SCHOOLS OF CRIMINOLOGY T H A T' E X P L A I N E D THE EXISTENCE OFCRIMES, Slides of Criminology

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2373’ SCHOOLS OF ° GRIMINOLOGY THAT Seen S THE EXISTENCE OF CRIMES GROUP 1 Ss TOPIC OBEJECTIVES: 1. Identify the different schools of criminology that influence the scientific study of crimes and criminal behavior. 2. Summarized the strong points and major theories of each schools. 3. Identity the different major philosophers or eac criminology schools. 4. Determine the _ significant contribution of various philosophers on advancing t I criminology. Ss This school of thought stated that a crime is based on rational decision-making process of motivated crimin Hollowers of these concepts argued for a more ration approach to punishment, stressing that the relationship between crimes and their punishment should be balanced and fair. This view was based on the prevailing philosophy of "utilitarianism or Hedonistic Doctrine." According to this theory (Barkan, 2006), actions are evaluated by their tendency to produce advantage, sure, and happiness and to avoid or prevent mischief, Ss pain, wit, or unhappiness. PUNISHMENT HAS FOUR MAIN OBJECTIVES Ss eTo prevent all criminal offenses eWhen it cannot prevent a crime, to convince the offender to commit a less serious one eTo ensure that a criminal uses no more force is necessary. ent crime as cheaply as possible. Ss FIVE PRINCIPLES USED BY SOCIETY IN REACTING 9% eo; TO CRIMINAL ACTIVITIES: P The Principle of Rationality - human beings have free will and the actions they undertake are the result of choice. The Principle of Hedonism - pleasure and pain, or reward and punishment, are the major determinants of choice. The Principle of Punishment - criminal punishment in a deterrent to unlawful behavior, and deterrence is the best justification for punishment. The human Rights Principle - society is made possible by individuals cooperating together, ence, society ows to its citizen's respect for their rights in the face of government action. Process Principle - an accused should be presumed innocent until proven e, and an accused should not be subjected to punishment prior to guilt bein stablished. SUMMARY OF PRINCIPLES OF CLASSICAL | SCHOOL OF THOUGHT 1. This view was based on the prevailing philosophy of the time, namely, "utilitarianism," which emphasized that behavior occurs when the actor considers it useful purposeful, and reasonable. 2. Social philosophers like Beccaria and Bentham began to rethink the prevailing concepts of law and justice. 3. They argued for an operational approach to punishment, stressing the relationship between crimes and their punishment should be balanced and fair 4. People have free will and choose to act in this regard. 5. Deterrence is based upon the notion of the human being as a "hedonist" who seeks pleasure and avoids pain. 6. The more swift and certain the punishment, the more effective it is in deterring imi behavior. rs called for a more moderate and just approach to penal s substitute for the cruel public executions designed to fri MAJOR TENETS OF THE CLASSICAL SCHOOL eIn the natural state, man was absolutely free. And in forming a gover gave up natural liberties in exchange for the security or protection given b government. eLaws of the state became means of preventing man from encroachment wi others man's freedom. ¢Basis of social action on crimes is greatest happiness for the greatest num ¢Punishment of crime should be severe enough to overbalance the pleasur derived from the illegal act. ¢Punishment is justified only it it prevents crime through deterrence. ¢Demand for effective preventive methods. eContented that all persons who violated special law should receive identical punishments regardless of age, sanity, position or circumstances. Focused on two causes of crime: Economic conditions - property crimes are committed by the poor out of Cruel or Bad laws - promote criminality by diminishing the human spirit. Bentham (Schamalleger, 2011) is another founding personality of the classical school. He is an English Utilitarian philosopher and lawyer who wrote the Introduction to the Principles of Morals and Legislation (1789), where he argued "nature has placed mankind under the governance of two sovereign master, pain and pleasure." He advocated a philosophy of social control based on what he called the principle of uttlity. This guiding principle was for government to seek to obtain "the greatest happiness for the greatest number." JEREMY BENTHAM (1748¢ 1832) MAJOR TENETS ~ eLaws must be efficient, economical means of preventing crimes. ¢-Prevention was the only justifiable purpose of punishment. e-Recommended that penalties must be fixed to impose an amount of pain in excess of the pleasure - derived from the criminal act. eCapital punishment should be restricted to offen NY in the highest degree shock the public feelin Wo A . / WWW, THE BASIC ELEMENTS (WALSH, 2012) OF HEDONI CALCULUS CAN BE SUMMARIZED INTO THE FOLLO ein every society, people have free will to choose criminal or lawrul solutions to meet their needs of settle their problems. ¢Criminal solutions may be more attractive than lawful ones because they usually require less work for a greater payoft; it left unsanctioned, crime has greater utility than conformity. eA person's choice of criminal solutions may be controlled by his or her fear of punishment. The more severe, certain, and swilt the punishment better able it is to control criminal benayior* NEO-CLASSICAL SCHOOL The only significant difference between the ne classical and assical schools of Criminology ts th the neoclassical takes unto account contextual circumstances of the individual or situation that allow for increase or decrease in the punishment. Ss The French revised their laws to take into account both mitigating and aggravating circumstances. hi Senne concept became the standard in a estern judicial systems (Tibbets & Memmens, ’ (\ 2010, p. 66). or 7 HERE ARE TWO NEO-CLASSICAL SCHOOL OF THOUGHT EXISTING TODAY. 1. Neo classical school continues to build upon ideas XQ inherent in the notion of a social contract and places an~ emphasis on individual rights and due process. a AT 2. Takes the form of three ideas that extend well beyond the calculus of determinate sentencing. A. Criminal behavior is the result of free choice; B.Criminal behavior is rewarding and crime holds b of attractions, from sensuality to monetary gain to fame C. Criminal punishment is necessary for deterrence, Just Deserts Model - the notion that criminal offender deserve the punishment they receive at the hands of < law._and that punishment should be appropriate to the t and severity of crimes similar to the one for which a eo offender is being sentence. Specific Deterrence - a goal of criminal sentencing, which seeks to prevent a particular offender from engaging General Deterrence - a goal of criminal sentencing which seeks to prevent others from committing crimes similar ta, the one for which a particular offender is being senignay ( THERE ARE EIGHT KEY ELEMENTS OF CLASSICAL AND CURRENT-DAY NEOCLASSICAL CRIMINOLOGY: 1.Human beings are fundamentally rational, and most human behavior results from free will coupled with rational choice. 2. Pain and pleasure are the two central determ factors of human behavior. 3. Punishment serves to deter law violators and an example to others who might contemplat > violating the law. 4. The»principles of right and wrong are inhe our nature and cannot be denied. S