amtl1

SCHOOL OF THOUGHT IN CRIMINOLOGY

 School of thought – refers to a group of beliefs or ideas

that supports a specific theory.

 Theory – set of statements devised to explain behavior,

events or phenomenon especially one that has been
repeatedly tested and widely accepted.
3 MAIN SCHOOL OF THOUGHT
1. Classical Criminology
2. Neoclassical Criminology
3. Positivist School
CLASSICAL CRIMINOLOGY

 The new era, ushered in by the Enlightenment thinkers, led

to the development of the classical school.

 Social reformers sought to eliminate the barbaric system

law, punishment and justice.

 There was no real system of criminal justice in Europe at

that time.

 Some crimes were specified, some were not.

 Judges had discretionary power to convict a person for an

act not even legally defined as criminal.

 Followers of this concepts argued for a more rational

approach to punishment, they stressed that the relationship
between crime and punishment should be balance and fair.

 This school of thought is based on the assumption that

individuals choose to commit crimes after weighing the
consequences of their actions.
According to classical criminologists, individuals have free
will.

 They can choose legal or illegal means to get what they

want, fear of punishments can deter them from committing
crime and society can control behavior by making punishment
greater than the pleasure of the criminal gains.

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl2

 This view was based on the prevailing philosophy of

―utilitarianism or Hedonistic Doctrine.‖

 According to this theory (Barkan, 2006), actions are

evaluated by their tendency to produce advantage, pleasure,
and happiness and to avoid or prevent mischief, pain, evil,
or un happiness.

 This theory does not give any distinction between an adult

and a minor or a mentally handicapped in as far as free
will is concerned.
Five Principles used by society in reacting to criminal
activities:

 The Principle of Rationality – human beings have free will

and the actions they undertake are the result of choice.

 The Principle of Hedonism – pleasure and pain, or reward

and punishment, are the major determinants of choice.

 The Principle of Punishment – criminal punishment is a

deterrent to unlawful behavior, and deterrence is the best
justification for punishment.

 The Human Rights Principle – society is made possible by

individuals cooperating together. Hence, society owes to
its citizen’s respect for their rights in the face of
government action.

 The Due Process Principle – an accused should be presumed

innocent until proven otherwise, and an accused should not
be subjected to punishment prior to guilt being lawfully
established.
Summary of Principles of Classical School of Thought
1. This view was based on the prevailing philosophy of the
time, namely, ―utilitarianism‖, which emphasized that
behavior occurs when the actor considers it useful,
purposeful, and reasonable.
2. Social philosophers like Beccaria and Bentham began to
rethink the prevailing concepts of law and justice.
3. They argued for an operational approach to punishment,
stressing the relationship between crimes and their
punishment should be balance and fair.

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl3

4. People have free will and choose to act in this regard.

5. Deterrence is based upon the notion of the human being as
a ―hedonist‖ who seeks pleasure and avoid pain.
6. The more swift and certain the punishment, the more
effective it is in deterring criminal behavior.
7. philosophers called for a more moderate and just approach
to penal sanctions, which could substitute for the cruel
public executions designed to frighten people into
obedience.
CESARE BONESANA MARCHESE DI BECCARIA (1738-1794), was an
Italian criminologist, jurist, philosopher, economist and
politician, who is widely considered one of the greatest
thinkers of the Age of Enlightenment.

 He published a book entitled ―On Crimes and Punishment‖ in

1764. Which presented key ideas on the abolition of torture
as a legitimate means of extracting confession.

 His book contains almost all modern penal reforms but its
greatest contribution was the foundation it laid for
subsequent changes in criminal legislation.

 His book was influential in the reforms of Penal code in

France, Russia, Prussia and it influenced the first ten
amendments in the US constitution.
Beccaria believed that:
a. people want to achieve pleasure and avoid pain.
b. crime provide some pleasure to the criminal.
c. to deter crime, he believed that one must administer
pain in an appropriate amount to counter balance the pleasure
obtained from committing the crime.
d. Famous in sayings “Let the punishment fit the crime”
Highlights of Cesare Beccaria’s Ideas regarding Crimes and
Criminal Justice System
1. Informing a human society, men and women sacrifice a
portion of their liberty so as to enjoy peace and security.
2. Punishments that go beyond the need of preserving the
public safety are in their nature unjust.

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl4

3. Criminal laws must be clear and certain. Judges must make

uniform judgments in similar crimes.
4. The law must specify the degree of evidence that will
justify the detention of an accused offender prior to his
trial.
5. Accusations must be public. False accusations should be
severely punished.
6. To torture accused offenders to obtain a confession is
inadmissible.
7. The promptitude of punishment is one of the most effective
curbs in crime.
8. The aim of punishment can only be to prevent the criminal
from committing new crimes against his countrymen, and keep
others from doing likewise. Punishments therefore, and the
method in inflicting them, should be chosen in due
proportion to the crime, so as to make the most lasting
impression on the minds of men.
9. Capital punishment is inefficacious and its place should
be substituted by life imprisonment.
10. It is better to prevent crimes than to punish them.
That is the chief purpose of all good legislation.
JEREMY BENTHAM (1748-1832) was an English philosopher, jurist,
and social reformer regarded as the founder of modern
utilitarianism. Bentham defined as the "fundamental axiom" of
his philosophy the principle that "it is the greatest happiness
of the greatest number that is the measure of right and wrong."

 He proposed ―Utilitarian Hedonism‖, which explains that

person always acts in such a way to seek pleasure and
avoid pain.
 He founded the concept of UTILITARIANISM – assumes that
all our actions are calculated in accordance with their
likelihood of bringing pleasure and pain.
 He devised the pseudo-mathematical formula called
―felicific calculus‖ which states that individuals are
human calculators who put all the factors into an
equation in order to decide whether a particular crime is
worth committing or not.

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl5

 He reasoned that in order to deter individuals from

committing crimes, the punishment or pain is must be
greater than the satisfaction or pleasure he would gain
from committing the crime.
Utilitarianism – it is a philosophy which argues that what is
right is the one that would cause the greatest good for the
greatest number of people.

 Others refer to it as the greatest happiness principle

or the principle of utility.

 From this principle, Bentham formulated the ―felicific

calculus‖.
Felicific Calculus or the ―pleasure an pain principle‖ – it is a
theory that proposes that individuals calculate the consequences
of his actions by weighing the pleasure (gain) and the pain
(suffering) he would derive from doing the action.
Deterrence – the prevention of a certain act or acts (such as
crime) through fear or punishment.
A. General Deterrence - A crime control policy that hinges
on the fear of criminal penalties. General deterrence measures,
such as long prison sentences for violent crimes, are aimed at
convincing the potential law violator that the pains associated
with crime outweigh its benefits.
B. Specific Deterrence – A crime control policy proposing
that punishment be serve enough to convince convicted offenders
never to repeat their criminal activity.
NEO CLASSICAL CRIMINOLOGY

 This theory modified the doctrine of free will by stating

that free will of men may be affected by the other
factors and crime is committed due to some compelling
reasons that prevail.
 These causes are pathology, incompetence, insanity or any
condition that will make it impossible for the individual
to exercise free will entirely.
 In the study of legal provisions, this is termed as
either mitigating or exempting circumstances.
POSITIVIST CRIMINOLOGY

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl6

 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 is 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) Auguste Comte, in full Isidore-
Auguste-Marie-François-Xavier Comte, (born January 19, 1798,
Montpellier, France—died September 5, 1857, Paris), French
philosopher known as the “Father of Sociology and of
Positivism.” Comte reinvented the French term sociologie.
 Considered the founder of positivist school and sociology.
 He applied the scientific methods in the study of society,
from where he adopted the word sociology.
 He wanted a society in which all social problems will be
solved by scientific methods and research.
 He believed that large groups of people such as society,
being a subject of scientific study, can lead to the
discovery of specific laws that would greatly help them.
THE HOLY THREE (3) OF CRIMINOLOGY
 They were called the ―unholy three‖ by the religious
leaders during the time of positivism because of their
belief in evolution as contrasted biblical interpretation
of the origin of man and woman.
 Eventually, they have been called the ―holy three of
criminology‖ because their emergence symbolized clearly
that the era of faith was over and the scientific age had
begun.
EZCHIA MARCO “CESARE” LOMBROSO (1836-1909)

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl7

 An Italian criminologist, scientist, university professor,

prison doctor and a founder of criminal anthropology.
 He was one of the largest contributors to biological
positivism and founder of the Italian School of
Criminology.
 He is recognized as the “Father of Modern Criminology” due
to his application of modern scientific methods to trace
criminal behavior. However most of his ideas are now
discredited.
 He claimed that criminals are distinguishable from non
criminals due to the presence of atavistic stigmata
(Atavistic anomalies) – the physical features of creatures
at an earlier stage of development.
 He asserted that crimes are committed by those who are born
with certain recognizable hereditary traits.
 According to his theory, criminals are usually in
possession of huge jaws and strong canine teeth, the arm
span of criminals is often greater than their height, just
like that apes who use their forearms to push themselves
along the ground.
 Other physical stigmata include deviation in head size and
shape, asymmetry of the face, excessive dimensions of the
jaw and cheekbones, eye defects and peculiarities, ears of
unusual size, nose twisted, upturned or flattened in
thieves, or aqualine or breaklike in murderers, fleshy
lips, swollen and protruding, and pouches in the cheek like
those animals of toes.
 Lombroso’s work supported the idea that the criminal was a
biologically and physically inferior person.
According to him, there are three (4) classes of criminals:
1. Born criminals – individuals with atleast five (5)
atavistic stigmata
2. Insane criminals – those who are not criminals by birth;
they become criminals as a result of some changes in their
brains which interfere with their ability to distinguish
between right and wrong.

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl8

3. Criminaloids – those with make up of an ambiguous group

that includes habitual criminals, criminals by passion and
other diverse types.
4. Pseudo- Criminals – those criminals committed a felonious
act due to self- defense.
 ATAVISM – The return of a trait or reappearance of previous
behavior after a period of absence.
 ATAVISTIC ANOMALY – physically, their resemblances on the
evolutionary scale to more primitive times where people
were savages.
Among Lombroso’s major contributions to positivist
criminology are the following:
1. Theory of atavism – 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 and scientific method
to the study of the criminal. Lombroso spent endless hours
measuring criminally insane persons and epileptics’ skulls.
3. . The development of a criminal typology. Although
Lombroso’s system of classification is considered crude and
not adopted today, he still attempted to categorize
criminals. They are as follows:
a. Born Criminals – individuals who are born with a
genetic predilection toward criminality.
b. Epileptic Criminals – criminals who commit crime
because they are affected by epilepsy.
c. Insane Criminals – those who commit crimes due to
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 distinguish between right and wrong.
d. Occasional Criminals – criminals who commit crime
due to insignificant reasons that push them to do at a
given occasion.

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl9

Lombroso also identified the various types of occasional

criminals are:
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.
(e.g., person who kill in self defense).
b. Criminaloids – 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 – are individuals who are
easily influenced by great emotions like fit of anger.
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.
CRIMINOLOGICAL CLASSIFICATION OF CRIMINALS
Based on Etiology
 Acute Criminal – one who violates a criminal law because of
the impulse or fit of passion.
 Chronic Criminal – one who commits crime in consonance with
deliberate thinking.
Based on Behavioral System

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl10

 Ordinary Criminal – the lowest form of criminal in a

criminal career.
 Organized Criminal – one who associates with other
criminals.
 Professional Criminal – one with high degree of skill in
committing crimes.
BASED ON LEGAL CLASSIFICATION
a. Habitual Delinquent – is a person who, within the period of
ten years from the date of his release or last conviction
of the crimes of serious or less serious physical injuries,
robbery, estafa, or falsification is found guilty of any of
the said crimes the third time or oftener.
b. Recidivist – is one, who at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of
thee code.
ENRICO FERRI (1856-1929) A student of Lombroso, Enrico Ferri
is the best known of Lombroso’s associates.
 He focused on the study on the influences of psychological
factors and sociological factors such as economic on
crimes.
 He believed that criminals could not be held morally
responsible because they did not choose to commit crimes
but rather were driven to commit crimes by conditions of
their lives.
 Advocated the ―Theory of Imputability and the Denial of
Free Will‖ in 1878.
 His greatest contribution was his attack on the classical
doctrine of free will, which argued that criminals should
be held morally responsible because they did not choose to
commit crimes but rather were driven to commit them by
conditions in their lives.
 He stressed out that society needed protection against
criminal acts and that it was the purpose of the criminal
law and penal policy to provide that protection.
 He claimed that strict obedience to preventive measures
based on scientific methods would eventually reduce crimes
and allow people to live together in society with less
dependence on the penal system.

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA

 amtl11

RAFAELLE GAROFALLO (1851-1934) He treated the roots of the

criminals behavior not to physical features but to their
psychology equivalent which he referred to as moral anomalies.
 Just like Lombroso and Ferri he rejected the doctrine of
free will and supported the position that the only way to
understand crime was to study it by scientific methods.

GAROFALO CLASSIFIED CRIMINALS AS:

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 and other sexual crimes.

REFERRENCE: Introduction to Criminology and Psychology of Crimes by: ARMANDO A. ALVIOLA