This theory stated that punishment of crime should not depend upon the biased opinions of the noblemen or the clergy relying on superior beings to provide answers on how to punish criminals. The Classical School was against the barbaric responses to crime that had been done previously. It states that the rule of law where everyone was treated equally without fear of facing favoritism in the courts should be followed. This meant that the law would treat everyone the same, no matter what the circumstances of the crime were, the age of the perpetrator, the history between the victim and the perpetrator etc.
Those that supported this theory believed that crime was an injury to society and that punishment should try to avoid causing any more injuries to the society. Therefore, punishment should help to deter and discourage crime instead of using it as an act of revenge. This theory believes that people are rational, calculating actors who look to maximize pleasure and minimize pain. Punishment would serve to remind the public that committing crime would actually maximize pain and therefore encourage people to stay away from it.
Punishment should be for the function of deterrence and that deterrence should be aimed at both society and the individual. Individual deterrence should make sure that individuals who are involved in criminal activity are discouraged from continuing to do so. Meanwhile, general deterrence ensures that the rest of the general public is also deterred from committing crime for fear of what the consequences may be.
Thursday, 26 June 2014
Theories of Crime-Positivism
Positivism tries to explain crime by looking at the individual differences between people in terms of biological or physiological differences. It states that the qualities that make people different from one another means that some individuals are predisposed to crime more than others. This theory deals with crime by identifying those factors that predispose an individual to crime and finding a solution for those characteristics. Positivism individualizes social problems, crime and punishment. It states that the solutions are found deep within the human body or mind instead of within society.
This theory is dominated by biological positivism which looks for causes of crime within the makeup of human individuals, their bodies, and minds. Biological positivists suggest that crime and deviance are beyond the control of that person. They are just acting out deep rooted drives that come from their biology. Instead of demonic forces driving people to commit crime like it was thought in the medieval systems, the forces are physical and biological and operate within the individual.
This theory can be tied into the Classical School of Criminology by Cesare Lombroso who was an influential figure in the Classical School. One of the main points of his theory was that criminals have a distinct look to them, they didn't look the same as normal people. He called them Atavists and described them as freaks of nature, evolutionary throwbacks that hadn't fully evolved and were closer to apes than humans.
This theory is dominated by biological positivism which looks for causes of crime within the makeup of human individuals, their bodies, and minds. Biological positivists suggest that crime and deviance are beyond the control of that person. They are just acting out deep rooted drives that come from their biology. Instead of demonic forces driving people to commit crime like it was thought in the medieval systems, the forces are physical and biological and operate within the individual.
This theory can be tied into the Classical School of Criminology by Cesare Lombroso who was an influential figure in the Classical School. One of the main points of his theory was that criminals have a distinct look to them, they didn't look the same as normal people. He called them Atavists and described them as freaks of nature, evolutionary throwbacks that hadn't fully evolved and were closer to apes than humans.
Wednesday, 25 June 2014
Theories of Crime-Strain Theory
This theory was developed by Robert K. Merton. He stated that people who live in capitalist societies have the same cultural goals like wealth, status, and financial success. These goals are encouraged and reinforced by the many institutions found in capitalist societies like schools, the government, media and corporations. Along with this, there are also encouraged means to achieve these goals like education, hard work, thrift spending, and personal sacrifice.
Unfortunately, not everyone can achieve these goals by using the encouraged means. Some people may have blocked opportunities mainly because of class location, socioeconomic status, race, ethnicity or gender discrimination. This causes strain to develop because there is a means-end discrepancy and can result in deviance or crime. A gap between the effort and the goals can cause frustration or stress which can lead an individual to commit crime in order to achieve their goals.
Merton says that individuals respond to strain in 5 ways:
1) Conformism: People accept the socially encouraged means and ends. They stay in school and sacrifice to become financially successful.
2) Innovation: People accept the goals of wealth and status but reject the means. This would be people like drug dealers or corporate criminals.
3) Ritualism: People become attached to the means but lose sight of the goals. This would be "professional students".
4) Retreatism: People reject both the means and the goals. This would be someone who drops out of school and pursues subcultural activities.
5) Rebels: People who reject the socially defined goals and means but seek to replace them with alternatives. This would be revolutionaries, anarchists, an counter-cultural activists.
Unfortunately, not everyone can achieve these goals by using the encouraged means. Some people may have blocked opportunities mainly because of class location, socioeconomic status, race, ethnicity or gender discrimination. This causes strain to develop because there is a means-end discrepancy and can result in deviance or crime. A gap between the effort and the goals can cause frustration or stress which can lead an individual to commit crime in order to achieve their goals.
Merton says that individuals respond to strain in 5 ways:
1) Conformism: People accept the socially encouraged means and ends. They stay in school and sacrifice to become financially successful.
2) Innovation: People accept the goals of wealth and status but reject the means. This would be people like drug dealers or corporate criminals.
3) Ritualism: People become attached to the means but lose sight of the goals. This would be "professional students".
4) Retreatism: People reject both the means and the goals. This would be someone who drops out of school and pursues subcultural activities.
5) Rebels: People who reject the socially defined goals and means but seek to replace them with alternatives. This would be revolutionaries, anarchists, an counter-cultural activists.
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