Classical & Positivist Schools of Criminological Thought
Summary
TLDRIn this insightful discussion, Dr. Jason Silva explores the classical and positivist schools of criminological thought. The classical school, emerging from the Enlightenment, posits that individuals are rational actors who weigh the costs and benefits of crime. It emphasizes deterrence through swift, certain, and proportional punishment. In contrast, the positivist school, informed by scientific methods, considers a range of biological, psychological, and sociological factors that may influence criminal behavior. It advocates for a more nuanced approach to punishment, taking into account the offender's background and motivations. This video provides a clear distinction between these two foundational perspectives on crime and punishment.
Takeaways
- 🔍 Criminology is the scientific study of criminal behavior, focusing on its causes and how to control it, whereas criminal justice is more about managing crime through punishment.
- 🏛️ The classical school of thought emerged during the Enlightenment and is associated with philosophers like Cesare Beccaria and Jeremy Bentham.
- 🧠 Classical school emphasizes rationality in crime commission, suggesting that individuals weigh the costs and benefits before committing a crime.
- ⚖️ Punishment in the classical school should be swift, certain, and proportional to the crime committed.
- 🚫 The classical school argues that punishment should be severe enough to deter crime but not so harsh as to delegitimize the law.
- 🔬 The positivist school of thought uses the scientific method to understand crime, considering internal and external factors influencing criminal behavior.
- 🧬 The biological perspective within positivism looks at how physical and genetic factors can predispose individuals to criminal behavior.
- 🌐 The psychological perspective focuses on how early childhood experiences and mental health issues can contribute to criminal tendencies.
- 🏘️ The sociological perspective examines how social factors, such as community disorganization and social learning, influence criminal behavior.
- 🤔 Positivist school suggests that punishment should consider the offender's background and the reasons behind their actions, not just the crime itself.
Q & A
What is the main difference between criminology and criminal justice?
-Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior, focusing on theories for why people engage in crime. Criminal justice, on the other hand, is more focused on crime control and addressing crime via punishment, particularly focusing on the three pillars of the criminal justice system: policing, courts, and corrections.
Who are the founding fathers of the classical school of thought in criminology?
-The classical school of thought emerged during the Enlightenment period and had two founding fathers: Cesare Beccaria and Jeremy Bentham.
What is the significance of Jeremy Bentham's preserved body at University College London?
-Jeremy Bentham's body is preserved and located at University College London as per his will, which stipulated that he be mummified so that his friends could wheel him around at parties to still enjoy his presence after his death.
What are the primary focuses of the classical school of thought?
-The classical school of thought primarily focuses on the punishment of the offense, the idea that people are rational actors who weigh the costs and benefits of committing a crime, and the argument that punishment should be swift, certain, and proportional.
How does the classical school of thought define 'swift, certain, and proportional' punishment?
-Swift punishment refers to the quick administration of justice, similar to the right to a speedy trial. Certain punishment means that people should be aware that if they commit a crime, they will be punished. Proportional punishment suggests that the punishment should fit the crime, avoiding excessive penalties that delegitimize the law.
What is the main goal of punishment according to the classical school of thought?
-The main goal of punishment according to the classical school of thought is deterrence. They believe that by advertising the potential punishments, it might enhance deterrence when people weigh the costs and benefits of engaging in crime.
What is the positivist school of thought's approach to punishment?
-The positivist school of thought focuses on punishing the offender by taking into consideration the offender's background, characteristics, and reasons for engaging in crime. It considers a multitude of internal and external factors, such as biological, psychological, and sociological components that contribute to criminal behavior.
How does the positivist school of thought use the scientific method?
-The positivist school of thought uses the scientific method to test their ideas and determine empirical evidence surrounding them. This involves coming up with a research question or hypothesis, identifying a sample, conducting an experiment, and determining whether to accept or reject the hypothesis.
What are the three subsections of the positivist school of thought?
-The three subsections of the positivist school of thought are biological, psychological, and sociological. These focus on internal and external factors contributing to criminal behavior.
Who is considered the founder of the biological subsection of the positivist school of thought?
-Cesare Lombroso is considered one of the founders of the biological subsection of the positivist school of thought. He conducted experiments attempting to prove the idea of the 'born criminal,' suggesting that certain biological features indicated a predisposition to criminal behavior.
What are some contemporary biological factors that may contribute to criminal behavior?
-Some contemporary biological factors that may contribute to criminal behavior include conditions like fetal alcohol syndrome and ADHD, which can influence impulse control and potentially increase the propensity towards criminality.
Outlines
📚 Introduction to Criminological Thought
Dr. Jason Silva introduces the video by explaining the purpose of discussing two schools of criminological thought: classical and positivist. He clarifies the difference between criminology, which is the scientific study of criminal behavior, and criminal justice, which focuses on controlling crime through punishment. The classical school, emerging during the Enlightenment, is attributed to Cesare Beccaria and Jeremy Bentham, who emphasized rationality in criminal behavior and the importance of punishment being swift, certain, and proportional. Silva also humorously notes Bentham's preserved body at University College London. The classical school's focus is on deterrence, suggesting that advertising potential punishments can influence a rational person's decision to commit crime.
🔍 The Classical School of Thought
This section delves into the classical school's view on punishment, suggesting that potential criminals weigh the costs and benefits before committing a crime. The idea is that if punishments are well-advertised, they can deter crime by influencing this cost-benefit analysis. The classical school advocates for punishments that are swift, certain, and proportional, contrasting the old notion of 'swift, certain, and severe.' Punishments should be delivered quickly to reduce the diminishing returns of deterrence over time. Certainty of punishment is emphasized to enhance deterrence, and proportionality ensures that the punishment fits the crime, avoiding the delegitimization of laws that excessive punishments could cause.
🕵️♂️ The Positivist School of Thought
The positivist school is contrasted with the classical school by focusing on the offender rather than just the offense. It considers the offender's background, characteristics, and motivations for crime. Using the example of bank robbery, the positivist approach might lead to a more lenient punishment if the robber's motives are considered, such as needing money for a child's healthcare. The positivist school employs the scientific method to test theories about crime, suggesting that criminal behavior has roots in internal and external factors beyond an individual's control. This school is divided into biological, psychological, and sociological subsections, each examining different contributing factors to criminality.
🧬 Biological and Psychological Factors in Positivism
Cesar Lombroso's work on biological factors in criminal behavior is discussed, including his flawed experiment to identify 'born criminals' through biological features. While his ideas are outdated, the section acknowledges the role of biological factors like fetal alcohol syndrome and ADHD in increasing the risk of criminality. The psychological subsection, influenced by Sigmund Freud, explores how early childhood experiences can influence criminal behavior later in life, such as the cycle of abuse. Mental illness is also considered a psychological factor that can affect a person's rationality in decision-making about crime.
🌐 Sociological Factors and the Broader View of Positivism
The sociological subsection of the positivist school, with Emile Durkheim as a foundational figure, examines external factors that contribute to criminal behavior. Social learning theory and social disorganization theory are mentioned as examples of how environmental factors can influence criminality. The summary concludes by differentiating the classical and positivist schools: the classical school focuses on rational actors and proportional punishment, while the positivist school considers a range of factors influencing criminal behavior and advocates for a more nuanced approach to punishment.
Mindmap
Keywords
💡Criminology
💡Classical School of Thought
💡Rational Actors
💡Punishment
💡Positivist School of Thought
💡Biological Factors
💡Psychological Factors
💡Sociological Factors
💡Deterrence
💡Proportionality
💡Recidivism
Highlights
Criminology is the scientific study of criminal behavior, different from criminal justice which focuses on crime control.
Classical school of thought emerged during the Enlightenment period with Cesar Beccaria and Jeremy Bentham as founding fathers.
Jeremy Bentham's body is preserved and displayed at University College London.
Classical school suggests people are rational actors who weigh the costs and benefits of committing a crime.
Punishments should be swift, certain, and proportional according to the classical school.
Swift punishment relates to the speed of the trial and sentencing process.
Punishment should be certain to enhance deterrence.
Punishment should be proportional to the crime committed.
Classical school focuses on deterrence as one of the goals of punishment.
Positivist school of thought considers the offender's background and reasons for criminal behavior.
Positivist school uses the scientific method to test theories about criminal behavior.
Criminal behavior is influenced by internal and external factors, according to the positivist school.
Biological factors, such as atavistic anomalies, were considered in the positivist school's biological subsection.
Cesare Lombroso's theory of the 'born criminal' has been largely discredited.
Psychological factors, such as childhood experiences, can influence criminality.
Sigmund Freud's theories on the unconscious mind and its impact on behavior were influential.
Sociological factors, such as social learning and disorganization, contribute to criminality.
Emile Durkheim's work on social factors influencing behavior is foundational to the sociological subsection.
Positivist school suggests considering the offender's background when punishing crime.
Transcripts
hello hello everyone dr jason silva here
and today we're going to be talking
about the two schools of criminological
thought
specifically we're going to be
discussing the distinctions between the
classical
versus the positivist schools of thought
now before we get into that it's
important to recognize sort of what
criminology is referring to
and how that differs from criminal
justice criminology refers to the
scientific study of the
nature extent causes and control
of criminal behavior in other words it's
the theories for why people engage in
crime
this is sort of a distinction from
criminal justice
which is more focused on crime control
and addressing
crime via punishment particularly
focusing on
the three pillars of the criminal
justice system policing
courts and corrections now with that in
mind let's begin with the classical
school of thought
the classical school of thought came
around during the enlightenment period
and
had two founding fathers we have cesar
baqueria
and jeremy bentham now their ideas are
often sort of blended together and at
this introductory stage
you can think of all of these ideas as
both of theirs
an interesting tidbit jeremy bentham's
body is currently located at the
university college
london when he died he has to be
mummified
so that his friends could wheel him
around at parties and still enjoy his
presence after his death
and now you can visit his body which
still stands at the university college
of london
so if you're ever in town with that said
the classical school of thought
has a few primary focuses the first one
being
punishment of the offense and this will
make a bit more sense when we get into
the distinction with the positivist
school of thought next they suggest that
people are rational actors and they
weigh the costs and benefits of
committing a crime
against the punishment that they would
receive if they were to get caught
so for example let's think of a crime
like bank robber
beccaria and bentham would argue that
before you robbed a bank you would sit
down and ponder
is this worth the potential punishment i
would receive if i were to get caught
then if you decide that the crime is
worth the potential punishment
then you would engage in said crime if
we advertise the potential punishments
of crime
then it might enhance the deterrence
when people are weighing the costs and
benefits
of engaging in crime and this connects
to our next
component of the classical school of
thought the argument that
punishment should be swift certain and
proportional
now in the past you may have heard swift
certain and severe
but this is a misconception what
beccaria and bentham suggested was that
it should be swift
certain and proportional now let's break
this down
swiftness was referring to the swiftness
within the courts
as well as in the prison system similar
to what we hold in the united states
today
the right to a speedy trial this was
rooted in the ideas of
bentham and becquerea in addition to
this they suggested that punishment
has diminishing returns depending on the
length of sentencing
so if we hold someone for five years
there's not going to be
much of a difference than holding
someone for 10 years
so punishment should be fairly swift and
the impact
will be equally as great than if it was
for an extended period of time
and we know today that the longer we
hold someone
the more likely it is that they're going
to recidivate and the more difficult it
is for them to reintegrate back into
society
in addition to this they suggested that
punishment should be certain
in other words going back to our
previous discussion the idea that
punishment needs to be advertised in
order to enhance
general or specific deterrence
so we need to ensure that people know if
they commit a certain crime
they are going to get punished if we
think back to our bank robbery example
you know that if you engage in a bank
robbery
there's a very high chance that if you
are caught you're going to receive
some form of prison time this is the
idea of
certainty of punishment next they
suggested that the punishment should be
proportional
in other words the punishment should fit
the crime
going back to the pre-enlightenment
period as discussed punishments were
excessive
and this delegitimized the society's
laws
so they suggested that in order to have
a fair system
or a fair rule of law we needed to have
proportional punishments
that match the crime that was committed
this provides a general summary of the
classical school of thought
and going back to our five goals of
punishment it's important to remember
that the classical school was often
focused on
deterrence now let's switch over and
consider the positivist school of
thought
the positivist school of thought is more
concerned with punishing the
offender in other words taking into
consideration
the offender's background
characteristics and why they may have
decided to engage in said crime
so for example going back to the bank
robbery
in the classical school of thought we
would come up with a
specific or proportional punishment for
bank robbery let's say it's five years
as long as no one got injured
now in the positivist school of thought
we would take into consideration
why this individual engaged in bank
robbery
let's say in an extreme example they
robbed a bank so they could pay for
their
child's health care which they did not
currently have the funds or the health
insurance
to take care of if you take this into
consideration
does that make you more lenient in the
punishment that you would give to this
said individual would you perhaps not
say
one year or maybe even no time perhaps
some form of
restitution or monetary fine if you
change your mind
that would be a positivist way of
thinking taking into consideration
the motivations or internal or external
factors for why people engage in crime
unlike the classical school of thought
where becquerea
and bentham were largely just
philosophers coming up with these great
ideas
in the positivist school of thought they
began to use the scientific method
to test their ideas and determine
empirical evidence surrounding them
empirical meaning fact-based rooted in
some sort of scientific experiment
that developed objective evidence
surrounding it
if you are confused about the scientific
method please refer to my other video
outlining the different stages of the
scientific method
with that said it's essentially coming
up with a research question or a
hypothesis
identifying a sample conducting an
experiment
and determining whether or not to accept
or reject
the hypothesis however this is a video
on criminology so do not get too bogged
down
on that instead it's important to
recognize that they were not just simply
coming up with these ideas but we're
actually using
scientific experiments to test them they
suggest that criminal behavior is rooted
in
internal and external factors that are
often beyond
an individual's control and this breaks
down the three subsections
of the positivist school of thought this
includes the
biological psychological and
sociological subsections of the
positivist
school of thought the biological and
psychological being the
internal factors contributing to
someone's criminal behavior
while the sociological factors being
external
contributing to someone's behaviors so
let's break this down a little more
the biological subsection of the
positivist school of thought
was essentially founded by cesar
lombroso also considered one of the
founders of criminology
now he conducted an experiment in order
to
in an attempt to prove the idea of the
born
criminal in other words you are born a
criminal it is a
biological factor that contributes to
criminal
behavior he conducted an experiment
where he went around to different
prisons
and he looked at individuals biological
features
and he argued that based on your bodily
features or your atavistic
anomalies as he referred to them these
outlier
features we could determine whether or
not someone was a born
criminal so he used the scientific
method he came up with his idea of the
born criminal he went to different
prisons and he tested it out
he measured the biological features of
numerous people within these prisons
and he determined that based on these
bodily features people were born
criminals based on these atavistic
anomalies they were born
criminals now does that still hold today
no it does not what we came to learn was
that
cesar lombroso was not ahead of his time
in terms of his
actual experiment or his findings he did
a great job of introducing the
biological subsection and the positivist
school of thought within criminology
and importantly he conducted an
experiment which was sort of a
revelation for the time
however his experiment was tremendously
flawed
in other words he did not consider a
sample group or look at individuals
outside of the prisons what he would
have found is that many of the
biological or atavistic anomalies that
he identified
in people in prisons were also features
of people
outside of prisons and actually a lot of
his ideas were rooted in racism
and essentially was suggesting that
individuals who had
caveman-like features were born
criminals
now this is not to say that all
biological components are completely
erased from criminology
although considered less often some of
the contemporary biological features
that
contribute to towards propensity towards
crime
include fetal alcohol syndrome or when
your mother drinks when she's pregnant
another example could be adhd
influencing your impulse control and
thereby
increasing your potential or propensity
towards
criminality again this is not to say
that if you have these things
you are automatically going to engage in
crime it's purely
increasing your potential risk of
engaging in crime
next we have the psychological
subsection of the positivist school of
thought
in other words are how our psychology
contributes to criminality
now the father of psychology whom i'm
sure many of you are familiar with
is sigmund freud and while we don't have
to go deep
into psychology what you should be aware
of is that freud focused primarily on
the id
or our unconscious thinking this
unconsciousness
is rooted in our childhoods so he
suggested that
between the ages of two and four things
that happened to you that you can't
really remember
get implanted in your unconsciousness or
your subconscious
and influence your behaviors later in
life one example might be
if you are abused sexually physically or
even verbally as a child
this increases your risk of engaging in
abuse as an adult
this is what we call the cycle of abuse
this is a psychological feature that
impacts you in an early age and
contributes to your propensity towards
criminality
now again this does not suggest that if
you are abused you will automatically
abuse
as an adult this simply suggests that it
increases
your risk we also consider other
psychological features connecting with
biological features for example
internal factors at large such as mental
illness varying from
severe schizophrenia to depression can
all
influence our propensity towards
criminality what we note in present day
is that 50
of people currently incarcerated suffer
from some form of mental illness
and in contrast to the classical school
of thought arguing that we are all
rational actors this suggests that
perhaps not everyone is a rational actor
who weighs the costs and benefits
when they decide to engage in crime in
other words their mental illness may be
impacting their ability to weigh these
costs and benefits
and thereby they are not rational actors
this is something that the positivist
school of thought specifically
the psychological subsection would
consider
importantly freud suggests that in order
to address this issue
one should seek out a psychologist and
this will help them get
into their unconsciousness and discover
what it is that is perhaps
influencing their propensity towards
criminality
the final subsection of the positivist
school of thought
is the sociological subsection and this
considers our
external factors or our environmental
impact on our propensity towards
criminality
now the founding father of the
sociological subsection could
essentially be considered
emile durkheim his famous book suicide
focused on the four reasons why
individuals engage in suicide in society
however within criminology the majority
of our theories
are within the sociological subsection
in other words
focusing on the external factors that
contribute towards criminality
for example when we think of social
learning theory
we argue that criminal behavior is
learned from those in our environment
particularly our family and friends
social disorganization theory offers
another
sociological or criminological theory
within the positivist
school of thought this suggests that a
disorganized community
can contribute towards a higher
propensity towards criminality
now to bring it all home it's important
to remember in easy terms the
distinction between the classical and
the positivist school of thought
is that the classical school of thought
is focused on punishing
the offense we suggest that people are
rational actors
we weigh the costs and benefits and in
order to deter crime we should have
proportional punishments that have been
advertised and when we are punishing
crime the punishment should be swift
alternatively in the positivist school
of thought they suggest that
there is a multitude of internal and
external factors
specifically biological psychological
and sociological
components that contribute towards a
propensity towards criminality
and as such we should take those into
consideration
when engaging in the punishment of crime
so not just focusing on the
offense but also focusing on the
offender's
background please comment below if you
have any questions or concerns
about the two schools of criminological
thought
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