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Copyright © 2006 Pearson Education Canada Inc.4 - 1
“While we read history we make it”… G.W. Curtis (1842-1892)
The History and Pioneers of Criminology
Chapter 4
Copyright © 2006 Pearson Education Canada Inc. 4 - 2
Learning Objectives
Discuss the three major schools of criminological thought.Recognize the impact these schools have had on our current view of crime, criminals, and justice.Be cognizant of the pioneers who have contributed to criminological reform in Canada and internationally.Appreciate the necessity of an interdisciplinary approach to the study of crime, criminals, and the justice system.Recognize the need to include crime prevention in an integrated and interdisciplinary model.
Copyright © 2006 Pearson Education Canada Inc. 4 - 3
Roots of Criminological Theory
Two schools: Classical vs. Positivist
All theories can trace their roots - roots of Social Reform
“Theories are the nets cast to catch the world, to rationalize, to explain, and to master it.”
Karl Popper
Copyright © 2006 Pearson Education Canada Inc. 4 - 4
Roots of Criminological Theory
Crime viewed as rebellious act committed by poor against rich/political structure
punishment justified as mean to establish/maintain order (mentality remains?)
Dark Ages: responses to harsh retributive punishment
Wergild: 1st victim compensation
Ordeals: duals to the death
Oath-helpers: testify your innocence
Copyright © 2006 Pearson Education Canada Inc. 4 - 5
Classical School
Period of Enlightenment
Cesare Becarria: Box 4.1 Unfair punishment, abuse of power & corrupt
economic systems that taxed the poor to support rich/powerful
Separation of church and state Sought naturalistic explanations
Copyright © 2006 Pearson Education Canada Inc. 4 - 6
Cesare Becarria
3 conditions met could deter potential offenders Certainty of punishment Swiftness of justice Severity of punishment
FOUR Grand Principles: equality liberty utilitarianism – Bentham Box 4.2 humanitarianism
nullum crimen sin legenulla poena sine lege
Copyright © 2006 Pearson Education Canada Inc. 4 - 7
Jeremy Bentham
“felicitous calculus” - Box 4.2Fundamental principles still foundation of social policy in Canada and others2 levels of deterrence – specific and generalFear of arrest to act as deterrent especially when linked to indirect social penalties/costs of arrest 3 types of social costs: commitment costs attachment costs stigma
Copyright © 2006 Pearson Education Canada Inc. 4 - 8
Neo-classical School
Rossi; Gerrad; Joly
In response to failure of rehab & public outcry for return to harsher punishments & that punishment should fit crime
Flexibility into legal system (discretion)
Soft-determinism & Rational choice theory
French Revolution (1791) and French Penal Code of 1812 Canadian legal system
The Singapore Experiment; Indonesia kissing laws
Copyright © 2006 Pearson Education Canada Inc. 4 - 9
Scientific School/Positivist
August Comte: final social developmental stage when people embrace a rational, scientific view of the world as opposed to relying on metaphysical
School of CARTOLOGY
Crime as a product of social conditions (environment)
The role of determinism and science
The “Holy Three” – Lombroso; Garafalo; Ferri
Copyright © 2006 Pearson Education Canada Inc. 4 - 10
Lombroso: Father of Modern Criminology
Atavism - morphological study, criminal stigma 4 types of criminals born criminal occasional criminal insane criminal by passion
First to write about the female offenderConcept of parens patriae
Copyright © 2006 Pearson Education Canada Inc. 4 - 11
Law vs. Science
Classical School
Based on reforming criminal law & maintaining social order through criminal responsibility
Retribution and revenge
Reform the law
Positivist School
Embraces determinism – rather than punish someone not capable of controlling actions, special consideration & conditioning might be required
Reform and rehabilitation
Reform the man
Copyright © 2006 Pearson Education Canada Inc. 4 - 12
Criminology at Work
Pioneers in criminal justice & prison reformAlexander Maconochie: Australia and penal reforms (rights) prisoners earn all they receive prison industries (e.g., chain gangs, building own
institutions, farming, etc.)
“Prison is not a place to punish but a place where one served one’s punishment.” Maconochie
Copyright © 2006 Pearson Education Canada Inc. 4 - 13
Prison Reform
John Howard Society http://www.johnhoward.ca/jhsmiss.htm
Elizabeth Fry Societyhttp://www.elizabethfry.ca/caefs_e.htm
classification & vocational training
humane treatment & constructive work
Copyright © 2006 Pearson Education Canada Inc. 4 - 14
Law Enforcement
Sir Robert Peel: formalized policing Uniforms and discipline Community policing - foundation of today
Key principles of conduct Use minimal force, impartial service of
law, efficiency is an absence of crime!
Copyright © 2006 Pearson Education Canada Inc. 4 - 15
Legal Reform
Charles Doe: criminal responsibility
Pedro Montereo: train lawyers & judges in social sciences
Issac Ray: mitigating circumstances to recognise/consider medical
evidence, phrenology, moral insanity expert testimony (insanity, forensics, DNA)
Copyright © 2006 Pearson Education Canada Inc. 4 - 16
Criminalistics
Alphonse Bertillon: Anthropometry
Hans Gross: Austrian School & Victimology
Marc Ansel: social defence protection over punishment respect breeds responsibility (Box 4.15)
Copyright © 2006 Pearson Education Canada Inc. 4 - 17
Canadian Pioneers
Denise Szabo
The “father of Canadian criminology”
Psychological and historical context
Fattah: Victimology
Criminology and criminal policy are inseparable
Eclectic and international background
Copyright © 2006 Pearson Education Canada Inc. 4 - 18
Prevention as a School of Thought
Traditional etiologies of crime have not been able to fully explain, understand, predict or suppress crime….therefore….
Some strategies work well for property-related crimes less effective for crimes against persons
Copyright © 2006 Pearson Education Canada Inc. 4 - 19
Prevention
Oscar Newman: modify the environmentC.R. Jeffery: interaction of biology, behaviour, and environmentProactive vs. reactive processPolice - ‘Geographic Profiling’Address the OPPORTUNITY (real or perceived) to commit crimes in order to deter/prevent fixing broken windows target hardening
Copyright © 2006 Pearson Education Canada Inc. 4 - 20
Summary
History is diverse and complex
Two major schools of thought
Most theories trace their roots to either Classical or Positivist ideas
Disciplines calls for an integrated and interdisciplinary approach
Canadian ‘pioneers’ making their mark