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Crime and Criminology

Crime and Criminology. Chapter 1 SOC 112. Criminology. scientific study of crime Concern throughout history - first developed = criminal law a. Physical characteristics - “evil” disposition b. Relationship = traits and behavior - Greeks. History of Criminology.

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Crime and Criminology

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  1. Crime and Criminology Chapter 1 SOC 112

  2. Criminology • scientific study of crime • Concern throughout history - first developed = criminal law a. Physical characteristics - “evil” disposition b. Relationship = traits and behavior - Greeks

  3. History of Criminology - skull of Socrates - alcoholism / brutality c. Greeks / Romans = red hair - deformed / disfigured d. Middle Ages - uglier - criminals born / not made - physical irregularities

  4. History, cont. - dellaPorta: Human Physiognomy - facial features / human behavior a. Early 1800s - Gall / Spruzheim - Science of Phrenology - “bumps on head” b. Benefits - introduced: biological factors into crime

  5. History, cont. - biological determinism • Criminology: 18th century - apply rationality / rule of law - CesareBeccaria / Jeremy Bentham - Classical School of Criminology a. Reaction against barbaric system (1789) - crimes against state / crown / church - some specific / others not

  6. Classical School - discretionary power / judicial level b. Laws unwritten - arbitrary / cruel sentences - ‘due process’ did not exist - punishment: torture - England: over 200 offenses / death c. Modern / industrial Europe - medieval penal practices

  7. Classical School - government violence to control - “inquisition” d. Educated class - inconsistencies of policy - mid-18th century: social reformers - Beccaria: Classical School • CesareBeccaria (1738 – 1794) - law degree

  8. Beccaria, cont. - reforms to modernize - (1763) prison research - works of: Voltaire / Montesquieu / Rousseau a. “On Crimes and Punishment” (1764) - called for: enlightened CJ system - people / rather than monarchy b. “Father of Criminology” - rule of men vs. rule of law

  9. Beccaria, cont. c. Following principles: - based on “Free Will” (1) Law used to maintain social contract (2) Only legislators should create laws (3) Impose punishment according to law (4) Judges should not interpret the laws

  10. Beccaria, cont. (5) Punishment based on pleasure / pain (6) Punishment based on act / not the actor (7) Punishment determined by the crime (8) Punishment should be prompt / effective (9) All people should be treated equally

  11. Beccaria, cont. (10) Capitol punishment abolished (11) Torture to gain confessions abolished (12) Better to prevent crimes than to punish d. Greatest impact on rule of law (1) Voltaire: wrote commentary for French version

  12. Beccaria, cont. (2) Six Italian editions / several French, plus English edition (3) After French Revolution: served as guide for French Penal Code (4) Russia: Catherine the Great / new legal code / translate principles

  13. Beccaria, cont. (5) Prussian king: revised Prussian law to principles (6) Austria-Hungary emperor: used book to ban capitol punishment (7) Influenced USA in writing first ten amendments

  14. Beccaria, cont. • European legal scholars / reformers - indebted to Beccaria a. Jeremy Bentham (1748 – 1832) - greatest happiness for greatest numbers b. Rational crime control - scientific approach: making/breaking laws c. “Utilitarian principles”

  15. Bentham, cont. - utilitarianism - “assumes that all human actions are calcu- lated in accordance with their likelihood of bringing happiness or unhappiness” d. Do what we perceive = happiness - utilitarianism / pleasure pain principle - weight probabilities - “human calculators” - put all factors into the equation

  16. Bentham, cont. e. 1820 to 1861: reduced capitol offenses - 222 to 3 - murder / treason / piracy • Neo-Classical School - spin off of Classical a. Questioned “free will” b. Age / insanity / literacy

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