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Essay on positivist criminology
Essay on criminological theories
Essay on criminological theories
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Recommended: Essay on positivist criminology
Luzelenia Santiago
Criminology
Assignment 1
September 21, 2017
Classical Theory vs Positivist Theory
The classical and positivist approaches to criminology theory were both highly influential in their definition of dealing with criminal punishment. Through understanding, the reasons a person commits a crime, one can come up with ways to prevent and control crime. There are many theories in which some link crime to a person. Positivist theory is a philosophical theory stating that positive knowledge is based on natural phenomena and their properties and relations. Classical theory rooted from the theories of the Italian nobleman and economist Cesare Beccaria and an English philosopher, Jeremy Bentham.
In the classical theory, the core ideas
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He classified criminals in four main categories. First, born criminals are simply those who can be distinguished by their physical atavistic characteristics. Second, the category insane criminals includes idiots, imbeciles, alcoholics and etc. Third, occasional criminals who commit crimes in response to available opportunities. Fourth, criminals of passion are those motivated to commit crime because of anger, love or honor.
Beccaria published one essay, On Crimes and Punishments, in this essay, he wrote that criminal behavior could be minimized using the basics of human nature. He argued that the current barbaric system of punishing criminals needed to be reformed into a less harsh, yet more effective one. He states the essence of his ideas, “In order for punishment not to be, in every instance, an act of violence of one or of many against a private citizen, it must be essentially public, prompt, necessary, the least possible in the given circumstances, proportionate to the crime, dictated by the laws” (Constituation
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In the eighteenth century, before the introduction of classicism, criminal punishment was torturous and barbaric, which only began to change after the ideas of classicism became known. Torture and capital punishment began to decline by the nineteenth century as people began to believe in a more humane way of punishing criminals. Similarly, most theorists presumed that punishment for criminals should not be extremely harsh and that rehabilitation was the way to reduce crime. For example, Lombroso thought that criminals should be provided with treatments to change their ways so that they can become a positive person
This system, therefore, had two effects. In my opinion, Right and wrong are inherited in the nature of things, and people cannot deny that. The punishment must be proportional to the crime. There should be as few laws as possible. With neoclassical criminology, people are to be protected from actions that would kill them an in my opinion it is not just.
At one point in history punishment and incapacitation were seen as the only logical ways to respond to crime (Pollock, 2010: 318). The majority of people used a religious perspective when viewing criminals. Criminals were believed to be sinners with no ability to change their behavior (Pollock, 2010: 318). From early on punishment was a topic that demanded an intellectual understanding. Two major criminologists from the Classical School were Jeremy...
Criminological theories interpret the competing paradigms of Human Nature, Social Order, Definition of Crime, Extent and Distribution of Crime, Causes of Crime, and Policy, differently. Even though these theories have added to societies understanding of criminal behaviour, all have been unable to explain why punishment or treatment of offenders is unable to prevent deviancy, and thus are ineffective methods of control. The new penology is a contemporary response that favours the management of criminals by predicting future harm on society. However, all criminological theories are linked as they are a product of the historical time and place, and because of their contextual history, they will continue to reappear depending on the current state of the world, and may even be reinvented.
Up until the 19th century, Classicist ideas dominated the way in which people looked at crime. However during the late 19th century a new form of “scientific criminology” emerged, called Positivism (Newburn, 2007). Positivism looked at the biological factors on why someone would commit a crime, this involved looking at the physical attributes of a person, looking at their genetic make-up and their biochemical factors.
In the book On Crimes and Punishments; the author; Cesare Beccaria talks about the justice system and the changes that he believes will make society better for all the citizens. In many of Cesare Beccaria’s statements he argues that to lower crimes, all citizens should be treated equally to have society properly function. Despite the changes that Cesare Beccaria made on equality, there is still a lot of hard work to be done to attain equality worldwide even to this day. Beccaria believes that certain aspects of the law have to change so that everyone could be treated the same even if they are of a different class divisions as well as if they have been accused of a given crime.
Many of the traditional criminological theories focused more on biological, psychological and sociological explanations of crime rather than on the cost and benefits of crime. More conservative approaches, including routine actives, lifestyle exposure and opportunity theories have clearly incorporated crime rate patterns as a fundamental part of analyzing the economics of crime. Crime statistics are important for the simple reason that they help put theories into a logical perspective. For example, a prospective home owner may want to look at crime rates in areas of potential occupancy. On a more complex level, it helps law enforcement and legislators create effective crime reduction programs. Furthermore, it also helps these agencies determine if crime prevention programs, that have been in effect, have been successful. There are many factors that influence the rates of crime including socio economic status, geographical location, culture and other lifestyle factors. More specifically, Messner and Blau (1987) used routine activities theory to test the relationship between the indicators of leisure activities and the rate of serious crimes. They discussed two types of leisure actives, the first being a household pastime, which primarily focused on television watching. The second type was a non-household leisure event which was consisted of attendance to sporting events, cinemas, and entertainment districts. The focus of this paper will be to study the effects that substantial amounts of leisure activities have on the offender and the victim. Leisure activities not only make a crime more opportunistic for offenders, it may also provide offenders with motivation to engage in criminal activity. On the other hand, it may also be argue...
"Today's system, where imprisonment is a common penalty for most crimes, is a historical newcomer." Many crimes during 1718 and 1776 were punishable by death. This was usually done by hanging, sometimes by stoning, breaking on the rack and burning at the stake. Towards the end of the 1700's people realized that cruel punishment did little to reduce crime and their society was changing the population grew and people started to move around more frequently. There had to be a search for new punishments. "New punishments were to rely heavily on new ideas imported from Europe in the writing of such social thinkers of the Enlightenment as the baron de Montesquieu, Voltaire, Thomas Pain and Cesare Beccaria". These thinkers came to believe that criminals could be rehabilitated."
In the 1700’s the United States consisted of the colonies. Prisons were not yet made due to the low population of the colonies and the colonies taking their own justice. Ways to punish people in that time were whippings, the dunking chair, the stocks, and the scarlet letter. Basically, public humiliation was used as a deterrent to control the people. This stopped working when the population began to grow bigger, so other methods had to be used. Cesare Beccaria was a member of the Classical School of penology and influenced the way people thought about punishment. He suggested that punishments should be defined and judges should not have total power. He also stated that laws had to be public and clear. He also said that punishments should be the “minimal possible” in order to deter others from committing similar crimes. This lead to imprisonment being the main punishment used to deter crimes. The Philadelphia Society for Assisting Distressed Prisoners helped to write the new criminal code of 1786, which included hard labour as a form of punishment within a person’s jail sentence. The Philadelphia Society for Assisting Distressed Prisoners bec...
Prison and the penalty have become the essence of punishment because it makes the person fear in committing the same crime repeatedly. For example, prisoners would engage in activities like work in order for them to learn and train them. Therefore, a crime and penalty must be accepted in order for the penalties to be heavier than crimes. Also, there must be a rule that focuses on the intensity of the effect on who committed the crime by using the common truth. According to Foucault (1995), “When the prisoner is isolated it creates a terrible shock. When the prisoner is isolated, they are able to reflect and protect themselves from their bad behaviors and negativity” (p.122). If, essential punishment for prisoners should be based on learning to become a better human with
The statement suggests that those with no history of violence within their family and/or those who had a good upbringing will most likely not go on to commit violent crimes. At first this does seem like a reasonable suggestion to make. However, once we look deeper into this topic we uncover more complex explanations that are used to understand the phenomenon that is violent crime. Psychological perspectives are widely used throughout the world of criminology in order to help comprehend why crime is committed and the patterns that occur between the type of offender and type of crime. There perspectives are broken down into four main areas within psychology; Biological/Evolutionary, Social/Learning theory, Psychoanalytical/Psychodynamic and finally
There are many different aspects of criminal justice policy. One in particular is the different theories of crime and how they affect the criminal justice system. The Classical School of criminology is a theory about evolving from a capital punishment type of view to more humane ways of punishing people. Positivist criminology is maintaining the control of human behavior and criminal behavior. They did this through three different categories of Biological studies, which are five methodologies of crime that were mainly focused on biological theories, Psychological theories, which contains four separate theories, and the Sociological theories, which also includes four different methods of explaining why crime exists. The last theory is about Critical criminology. Their goal was to transform society in a way that would liberate and empower subordinate groups of individuals.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular
...hool of criminology is one of the oldest and most influential principles in the history of criminology. It finally got people to view criminals in a scientific way as opposed to some of the other, less effective methods which had been used previously. While Cesare Lombroso was the first to apply positivism to criminology, it was made possible by the efforts of Auguste Comte, who was the first person to suggest trying to solve problems using scientific reasoning (Adler et al 2012). Also the work of Charles Darwin was able to make society more receptive to the idea of science being an acceptable way to answer questions and solve problems in society. Those three men were able to make criminology a more legitimate and respected field.
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the law by individuals then that individual should be punished accordingly.