1. demon possessed
2.  feeble minded
3. morally destitute

Cesare Becarria:  (1738-1794)  An essay on Crimes and Punishment (1764) Italian philosopher

Jeremy Bentham (1748-1833) English philosopher:  An Introduction to the Principles of Morals and Legislation (1780): 

     coined the term Utilitarianism

BASIC ELEMENTS:

1)  Human behavior is a matter of choice.  People have free will to
     choose criminal or non criminal behavior. 

2)   Punishment should be based on pleasure pain principle   

3)  Whether people will commit crimes is in part determined by their fear of the punishment

4)    Punishment should fit the crime

5     The more certain and swift the punishment, the better able it is to control criminal behavior.  However, punishment should be no more than is necessary to deter the offense.

6     The law must be applied equally to all persons and there is no defense for criminal acts.

IMPACT OF CLASSICAL SCHOOL:

Many governments used Becarria's ideas as a model for their criminal law.

1)  Prisons began to be used for punishment
2)  Sentences were geared proportionately to the seriousness of the crime
3) Capital punishment was used less often for minor offenses.  
4)  Gave rise to the choice school of criminology, which dominated peoples thinking about crime for the next 100 years. 

CRITICISMS:

1)  Too harsh and rigid.  Did not allow for discretion on the part of judges. 
2)  Too simplistic

NEOCLASSICAL SCHOOL:

  punishment should fit the individual.

There were exceptions to the doctrine of free will and it could no longer stand alone as the sole cause of crime.

POSITIVE SCHOOL:

Advocated scientific method

Auguste Comte (1798-1857)  French philosopher.  Coined the term sociology..

ELEMENTS OF THE POSITIVE SCHOOL

1)  human behavior is function of external forces beyond the control of the individual. 
2) use of scientific method to solve problems. 

BIOLOGICAL DETERMINISM:

Giambasttista della Porta (1535-1615) Italian physician founded school of human physiognomy.  Study of facial features and their relation to human behavior.

  J.K. Lavater (1741-1801):  revived Porta's.

Franz Joseph Gall ( 1758- 1828) :  Developed the science of Phrenology: 
    Study of the shape of skulls and bumps on the head

   
Cesare Lombroso:

   ( 1835-1909) Italian doctor. Father of modern criminality. 

PREMISE:

  People are born criminal.

developed the theory of Criminal Atavism.  Atavistic Stigmata’s (physical features in an earlier stage of development)

     "Criminal Man" in 1876.

Enrico Ferri: (1856-1929) Lawyer, editor of a newspaper, member of parliament.

Raffaele Garofalo (1852-1934): Professor of law, magistrate, senator.

Crime was committed by people who lacked moral constraints. And that these deficiencies had a biological basis.

Charles Buckman Goring (1870-1919).   refuted Lombroso's ideas.

PSYCHOLOGICAL DETERMINISM:

Isaac Ray (1807-1881):  first forensic psychiatrist.   Primary contribution was his writings on  moral insanity.

SOCIOLOGICAL DETERMINISM:

Europe was experiencing a major evolution it its social structure during the 18th and early 19th centuries.

1)  Population explosion that began in 1650.    
2)  Industrial revolution was in full swing. Feudal system broke down
3) People were moving to the cities to work in the industries. 
 

L.A.J. Quetelet (Adolph). (1796- 1874) Belgium        astronomer and mathematician (first social criminologist) and

André Michael Guerry:  (1802-1866) French Lawyer: (first work in scientific criminology.

Founders of the study of moral statistics and the cartographic school of criminology

Suicide Studies:

  Three patterns emerged:

1)  Rates were very stable from year to year
.
2  Rates varied greatly from region to region.

3)  Suicide rates were steadily rising through the century.
Later studies also found that crime rates varied greatly

Gabriel Tarde: (1843-1904)  developed one of the first sociological theories of crime.

laws of imitation   People will emulate others behavior just like they would imitate how another may dress.

  Principles associated with this law

1)  Individuals imitate others in proportion to the intensity and frequency of their contacts.
2)  inferiors will imitate superiors

Emile Durkheim ( 1858-1917)  Founder of sociology in France

Crime is normal, functional and necessary.

Durkheim also coined the term Anomie.

CHICAGO SCHOOL OF SOCIOLOGY:

Robert Park (1864-1944) and Ernest Burgess ( 1886-1966) were founders of the Sociology department at the University of Chicago.  The first sociology department in the U.S.

Social Ecology:  Study of  the relationship of individuals and their social environment.  Crime is a function of where on lives as opposed to individual choice

CONSENSUS:

1. Crimes are behaviors that are harmful to society
2.  The law reflects a consensus on the values of society
3.  Law applies to everyone equally

CONFLICT VIEW

Karl Marx (1818- 1883) German philosopher

         bourgeoisie: The owners of the means of production

proletariat:   The workers

Crimes are defined by those groups who hold political, social and/or  economic power

Crime is a violation of societal rules of behavior as interpreted and expressed by a criminal legal code created by people holding social and political power. Individuals who violate these rules are subject to sanctions by state authority, social stigma and loss of status.