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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 - 1 “While we read history we make it”… G.W. Curtis (1842-1892) The History and Pioneers of Criminology

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Page 1: 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

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

Page 2: 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

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.

Page 3: 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

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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

Page 4: 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

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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

Page 5: 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

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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

Page 6: 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

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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

Page 7: 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

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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

Page 8: 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

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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

Page 9: 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

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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

Page 10: 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

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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

Page 11: 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

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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

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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

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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

Page 14: 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

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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!

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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)

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Criminalistics

Alphonse Bertillon: Anthropometry

Hans Gross: Austrian School & Victimology

Marc Ansel: social defence protection over punishment respect breeds responsibility (Box 4.15)

Page 17: 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

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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

Page 18: 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

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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

Page 19: 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

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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

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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