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The Italian school of positivist criminology. Cesare Lombroso 1835-1905. Military doctor - Psychiatrist (Hospital of Pavia) Professor, University of Turin. L’ocuomo delinquente (criminal man). Born Criminals Mesurements, animal-like physical features Darwin’s natural science theory
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Cesare Lombroso1835-1905 • Military doctor • - Psychiatrist (Hospital of Pavia) • Professor, University of Turin
L’ocuomo delinquente(criminal man) Born Criminals Mesurements, animal-like physical features Darwin’s natural science theory Punishments Evolution of thought (later editions)
Lombroso’s disciples Raffaele Garofalo Enrico Ferri
The influence of social science Franz von Liszt 1851-1919 Professor of criminal law and international law at the University of Berlin 1898-1917 Before that working at the University of Graz, Marburg and Halle
Modern school of criminal law • A social penal reform movement in the 1880’s initiated by Liszt • In the Marburg program in 1882 Liszt formulated principles of importance for the reform of the penal system, and the general view of the criminal
Principles • Punishment for individual prevention • ”Crime is the product of the characteristics of the offender at the time of the crime, and the external circumstances surrounding him at that time” • Rehabilitation, deterrence and incapacitation • Social policy measures were more effective than penal sanctions that only targeted individuals • Comprehensive penal science
Difference between social and biological approach to the penal theories • Biological theories • Criminal prerequisities of the offender • Size and structure of the brain • “monomania” • Moral insanity Social theories Criminal prerequisities of the offender • Age • Sex • Environment • Relationships • Family • Social classification
Difference between social and biological approach to the penal theories Social theories Punishment • Seclusion • Reform • Rehabilitation • Correction • Biological theories • Punishment • Seclusion • Correction
Methods of exploring the causal link between the offender and the crime Social theories Quantitaive analysis • Sex • Age • Family • Upbringing • Education • Social status
Methods of exploring the causal link between the offender and the crime Biological theories Observation • Brain – shape and size • Emotions • Free will • Other physiological propensities
Outcomes of the studies-prerequisities Social theories • Age • Sex • Location • Work refusal • Economical situation • Unrestrained sexual behaviour
Outcomes of the studies-prerequisities Biological theories • Size and shape • single pathological preoccupation • Affection of emotions and free will • Distinct physiological features