Schools of Thought

Schools of Thought

Background • Key Premises • Responsibility of actions • Evaluation

Classical School

Background • The "classical school" part of it is derived from the similarity in thinking between those scholars and early Greek philosophy (Aristotle, Plato, etc.) which also put forth the importance of free will. • CESARE BECCARIA (1738-1794). • It sought an emphasis on free will and human rationality. • TheClassical School was not interested in studying criminals, but rather law-making and legal processing. • Punishment is made in order to deter people from committing crime and itshould be greater than the pleasure of criminal gains

Key Premises of Classical • All people are guided by free will • All behavior is guided by hedonism (pleasure/pain calculation) • All crime is the result of free will and hedonism • All punishment should fit the offense (equal treatment under law) • Bad people are nothing more that the result of bad laws • All persons are equal before the law • People are motivated by pleasure to commit crime and avoid pain • Crime is a voluntary act • Punishment is essential • Punishment must be proportionate • Victims of crime were of no importance

Responsibility of Actions • Laws of today is classical in nature. • Individuals weigh the probabilities of present and future pleasures against thoseof present and future pain. • Hebelieved then that punishment should be just a bit in excess of the pleasures derived from an act and not any higher than that.

Evaluation • Unrealistic in unequal societies / economic conditions • Ignored the victim • Not all crime is free choice

Assignment • Give an example of action that is not done by free choice, where someone could not be held responsible? • Support your argument with a case

Social Milieu

Background • Originates in 19th century Europe with the work of the “moral statisticians” Guerry & Quetelet • Based on the regularities of the early national criminal statistics of France, Belgium & England and early statistical comparisons of class & location • Guerry (1802-1866) french lawyer who looked at the first published stats • He used shaded ecological maps to represent different crime rates in realtion to various social factors • He concluded that poverty does not directly cause crime, he saw that the wealthiest areas had the highest crime, but the lowest violent crime • Quetlet (1796-1874) Belgian mathematician – he found that some people were more prone to commit crime, young males, poor, unemployed, undereducated • Found the same as Guerry, that even though this profile committed the crimes, they committed them in wealthier areas • Foudn that increasing the education did not assist, there was a need to increase moral education (Vold.G, 2002, pp. 21-26)

Key Premises • Divided into structural and process approaches: • Structural: approach concentrates on the social structure and organization of the community (Primary Groups (family) ) it is also focuses on economic systems, social disparities, family dysfunction, social disorganization and the geographical distribution of crime. • Process Approach focuses on how individuals become criminals (socialization and learning proceses) • Based on the juridicial conception of crime • Main focus is the criminals environment • It is assumed that improved social conditions will prevent crime • The criminal and the victim are basically ignored • No concern with punishment and rehabilitation.

Responsibility of Actions • Stated to keep punishment the same as Beccaria, but the government must also look at social reforms • That there needs to be moral education in the prisons • Takes the responsibility off the offender as it is not free will

Evaluation • Positivism is the fundamental challenge to the classical doctrine of free will but avoided assuming that social regularities determined crime levels andthat these same factors determined individual offenders. • Free will existed at the individual level but was constrained & limited by society & the environment. • External factors causes crime and criminals are seen as victims of social conditions with little control • Not all people react the same to social situations (Joubert, 2007, p. 17)

Progression from Classical to Positivism • First annual stats were published in 1827 • Became clear that the crimes stats relatively the same • How could this be if there is free will? • Crime must be influenced by things larger than just free will • The stats also showed that recidivism was increasing • This started to show that crime / people were being influenced by social factors (Void, G. Bernard, T and Snipes, J. 2002. 20)

Positivism

Background • The "positivist school" was a social movement that existed during the mid 1800s and early 1900s. • The term "positivism" refers to a method of analysis based on the collection of observable scientific facts. Its aim is to explain and (most importantly) predict the way facts occur in uniform patterns. • Positivism is the basis of most natural sciences, and positivist criminology is the application of positivist methods to the study of people. • Many scholars began seeing hedonism and utilitarianism, for example, as rather oversimplified philosophies. • Positivism is the search for other, multiple factors as the cause of human behavior. • Most people believe the leading figure of positivist criminology (often called the father of criminology) was LOMBROSO (1835-1909).

Key Premises • Emphasis is on the criminal, not the crime • Human behavior is determined by Biopsychosocial factors • Crime and victimization may be prevented by medical and psychological treatment and improvement of social situation • Punishment must be proportionate to the crime and where possible linked to treatment (Joubert, 2007, p. 18)

Responsibility of Actions • Dominated crime policy for many years • As there is no such thing as free will – crime research turned to the offender not the crime • People were treated individually by means of psychotherapy, medication, improved interpersonal relationship • In addition it started to look at other biological factors (paranoid schizophrenia)

Evaluation • Started looking at biological factors • Being criticized now as crime is not reducing • Ignore the fact of why some crimes are marked as deviant and others are not • Garland (Joubert, 2007), states that it is a science for the government • Research reliability has been called into question due to the fact that it is difficult to tell the difference between criminals and non-criminals

Lombroso Lombroso maintained that there were 3 different types of criminals: 1) Born Criminals (atavistic reversions) 2) Insane Criminals (Alcoholics, imbeciles, epilepsy) 3) Criminaloids (General – lack emotional / mental ability)

http://www.murderpedia.org/male.H/h/huskey-thomas-photos.htm

Critical Criminology • Looks at the political and economic structures of discrimination and exploitation as causes of crime and the reasons why some actions are classified as crime and others not • Argument is that the acts unjustly and selectively by labeling some actions as crime and discriminating against the poor and the powerless • Apartheid • Vold, Quinney, Turk, Walton, Taylor and Young • Also known as liberal, radical, conflict • Rejects the ideas of positivism and expands the juridical crime concept by counting various forms of social bias and violation of human rights as crimes • Crime is seen as a rational and deliberate choice exercised by the offender • Question control in the hands of the government or the criminal justice system and believe that control should reside in the community

Main premises • Rejects the juridical crime concept and the traditional causes of crime seeing crime instead as a rational choice • State is selective and biased, focusing on some acts as criminal (those committed by powerless people) • Economic and political discrimination are seen as the causes of crime • Lawbreakers are the real victims because of oppression • Crime can be prevented by empowering people

Feminist Criminology • Feminist criminologists point out that neither positivist nor critical criminology explains the low crime rate among women • They take both the juridical and non-juridicial concepts of crime as their point of departure • Focus mainly on discrimination against women in the CJS • They point out hidden crimes against women (domestic violence, sexual crimes) • Considers it unjust to expect victims to protect themselves against crime • Criticised because it cannot explain the causes of inequality and the division of labour // men and women • Radical feminism criticised for its assumption that male dominance is universal • Too much attention on crimes committed on women and no enough attention on crimes committed by women

Factors found in a specific country • Economic Constraints • Low educational qualifications • Great number of firearms in circulation • Rapid Urbanisation (without necessary infrastructure) • More outgoing lifestyle • Multicultural population • High alcohol and drug abuse rates • Big population of young people • Repeat victimisation among the young

PostModern • Developed in the 1980’s especially as an outcome to Critical • Postmodern however forms its own • Integrated crime perspectives of a individualistic and voluntaristic nature are of special focus and also it is not bound to a school of thought • Questions narrow definitions of convential concepts, such as the norm, values, culture • What is a norm?? Who should determine a norm? • Points to the diverse legal and sociological definitions of crime and maintains that these constructs should be “deconstructed” and replaced with perspectives more relevant to the postmodern era

Focus is on interdisciplinary and integrated explanations for crime that incorporate the complicated interaction between a number of complex factors (sociopolitical, biological, psychological) • Examples of this are the Lifestyle and routine activity, Gottfredson) • They also look at the universal factors that might contribute to crime • Van Dijik: Lists some of the factors (Pg 22) – the more factors found in a specific country the greater the risk of victimization • Which ones were found in South Africa 10 years ago and which ones are present today. • Postmodern also concentrates on the rightist and needs of crime victims, national crime prevention strategy, transnational and community based policing, restorative justice and community based punishment

Summarised as follows: • Accepts both juridical and non-juridical • Not bound to a school • Questions narrow definitions • Rejects theories based on social class • Adopts an integrated approach to exaplin crime • Focuses on universal determinants • Victims rights are of high importance • Emphasizes transnational and community based policing

Criminology in Africa • Following facts are important • Colonial powers forced a capitalist society • European law focus is the individual while African law focuses on the community • Pre-colonial Africa focused on the victim • Reconciliation and compensation were considered crucial • Contemporary Africa focuses on two types of victims – victims of convential crime and victims of oppression • Particular identification with bereaved persons who oppose domination of the imperialism, colonialism and powerful individuals • Asuniet al : rapid urbanization, squatting as NB reasons / factors for the causation of crime • Mushangaand Kibuka hold the view that to prevent crime we need to • Compulsory education for all • Eradication of poverty • Cleaning up of the slums • Restoration of family values and norms

Criminology in South Africa • Support either positivist or critical criminology • 1st South African Criminologist was Professors Cronje and Willemse • They started to concentrate on race and crime • Many SA Criminologists now accept contemporary point of view of crime • Biological and Psychological crime theories are generally accepted – • Poverty and economic situation may differ from country to country • The following factors where set / identified through the National Crime Prevention Plan adopted on 22 May 1996

Schools of Thought