Describe the basics of the Pre-18th Century Theories of Crime
Greatly inspired by religious beliefs and superstition
- widespread belief in evil spirits and magic
- people ascribed various unusual phenomena of nature to the activities of evil spirits
- this led to the belief that any pathology in human behaviour must also be due to evil spirits
What are the two Judeo-Christian explanations for the role evil spirits play in sinful behaviour
- Temptation:
- humans have free will and can choose their behaviour
- however, the devil tempts, and righteous believers are told they can resist the Devil through their faith
- those who are sinful and weak and morally inferior give in to temptation
- provided the basis for our ideas about deterrence: most people believe that the threat of severe punishment should be enough to persuade people to not commit crimes - Possession:
- wrongdoers are possessed by evil spirits
- evidence of guilt determined through trials is intended to differentiate between the righteous and the sinner
- severe and often fatal methods were used to rid a person of such spirits
Why did religious and political elites want to blame social problems on the devil and other evil spirits?
- they sought to silence rebellious people in times of social upheaval
- blaming the devil diverted attention from the failings of elites and placed blame on individuals who were “possessed” by the devil
- those in power made themselves indispensable by saying only they could stop the devil
Pre-18th century, what became a major scapegoat for anger and the issues of crime
WITCHES
- mostly women were accused, especially independent women not protected by a male (those challenging the status quo and were called heretics)
- witch hunts reinforced the power of the existing social hierarchy
How did the scientific revolution brought during the enlightenment cause a change in thinking?
The focus switched to systematic doubt, and empirical and sensory verification of ideas
- ideas shifted away from fanaticism and religious superstition to naturalistic explanation based on reason and the scientific method (observation)
- this prompted a more scientific approach to understanding crime and criminal behaviour
Describe the Enlightenment philosophers; view of society
- society is composed of free and rational human beings. This view lead to calls for more individual rights and freedoms
- people enter into a social contract; they agree to give up some freedom for a safer society
- not at all aligned with feudalism and a privileged nobility –> sparked big conflict between the aristocracy and merchants because what was useful for one was detrimental to the other
- this contributed to the movement throughout Europe to reform governance and criminal justice
What was The Classical School?
Considered the first formal school of criminology
- associated with 18th and early 19th century reforms to the administration of justice and the prison system
- brought the emerging philosophy of liberalism and utilitarianism to the justice system
- advocated for principles of rights, fairness, and due process in place of retribution, arbitrariness, and brutality
Describe Beccaria’s contributions to the ideas of The Classical School of criminology
Beccaria summed up the ideas of the times in An Essay on Crime and Punishments (1764)
- he took Hobbes contract theory and applied it to the justice system
- Beccaria criticized the cruelty, inhumanity, and arbitrariness of the current justice system
- didn’t question the need for punishment, but believed the laws should be designed to preserve public safety and order, not to avenge crime –> a properly-designed system would encourage people to be law-abiding
- to ensure a rational and fair system, punishments for specific crimes must be decreed by written criminal codes, and the discretionary powers of the judges reduced
- he helped focus the movement for humanitarian reform in Europe
In 18th century england, as many as _____ offences were punishable by death. What are some bizarre examples?
350
- 70% of death sentences were given for robbery and burglary
- cutting trees in a park
- shooting rabbits on crown land
- escaping from jail
- being disguised in a forest
- stealing a turnip
How do the roots of Classical theory lie in the Enlightenment?
Because classical theory also asserted Hobbes’ social contract theory
People voluntarily enter a social contract with the state
- they would give up some freedom for a safer society
- the state had to provide security but could not violate the rights of citizens –> thus, the harsh punishments for minor offences violated the contract because the state had no right to abuse citizens
- citizens were required to obey the rules or face punishment from the state
Reforms proposed by the Classical theorists were based on what new radical theory of the causes of crime?
- people broke the law because they thought that doing so would advance their own interests
- this theory was based on the assumption that people are rational beings who calculate the consequences of their actions
THUS, penalties will deter people from breaking the law
According to the classical theory of crime, what are the best strategies for punishments to deter people from committing crime
Justice must not be excessive and unfair (laws should be clear and simple); punishment should fit the crime and be proportional to the harm done to society
- this is the most effective deterrent and the fairest way to punish; anything more would break the social contract
- punishment should be severe enough that it would cost individuals more than they could gain from crime
- to be an effective deterrent, punishment should be swift and certain
- accused should be presumed innocent
What are some examples of specific reforms that were brought by the classical theory of crime?
- people were no longer executed for minor offences
- criminal matters should be dealt with in public according to the dictates of the law
- laws should be accessible to all (they should be clear and simple so people can understand them)
- the lawmaking power of the legislature should be separate from the role of judges
–> laws were set by legislatures while judges determined guilt and administered punishment
Which reforms from the classical school provided the foundation for progressive criminal law and the CJS in Canada?
- equality before the law
- guarantee of one’s rights
- establishment of fixed penalties
- due process safeguards
- separation of judicial and legislative systems
What were some limitations of the Classical School?
Equal punishments for the same crime did not…
- allow for flexibility
- factor in personal considerations or mitigating circumstances of individual offenders
Judges had no discretion:
- the same fine was levied to rich and poor
- they could not individualize sentences to each offender’s circumstances
*these limitations meant gross injustices ensued
other problems:
- more based on a theory of deterrence than on a theory of crime
- oftentimes the likelihood of punishment was very small and the time it took to get the punishment was long
- Oversimplified view of human nature - fully accepted the concept of free and rational human being → disregards realities faced by people as they make choices (inequalities, state of knowledge, etc.)
How did Neoclassical Theory address some of the limitations of the classical school?
Neoclassical theorists sought more flexibility in the justice system, such as individualizing sentences to take into account the following:
- offender characteristics (ex. age, socioeconomic status)
- mitigating circumstances (mental competence)
- motive
Garbriel Tarde –> rejected free will and said there must be some individual treatment of offenders - as a result of his and others’ work, the courts started taking into account things like age, mental competence, motive, and mitigating circumstances
What was the Statistical School; what was it associated with?
How did they reject the Classical School?
The Statistical School arose in the first half of the 19th century
- believed crime had natural social causes
- used statistics to explore social issues
- pursued a structural explanation of crime
This school was associated with positivism:
- crime was thought to be the result of natural causes to be discovered through scientific methods (and this behaviour could be altered)
- they rejected Classical school ideas that people were rational beings ; instead, people’s behaviour (including criminality) is the result of a number of social conditions
How did statistical school scholars gather data to discover patterns
How much influence did the school have?
They gathered data to provide a critical and insightful perspective on the relationship between certain factors (ex. population density, education, poverty) and crime
The regularity of crime over time and space meant this pattern was the result of social forces
- study focused on structural features of society, such as inequalities
- people in unfavourable social circumstances have few options available to them
*the school had limited influence at the time, but their work anticipated the later work of sociologists
Explain the basics of the positivists theory of crime and why these theories were accepted
In the 19th century, science was becoming influential and the crime rates were remaining high
- positivists felt that behaviour was determined by natural forces and there were biological indicators of criminality
- crime was caused by biological factors beyond the person’s control
- they used the scientific method to compare criminals and noncriminals
Accepted at the time because…
- it was “scientific”
- they blamed the individual (not society, unliked the statistical school), which appealed more to the ruling class
What are the 3 key assumption of positive school?
- human behaviour is determined, not a matter of free will
- criminals are fundamentally different from non-criminals
- crime should be studied scientifically
Explain Lombroso’s contributions to the positive school and his way of thinking
- Lombroso observed physical differences between criminals and noncriminals
- He applied Darwin’s evolutionary theory to criminals who he deemed to be ATAVISTS (less evolved, morally inferior humans) –> this was based on research in Italian prisons
- they are born criminals who can be distinguished by STIGMATA (physical signs of their atavism)
- autopsy on a notorious thief (villela) - where he said his skull had characteristics of those of lower animals (savage and ape-like)
- different types of offenders had different stigmata
- women had fewer stigmata than men and were closer to their primitive origins (but they were less criminal because of their maternal instincts, piety, and lack of passion)
List some of the different categories that Lombroso grouped offenders into
Originally only two types –> born criminals and occasional criminals
- epileptics
- criminally inane
- criminals of passion
- criminaloids (grab bag of criminals who don’t fit anywhere else)
Lombroso’s work attracted a large following and was applied in criminal trials, but what were some flaws to his scientific methodology?
- control groups were poorly chosen
- statistical techniques were crude
- measurements were often sloppy
- he assumed those in prison were criminals (while free people were not)
What did Lombroso think should be done with born criminals?
thought they should be incarcerated to protect society but that they should be treated leniently as they couldn’t control their behaviour
