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Relevance of classical theory
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Introduction Since the early time of man there has been crime. From petty theft to rape, murder and the like, it has always been a part of our society. Criminology seeks to prevent criminal behavior both on individual and social levels. Criminology consists of many theories that attempt to explain why criminal acts are committed and break them down into parts that can be understood. A major Criminological theory that exists today is that known as the Classical Theory. The Classical Theory is very
Nature of the Theory The Classical school of criminology was brought about during the 18th century in a time of penal and criminological reformation. At this time and prior to, Criminal Justice was very arbitrary and not of that like today’s society.
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Marxism is a radical theory of criminology and believes crime is the result of the wealthy oppressing the poor. This theory was not intentionally meant to describe crime at the time but was more so meant to promote socialism and demote Capitalism. Radical theorists then took his idea and attempted to put blame on the society rather than the individual – the major difference between Marxism and Classical. Marxist followers agree that the “destructiveness” of Capitalism promotes a “class struggle” which then leads to competition amongst the rich and poor which in turn leads to crime on both ends of the spectrum. Barbara Sims puts this into great context when she states, “Capitalism produces ‘haves and have-nots’. Each engages in a different type of criminality. ‘Have-nots’ take part in crime that can be done by the uneducated – using a knife or gun. ‘Haves’ engage in more sophisticated crime – using bank notes, stock trading or white collar crime” (Sims, 7). A great deal of other criminologists would argue that family structure, peer relations, intelligence and school performance are keeping the poor where they’re at. As can be seen, Marxist theory and Classical theory of Criminology both differ in a great deal – but mostly on where the blame is
Secondly, the society is based on consensus which displays the matter of traditional aspects of crime. Thirdly, orthodox criminology is based on a historical traditional methodology. Fourthly, police and state organizations have been described as deterrence and rehabilitation through the court system. Fifthly, Orthodox criminology crime issue describes the focus that society is a problematic study which is focusing on the criminal himself of herself. Therefore, this displays a more narrow solution to the individual themselves instead of the society. “Finally, the last orthodox criminology is a distinctive behavior that described as law” (Lynch & Michalowski, p.65). “In the study of crime that it’s stated the orthodox criminology has the acknowledgement of general theories” (Lynch & Michalowski,
During the 1970’s to the early 1990’s there had emerged two new approaches to the study of crime and deviance. The discipline of criminology had expanded further introducing right and left realism, both believe in different areas and came together in order to try and get a better understanding on crime and prevention. There were many theorists that had influenced the realism approaches such as; Jock Young (Left Wing) and James Wilson (Right Wing).
Criminology is the scientific study of the causes and prevention of crimes. Criminology also uses a vast amount of theories to explain peoples’ actions, mental state, and their drive for committing crimes. Some crimes have monetary benefits, while other crime are committed in revenge or in spite of another, which would be called crimes of passion. Because it can be sometime difficult to understand why certain crime are committed, the only thing we can do is use theories to better decipher thoughts, morals, and reasons behind committing crimes.
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.
Winslow, R. W., & Zhang, S. (2008). Contemporary Theories of Crime. Criminology: a global perspective (). Upper Saddle River, N.J.: Pearson/Prentice Hall.
Class structure within the criminal justice system helps determine the types of crimes individuals will commit. There are 3 Theories of Class & Crime that are described to explain crime in terms of the social environment, including the family, school, peer group, workplace, community, and society. The first theory of Class & Crime is History of All Hitherto Class Struggle by Karl Marx (1968). He was influenced that the forces of production in an industrial civilization gave the simple tools for the community to change. Therefore, social conflict will eventually overthrow the production. Meaning, abused classes will run riot against their dictators. For instance, Marx considers that any one is the holder of equality, one is the subject who
While the study of criminal justice and the formation of criminal justice theories are largely molded by several other disciplines such as psychology and sociology (Wellford, 2007), the study of criminal justice has grown and it is time for it to stand alone as its own scientific discipline. Crime theories are developed through studying individuals and assessing as well as their environment and other social aspects. These theories are then used to help form policies in order to deter the individual or group from committing further crimes. Criminal justice theories are not only used for crime but there are also theories which aid criminal justice personnel in the application of the practices that they use. The criminal justice policies are implemented
Marxists argue the laws are formulated by the ruling class and, therefore, tend to represent the interest of said class. This is exemplified by criminals from humble backgrounds tend to receive harsher treatment in terms of sentencing. Marxists focus on white collar or corporate crime in preference to blue collar crime, arguing that crimes committed by the ruling class have greater impact in the economy than crimes by ‘normal’ people. This background will lean towards white collar crime and corporate
The man credited with the birth of the classical school was Cesaer Beccaria (1738-1794), who emerged during the enlightenment period of the eighteenth century. Some argue that criminology as an independent discipline only emerged about 60 – 70 years ago (Garland 2002), and whilst not concerned with studying criminals per se in the same way that we most associate with criminology today, the classical school was hugely influential in the formation of Criminal Justice System as we know it today. Farner (cited in Taylor et al 1973) a nineteenth century commentator on Beccaria asserts :
The three eras that have characterized the field of criminology over the past 100 years are the “Golden Age of Research,” the “Golden Age of Theory,” and an unnamed era that was “’characterized by extensive theory testing of the dominant theories, using largely empirical methods’” (28). The “Golden Age of Research” era spanned from 1900 to 1930 according to John H. Laub. This era is identified as focusing heavily on the collection of data surrounding crime and the criminal. This data was assessed without “any particular ideational framework” (28). The second era, the “Golden Age of Theory,” spanned from 1930 to 1960, also according to Laub. This era is also rather self-explanatory, it is described by the development of theories; however, Laub
Drawing from tenets of Marxist theory, critical criminology believe that crime results from the mode of production by capitalist and the economic structures they have created. Social classes have been divided into two: those whose income is secured by property ownership; and those whose income is secured by their labor. The resultant class structure influences the opportunities of an individual to succeed in life and his propensity to engage in crime. Although it encompasses the macro-economic factors that are rarely included in micro-economic analysis of crime, it does not substitute those macro factors, like unemployment, to micro factors, like being jobless. However, it combines the macro and micro factors in analyzing how micro factors of crime are integrated into the macro structures.
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.
The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred to as the Positivist school. This rapid change from the classical to the positivist perspective was due to the change and growth of civilization. Even though one perspective came from another, they are still different in many ways and it is evident when relating them to section 462.37, Forfeiture of Proceeds of Crime, and section 810, Sureties to keep the Peace. The Classical School of criminology’s time of dominance was between 1700 and 1800. Its conception of deviance was that deviance was a violation of the social contract. Classical theorists believed that all individuals were rational actors and they were able to act upon their own free will. A person chose to commit crimes because of greed and because they were evil. The primary instrument that could be used in regards to the classical school to control crime was to create “criminal sanctions that instil fear of punishment in those contemplating criminal acts” (Gabor 154). Classical school theorists believed the best defence was a good offence and therefore they wanted to instil so much fear into people about what would happen to them if they were to commit a crime that even those who were only thinking of committing a crime were impacted greatly. The classical school individuals operated entirely on free will and it was their ...
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
Criminology is a social science rather than a branch of law. Although there are several different theories surrounding criminology, they all share a common goal: the search for the causes of criminal behavior in the hopes that this information can be transformed into policies that will be effective in handling or even eliminating crime.