Evolution of Criminological Theory - Research Paper Example

?Running Head: Criminological Theory Criminological Theory I. Evolution of Criminological Theory Introduction Criminology refers to the body of knowledge that deals with crime as a social incident. It involves how laws are made, how they are broken, and how people react after the laws are broken. The processes depict a sequence of events that ought to be followed. Criminologists use different methods to study the characteristics of criminals, victims and the crimes committed. Treatment, punishment, and/or prevention of crime are the main components of criminology. Theories allow scholars to make hypotheses, which are tested through empirical research in order to come up with assumptions that make us understand the world better. Theories, which depict the causation of crime, are complex but studies from the past and present helps the researcher in understanding the behaviors among criminals. These theories are used to determine the best causes of action that can be used in order to ensure that crime is prevented from happening in our society. Traditionally, punishment was very harsh and the police used brutality when recording statements from suspects without having to understand why certain people committed certain crimes. In addition, the punishments meted out on convicts were harsh and as a result, scholars begun to study criminology in order to ensure that punishments were fair (DeMelo, 2001). Classical School Before 1789, the law system, punishment, and access to justice were barbaric. The classical school’s interest was not the study criminals but it focused on understanding the legal processes and law making. According to this school of thought, criminals knew the consequences of their actions and they even weighed the options before they engaged in any criminal activity. In addition, punishment was designed for the purposes of deterring crime and it was painful than the pleasure one got from engaging in any criminal activity. Cesare Beccaria, who was born in 1738 and died in 1794, wrote extensively about crime in the US. Beccaria and Jeremy Bentham, born 1748 and later died in 1832 led the human rights movement and free will. According to Beccaria, crime was because of bad laws but not bad people. He noted that a new criminal justice system was needed that could serve all the people equally before the law (Beccaria, 2009). The human behavior is motivated by attainment of pleasure and the ability to avoid pain. Natural law reveals actions that people should not be engaged in, but the punishments that criminals received were not deterrent in nature, but brutal. No forms of punishments that criminals receive should be used to take way a person’s happiness while in the society. This is because according to Beccaria, a person is ready to relieve a minute amount of happiness in order to live in a secure and humble environment. Men do not want to be under scrutiny at all times and they feel more independent when the scrutiny is at the minimum (Beccaria 2009). Pleasures in human beings can be described as that of skill, wealth, sense, amity, piety, and benevolence. In addition, a good name, malevolence, memory, power, relief, and expectation constitute to feelings of pleasure in a person. Pleasures can be complex or simple. People will do everything to ensure that they have pleasure as opposed to pain. Pleasures and pains are caused by certain actions, however, the amount of the pleasure or pain felt is not proportional to the causing effect. Since majority in the society look for pleasure at all times, Bentham notes that people should be given a free will to enjoy their lives as long as they do not inflict pain on others (DeMelo, 2001). On the other hand, Bentham focused on utilitarianism because he believed greatest happiness for the majority. This could not be achieved without changing the justice system because the leadership of that time was corrupt and barbaric. The people, according to Bentham measure the probabilities between future and present pleasures against future and present pains. Analyzing pleasures and pains gives the people a chance to choose whether to commit a certain crime or not. Bentham believed that the punishment meted on a criminal should be just above the pleasures the criminal attained when committing the crime, but should not be more than that (DeMelo, 2001). Positive School Positivists focus as explaining the world that we live in. Social, psychological, and biological traits determine the kind of behavior to be found in an individual. The world is deterministic in nature, which means that emphasis should be put on criminal behavior, rather than in legal issues. In addition, crime is preventable through reformation or treatment of offenders. The scholars collected data in a bid to explain why there are different types of people and the social phenomena. All human beings are in charge of their destinies. The scholars made systematic observations, which accumulated evidence in a deductive framework (DeMelo, 2001). Cesare Lombroso (1835-1909) changed the idea of rationality and free will to the determinism notion. Lombroso had two followers, Raffaele Garofalo and Enrico Ferri and they sought to explain criminal behaviors through experimentation and scientific research. Lombroso believed that a person was born with criminal traits and that one could not become a criminal because of social factors. Lombroso wanted to prove that criminals were not fully developed and had physical features resembling those of an ape -like creature. He did research on thousands of dead and live prisoners as he sought to explain his phenomenon. According to Lombroso, criminals lacked moral sense. During later years of his studies, Lombroso noted that economic and social factors played a role in crime but he acknowledged that the main cause of crime was predetermined. This school of thought has been met with severe criticisms because many scholars do not believe that crime is predetermined. It is worth noting that biological traits play a role in the criminality of a person but this should not be taken as the sole cause of some of individual’s behaviors (DeMelo, 2001). The Chicago School Larry Cohen and Marcus developed the strain theory in 1979. In their theory, they focus on the crimes’ characteristics as opposed to the traits of the offenders. In most instances, adherence to the set social norms is taken for granted, which means that antisocial and criminal behavior needs to be explained but not violations of the norms. Some situations such as the inability to achieve monetary success may push a person into trying to achieve the much-needed success through illegitimate means. The American culture puts much emphasis on monetary success and this pushes the less fortunate in the society into committing crimes as they try to achieve the American dream. In addition, classic strain theory focuses on the cultural-historical and social-structural factors in the American way of life. Strains associated with failure to access what one wants in the society has a psychological impact on that person. It is worth noting that some people will respond to failed dreams with anti-social and criminal behaviors (DeMelo, 2001). Status plays a fundamental role in the way people behave. This implies that some of the crimes that people engage in cannot be fully blamed on the person because they could have been prevented if that person had a chance of achieving the needed social status through legal means. According to Cohen and Felson, the rate of the rise of criminal activities is directly proportional to the number of appropriate targets and the unavailability of people to defend those targets. Moreover, work patterns, leisure and play, play a fundamental role in determining whether the offenders will meet at a certain place and at a given time (DeMelo, 2001). Changes in the job market, which resulted in women gaining employment has led to many homes being left unguarded as both parents, are at work while the children are in school or daycare. Growth of urban settings has led to decline in traditional neighborhoods because some people do not even know their next-door neighbors. Changes in the society resulted in social disorganization between 1960 and 1980 and this gave rise to criminal opportunities. Although crime is related to psychological, biological, economical, and social conditions, Cohen and Felson note that situational factors are very important in determining why a person committed a certain crime (DeMelo, 2001). Human behavior is defined by physical and environmental factors as opposed to personal and genetic characteristics. The community people play an essential role in the behaviors among the people. Human beings were studied while at their natural environment in order to come up with a comprehensive empirical data on behaviors. Population statistics were combined with individual cases to form the basis of most of today’s criminological theories. Scholars believed that migration to the city and urbanization was the reason behind the many problems people were facing. It was noted that most of the criminal activities were reported in the slums where majority of the unemployed people lived irrespective of their gender and age (DeMelo, 2001). Several problems emerged in the slums such as juvenile gangs, inadequate housing, and poor sanitation among other social vices. The communities were unfamiliar which resulted in people not being close. Sociologists from the University of Chicago studied the trends followed by slum dwellers who formed support gangs and groups, which emphasized on deviant values. Researchers used official data from housing or welfare records, census and crime figures to understand what was happening on the ground. In addition, the scholars used life histories, which had been studied by W. I. Thomas. The researchers established that in the city, life as superficial, friendship and family bonds were found to be weak, relationships were transitory, and people lived anonymously. This led to social disorganization because human beings are social creatures with their lives determined by the social environment they live in. Urbanization resulted in the breakdown of family and community values because the societies were made up of competing individuals (DeMelo, 2001). II. The Impact of Criminological Theory on the Criminal Justice System Classical school The aim of the classical school of thought was making law and legal processing. The classical theory is based on fact that people have the free will and they use their free will to commit or not to commit the crimes. In criminal justice, the theory suggests that an individual who breaks the law is liable for legal punishment that is equivalent to the committed crime. The classical theory has contributed a lot in shaping of the Unite State’s justice system. The United States has put many considerations on the classical school of thought since it has greatly influenced the international criminal justice systems. The theory acts as the foundation of the present justice system and the justice systems use it as a reference point in imposing judgment (Einstadter & Henry, 2006). The ideas that Baccaria used offer intellectual basis for the current independent societies and are regarded as the genesis of the legal reforms. These reforms entail ending the brutal punishment like open execution and torture. Baccaria’s ideas in the classical theory have greatly influenced the criminal justice system. This is because the current justice systems are now employing imprisonment, instead of public torture and execution. Beccaria’s renowned dissertation Dei delitti e delle has baan was a reasonable attack to the administration system that was in place. The dissertation was a weapon that was used to fight against the barbaric and inhuman activities that were being used by the former criminal justice system. This led to a remarkable change in the current justice system, since it started treating people like human beings (Einstadter & Henry, 2006). The amendment of the neoclassical idea in the former classical apparition was a display of how people behave in social agencies in industrialized societies. The classical theory has greatly influenced the human behavior in social agencies. The theory acted as a pillar in the current ideas by putting great considerations on the principles of the restricted national forms of the current legal and constitutional customs (Einstadter & Henry, 2006). This targeted the white collar and the corporate crimes more than the street crimes. The theory explains numerous crimes with economic intentions. Baccaria expressed the need for the creation of a link between the government and the criminal justice system as far as law and punishment are concerned. People living in a particular society usually sacrifice some of their freedom in order to ensure that they are safe and happy. This makes law a necessary requirement that can offer necessary guidance to the people, by prohibiting or allowing certain mannerisms. The justice systems should protect the society at personal and group levels against harm from dangerous groups or individuals (Einstadter & Henry, 2006). The classical theory was influential on the criminal justice system in the sense that, when dealing with crime and punishment, the law and the criminal justice systems have the right to ensure that all the members of the society adhere to the social contract. Another influential aspect is that the laws that were created had to guarantee the happiness of majority of the members of the society. The educated people were required to make the laws that would be profitable to the whole community, without considering their personal interest. The laws were supposed to be balanced and reasonable, thus the criminal system was called upon to think rationally when enacting the laws. The formation of a coherent criminal justice system required the formation of a proper way of punishment. Baccaria did not like the brutal punishments that the offenders received although he acknowledged the fact the government had a responsibility of punishing the offenders. This area of punishment was influential since the punishment was supposed to match with the crime (Einstadter & Henry, 2006). This would allow the criminals to appreciate the punishment and change their behaviors. The classical school required the government to punish the criminals to levels that will allow them to change their behaviors, instead of using the method that will make them become worse. The classical theory is influential to the criminal justice system concerning the rights of the offenders after they are arrested. The offenders should be imprisoned before conviction. The offenders can only be convicted if they are liable for the punishment. Suggestive questioning should be prohibited in the justice systems. After conviction by the court of law, the offenders have the right to defend themselves before they are subjected to the punishment. The offenders should not be tortured or forced to take vows in order for them to speak the truth. The criminal justice system must ensure that if the criminals with serious crimes are found guilty, they should spend more time in prison than in trial. The guilty criminal with minor crimes should spend more time in trials than in prison. This is because if the criminal with serious crimes are given more time in trials, they might be declared innocent (Einstadter & Henry, 2006). In the area of torture, the classical theory was influential to the criminal justice system. The criminals were not supposed to be tortured in order to confess their offenses. This method was considered as inappropriate since those individual who were innocent and could not cope with the punishment, were forced to confess the crimes that they had not committed. The guilty and strong individuals who would withstand the torture would be declared innocent. Torture also makes innocent people to suffer unnecessarily for the crimes that they have not committed (Einstadter & Henry, 2006). The justice system is not supposed to consider the confessions made by a criminal after being tortured since it leads to inaccurate judgment. Positivist school In criminology, the positivist school postulates that people lack the free will, but biological, psychological and sociological aspects determine their characteristics (William, 2004). The positivist theory has influenced the criminal justice system in the fight against criminal activities through eradication of factors that contribute to crime. The theory asserts that several factors make individuals to commit criminal activities. These factors include poverty, education level, Psychological and psychiatric factors, just to mention a few. This has enabled the criminal justice system to ensure that the criminals undertake the necessary test before they are tried. This has led to a drastic decline in criminal offenses. The courts are now using the conditions of the criminal in the administration of the punishment instead of considering the crime. This argument is in agreement with the classical theory. The execution of this strategy assists the criminal justice systems in rehabilitation of the offenders instead of just imposing punishment (William, 2004). The influence of the positivist theory to the criminal justice system is displayed in the area of education. According to the school of thought, an increase in the level of education leads to a decrease in the ability of an individual to take part in criminal activities. This has enabled the government to put up the rules that require the citizens to go to school. This undertaking has a positive impact to the entire nation, since it will ensure that people are occupied throughout the day, so that they lack time to plan for criminal activities. Through acquisition of knowledge, people will be able to understand the bad effects of participating in criminal activities, and avoid the vices. People will also gain knowledge and skills that will assist them in acquiring employment; thus, having enough money to cater for their needs. This will lead to improved living standards that will boost national development. In case an educated person takes part in a criminal activity, it will be easier for him or her to realize the mistake and accept the punishment (William, 2004). Crime is also associated with other factors like the age, gender, climate, and socio economic status of the criminals. The male youths have a very high affinity of committing criminal activities than females. The poor and the unemployed people are involved in criminal activities more than the rich and the employed. The positivist school of thought also postulates that the economic situation of a country also affects the level of criminal activities. When the economic status of a country flourishes, the criminal activities decrease. This implies that the criminal justice system can use the scientific laws in eradication of crime in the society (William, 2004). Chicago School The Chicago school of thought links the environment to the ability of an individual to participate in criminal activities. The School of thought influences the criminal justice system through identification of areas where the criminal activities are more prevalent. According to the members of the Chicago School, many criminal activities take place in slums where there is social disorganization. Many of the slum dwellers regardless of their age and sex participate in criminal activities. This has assisted the justice system in putting more security agents in these areas (Gaines & Miller, 2012). The criminal and justice system should concentrate more in these regions in order to reduce criminal activities. The school has also influenced the criminal and justice system by enabling it to use the background information of the offenders. In this theory, human beings are regarded as social creatures that are influenced by the social environment. The social environment offers morals and definitions that control the character of an individual. Urbanization and industrialization has led to the emergence of different patterns of living. It has led to the separation of the rich from the poor based on their places of residence (Gaines & Miller, 2012). This has led to competition whereby the only way the poor can compete with the rich is through criminal undertakings like robbery. The criminal justice system therefore must ensure that it offers the necessary security to the rich; by ensuring that they do not lose their property or even their lives. The justice system accomplishes this by according the necessary punishment to the offenders. Criminal activities are more prevalent in urban areas than in rural areas, this makes it easier for the criminal and justice systems to deal with the criminal activities. They are required to set up proper goals, and morals in urban areas due to the social disorganization (Gaines & Miller, 2012). Conclusion Criminological theories are very important to the criminal justice system. The theories allow scholars to make hypotheses, which are tested through empirical research in order to come up with assumptions that make us understand the world better. Traditionally, the police used very brutal methods in dealing with the criminals. This made scholars to study criminology in order to ensure that punishments to the offenders were fair and to lower the prevalence of criminal activities. References Beccaria, C. (2009). On Crimes and Punishments. New Jersey: Transaction Publishers. Bentham, J. (1961). An Introduction to the Principles of Morals and Legislation, Parts 1-5. New York: Forgotten Books. DeMelo, D. M.. (2001). Criminological Theory. Retrieved 03 Aug. 2012 from http://www.umsl.edu/~keelr/200/Diane_Demelo/diane.pdf Durrant, R. & Ward, T. (2012). The Role of Evolutionary Explanations in Criminology." Journal of Theoretical and Philosophical Criminology, 4(1): 1-37. Einstadter, W. J., & Henry, S. (2006). Criminological theory: An analysis of its underlying assumptions. Lanham, Md: Rowman & Littlefield. Gaines, L. K., & Miller, R. L. R. (2012). Criminal justice in action. Belmont, CA: Wadsworth Cengage Learning. William, B. B., (2004). Criminal Justice in America: A Critical Vie. Boston: Allyn and Bacon. 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