University:
Seton Hall University
Course:
CRIM3550AA | History of Criminological Theory
Academic year:

2024
Views:

213

Pages:

1
Author:

Andrea B.

September 5, 2023, History of Criminological Theory in class notes Cesare Beccaria continued - - Punishment must be proportionate to the crime you committed- ninth amendment Criticisms of Beccaria (shouldn’t treat everyone the same because the defenses are not all the same and this will lead to injustices) “Treat the insane like the sane” “treat juveniles like adults” “treat people who involuntarily commit crimes like those who voluntarily commit crimes” “treat defendants who committed crimes under duress just like those who committed them without duress” “treat defendant who committed crimes while under entrapment like those who committed while not stopped by police” “treat people who were mentally deficient like those who were mentally sufficient” “treated people who intentionally committed the crime (first degree murder vs. involuntary manslaughter) (mens rea-different degrees of a guilty mind- in Beccaria’s mind they were all the same) just like people who committed the crime non-intentionally (reckless or negligent) – there was no defense for mental illness, everyone treated the same in Beccarias eyes Beccaria is the classical system, the new American system is the neo-classical systemwhich recognizes some specific individual differences and some extenuating circumstances under which a crime was committed Cesare Lombroso - - He was deemed the father of positivist criminology, and two branches of it- biological determinism and later multi-factor determinism Determinism is pro-rehabilitation Positivism- study criminals with the same techniques you use to study the physical sciences (physics etc.) Biological factors alone cannot explain criminology Was a surgeon His causes of crime deal with anatomy Felt that there were imperfections in your anatomy that made you a criminal Positive sociology- study social problems of human beings using the same methods as the physical sciences Interested in Darwin and biological evolution- learned the idea of atavistic man- a male human being who was a throw back to an early less developed and evolved form of homo sapiens. His original theory was that criminals were atavistic man He was anti-free will, pro-determinism Genotype determines your phenotype Telltale sign of being a criminal is your phenotype- stigmata, imperfections on your physical appearance says you have an abnormal genotype saying youre a criminal Cleft pallet, extra fingers and extra toes, multiple nipples, Turkish eyebrow, weird ears