#7 The Fundamental Schools of Thought in Explaining the Causes of Crime

Module#7

Lesson Title: The Fundamental Schools of Thought in Explaining the Causes of Crime

Lesson Objectives:

At the end of this module, you should be able to:

1. explain the concepts of the three schools of thought; and

2. discuss the explanation of crime in each of the pioneers of the schools of thought.

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

How’s your day! I hope you’re doing fine. Today our topic is quite fascinating since we will be talking about “The Fundamental Schools of Thought in Explaining the Causes of Crime.” By the way, do you have any idea about our topic this day? If you do have because this is already discussed to you then you were in first year level. I must say you’re doing great.

This module will unlock new topics. The learning objectives are you must have to: a) explain the concepts of the three schools of thought; and b) discuss the explanation of crime in each of the pioneers of the schools of thought. Are you excited there? Alright, you may begin with this first activity!

B.MAIN LESSON

1. Classical School

The classical school developed during the Enlightenment in response to excessive and cruel punishments to crime. It is founded by Cesare Beccaria, in full Cesare, Marchese pronounced as “Marquess” Di Beccaria Bonesana, an Italian criminologist and economist (Allen, 2018). He argued for more humanitarian forms of punishment and against physical punishment and the death penalty. He believed that punishment should fit the crime and not be excessive.

Along with Beccaria who pioneered the Classical School was Jeremy Bentham, an English philosopher, economist, and theoretical jurist, in his principle of utilitarianism in which he said, “Mankind was governed by two sovereign motives, pain and pleasure and the principle of utility recognized this state of affairs (Duignan, 2018). Bentham's Hedonistic calculus/Felicity involved weighing of pleasure versus pain. He admired Beccaria's work and believed that freewill allowed people to make calculated and deliberate decisions related to the pursuit of their own happiness.

A primary premise of the classical school was the fundamental equality of all people, which meant that every person should be treated equally under the law. Criminal behavior would be subject to similar punishment, and people had to know what categories of conduct were punishable. Punishable conduct would only be that which encroached on someone else’s freedom in violation of the social contract. No longer would status be a factor to receiving favorable treatment or more favorable punishment. It emphasized the principle that people have freewill to choose their behavior, those who violated the law were motivated by personal needs such as greed, revenge, survival and hedonism. Despite knowing that, that act is wrong still he committed it, then he must be punished. It defined crime in legal terms and within the strict limits of criminal law and focused attention on crime as a legal entity. It further believed in the doctrine of nullum crimen sine lege, no crime without a law. The law assumes the responsibility of the individual for his voluntary conduct. It advocated a definite penalty for each crime. It theorized that punishment had a deterrent effect (Jeffery, 1959). Classical School’s main principle is that, “Let the punishment fit the crime”.

2. Neo-Classical School

The neo-classicist school emerged, in large part, to remedy some of the problems created by the classical school.

According to Taylor, Walton and Young, contradictions in classicism presented themselves in universal penal measures and in day-to-day practice. “It was impossible in practice to ignore the determinants of human action and proceed as if punishment and incarceration could be easily

measured on some kind of universal calculus: apart from throwing the working of the law itself into doubt (e.g. in punishing property crime by deprivation of property) classicism appeared to contradict widely-held commonsensical notions of human behavior.”

Classicism concentrated on the criminal act and ignored individual differences between

criminals. Neo-classicism still held that freewill is important, but that it can be constrained by physical and environmental factors. Thus, neo-classicists introduced revisions to account for problems presented in classicism:

• Allowing for mitigating circumstances by looking at the situation (physical and social environment) in which the individual had been placed.

• Some allowance was given for an offender’s past record. A court needs to take into account an offender’s criminal history and life circumstances when making a decision about someone’s sentence.

• Consideration should be given for factors like incompetence, pathology, insanity and impulsive behavior. Also, certain individuals, such as children and the mentally-ill, are generally less capable of exercising their reason. Its fundamental notion is, “Let the children and lunatic criminals be exempted from punishment.”

3. Italian or Positivist School

The positivist school opposed the classical school’s understanding of crime. All people are different, and thus vary in their understanding of right and wrong; this needed to be a barometer for punishment. The person and not the crime should be punished.

“Positivism saw its role as the systematic elimination of the free will ‘metaphysics’ of the classical school—and its replacement by a science of society, taking on for itself the task of the eradication of crime,” Ian Taylor, Paul Walton and Jock Young wrote in “The New Criminology: For a Social Theory of Deviance.” This new, deterministic movement was consolidated by Enrico Ferri, who championed the approach then being employed by an Italian military physician, Cesare Lombroso.

The “positive” method consisted of carefully observing the characteristics of criminals to gain insight into the causes of antisocial conduct or behavior. Ferri did not endorse all of Lombroso’s conclusions, such as that some people are born criminals and that some physical features, like the shape of a person’s head or the placement of one’s cheekbones, can predict criminal behavior. However, Ferri adopted the inductive method and set out to create a science that would explain the causes of crime within society and the individual offender.

The Italian or Positive School developed in the nineteenth century as an attempt to apply scientific methods to the study of the criminal while rejecting the legal definition of crime. This was basically made possible because of the contributions of the three (3) respective experts in the person of Cesare Lombroso, and his two students, namely: Raffaele Garofalo and Enrico Ferri. This school based the study of criminal behavior on scientific determinism-which explained that every act had a cause.

Lombroso studied the remains of executed individuals who had been convicted of crimes and came up with the theory of born criminal which stated that criminals are a lower form of life, nearer to their apelike ancestors than non-criminal in traits and disposition.

Raffaele Garofalo traced the roots of criminal behavior which is not in physical features but to their psychological equivalents, which he called “moral anomalies.” Garofalo defined crime, not as a violation of a law, but as a violation of nature.

Enrico Ferri argued that criminals should not be held morally responsible for their crimes, because they did not choose to commit crimes rather, were driven to commit crimes due to economic, social and political factors (moral responsibility).The purpose of criminal justice was to afford maximum protection or defense of society against the criminal.

Positivism’s focus on the individual may have been the greatest contribution to criminology and the criminal justice system. It led to classifications of offenders, such as habitual criminals, as well as categories between insanity and sanity. It also led to the use of psychology in studying offenders, opening the way for different kinds of sentences and treatments that fit the criminal and not the crime. Italian or Positivist School’s main notion is that, “Let the punishment fit the criminal.” Read further pages 25-29 of your textbook for this topic.

Summary

1.    Classical School

Ø  Pioneered by Cesare Beccaria an Italian jurist and Jeremy Bentham a British philosopher

Ø  The two primary doctrines are:

ü  Freewill by Cesare Beccaria, which stated that man is entirely unrestricted in his ability to choose between good and evil or man has the capacity to choose what is right and what is wrong.

ü  Hedonism that was introduced by Jeremy Bentham. A philosophy where people choose pleasure and avoid pain.

2.    Neo-Classical School

Ø  This school maintained that while classical doctrine was correct in general, some of its detail should be modified to include:

ü  Children and lunatics should not be regarded as criminals; hence they are free from punishment.

3.    Italian or Positivist School

Ø  The founding of the Positivist School or Italian School is credited to Cesare Lombroso, Enrico Ferri, and Raffaele Garofalo

Ø  Emphasized on the scientific treatment of the criminal, not on the penalties.

This school promoted the Doctrine of Determinism which stated that man’s choices, decisions and actions are decided by antecedent causes, inherited or environmental, acting upon his character.

FAQs

 

Q1. What is the meaning of fundamental?

Answer: Fundamental means something that is basic.

Q2. Why is there a classical school; there is also classical theory? Is it the same?

Answer: It depends. If the question is asking for the school then the answer would be classical school but if it’s theory then the answer is classical theory. But it’s thoughts are the same.

Q3. Can we still use the theory of born criminals? I think it’s obsolete.

Answer: For purposes of academic consumption still we can use the theory in explaining the causes of crime though it is not really that applicable today.

Congratulations! That’s enough for today; study the modules 1-7 in preparation for your P1 Exam. Thank you!