Criminology and victimology

1. Criminology and Victimology

2. Crime
• Paul Tappan (American Criminologist) - an intentional act or
omission in violation of criminal law …, committed without defense
or justification, and sanctioned by the state as a felony or
misdemeanor.”
• Misdemeanors are non-serious, minor crimes that the government
punishes by confinement in a local jail for a year or less. Examples
include petty theft, simple assault, disorderly conduct, and disturbing
the peace.
• Felonies are serious crimes that the government punishes by death or
incarceration in a prison for at least a year. This group includes such
crimes as murder, rape, robbery, and burglary.

3. • Tort - is a civil wrong that causes a claimant to suffer loss or harm,
resulting in legal liability for the person who commits a tortious act. It
can include the intentional infliction of emotional distress, negligence,
financial losses, injuries, invasion of privacy and many other things.
• Law is a command enjoining a course of conduct.
• A crime, therefore, be an act of disobedience to a law forbidding or
commanding it (R. C. Nigam).

4. • Sir William Blackstone (English jurist) -
“An Act committed or omitted in violation
of a ‘Public Law’ forbidding or
commanding it”.
• “A crime is violation of the public ‘rights
and duties’ due to the whole community,
considered as a community”.

5. • Serjeant Stephen - “A crime is a violation of a right considered in
reference to the evil tendency of such violation as regards the
community at large”.
• The word crime owes its genesis to the Greek expression ‘Krimos’,
which is synonymous with the Sanskrit word ‘Krama’, meaning social
order. Thus the word crime is applied to those acts that go against
social order and are worthy of serious condemnation (S. S. Huda, The
Principles of the Law of Crimes in British India).

6. • Raffaele Garofalo (Italian
Criminologist, jurist) - “Crime is
an immoral and harmful act that
is regarded as criminal by public
opinion, because it is an injury to
so much of the moral sense as is
possessed by a community- a
measure which is indispensable
for the adaptation of the
individual society”.

7. • Edwin Sutherland (American Sociologist)
• “Criminal behaviour is behaviour in violation of
criminal law. No matter what the degree of
immorality, reprehensibility, or indecency of an act,
it is not a crime unless it is prohibited by criminal
law. The criminal law in turn, is defined
conventionally as a body of specific rules regarding
human conduct which have been promulgated by
political authority, which apply uniformly to all
members of the class to which the rules refer, and
which are enforced by punishment administered by
the state, characteristics which distinguish the body
of rules regarding human conduct from other rules,
are therefore, politicality, specificity, uniformity and
penal sanction”.
• This definition is also consistent with the concept
‘nulla poena sine lege’ (latin), which means there is
no crime without law.

8. Criminology
• Criminology is the science of crime and seeks to study the
phenomenon of criminality in its entirety. Criminology as a branch of
knowledge is concerned with the particular conducts of individual
behaviour which is prohibited by society. It is, therefore, a societal
study which seeks to discover the causes of criminality and suggest
remedies to reduce crimes.
• Criminology consists of two main branches - criminal biology, which
investigates causes of criminality found in the mental and physical
constitution of the deviant, 'and criminal sociology which deals with
enquiries into the effect of environment as a cause of criminality.

9. • The science of criminology aims at taking up case to case study of
different crimes and suggest measures to 'reform' the offenders.
Liberalisation of punishment for affording greater opportunities for
rehabilitation of offenders has been accepted as the ultimate object of
penal justice.
• The most significant aspect of criminology is its concern for crime and
criminals. It presupposes the study of criminal with basic assumption
that no one is born criminal. It treats reformation as the ultimate object
of punishment while individualization (treatment accorded to each
individual according to his personality) the method of it.

10. Major Concepts:
Difference between Crime and Sin:
• Crime is an action that is against the law. In general, this means the civil law of the
society. Sin is a Abrahamic concept that is a violation of God's will.
• Crime is identified by the government but sin is identified by God.
• Crime is happened in this world but sin is happened for the after death life.
• The punishment of crime is given in this world but the punishment of sin is given
after death.
• Every crime is a sin but every sin is not a crime.
• Sin is a subjective term, and has no parameters to base exactly what it is. It is
believed by religious people and ignored by others as a delusion. Crime is
something that is set by social codes of the country you live in, and if broken a
penalty is to be paid.
• Brief of crime is given in criminal statutes, penal code, CrPC etc. & brief of sin is
given in religious books.
• For non believers anti-social activities are not sin but for both believers and non
believers anti-social activities are crime.

11. Schools of Criminology
• Schools of Criminology
Edwin Sutherland pointed out that a school of criminology
connotes:
“the system of thought which consists of an integrated theory of
causation of crime and of policies of control implied in the theory
of causation”.
• Therefore, a school of criminology implies the following three
important points:
1. The adherents of each school try to explain the causation of crime and
criminal behavior in their own way relying on the theory propounded by the
exponent of that particular school.
2. Each school of criminology suggests punishment and preventive measures to
suit its ideology.
3. And, each of the school represents the social attitude of people towards crime
and criminal in a given time.

12. Pre-Classical School of Criminology
• 17th – 18th century.
• Main proponent – Saint Thomas Aquinas (Italian philosopher, Catholic
Priest)
• Based on principle of Demonology, witchcraft and supernatural power.
• Man by nature is simple and his actions are controlled by some super power.
• It was generally believed that a man commits crime due to the influence of
some external spirit called ‘demon’ or ‘devil’.
• An offender commits a wrongful act not because of his own free will but
due to the influence of some external super power.
• No attempt was, however, made to probe into the real causes of crime.
• This demonological theory of criminality propounded by the exponents of
pre-classical school acknowledged the omnipotence of spirit, which they
regarded as a great power.

13. • The pre-classical considered crime and criminals as an evidence of the
fact that the individual was possessed of devil or demon the only cure
for which was testimony of the effectiveness of the spirit.
• Worships, sacrifices and ordeals by water and fire were usually
prescribed to specify the spirit and relieve the victim from its evil
influence.
• An ordeal is an ancient manner of trial in criminal cases.
• When an offender pleaded “not guilty”, he might choose whether he
would put himself for trial upon God and the country, presuming that
God would deliver the innocent.
• Examples of such ordeals are, throwing into fire, throwing into water
after tying a stone to his neck, administration of oath by calling up
God’s wrath, trial by battle, etc.

14. • The justification advanced for oaths and ordeals was the familiar belief
that “when the human agency fails, recourse to divine means of proof
becomes most inevitable”.
• Though these practices appear to be most irrational and barbarous to
the modern mind, they were universally accepted and were in
existence in most Christian countries till thirteenth century.
Trial by battle: was a method of Germanic law to settle accusations in
the absence of witnesses or a confession in which two parties in dispute
fought in single combat; the winner of the fight was proclaimed to be
right.

15. Pre-Classical – Main Postulates
• Crime is committed due to the instigation of devil or some evil spirit.
• Omnipotence of the spirit impels to commit crime.
• It laid down primary focus of crime causation to the religion and
spirituality. The good fortune or evil/good supernatural forces lead a human
being towards the ill use of the free will.
• Crime is the net result of the demonic possession and the consequences
thereof; evil abuse of the free will.
• Christian idea of Original Sin which says that all human beings were
considered born sinners. So the questions such as what causes crime is of no
value.
• Naturalism and spiritualism formed the backbone of its crime causation. It
is also known as deterministic approach of crime causation. These
ideologies altogether exuded the individual responsibility in the commission
of the crime. Because not only human actions are governed by the nature
but even the human passion.

16. • Solving methodologies/treatments of the lunatic/criminal as per this school
were under:
• Doctrine of Beat out of the evil (Exorcism)
• Trial by ordeal
• Worships
• Sacrifices
Ordeal: is an ancient test of guilt or innocence by subjection of the
accused to severe pain, survival of which was taken as divine proof of
innocence.
Exorcism: is the religious or spiritual practice of removing evil spirits
from a person or place by prayer.
Free will: is the idea that we are able to have some choice in how we act
and assumes that we are free to choose our behaviour, in other words we
are self determined.

17. Classical School of Criminology
• The foundation of the Classical School criminological theorizing is
traced back to the Enlightenment philosophers like Thomas Hobbes,
John Locke, Voltaire and Montesquieu (mid 1600s).
• The well known origin of the Classical School is considered to be the
1764 publication of On Crimes and Punishments by Italian Scholar
Cesare Bonesana Marchese di Beccaria (1738-1794), commonly
known as Cesare Beccaria.
• Most experts consider Beccaria as Father of Criminal Justice, Father
of Classical School of Criminology and Father of Deterrence Theory.
• Beccaria: For a given act, a particular punishment should be
administered as established by law, regardless of the contextual
circumstances.

18. Beccaria, Bentham and Locke

19. • The Classical School in criminology is usually a reference to the
eighteenth-century work during the Enlightenment by the utilitarian
and social contract philosophers Jeremy Bentham and Cesare
Beccaria.
• The interests lay in the system of criminal justice and penology and,
indirectly through the proposition that "man is a calculating animal",
in the causes of criminal behaviour.
• The Classical school of thought was premised on the idea that people
have free will in making decisions, and that punishment can be a
deterrent for crime, so long as the punishment is proportional, fits the
crime, and is carried out promptly.
• Beccaria rejected the omnipotence of evil spirit in explaining
criminality and laid greater emphasis on mental phenomenon of the
individual and attributed crime to ‘free will’ of the individual.

20. • Beccaria was much influenced by the utilitarian philosophy of his time
which placed reliance on hedonism, namely, the “pain and pleasure
theory”.
• The doctrine of hedonism implied the notion of causation in terms of
free choice to commit crime by rational man seeking pleasure and
avoiding pain.

21. John Locke
• Locke proposed that all citizens are equal, and that there is an
unwritten but voluntary contract between the state and its citizens,
giving power to those in government and defining a framework of
mutual rights and duties.
• He proposed a shift from authoritarianism to an early model of
European and North American democracy where police powers and
the system of punishment are means to a more just end.

22. Cesare Beccaria (1738-1794)
• Beccaria argued the need to reform the criminal justice system by referring
not to the harm caused to the victim, but to the harm caused to society.
• His approach influenced the codification movement which set sentencing
tariffs to ensure equality of treatment among offenders.
• It was acknowledged that not all offenders are alike and greater sentencing
discretion was allowed to judges.
• In his book "On Crimes and Punishments" Beccaria presented a coherent,
comprehensive design for an enlightened criminal justice system that was to
serve the people rather than the monarchy.
• According to Beccaria, the crime problem could be traced not to bad people
but to bad laws.
• A modern criminal justice system should guarantee all people equal
treatment before the law.

23. Beccaria’s Principles
• Laws Should Be Used To Maintain Social Contract.
• Only Legislators Should Create Laws
• Judges Should Impose Punishmentonly in Accordance with the Law
• Judges Should not Interpret the Laws
• PunishmentShould be Based on the Pleasure/Pain Principle
• PunishmentShould be Based on the Act, not on the Actor
• The Punishment Should be Determined by the Crime
• PunishmentShould be Prompt and Effective
• All People Should be Treated Equally
• Capital PunishmentShould be Abolished
• The Use of Torture to Gain Confessions Should be Abolished
• It is Better to Prevent Crime than to Punish Them

24. Jeremy Bentham(1747 - 1832)
• Bentham devoted his life to developing a scientific approach to the
making and breaking of laws.
• His work was governed by utilitarian principles.
• Utilitarianism assumes that all human actions are calculated in
accordance with their likelihood of bringing happiness (pleasure) or
unhappiness (pain).
• People weigh the probabilities of present and future pleasures against
those of present and future pain.
• Bentham proposed a precise pseudo-mathematical formula for this
process, which he called “felicific calculus.”

25. • According to his reasoning individuals are “human calculators” who
put all the factors into an equation in order to decide whether or not a
particular crime is worth committing.
• Bentham reasoned that if prevention was the purpose of punishment,
and if punishment became too costly by creating more harm than
good, then penalties need to be set just a bit an excess of the pleasure
one might derive from committing a crime, and no higher.
• His most relevant idea was known as the "felicitation principle“ of
utilitarianism, i.e. whatever is done should aim to give the greatest
happiness to the largest possible number of people in society.
• Bentham posited that man is a calculating animal who will weigh
potential gains against the pain likely to be imposed and if the pain
outweighs the gains, he will be deterred and this produces maximal
social utility.

27. Tenets of Classical School
• It is the ‘act’ of an individual and ‘not his intent’ which forms
the basis for determining criminality within him. In other
words, criminologists are concerned with the ‘act’ of the
criminal rather than his ‘intent’. Still, they could never think
that there could be something like crime causation.
• The classical writers accepted punishment as a principal
method of infliction of pain, humiliation and disgrace to create
‘fear’ in man to control his behavior.
• The propounders of this school, however, considered
prevention of crime more important than the punishment for it.
They therefore, stressed on the need for a Criminal Code in
France, Germany and Italy to systematize punishment for
forbidden acts. Thus the real contribution of classical school of
criminology lies in the fact that it underlined the need for a well
defined criminal justice system.

28. • The advocates of classical school supported the right of the State to
punish the offenders in the interest of public security. Relying on the
hedonistic principle of pain and pleasure, they pointed out that
individualization was to be awarded keeping in view the pleasure
derived by the criminal from the crime and the pain caused to the
victim from it. They, however, pleaded for equalization of justice
which meant equal punishment for the same offence.
• The exponents of classical school further believed that the criminal
law primarily rests on positive sanctions. They were against the use of
arbitrary powers of Judges. In their opinion the Judges should limit
their verdicts strictly within the confines of law. They also abhorred
torturous punishments.

29. Neo-Classical School
• The Neo-Classical School continues the traditions of the Classical
School within the framework of Right Realism.
• The utilitarianism of Jeremy Bentham and Cesare Beccaria remains a
relevant social philosophy in policy term for using punishment as a
deterrent through law enforcement, the courts, and imprisonment.
• The ‘free will’ theory of classical school did not survive for long.
• It was soon realized that the exponents of classical school faultered in
their approach in ignoring the individual differences under certain
situations and treating first offenders and the habitual alike on the
basis of similarity of act or crime.

30. • The neo-classists asserted that certain categories of offenders such as
minors, idiots, insane or incompetent had to be treated leniently in
matters of punishment irrespective of the similarity of their criminal
act because these persons were incapable of appreciating the
difference between right and wrong.
• The tendency of neo-classists to distinguish criminals according to
their mental depravity was indeed a progressive step inasmuch as it
emphasized the need for modifying the classical view.

31. Tenets of neo-classical school of criminology
• Neo-classists were the first in point of time to bring out a distinction
between the first offenders and the recidivists. They supported
individualization of offender a treatment methods which required the
punishment to suit the psychopathic circumstances of the accused. Thus
although the ‘act’ or the ‘crime’ still remained the sole determining
factor for adjudging criminality without any regard to the intent, yet the
neo-classical school focused at least some attention on mental causation
indirectly.
• The advocates of this school started with the basic assumption that man
acting on reason and intelligence is a self-determining person and therefore,
is responsible for his conduct. But those lacking normal intelligence or
having some mental depravity are irresponsible to their conduct as they do
not possess the capacity of distinguishing between good or bad and
therefore should be treated differently from the responsible offenders.
• Though the neo-classists recommended lenient treatment for “irresponsible”
or mentally depraved criminals on account of their incapacity to resist
criminal tendency but they certainly believed that all criminals, whether
responsible or irresponsible, must be kept segregated from the society.

32. • It is significant to note that distinction between responsibility and
irresponsibility, that is the sanity and insanity of the criminals as
suggested by neo-classical school of criminology paved way to
subsequent formulation of different correctional institutions such as
parole, probation, reformatories, open-air camps etc. in the
administration of criminal justice. This is through this school that
attention of criminologists was drawn for the first time towards the
fact that all crimes do have a cause. It must, however be noted that
though this causation was initially confined to psychopathy or
psychology but was later expanded further and finally the positivists
succeeded in establishing reasonable relationship between crime and
environment of the criminal.
• Neo-classists adopted subjective approach to criminology and
concentrated their attention on the conditions under which an
individual commits crime.

33. Positivist School of Criminology
• Positivism is the use of empirical evidence through scientific inquiry
to improve society.
• Positivist criminology sought to identify other causes of criminal
behavior beyond choice. The basic premises of positivism are
measurement, objectivity, and causality.
• In the late nineteenth century, some of the principles on which the
classical school was based began to be challenged by the emergent
positivist school in criminology, led primarily by three Italian thinkers:
Cesare Lombroso, Enrico Ferri, and Raffaele Garofalo.
• It is at this point that the term ‘criminology’ first emerged, both in the
work of Italian Raffaele Garofalo (criminologia) in 1885 and in the
work of French anthropologist Paul Topinard (criminologie) around
the same time.

34. • Positivist criminology assumes that criminal behaviour has its own
distinct set of characteristics.
• Most criminological research conducted within a positivist paradigm
has sought to identify key differences between ‘criminals’ and ‘non-
criminals’.
• Some theorists have focused on biological and psychological factors,
locating the source of crime primarily within the individual and
bringing to the fore questions of individual pathology – approach is
individual positivism.
• Other theorists – who regard crime as a consequence of social rather
than individual pathology – have, by contrast, argued that more
insights can be gained by studying the social context external to
individuals – sociological positivism.

35. Differences between individual and sociological positivism
INDIVIDUAL POSITIVISM SOCIOLOGICAL POSITIVISM
Crime is caused by individual abnormality or pathology Crime is caused by social pathology
Crime is viewed as a biological, psychiatric, personality or
learning deficiency
Crime is viewed as a product of dysfunctions in social,
economic and political conditions
Behaviour is determined by constitutional, genetic or
personality factors
Behaviour is determined by social conditions and structures
Crime is a violation of the moral consensus surrounding
legal codes
Crime is a violation of a collective conscience
Crime varies with temperament, personality and degree of
‘adequate’ socialisation
Crime varies from region to region depending on economic and
political milieu
Criminals can be treated via medicine, therapy and
resocialisation and the condition of the majority thus cured
Crime can be treated via programmes of social reform, but
never completely eradicated
Crime is an abnormal individual condition
Crime is a normal social fact, but certain rates of crime are
dysfunctional

36. Cesare Lombroso
• Cesare Lombroso was an Italian physician who changed the approach
to crime from a legalistic to a scientific one.
• He disagreed with the classical studies that crime was a characteristic
trait of human nature, and argued that criminality is inherited and that
criminals can be identified by their physiognomy.
• According to Lombroso, criminals can not easily adapt to the morals,
rules, and laws of the modern civilized society because their “nature”,
which is a result of an evolutionary throwback (atavism), is more
naturally demonstrated through “primitive or savage acts”,
contradictory to those of the modern men.
• After years of research and evolving of his theory, Lombroso claimed
that the “born criminal” can be recognized by their physiognomy.

37. • For example, they might have some of the characteristics such as a
sloping forehead, ears of unusual size, asymmetry of the face,
prognathism, excessive length of arms, asymmetry of the cranium, and
other “physical stigmata.”
• Lombroso argued that criminals had less sensibility to pain and touch,
more acute sight, a lack of moral sense, including an absence of
remorse, more vanity, impulsiveness, vindictiveness, and cruelty, and
other manifestations, such as a particular criminal argot and the
excessive use of tattooing.
• He also believed that specific criminals such as thieves or murderers
or rapists are given away by particular “set” of characteristics.

38. Cesare Lombroso and his criminal
classifications
• Born criminals
• Moral imbeciles
• Criminal epileptics
• Criminals by passion
• Occasional criminals
• His ideologies are based on biological determinism

40. • The are "born criminals", " insane criminals", "occasional criminals/criminaloids", and
"criminals of passion". "Born criminals" are criminals as soon as they are born or have
atavistic features. Atavistic features are sloping foreheads, receding chins, twisted noses,
and many more. The second type of criminal are those that are considered to be those that
are mentally disabled, alcoholics, and paranoiacs. The third type of criminal is the type
that is opportunistic. Lastly, the fourth type commits crime due to emotions whether its
anger or love. Approximately 30% of women are murdered by their spouses and under
9% are killed by strangers. These are examples of "criminals of passion". "Insane
criminals" in America have the ability to plead insane instead of being charged or sent to
jail. There are 51 types of insanity defense. In my opinion, Lombroso accurately
summarized the types of criminals that are present in today's society.

41. Born criminals
• Lombroso believed that it is possible to tell if someone was a criminal
by looking at their physical characteristics.
• Criminals are mentally and physically inferior in a way that was
visible to the naked eye.
• The physical classification of born criminals included a small skull, a
large eye socket, a sunken forehead, a lump on the lower part of the
back of the head, etc. Psychologically, he said they were insensitive,
impulsive, and had no sense of guilt.

42. Moral imbeciles (stupid)
• Cesare Lombroso’s theory states that you’d rarely see a moral imbecile
in a psychiatric facility. You’d be more likely to see them in a prison or
brothel. They’re unfriendly, vain, and selfish.
• Like born criminals, they also have a prominent jaw. Their faces were
also asymmetrical. But they’re identifiable through behavior, not
appearance. They seem insane, even from early childhood.

43. Criminal epileptics
• Lombroso saw epilepsy as a sign of criminality.
• According to him, criminal epileptics are lazy, animal-loving,
destructive, and vain.
• He also said that they had suicidal tendencies and that, along with
moral imbeciles, they were the only ones who tried to commit crimes
with other people.

44. Criminals by passion
• Criminals by passion act on impulse and with noble ideas in mind.
• A crime of passion motivated by a non-noble impulse would just be a
common crime.
• These types of criminals don’t have any outstanding physical
characteristics, although they usually ranged from ages 20 to 30.
• They’re also extremely affectionate and tend to feel extreme guilt after
committing a crime.
• Many try to commit suicide.
• Lombroso believed there were three potential motivations for their
crimes: grief, politics, and the murder of a child.

45. Occasional criminals
• Lombroso believed that occasional criminals fell into three categories:
pseudo-criminals, “criminaloids,” and professional criminals.
• Pseudo-criminals committed three types of crimes: involuntary, non-
perverse (almost always motivated by necessity), and in self-defense.
• Criminaloids commit crimes of circumstance.
• Professional criminals behave legally and also commit crimes.

46. Anthropological Theories
• The mid 1800s saw the rise of Darwinism which suggested that
humans evolved from animals through a process of evolution.
• Darwinism inspired the field of Anthropological Criminology which
suggests the criminals are less evolved than others and can't control
their urge to commit crimes.
• This idea, called atavism, says criminals come from a group of
humans who regressed in evolutionary advancement.
• A contemporary of Charles Darwin, Cesare Lombroso, was studying
the skull of a known criminal when he noticed an out of place
depression which he took to provide biological evidence that this
man's development was linked to 'inferior animals' and thus proved an
atavistic regression of the human species.

47. • Anthropological Criminology is a branch of criminology concerned with
offender identification, based on comprehended relation between the nature
of a crime and the personality of the offender.
• It is a field of offender profiling, based on perceived links between the
nature of a crime and the personality or physical appearance of the offender.
• Lombroso outlined 14 physiognomic characteristics which he and his
followers believed to be common in all criminals: unusually short or tall
height ; small head, but large face ; fleshy lips, but thin upper lip ;
protuberances (bumps) on head, in back of head and around ear ; wrinkles
on forehead and face ; large sinus cavities or bumpy face ; tattoos on body ;
receding hairline ; bumps on head, particularly above left ear ; large incisors
; bushy eyebrows, tending to meet across nose ; large eye sockets, but deep-
set eyes ; beaked or flat nose ; strong jaw line ; small and sloping forehead ;
small or weak chin ; thin neck ; sloping shoulders, but large chest ; large,
protruding ears ; long arms ; high cheek bones ; pointy or snubbed fingers
or toes.

48. Enrico Ferri

49. • Enrico Ferri is an Italian criminologist.
• Ferri rejected biological determinism, in favor of examining the role of
social and environmental factors in crime.
• This is an example of the ''nature versus nurture'' debate; whether an
individual's behavior or character is innate, or a result of experience.
• Ferri focused much more on the ''nurture'' side of the debate.
• Ferri reject the view of biological determinism propounded by
Lombroso and instead recognized that an individual's environment
plays a role in whether or not they commit a crime.
• He thought that environment, such as the use of slang, works of art
and literature, could cause someone to become a criminal.

50. • Part of the reason Ferri rejected biological determinism, was because
of his political beliefs. Ferri identified as a socialist, and wrote
frequently about socialism in his work, including 1894's Socialism and
Positive Science.
• Ferri argued that sentiments such as religion, love, honour, and loyalty
did not contribute to criminal behaviour, as these ideas were too
complicated to have a definite impact on a person's basic moral sense,
from which Ferri believed criminal behaviour stemmed.
• Ferri argued that other sentiments, such as hate, cupidity, and vanity
had greater influences as they held more control over a person's moral
sense.
• Ferri summarized his theory by defining criminal psychology as a
"defective resistance to criminal tendencies and temptations, due to
that ill-balanced impulsiveness which characterises children and
savages".

51. Raffaele Garofalo

52. • Raffaele Garofalo (1851-1934) is an Italian jurist and criminologist
and was a student of Cesare Lombroso.
• His major contribution was the formulation of theory of “natural
crime”.
• The theory embraces crime of two types: those of violence and those
against property.
• He rejected the classical view of free will saying that criminals were
slaves to impulses out of their control.
• Garofalo, didn't accept Lombroso’s view regarding physical traits (e.g.
big forehead or large head) , rather he linked criminal behavior to a
defect in their physiological make up.
• As an evidence of this criminal deviation, Garofalo defined crime, not
as a violation of a law, but as a violation of nature.

53. • An act was a crime if it violated human nature in either of two forms:
probity, which is honesty and integrity, or pity, which is compassion
for others.
• These acts that violated nature were mala in se (evil in themselves).
Other acts that broke the law but were absent the violation of human
nature were, mala prohibita (technical violation of the law).
• The technical violations of the law can be dealt with by changing the
law or a civil fine.
• However, acts against humanity must be dealt harshly to protect
society.

54. Morphological Theories
• Personality, a characteristic way of thinking, feeling, and behaving.
Personality embraces moods, attitudes, and opinions and is most
clearly expressed in interactions with other people.
• It includes behavioral characteristics, both inherent and acquired, that
distinguish one person from another and that can be observed in
people’s relations to the environment and to the social group.
• are those that distinguish types of personalities on the basis of body
shape (somatotype). Such a morphological theory was developed by
the German psychiatrist Ernst Kretschmer.
• In his book Physique and Character, first published in 1921, he wrote
that among his patients a frail, rather weak (asthenic) body build as
well as a muscular (athletic) physique were frequently characteristic of
schizophrenic patients, while a short, rotund (pyknic) build was often
found among manic-depressive patients.

55. • Kretschmer extended his findings and assertions in a theory that
related body build and personality in all people and wrote that slim
and delicate physiques are associated with introversion, while those
with rounded heavier and shorter bodies tend to be cyclothymic—that
is, moody but often extroverted and jovial.
• Despite early hopes that body types might be useful in classifying
personality characteristics or in identifying psychiatric syndromes, the
relations observed by Kretschmer were not found to be strongly
supported by empirical studies.
• In the 1930s more elaborate studies by William H. Sheldon in the
United States developed a system for assigning a three-digit
somatotype number to people, each digit with a range from 1 to 7.

56. • Each of the three digits applies to one of Sheldon’s three components
of body build: the first to the soft, round endomorph, the second to the
square, muscular mesomorph; and the third to the linear, fine-boned
ectomorph.
• An extreme endomorph would be 711, an extreme ectomorph 117, and
an average person 444.
• Sheldon then developed a 20-item list of traits that differentiated three
separate categories of behaviours or temperaments. The three-digit
temperament scale appeared to be significantly related to the
somatotype profile, an association that failed to excite personologists.

57. Biological Theories
• Biological theories of crime state that the biological nature of human
beings determines whether they commit criminal acts or not.
• Biological theories of crime attempt to explain behaviors contrary to
societal expectations through examination of individual
characteristics.
• These theories are categorized within a paradigm called positivism
(also known as determinism), which asserts that behaviors, including
law-violating behaviors, are determined by factors largely beyond
individual control.

58. • On the basis of physical or at least purely biological characteristics, a
typology of criminals and non-criminals could be established
according to which criminals are to be distinguished from non-
criminals with regard to their genetics, neurology or physical
constitution.
• Biological theories of crime therefore clearly distinguish themselves
from those (e.g. sociological) theories which address external factors
to which the individual is exposed in their approaches.
• However, many of the (above all modern) biological theories also
include contextual and environmental conditions in their
considerations. Some of these theories are therefore also called
biosocial theories.

59. • In the 1890s great interest, as well as controversy, was generated by
the biological theory of the Italian criminologist Cesare Lombroso,
whose investigations of the skulls and facial features of criminals led
him to the hypothesis that serious or persistent criminality was
associated with atavism, or the reversion to a primitive stage of human
development.
• In the mid-20th century, William Sheldon won considerable support
for his theory that criminal behaviour was more common among
muscular, athletic persons (mesomorphs) than among tall, thin persons
(ectomorphs) or soft, rounded individuals (endomorphs).
• During the 1960s, significant debate arose over the possible
association between criminal tendencies and chromosomal
abnormalities—in particular, the idea that males with the XYY-trisomy
(characterized by the presence of an extra Y chromosome) may be
more prone to criminal behaviour than the general population.

60. • Later, studies have found general evidence for a connection between
biology and criminality for both twins and adoptees. Twins are more
likely to exhibit similar tendencies toward criminality if they are
identical (monozygotic) than if they are fraternal (dizygotic). The fact
that identical twins are more similar genetically than fraternal twins
suggests the existence of genetic influences on criminal behaviour.
• Similarly, studies of adopted children have shown that the likelihood
of criminality generally corresponds with that of their biological
parents. The rate of criminality is higher among adopted children with
one biological parent who is a criminal than it is among children who
have one adoptive parent who is a criminal but whose biological
parents are not criminals. The highest rates of criminality are found
among children whose biological and adoptive parents are criminals.

61. • Biochemical research in the 1980s and ’90s attempted to identify
specific factors associated with an increased risk of engaging in
criminal behaviour. For example, certain neurotransmitter imbalances
in the brain (e.g., low levels of serotonin), hormonal imbalances (e.g.,
higher levels of testosterone), and slower reactions of the autonomic
nervous system appear to be associated with increased criminality.
• The presence of these factors merely increases the chance that the
person will engage in criminal behaviour.
• Researchers have identified other biological factors associated with
increased violence and aggressiveness, including alcohol intoxication,
the use of some drugs (e.g., crack cocaine but not marijuana), diet, and
the ingestion of toxic substances.
• Drinking alcohol has tended to increase criminality temporarily, and
the long-term effects of ingesting lead (such as is found in lead-based
paint) have generally been associated with long-term increases in
criminality.

62. • Certain types of head injuries and complications during pregnancy or
birth are correlated with long-term increases in the tendency of the
child to commit crime. The direction of causation in these cases is
clearer than with serotonin and testosterone but not entirely certain.
• It could be the case that some other non-biological intervening factor
(e.g., poverty) causes the increased tendency to commit crime and also
causes the increased tendency to experience complications during
pregnancy and birth, to ingest lead and other toxins, and to abuse
alcohol.

63. Cartographic School
• The cartographic school represented an ideological shift, from a focus
on biological conditions to one on social conditions as they relate to
crime causation; it concentrated on examining the relationship
between crime and the physical environment.
• The cartographic school focussed primarily on the mapping of crime
and the relationship between society and the physical environment.
• The first significant moment in criminology’s engagement with
cartography began with the early nineteenth century ‘cartographic
school’ of criminology.

64. • One of the most important tools in identifying crime is Crime
mapping, which is mapping of crime using a geographic information
system to conduct spatial analysis of crime problems and other police-
related issues.
• To this Cartographic School plays an important part. The cartographic
school introduced the first spatial and ecological perspectives on
crime.
• In addition to analysing distributions of general crime rates and
correlating them with distributions of other conditions, the proponents
of this school made special studies of juvenile delinquency and
professional crime which are roughly comparable to studies in this
century.

65. • Significantly it showed that the crime is a necessary expression of
social conditions.
• The basic idea was that crime is caused by the conflicts of values that
arise when legal norms do not take into consideration the behavioural
norms that are specific to the lower socioeconomic classes as well as
to various age groups, religious groups, and interest groups living in
certain geographic areas.
• the Cartographic school used objective mathematical techniques to
investigate the influence of social factors such as seasons, climate, sex
and age on the propensity to commit crime.
• The most important factor was these social forces correlated to
significantly to crime rates.

66. • In addition to finding age and sex had a stronger influence in crime,
the Cartographic school uncovered evidence that season, climate,
population composition and poverty were also related to criminality,
most specifically the crime rates were greater in the summer in
southern areas among heterogeneous population, and among the poor
and uneducated, they were highly influenced by drinking habits.
• This school identified many relationships between crime and social
phenomena that still servers as a basis for criminal studies.

67. Lambert Adolphe Jacques Quételet

68. • Lambert Adolphe Jacques Quételet (a Belgium mathematician) and
Andre-Michel Guerre (a French statistician) in Europe during the
1830s and 1840s were the first to do detailed statistical studies of
crime.
• Quételet found strong correlations between rates of crime and such
factors as illiteracy, poverty, and similar variables.
• He also noted that these same variables remained the same as the
highest crime rates continued to occur in the same parts of the city
through several decades.
• Some called this school of thought the “Cartographic School” since it
used maps to plot crimes within a certain geographic area.

69. • Quetelet explored relationships not only among celestial bodies but within
human and social bodies, i.e., societies.
• He took many anthropometric measurements and pioneered the statistical
investigation of social behaviors, studying their distributions and averages.
• He systematically collected data on births, deaths, and crimes and
contributed to the methods of population censuses.
• Quetelet introduced the notion of the homme moyen (“average man”),
combining the social and physical characteristics of populations.
• Such patterns, he argued, could be explained by “the general causes for
which society exists and maintains itself.”
• He believed that the “science of man” should investigate the “social body,”
and not the “particularities distinguishing the individuals composing it.”

70. • He found that some people were more likely to commit crime than
others, especially those who were young, male, poor, unemployed, and
undereducated.
• Young males were more likely to commit crime under any circumstances,
so that places with more young males tended to have more crime.
• The poor and unemployed tended to commit crimes in places where there
were many wealthy and employed people.
• Quetelet suggested that opportunities might have something to do with
explaining this pattern.
• He also pointed to an additional factor: the great inequality between
wealth and poverty in the same place excites passions and provokes
temptations of all kinds.

71. • Quetelet found that people with more education tended to commit less
crime on the whole but they also tended to commit more violent crime.
• He therefore argued that increased education itself would not reduce
crime.
• Quetelet concluded that the propensity to engage in crime was actually
a reflection of moral character.
• Quetelet retained the view throughout his life that crime essentially
was caused by moral defectiveness, but increasingly took the view that
moral defectiveness was revealed in biological characteristics,
particularly the appearance of the face and the head.

72. André-Michel Guerry (1802 – 1866)

73. • He is a French Lawyer and an amateur statistician.
• He consistently sought to go beyond mere description of individual
phenomena, but rather to understand the relations among factors that
affected, and might explain, human behavior in the social and moral
realms.
• Guerry wanted to compare rates of crime with the level of instruction
across France, to see whether, as some social thinkers had suggested,
increased education was associated with lower crime.
• Rather than drawing separate maps, he composed three maps on a single
sheet, showing crimes against persons, crimes against property and level
of instruction for each department.

74. • The result was quite surprising, because it suggested (a) crime against
property and against persons seemed inversely related overall, though both
tended to be higher in more urban areas; at the very least, one could not
speak of “crime” as if it were a single phenomenon. (b) There did not seem
to be any apparent direct relation of either type of crime to instruction.
• To go beyond simple description, he classified the crimes of poisoning,
manslaughter, murder and arson according to the apparent motive indicated
in court records (for poisoning, the motive was most often adultery; for
murder it was hatred or vengeance).
• This quest to examine motives and causes is most apparent in his analysis
of suicide.

75. • He obtained all the suicide notes found by police in Paris over a three-
year period and classified each according to the sentiments or motives
expressed for taking one’s life, the first known example of what is now
called “content analysis” in social science.
• Guerry’s introductory text describes a comprehensive method (which
he called “analytical statistics”) to study the relations that each type of
crime (e.g., fraud, rape, murder) might have to a wide variety of moral
and social characteristics (population density, agricultural, education,
aspects of religion, and so forth).
• His works broke new ground in thematic cartography, statistical
graphics, the study of suicide and criminology and other areas that
would eventually become modern social science.

76. Biological Theories
• Family / Genetics
• Epidemiological evidence that genetic factors contribute to criminal
behavior come from three sources: family, twin, and adoption studies.
• The limitation of family studies is the inability to separate the genetic
and environmental sources of variation.

77. Twin Studies
• Twin studies support the contention that a heritable trait may increase
risk for criminal behavior.
• Twin studies compare the rate of criminal behavior of twins who are
genetically identical or monozygotic twins (MZ) with twins who are
not, or dizygotic twins (DZ) in order to assess the role of genetic and
environmental influences.
• To the extent that the similarity observed in MZ twins is greater than
that in DZ twins, genetic influences may be implicated.

78. The Jukes
• Richard Dugdale, in 1877, published a study of a family whom he
called the “Jukes” family.
• He referred to a mother several generations back in the family as
“Margaret, the mother of criminals,” and then studied her descendants.
• He said that in 75 years, her descendants had cost the state of New York
over $1.25 million—which, at the end of the 19th century, was a
stupendous sum of money.
• The Jukes' world was mired in crime and poverty, shot through with the
habit of illicit sex.

79. • Dugdale's litany of evils listed "crime, pauperism (poverty),
fornication (extramarital sex), prostitution, bastardy (begetting of an
illegitimate child), exhaustion (extreme physical or mental tiredness),
intemperance lack of restraint or control), disease and extinction“
(disappearance) as other common features of their lives.
• Study of the Jukes family began in the 19th-century, when Elisha
Harris, once president of the American Public Health Association,
mentioned a woman named Margaret who came from a poor social
class and gave birth to criminals.
• Richard Dugdale took upon further study of the family, whom he
assigned the pseudonym "Jukes”.

80. • His study shows that the Jukes had produced numerous criminals,
brothel-keepers, prostitutes and relief recipients, including two
"feeble-minded" individuals.
• The initial woman studies, Margaret, or Ada Juke, was traced as
having relation to some 700 criminals.
• His findings focused on environment as a critical factor, particularly
poverty, rather than heredity.
• The eugenics movement used the study as a "genetic morality tale", as
drew conclusions from the study that suggested heredity and
criminality were heritable traits.
• In the 1960s, the Jukes family study was discredited.

81. Kallikaks
• The term “Kallikaks” was appeared in a book titled “The Kallikak
Family: A Study in the Heredity of Feeble-Mindedness” written by
Henry H Goddard, the famous American psychologist and eugenicist.
• The book was an extension of his studies on inheritance of ‘feeble-
mindedness’, a general category referring to a variety of mental
disabilities including intellectual disability, learning disabilities, and
mental illness.
• Goddard concluded that a variety of mental traits were hereditary and
that society should limit reproduction by people possessing these
traits.

82. • Goddard, in his book was tracing the descendants of a man whom he
called Martin Kallikak, a fictitious name for a Revolutionary War
soldier.
• Martin seduced a feeble-minded girl (a tavern girl), and she produced
a feeble-minded son, who had 480 descendants (as of 1912). Of the
480, Goddard said, 33 were sexually immoral, 24 were drunkards,
three were epileptics, and 143 were feeble-minded.
• On the other hand, Goddard claimed that Martin married a young
woman of normal intelligence (a quakeress), and they had 496
descendants, with no feeble-minded children at all.
• Goddard’s study seemed to provide evidence for a link between bad
genes, feeblemindedness and immoral behavior.

83. ‘Good’ and the ‘bad’
Kallikaks

84. • The name Kallikak is a pseudonym used as a family name throughout
the book.
• Goddard coined the name from the Greek words kallos meaning good
and kakos meaning bad.
• The Kallikak Family told the tale of a supposedly “degenerate” family
from rural New Jersey, beginning with Deborah, one of the inmates at
The Training School.
• The story described generations of illiterate, poor, and purportedly
immoral, Kallikak family members who were chronically
unemployed, supposedly feebleminded, criminals, and, in general,
perceived as threats to racial hygiene.
• The point of all the stories, of course, was that feeble-minded people
multiply like hamsters, dragging society down more and more in each
generation. Allowing them to breed just makes a bad problem worse.