-

juridicalNot bound to a schoolQuestions narrow definitionsRejects theories based on social

classAdopts an integrated approach to

exaplin crimeFocuses on universal determinantsVictims rights are of high

importanceEmphasizes transnational and

community based policing

CRIMINOLOGY IN AFRICA Following facts are important

Colonial powers forced a capitalist society European law focus is the individual while African law

focuses on the community Pre-colonial Africa focused on the victim Reconciliation and compensation were considered crucial

Contemporary Africa focuses on two types of victims – victims of convential crime and victims of oppression

Particular identification with bereaved persons who oppose domination of the imperialism, colonialism and powerful individuals

Asuni et al : rapid urbanization, squatting as NB reasons / factors for the causation of crime

Mushanga and Kibuka hold the view that to prevent crime we need to

Compulsory education for all Eradication of poverty Cleaning up of the slums Restoration of family values and norms

CRIMINOLOGY IN SOUTH AFRICA Support either positivist or critical criminology 1st South African Criminologist was Professors

Cronje and Willemse They started to concentrate on race and crime Many SA Criminologists now accept

contemporary point of view of crime Biological and Psychological crime theories are

generally accepted – Poverty and economic situation may differ

from country to country The following factors where set / identified

through the National Crime Prevention Plan adopted on 22 May 1996

School of Thought

Classical

Positivist

Critical Social Mileu

Feminism

Post Modern

Type of crime

Most appropriate punishment

Best suited rehabilitation