3. INTRODUCTION
1) Explain the constitutional school of Crimonology – Lomborso and others (heredity and mental retardation as causes of crime?
• Lombroso's (1876) biological theory of criminology suggests that criminality is inherited and that someone "born criminal" could be identified by the way they look.
• In 1876 Lombroso, an Italian criminologist, proposed atavistic form as an explanations of offending behavior. This explanation was focused on the notion that criminals have
physical distinguishing features.
• In The Criminal Man (“L’Uomo delinquente”), first published in 1876, he suggested that there was distinct biological class of people that were prone to criminality. These people
exhibited ‘atavistic’ (i.e. primitive) features. Atavistic derives from the word “avatus”, which means ancestor in Latin.
•
These atavistic characteristics, he argued, denoted the fact that the offenders were at a more primitive stage of evolution than non-offenders; they were “genetic throwbacks”.
• This made them, according to Lombroso, wilder, untamed and unable to fit in the 1870s society and therefore they would inevitably turn to crime. This implies that criminality is
inherited and that it can be identified by physical defects.
4. DEFINITION
Three of the most traditional explanations of crime are spiritual explanations, the classical school of criminology, and the positivist school of criminology. Although
developed in past centuries, all of these systems of thought influence our current system and ideas of justice.
The Italian criminologist Cesare Lombroso (1835-1909) devised the now-outmoded theory that criminality is determined by physiological traits. Called the father
of modern criminology, he concentrated attention on the study of the individual offender.
• Why Cesare Lombroso is considered as the father of criminology?
• “He was the first person to make crime and criminals a specific area of study, so that's why he's called the father of modern criminology." He was also the first
person to write about female crime, she explains
5. RELEVANT CASES
There is a growing awareness on the part of professionals thatmental retardation is a special handicap which must be recognized and dealt with if treatment and
rehabilitation are to beeffective in the criminal justice system. Mentally retarded offenders are being regarded as special categories of individuals for whom new
programs must be established within trainingschools, half-way houses, and prisons. The needs of the individual, in order to effectively change his behavior, must be
considered. Thus, the mentally retarded present a special area ofconsideration for administrators and staff.
However, there is a lack of adequate understanding of what mental retardation is, how it occurs, and the role the deficientplays in society. It is the purpose of this report
to reviewthe field of mental retardation and its relationship to societyand crime, both present and past. It is hoped that research will provide a basic understanding of the
accomplishments within the field, as well as knowledge of the failures of society.Research which will provide a concise overview of the field ofmental retardation and
its relation to crime will enable the professional to more fully understand the needs which exist within the field, and to implement programs to meet such demands. It is
hoped that intensive study will provide a historical perspective in regard to the attitudes, theories, and programs which exist today.
6. ELEMENTS AND CASE LAWS.
Terminology Most people can indicate almost intuitively what they mean bythe mentally retarded: dull-witted, slow to understand, deficient in vocabulary, unable to
manipulate symbols readily, andpoor in memory. For many, mental retardation includes imagesof irresponsible behavior, timidity, reticence, clumsiness,sloppiness,
carelessness, nervousness, and abnormality. Toooften such impressions are false, and are the product of a lack of experience. Fads in the use of terms denoting
intellectual incompetencehave appeared in rapid succession since 1900. The World Health Organization proposed in 1954 that the term "mental subnormality" be
applied to the general condition with two subdivisions reflecting etiology. Biologically determined cases, denoted by the term "mental deficiency;" and
"mentalretardation," for socially determined cases, were chosen. However, this usage has been largely ignored in the literature.
7. CONTINUATION..
• Chromosome Abnormality. Several theories have been advanced in regard to mongolism. Some authorities believe it is due to metabolic or endocrinal disturbances
of the mother during pregnancy. Research concerning this syndrome has revealed abnormalities in the structure of the chromosomes of mongoloid children, and it is
felt that there may possibly be a cause through defect of ovum and sperm. Infections. Many cases of mental retardation can be traced to syphilis infection ,of the
parents. The condition may often not be suspected until the child is about eight or nine years of age. Many cases of mertal retardation may be caused from other
sources ().1 infection, as encephalitis. Inflammation of the brain suffered during infancy or childhood may be folliwed by various degrees of mental deficiency. The
inflammation may be due to infection caused by bacteria or some types of virus. Another cause of inflammation of the brain, which is a forerunner of impaired
mental ability, is a parasitc and and the resulting condition is known as "toxoplasmosis." Meningitis may be considered another cause of mental 1,:etardation
resulting from infection. 8 Meningitis is inflammation of the covering of the brain, andwhen the damage extends to brain proper, mental retardationusually results.
Sometimes the deficiency is due to pressureon the brain by cerebrospinal fluid which is always increasedduring meningitis. Chemical Poisoni. The major cause of
chemical poisoningwhich has produced mental retardation is that of lead poisoning.Trauma. Some cases of mental deficiency may be traced to aninjury of the head.
In some cases the injury may have beenminor, although trauma may have taken place. Nutritional Disorders. There is accumulating evidence thatshows disorders of
nutrition may cause some disturbance ofmentality. Although there is doubt as to which specific foodelement may be responsible for the deficiency in mental ability,
it is known that when nutritional balance is restoredthere is marked improvement in the mental ability and reactionsof the individual. In some cases of mental
retardation, there are no definitecauses, and therefore, the etiology must be classified as unknown. In many cases, several factors work together to produce the
deficiency.
8. CONTINUATION..
MENTAL RETARDATION FROM EARLY AGES TO THE PRESENT There is faint evidence to the fact that mental retardation has existed throughout all generations
of mankind. The views which have been expressed concerning this issue vary, from generation to generation, dependent upon the technology, cultural advancement, and
religious or philosophical convictions held. Earliest views of mental retardation are obscure and not clearly defined. However, there seems to exist a conviction of
hereditary default throughout the early ages.
9. CONCLUSION
They were Cesare Lombroso, Enrico Ferri and Raffael Garofalo. Because of thier contribution in the prograssion of positivist ideas, they were called the " HOLY
THREE OF CRIMINOLOGY. Father of Modern Empirical Criminology due to his application of modern scientific methods to trace criminal behaviour.
• Is the idea of Cesare Lombroso agree with the idea of Cesare Beccaria?
• Lombroso rejected the classical theory of crime, associated with Cesare Beccaria and Jeremy Bentham, which explained criminal activity as freely chosen
behaviour based on the rational calculation of benefit and loss, pleasure and pain - that is, criminals commit crime because they believe crime pays.
