basisboek criminologie H1.docx

# Understanding criminology and criminality This section provides an overview of criminology as a scientific discipline, exploring its interdisciplinary nature, various theoretical approaches, and the complex, socially constructed definition of criminality. ## 1. Understanding criminology and criminality Criminology is the scientific study of crime, crime causation, criminal behavior, and the criminal justice system. It draws upon knowledge from various disciplines, including psychiatry, medicine, sociology, psychology, law, and anthropology. Criminologists examine crime from different perspectives, focusing on crime as a phenomenon, the offender, the victim, the role of crime within the political system, or societal reactions to crime. The discipline aims to provide context and maintain a rational perspective on crime-related information. ### 1.1 Defining criminology Edwin Sutherland, in his seminal work, defined criminology as: > "The body of knowledge regarding crime and delinquency as social phenomena. It includes within its scope the processes of making laws, breaking laws, and reacting toward the breaking of laws. These processes are three aspects of a somewhat unified sequence of interactions. Certain acts regarded as undesirable are defined by the political society as crimes. In spite of this definition, some people persist in that behavior and thus commit crimes. The political society than reacts by punishment, intervention, and prevention. This sequence of interactions is the subject matter of criminology." Stanley Cohen offered a concise definition by framing criminology around three key questions: "Why are laws made; why are they broken and what do we do about it or should we do about it?" Ronnie Lippens further elaborated on this by posing philosophical questions: "Why do the definitions of crime change over time; why are specific behaviors or even entire population groups criminalized; why do people break norms, including legal ones, and what should we do with offenders?" Despite differing backgrounds and research focuses, criminology has established itself as an independent science with its own professional associations and journals. ### 1.2 Defining criminality The definition of criminality is complex and multifaceted, influenced by the consequences of behavior for victims and society, the moral views of those in power, public opinion, and the context in which the behavior occurs. What is considered criminal can change over time. * **Decriminalization:** The removal of certain behaviors from criminal law. For example, adultery was once a criminal offense but is no longer. * **Criminalization:** The introduction of new behaviors into criminal law. For instance, rape within marriage is now a crime, and previously, there were developments regarding domestic violence and immediate house bans. The distinction between criminal and non-criminal behavior is not always clear-cut. Even with a penal code defining punishable actions, ambiguity can arise. For instance, assault (mishandeling) as defined by law can have varying interpretations regarding what constitutes such an act. #### 1.2.1 Criminality as a social construct Criminality can be viewed as a social construct, meaning it is "what we call it," based on societal agreements. * **Willem Bonger** defined criminality as a serious antisocial act to which the state consciously responds with suffering (a punishment or measure). * **Sellin** considered criminality merely one form of norm-violating behavior. * **Sutherland** introduced the concept of "societal harm" into the definition, extending it to include unethical business practices even if not explicitly criminalized by law but regulated by other legal areas. This bridged the study of white-collar crime. While many define criminality simply as behavior punishable by formal law, this definition often overlooks nuances. The researcher's societal perspective influences how they view criminalized behavior and processes of criminalization/decriminalization. ### 1.3 Historical overview of criminological thought The origins of criminology as a science can be traced back to the early nineteenth century, but philosophical inquiries into crime and punishment predate this considerably. #### 1.3.1 Ancient and Medieval Perspectives * **Plato** (427-347 BCE) discussed crime in his description of an ideal society in "The Republic." He linked poverty to crime, attributing it to societal emphasis on wealth and the struggle between the "good" and "bad" parts of an individual's personality. He also acknowledged the influence of upbringing and environment. * **Aristotle** (384-322 BCE) systematically studied law and legislation, comparing laws from 158 Greek cities to promote social harmony without altering class distinctions. * Religious texts, such as the Old and New Testaments, contain passages on crime and punishment. The principle of "an eye for an eye" (Exodus 21:23-25) is interpreted as a limitation on punishment and a move away from personal retribution towards judicial determination, with monetary compensation for damages being an early form of restorative justice. * In the Middle Ages in Europe, the Church held significant authority. The ordering of society was seen as God's will, and individuals sought escape from sin through asceticism. Medieval philosophers like **Thomas Aquinas** (1226-1274) discussed the influence of poverty on crime, even arguing for the permissibility of theft out of extreme necessity. * **Thomas More** (1478-1535), an English humanist jurist, is considered a precursor to critical criminology. He questioned the justification of state-imposed punishments when the state itself contributed to crime through oppression. He argued against excessive punishments, suggesting that addressing the root causes of crime, such as poverty and social conditions, was more effective. He also advocated for restitution through work. #### 1.3.2 The Enlightenment and the Classical School The successes of the natural sciences in the mid-seventeenth century led to the application of scientific methods to societal issues. This, coupled with the rise of commercial capitalism, fostered a critical perspective on feudal structures and paved the way for the **Classical School** of criminology during the Enlightenment. Key tenets of the Classical School: * Individuals are rational beings capable of making choices and are responsible for their actions. * Free will and rationality are central to understanding behavior. Key thinkers associated with the Classical School: * **Montesquieu** (1689-1755) emphasized the need for clear laws to guarantee individual liberty and prevent the concentration of power. He advocated for the "trias politica" (separation of powers) and argued that punishments should be proportional to the crime and that cruel punishments are ineffective. He also explored the influence of external factors, such as climate, on law and behavior. * **Rousseau** (1712-1778) identified property as a source of conflict and saw progress as a cause of societal problems. His "social contract" theory posited that legitimate authority stems from the consent of the governed, emphasizing popular sovereignty. He opposed cruel treatment of offenders. * **Beccaria** (1738-1794) is a central figure of the Classical School. In "Dei delitti e delle pene" (On Crimes and Punishments), he critiqued the arbitrary nature of criminal law and practices like torture and the death penalty. His work inspired reforms in many jurisdictions. * **Key principles from Beccaria's work:** * Laws should minimally interfere with individual liberty. * The rights of the accused must be protected. * The severity of a crime is determined by the harm caused to others. * The legislature should define crimes and prescribe penalties (**legaliteitsbeginsel** or "nulla poena sine praevia lege poenali"). * Punishments must be proportional to the offense (**proportionaliteitsbeginsel**). * Punishments should not be more severe than necessary for deterrence; excessive punishments are ineffective and can lead to more crime. * Punishments should be swift and certain to create a clear link between the act and the consequence. * The imposition of punishment should be free from corruption and prejudice. * Beccaria also advocated for the publication of laws, the abolition of torture and secret trials, the replacement of the death penalty with imprisonment, and more humane prisons. * **Bentham** (1748-1832) developed the "pleasure-pain principle" (utilitarianism), suggesting that human behavior is driven by the pursuit of pleasure and avoidance of pain. For Bentham, the law should ensure that the pain of punishment outweighs any pleasure derived from criminal activity. He emphasized three crucial elements for crime prevention: the certainty of punishment, the swiftness of its execution, and its severity. He designed the "Panopticon" prison, an architectural concept for efficient surveillance, though it was not fully realized. Following the French Revolution, the ideas of the Classical School, such as equality before the law and proportionality of punishment, were officially adopted and codified. #### 1.3.3 The Positivist School and the Milieu School At the end of the nineteenth century, the Classical School's emphasis on rational choice was challenged by the rise of **Positivism** (also known as the Italian School or bio-anthropological school). * **Cesare Lombroso** (1835-1909), an Italian physician and psychiatrist, is considered a founder of scientific criminology. He posited that criminality was innate and sought to prove this through a natural science methodology. * Lombroso's theory was influenced by **phrenology** (the study of skull shape) and **Darwin's theory of evolution**. * He conducted research on physical characteristics of prisoners and the mentally ill, concluding that criminals exhibit innate abnormalities (e.g., specific skull shapes, facial asymmetry) and that these physical traits were linked to specific behavioral tendencies. * He proposed the concept of **"atavism,"** suggesting that criminal behavior represented a regression to primitive evolutionary characteristics. **Criticism of Lombroso's work:** * Researchers like **Goring** found no significant physical differences between criminals and non-criminals. * Lombroso's theories were later nuanced by his followers, such as **Enrico Ferri**, who acknowledged social factors alongside individual and physical ones. As a reaction to the Italian School, the **Milieu School** (or French School) emerged, emphasizing the role of the social environment in shaping criminal behavior. * **Lacassagne** and **Manouvrier** argued that social milieu, upbringing, and poverty were key determinants of crime, paralleling later learning theories and critical criminology. Lacassagne famously stated, "Societies have the criminals they deserve." * The Milieu School drew inspiration from statisticians like **Adolphe Quetelet** and **Guerry**. * **Guerry** was the first to apply statistical science to crime, linking geographical differences in crime rates to poverty. * **Quetelet** analyzed crime data using mathematical techniques, developing theories about the predictability of crime patterns (e.g., seasonal influences) and factors influencing crime levels, such as education, poverty, and climate. He also noted significant differences in criminal behavior between men and women. ### 1.4 Key Concepts * **Italian School (Positivism):** Views crime as an innate characteristic, influenced by Darwinian evolution and the scientific method. Cesare Lombroso is a key figure. Later adaptations incorporated environmental factors. * **Classical School:** Emphasizes human rationality and responsibility. Advocates for codified laws, and punishments that are just, proportional, and humane. Key figures include Beccaria and Bentham. * **Milieu School (French School):** Attributes crime to influences from the social environment, such as upbringing, poverty, and social milieu. * **Trias Politica:** The separation of governmental powers into legislative, executive, and judicial branches, ensuring checks and balances. A table summarizing key differences between schools would be useful here, but the provided text does not offer a comparative table format. **Example of criminalization:** > The text mentions that bribing foreign officials by Dutch companies was criminalized in 2001, following a 1997 OECD Convention. Previously, such payments were tax-deductible. **Example of the social construction of crime:** > The text illustrates how the definition of mishandeling (assault) can be ambiguous. What constitutes assault can vary, from blows exchanged in a bar fight to a parent cuffing a child or a forceful push from someone in a hurry. This highlights that the legal definition may not perfectly align with everyday interpretations. **Example of the impact of societal conditions on crime:** > Thomas More argued that the large number of thieves in 16th-century England was not solely due to individual criminality but also to social conditions like wars that left many ex-soldiers unemployed and to poor agricultural conditions forcing farmers into vagrancy and crime. **Tip:** When defining criminology and criminality, remember that criminology is the study *of* crime, while criminality refers to the *state* of being criminal or the *nature* of criminal behavior. The latter is often a social construct. --- # Historical overview of criminological thought This section traces the evolution of criminological ideas, from ancient philosophical and religious contemplations to the foundational schools of thought that shaped the discipline. ### 2.1 Ancient and religious perspectives on crime and punishment Even before the formal emergence of criminology as a distinct scientific field, thinkers and religious texts grappled with the concepts of crime and its societal implications. #### 2.1.1 Philosophical inquiries * **Plato** (427-347 BCE), in his work "The Republic," suggested that poverty and the societal emphasis on wealth could lead to various forms of crime, such as theft. He posited a deterministic view of behavior, where the "good" or "bad" part of an individual's personality might prevail. However, he also acknowledged the role of upbringing and environment in shaping one's ability to control these internal elements, hinting at early sociological influences. His approach was largely moralistic. * **Aristotle** (384-322 BCE), a student of Plato, is noted as the first to systematically study criminal law. He compared legislation from 158 Greek cities to develop a system promoting social harmony without eradicating class differences. #### 2.1.2 Religious texts and interpretations * Religious scriptures, including the Old and New Testaments, contain numerous passages concerning crime and punishment. The principle of "an eye for an eye" (Exodus 21:23-25) is often misinterpreted as pure retribution. Jewish commentaries, such as the Talmud, suggest this was a moral limitation on punishment, akin to modern maximum sentencing, rather than a call for literal retaliation. It implied that the punishment should not exceed the harm caused, and judicial discretion in determining penalties and financial compensation for victims was emphasized, reflecting an early form of restorative justice. #### 2.1.3 Medieval thought * During the Middle Ages, the Church's authority extended into civil life, with ecclesiastical law and jurisdiction playing a significant role. Society was often viewed as divinely ordained and immutable. * **Thomas Aquinas** (1226-1274) touched upon the influence of poverty on crime and defended the idea that theft might be permissible in extreme necessity, a view echoed by later figures. * **Thomas More** (1478-1535), an English humanist jurist, is considered a precursor to critical criminology. He questioned the justification of state-imposed punishments when the state itself, through oppression and systemic injustices, might be a cause of crime. In his work "Utopia," More criticized the excessive use of the death penalty for petty crimes like theft, arguing that it did not deter crime and instead encouraged the commission of more serious offenses. He advocated for addressing the root causes of crime, such as poverty and unemployment resulting from wars and poor agricultural conditions, and proposed restitution for damages through work sentences. ### 2.2 The Enlightenment and the rise of the classical school The mid-seventeenth century saw the application of natural science methods to societal issues, coinciding with the rise of commercial capitalism and a critique of feudal structures. The Enlightenment embraced reason as the primary measure for understanding the world, paving the way for the Classical School of criminology. This school emphasized individual rationality, free will, and personal responsibility. #### 2.2.1 Key thinkers and their contributions * **Montesquieu** (1689-1755) advocated for a state that guarantees citizen liberty through clear laws and a separation of powers (the *trias politica*) to prevent the concentration of authority. Regarding crime and punishment, he argued that severe punishments were incompatible with liberty and that cruel penalties were ineffective due to habituation. He proposed that punishments should be proportionate to the offense, a principle that became known as the proportionality principle. He also explored the influence of external factors, such as climate, on law and institutions. * **Jean-Jacques Rousseau** (1712-1778) identified private property as a source of rivalry and inequality, contributing to societal problems. He is known for his social contract theory, particularly in "Du contrat social ou principes du droit politique" (1762). This theory posits that legitimate authority derives from the consent of the governed, emphasizing popular sovereignty (*volonté générale*) over the absolute will of a monarch. Rousseau also opposed the harsh treatment of criminals. * **Cesare Beccaria** (1738-1794) is a pivotal figure of the Classical School. In his influential work "Dei delitti e delle pene" (On Crimes and Punishments, 1794), he criticized arbitrary use of criminal law, torture, and the death penalty. His ideas, considered radical for their time, were even placed on the Catholic Church's Index of Forbidden Books. Voltaire provided a commentary on Beccaria's work. #### 2.2.2 Core principles of Beccaria's thought Beccaria's framework for a just and effective criminal justice system included the following principles: * **Minimal legal interference:** The law should interfere with individual liberty as little as possible. * **Protection of accused rights:** The rights of the accused must be safeguarded at all stages of the legal process. * **Damage-based offense severity:** The seriousness of a crime is determined by the harm inflicted on others. * **Legality principle:** The legislative branch must define crimes and prescribe their punishments in advance. This is encapsulated by the principle *nullum crimen, nulla poena sine praevia lege poenali* (no crime, no punishment without a prior penal law), later formalized by Paul Johann Anselm Ritter von Feuerbach. * **Proportionality:** Punishments should be proportionate to the offense and no more severe than necessary for deterrence. Excessive punishments are inefficient and can lead to increased crime. * **Swift and certain punishment:** Punishments should be executed promptly and predictably to create a clear and unavoidable link between the act and the consequence. * **Impartiality:** The imposition of punishment should be free from corruption and prejudice. Beccaria also advocated for the publication of laws, the abolition of torture and secret trials, the replacement of the death penalty with imprisonment, and more humane prison conditions. #### 2.2.3 Jeremy Bentham and utilitarianism * **Jeremy Bentham** (1748-1832) was a proponent of utilitarianism, based on the pleasure-pain principle: human behavior is driven by the pursuit of pleasure and the avoidance of pain. He believed that the legal system should ensure that the pain of punishment outweighs any pleasure or gain derived from criminal activity, but no more than necessary. * Bentham assumed that individuals rationally weigh the potential benefits of a crime against the potential costs (pain) of punishment. He emphasized the importance of the certainty of apprehension and conviction, the swiftness of punishment, and the severity of the penalty. * He was a strong advocate for imprisonment and designed the "Panopticon," a circular prison where a single guard could observe all inmates from a central tower, promoting efficiency and discipline. Bentham's idea was to keep prisoners occupied with work, vocational training, and religious instruction. He also proposed that prisons be located centrally as a visible deterrent. ### 2.3 The rise of positivism and the environmental school The late nineteenth century witnessed a challenge to the Classical School's rational choice perspective with the emergence of Positivism, also known as the Italian School or bio-anthropological school. This approach viewed criminality as innate and utilized natural science methods. #### 2.3.1 The Italian School (Positivism) * **Cesare Lombroso** (1835-1909), an Italian physician and psychiatrist, is widely regarded as a founder of scientific criminology, particularly for his focus on the individual offender. His work was influenced by phrenology (the study of skull shape to determine character) and Darwin's evolutionary theory. * Lombroso studied the physical characteristics of prisoners and the mentally ill, concluding that criminals exhibit innate biological abnormalities, such as specific skull shapes, facial asymmetry, and unusual ear or digit formations. He believed these physical traits correlated with behavioral deviations like impulsivity, high pain tolerance, laziness, vanity, and a propensity for gambling. * His theory of "atavism" posited that criminal behavior represented a regression to more primitive evolutionary stages. * **Critique of Lombroso:** Researchers like **Gorin** found no significant differences in physical characteristics between prisoners and university students. Lombroso later modified his theories, and his associate **Enrico Ferri**, in "Le crime: causes et remèdes" (1898), alongside societal factors, also included individual and physical causes of crime, leading to the biosocial school. #### 2.3.2 The Environmental (French) School * The French medical community, led by figures like **Alexandre Lacassagne** (1843-1924) and **Paul Manouvrier** (1850-1927), resisted the Italian School's deterministic biological explanations. They proposed that crime was a product of the social environment in which an individual is raised, emphasizing the influence of upbringing, poverty, and social milieu. * This perspective aligns with later learning theories and critical criminology. Lacassagne famously stated, "Societies have the criminals they deserve," a notion later adopted by critical criminologists to question why certain behaviors are labeled as criminal while others, equally antisocial, are not. #### 2.3.3 Early statistical approaches * The development of statistical methods provided new tools for understanding crime patterns. * **Adolphe Quetelet** (1796-1874), a Belgian statistician, made groundbreaking contributions by analyzing collected crime data. He explored the regularities in crime patterns and developed theories that enabled crime prediction (e.g., based on seasonal influences) and informed prevention strategies. He observed that factors like education, poverty, and climate influenced crime rates and noted significant differences in criminal behavior between men and women. * **Gabriel Tarde** (1843-1904), another French criminologist, focused on social imitation as a primary driver of criminal behavior, contrasting with Lombroso's biological determinism. * **Henry Maudsley** (1835-1918), an English psychiatrist, contributed to the understanding of the psychological factors associated with mental illness and crime. #### 2.3.4 Defining crime as a social construct The concept of crime as a social construct gained traction, meaning that "crime is what we call it," a product of societal agreements and interactions. * **Edwin Sutherland** (1883-1950) defined criminology as the study of crime and delinquency as social phenomena, encompassing the processes of law-making, law-breaking, and reactions to law-breaking. He also introduced the concept of "white-collar crime," referring to unethical or illegal behavior by individuals in positions of power and respectability, broadening the scope of criminological study beyond conventional street crime. * **Thorsten Sellin** (1896-1994) viewed crime as one form of norm-violating behavior. * **Willem Bonger** (1876-1940) defined crime as a serious antisocial act to which the state deliberately responds with suffering (punishment or sanctions). He emphasized the influence of socioeconomic conditions, particularly capitalism, on crime causation. ### 2.4 Key concepts summary * **Italian School (Positivism):** Views criminality as an innate trait, influenced by biological factors and evolutionary theory, using scientific methods. Cesare Lombroso is a key figure. * **Classical School:** Emerged during the Enlightenment, positing humans as rational beings responsible for their actions. Emphasizes codified laws, proportionate, and humane punishments. Key figures include Cesare Beccaria and Jeremy Bentham. * **Environmental School (French School):** Arises as a reaction to the Italian School, attributing criminality to social environmental factors like upbringing and poverty. * **Trias Politica:** The separation of governmental powers into legislative, executive, and judicial branches, ensuring checks and balances. Montesquieu was a proponent. --- # Foundational theories: Positivism and the environmental school This section explores the foundational theories of positivism and the environmental school, which emerged as significant developments in criminology, challenging earlier classical perspectives by focusing on either biological predispositions or social and environmental influences as the primary drivers of criminal behavior. ### 3.1 The rise of positivism (Italian school) The positivist school, also known as the Italian school or the bio-anthropological school, emerged in the late nineteenth century, directly contradicting the classical school's notion that criminals act out of rational free will. This new perspective posited that criminality is an innate, biologically determined trait, and its proponents utilized natural scientific methods to prove their assertions, prioritizing objectivity and empirical evidence over emotions or moral arguments. #### 3.1.1 Cesare Lombroso and the concept of the "born criminal" Cesare Lombroso (1835-1909), an Italian physician and psychiatrist, is widely regarded as a key founder of criminological science, particularly for his focus on the individual offender. His work built upon the principles of phrenology (the study of skull shape as an indicator of behavior) and Charles Darwin's theory of evolution. Lombroso conducted extensive research on prisoners and the mentally ill, examining their physical characteristics. He concluded that criminals exhibit innate biological abnormalities. These included specific skull shapes (small cranial capacity and a low forehead), asymmetrical faces, unusually large or small ears, and extra fingers or toes. Lombroso believed that individuals displaying these traits were also prone to behavioral deviations, such as increased restlessness, a higher pain threshold, laziness, vanity, and a predisposition to gambling. Lombroso's research involved direct observation and precise measurement of physical attributes. In his 1876 publication, *L’uomo delinquente* (The Criminal Man), he asserted that he had identified the distinguishing characteristics of criminals compared to non-criminals. His theory began with a discussion of "crime among plants," likening carnivorous plants to criminals, and then extended to the animal kingdom, where survival behaviors and competition for mates were interpreted as criminal. Ultimately, he proposed that primitive humans were inherently criminal. Lombroso explained criminal behavior in modern humans through the concept of "atavism," which he described as a regression in evolutionary development, leading to the resurgence of primitive characteristics. #### 3.1.2 Critiques of Lombroso's theory Lombroso's theories faced significant criticism regarding both their substance and methodology. A notable critique came from William George Gorin, who conducted research comparing prisoners, students from Cambridge and Oxford, and students from Aberdeen. Gorin found no significant differences between Cambridge/Oxford students and prisoners, and observed greater differences between these groups and Aberdeen students. He also found no noteworthy distinctions between London university professors and convicted criminals. Initially, Lombroso denied that morality could be relative to time and place. However, influenced by his disciple Enrico Ferri, he later modified his theory. In *Le crime: causes et remèdes* (1898), co-authored with Lombroso, Ferri acknowledged societal causes of crime alongside individual ones, following critiques from the environmental school. Ferri argued in his *Sociologie criminelle* (1884) that every crime is the result of individual, physical, and social factors, though he considered individual factors to be the most important, with the others acting upon them. This line of thought contributed to the later development of the biosocial school. #### 3.1.3 The emergence of the environmental school (French school) The French medical community strongly opposed the ideas of Lombroso and his followers. Figures like the forensic physician Alexandre Lacassagne (1843-1924) and the anthropologist Louis Manouvrier (1850-1927) spearheaded the French or "environmental" school. This school rejected the notion of the "born criminal" and instead emphasized the role of the social environment in which an individual grows up as the cause of criminal behavior. This perspective aligns with later learning theories and critical criminology. Lacassagne did not entirely dismiss individual factors but believed the positivists overemphasized them. The debate between proponents and opponents of Lombroso became so intense that at the second criminological-anthropological congress in Paris in 1889, a committee was formed to conduct a comparative study of one hundred criminals (murderers, violent offenders, and thieves) and one hundred non-criminals. However, at the subsequent congress in Brussels in 1892, Manouvrier reported that the committee had not commenced its work because the Italian scholars had failed to appear. Lacassagne famously stated, "Societies have the criminals they deserve." This statement was later linked by critical criminologists to the structure of capitalist societies and, through labeling theory, to the question of why certain behaviors are defined as criminal while others, equally or more antisocial, are not. The adherents of the environmental school drew heavily on the research of statisticians like Adolphe Quetelet, who studied regularities in crime patterns—a topic that remains highly relevant in modern criminology. #### 3.1.4 Key figures and concepts in the environmental school * **Fransman Guerry (1802-1866):** He was the first to apply statistical knowledge to the phenomenon of crime. Guerry examined the relationship between sex and age with criminality and conducted research on the geographical distribution of crime. He attributed significant geographical variations in crime rates to poverty. * **Belgian statistician Adolphe Quetelet (1796-1874):** Quetelet made groundbreaking contributions in this early phase. He analyzed collected data and government statistics using newly developed mathematical analysis techniques. One of his key concepts was the "normal distribution." Through longitudinal research, he developed theories that allowed for the prediction of crime trends (e.g., based on seasonal influences) and offered insights into crime prevention. He demonstrated that education, poverty, and climate influenced crime levels in winter and violent crimes in summer. He also identified significant differences in criminal behavior between men and women. * **Lacassagne and Manouvrier:** As mentioned, these French scholars were central to the environmental school, emphasizing social milieu, upbringing, and socioeconomic factors as key determinants of criminal behavior. ### 3.2 Contrasting schools of thought The emergence of positivism and the environmental school marked a departure from the classical school's focus on individual rationality and free will. These new perspectives introduced the idea that criminal behavior could be understood through biological predispositions or environmental and social influences. #### 3.2.1 Classical school The classical school, prominent during the Enlightenment, viewed humans as rational beings responsible for their actions. It advocated for codified laws, proportional and humane punishments, and the protection of individual rights. Key figures included Cesare Beccaria, whose work on social contract theory influenced legal reforms, and Jeremy Bentham, known for his utilitarian philosophy focused on maximizing pleasure and minimizing pain. The classical school's principles underscored the importance of legal certainty, proportionality, and deterrence. **Tip:** While the classical school emphasized free will, positivism argued for determinism, positing that criminal behavior is largely predetermined by biological factors. #### 3.2.2 Positivist school (Italian school) As detailed above, this school, spearheaded by Lombroso, posited that criminality is an innate, biological trait. It relied on natural scientific methods to identify physical characteristics associated with "born criminals." #### 3.2.3 Environmental school (French school) This school emerged as a direct reaction to the positivist school. It contended that criminal behavior is primarily shaped by the social environment, including upbringing, socioeconomic conditions, and broader societal influences. **Example:** A classical school theorist might view a theft as a rational choice made by an individual seeking personal gain. A positivist might look for biological markers or inherited traits that predisposed the individual to theft. An environmental school theorist, however, would investigate the individual's background, such as poverty, lack of educational opportunities, or exposure to criminal role models in their neighborhood, as potential causes of the theft. ### 3.3 Core concepts * **Italian school:** Also referred to as "positivism." It posits that criminality is an inherent trait, drawing upon Darwin's theory of evolution and natural scientific methods. Cesare Lombroso is its most prominent representative. While initially focused on the "born criminal," the theory was later nuanced by influences from the environmental school, allowing for its survival and the incorporation of its elements into later theories. * **Classical school:** The first structured theoretical framework concerning crime and punishment during the Enlightenment. It viewed individuals as rational decision-makers responsible for their conduct. It advocated for codified laws, and for punishments to be just, proportionate, and humane. Key exponents include Cesare Beccaria (social contract theory) and Jeremy Bentham (utilitarian philosophy). * **Environmental school:** Originating in France as a response to the Italian school, it attributes criminality to influences from the offender's social environment. Upbringing, poverty, and the social milieu are considered significant factors that can lead to criminal behavior. * **Trias politica:** The separation of governmental powers into legislative, executive, and judicial branches, with each operating within its designated domain. This concept, translated as "separation of powers," is a fundamental principle in many modern legal systems. --- ## Common mistakes to avoid - Review all topics thoroughly before exams - Pay attention to formulas and key definitions - Practice with examples provided in each section - Don't memorize without understanding the underlying concepts

| Term | Definition | |------|------------| | Criminology | The scientific study of crime and criminals, encompassing the processes of lawmaking, lawbreaking, and societal reactions to lawbreaking. It draws upon various disciplines to understand crime as a social phenomenon. | | Criminality | Behavior that is prohibited by law and punishable by the state. The definition of criminality is not fixed and can evolve over time and across different societies due to social, moral, and political influences. | | Social construct | The idea that concepts, such as criminality, are created and defined through social interaction and agreement within a society, rather than being objective realities. What is considered criminal is a product of shared understandings and societal agreements. | | Decriminalization | The process of removing or reducing the criminal penalties for certain acts. This means that behavior that was previously considered a crime is no longer subject to legal prosecution or punishment. | | Criminalization | The process by which certain behaviors or groups are defined as criminal and subjected to legal sanctions. This can involve new laws being enacted or existing laws being applied to previously unregulated conduct. | | Classical school | A school of thought in criminology that emerged during the Enlightenment, emphasizing that individuals are rational beings capable of making choices and are therefore responsible for their actions. It advocated for clear, proportional, and humane laws and punishments. | | Positivism (Italian school) | A school of thought that posits that criminal behavior is determined by biological, psychological, and social factors beyond the individual's control. It utilizes scientific methods to study offenders, often focusing on innate characteristics. | | Environmental school (French school) | A school of thought that attributes criminal behavior to environmental and social factors, such as upbringing, poverty, and the broader social milieu. It emerged as a reaction to the biological determinism of the positivist school. | | Trias politica | The principle of the separation of powers, dividing governmental authority into legislative, executive, and judicial branches, each with its own distinct functions and limitations to prevent the concentration of power. | | Utilitarianism | A philosophical approach, central to Jeremy Bentham's work, that suggests that the best action is the one that maximizes overall happiness or pleasure and minimizes pain. In criminology, it implies that laws and punishments should aim to achieve the greatest good for the greatest number. | | Pleasure-pain principle | The concept, central to utilitarian thought, that human behavior is motivated by the desire to maximize pleasure and minimize pain. Criminal justice systems, according to this principle, should ensure that the pain of punishment outweighs the pleasure derived from committing a crime. | | Legaliteitsbeginsel (Principle of legality) | The principle that no one can be punished for an act that was not defined as a crime by law before it was committed, nor can a penalty be imposed that was not prescribed by law. This is encapsulated by the maxim "nullum crimen, nulla poena sine praevia lege poenali." | | Proportionality principle | The principle that the severity of a punishment should be in proportion to the seriousness of the crime committed. Punishments should be commensurate with the harm caused and the culpability of the offender. | | Atavism | A concept, primarily associated with Cesare Lombroso, suggesting that criminal behavior is a result of a regression to primitive or ancestral traits. It implies that criminals possess inherited characteristics of earlier stages of human evolution. | | Social contract | A theory, notably developed by Rousseau, suggesting that individuals implicitly agree to form a society and government, surrendering certain freedoms in exchange for protection and order. Legitimate authority arises from the consent of the governed. |