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CRIMINOLOGY
AN INTRODUCTION AND OVERVIEW
Jojo P. Bautista, MS Crim.
WHAT IS CRIMINOLOGY?
Etymological Definition
CRIMINOLOGY - (from Latin crîmen, “accusation”, and Greek – logia,
“study”) – is the scientific study of crime, criminals, and criminal behavior.
The term was coined in 1885 by Italian law professor RAFFAELE
GAROFALO as criminologia.
WHAT IS CRIMINOLOGY?
Criminology (broadest sense) – is the body of knowledge regarding crimes,
criminals, and the effort of society to prevent and repress them.
Criminology (narrower sense) – is the scientific study of crimes and
criminal behavior.
WHAT IS CRIMINOLOGY?
Criminologists scientifically study the following:
1. The nature and extent of crime.
2. Patterns of criminality.
3. Explanations and causes of crime and criminal behavior.
4. Control of crime and criminal behavior.
WHAT IS CRIMINOLOGY?
Classic Definition
According to Edwin Sutherland and Donald Cressey:
Criminology is a body of knowledge regarding crime as a social
phenomenon. It includes within its scope the processes of making laws, of
breaking of laws, and of reaction toward the breaking of laws.
Making of laws
Law is passed because of the consensus of the will of the public. In
the Philippines, we have bicameral system of legislation. It is called
bicameral because it is composed of two houses; the Senate and the
House of Representatives. We have three major divisions or branches in
the government; the executive, vested on the office of the president, the
legislative, cited and explained above; and the judiciary, vested on the
Supreme Court. We are being represented by the legislative branch in
making laws.
Early laws worldwide setting:
1. Code of Hammurabi – Babylon (1700 B.C)
2. Mosaic Code – Israelites (1200 B.C)
3. Draconian Code – Greece (17th century)
4. Hindu Code of Manu – India
5. Koran – Islamic Society
6. Law of Twelve Tables – Romans (451-450 B.C)
7. Law of Moses (1500B.C-1900 B.C)
Early laws in the Philippines:
1. Maragtas Code (1215) –
- the oldest law of Panay Island
2. Kalantiaw Code (1433) –
- 2nd code of criminal justice
Breaking of laws
All violations of laws are violations of the will of the majority in the society.
Violation of the provisions of the criminal laws created by the public thru
representation is called CRIME.
CRIME – is an act or omission in violation of criminal law.
Act is outward movement tending to produce effect.
Reaction of the society towards the breaking of
laws:
Society either reacts positively or negatively when someone commits
crime.
However, seldom has the society reacted positively; it reacts negatively by
imposing punishments on the law-breaker.
Phenomenon – observable; something which can be observed; any fact,
circumstances., or experiences which can be explained scientifically.
Objectives of criminology:
The development of a body of general and verified principles and of other
types of knowledge regarding this process of law, crime, and its control
and prevention, and the treatment of youthful offenders.
THREE (3) Principal divisions of criminology:
1. Criminal etiology –it is an attempt at scientific analysis of the causes of
the crime.
2. Sociology of law – which is an attempt at scientific analysis of the
conditions which penal/criminal laws has developed as a process of
formal and social control.
3. Penology – which is concerned with the control and prevention of crime
and the treatment of offenders.
PURPOSE OF CRIMINOLOGY:
The purpose of criminology is to offer well-researched and objective
answers to four basic questions:
1. Why do crime rates vary?
2. Why do individuals differ as to criminality?
3. Why is there variation in reactions to crime?
4. What are the possible means of controlling criminality?
Goals of studying criminology:
1. To describe criminal behavior
2. To understand criminal behavior
3. To predict criminal behavior
4. To control criminal behavior
Various studies and sciences related to criminology:
1. Law
2. Sociology
3. Psychology
4. Medicine
5. Chemistry
6. Public Administration
7. Education
8. Theology
9. Economics
Agencies and sectors associated to criminology:
1. Legislative bodies and lawmakers
2. Law enforcement agencies
3. Courts and prosecution
4. Correctional institutions
5. Educational institutions/schools
6. Public charitable and social agencies
7. Public welfare agencies
8. Non-government organizations
Agencies and sectors associated to criminology:
9. Family and the Home
10.The church
11. private charitable and welfare institutions
12. Civic clubs and organizations
13. Print media, radio and television
Nature of criminology:
Criminology continues to bring together in a very amorphous manner
people who do the following kinds of work:
1. Academicians (often sociologists) who teach students a subject called
criminology, including those criminologists who also do research and
write on the subject;
2. Teachers who train other people for professional roles in crime control
and criminal work.
3. Those who are involved in policy research within the criminal justice
system; and
Nature of criminology:
4. Those who apply criminology that is all the people who are employed in
criminal justice agencies, ranging from policemen to lawyers to prison
wardens to correctional workers.
Even this list of broad groupings does not exhaust the possibilities as
criminology and criminal justice increasingly play prominent roles in the
further development of society.
Is criminology a science?
There is at present a continuing argument whether criminology is a
science or not. Edwin H. Sutherland and Donald Cressy both American
Criminologist argued that criminology is not a science but it has hopes of
becoming a science.
However, George L. Wilker said that criminology cannot possibly
become a science due to lack of universal proposition of crime and
scientific studies of criminal behavior is impossible.
Generally, criminology cannot be considered a science because it
has not yet acquired universal validity and acceptance. It is not stable, and
it varies from one time and place to another.
So how criminology become a science?
Criminology is a science in itself when applied to law
enforcement and prevention of crimes under the following:
1. It is an applied science – in the study of the causes of crimes,
anthropology, zoology, psychology, sociology and other natural
sciences may be applied. Natural science is concerned with the
physical nature or environment. While in crime detection, chemistry,
medicine, physics, mathematics, ballistics, photography, legal medicine,
question documents examination may be utilized. This is called
Instrumentation (applied Sciences). Applied science focuses on the
practical application of the principles discovered in basic science.
So how criminology become a science?
2. It is a social science – in as much as crime is a social creation
and that it exists in a society being a social phenomenon, its study
must be considered a part of social science.
This means the study of criminology includes not only the
study of crimes and criminal behavior but also the reaction of society
towards crime and criminal behavior.
Social science – refers to the intellectual and academic
disciplines designed to understand the social world objectively.
- It is the study of the various aspects of human
society.
So how criminology become a science?
3. It is dynamic – criminology changes as social conditions
changes. It is concomitant with the advancement of other
sciences that have been applied to it.
This further means that criminology is relative. The study of
crime varies from place to place, generation to generation, and from
culture to culture. Also, those acts defined as criminal today may no
longer be considered as criminal acts in the coming years. The study of
crime changes when criminal laws, values, beliefs, social structure,
and other social factors change. Remember that crime is a legal term.
A behavior can be labeled as crime only when it is defined by law as
such. Thus, the study of crime changes when its definition changes.
So how criminology become a science?
4. It is interdisciplinary – many disciplines are involved in the study
of crimes and criminal behavior. Among them are sociology,
psychology, psychiatry, economics, political science, and so on.
5. It is nationalistic – the study of crimes must be in relation with
existing criminal law within a territory or country. Finally, the question
as to whether an act is a crime is dependent on the criminal law of a
country.
The scope of criminology
1. Study of the causes of crimes and development of criminals.
2. Study of the origin and development of criminal laws.
3. Study of the different factors that enhances as :
a. Criminal psychology – study of human mind and behavior in relation
to criminality.
b. Criminal psychiatry – study of mental and behavioural disorders in
relation to criminality.
c. Criminal epidemiology – the study of criminality in relation to spatial
distribution on a community.
The scope of criminology
d. Criminal demography – study of the relationship between
criminology and population.
e. Criminal ecology – study of the relationship between environment
and criminality.
f. Criminal physical anthropology – study of criminality in relation to
physical constitution of men.
g. Victimology – study of the role of the victim in the commission of
crime.
The scope of criminology
4. Study of the various process and measures adopted by society violation
of criminal laws :
a. The detection and investigation of crimes.
b. The arrest and apprehension of criminals.
c. The prosecution and conviction of the criminal in a judicial
proceeding.
d. The imprisonment, correction, and rehabilitation of the criminal
convicted of a crime.
e. The enforcement of laws, decrees and regulations.
f. The administration of the police and other law enforcement
agencies.
g. Maintenance of recreational facilities and other auxiliary prevent the
development of crimes and criminal behavior.
Major areas of study in criminology
1. Criminal Sociology – includes the fundamentals of criminology, juvenile
delinquency, human behavior and crisis management, ethics and
community relations, and criminal justice system.
2. Criminal Law and Jurisprudence – covers the study of the Revised
Penal Code and its amendments, and other laws that are penal in
nature, criminal procedure, and the law on evidence.
3. Law Enforcement Administration – embraces police organization,
operational planning, patrol, industrial security management,
intelligence and secret service, police records, and personnel
management.
Major areas of study in criminology
4. Crime Detection, Investigation and Prevention – consist of Criminal,
special and arson investigation, vice control, traffic management and
accident invstigation, and police report writing.
5. Criminalistics – covers the following areas:
a. Dactyloscopy – the science of fingerprinting.
b. Police photography – study of the black and white and colored
photograph (both film-based photography and digital photography)
c. Polygraphy – the science of lie detection examination.
d. Ballistics – study of firearms and bullets.
e. Question document examination – study of disputed documents.
Major areas of study in criminology
f. Forensic medicine – application of medical science to elucidate
legal problems.
g. Forensic Chemistry – application of chemical principles in the
solution of problems that arise in connection with the
administration of justice.
6. Corrections – deals with the institution and non-institution correctional
system of approach.
The criminologist
Criminologists are interested as how criminal laws are created, who
has the power to create them, what are the purpose of such laws, how they
are enforced and violated.
The criminologists study the kinds of sanctions or incentives that can
best protect the environment. The criminologists study the relationship
between ideology and power in the making, enforcing, and breaking of
laws.
Criminologist, defined
A criminologist is a person who studies the causes of crimes, its
treatment and using scientific methods.
Criminologists use scientific principles
• Gather data
• Create theories
• Employ establish method of social science inquiry
• Experimental designs
• Sophisticated data analyses
Criminologist, defined
Criminologist is a professional who studies crime, criminals, criminal
behavior, and efforts to control crime (Reid, 1997).
Criminologist is one who is trained in the field of Criminology. Also,
he or she is one who studies crime and criminals, and criminal behavior
(Schmalleger, 1996).
What is then is a licensed criminologist?
A licensed criminologist is a degree holder of Criminology or
Criminology practitioner who passed the Licensure (Board) examination
for Criminologist and is registered with the Professional Regulation
Commission (PRC).
R.A 6506 – an Act Creating the Board of Criminology in the Philippines and
for other purposes.
Is a policeman considered a criminologist?
Generally speaking, a policeman is a criminology practitioner not a
criminologist, because he is focused only in the enforcement of the law,
which is only one aspect in the work of a criminologist.
What is a criminology practitioner?
A criminology practitioner is any person who is a consumer of the
knowledge and research of criminologists, applied in the prevention,
control and treatment of a crime.
Example: any member of any law enforcement agency of the government,
crime laboratory technicians, correctional officers, and other workers of the
criminal justice system.
What is a criminology practitioner?
A person is deemed to be engaged in the practice of Criminology if
he holds himself out to the public in any of the following capacities:
(Section 23, R.A. 6506)
a. As a professor, instructor or teacher in Criminology in any University,
College or school duly recognized by the government, and teaches any
of the following subjects:
1. Law Enforcement Administration
2. Criminalistics
3. Correctional Administration
4. Criminal Sociology and allied subjects
5. Other technical and specialized subjects in the Criminology
Curriculum provided by the Department of Education (now
Commission on Higher Education)
What is a criminology practitioner?
b. As a law enforcement administrator, executive, adviser, consultant or
agent in any government or private agency.
c. As a technician in dactyloscopy, ballistics, questioned documents,
police photography, lie detection, forensic chemistry, and other scientific
aspects of crime detection.
d. As correctional administrator, executive supervisor, worker or officer in
any correctional and penal institution.
e. As counsellor, expert, adviser, researcher in any government or private
agency, on any aspects of criminal research or project involving the
causes of crime, juvenile delinquency, treatment of offenders, police
operations, law enforcement administration, scientific criminal
investigation or public welfare administration.
Privileges given to certified criminologists
Pursuant to Section 24 of R.A. 6506, all certified criminologists shall
be exempt from taking any other entrance or qualifying government or civil
service examinations and shall be considered civil service eligible to the
following government positions:
a. Dactylographer i. security officer
b. Ballistician j. criminal investigator
c. Questioned document examiner k. police laboratory technician
d. Correctional officer
e. Law enforcement photographer
f. Lie detection examiner
g. probation officer
h. agents in any law enforcement agency
Career opportunities for criminology graduates
1. Law Enforcement Officers/Intelligence Officers/Investigators
a. PNP (Maritime, Hi-way Patrol, Aviation, or Airport) as personnel
and police officers.
b. Philippine Port Authority (PPA), as port police
c. Bureau of Customs (Custom Intelligence and Investigation
service)
d. NBI, as special investigators (SI)
e. PDEA, as agents
f. Department of Finance (Anti-Money Laundering and Lifestyle
Check)
Career opportunities for criminology graduates
g. NAPOLCOM, as investigators
h. BFP, as fire officers and investigators
i. Department of Transportation and Communications (DOTC), as
coastguards.
j. Department of the Interior and Local Government (DILG)
k. other government branches with Intelligence and Investigative
units.
2. Members and Officers of the Armed Forces of the Philippines (AFP)
Career opportunities for criminology graduates
a. Philippine Army
b. Philippine Navy
c. Philippine Marines
d. Philippine Airforce
3. Forensic Specialists or Experts
a. NBI
b. PNP – Crime Lab.
c. Higher Education Institutions (HEIs) – State Colleges and
Universities (SUCs) and Private Universities and Colleges (PUCs).
Career opportunities for criminology graduates
4. Personnel and Officers of Correctional Institutions
a. BuCor (DOJ), as prison officers or guards
b. BJMP, as jail officers or guards
c. Parole and Probation Administration, as Probation officers and
Parole officers (DOJ)
d. Provincial Jail under the Office of the Governor in every
province, as provincial jail officers or guards.
5. Judiciary
a. Supreme Court, as Sheriffs
Career opportunities for criminology graduates
6. State Colleges and Universities (SUCs) and Private Universities and
Colleges (PUCS) and Specialized Training Institutions (STIs) such as the
PMA, PNPA, and PPSC as:
a. Administrators
b. Instructors
c. Training Officers
d. Laboratory Technicians
7. Maritime Industry
a. Sea Marshall Officer in private vessels, both national and
international.
Pre-employment eligibilities
1. CRIMINOLOGY PRC LICENSE – REPUBLIC ACT NO. 6506
2. HONOR GRADUATE ELIGIBILITY – PRESIDENTIAL DECREE 907
3. CIVIL SERVICE ELIGIBILITY
4. NAPOLCOM ELIGIBILITY
5. AGENCY ELIGIBILITY
6. CERTIFIED SECURITY PROFESSIONAL LICENSE
Oldest School introduced criminology in the Philippines:
Escuela de Derecho de Manila of 1898 established by Felipe G.
Calderon of Tanza founder and Dean, after his death, rename to
Manila Law College whose educational principles in Criminology was
introduced in the Philippines on 1953 and took effect in 1954 by
establishing sister institution, THE PHILIPPINE COLLEGE OF
CRIMINOLOGY.
Justice Felix Angelo Bautista – PCCR founder (1954)
Chapter 2
HISTORICAL DEVELOPMENT
THE DISCIPLINE OF CRIMINOLOGY HAS EVOLVED IN FIVE PHASES:
The first two phases were the early origins and the DARK AGES wherein
criminological theories have evolved and became more multidisciplinary. This
became the forerunner of independent criminology that seeks to understand crime
itself rather than study of crime as one aspect of overall, biological, sociological or
psychological theories of crime.
The third phase begins in the 18th century. This, in turn, allowed for
dispassionate, scientific study of why crime occurs. The development of this study
is now known as the era of CLASSICAL and NEO-CLASSICAL criminology.
The fourth phase began in 19th century (POSITIVIST criminology). During
this era, criminology distinguished itself as a subspecialty.
The fifth phase begins in the second half on 20th century (independent
criminology). In this period, criminology began to assert its independence from
traditional disciplines that spawned it. Criminological theories have been expanded
upon centuries.
CRIMINOLOGY DEFINED:
- is the scientific study of crimes, criminals, crime victims, and the theories
explaining illegal or deviant behavior, the social reaction to crime, the effectiveness
of anti-crime policies and the broader political terrain of social control.
EARLY ORIGINS OF CRIMINOLOGY
The concept of crime was recognized in the earliest surviving legal codes.
Code of Hammurabi (1750-1799 B.C.) Babylon – punishment was based on physical
retaliateons or lex talionis or eye for an eye, tooth for a tooth.
Mosaic Code (1200 B.C.) Israel – become the foundation of Judeo-Christian moral
teachings, and also became the basis for the U.S. legal system. Ex. Prohibition
against murder, theft, perjury, and adultery.
Code of Twelve Tables (451 B.C.) Rome – the foundation of the Romans Law. It was
formulated by a special commission of ten men in response to pressure from the
lower classes, the Plebeians.
DARK AGES
The early formal legal codes were lost during the DARK AGES, which last for
hundred of years after the fall of Rome. During the period, superstition and fear of
magic and satanic black arts dominated thinking. People who violated social norms
of religious practices were believed to be witches or possessed by demons. The
prescribed method for dealing with possessed was burning at stake.
Punishment included public flogging, branding, beheading, and burning.
Peasants who violated the rule of their asters were violently put down.
The system during the Dark Ages was harsh, less forgiving, and certainly
much less understanding. The system was ridiculous, such as trial by fire, drowning,
and combat were all extremely common, especially for those accused of witchery,
devil worshipping or sorcery.
18th CENTURY CRIMINOLOGY (Age of Enlightenment)
Despite the progress in human culture and knowledge during the Renaissance (1300-1500),
as the 18th century begun, Europian life was still extremely harsh for all but the few wealthy
members of society. Class and family position at birth determined the entire course of a person’s
life. Those who inherited lands and title flaunted their wealth through excessive behavior, such as
gorging themselves on food and drink.
Alcoholism became a problem. The overpopulated and underfed cities became breeding
grounds for crime. The penalty for was hanging. Unfair taxes on those least able to afford burden.
The poor often turned to theft for survival. Crime was viewed as a rebellious act against the political
structure.
In the mid-18th century, a dramatic change was occurring in the social thinking that had
dominated Europe. Religious orthodoxy was being challenged by science; rational thought began to
be valued over senseless traditions, a movement referred today as the “enlightenment.”
Criminologists believed that criminal behavior was the product of the offender’s rational
choice, and crime could be prevented through the speedy and certain application of penalties that
attached painful and unattractive consequences to such behavior.
Criminologist sought to develop theories to explain why crime occurred. They no longer
relied on the offender’s rational choice. Instead, they attributed criminal behavior to the motivation
to commit crime and the social context that allows people to pursue criminal inclination.
19th CENTURY CRIMINOLOGY
The positivist tradition began to develop on the mid-19th century as the
scientific method began to take hold in Europe. This movement was inspired by
new discoveries in biology, astronomy, and chemistry. If the scientific method could
be applied to the study of nature, then why not use it to study human behavior.
The positivist criminologists’ tradition has two (2) main elements:
1. The belief that human behavior is a function of external forces that are beyond
individual control. Some of these forces are SOCIAL: a) wealth and class b)
political c) famine; PERSONAL and PSYCHOLOGICAL: a) individual’s brain
structure b) biological make-up c) mental ability. Each of these forces operates
to influence human behavior.
2. Embrace of the scientific method to solve problems. Positivism relies on the
strict use of empirical methods to test hypotheses. That is, they believe in the
factual, first hand observation and measurement of conditions and events. A
positivist would agree that an abstract concept such as “intelligence” exist
because it can be measured by an IQ test.
20th CENTURY CRIMINOLOGY
For most of the 20th century, criminology’s primary orientation has been
SOCIOLOGICAL. In view of the globalization of the world brought about by recent
technological advances, computerization, and enormous increase in international
commerce, both legal and illegal, criminology have become a necessity.
Criminologists are called upon to assist governments in devising strategies to deal
with a wide variety of international and transnational crime.
There are number of requirements for successful criminological research:
1. Studying law
2. Understanding criminal justice system
3. Learning about culture
4. Collecting reliable data
5. Engaging in research
6. Doing cross-cultural empirical research and studies.
BIOLOGICAL CRIMINOLOGY
Biological explanations of behavior have been out of style for some time. A
glance through criminological texts of the past two decades will indicate less and
less attention being given to the subject, with major emphasis on sociological
theories of criminal behavior.
Earlier criminologist believe that personality is determined by the shape of
the skull, the relationship between criminal behavior and body type, and the study
of facial features and their relationships to crime.
in 1700s PHRENOLOGY emerged as a discipline. It was develop by Franz
Joseph Gall (1758-1828), who investigated the bumps and other irregularities of
the skulls of the inmates of penal institutions and asylums for the insane and
compared his findings to the head and head casts of person who were not
institutionalized. Phrenology is base on the proposition that the exterior of skull
corresponds to the interior of the brain’s conformation.
By measuring the shape of skull, we can measure behavior.
PSYCHOLOGICAL CRIMINOLOGY
SCHOOLS OF THOUGHT IN
CRIMINOLOGY
CLASSICAL CRIMINOLOGY
By the middle of the 18th century, social reformers studied, argued
and began to look for a more rational approach in imposing punishment.
Social reformers sought to eliminate the barbaric system of law,
punishment and justice. They stressed that the relationship between crime
and punishment should be balanced and fair.
Classical school theory - people are rational, intelligent beings who
exercise free will or the ability to make choices. People calculate the costs and
benefits of their behavior before they act. The classical school of thought focuses
on the offense committed rather than on the offender.
CLASSICAL CRIMINOLOGY
Cesare Beccaria – he pioneered the development of a systematic
understanding of why people committed crime. He believed that the
behavior of people with regard to their choice of action is based on
HEDONISM, the pleasure-pain principle: Human beings choose those
actions that give pleasure and avoid those that bring pain. “The
punishment should fit the crime.”
He believes that people were rational and intelligent human beings who
exercise free will. They commit crime because they imagine greater gains coming
from crime than conformity. For punishment to be effective, it must be certain,
severe and administered swiftly. His work, “ESSAY ON CRIMES AND
PUNISHMENT”, is considered to be one of the most influential papers he wrote.
• Free will – the ability to make a choice among various alternatives.
• Hedonistic – the attempt to maximize pleasure and minimize pain.
CLASSICAL CRIMINOLOGY
Jeremy Bentham – a contemporary of Beccaria. He devoted his life
to developing scientific approach to the making and breaking of laws. He
was concerned with achieving “the greatest happiness of the greatest
number.” He referred to his philosophy of social control as utilitarianism.
He based his ideas about crime on the belief that people sought out
pleasure and avoided pain. The punishment must “fit the crime.”
Utilitarianism – assumes that all human actions are calculated in
accordance with their likehood of bringing happiness (pleasure) or
unhappiness (pain). People weigh the probabilities of present and future
pleasures against those of present and future pain.
The Classical School of Criminology’s concept of human nature as
governed by the doctrine of “free will” and rational behavior.
Classical School focused on the criminal act (the crime) and not the
actor (why it was committed).
NEOCLASSICAL CRIMINOLOGY
The neoclassical school, which flourished in the 19th century, had
the same basis as the classical school – a belief in free will. Most of whom
were British. They believed the classical approach was too harsh and
unjust. This school of criminology is a modification of classical theory; it
believed that certain factors such as insanity will inhibit the exercise of
free will.
One changes of the neoclassical period was that children under 7
years of age were exempt from the law because they were presumed to
be unable to understand what is right or wrong. The exemption would cover
juveniles. Mental disease became a reason to exempt a suspect from
conviction too. It was seen as a sufficient cause of impaired responsibility,
and thus defense by reason of insanity crept into the law.
POSITIVIST CRIMINOLOGY
The positivist school originated in the 19th century in the context of
the “scientific revolution.” The positivists rejected the harsh legalism of
the classical school and substituted the concept of “free will” with the
doctrine of determinism. They focused on the constitutional approach to
crime, advocating that structure or physical characteristics of an individual
determine that person’s behavior. Since these characteristics are not
uniform, the positivists emphasized a philosophy of individualized, scientific
treatment of criminals, based on the findings of the physical and social
sciences.
Auguste Comte (1798-1857) – consider as the founder of positivist
school and sociology. He applied scientific methods in the study of society,
from where he adopted the word sociology.
POSITIVIST CRIMINOLOGY
The positivist school was composed of several Italians. Generally, it
is associated with:
1. Cesare Lombroso – who founded the Italian School of thought.
2. Enrico Ferri
3. Rafaelle Garofalo
They were called the “unholy three” by the religious leaders during
the time of positivism because of their belief in evolution as contrasted to
biblical interpretation of the origin of man and woman. Eventually, they
have been called the “holy three of criminology” because of their
emergence symbolized clearly that the era of faith was over and the
scientific age had begun.
POSITIVIST CRIMINOLOGY
The positivist school presumes that criminal behavior is caused by
internal and external factors outside of the individual’s control. The
scientific method was introduced and applied to the study of human
behavior.
Positivism can be broken up into three (3) segments:
1. Biological
2. psychological
3. Social positivism
POSITIVIST CRIMINOLOGY
Key assumptions of the positivist school of thought:
1. Human behavior is determined and not a matter of free will.
2. Criminals are fundamentally different from non-criminals.
3. Positivists search for such differences by scientific methods.
4. Social scientists (including criminologists) can be objective, or
values-neutral, in their work.
5. Crime is frequently caused by multiple factors.
6. Society is based on consensus, and not on social contract.
POSITIVIST CRIMINOLOGY
Cesare Lombroso (1835-1909) – an Italian criminologist, scientist,
university professor, prison doctor, and founder of criminal anthropology. He was
one of the largest contributors to biological positivism and founder of the Italian
School of Criminology. He is widely known as the father of modern criminology.
Lombroso’s work closely followed Charles Darwin’s theory of man’s
evolution. Lombroso contended that just as human beings developed from non-
human animal form, the criminal was a throwback or mutant to a primitive stage
of human evolution. The criminal was a product of biology, and not so much could
be done for this “born criminal.” Lombroso’s positivist approach was scientific,
anthropological and biological. With his research, the “legalistic concern for
crime” advance to a “scientific study of the criminal,” which in turn became the
field of criminology. This accounted for his title of being the father of criminology.
POSITIVIST CRIMINOLOGY
Lombroso’s theory of the “born criminal” states that criminals are a
lower form of life, nearer to their apelike ancestors than non-criminals in
traits and dispositions. They can be distinguished from non-criminals by
various atavistic stigmata, which refers to the physical features of creatures
at an earlier stage of development, before they became fully human beings
POSITIVIST CRIMINOLOGY
Lombroso’s major contributions to positivist criminology:
1. The theory of atavism – Lombroso had the opinion that criminals were
developed from primitive or subhuman individuals characterized by some
inferior mental and physical characteristics such as receding hairline, forehead
wrinkles, bumpy face, broad noses, fleshy lips, sloping shoulders, long arms,
and pointy fingers. He called this condition atavism.
2. The application of the experimental or scientific method to the study of
criminal – Lombroso spent endless hours measuring criminally insane persons
and epileptics’ skulls.
3. The development of a criminal typology.
POSITIVIST CRIMINOLOGY
4. The belief in the indeterminate sentence – penalties should be indeterminate
so that those other “born criminals” who are incorrigible could be worked with
and rehabilitated.
5. The application of statistical techniques to criminology – although crude and
with the use of questionable control groups, statistical techniques were used by
Lombroso to make criminological predictions.
POSITIVIST CRIMINOLOGY
Category of Criminals (Lombroso)
a. Born criminals – these refer to individuals who are born with a genetic
predilection toward criminality.
b. Epileptic criminals – these are criminals who commit crime because they are
affected by epilepsy.
c. Insane criminals – these are those who commit crimes due abnormalities or
psychological disorders. These criminals are not criminal from birth; they
become criminal as a result of some changes in their brains which interfere
with their ability to distinguished between right or wrong.
d. Occasional criminals – these are criminals who commit crime due to
insignificant reasons that push them to do at a given occasion.
POSITIVIST CRIMINOLOGY
Various types of occasional criminals (Lombroso)
a. Pseudo criminals – these individuals are not real criminals. They have neither any
inborn tendency towards crime nor are they under the influence of any bad crime-
inducing habit. They do something criminal on account of acute pressure of
circumstances that leave them with no choice. An example would be persons who kill
in self-defense.
b. Criminaloids (sometimes called criminoloid) means “like a criminal” or “having
resemblance with the criminal.” – criminaloids are not born criminals but non-
criminals who have adopted criminal activity due to pressure of circumstances and
less physical stamina or self-control. The nature of their crimes is not very grave.
c. Habitual criminals – they have no organic criminal tendency, but in the course of their
lives they have developed some foul habits that force them into criminality. Some
attributing factors are poor parenting and education, or contact with other criminals.
d. Passionate criminals – these are individuals who are easily influenced by great
emotions like fit of anger.
POSITIVIST CRIMINOLOGY
Enrico Ferri (1856-1929) – a student of Lombroso and best-known of
Lombroso’s associates. His interest in socialism led him to recognized the
importance of social, economic and political factors in the study of criminal
behavior. His greatest contribution was his attack on the classical doctrine of free
will. He believed that criminals could not be held morally responsible because
they did not choose to commit crimes but rather were driven to commit them
by conditions in their lives.
Raffaele Garofalo (1851-1934) – rejected the doctrine of free will and
supported the position that the only way to understand crime was to study it by
scientific methods. He found that Lombroso’s theory of atavism have many
shortcomings, he traced the roots of criminal behavior, not to physical features,
but to their psychological equivalents, which he called “moral anomalies.”
(Natural crimes are found in all human societies, regardless of the views of
lawmakers, and no civilized society can afford to disregard them). He emphasized
that society needed protection and that penal policy should be designed to
prevent criminals from inflicting harm.
POSITIVIST CRIMINOLOGY
Classification of Criminals (Garofalo)
1. Murderers – those who are satisfied from vengeance or revenge.
2. Violent criminals – those who commit very serious crimes.
3. Thieves – those who commit crimes against property.
4. Lascivious criminals – those who commit crimes against chastity.
POSITIVIST CRIMINOLOGY
Gabriel Tarde (1843-1904) – he rejected the Lombrosian theory of biological abnormality,
arguing that criminals were normal people who learned crime just as others learned legitimate
trades. He formulated his theory in terms of laws of imitation or principles that governed the
process by which people became criminals. According to his thesis, individuals emulate behavior
patterns in much the same way that they copy styles of dress.
Pattern of emulation:
1. Individuals imitate others in proportion to the intensity and frequency of their contacts.
2. Inferiors imitate superiors, and that is, trends flow from local to national and from upper to
lower classes.
3. When two behavior patterns clash, one may take the place of the other.
Tarde’s major contribution in the study of the cause of crime was his concept of the
criminal as a professional type. He believed that most criminals went through a process of
training before finally becoming criminal.
POSITIVIST CRIMINOLOGY
Emile Durkheim (1858-1917) – who is universally acknowledge as one of
the founders of sociology. He pointed out that all societies have not only crime
but sanctions. In a strongly cohesive society, punishment of members who deviate
is used to reinforce the value system to remind people of what is right and what is
wrong, thereby preserving the pool of common belief and the solidarity of the
society. Punishment must be harsh to serve these ends.
According to Durkheim, crime is an inevitable aspect of society. It could
disappear only if all members of society had the same values, and such
standardization is neither possible or desirable. He called this concept anomie
(Greek, anomos, without norms), a breakdown of social order as a result of a loss
of standards and values. In a society plagued by anomie, disintegration and chaos
replace social cohesion.
Perspectives on School of Thoughts:
The classical and the neo-classical school of thought which in the early
1800s proclaims that everyone has free will and will attempt to avoid punishment.
However, the positivist school of thought on the other hand presumes criminal
behavior can actually be brought about internal and external forces outside an
individual’s control.
BIOLOGICAL CRIMINOLOGY
The study on the relationship between biology and crimes leaves no doubt that
biological variables and their interactions are important to the understanding the
origins of the criminal behavior.
Origins of Biological Criminology:
The idea that crime is caused by biological defects or deficiencies in the offender was not
new when advanced b Lombroso. The most influential attack on Lombroso’s work was conducted
by British Criminologists Charles Buckman Goring (1817-1919), who recorded the facial and other
measurements of several thousand criminals and non-criminals. In his book “The English Convict”
in 1913, Goring concluded that Lombroso’s findings had no adequate scientific support and that
statistical evidence disproved the existence of a biological criminal type.
Categories of Biological Criminology:
1. Genetic factors – traits are transmitted from parents to offspring.
2. Neurological abnormalities – focus on abnormalities in brain functioning that reduce
inhibitions toward aggression.
Another type of dysfunction that may be related to aggression is chemical imbalances in
the brain. The gaps between cells in the nervous system are called synapses and the chemicals
that enable the flow of electrical impulses across the synapses are called neurotransmitter.
Criticisms on Biological Criminology:
1. They suggest that one can genetically inherit a trait or propensity that is socially defined and
culturally relative.
2. Any biological difference that is found is likely to explain only a minor proportion of criminal
behavior compared with social and cultural factors.
3. The bio-positivism seen to share a conservative consensus world view, an unquestioned
acceptance of official definition of criminality, and the social class bias that crime is primarily t
be found among “the dangerous class.”
4. Most of these studies reflect a “dualistic fallacy” notion, which assumes the mutual exclusivity
of criminals and non-criminals.
5. Most od their analyses are plagued by weak operationalization of key concepts such as
“feebleminded”, “inferior,” and crime.
Criticisms on Biological Criminology:
1. Not all biological difference is inherited; many may be due to pre-natal environment, injury,
and inadequate diet.
2. Modern genetics has simply bypassed many of these simplistic theories. Most modern
biologist speaks against notions of the inheritance of acquired characteristics, emphasizing
instead selective adaptation and mutation.
3. Many of these studies are based on small and/or inappropriate samples.
4. As a result of the dominance of this approach, criminological theory was very likely led down
the wrong path. The popularity of many of these theories related to their conservative and
individualistic emphasis and to their compatibility with authoritarian and simplistic solution to
the crime problem.
Bio-criminology – is the study of the physical aspects of psychological disorders.
PSYCHOLOGICAL
CRIMINOLOGY
Psychologists have considered a variety of possibilities to account for individual
differences, such as defective conscience, emotional immaturity, inadequate
childhood socialization, and maternal deprivation. They study how aggression is
learned, which situations promote violent or delinquent reactions. How crime is
related to personality factors and the association between various mental disorders
and criminality.
Origins of Psychological Criminology:
Psychological theories attempts to explain human intellectual and emotional
development:
Three (3) categories of psychological theories:
1. Moral development theory
2. Social learning theory
3. Personality theory
Moral Development Theory – describes a sequence of developmental stages that people
pass through when acquiring the capacity to make moral judgements. According to this theory,
this development process may or may not be completed, and people who remain unable to
recognize right from wrong will be more likely to engage in inappropriate, deviant, or even
criminal behavior.
Categories of Psychological Criminology:
• Moral Development Theory (by Jean Piaget, 1896-1980) – describes a sequence of
developmental stages that people pass through when acquiring the capacity to make moral
judgements. According to this theory, this development process may or may not be completed,
and people who remain unable to recognize right from wrong will be more likely to engage in
inappropriate, deviant, or even criminal behavior.
four (4) stages of cognitive development (Piaget):
1. From birth to age two (2) – children experience the world only their senses and motor
abilities and have a very immediate, experienced-based knowledge of the world.
2. Between two to seven – children learn to think about and understand objects using thoughts
that are independent of immediate experience. Children are egocentric, and that is, they
believe that others experience the same reality that they do.
3. Seven to adolescence – the child learns to think logically and to organize and classify objects.
Beginning in adolescence, the child develops the ability to think logically about the future and
understand theoretical concepts.
Categories of Psychological Criminology:
Lawrence Kohlberg (1927-1987) – a pioneer of moral development theory
proposed a multistage theory of moral evolution.
1. Early level of development, children strive to maximize pleasure and avoid
punishment.
2. Children consider the needs of others only to the extent that meeting those
needs will help the child fulfill his /her own needs.
3. The next period, which is characterized by conformity to social rules, the child
demonstrates respect for and duty to authority.
4. The child also seeks disapproval from the authority.
5. As the child matures, his /her moral judgment is motivated by respect for
legally determined rules and an understanding that these rules exist to benefit
all.
6. Universal principles are internalized such as liberty and justice.
Categories of Psychological Criminology:
• Social Learning Theory - proposes that people internalize moral
codes more through the process of socialization or learning the
behavior through interaction with others, rather than through a
stage by stage development process. Social learning theories believe
that crime is a product of learning the norms, values and behaviors
associated with criminal activity.
Social learning theory maintains that young person learns how
to behave based on how elders or primarily parent figures, respond to
the person’s violations of and compliance with rules.
Categories of Psychological Criminology:
• Personality Theory – attempts to explain how people acquire predispositions
toward certin behavior. These predispositions are sometimes discussed in terms
of personality traits, such as impulsiveness and stubbornness, or personality
types, such as introvert and extrovert.
Personality – defined as the reasonably stable patterns of behavior,
including thoughts and emotions that distinguish one person from another.
Intelligence - refers to the general mental capability to reason, solve
problems, think abstractly, learn and understand new material, and profit from
past experience.
Henry Maudsley (1835-1918) - an English psychologist also believes that
criminals are morally insane. He argued that criminals as a group are defective on
physical and mental organization and thus lack any sense of morality.
Moral Insanity – is an inherent quality, and crime is a way in which the
deviant can express pathological urges.
Categories of Psychological Criminology:
Sigmund Freud (1856-1939) – the founder of psychoanalysis, suggested that
criminality may result from an overactive conscience that results to excessive guilt
feelings.
Psychoanalytic theory
- this theory blames criminal or delinquent behavior to a conscience that is
either so overbearing that is arouses feelings of guilt, or so weak that it cannot
control the individual’s impulses and leads to a need for immediate gratification.
Categories of Psychological Criminology:
Three parts of personality (Sigmund Freud):
1. Id – it present at birth. It is the impulsive part of the personality and
unconscious. It represents the unconscious biological drives for sex, food and
other life-sustaining necessities. The id impulses require instant gratification
without concern for the rights of others. It also is antisocial and knows no
boundaries, or limitations. It operates according to “pleasure principle.”
2. Ego – this is the objective, rational part of personality, the reality component.
It grows from id and represents the problem-solving dimension of the
personality. The ego compensate for the demands of the id by helping the
individual guide his actions to remain within the boundaries of righteousness
and fairness. It operates according to “reality principle.”
3. Superego – is the “conscience” of a person. It is the moral aspect of
personality. It allows a person to feel pride, shame, and guilt. It develops from
ego and is the moral code, norms, and values the child has acquired. Freud
believed that some people are criminal due to an overdeveloped superego
which leads to guilt, anxiety and a desire for punishment.
Concepts of Psychological Criminology;
Three (3) main psychological perspective:
1. Psychodynamic view – links aggressive behavior to personality conflicts
developed in childhood.
2. Cognitive theory – is concerned with human developments and how people
perceive the world.
3. Social Learning theory – sees criminality as learned behavior.
SOCIOLOGICAL CRIMINOLOGY
Sociological theories of crimes assume that the offender’s personality and action
are molded by contact with the social environment and such factor age, gender, social
class, and ethnic origins. People do not live as isolated individuals but as members of
social groups, and it is these social influence that shape behavior. Sociological
explanations of criminality emphasize that offenders are molded by societal forces. Among
the several theories that have arisen from this foundation, three deserves special mention.
A) social structure theory
B) social process theory
C) social conflict theory
Origins of Sociological Criminology:
The most common criminological theories attribute criminal motivation to
environmental or social factors than biological or psychological traits. These
theories may focus on social influences on crime or on economic factors:
1. Social cause – one of the first theories describing the influence of social
factors on crime came from French Sociologist Gabriel Tarde.
Gabriel Tarde - His basic theory on the causes of crime was founded on
laws of imitation. He believed that the persons predisposed to crime are
attracted to criminal activity by the example of other criminals. He felt that the
particular crimes committed and the methods committing those crimes are
products of imitation. Tarde was also one of the first to study the professional
criminal. He noted that certain offenders pursue careers of crime.
Emile Durkheim – he believed that the causes of crime are present in the
very nature of the society, crime is related to loss of social stability. Durkheim
used the term anomie to describe the feelings of alienation and confusion
associated with the breakdown of social bonds.
Origins of Sociological Criminology:
a.) Social-Structure theories
emphasizes the effects of an individual’s position in society and the
constraints that the person’s status puts on his or her perceptions and behavior.
All members of society subscribe to the same moral code but some people,
because of their position in society are more able than others to follow code.
Social-structural theories assert that crime is an adaptation to the limitations that
social position places on individual behavior.
Socio-structural theorists focus their attention on socio-economic status or
social class and the strain that lower class status brings. The principal goal of
these theories is to explain why poorer people engage in crime more frequently
than wealthy individuals.
Origins of Sociological Criminology:
Cloward and Ohlin’s Differential Opportunity Theory
• Richard Cloward and Lloyd Ohlin focused on serious delinquency
committed by urban, male gang members. They asserted that two goals
pursued by lower-class youth were a.) economic success and/or b.)middle-class
membership. Cloward and Ohlin believed that illegal opportunities, like
conventional opportunities, are stratified unequally. This means that there is an
illegitimate opportunity structure just as there is a legitimate opportunity
structure for success.
• Legitimate opportunity structure involves education, hard work, and a
good occupation, and not everyone has access to this opportunity structure to
obtain economic success.
• The illegitimate opportunity structure includes criminal enterprises in
neighborhoods where there are criminal mentors to assist youths in becoming
successful criminals.
Origins of Sociological Criminology:
Differential Association Theory – developed by Edwin Sutherland, it assumes that
persons who become criminal do so because of contacts’ with criminal patterns
and isolation from non-criminal patterns.
Principles of Differential Association:
• Criminal behavior is learned
• Learning is a by-product of interaction
• Learning occurs within intimate groups.
• Criminal techniques are learned.
• Perceptions of legal code influence motives and drives.
Origins of Sociological Criminology:
ECOLOGICAL THEORY – focuses on the criminal’s relationship to the social
environment. It seeks to explain delinquency based on where it occurs. The
environment of an area has an impact on delinquency. The most prominent
ecological theory is Clifford R. Shaw and Henry D. McKay’s social disorganization
theory.
In 1940s, Henry McKay and Clifford Shaw focused on Juvenile
delinquents, finding that they were concentrated in the zone of transition.
Chicago school sociologists adopted a social ecology approach to studying
cities, and postulated that urban neighborhoods with high levels of poverty often
experience breakdown in the social structure and institutions such as family and
schools. This results in social disorganization, which the ability of these
institutions to control behavior and creates an environment ripe for deviant
behavior.
Origins of Sociological Criminology:
Social Disorganization Theory – is based on the work of Henry Mckay and Clifford
Shaw of the Chicago School. It links crime rates to neighborhood ecological
characteristics. A disorganized area is one in which institutions of social control,
such as the family, commercial establishments and schools, have broken down
and can no longer carry out their expected functions.
Indicators of social disorganization include high unemployment, school
dropout rates, deteriorated housing, low income levels, and large numbers of
single-parent households. Residents in these areas experience conflict and
despair, and as a result, anti social behavior flourishes.
Origins of Sociological Criminology:
b). Sub-Cultural Theories
Sub-cultural theories assume that certain groups have values quite distinct from those of
the rest of society. Members of these groups will be disproportionately involved in crime because
they acquire and follow the values of their group. According to the sub-cultural model, crime does
not occur because people have been imperfectly socialized; it occurs because they have been
socialized in a deviant group and acquired its values.
Social-Control Theory (Travis Hirschi, 1935-2017) – assumes that everyone has predisposition
toward criminal behavior.
Social Control Theory seeks to answer the question, “Why don’t juveniles commit
delinquent acts?” Social control theory assumes that people will violate the law. So why don’t
they? The answer to this question, according to social theorists, lies in the strength of an
individual’s ties to the foundations of society (family, friends, and school). Those who have close
ties with their families and non-delinquent friends as well as those who possess high self-esteem
are unlikely to commit delinquent acts. These individuals are bonded to the larger society.
Individuals who are not bonded to the larger social order are free from constraints to violate the
law.
Origins of Sociological Criminology:
Social Control/Social Bonding Theory (Travis Hirschi) – according to Hirschi, people usually do not
commit delinquent acts because they fear that this behavior will damage their relationships with
their parents, friends, families, teachers, and employers; thus, individuals do not commit
delinquents acts because they are bonded to the larger society. When these social bonds are
broken or diminished, delinquency is likely.
Four elements of the social bond:
• Attachment – describes the emotional and psychological ties a person has with others. It
includes sensitivity to and interest in others as well as sense of belonging. Hirschi believed that
attachment to parents is more important than attachment to peers and school. Attachment is
the most important element of the social bond.
• Commitment – involves the time, energy, and effort expended in conventional action. For
example, someone who has worked hard to get a good education is not likely to jeopardize
those efforts by committing crime. The more conventional assets people have—such as an
education, job, and home – the less likely they are to commit crime.
• Involvement – means significant time and attention spent in conventional activities, which
leaves little time for illegal behavior. People who are busy working, going to school, and raising
children are far less likely to commit crime. They do not have the spare time to indulge
temptations to commit crimes.
• Belief – describes the acceptance of moral legitimacy of law and authority, with an
understanding that the law should be obeyed.
Origins of Sociological Criminology:
• Self-Control Theory (Gottfredson and Hirschi) – Michael Gottfredson and Travis
Hirschi argued in later control theory that the tendency to commit crime can be
found in the level of self-control.
Self-Control – the ability to control one’s own behavior. Gottfredson and
Hirschi proposed that those who commit delinquent acts have low self-control;
they tend to be impulsive, insensitive, and need immediate gratification.
What causes people to have limited self-control? Lack of self-control is
caused by inadequate child-rearing practices. Self-control, according to
Gottfredson and Hirschi, is instilled in children by the age of eight and is relatively
constant thereafter. They suggested that parents must monitor their child’s
behavior, recognize inappropriate behavior when it occurs, and punish the
inappropriate behavior. If an individual has low self-control but there is no
criminal opportunity, then delinquency will not take place. If opportunity presents
itself to a juvenile with low self-control, delinquency is likely to occur.
Origins of Sociological Criminology:
2. Economic Cause
Studies concerning the influence of economic factors on criminal behavior
have attempted to link economic deprivation to increased motivation to commit
crimes, especially property crimes.
Other studies attempt to relate the disproportionate involvement of poor
people in crime to the distribution of power in society. The assumption in these
studies is that criminal law is a tool used by the social group with higher economic
status o advance its class interests.
Studies of the relationship between unemployment and crime have
yielded conflicting results. Some studies indicate a negative relationship between
unemployment and crime, and that is, when unemployment decreases, crime
increases, or vice versa.
Origins of Sociological Criminology:
Those who follow the teachings of German Philosopher Karl Marx (1818-
1883), known as Marxists, believe that capitalist societies generate surplus labor
as a means of limiting the demands of workers for higher wages and other
benefits.
During the period of economic expansion, fewer people are punished for
criminal activity. This reduces the amount of people in jail and increases the size
of surplus labor in the economy. On the other hand, during periods of economic
decline, more people are put in jail, which prevents too much surplus labor from
posing a threat to the social and economic order.
Sociological Theories of Criminality:
By the rapid growth of population, more particularly in urban places owing
to industrialization, sociologist reached the conclusions that growing up and living
in urban places, such as in squatters and slum areas, undoubtedly influenced the
outcome of people’s lives.
Auguste Comte (1798-1857) – the founder of sociology, argued that the
process whereby with the development of industrialize society people have
become increasingly separated into different places of residence and employment
has subverted the moral authority of a previously united society.
From these perspective, people are seen to commit criminal acts not
because it is in their material interest to do so, but because there is no strong
moral authority influencing them to do otherwise.
Sociological Explanation of crimes:
Five possible reactions or adaptations can occur when people are not in position
to legitimately attain internalized social goals.
Merton developed five (5) modes of adaptation:
1. Conformity – a conformist both accepts the cultural goal of economic success and
accepts the institutionalized means to obtain the success. A conformist is highly
unlikely to commit delinquent acts.
1. Ritualism – a ritualist rejects the cultural goal of economic success but accepts the
institutionalized means to obtain the cultural goal. Ritualist respond to strain by
lowering their aspiration for financial success, but they still accept the means to obtain
it, such as employment and education. It is unlikely that ritualist, who are heavily
represented in the lower middle class, will commit delinquent acts.
Sociological Explanation of crimes:
3. Innovation – an innovator accepts the goal of economic success but rejects the institutionalized
means to obtain it. In this adaptation, the individual invents new means to obtain economic
success other than education and employment. The innovator may commit offenses such as drug
dealing, robbery, fraud, bribery, and prostitution in an effort to obtain financial success. Innovators
want to be financially successful and will commit delinquent acts that move them forward to this
goal. Innovation is the mode of adaptation that is most likely to lead to delinquency.
4. Retreatism – a retreatist rejects both the cultural goal of economic success and any
institutionalized means to obtain it. Retreatist do not aspire to financial success nor are they
concerned with education and employment. They frequently escape into drug addiction and may
commit crimes to support their drug use. The retreatist’s strain is reduced by abandoning both the
goal and the means to obtain it.
5. Rebellion – a rebel rejects the cultural goal and the means to attain it but substitutes new goals
and new means to obtain them. This adaptation is likely to lead to delinquency and can be
represented by some gangs, militias, cults, and countercultures. Delinquency is likely to occur
among rebels, but it will not be as prevalent as delinquency among innovators.
RADICAL CRIMINOLOGY
The term Radical is defined as “favouring or effecting revolutionary changes”. In this
definition, criminological theories may be considered radical in at least two ways:
1. These theories represent a dramatic break with the pragmatic frameworks of the
varied theories.
2. These theories advocate fundamentals changes in the society’s social structure,
particularly in the mode of producing and distributing resources in order to
substantially reduce or eliminate crime.
Radical Criminology:
Radical Criminology – states that society functions in terms of the general
interests of the ruling class rather than “society as a whole” and that while the
potential for conflict is always present, it is continually neutralized by the power of
the ruling class. Radical criminology is related to critical and conflict criminology in
its focus on class struggle and its basis in Marxism. From this perspective, law, law
enforcement agencies, and government itself are instruments of the ruling class
to maintain their advantageous position in society, and to control those who pose
a threat to their position.
Radical Criminology considered crime to be a tool used by the ruling class.
Laws are put into place by the elite and are then used to serve their interests at
the peril of the lower class.
Radical Criminology:
Radical Theory – radical theories of crime causation are generally
based on Marx’s ideas. Among the first criminologists to employ
Marxist theory to explain crime and justice were Richard Quinney,
William Chambliss and Anthony Platt.
Radical criminologists argue that capitalism is an economic
system that requires people to compete against each other in the
individualistic pursuit of material wealth. The destructive effects of
capitalism, such as crime, are not caused by income or property
inequality or by poverty. Rather, crime is caused by class struggle- the
competition among wealthy people and among poor people,
between rich and poor people, and the practice of taking advantage
of other people.
Radical Criminology:
Radical criminology maintains that there is no such thing as an inherently
criminal act. In other words, in order for the behavior to be criminal, it must be
defined as crimes by some members of the society. It is a basic principle of
Labeling theory.
Social Reaction Theory
Commonly called Labeling theory, the focus of social reaction theory is
the criminalization process- the way people and actions are defined as criminal.
The distinguishing feature of all “criminals” is that they have been the object of a
negative social reaction. Negative labels include “troublemaker,” “mentally ill,”
and “ stupid.” These labels reduce the self-image of the individual.
Radical Criminology:
Labeling theory – this theory states that the reaction of other
people and the immediate effects of these reactions create deviance.
Once it became known that a person has engaged in a delinquent
behavior, said person is segregated from society, and a label such as
“thief,” “drug addict,” and “criminal,” is attached to the person.
Labeling serves as a process of segregation that creates outsiders or
outcasts from society, who begin to associate with others who also
have been cast out.
Origins of Radical theories:
Conflict Theory
Conflict theory assumes that society is based primarily on conflict between
competing interest groups – for instance, the rich against the poor, management
against labor, men against women, adults against children.
Conflict theorists state that delinquent behavior is due to conflict in
society that arises from an unfair distribution of wealth and power. Conflict
theorists are concerned with the role government plays in creating an
environment that is conducive to crime. They are also concerned with the role
that power has in controlling and shaping the law. One of the earliest theorists to
apply conflict theory to the study of crime was George Vold (1896-2018)
Early Radical Criminology Theory:
1. Crime and Privilege (Barry Krisberg, 1945-2019) - a radical criminologist
argued that crime must be studied within “the broader quest for social
justice,” which in turn requires that one must understand the relationship
between crime and privilege. In Krisberg analysis, the poor and indigenous
people, women, and other “underprivileged” or deprived groups of people do
not necessarily commit more crime than middle-class and upper-class , but
they are more likely to be subjected to the strict control and degradation of
the criminal justice system.
2. Crime and Oppression (Richard Quinney, 1934-2019) – he developed a
criminological theory that grew increasingly more Marxist and radical in
orientation. In his book, “The Social Reality of Crime,” he delineated his
propositions that today could best be characterized as continuing a conflict
approach. His perspective was more pluralist than materialist.
Major features of Radical Criminology:
1. Radical criminology rejects the individualistic approach to crime causation.
2. Radical criminology question the rightfulness of law.
3. Radical criminology instead of explaining the fact of deviance with reference
to the society, within which it occurs, gives importance to the social power.
4. Radical criminology do not believed in the accuracy of government figures
relating to crime because government officials either overstate or understate
figures.
5. Radical criminology hold that the law is used only against the poor, the
illiterate, the powerless, and the members of the minority groups.
The ruling class uses legal apparatus mainly with Three (3) objectives:
1. To impose its morality and standard on the society.
2. To protect their persons and property from the depredations of the poor.
3. To compose such definition of criminal behavior which may enable them to
maintain dominance over the poor and the middle classes.
Outlines of Radical Criminology:
1. Radical criminology must be anti-statist and anti-capitalist – it must not succumb to the
myth, as libertarians do, and that there is an opposition between capitalism and the state.
2. A Radical criminology must again recognize exploitation; the social exploitation of labor, as
the central organizing features of capitalist societies.
3. The criminal justice system is themselves a profit maximizing machines – the manner of
their profit-making is the processing and punishment of the poor.
4. The state is a protection racket – a protection racket is a scheme whereby a group provides
protection to businesses or other groups through violence outside the sanction of the law, in
other words, a racket that sells security such as traditionally, physical security but at present it
also involves computer security.
5. Radical criminology must be anti-colonial – it must confront the historic and ongoing assaults
on indigenous people communities globally by settler capitalist and their criminal justice
systems.
6. Radical criminology must be deep green – it must draw attention and oppose the integral
relationships between capitalist exploitation business practices, and the destruction of the
ecosystems.
7. Radical criminology is abolitionist – it must call for the abolition of all static criminal justice
system.
FEMINIST CRIMINOLOGY
It is primarily concerned with the victimization of women such as female
delinquency, prostitution, and gender inequality in the law and criminal justice system are
also receiving attention. Feminism is a set of theories about women’s oppression and set
of strategies to change it. It is related to, but not simply derived from, biological sex
differences, and reproductive capacities.
This seeks to address the limitation by enhancing the understanding of both male
and female offending as well as criminal justice system responses to their crimes.
Feminism:
Feminism is a school of thought that explains gender in terms of the social structure in
which it is constructed and emphasizes the importance of taking collective action to ends sexism.
Four types of feminist criminology:
1. Liberal feminist criminology – focuses on securing the same legal rights for women and men
enjoy. Liberal feminism believe that one cause of gender inequality is blocked opportunities,
so the goal of their social activism is the removal of any obstacles that women face in the paid
work force, education, government, and social institutions. The main strategy for
accomplishing this goal is legal changes, that is, abolishing gender discrimination by enacting
laws that prohibit gender discrimination.
2. Radical feminist criminology – it is a theoretical perspective that sees gender inequality of
sexism as the most fundamental form of oppression. Radical feminist criminology sees male
power and privilege as the root cause of all social relations inequality, and crime. The main
causes of gender inequality are: a.) the needs of men to control women’s sexuality and
reproductive potential; and b.) patriarchy. Radical feminist contends that men physically,
sexually, and psychologically victimize women mainly because of their need and desire to
control them.
Feminism:
3. Social Feminist Criminology – this school of thought argues that women deviancy is the by-
product of exploitation of capitalism and patriarchy. Fewer economic resources, opportunities and
low paying jobs availability are just left over of men who dominate capitalism. Women are
exploited by capitalism and patriarchy and as a result, they are left with only fewer opportunities.
These factor lead to deviancy. Social feminist argue that class inequality in capitalist society is
primary the oppression, with all other oppression growing largely out of unequal economic
conditions and class struggles.
4. Marxist Feminist Criminology – argues that the economic formation of a society is the primary
determinant of other social relations, such as gender relations. The gender division of labor is
viewed as the product of the class division of labor. Because women are seen as being primarily
dominated by capitalist society and secondarily by men, the main strategy for change is the
transformation from capitalist society to a democratic socialist society. To combat victimization
of women (rape, incest, battery, sexual harassment, etc.) an alternative system should undertake a
massive commitment to the female victim, enact legal reforms, and reinterpret the nuclear family.
A reformed society must offer equal access to jobs of all types, and at all levels within the criminal
justice system, particularly for working class women.
Feminism:
The feminist school of criminology is a school of criminology developed in the late 1960s
and into the 1970s as a reaction to the general disregard and discrimination of women in the
traditional study of crime. Feminist criminology notes that the field of criminology has historically
been dominated by men, leading to the development of criminological theories that focus on the
male experience. This patriarchal domination is not unique to criminological theory, as it is also
reflected in the criminal justice system which is cited as a gender institution itself.
Nicole Rafter Hahn (1939-2006) – argued that a woman was usually deemed “bad” if she has one
of the following characteristics:
1. She was indecisive and lacked “moral fortitude.”
2. She was promiscuous
3. She was irresponsible
Theories of female criminality:
1. Masculinization theory – masculinization is a term applied to the critique of traditional
academic discussions of the female offender and of popular depictions of female criminality.
Masculinization refers to the attribution of male characteristics to women in an attempt to
understand their attitude rather than locating women’s character in female experience or
structural location. Alfred Adler (1870-1937), argued that the women’s movement would lead
to an increase in female crime because liberation would make women more like men.
Masculinization is also the abnormal development of male sexual characteristics in a female
resulting from hormone therapies or adrenal malfunction.
2. Opportunity theory – suggests that offenders make rational choice; thus, they choose targets
that offer a high reward with little effort and risk. The occurrence of a crime depends on two
things; the presence of at least one motivated offender who is ready or willing to engage in a
crime, and the conditions of the environment in which that offender is situated, and which
provide opportunities for crime. All crimes require opportunity but not every opportunity is
followed by crime and criminal offenders.
Theories of female criminality:
3. Marginalization theory – marginalization comprises those processes by which individuals and
groups are ignored or relegated to the side-lines of political debate, social negotiation, and
economic bargaining; and that is being kept in the same situation. Homelessness, age, language,
employment status, skills, race, and religion are some criteria historically used to marginalize.
4. Chivalry or Paternalism theory – the paternalism argument posits that prosecutors, judges, and
other pillar of the criminal justice system try to protect women as the “weaker sex” from the
stigmata of a criminal record or the harshness of jail. According to this view, judges, and,
presumably, prosecutors and other pillars of the criminal justice system, treat women more
leniently than men because they do not want to subject the supposedly physically weaker sex to
the harsh conditions of prison. Because they see women as less violent; thus, less threat to the
society than men; or because they assume that many women are the sole caretakers of young
children, and that incarcerating them may leave children homeless or place a burden on the state
for their care.
Chivalry – is a type of protective attitude assumed by males toward females.
CONTEMPORARY THEORIES
OF CRIME
ANOMIE THEORY:
Anomie (Emile Durkheim, 1858-1917) – means the breakdown of social
order as a result of the loss of standards and values.
If the society is stable, its parts operating smoothly, the social
arrangements are functional. Such society is marked by cohesion, cooperation,
and consensus. But if the component parts are arranged in such a way as to
threaten the social order, the arrangements are said to be dysfunctional.
Emile Durkheim believed that the causes of crime are present in the very
nature of the society, crime is related to loss of social stability. Durkheim used the
term anomie to describe the feelings of alienation and confusion associated with
the breakdown of social bonds.
STRAIN THEORY:
Strain Theory (Robert Merton) - Strain theorists see delinquency as a
result of a lack of opportunity, in particular of economic opportunity. Those who
do not have equal opportunity are “strained” and consequently more likely to be
delinquent. Strained individuals are more prevalent when there is poverty.
This theory holds that crime is a function of the conflict between the goals
people have and the means they can use to legally obtain them. Although social
and economic goals are common to people in all economic strata, strain theories
argue that the ability to obtain these goals is class-dependent. People desire
wealth, material possessions, power, prestige, and other life comforts. Members
of the lower class are unable to achieve these symbols of success through
conventional means. Consequently, they feel anger, frustration and resentment,
which is referred to as strain. Lower-class citizens can either accept their
condition, or they can choose an alternative means of achieving success such as
theft, violence, or drug trafficking.
STRAIN THEORY:
Merton’s Strain Theory – according to Robert Merton, the cultural goal of U.S.
citizens is material wealth and that this goal is made widespread through the
media, cultural messages, as well as through other mechanisms.
In our society, institutionalized means of reaching the primary goal are:
education, occupation, and deferral of gratification.
However, not everyone has equal access to the institutionalized means to
obtain financial success. Poorer members of society have less access to education
and good jobs than do members of the middle and upper classes. Strain theory is
sometimes referred to as “blocked opportunity” theory. People are blocked in
their ability to access education and good jobs because they experience a
discrepancy between the desire to obtain economic success and the ability to do
so.
CULTURAL DEVIANCE THEORY:
Cultural Deviance Theory attribute crime to a set of values peculiar to the
lower class.
Cultural Deviance Theory – this theory combines elements of both strain
and social disorganization. According to this view, because of strain and social
isolation, a unique lower-class culture develops in disorganized neighborhoods.
These independent subcultures maintain a unique set of values and beliefs that
are in conflict with conventional social norms.
Middle –class culture stresses hard work, delayed gratification, formal
education, and being cautious.
The Lower-class subculture stresses excitement, toughness, risk-taking,
fearlessness, immediate gratification, and “street smarts.”
The lower-class subculture is an attractive alternative because the urban
poor find that it is impossible to meet the behavioral demands of middle-class
society.
THREE MAJOR CULTURAL DEVIANCES :
1. Social Disorganization Theory – is based on the work of Henry Mckay and
Clifford Shaw of the Chicago School. It links crime rates to neighborhood
ecological characteristics. A disorganized area is one in which institutions of social
control, such as the family, commercial establishments and schools, have broken
down and can no longer carry out their expected functions.
Indicators of social disorganization include high unemployment, school
dropout rates, deteriorated housing, low income levels, and large numbers of
single-parent households. Residents in these areas experience conflict and
despair, and as a result, anti social behavior flourishes.
This theory was developed by Shaw and McKay. It was one of the first
attempts to focus on the social conditions that lead to delinquency. They explain
why juvenile crime rates were so high in areas of a city characterized by urban
decay. They argued that the ecological condition of the city influenced
delinquency.
THREE MAJOR CULTURAL DEVIANCES :
2. Differential Association theory – this theory was proposed and developed by
Edwin Sutherland in the late 1930s and early 1940s. The theory states that crime
is learned through social interaction. People come into constant contact with
definitions favorable to violations of law and definitions unfavorable to violations
of law. This theory maintains that people learn to commit crime as a result of
contact with anti-social values, negative attitudes, and criminal behavior.
3. Culture Conflict theory – focuses on the source of the criminal norms and
attitudes. According to Thorsten Sellin (1896-1994), conduct and norms, are
norms that regulate the daily lives, and are rules that reflect the attitudes of the
groups to which each them belongs. Their purpose is to define what is considered
appropriate or normal behavior and what are inappropriate or abnormal
behaviors. The main difference between a criminal and non-criminal is that each
is responding to different sets of conduct norms.
SUB-CULTURAL THEORY:
Delinquent subculture is a subculture whose values are in opposition to
those of the dominant culture or those emerged to the slum areas in larger cities.
• Subculture – is a set of values, norms, and beliefs that differs from those within
the dominant culture.
According to subculture theory, delinquent youth hold values, norms, and
beliefs in opposition to those held in the dominant culture. Therefore, youths who
behave in a manner that is consistent with the values, norms, and beliefs of their
subculture will often be in conflict with the law.
The goal of lower-class youths is middle-class membership. However,
lower-class youth face developmental handicaps that place them at a
disadvantage in obtaining their goal of middle-class membership. These
developmental handicaps include the lack of educational preparation and
inability to delay gratification. Because lower-class members have norms and
values that differ from those of the middle class, lower-class families cannot teach
their children the proper socialization techniques necessary for middle-class
membership.
SUB-CULTURAL THEORY:
• How do young people of the lower class achieve middle-class membership?
The primary means of becoming a member of the middle-class is
EDUCATION. The standards and values used in school to evaluate youths, which
Cohen calls “middle-class measuring rods,” include ambition, responsibility,
deferred gratification, courtesy, ability to control aggression, constructive use of
time, and respect for property. Essentially, lower-class youths are being
evaluated by measures grounded in middle-class values and norms to which
they are not accustomed. These middle-class measuring rods make it difficult for
lower-class children to succeed in school.
Status Frustration – occurs due to a person’s inability to obtain the goal of
middle-class status.
DIFFERENTIAL OPPORTUNITY THEORY:
Richard Cloward and Lloyd Ohlin focused on serious delinquency committed by
urban, male gang members. They asserted that two goals pursued by lower-class youth
were a) economic success and/or b) middle-class membership. Cloward and Ohlin
believed that illegal opportunities, like conventional opportunities, are stratified
unequally. This means that there is an illegitimate opportunity structure just as there is a
legitimate opportunity structure for success.
• Legitimate opportunity structure involves education, hard work, and a good
occupation, and not everyone has access to this opportunity structure to obtain
economic success.
• The illegitimate opportunity structure includes criminal enterprises in
neighborhoods where there are criminal mentors to assist youths in becoming
successful criminals. Because having a mentor and other types of opportunities do not
exist in every neighborhood, not everyone has access to the means to be a criminal.
"Achieving success by new means is more than a matter of choosing to commit
crime.”
SOCIAL STRUCTURE THEORY:
Considering the deprivation suffered by the lower class, it is not surprising
that a disadvantage economic class position has been viewed by many
criminologists as a primary cause of crime. This view is referred to here as social
structure theory.
SOCIAL STRUCTURE THEORIES – examine only why lower-class youths are
more likely to commit crime than middle- and upper-class youths. Middle and
upper class youths do commit crime, but their crimes are usually less serious than
those committed by lower-class youths. Basically, social structure theories focus
on two major factors that influence delinquency:
1. socioeconomics condition
2. cultural values
Social structure theory suggests that forces operating in the lower-class
areas of the environment push many of their residents into criminal behavior
patterns. They consider the existence of unsupervised teenage gangs, high crime
rates, and social disorder in slum areas as major social problems.
SOCIAL PROCESS THEORY:
The elements of socialization are the chief determinants of criminal
behavior. People living in even the most deteriorated urban areas can successfully
survive inducements to crime, if they have good self-image, strong self-control,
and the support of their parents, peers, teachers, neighbors, and other important
institutions.
Social Process theory focus on the relationship between socialization and
delinquency. In particular, social process theories analyze the relationship to
delinquency of certain factors such as peer group relationships, family
relationships, and failure in school. Individuals who associate with delinquent
peers are themselves at significant risk of committing acts of delinquency.
Individuals who have been raised in a dysfunctional family or without proper
nurturing are at greater risk of delinquency. Individuals who drop out of school
are also at risk of for delinquency.
SOCIAL LEARNING THEORY:
Social learning theory find that crime is a product of learning the norms, values,
and behaviors associated with criminal activity. Social learning can involve the actual
techniques of crime as well as the psychological aspects of criminality, and how to deal
with the guilt or shame associated with illegal activities.
According to learning theory, juveniles commit delinquent acts because they
learn the attitudes, skills, and rationalization necessary to commit these acts. This
learning may take place in interaction with parents and peers.
Four (4) factors for a person to learn through observations and then imitate a
behavior:
1. Attention – pay attention the crucial details of the model’s behavior.
2. Retention – learner must be able to retain all of the information in memory until it is
time to use.
3. Reproduction – the learner must have the physical skills and coordination needed for
reproduction of the behavior.
4. Motivation – learner must have the motivation to imitate the model.
SOCIAL CONTROL THEORY:
Focuses on techniques and strategies that regulate human behavior and lead
conformity, or obedience to society’s rules, and the influence of family and school,
religious beliefs, moral values, friends, and even beliefs about governments.
Social Control Theory seeks to answer the question, “Why don’t juveniles commit
delinquent acts?” Social control theory assumes that people will violate the law. So why
don’t they? The answer to this question, according to social theorists, lies in the strength
of an individual’s ties to the foundations of society (family, friends, and school). Those
who have close ties with their families and non-delinquent friends as well as those who
possess high self-esteem are unlikely to commit delinquent acts. These individuals are
bonded to the larger society. Individuals who are not bonded to the larger social order
are free from constraints to violate the law.
Edward Ross (1866-1951) – according to Ross, belief systems rather that specific
laws guide what people do and universally serve to control behavior, no matter what
form the beliefs take.
Donald Black (1941-2019) – sociologist of law, noted that “social control is found
whenever people hold each other to standards, explicitly or implicitly, consciously or not
on the street, in prison, at home, at a party.”
CONTAINMENT THEORY:
Containment theory (Walter Reckless, 1899-1988) – assumes that for
every individual there exists a containing external structure and a protective
internal structure, both of which provide defense, protection, or insulation against
delinquency.
Walter Reckless believed that both internal and external forces operate
when juveniles make decisions to avoid or commit delinquent acts. Some internal
forces inhibit people from committing delinquent acts while others encourage
delinquent behavior. The same is true for external forces; some inhibit while
others encourage delinquent acts.
CONTAINMENT THEORY:
Four motivating and restraining forces for delinquency (Reckless):
• Inner pressures and pulls – lead juveniles toward committing delinquent acts. Inner
forces include an individual’s desires, needs, and wants such as money. These also
include feelings of restlessness, hostility, and the need for immediate gratification.
• Inner containments – inhibit delinquent behavior. Inner continments are internal
personal controls that lead someone to not commit delinquent acts. These include self-
esteem, strong sense of responsibility, internalized moral codes, tolerance of
frustration, and positive goal orientations. Some argue that inner containments are the
most powerful inhibitors to delinquency. If individuals are internally restrained from
committing delinquent acts because of their belief systems, they are highly unlikely to
commit delinquent acts.
• Outer pressures and pulls – lead to delinquent behavior. External pressures in the
environment that may lead to delinquency include the influence of one’s peer group,
unemployment, and living conditions. Associating with delinquent peers, not having a
job, and living in substandard conditions are external pressures on juveniles to commit
delinquent acts. External forces also include the rewards for committing delinquent acts
such as status and financial gain.
• Outer containments – inhibit delinquent behavior. These include forces that provide
discipline and supervision including parents, police, schools, and the juvenile justice
system.
INTEGRATED THEORY:
Delbert Elliot (1933—2019) and his colleagues proposed a theory that
integrates social control and strain theories. They suggest that limited or blocked
opportunities and a subsequent failure to achieve cultural goals would weaken or
even destroy a bonds in childhood, a series of bad experiences in school, in the
community, and at home, along with blocked access to opportunity, would be
likely to lead to a weakening of those social bonds. As strain weaken social bonds,
the chance of delinquency increases.
Another integrated theory combines control with learning theory. Terence
Thornberry (1945-2019) argues that the potential for delinquency begins with the
weakening of person’s bonds to the conventional world, such as parents, school,
and accepted values. But if the potential is to become a reality, one needs a social
setting in which to learn delinquent values. It is quite clear that social position is
also important. The poorest youngsters are typically the least bonded and the
most exposed to influence that can teach them criminal behavior.
RATIONAL-CHOICE THEORY:
The rational-choice theory, developed by Derek Cornish (1939-2019) and
Ronald Clarke (1941-2019), takes into account the entire criminal event, which
includes the criminal motivation, and the situation.
Rational – refers to the fact on how the criminals process information, and
how they evaluate alternatives.
Choice – suggests how the criminals make their decisions.
According to Cornish and Clarke, an individual commits a crime after he or
she had made a rational decision to do so, that is, has weighed the risks and
benefits of the act and selected a particular offense according to various criteria.
RATIONAL-CHOICE THEORY:
CHOICE THEORY – supports the idea that since the offender has made a
rational choice to commit the offense, the focus should be on the offense and not
on the offender. Choice theorists believe that the way to control delinquency is to
have offenders fear the punishment. Because people are hedonistic and seek
pleasure and the avoidance of pain, the role of punishment is to make the risks of
committing delinquent acts greater than any pleasure they experience in
committing the delinquent acts. Those who support the use of punishment to
control delinquency assume that juveniles are making a choice to commit criminal
acts and can be deterred if the risks outweigh the benefit.
ROUTINE-ACTIVITY THEORY:
ROUTINE ACTIVITY THEORY – is based on rational choice. Developed by
Lawrence Cohen and Marcus Felson, the theory contends that the motivation to
commit crime and the supply of offenders are constant. It is focused on the crime
target or anything an offender wants to take control. Before crime will occur,
however, three (3) elements must come together:
• Motivated offender (ex. a drug-abusing juvenile who needs money for drugs)
• Suitable target (ex. a home with easily transportable and valuable property)
• The absence of a capable guardian (ex. homeowners and neighbors are not
home)
ALTERNATIVE THEORIES OF
CRIME
LABELING THEORY:
Labeling theory – emphasizes explanations of why certain laws are passed
and enforced and why police and juvenile court personnel process some offenders
but not others. Labeling theorists argued that the law represents the values and
interests of individuals and organizations that are able to organize resources to
influence legislation. Not everyone who commits a delinquent act is processed
through the juvenile justice system and labeled a “delinquent.” Labeling theory
looks at the unanticipated and negative consequences of law and law
enforcement especially the label that is attached to certain offenders. It is not
concerned with what causes the initial delinquent act --- lack of opportunity, low
self-control, or biological abnormality --- but is concerned with what leads to
continued delinquency.
LABELING THEORY:
Frank Tannenbaum Labeling theory – Tannenbaum rejected the dualistic
fallacy- the idea that delinquents and non-delinquents are two fundamentally
different types of people. Tannenbaum sees delinquents as well-adjusted people.
Delinquent behavior is behavior so labeled by adults in a community. Adults, who
have more power than children, are able to have children labeled “delinquent”.
Once children are labeled delinquent, they become delinquent.
Lemert’s Labeling Theory – Edwin M. Lemert proposed that the reaction
to delinquency is what causes it in the future. Most juveniles commit acts of
delinquency and are never brought into juvenile justice system for processing. Not
all youths labeled “delinquent” accept these roles; how receptive they are to such
labels depends on their social class.
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CRIMINOLOGY.pptx

  • 1. CRIMINOLOGY AN INTRODUCTION AND OVERVIEW Jojo P. Bautista, MS Crim.
  • 2. WHAT IS CRIMINOLOGY? Etymological Definition CRIMINOLOGY - (from Latin crîmen, “accusation”, and Greek – logia, “study”) – is the scientific study of crime, criminals, and criminal behavior. The term was coined in 1885 by Italian law professor RAFFAELE GAROFALO as criminologia.
  • 3. WHAT IS CRIMINOLOGY? Criminology (broadest sense) – is the body of knowledge regarding crimes, criminals, and the effort of society to prevent and repress them. Criminology (narrower sense) – is the scientific study of crimes and criminal behavior.
  • 4. WHAT IS CRIMINOLOGY? Criminologists scientifically study the following: 1. The nature and extent of crime. 2. Patterns of criminality. 3. Explanations and causes of crime and criminal behavior. 4. Control of crime and criminal behavior.
  • 5. WHAT IS CRIMINOLOGY? Classic Definition According to Edwin Sutherland and Donald Cressey: Criminology is a body of knowledge regarding crime as a social phenomenon. It includes within its scope the processes of making laws, of breaking of laws, and of reaction toward the breaking of laws.
  • 6. Making of laws Law is passed because of the consensus of the will of the public. In the Philippines, we have bicameral system of legislation. It is called bicameral because it is composed of two houses; the Senate and the House of Representatives. We have three major divisions or branches in the government; the executive, vested on the office of the president, the legislative, cited and explained above; and the judiciary, vested on the Supreme Court. We are being represented by the legislative branch in making laws.
  • 7. Early laws worldwide setting: 1. Code of Hammurabi – Babylon (1700 B.C) 2. Mosaic Code – Israelites (1200 B.C) 3. Draconian Code – Greece (17th century) 4. Hindu Code of Manu – India 5. Koran – Islamic Society 6. Law of Twelve Tables – Romans (451-450 B.C) 7. Law of Moses (1500B.C-1900 B.C)
  • 8. Early laws in the Philippines: 1. Maragtas Code (1215) – - the oldest law of Panay Island 2. Kalantiaw Code (1433) – - 2nd code of criminal justice
  • 9. Breaking of laws All violations of laws are violations of the will of the majority in the society. Violation of the provisions of the criminal laws created by the public thru representation is called CRIME. CRIME – is an act or omission in violation of criminal law. Act is outward movement tending to produce effect.
  • 10. Reaction of the society towards the breaking of laws: Society either reacts positively or negatively when someone commits crime. However, seldom has the society reacted positively; it reacts negatively by imposing punishments on the law-breaker. Phenomenon – observable; something which can be observed; any fact, circumstances., or experiences which can be explained scientifically.
  • 11. Objectives of criminology: The development of a body of general and verified principles and of other types of knowledge regarding this process of law, crime, and its control and prevention, and the treatment of youthful offenders.
  • 12. THREE (3) Principal divisions of criminology: 1. Criminal etiology –it is an attempt at scientific analysis of the causes of the crime. 2. Sociology of law – which is an attempt at scientific analysis of the conditions which penal/criminal laws has developed as a process of formal and social control. 3. Penology – which is concerned with the control and prevention of crime and the treatment of offenders.
  • 13. PURPOSE OF CRIMINOLOGY: The purpose of criminology is to offer well-researched and objective answers to four basic questions: 1. Why do crime rates vary? 2. Why do individuals differ as to criminality? 3. Why is there variation in reactions to crime? 4. What are the possible means of controlling criminality?
  • 14. Goals of studying criminology: 1. To describe criminal behavior 2. To understand criminal behavior 3. To predict criminal behavior 4. To control criminal behavior
  • 15. Various studies and sciences related to criminology: 1. Law 2. Sociology 3. Psychology 4. Medicine 5. Chemistry 6. Public Administration 7. Education 8. Theology 9. Economics
  • 16. Agencies and sectors associated to criminology: 1. Legislative bodies and lawmakers 2. Law enforcement agencies 3. Courts and prosecution 4. Correctional institutions 5. Educational institutions/schools 6. Public charitable and social agencies 7. Public welfare agencies 8. Non-government organizations
  • 17. Agencies and sectors associated to criminology: 9. Family and the Home 10.The church 11. private charitable and welfare institutions 12. Civic clubs and organizations 13. Print media, radio and television
  • 18. Nature of criminology: Criminology continues to bring together in a very amorphous manner people who do the following kinds of work: 1. Academicians (often sociologists) who teach students a subject called criminology, including those criminologists who also do research and write on the subject; 2. Teachers who train other people for professional roles in crime control and criminal work. 3. Those who are involved in policy research within the criminal justice system; and
  • 19. Nature of criminology: 4. Those who apply criminology that is all the people who are employed in criminal justice agencies, ranging from policemen to lawyers to prison wardens to correctional workers. Even this list of broad groupings does not exhaust the possibilities as criminology and criminal justice increasingly play prominent roles in the further development of society.
  • 20. Is criminology a science? There is at present a continuing argument whether criminology is a science or not. Edwin H. Sutherland and Donald Cressy both American Criminologist argued that criminology is not a science but it has hopes of becoming a science. However, George L. Wilker said that criminology cannot possibly become a science due to lack of universal proposition of crime and scientific studies of criminal behavior is impossible. Generally, criminology cannot be considered a science because it has not yet acquired universal validity and acceptance. It is not stable, and it varies from one time and place to another.
  • 21. So how criminology become a science? Criminology is a science in itself when applied to law enforcement and prevention of crimes under the following: 1. It is an applied science – in the study of the causes of crimes, anthropology, zoology, psychology, sociology and other natural sciences may be applied. Natural science is concerned with the physical nature or environment. While in crime detection, chemistry, medicine, physics, mathematics, ballistics, photography, legal medicine, question documents examination may be utilized. This is called Instrumentation (applied Sciences). Applied science focuses on the practical application of the principles discovered in basic science.
  • 22. So how criminology become a science? 2. It is a social science – in as much as crime is a social creation and that it exists in a society being a social phenomenon, its study must be considered a part of social science. This means the study of criminology includes not only the study of crimes and criminal behavior but also the reaction of society towards crime and criminal behavior. Social science – refers to the intellectual and academic disciplines designed to understand the social world objectively. - It is the study of the various aspects of human society.
  • 23. So how criminology become a science? 3. It is dynamic – criminology changes as social conditions changes. It is concomitant with the advancement of other sciences that have been applied to it. This further means that criminology is relative. The study of crime varies from place to place, generation to generation, and from culture to culture. Also, those acts defined as criminal today may no longer be considered as criminal acts in the coming years. The study of crime changes when criminal laws, values, beliefs, social structure, and other social factors change. Remember that crime is a legal term. A behavior can be labeled as crime only when it is defined by law as such. Thus, the study of crime changes when its definition changes.
  • 24. So how criminology become a science? 4. It is interdisciplinary – many disciplines are involved in the study of crimes and criminal behavior. Among them are sociology, psychology, psychiatry, economics, political science, and so on. 5. It is nationalistic – the study of crimes must be in relation with existing criminal law within a territory or country. Finally, the question as to whether an act is a crime is dependent on the criminal law of a country.
  • 25. The scope of criminology 1. Study of the causes of crimes and development of criminals. 2. Study of the origin and development of criminal laws. 3. Study of the different factors that enhances as : a. Criminal psychology – study of human mind and behavior in relation to criminality. b. Criminal psychiatry – study of mental and behavioural disorders in relation to criminality. c. Criminal epidemiology – the study of criminality in relation to spatial distribution on a community.
  • 26. The scope of criminology d. Criminal demography – study of the relationship between criminology and population. e. Criminal ecology – study of the relationship between environment and criminality. f. Criminal physical anthropology – study of criminality in relation to physical constitution of men. g. Victimology – study of the role of the victim in the commission of crime.
  • 27. The scope of criminology 4. Study of the various process and measures adopted by society violation of criminal laws : a. The detection and investigation of crimes. b. The arrest and apprehension of criminals. c. The prosecution and conviction of the criminal in a judicial proceeding. d. The imprisonment, correction, and rehabilitation of the criminal convicted of a crime. e. The enforcement of laws, decrees and regulations. f. The administration of the police and other law enforcement agencies. g. Maintenance of recreational facilities and other auxiliary prevent the development of crimes and criminal behavior.
  • 28. Major areas of study in criminology 1. Criminal Sociology – includes the fundamentals of criminology, juvenile delinquency, human behavior and crisis management, ethics and community relations, and criminal justice system. 2. Criminal Law and Jurisprudence – covers the study of the Revised Penal Code and its amendments, and other laws that are penal in nature, criminal procedure, and the law on evidence. 3. Law Enforcement Administration – embraces police organization, operational planning, patrol, industrial security management, intelligence and secret service, police records, and personnel management.
  • 29. Major areas of study in criminology 4. Crime Detection, Investigation and Prevention – consist of Criminal, special and arson investigation, vice control, traffic management and accident invstigation, and police report writing. 5. Criminalistics – covers the following areas: a. Dactyloscopy – the science of fingerprinting. b. Police photography – study of the black and white and colored photograph (both film-based photography and digital photography) c. Polygraphy – the science of lie detection examination. d. Ballistics – study of firearms and bullets. e. Question document examination – study of disputed documents.
  • 30. Major areas of study in criminology f. Forensic medicine – application of medical science to elucidate legal problems. g. Forensic Chemistry – application of chemical principles in the solution of problems that arise in connection with the administration of justice. 6. Corrections – deals with the institution and non-institution correctional system of approach.
  • 31. The criminologist Criminologists are interested as how criminal laws are created, who has the power to create them, what are the purpose of such laws, how they are enforced and violated. The criminologists study the kinds of sanctions or incentives that can best protect the environment. The criminologists study the relationship between ideology and power in the making, enforcing, and breaking of laws.
  • 32. Criminologist, defined A criminologist is a person who studies the causes of crimes, its treatment and using scientific methods. Criminologists use scientific principles • Gather data • Create theories • Employ establish method of social science inquiry • Experimental designs • Sophisticated data analyses
  • 33. Criminologist, defined Criminologist is a professional who studies crime, criminals, criminal behavior, and efforts to control crime (Reid, 1997). Criminologist is one who is trained in the field of Criminology. Also, he or she is one who studies crime and criminals, and criminal behavior (Schmalleger, 1996).
  • 34. What is then is a licensed criminologist? A licensed criminologist is a degree holder of Criminology or Criminology practitioner who passed the Licensure (Board) examination for Criminologist and is registered with the Professional Regulation Commission (PRC). R.A 6506 – an Act Creating the Board of Criminology in the Philippines and for other purposes.
  • 35. Is a policeman considered a criminologist? Generally speaking, a policeman is a criminology practitioner not a criminologist, because he is focused only in the enforcement of the law, which is only one aspect in the work of a criminologist.
  • 36. What is a criminology practitioner? A criminology practitioner is any person who is a consumer of the knowledge and research of criminologists, applied in the prevention, control and treatment of a crime. Example: any member of any law enforcement agency of the government, crime laboratory technicians, correctional officers, and other workers of the criminal justice system.
  • 37. What is a criminology practitioner? A person is deemed to be engaged in the practice of Criminology if he holds himself out to the public in any of the following capacities: (Section 23, R.A. 6506) a. As a professor, instructor or teacher in Criminology in any University, College or school duly recognized by the government, and teaches any of the following subjects: 1. Law Enforcement Administration 2. Criminalistics 3. Correctional Administration 4. Criminal Sociology and allied subjects 5. Other technical and specialized subjects in the Criminology Curriculum provided by the Department of Education (now Commission on Higher Education)
  • 38. What is a criminology practitioner? b. As a law enforcement administrator, executive, adviser, consultant or agent in any government or private agency. c. As a technician in dactyloscopy, ballistics, questioned documents, police photography, lie detection, forensic chemistry, and other scientific aspects of crime detection. d. As correctional administrator, executive supervisor, worker or officer in any correctional and penal institution. e. As counsellor, expert, adviser, researcher in any government or private agency, on any aspects of criminal research or project involving the causes of crime, juvenile delinquency, treatment of offenders, police operations, law enforcement administration, scientific criminal investigation or public welfare administration.
  • 39. Privileges given to certified criminologists Pursuant to Section 24 of R.A. 6506, all certified criminologists shall be exempt from taking any other entrance or qualifying government or civil service examinations and shall be considered civil service eligible to the following government positions: a. Dactylographer i. security officer b. Ballistician j. criminal investigator c. Questioned document examiner k. police laboratory technician d. Correctional officer e. Law enforcement photographer f. Lie detection examiner g. probation officer h. agents in any law enforcement agency
  • 40. Career opportunities for criminology graduates 1. Law Enforcement Officers/Intelligence Officers/Investigators a. PNP (Maritime, Hi-way Patrol, Aviation, or Airport) as personnel and police officers. b. Philippine Port Authority (PPA), as port police c. Bureau of Customs (Custom Intelligence and Investigation service) d. NBI, as special investigators (SI) e. PDEA, as agents f. Department of Finance (Anti-Money Laundering and Lifestyle Check)
  • 41. Career opportunities for criminology graduates g. NAPOLCOM, as investigators h. BFP, as fire officers and investigators i. Department of Transportation and Communications (DOTC), as coastguards. j. Department of the Interior and Local Government (DILG) k. other government branches with Intelligence and Investigative units. 2. Members and Officers of the Armed Forces of the Philippines (AFP)
  • 42. Career opportunities for criminology graduates a. Philippine Army b. Philippine Navy c. Philippine Marines d. Philippine Airforce 3. Forensic Specialists or Experts a. NBI b. PNP – Crime Lab. c. Higher Education Institutions (HEIs) – State Colleges and Universities (SUCs) and Private Universities and Colleges (PUCs).
  • 43. Career opportunities for criminology graduates 4. Personnel and Officers of Correctional Institutions a. BuCor (DOJ), as prison officers or guards b. BJMP, as jail officers or guards c. Parole and Probation Administration, as Probation officers and Parole officers (DOJ) d. Provincial Jail under the Office of the Governor in every province, as provincial jail officers or guards. 5. Judiciary a. Supreme Court, as Sheriffs
  • 44. Career opportunities for criminology graduates 6. State Colleges and Universities (SUCs) and Private Universities and Colleges (PUCS) and Specialized Training Institutions (STIs) such as the PMA, PNPA, and PPSC as: a. Administrators b. Instructors c. Training Officers d. Laboratory Technicians 7. Maritime Industry a. Sea Marshall Officer in private vessels, both national and international.
  • 45. Pre-employment eligibilities 1. CRIMINOLOGY PRC LICENSE – REPUBLIC ACT NO. 6506 2. HONOR GRADUATE ELIGIBILITY – PRESIDENTIAL DECREE 907 3. CIVIL SERVICE ELIGIBILITY 4. NAPOLCOM ELIGIBILITY 5. AGENCY ELIGIBILITY 6. CERTIFIED SECURITY PROFESSIONAL LICENSE
  • 46. Oldest School introduced criminology in the Philippines: Escuela de Derecho de Manila of 1898 established by Felipe G. Calderon of Tanza founder and Dean, after his death, rename to Manila Law College whose educational principles in Criminology was introduced in the Philippines on 1953 and took effect in 1954 by establishing sister institution, THE PHILIPPINE COLLEGE OF CRIMINOLOGY. Justice Felix Angelo Bautista – PCCR founder (1954)
  • 47.
  • 49. THE DISCIPLINE OF CRIMINOLOGY HAS EVOLVED IN FIVE PHASES: The first two phases were the early origins and the DARK AGES wherein criminological theories have evolved and became more multidisciplinary. This became the forerunner of independent criminology that seeks to understand crime itself rather than study of crime as one aspect of overall, biological, sociological or psychological theories of crime. The third phase begins in the 18th century. This, in turn, allowed for dispassionate, scientific study of why crime occurs. The development of this study is now known as the era of CLASSICAL and NEO-CLASSICAL criminology. The fourth phase began in 19th century (POSITIVIST criminology). During this era, criminology distinguished itself as a subspecialty. The fifth phase begins in the second half on 20th century (independent criminology). In this period, criminology began to assert its independence from traditional disciplines that spawned it. Criminological theories have been expanded upon centuries.
  • 50. CRIMINOLOGY DEFINED: - is the scientific study of crimes, criminals, crime victims, and the theories explaining illegal or deviant behavior, the social reaction to crime, the effectiveness of anti-crime policies and the broader political terrain of social control.
  • 51. EARLY ORIGINS OF CRIMINOLOGY The concept of crime was recognized in the earliest surviving legal codes. Code of Hammurabi (1750-1799 B.C.) Babylon – punishment was based on physical retaliateons or lex talionis or eye for an eye, tooth for a tooth. Mosaic Code (1200 B.C.) Israel – become the foundation of Judeo-Christian moral teachings, and also became the basis for the U.S. legal system. Ex. Prohibition against murder, theft, perjury, and adultery. Code of Twelve Tables (451 B.C.) Rome – the foundation of the Romans Law. It was formulated by a special commission of ten men in response to pressure from the lower classes, the Plebeians.
  • 52. DARK AGES The early formal legal codes were lost during the DARK AGES, which last for hundred of years after the fall of Rome. During the period, superstition and fear of magic and satanic black arts dominated thinking. People who violated social norms of religious practices were believed to be witches or possessed by demons. The prescribed method for dealing with possessed was burning at stake. Punishment included public flogging, branding, beheading, and burning. Peasants who violated the rule of their asters were violently put down. The system during the Dark Ages was harsh, less forgiving, and certainly much less understanding. The system was ridiculous, such as trial by fire, drowning, and combat were all extremely common, especially for those accused of witchery, devil worshipping or sorcery.
  • 53. 18th CENTURY CRIMINOLOGY (Age of Enlightenment) Despite the progress in human culture and knowledge during the Renaissance (1300-1500), as the 18th century begun, Europian life was still extremely harsh for all but the few wealthy members of society. Class and family position at birth determined the entire course of a person’s life. Those who inherited lands and title flaunted their wealth through excessive behavior, such as gorging themselves on food and drink. Alcoholism became a problem. The overpopulated and underfed cities became breeding grounds for crime. The penalty for was hanging. Unfair taxes on those least able to afford burden. The poor often turned to theft for survival. Crime was viewed as a rebellious act against the political structure. In the mid-18th century, a dramatic change was occurring in the social thinking that had dominated Europe. Religious orthodoxy was being challenged by science; rational thought began to be valued over senseless traditions, a movement referred today as the “enlightenment.” Criminologists believed that criminal behavior was the product of the offender’s rational choice, and crime could be prevented through the speedy and certain application of penalties that attached painful and unattractive consequences to such behavior. Criminologist sought to develop theories to explain why crime occurred. They no longer relied on the offender’s rational choice. Instead, they attributed criminal behavior to the motivation to commit crime and the social context that allows people to pursue criminal inclination.
  • 54. 19th CENTURY CRIMINOLOGY The positivist tradition began to develop on the mid-19th century as the scientific method began to take hold in Europe. This movement was inspired by new discoveries in biology, astronomy, and chemistry. If the scientific method could be applied to the study of nature, then why not use it to study human behavior. The positivist criminologists’ tradition has two (2) main elements: 1. The belief that human behavior is a function of external forces that are beyond individual control. Some of these forces are SOCIAL: a) wealth and class b) political c) famine; PERSONAL and PSYCHOLOGICAL: a) individual’s brain structure b) biological make-up c) mental ability. Each of these forces operates to influence human behavior. 2. Embrace of the scientific method to solve problems. Positivism relies on the strict use of empirical methods to test hypotheses. That is, they believe in the factual, first hand observation and measurement of conditions and events. A positivist would agree that an abstract concept such as “intelligence” exist because it can be measured by an IQ test.
  • 55. 20th CENTURY CRIMINOLOGY For most of the 20th century, criminology’s primary orientation has been SOCIOLOGICAL. In view of the globalization of the world brought about by recent technological advances, computerization, and enormous increase in international commerce, both legal and illegal, criminology have become a necessity. Criminologists are called upon to assist governments in devising strategies to deal with a wide variety of international and transnational crime. There are number of requirements for successful criminological research: 1. Studying law 2. Understanding criminal justice system 3. Learning about culture 4. Collecting reliable data 5. Engaging in research 6. Doing cross-cultural empirical research and studies.
  • 56. BIOLOGICAL CRIMINOLOGY Biological explanations of behavior have been out of style for some time. A glance through criminological texts of the past two decades will indicate less and less attention being given to the subject, with major emphasis on sociological theories of criminal behavior. Earlier criminologist believe that personality is determined by the shape of the skull, the relationship between criminal behavior and body type, and the study of facial features and their relationships to crime. in 1700s PHRENOLOGY emerged as a discipline. It was develop by Franz Joseph Gall (1758-1828), who investigated the bumps and other irregularities of the skulls of the inmates of penal institutions and asylums for the insane and compared his findings to the head and head casts of person who were not institutionalized. Phrenology is base on the proposition that the exterior of skull corresponds to the interior of the brain’s conformation. By measuring the shape of skull, we can measure behavior.
  • 58. SCHOOLS OF THOUGHT IN CRIMINOLOGY
  • 59. CLASSICAL CRIMINOLOGY By the middle of the 18th century, social reformers studied, argued and began to look for a more rational approach in imposing punishment. Social reformers sought to eliminate the barbaric system of law, punishment and justice. They stressed that the relationship between crime and punishment should be balanced and fair. Classical school theory - people are rational, intelligent beings who exercise free will or the ability to make choices. People calculate the costs and benefits of their behavior before they act. The classical school of thought focuses on the offense committed rather than on the offender.
  • 60. CLASSICAL CRIMINOLOGY Cesare Beccaria – he pioneered the development of a systematic understanding of why people committed crime. He believed that the behavior of people with regard to their choice of action is based on HEDONISM, the pleasure-pain principle: Human beings choose those actions that give pleasure and avoid those that bring pain. “The punishment should fit the crime.” He believes that people were rational and intelligent human beings who exercise free will. They commit crime because they imagine greater gains coming from crime than conformity. For punishment to be effective, it must be certain, severe and administered swiftly. His work, “ESSAY ON CRIMES AND PUNISHMENT”, is considered to be one of the most influential papers he wrote. • Free will – the ability to make a choice among various alternatives. • Hedonistic – the attempt to maximize pleasure and minimize pain.
  • 61. CLASSICAL CRIMINOLOGY Jeremy Bentham – a contemporary of Beccaria. He devoted his life to developing scientific approach to the making and breaking of laws. He was concerned with achieving “the greatest happiness of the greatest number.” He referred to his philosophy of social control as utilitarianism. He based his ideas about crime on the belief that people sought out pleasure and avoided pain. The punishment must “fit the crime.” Utilitarianism – assumes that all human actions are calculated in accordance with their likehood of bringing happiness (pleasure) or unhappiness (pain). People weigh the probabilities of present and future pleasures against those of present and future pain. The Classical School of Criminology’s concept of human nature as governed by the doctrine of “free will” and rational behavior. Classical School focused on the criminal act (the crime) and not the actor (why it was committed).
  • 62. NEOCLASSICAL CRIMINOLOGY The neoclassical school, which flourished in the 19th century, had the same basis as the classical school – a belief in free will. Most of whom were British. They believed the classical approach was too harsh and unjust. This school of criminology is a modification of classical theory; it believed that certain factors such as insanity will inhibit the exercise of free will. One changes of the neoclassical period was that children under 7 years of age were exempt from the law because they were presumed to be unable to understand what is right or wrong. The exemption would cover juveniles. Mental disease became a reason to exempt a suspect from conviction too. It was seen as a sufficient cause of impaired responsibility, and thus defense by reason of insanity crept into the law.
  • 63. POSITIVIST CRIMINOLOGY The positivist school originated in the 19th century in the context of the “scientific revolution.” The positivists rejected the harsh legalism of the classical school and substituted the concept of “free will” with the doctrine of determinism. They focused on the constitutional approach to crime, advocating that structure or physical characteristics of an individual determine that person’s behavior. Since these characteristics are not uniform, the positivists emphasized a philosophy of individualized, scientific treatment of criminals, based on the findings of the physical and social sciences. Auguste Comte (1798-1857) – consider as the founder of positivist school and sociology. He applied scientific methods in the study of society, from where he adopted the word sociology.
  • 64. POSITIVIST CRIMINOLOGY The positivist school was composed of several Italians. Generally, it is associated with: 1. Cesare Lombroso – who founded the Italian School of thought. 2. Enrico Ferri 3. Rafaelle Garofalo They were called the “unholy three” by the religious leaders during the time of positivism because of their belief in evolution as contrasted to biblical interpretation of the origin of man and woman. Eventually, they have been called the “holy three of criminology” because of their emergence symbolized clearly that the era of faith was over and the scientific age had begun.
  • 65. POSITIVIST CRIMINOLOGY The positivist school presumes that criminal behavior is caused by internal and external factors outside of the individual’s control. The scientific method was introduced and applied to the study of human behavior. Positivism can be broken up into three (3) segments: 1. Biological 2. psychological 3. Social positivism
  • 66. POSITIVIST CRIMINOLOGY Key assumptions of the positivist school of thought: 1. Human behavior is determined and not a matter of free will. 2. Criminals are fundamentally different from non-criminals. 3. Positivists search for such differences by scientific methods. 4. Social scientists (including criminologists) can be objective, or values-neutral, in their work. 5. Crime is frequently caused by multiple factors. 6. Society is based on consensus, and not on social contract.
  • 67. POSITIVIST CRIMINOLOGY Cesare Lombroso (1835-1909) – an Italian criminologist, scientist, university professor, prison doctor, and founder of criminal anthropology. He was one of the largest contributors to biological positivism and founder of the Italian School of Criminology. He is widely known as the father of modern criminology. Lombroso’s work closely followed Charles Darwin’s theory of man’s evolution. Lombroso contended that just as human beings developed from non- human animal form, the criminal was a throwback or mutant to a primitive stage of human evolution. The criminal was a product of biology, and not so much could be done for this “born criminal.” Lombroso’s positivist approach was scientific, anthropological and biological. With his research, the “legalistic concern for crime” advance to a “scientific study of the criminal,” which in turn became the field of criminology. This accounted for his title of being the father of criminology.
  • 68. POSITIVIST CRIMINOLOGY Lombroso’s theory of the “born criminal” states that criminals are a lower form of life, nearer to their apelike ancestors than non-criminals in traits and dispositions. They can be distinguished from non-criminals by various atavistic stigmata, which refers to the physical features of creatures at an earlier stage of development, before they became fully human beings
  • 69. POSITIVIST CRIMINOLOGY Lombroso’s major contributions to positivist criminology: 1. The theory of atavism – Lombroso had the opinion that criminals were developed from primitive or subhuman individuals characterized by some inferior mental and physical characteristics such as receding hairline, forehead wrinkles, bumpy face, broad noses, fleshy lips, sloping shoulders, long arms, and pointy fingers. He called this condition atavism. 2. The application of the experimental or scientific method to the study of criminal – Lombroso spent endless hours measuring criminally insane persons and epileptics’ skulls. 3. The development of a criminal typology.
  • 70. POSITIVIST CRIMINOLOGY 4. The belief in the indeterminate sentence – penalties should be indeterminate so that those other “born criminals” who are incorrigible could be worked with and rehabilitated. 5. The application of statistical techniques to criminology – although crude and with the use of questionable control groups, statistical techniques were used by Lombroso to make criminological predictions.
  • 71. POSITIVIST CRIMINOLOGY Category of Criminals (Lombroso) a. Born criminals – these refer to individuals who are born with a genetic predilection toward criminality. b. Epileptic criminals – these are criminals who commit crime because they are affected by epilepsy. c. Insane criminals – these are those who commit crimes due abnormalities or psychological disorders. These criminals are not criminal from birth; they become criminal as a result of some changes in their brains which interfere with their ability to distinguished between right or wrong. d. Occasional criminals – these are criminals who commit crime due to insignificant reasons that push them to do at a given occasion.
  • 72. POSITIVIST CRIMINOLOGY Various types of occasional criminals (Lombroso) a. Pseudo criminals – these individuals are not real criminals. They have neither any inborn tendency towards crime nor are they under the influence of any bad crime- inducing habit. They do something criminal on account of acute pressure of circumstances that leave them with no choice. An example would be persons who kill in self-defense. b. Criminaloids (sometimes called criminoloid) means “like a criminal” or “having resemblance with the criminal.” – criminaloids are not born criminals but non- criminals who have adopted criminal activity due to pressure of circumstances and less physical stamina or self-control. The nature of their crimes is not very grave. c. Habitual criminals – they have no organic criminal tendency, but in the course of their lives they have developed some foul habits that force them into criminality. Some attributing factors are poor parenting and education, or contact with other criminals. d. Passionate criminals – these are individuals who are easily influenced by great emotions like fit of anger.
  • 73. POSITIVIST CRIMINOLOGY Enrico Ferri (1856-1929) – a student of Lombroso and best-known of Lombroso’s associates. His interest in socialism led him to recognized the importance of social, economic and political factors in the study of criminal behavior. His greatest contribution was his attack on the classical doctrine of free will. He believed that criminals could not be held morally responsible because they did not choose to commit crimes but rather were driven to commit them by conditions in their lives. Raffaele Garofalo (1851-1934) – rejected the doctrine of free will and supported the position that the only way to understand crime was to study it by scientific methods. He found that Lombroso’s theory of atavism have many shortcomings, he traced the roots of criminal behavior, not to physical features, but to their psychological equivalents, which he called “moral anomalies.” (Natural crimes are found in all human societies, regardless of the views of lawmakers, and no civilized society can afford to disregard them). He emphasized that society needed protection and that penal policy should be designed to prevent criminals from inflicting harm.
  • 74. POSITIVIST CRIMINOLOGY Classification of Criminals (Garofalo) 1. Murderers – those who are satisfied from vengeance or revenge. 2. Violent criminals – those who commit very serious crimes. 3. Thieves – those who commit crimes against property. 4. Lascivious criminals – those who commit crimes against chastity.
  • 75. POSITIVIST CRIMINOLOGY Gabriel Tarde (1843-1904) – he rejected the Lombrosian theory of biological abnormality, arguing that criminals were normal people who learned crime just as others learned legitimate trades. He formulated his theory in terms of laws of imitation or principles that governed the process by which people became criminals. According to his thesis, individuals emulate behavior patterns in much the same way that they copy styles of dress. Pattern of emulation: 1. Individuals imitate others in proportion to the intensity and frequency of their contacts. 2. Inferiors imitate superiors, and that is, trends flow from local to national and from upper to lower classes. 3. When two behavior patterns clash, one may take the place of the other. Tarde’s major contribution in the study of the cause of crime was his concept of the criminal as a professional type. He believed that most criminals went through a process of training before finally becoming criminal.
  • 76. POSITIVIST CRIMINOLOGY Emile Durkheim (1858-1917) – who is universally acknowledge as one of the founders of sociology. He pointed out that all societies have not only crime but sanctions. In a strongly cohesive society, punishment of members who deviate is used to reinforce the value system to remind people of what is right and what is wrong, thereby preserving the pool of common belief and the solidarity of the society. Punishment must be harsh to serve these ends. According to Durkheim, crime is an inevitable aspect of society. It could disappear only if all members of society had the same values, and such standardization is neither possible or desirable. He called this concept anomie (Greek, anomos, without norms), a breakdown of social order as a result of a loss of standards and values. In a society plagued by anomie, disintegration and chaos replace social cohesion.
  • 77. Perspectives on School of Thoughts: The classical and the neo-classical school of thought which in the early 1800s proclaims that everyone has free will and will attempt to avoid punishment. However, the positivist school of thought on the other hand presumes criminal behavior can actually be brought about internal and external forces outside an individual’s control.
  • 78. BIOLOGICAL CRIMINOLOGY The study on the relationship between biology and crimes leaves no doubt that biological variables and their interactions are important to the understanding the origins of the criminal behavior.
  • 79. Origins of Biological Criminology: The idea that crime is caused by biological defects or deficiencies in the offender was not new when advanced b Lombroso. The most influential attack on Lombroso’s work was conducted by British Criminologists Charles Buckman Goring (1817-1919), who recorded the facial and other measurements of several thousand criminals and non-criminals. In his book “The English Convict” in 1913, Goring concluded that Lombroso’s findings had no adequate scientific support and that statistical evidence disproved the existence of a biological criminal type. Categories of Biological Criminology: 1. Genetic factors – traits are transmitted from parents to offspring. 2. Neurological abnormalities – focus on abnormalities in brain functioning that reduce inhibitions toward aggression. Another type of dysfunction that may be related to aggression is chemical imbalances in the brain. The gaps between cells in the nervous system are called synapses and the chemicals that enable the flow of electrical impulses across the synapses are called neurotransmitter.
  • 80. Criticisms on Biological Criminology: 1. They suggest that one can genetically inherit a trait or propensity that is socially defined and culturally relative. 2. Any biological difference that is found is likely to explain only a minor proportion of criminal behavior compared with social and cultural factors. 3. The bio-positivism seen to share a conservative consensus world view, an unquestioned acceptance of official definition of criminality, and the social class bias that crime is primarily t be found among “the dangerous class.” 4. Most of these studies reflect a “dualistic fallacy” notion, which assumes the mutual exclusivity of criminals and non-criminals. 5. Most od their analyses are plagued by weak operationalization of key concepts such as “feebleminded”, “inferior,” and crime.
  • 81. Criticisms on Biological Criminology: 1. Not all biological difference is inherited; many may be due to pre-natal environment, injury, and inadequate diet. 2. Modern genetics has simply bypassed many of these simplistic theories. Most modern biologist speaks against notions of the inheritance of acquired characteristics, emphasizing instead selective adaptation and mutation. 3. Many of these studies are based on small and/or inappropriate samples. 4. As a result of the dominance of this approach, criminological theory was very likely led down the wrong path. The popularity of many of these theories related to their conservative and individualistic emphasis and to their compatibility with authoritarian and simplistic solution to the crime problem. Bio-criminology – is the study of the physical aspects of psychological disorders.
  • 82. PSYCHOLOGICAL CRIMINOLOGY Psychologists have considered a variety of possibilities to account for individual differences, such as defective conscience, emotional immaturity, inadequate childhood socialization, and maternal deprivation. They study how aggression is learned, which situations promote violent or delinquent reactions. How crime is related to personality factors and the association between various mental disorders and criminality.
  • 83. Origins of Psychological Criminology: Psychological theories attempts to explain human intellectual and emotional development: Three (3) categories of psychological theories: 1. Moral development theory 2. Social learning theory 3. Personality theory Moral Development Theory – describes a sequence of developmental stages that people pass through when acquiring the capacity to make moral judgements. According to this theory, this development process may or may not be completed, and people who remain unable to recognize right from wrong will be more likely to engage in inappropriate, deviant, or even criminal behavior.
  • 84. Categories of Psychological Criminology: • Moral Development Theory (by Jean Piaget, 1896-1980) – describes a sequence of developmental stages that people pass through when acquiring the capacity to make moral judgements. According to this theory, this development process may or may not be completed, and people who remain unable to recognize right from wrong will be more likely to engage in inappropriate, deviant, or even criminal behavior. four (4) stages of cognitive development (Piaget): 1. From birth to age two (2) – children experience the world only their senses and motor abilities and have a very immediate, experienced-based knowledge of the world. 2. Between two to seven – children learn to think about and understand objects using thoughts that are independent of immediate experience. Children are egocentric, and that is, they believe that others experience the same reality that they do. 3. Seven to adolescence – the child learns to think logically and to organize and classify objects. Beginning in adolescence, the child develops the ability to think logically about the future and understand theoretical concepts.
  • 85. Categories of Psychological Criminology: Lawrence Kohlberg (1927-1987) – a pioneer of moral development theory proposed a multistage theory of moral evolution. 1. Early level of development, children strive to maximize pleasure and avoid punishment. 2. Children consider the needs of others only to the extent that meeting those needs will help the child fulfill his /her own needs. 3. The next period, which is characterized by conformity to social rules, the child demonstrates respect for and duty to authority. 4. The child also seeks disapproval from the authority. 5. As the child matures, his /her moral judgment is motivated by respect for legally determined rules and an understanding that these rules exist to benefit all. 6. Universal principles are internalized such as liberty and justice.
  • 86. Categories of Psychological Criminology: • Social Learning Theory - proposes that people internalize moral codes more through the process of socialization or learning the behavior through interaction with others, rather than through a stage by stage development process. Social learning theories believe that crime is a product of learning the norms, values and behaviors associated with criminal activity. Social learning theory maintains that young person learns how to behave based on how elders or primarily parent figures, respond to the person’s violations of and compliance with rules.
  • 87. Categories of Psychological Criminology: • Personality Theory – attempts to explain how people acquire predispositions toward certin behavior. These predispositions are sometimes discussed in terms of personality traits, such as impulsiveness and stubbornness, or personality types, such as introvert and extrovert. Personality – defined as the reasonably stable patterns of behavior, including thoughts and emotions that distinguish one person from another. Intelligence - refers to the general mental capability to reason, solve problems, think abstractly, learn and understand new material, and profit from past experience. Henry Maudsley (1835-1918) - an English psychologist also believes that criminals are morally insane. He argued that criminals as a group are defective on physical and mental organization and thus lack any sense of morality. Moral Insanity – is an inherent quality, and crime is a way in which the deviant can express pathological urges.
  • 88. Categories of Psychological Criminology: Sigmund Freud (1856-1939) – the founder of psychoanalysis, suggested that criminality may result from an overactive conscience that results to excessive guilt feelings. Psychoanalytic theory - this theory blames criminal or delinquent behavior to a conscience that is either so overbearing that is arouses feelings of guilt, or so weak that it cannot control the individual’s impulses and leads to a need for immediate gratification.
  • 89. Categories of Psychological Criminology: Three parts of personality (Sigmund Freud): 1. Id – it present at birth. It is the impulsive part of the personality and unconscious. It represents the unconscious biological drives for sex, food and other life-sustaining necessities. The id impulses require instant gratification without concern for the rights of others. It also is antisocial and knows no boundaries, or limitations. It operates according to “pleasure principle.” 2. Ego – this is the objective, rational part of personality, the reality component. It grows from id and represents the problem-solving dimension of the personality. The ego compensate for the demands of the id by helping the individual guide his actions to remain within the boundaries of righteousness and fairness. It operates according to “reality principle.” 3. Superego – is the “conscience” of a person. It is the moral aspect of personality. It allows a person to feel pride, shame, and guilt. It develops from ego and is the moral code, norms, and values the child has acquired. Freud believed that some people are criminal due to an overdeveloped superego which leads to guilt, anxiety and a desire for punishment.
  • 90. Concepts of Psychological Criminology; Three (3) main psychological perspective: 1. Psychodynamic view – links aggressive behavior to personality conflicts developed in childhood. 2. Cognitive theory – is concerned with human developments and how people perceive the world. 3. Social Learning theory – sees criminality as learned behavior.
  • 91. SOCIOLOGICAL CRIMINOLOGY Sociological theories of crimes assume that the offender’s personality and action are molded by contact with the social environment and such factor age, gender, social class, and ethnic origins. People do not live as isolated individuals but as members of social groups, and it is these social influence that shape behavior. Sociological explanations of criminality emphasize that offenders are molded by societal forces. Among the several theories that have arisen from this foundation, three deserves special mention. A) social structure theory B) social process theory C) social conflict theory
  • 92. Origins of Sociological Criminology: The most common criminological theories attribute criminal motivation to environmental or social factors than biological or psychological traits. These theories may focus on social influences on crime or on economic factors: 1. Social cause – one of the first theories describing the influence of social factors on crime came from French Sociologist Gabriel Tarde. Gabriel Tarde - His basic theory on the causes of crime was founded on laws of imitation. He believed that the persons predisposed to crime are attracted to criminal activity by the example of other criminals. He felt that the particular crimes committed and the methods committing those crimes are products of imitation. Tarde was also one of the first to study the professional criminal. He noted that certain offenders pursue careers of crime. Emile Durkheim – he believed that the causes of crime are present in the very nature of the society, crime is related to loss of social stability. Durkheim used the term anomie to describe the feelings of alienation and confusion associated with the breakdown of social bonds.
  • 93. Origins of Sociological Criminology: a.) Social-Structure theories emphasizes the effects of an individual’s position in society and the constraints that the person’s status puts on his or her perceptions and behavior. All members of society subscribe to the same moral code but some people, because of their position in society are more able than others to follow code. Social-structural theories assert that crime is an adaptation to the limitations that social position places on individual behavior. Socio-structural theorists focus their attention on socio-economic status or social class and the strain that lower class status brings. The principal goal of these theories is to explain why poorer people engage in crime more frequently than wealthy individuals.
  • 94. Origins of Sociological Criminology: Cloward and Ohlin’s Differential Opportunity Theory • Richard Cloward and Lloyd Ohlin focused on serious delinquency committed by urban, male gang members. They asserted that two goals pursued by lower-class youth were a.) economic success and/or b.)middle-class membership. Cloward and Ohlin believed that illegal opportunities, like conventional opportunities, are stratified unequally. This means that there is an illegitimate opportunity structure just as there is a legitimate opportunity structure for success. • Legitimate opportunity structure involves education, hard work, and a good occupation, and not everyone has access to this opportunity structure to obtain economic success. • The illegitimate opportunity structure includes criminal enterprises in neighborhoods where there are criminal mentors to assist youths in becoming successful criminals.
  • 95. Origins of Sociological Criminology: Differential Association Theory – developed by Edwin Sutherland, it assumes that persons who become criminal do so because of contacts’ with criminal patterns and isolation from non-criminal patterns. Principles of Differential Association: • Criminal behavior is learned • Learning is a by-product of interaction • Learning occurs within intimate groups. • Criminal techniques are learned. • Perceptions of legal code influence motives and drives.
  • 96. Origins of Sociological Criminology: ECOLOGICAL THEORY – focuses on the criminal’s relationship to the social environment. It seeks to explain delinquency based on where it occurs. The environment of an area has an impact on delinquency. The most prominent ecological theory is Clifford R. Shaw and Henry D. McKay’s social disorganization theory. In 1940s, Henry McKay and Clifford Shaw focused on Juvenile delinquents, finding that they were concentrated in the zone of transition. Chicago school sociologists adopted a social ecology approach to studying cities, and postulated that urban neighborhoods with high levels of poverty often experience breakdown in the social structure and institutions such as family and schools. This results in social disorganization, which the ability of these institutions to control behavior and creates an environment ripe for deviant behavior.
  • 97. Origins of Sociological Criminology: Social Disorganization Theory – is based on the work of Henry Mckay and Clifford Shaw of the Chicago School. It links crime rates to neighborhood ecological characteristics. A disorganized area is one in which institutions of social control, such as the family, commercial establishments and schools, have broken down and can no longer carry out their expected functions. Indicators of social disorganization include high unemployment, school dropout rates, deteriorated housing, low income levels, and large numbers of single-parent households. Residents in these areas experience conflict and despair, and as a result, anti social behavior flourishes.
  • 98. Origins of Sociological Criminology: b). Sub-Cultural Theories Sub-cultural theories assume that certain groups have values quite distinct from those of the rest of society. Members of these groups will be disproportionately involved in crime because they acquire and follow the values of their group. According to the sub-cultural model, crime does not occur because people have been imperfectly socialized; it occurs because they have been socialized in a deviant group and acquired its values. Social-Control Theory (Travis Hirschi, 1935-2017) – assumes that everyone has predisposition toward criminal behavior. Social Control Theory seeks to answer the question, “Why don’t juveniles commit delinquent acts?” Social control theory assumes that people will violate the law. So why don’t they? The answer to this question, according to social theorists, lies in the strength of an individual’s ties to the foundations of society (family, friends, and school). Those who have close ties with their families and non-delinquent friends as well as those who possess high self-esteem are unlikely to commit delinquent acts. These individuals are bonded to the larger society. Individuals who are not bonded to the larger social order are free from constraints to violate the law.
  • 99. Origins of Sociological Criminology: Social Control/Social Bonding Theory (Travis Hirschi) – according to Hirschi, people usually do not commit delinquent acts because they fear that this behavior will damage their relationships with their parents, friends, families, teachers, and employers; thus, individuals do not commit delinquents acts because they are bonded to the larger society. When these social bonds are broken or diminished, delinquency is likely. Four elements of the social bond: • Attachment – describes the emotional and psychological ties a person has with others. It includes sensitivity to and interest in others as well as sense of belonging. Hirschi believed that attachment to parents is more important than attachment to peers and school. Attachment is the most important element of the social bond. • Commitment – involves the time, energy, and effort expended in conventional action. For example, someone who has worked hard to get a good education is not likely to jeopardize those efforts by committing crime. The more conventional assets people have—such as an education, job, and home – the less likely they are to commit crime. • Involvement – means significant time and attention spent in conventional activities, which leaves little time for illegal behavior. People who are busy working, going to school, and raising children are far less likely to commit crime. They do not have the spare time to indulge temptations to commit crimes. • Belief – describes the acceptance of moral legitimacy of law and authority, with an understanding that the law should be obeyed.
  • 100. Origins of Sociological Criminology: • Self-Control Theory (Gottfredson and Hirschi) – Michael Gottfredson and Travis Hirschi argued in later control theory that the tendency to commit crime can be found in the level of self-control. Self-Control – the ability to control one’s own behavior. Gottfredson and Hirschi proposed that those who commit delinquent acts have low self-control; they tend to be impulsive, insensitive, and need immediate gratification. What causes people to have limited self-control? Lack of self-control is caused by inadequate child-rearing practices. Self-control, according to Gottfredson and Hirschi, is instilled in children by the age of eight and is relatively constant thereafter. They suggested that parents must monitor their child’s behavior, recognize inappropriate behavior when it occurs, and punish the inappropriate behavior. If an individual has low self-control but there is no criminal opportunity, then delinquency will not take place. If opportunity presents itself to a juvenile with low self-control, delinquency is likely to occur.
  • 101. Origins of Sociological Criminology: 2. Economic Cause Studies concerning the influence of economic factors on criminal behavior have attempted to link economic deprivation to increased motivation to commit crimes, especially property crimes. Other studies attempt to relate the disproportionate involvement of poor people in crime to the distribution of power in society. The assumption in these studies is that criminal law is a tool used by the social group with higher economic status o advance its class interests. Studies of the relationship between unemployment and crime have yielded conflicting results. Some studies indicate a negative relationship between unemployment and crime, and that is, when unemployment decreases, crime increases, or vice versa.
  • 102. Origins of Sociological Criminology: Those who follow the teachings of German Philosopher Karl Marx (1818- 1883), known as Marxists, believe that capitalist societies generate surplus labor as a means of limiting the demands of workers for higher wages and other benefits. During the period of economic expansion, fewer people are punished for criminal activity. This reduces the amount of people in jail and increases the size of surplus labor in the economy. On the other hand, during periods of economic decline, more people are put in jail, which prevents too much surplus labor from posing a threat to the social and economic order.
  • 103. Sociological Theories of Criminality: By the rapid growth of population, more particularly in urban places owing to industrialization, sociologist reached the conclusions that growing up and living in urban places, such as in squatters and slum areas, undoubtedly influenced the outcome of people’s lives. Auguste Comte (1798-1857) – the founder of sociology, argued that the process whereby with the development of industrialize society people have become increasingly separated into different places of residence and employment has subverted the moral authority of a previously united society. From these perspective, people are seen to commit criminal acts not because it is in their material interest to do so, but because there is no strong moral authority influencing them to do otherwise.
  • 104. Sociological Explanation of crimes: Five possible reactions or adaptations can occur when people are not in position to legitimately attain internalized social goals. Merton developed five (5) modes of adaptation: 1. Conformity – a conformist both accepts the cultural goal of economic success and accepts the institutionalized means to obtain the success. A conformist is highly unlikely to commit delinquent acts. 1. Ritualism – a ritualist rejects the cultural goal of economic success but accepts the institutionalized means to obtain the cultural goal. Ritualist respond to strain by lowering their aspiration for financial success, but they still accept the means to obtain it, such as employment and education. It is unlikely that ritualist, who are heavily represented in the lower middle class, will commit delinquent acts.
  • 105. Sociological Explanation of crimes: 3. Innovation – an innovator accepts the goal of economic success but rejects the institutionalized means to obtain it. In this adaptation, the individual invents new means to obtain economic success other than education and employment. The innovator may commit offenses such as drug dealing, robbery, fraud, bribery, and prostitution in an effort to obtain financial success. Innovators want to be financially successful and will commit delinquent acts that move them forward to this goal. Innovation is the mode of adaptation that is most likely to lead to delinquency. 4. Retreatism – a retreatist rejects both the cultural goal of economic success and any institutionalized means to obtain it. Retreatist do not aspire to financial success nor are they concerned with education and employment. They frequently escape into drug addiction and may commit crimes to support their drug use. The retreatist’s strain is reduced by abandoning both the goal and the means to obtain it. 5. Rebellion – a rebel rejects the cultural goal and the means to attain it but substitutes new goals and new means to obtain them. This adaptation is likely to lead to delinquency and can be represented by some gangs, militias, cults, and countercultures. Delinquency is likely to occur among rebels, but it will not be as prevalent as delinquency among innovators.
  • 106. RADICAL CRIMINOLOGY The term Radical is defined as “favouring or effecting revolutionary changes”. In this definition, criminological theories may be considered radical in at least two ways: 1. These theories represent a dramatic break with the pragmatic frameworks of the varied theories. 2. These theories advocate fundamentals changes in the society’s social structure, particularly in the mode of producing and distributing resources in order to substantially reduce or eliminate crime.
  • 107. Radical Criminology: Radical Criminology – states that society functions in terms of the general interests of the ruling class rather than “society as a whole” and that while the potential for conflict is always present, it is continually neutralized by the power of the ruling class. Radical criminology is related to critical and conflict criminology in its focus on class struggle and its basis in Marxism. From this perspective, law, law enforcement agencies, and government itself are instruments of the ruling class to maintain their advantageous position in society, and to control those who pose a threat to their position. Radical Criminology considered crime to be a tool used by the ruling class. Laws are put into place by the elite and are then used to serve their interests at the peril of the lower class.
  • 108. Radical Criminology: Radical Theory – radical theories of crime causation are generally based on Marx’s ideas. Among the first criminologists to employ Marxist theory to explain crime and justice were Richard Quinney, William Chambliss and Anthony Platt. Radical criminologists argue that capitalism is an economic system that requires people to compete against each other in the individualistic pursuit of material wealth. The destructive effects of capitalism, such as crime, are not caused by income or property inequality or by poverty. Rather, crime is caused by class struggle- the competition among wealthy people and among poor people, between rich and poor people, and the practice of taking advantage of other people.
  • 109. Radical Criminology: Radical criminology maintains that there is no such thing as an inherently criminal act. In other words, in order for the behavior to be criminal, it must be defined as crimes by some members of the society. It is a basic principle of Labeling theory. Social Reaction Theory Commonly called Labeling theory, the focus of social reaction theory is the criminalization process- the way people and actions are defined as criminal. The distinguishing feature of all “criminals” is that they have been the object of a negative social reaction. Negative labels include “troublemaker,” “mentally ill,” and “ stupid.” These labels reduce the self-image of the individual.
  • 110. Radical Criminology: Labeling theory – this theory states that the reaction of other people and the immediate effects of these reactions create deviance. Once it became known that a person has engaged in a delinquent behavior, said person is segregated from society, and a label such as “thief,” “drug addict,” and “criminal,” is attached to the person. Labeling serves as a process of segregation that creates outsiders or outcasts from society, who begin to associate with others who also have been cast out.
  • 111. Origins of Radical theories: Conflict Theory Conflict theory assumes that society is based primarily on conflict between competing interest groups – for instance, the rich against the poor, management against labor, men against women, adults against children. Conflict theorists state that delinquent behavior is due to conflict in society that arises from an unfair distribution of wealth and power. Conflict theorists are concerned with the role government plays in creating an environment that is conducive to crime. They are also concerned with the role that power has in controlling and shaping the law. One of the earliest theorists to apply conflict theory to the study of crime was George Vold (1896-2018)
  • 112. Early Radical Criminology Theory: 1. Crime and Privilege (Barry Krisberg, 1945-2019) - a radical criminologist argued that crime must be studied within “the broader quest for social justice,” which in turn requires that one must understand the relationship between crime and privilege. In Krisberg analysis, the poor and indigenous people, women, and other “underprivileged” or deprived groups of people do not necessarily commit more crime than middle-class and upper-class , but they are more likely to be subjected to the strict control and degradation of the criminal justice system. 2. Crime and Oppression (Richard Quinney, 1934-2019) – he developed a criminological theory that grew increasingly more Marxist and radical in orientation. In his book, “The Social Reality of Crime,” he delineated his propositions that today could best be characterized as continuing a conflict approach. His perspective was more pluralist than materialist.
  • 113. Major features of Radical Criminology: 1. Radical criminology rejects the individualistic approach to crime causation. 2. Radical criminology question the rightfulness of law. 3. Radical criminology instead of explaining the fact of deviance with reference to the society, within which it occurs, gives importance to the social power. 4. Radical criminology do not believed in the accuracy of government figures relating to crime because government officials either overstate or understate figures. 5. Radical criminology hold that the law is used only against the poor, the illiterate, the powerless, and the members of the minority groups. The ruling class uses legal apparatus mainly with Three (3) objectives: 1. To impose its morality and standard on the society. 2. To protect their persons and property from the depredations of the poor. 3. To compose such definition of criminal behavior which may enable them to maintain dominance over the poor and the middle classes.
  • 114. Outlines of Radical Criminology: 1. Radical criminology must be anti-statist and anti-capitalist – it must not succumb to the myth, as libertarians do, and that there is an opposition between capitalism and the state. 2. A Radical criminology must again recognize exploitation; the social exploitation of labor, as the central organizing features of capitalist societies. 3. The criminal justice system is themselves a profit maximizing machines – the manner of their profit-making is the processing and punishment of the poor. 4. The state is a protection racket – a protection racket is a scheme whereby a group provides protection to businesses or other groups through violence outside the sanction of the law, in other words, a racket that sells security such as traditionally, physical security but at present it also involves computer security. 5. Radical criminology must be anti-colonial – it must confront the historic and ongoing assaults on indigenous people communities globally by settler capitalist and their criminal justice systems. 6. Radical criminology must be deep green – it must draw attention and oppose the integral relationships between capitalist exploitation business practices, and the destruction of the ecosystems. 7. Radical criminology is abolitionist – it must call for the abolition of all static criminal justice system.
  • 115. FEMINIST CRIMINOLOGY It is primarily concerned with the victimization of women such as female delinquency, prostitution, and gender inequality in the law and criminal justice system are also receiving attention. Feminism is a set of theories about women’s oppression and set of strategies to change it. It is related to, but not simply derived from, biological sex differences, and reproductive capacities. This seeks to address the limitation by enhancing the understanding of both male and female offending as well as criminal justice system responses to their crimes.
  • 116. Feminism: Feminism is a school of thought that explains gender in terms of the social structure in which it is constructed and emphasizes the importance of taking collective action to ends sexism. Four types of feminist criminology: 1. Liberal feminist criminology – focuses on securing the same legal rights for women and men enjoy. Liberal feminism believe that one cause of gender inequality is blocked opportunities, so the goal of their social activism is the removal of any obstacles that women face in the paid work force, education, government, and social institutions. The main strategy for accomplishing this goal is legal changes, that is, abolishing gender discrimination by enacting laws that prohibit gender discrimination. 2. Radical feminist criminology – it is a theoretical perspective that sees gender inequality of sexism as the most fundamental form of oppression. Radical feminist criminology sees male power and privilege as the root cause of all social relations inequality, and crime. The main causes of gender inequality are: a.) the needs of men to control women’s sexuality and reproductive potential; and b.) patriarchy. Radical feminist contends that men physically, sexually, and psychologically victimize women mainly because of their need and desire to control them.
  • 117. Feminism: 3. Social Feminist Criminology – this school of thought argues that women deviancy is the by- product of exploitation of capitalism and patriarchy. Fewer economic resources, opportunities and low paying jobs availability are just left over of men who dominate capitalism. Women are exploited by capitalism and patriarchy and as a result, they are left with only fewer opportunities. These factor lead to deviancy. Social feminist argue that class inequality in capitalist society is primary the oppression, with all other oppression growing largely out of unequal economic conditions and class struggles. 4. Marxist Feminist Criminology – argues that the economic formation of a society is the primary determinant of other social relations, such as gender relations. The gender division of labor is viewed as the product of the class division of labor. Because women are seen as being primarily dominated by capitalist society and secondarily by men, the main strategy for change is the transformation from capitalist society to a democratic socialist society. To combat victimization of women (rape, incest, battery, sexual harassment, etc.) an alternative system should undertake a massive commitment to the female victim, enact legal reforms, and reinterpret the nuclear family. A reformed society must offer equal access to jobs of all types, and at all levels within the criminal justice system, particularly for working class women.
  • 118. Feminism: The feminist school of criminology is a school of criminology developed in the late 1960s and into the 1970s as a reaction to the general disregard and discrimination of women in the traditional study of crime. Feminist criminology notes that the field of criminology has historically been dominated by men, leading to the development of criminological theories that focus on the male experience. This patriarchal domination is not unique to criminological theory, as it is also reflected in the criminal justice system which is cited as a gender institution itself. Nicole Rafter Hahn (1939-2006) – argued that a woman was usually deemed “bad” if she has one of the following characteristics: 1. She was indecisive and lacked “moral fortitude.” 2. She was promiscuous 3. She was irresponsible
  • 119. Theories of female criminality: 1. Masculinization theory – masculinization is a term applied to the critique of traditional academic discussions of the female offender and of popular depictions of female criminality. Masculinization refers to the attribution of male characteristics to women in an attempt to understand their attitude rather than locating women’s character in female experience or structural location. Alfred Adler (1870-1937), argued that the women’s movement would lead to an increase in female crime because liberation would make women more like men. Masculinization is also the abnormal development of male sexual characteristics in a female resulting from hormone therapies or adrenal malfunction. 2. Opportunity theory – suggests that offenders make rational choice; thus, they choose targets that offer a high reward with little effort and risk. The occurrence of a crime depends on two things; the presence of at least one motivated offender who is ready or willing to engage in a crime, and the conditions of the environment in which that offender is situated, and which provide opportunities for crime. All crimes require opportunity but not every opportunity is followed by crime and criminal offenders.
  • 120. Theories of female criminality: 3. Marginalization theory – marginalization comprises those processes by which individuals and groups are ignored or relegated to the side-lines of political debate, social negotiation, and economic bargaining; and that is being kept in the same situation. Homelessness, age, language, employment status, skills, race, and religion are some criteria historically used to marginalize. 4. Chivalry or Paternalism theory – the paternalism argument posits that prosecutors, judges, and other pillar of the criminal justice system try to protect women as the “weaker sex” from the stigmata of a criminal record or the harshness of jail. According to this view, judges, and, presumably, prosecutors and other pillars of the criminal justice system, treat women more leniently than men because they do not want to subject the supposedly physically weaker sex to the harsh conditions of prison. Because they see women as less violent; thus, less threat to the society than men; or because they assume that many women are the sole caretakers of young children, and that incarcerating them may leave children homeless or place a burden on the state for their care. Chivalry – is a type of protective attitude assumed by males toward females.
  • 122. ANOMIE THEORY: Anomie (Emile Durkheim, 1858-1917) – means the breakdown of social order as a result of the loss of standards and values. If the society is stable, its parts operating smoothly, the social arrangements are functional. Such society is marked by cohesion, cooperation, and consensus. But if the component parts are arranged in such a way as to threaten the social order, the arrangements are said to be dysfunctional. Emile Durkheim believed that the causes of crime are present in the very nature of the society, crime is related to loss of social stability. Durkheim used the term anomie to describe the feelings of alienation and confusion associated with the breakdown of social bonds.
  • 123. STRAIN THEORY: Strain Theory (Robert Merton) - Strain theorists see delinquency as a result of a lack of opportunity, in particular of economic opportunity. Those who do not have equal opportunity are “strained” and consequently more likely to be delinquent. Strained individuals are more prevalent when there is poverty. This theory holds that crime is a function of the conflict between the goals people have and the means they can use to legally obtain them. Although social and economic goals are common to people in all economic strata, strain theories argue that the ability to obtain these goals is class-dependent. People desire wealth, material possessions, power, prestige, and other life comforts. Members of the lower class are unable to achieve these symbols of success through conventional means. Consequently, they feel anger, frustration and resentment, which is referred to as strain. Lower-class citizens can either accept their condition, or they can choose an alternative means of achieving success such as theft, violence, or drug trafficking.
  • 124. STRAIN THEORY: Merton’s Strain Theory – according to Robert Merton, the cultural goal of U.S. citizens is material wealth and that this goal is made widespread through the media, cultural messages, as well as through other mechanisms. In our society, institutionalized means of reaching the primary goal are: education, occupation, and deferral of gratification. However, not everyone has equal access to the institutionalized means to obtain financial success. Poorer members of society have less access to education and good jobs than do members of the middle and upper classes. Strain theory is sometimes referred to as “blocked opportunity” theory. People are blocked in their ability to access education and good jobs because they experience a discrepancy between the desire to obtain economic success and the ability to do so.
  • 125. CULTURAL DEVIANCE THEORY: Cultural Deviance Theory attribute crime to a set of values peculiar to the lower class. Cultural Deviance Theory – this theory combines elements of both strain and social disorganization. According to this view, because of strain and social isolation, a unique lower-class culture develops in disorganized neighborhoods. These independent subcultures maintain a unique set of values and beliefs that are in conflict with conventional social norms. Middle –class culture stresses hard work, delayed gratification, formal education, and being cautious. The Lower-class subculture stresses excitement, toughness, risk-taking, fearlessness, immediate gratification, and “street smarts.” The lower-class subculture is an attractive alternative because the urban poor find that it is impossible to meet the behavioral demands of middle-class society.
  • 126. THREE MAJOR CULTURAL DEVIANCES : 1. Social Disorganization Theory – is based on the work of Henry Mckay and Clifford Shaw of the Chicago School. It links crime rates to neighborhood ecological characteristics. A disorganized area is one in which institutions of social control, such as the family, commercial establishments and schools, have broken down and can no longer carry out their expected functions. Indicators of social disorganization include high unemployment, school dropout rates, deteriorated housing, low income levels, and large numbers of single-parent households. Residents in these areas experience conflict and despair, and as a result, anti social behavior flourishes. This theory was developed by Shaw and McKay. It was one of the first attempts to focus on the social conditions that lead to delinquency. They explain why juvenile crime rates were so high in areas of a city characterized by urban decay. They argued that the ecological condition of the city influenced delinquency.
  • 127. THREE MAJOR CULTURAL DEVIANCES : 2. Differential Association theory – this theory was proposed and developed by Edwin Sutherland in the late 1930s and early 1940s. The theory states that crime is learned through social interaction. People come into constant contact with definitions favorable to violations of law and definitions unfavorable to violations of law. This theory maintains that people learn to commit crime as a result of contact with anti-social values, negative attitudes, and criminal behavior. 3. Culture Conflict theory – focuses on the source of the criminal norms and attitudes. According to Thorsten Sellin (1896-1994), conduct and norms, are norms that regulate the daily lives, and are rules that reflect the attitudes of the groups to which each them belongs. Their purpose is to define what is considered appropriate or normal behavior and what are inappropriate or abnormal behaviors. The main difference between a criminal and non-criminal is that each is responding to different sets of conduct norms.
  • 128. SUB-CULTURAL THEORY: Delinquent subculture is a subculture whose values are in opposition to those of the dominant culture or those emerged to the slum areas in larger cities. • Subculture – is a set of values, norms, and beliefs that differs from those within the dominant culture. According to subculture theory, delinquent youth hold values, norms, and beliefs in opposition to those held in the dominant culture. Therefore, youths who behave in a manner that is consistent with the values, norms, and beliefs of their subculture will often be in conflict with the law. The goal of lower-class youths is middle-class membership. However, lower-class youth face developmental handicaps that place them at a disadvantage in obtaining their goal of middle-class membership. These developmental handicaps include the lack of educational preparation and inability to delay gratification. Because lower-class members have norms and values that differ from those of the middle class, lower-class families cannot teach their children the proper socialization techniques necessary for middle-class membership.
  • 129. SUB-CULTURAL THEORY: • How do young people of the lower class achieve middle-class membership? The primary means of becoming a member of the middle-class is EDUCATION. The standards and values used in school to evaluate youths, which Cohen calls “middle-class measuring rods,” include ambition, responsibility, deferred gratification, courtesy, ability to control aggression, constructive use of time, and respect for property. Essentially, lower-class youths are being evaluated by measures grounded in middle-class values and norms to which they are not accustomed. These middle-class measuring rods make it difficult for lower-class children to succeed in school. Status Frustration – occurs due to a person’s inability to obtain the goal of middle-class status.
  • 130. DIFFERENTIAL OPPORTUNITY THEORY: Richard Cloward and Lloyd Ohlin focused on serious delinquency committed by urban, male gang members. They asserted that two goals pursued by lower-class youth were a) economic success and/or b) middle-class membership. Cloward and Ohlin believed that illegal opportunities, like conventional opportunities, are stratified unequally. This means that there is an illegitimate opportunity structure just as there is a legitimate opportunity structure for success. • Legitimate opportunity structure involves education, hard work, and a good occupation, and not everyone has access to this opportunity structure to obtain economic success. • The illegitimate opportunity structure includes criminal enterprises in neighborhoods where there are criminal mentors to assist youths in becoming successful criminals. Because having a mentor and other types of opportunities do not exist in every neighborhood, not everyone has access to the means to be a criminal. "Achieving success by new means is more than a matter of choosing to commit crime.”
  • 131. SOCIAL STRUCTURE THEORY: Considering the deprivation suffered by the lower class, it is not surprising that a disadvantage economic class position has been viewed by many criminologists as a primary cause of crime. This view is referred to here as social structure theory. SOCIAL STRUCTURE THEORIES – examine only why lower-class youths are more likely to commit crime than middle- and upper-class youths. Middle and upper class youths do commit crime, but their crimes are usually less serious than those committed by lower-class youths. Basically, social structure theories focus on two major factors that influence delinquency: 1. socioeconomics condition 2. cultural values Social structure theory suggests that forces operating in the lower-class areas of the environment push many of their residents into criminal behavior patterns. They consider the existence of unsupervised teenage gangs, high crime rates, and social disorder in slum areas as major social problems.
  • 132. SOCIAL PROCESS THEORY: The elements of socialization are the chief determinants of criminal behavior. People living in even the most deteriorated urban areas can successfully survive inducements to crime, if they have good self-image, strong self-control, and the support of their parents, peers, teachers, neighbors, and other important institutions. Social Process theory focus on the relationship between socialization and delinquency. In particular, social process theories analyze the relationship to delinquency of certain factors such as peer group relationships, family relationships, and failure in school. Individuals who associate with delinquent peers are themselves at significant risk of committing acts of delinquency. Individuals who have been raised in a dysfunctional family or without proper nurturing are at greater risk of delinquency. Individuals who drop out of school are also at risk of for delinquency.
  • 133. SOCIAL LEARNING THEORY: Social learning theory find that crime is a product of learning the norms, values, and behaviors associated with criminal activity. Social learning can involve the actual techniques of crime as well as the psychological aspects of criminality, and how to deal with the guilt or shame associated with illegal activities. According to learning theory, juveniles commit delinquent acts because they learn the attitudes, skills, and rationalization necessary to commit these acts. This learning may take place in interaction with parents and peers. Four (4) factors for a person to learn through observations and then imitate a behavior: 1. Attention – pay attention the crucial details of the model’s behavior. 2. Retention – learner must be able to retain all of the information in memory until it is time to use. 3. Reproduction – the learner must have the physical skills and coordination needed for reproduction of the behavior. 4. Motivation – learner must have the motivation to imitate the model.
  • 134. SOCIAL CONTROL THEORY: Focuses on techniques and strategies that regulate human behavior and lead conformity, or obedience to society’s rules, and the influence of family and school, religious beliefs, moral values, friends, and even beliefs about governments. Social Control Theory seeks to answer the question, “Why don’t juveniles commit delinquent acts?” Social control theory assumes that people will violate the law. So why don’t they? The answer to this question, according to social theorists, lies in the strength of an individual’s ties to the foundations of society (family, friends, and school). Those who have close ties with their families and non-delinquent friends as well as those who possess high self-esteem are unlikely to commit delinquent acts. These individuals are bonded to the larger society. Individuals who are not bonded to the larger social order are free from constraints to violate the law. Edward Ross (1866-1951) – according to Ross, belief systems rather that specific laws guide what people do and universally serve to control behavior, no matter what form the beliefs take. Donald Black (1941-2019) – sociologist of law, noted that “social control is found whenever people hold each other to standards, explicitly or implicitly, consciously or not on the street, in prison, at home, at a party.”
  • 135. CONTAINMENT THEORY: Containment theory (Walter Reckless, 1899-1988) – assumes that for every individual there exists a containing external structure and a protective internal structure, both of which provide defense, protection, or insulation against delinquency. Walter Reckless believed that both internal and external forces operate when juveniles make decisions to avoid or commit delinquent acts. Some internal forces inhibit people from committing delinquent acts while others encourage delinquent behavior. The same is true for external forces; some inhibit while others encourage delinquent acts.
  • 136. CONTAINMENT THEORY: Four motivating and restraining forces for delinquency (Reckless): • Inner pressures and pulls – lead juveniles toward committing delinquent acts. Inner forces include an individual’s desires, needs, and wants such as money. These also include feelings of restlessness, hostility, and the need for immediate gratification. • Inner containments – inhibit delinquent behavior. Inner continments are internal personal controls that lead someone to not commit delinquent acts. These include self- esteem, strong sense of responsibility, internalized moral codes, tolerance of frustration, and positive goal orientations. Some argue that inner containments are the most powerful inhibitors to delinquency. If individuals are internally restrained from committing delinquent acts because of their belief systems, they are highly unlikely to commit delinquent acts. • Outer pressures and pulls – lead to delinquent behavior. External pressures in the environment that may lead to delinquency include the influence of one’s peer group, unemployment, and living conditions. Associating with delinquent peers, not having a job, and living in substandard conditions are external pressures on juveniles to commit delinquent acts. External forces also include the rewards for committing delinquent acts such as status and financial gain. • Outer containments – inhibit delinquent behavior. These include forces that provide discipline and supervision including parents, police, schools, and the juvenile justice system.
  • 137. INTEGRATED THEORY: Delbert Elliot (1933—2019) and his colleagues proposed a theory that integrates social control and strain theories. They suggest that limited or blocked opportunities and a subsequent failure to achieve cultural goals would weaken or even destroy a bonds in childhood, a series of bad experiences in school, in the community, and at home, along with blocked access to opportunity, would be likely to lead to a weakening of those social bonds. As strain weaken social bonds, the chance of delinquency increases. Another integrated theory combines control with learning theory. Terence Thornberry (1945-2019) argues that the potential for delinquency begins with the weakening of person’s bonds to the conventional world, such as parents, school, and accepted values. But if the potential is to become a reality, one needs a social setting in which to learn delinquent values. It is quite clear that social position is also important. The poorest youngsters are typically the least bonded and the most exposed to influence that can teach them criminal behavior.
  • 138. RATIONAL-CHOICE THEORY: The rational-choice theory, developed by Derek Cornish (1939-2019) and Ronald Clarke (1941-2019), takes into account the entire criminal event, which includes the criminal motivation, and the situation. Rational – refers to the fact on how the criminals process information, and how they evaluate alternatives. Choice – suggests how the criminals make their decisions. According to Cornish and Clarke, an individual commits a crime after he or she had made a rational decision to do so, that is, has weighed the risks and benefits of the act and selected a particular offense according to various criteria.
  • 139. RATIONAL-CHOICE THEORY: CHOICE THEORY – supports the idea that since the offender has made a rational choice to commit the offense, the focus should be on the offense and not on the offender. Choice theorists believe that the way to control delinquency is to have offenders fear the punishment. Because people are hedonistic and seek pleasure and the avoidance of pain, the role of punishment is to make the risks of committing delinquent acts greater than any pleasure they experience in committing the delinquent acts. Those who support the use of punishment to control delinquency assume that juveniles are making a choice to commit criminal acts and can be deterred if the risks outweigh the benefit.
  • 140. ROUTINE-ACTIVITY THEORY: ROUTINE ACTIVITY THEORY – is based on rational choice. Developed by Lawrence Cohen and Marcus Felson, the theory contends that the motivation to commit crime and the supply of offenders are constant. It is focused on the crime target or anything an offender wants to take control. Before crime will occur, however, three (3) elements must come together: • Motivated offender (ex. a drug-abusing juvenile who needs money for drugs) • Suitable target (ex. a home with easily transportable and valuable property) • The absence of a capable guardian (ex. homeowners and neighbors are not home)
  • 142. LABELING THEORY: Labeling theory – emphasizes explanations of why certain laws are passed and enforced and why police and juvenile court personnel process some offenders but not others. Labeling theorists argued that the law represents the values and interests of individuals and organizations that are able to organize resources to influence legislation. Not everyone who commits a delinquent act is processed through the juvenile justice system and labeled a “delinquent.” Labeling theory looks at the unanticipated and negative consequences of law and law enforcement especially the label that is attached to certain offenders. It is not concerned with what causes the initial delinquent act --- lack of opportunity, low self-control, or biological abnormality --- but is concerned with what leads to continued delinquency.
  • 143. LABELING THEORY: Frank Tannenbaum Labeling theory – Tannenbaum rejected the dualistic fallacy- the idea that delinquents and non-delinquents are two fundamentally different types of people. Tannenbaum sees delinquents as well-adjusted people. Delinquent behavior is behavior so labeled by adults in a community. Adults, who have more power than children, are able to have children labeled “delinquent”. Once children are labeled delinquent, they become delinquent. Lemert’s Labeling Theory – Edwin M. Lemert proposed that the reaction to delinquency is what causes it in the future. Most juveniles commit acts of delinquency and are never brought into juvenile justice system for processing. Not all youths labeled “delinquent” accept these roles; how receptive they are to such labels depends on their social class.