Classical & Positivist Schools of Criminological Thought

Summary

In 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.