NOTES IN CRIMINAL SOCIOLOGY

BY: Chivas Gocela Dulguime, R.C.

ha! is C"imi#olog$%
- It is a body of knowledge regarding crime as a social phenomenon. It includes within
its scope the process o& ma'i#g la(s, o& )"ea'i#g !he la( a#* !he "eac!io#
!o(a"*s !he )"a'i#g o& !he la(. The objective of Criminology is the *evelo+me#!
o& !he ge#e"al a#* ve"i&ie* +"i#ci+le and of other types of knowledge regarding
this process of law, crime and treatment. ,E*(i# Su!he"la#* a#* Do#al*
C"esse$-
ha! *oes !his *e&i#i!io# mea#%
.Develo+me#! o& a )o*$ o& ge#e"al a#* ve"i&ie* +"i#ci+les/
This means that Sutherland mandated that criminologists, like other social
scientist, collect information for study and analysis in accordance with the
research methods of modern science.
afaelle !arofalo " coined the term #Criminology$ %&''().
C"imi#olog$, C"imi#al 0us!ice a#* Devia#ce
Criminology " e*plains the etiology %origin), e*tent and nature of crime in the society.
Criminal +ustice System " refers to the study of agencies of social control that handle criminal
offenders.
- ,ngage in describing, analy-ing and e*plaining the operation of the agencies of
justice %pillars of Criminal +ustice System).
- Term criminal justice system is relatively new
- .ecame popular in &/01, with the publication of the report of the 2resident3s
Commission on 4aw ,nforcement and 5dministration of +ustice, The Challenge of
Crime in a Free Society.
- The 6nited States has well over (7 criminal justice systems
8eviance " refers to the study of behavior that departs from social norms. Included within the
broad spectrum of deviant acts are behaviors ranging from violent crimes to joining a nudist
colony.
1ISTORICAL DE2ELO3MENT O4 CRIMINOLOGY
Mi**le Ages ,5677 8 5977- " superstition and fear of satanic possession dominated thinking.
8ealing with the possessed is through burning at stake.
9icholas emy %&(1( " &(/7) " he was the :ead of the In;uisition in the <rench 2rovince of
4orraine. :e ordered the death of :77 so"ce"e"s and (i!ches through burning.
2eter .insfield " the .ishop of the !erman City of Trier, ordered the death of 9,;77 +eo+le
because of witchcraft.
&0
th
and &1
th
Century " almost &7,777 people were prosecuted in ,urope for witchcraft. The
punishments being imposed for witchcraft are= whipping, branding, maiming and e*ecution.
CLASSICAL SC1OOL O4 CRIMINOLOGY ,5<
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CENT=RY- Classical criminology is
considered to be the first formal school of criminology.
Classical criminology grew out a reaction against the barbaric system of law, punishment, and
justice that e*isted before the <rench evolution of &1'/. 6ntil that time there was no real
system of criminal justice in ,urope.
Classical criminology is associated with &'th and early &/th century reforms to the
administration of justice and the prison system. 5ssociated with authors such as Cesa"e
Becca"ia ,5>?<@5>:A-, 0e"em$ Be#!ham ,5>A<@5<?6-, Samuel Romill$ ,5>;>@5<5<-, and
others, this school brought the emerging philosophy of liberalism and u!ili!a"ia#ism to the
justice system, advocating principles of rights, fairness and due process in place of retribution,
arbitrariness and brutality.
=!ili!a"ia#ism " emphasi-ed that behavior occurs when the actor consider it useful, purposeful
and reasonable. The principle which states #the greatest happiness for the greatest number$.
Classical criminology, derived from the political philosophy of the E#ligh!e#me#!, views
criminal conduct as a matter of human nature. Specifically, criminal behavior is a matter of
freewill or choice. The ideas of classical criminology provided the foundation of the Ame"ica#
c"imi#al Bus!ice s$s!em %law enforcement, court and correction). Current versions of classical
criminology include the economic approach, rational choice, routine activities and the general
theory of crime.
E#ligh!e#me#! " this is the age of reason, the period where death penalty was abolished and
the use of prison as a form of punishment.
Basic Eleme#!s o& Classical C"imi#olog$:
&. In every society people have free will to choose criminal or lawful solutions to meet
their needs or to settle their problems.
>. Criminal solutions may be more attractive than lawful ones because they usually
re;uires less work for a greater payoff= if left unsanctioned, crime has greater utility
than conformity.
?. 5 person choice of criminal solutions may be controlled by his or her fear of
punishment.
@. The more severe, certain and swift the punishment, the better able it is control
criminal behavior.
3"i#ci+les 3"o+ose* )$ Cesa"e Becca"ia:
&. La(s shoul* )e =se* !o Mai#!ai# !he Social Co#!"ac! - #4aws are the conditions
under which men, naturally independent, united themselves in society. Aeary of
living in a continual state of war, and of enjoying a liberty, which became of little
value, from the uncertainty of its duration, they sacrificed one part of it, to enjoy the
rest in peace and security.$
>. O#l$ Legisla!o"s Shoul* C"ea!e La(s @ #The authority of making penal laws can
only reside with the legislator, who represents the whole society united by the social
compact.$
?. 0u*ges Shoul* Im+ose 3u#ishme#! O#l$ I# Acco"*a#ce i!h The La( - #9o
magistrate then %as he is one of the society), can, with justice inflict on any member
of the same society punishment that is not ordained by the laws.$
@. 0u*ges Shoul* No! I#!e"+"e! The La(s -#+udges in criminal cases, have no right to
interpret the penal laws, because they are not legislators. . .,veryman hath his own
particular point of view, and, at different times, sees the same objects in very
different lights. The spirit of the laws will then be the result of the good or bad logic of
the judge= this will depend on his good or bad digestion.$
(. 3u#ishme#! Shoul* Be Base* O# The 3leasu"eC3ai# 3"i#ci+le ,1EDONISM- -
#2leasure and pain are the only springs of actions in beings endowed with sensibility.
If an e;ual punishment be ordained for two crimes that injure society in different
degrees= there is nothing to deter men from committing the greater as often as it is
attended with greater advantage.
0. 3u#ishme#! Shoul* Be Base* O# A# Ac!, No! O# The Ac!o" @ #Crimes are only
measured by the injuries done to the society. They err, therefore, who imagine that a
crime is greater or less according to the intention of the person by whom it is
committed.$
1. 3u#ishme#! Shoul* )e 3"om+! A#* E&&ec!ive @ #The more immediate after the
commission of a crime a punishment is inflicted, the more just and useful it will
be. . .5n immediate punishment is more useful= because the smaller the interval of
time between the punishment and the crime, the stronger and more lasting will be
the association of the two ideas of crime and punishment.$
'. All 3eo+le Shoul* Be T"ea!e* EDuall$ @ .I assert that the punishment of a
nobleman should in no wise differ from that of the lowest member of society.$
/. Ca+i!al 3u#ishme#! Shoul* Be A)olishe* @ #The punishment of death is not
authori-ed by any right= for. . . no such right e*ists. . .The terrors of death make so
slight an impression, that it has not force enough to withstand the forgetfulness
natural to mankind.$
&7. The =se O& To"!u"e Shoul* Be A)olishe* - #It is confounding all relations to e*pect
. . . that pain should be the test of truth, as if truth resided in the muscles and fibers
of a wretch of torture. .y this method the robust will escape, and the feeble be
condemned.$
&&. I! Is Be!!e" !o 3"eve#! C"imes Tha# To 3u#ish Them - #Aould you prevent
crimesB 4et the laws be clear and simple, let the entire force of the nation be united
in their defense, let them be intended rather to favor every individual than any
particular classes.. .<inally, the most certain method of preventing crime is to perfect
the system of education.$
Some o& !he *e&i#i#g &ea!u"es o& !he classical school i# c"imi#olog$ i#clu*e:
5ll people are guided by free will
5ll behavior is guided by hedonism %pleasureCpain calculation)
5ll crime is the result of free will and hedonism
5ll punishment should fit the offense %e;ual treatment under law)
.ad people are nothing more than the result of bad laws
NEO CLASSICAL SC1OOL O4 CRIMINOLOGY
- This approach of penology arose at the time of the <rench revolution and the period
immediately thereafter. It maintains that while the classical school doctrine in general
is correct, it should be modified in certain details. It argues that since children and
lunatic persons cannot calculate pleasure and pain, they should not be regarded as
criminals and as such they should not be punished. The reaction to crime, therefore,
under this school is no longer punitive= punishment is imposed on some lawbreakers
but not on others.
ITALIANC3OSITI2IST SC1OOL O4 CRIMINOLOGY 8 it is a social movement that e*isted
during the mid &'77s and early &/77s.
- <ounded by Cesare 4ombroso with his two disciples= ,nrico <erri and afaelle
!arofalo
Some o& !he commo#, *e&i#i#g &ea!u"es o& !he +osi!ivis! school i# c"imi#olog$
i#clu*e:
The demand for facts, for scientific proof %determinism)
There are body and mind differences between people %of these, the mens rea, or
reasons for committing crime are important)
2unishment should fit the individual criminal, not the crime %indeterminate sentencing,
disparate sentencing, parole)
The criminal justice system should be guided by scientific e*perts %rule by scientific elite,
technocracy)
Criminals can be treated, rehabilitated, or corrected %if not, then they are incurable and
should be put to death)
Cesa"e Lom)"oso %9ovember 0, &'?( " Dctober &/, &/7/) - was the founder of the Italian
School of 2ositivist Criminology. :e rejected the established Classical School, which held that
crime was a characteristic trait of human nature and that rational choices were the foundation of
behavior. 4ombroso, using a scientific approach and concepts drawn from physiognomy, early
eugenics, psychiatry, and Social 8arwinism, argued that criminality was inherited, and that the
Eborn criminalE could be identified by physical defects, which confirmed a criminal as Esavage,E
or Eatavistic.E Ahile his particular identifying characteristics are no longer considered valid, the
idea of factors that predispose certain individuals to commit crime continues to be foundational
to work in criminology. Together with his emphasis on the scientific method, this revolutionary
approach has earned 4ombroso the title E&a!he"E o& scie#!i&ic c"imi#olog$.
Lom)"osia# Theo"$ Base* o# Biological De!e"mi#ism:
&. .orn Criminals " inherited physical problems that impelled them to a life of crime such as
repeated assault or theft related activities.
>. 5tavistic 5nomaliesCStigmata - means a real or supposed evolutionary throwback
%degeneracy), the une*pected appearance of primitive traits= a reversion, the
reappearance of a trait that had been present in a lineage in the past, but which had been
absent in intervening generations.
- The concept was much more widely used in the pre-genetic 8arwinism of ,rnst
:Fckel, who proposed a recapitulation theory commonly summed up in the phrase
that ontogeny recapitulates phylogenyG the notion that a developing embryo revisits
the previous evolutionary stages of the organism in the course of its development,
and resembles the successively more comple* organisms out of which it had
evolved.
- The notion of atavism was used fre;uently by social darwinists , who liked to claim
that inferior races displayed atavistic traits, and represented more primitive traits than
their own race. .oth the notion of atavism, and :FckelHs recapitulation theory, are
saturated with bogus notions of evolution as progress, as a march towards greater
comple*ity and superior ability, which we now know to be untenable.

Lom)"osoFs Chec'lis! o& 3h$siog#omic I#*ica!o"s
6nusually short or tall height
Small head, but large face
Small and sloping forehead
eceding hairline
Arinkles on forehead and face
4arge sinus cavities or bumpy face
4arge, protruding ears
.umps on head, particularly the
8estructiveness Center behind ear
2rotuberances %bumps) on head
4arge eye sockets
8eep, beady eyes
.eaked nose %up or down) or flat nose
Strong jaw line
<leshy lips, but thin upper lip
Iighty incisors, abnormal teeth
Small or weak chin
Thin neck
Sloping shoulders, but large chest
4ong arms
:igh cheek bones
.ushy eyebrows
2ointy, webby, snobby fingers or toes
Tattoos on body
?. Criminaloids - this refers to the mentally ill and those suffering from epilepsy. 5ccording
to 4ombrosian theory, criminogenic traits can be ac;uired through indirect heredity, from
a degenerate family whose members suffered from such ills as insanity, syphilis and
alcoholism.
@.
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CENT=RY 3OSITI2ISM
3osi!ivism @ The term EpositivismE refers to a method of analysis based on the collection
of observable scientific facts. Its aim is to e*plain and %most importantly) predict the way
facts occur in uniform patterns. 2ositivism is the basis of most natural sciences, and
positivist criminology is the application of positivist methods to the study of people.
T(o mai# eleme#!s o& 3osi!ivism:
&. The belief that human behavior is the function of internal %e*. .iological makes " upC
mental ability) and e*ternal forces %e*. Social, political, historical).
>. ,mbracing scientific methods in solving problems. The used of empirical method to test
the hypothesis.
Augus! Com!e %&1/' " &'(1) " founder of sociology, applied scientific methods in the study of
society.
- 8eveloped the idea of positivism.
S!ages o& socie!$ acco"*i#g !o Augus! Com!e:
&
st
Stage " 2rimitive society %consider inanimate object as having life= sun is a !od)
>
nd
Stage " Social Stage %rational view to the world)
?
rd
Stage " <inal Stage %scientific view of the world, known as positivist)
Cha"les Da"(i# ,5<7: 8 5<<6- " populari-ed the positivist tradition and developed ,volution
Theory %considered as the &/
th
century #Cult of Science$)
Biological 3osi!ivismCDe!e"mi#ism " the earliest scientific studies in determining human
behavior is biologically oriented.
&. :ereditary influences
<amily treesG
Jallikak family " relationship between intelligence and criminality. 5 study
conducted by :enry !oddard.
+uke family " relationship between feeblemindedness and criminality. 5
study conducted by ichard 8ugdale. Iargareth #5da$ +uke considered
as the mother of criminals.
>. .iological inferiorities
a. 2hrenology - <ran- +oseph !all %&1(' " &'>') and +ohann J. Spur-heim %&110 "
&'?>) " they are 2hrenologists, who studied the shape of the skull and bumps of the
head to determine whether these physical attributes were linked to criminal behavior.
b. 2hysiognomy - +.J. 4avater %&1@& " &'7&) a 2hysiognomist, studied the facial
features of criminals to determine whether the shape of ears, nose and eyes and the
distance between them were associated with anti " social behavior.
c. Somatotyping theory
d. Drsomatotyping theory
2hilippe 2inel " one of the founders of <rench 2sychiatry. :e claimed that some people
behave abnormally even without being mentally ill. :e coined the phrase manie sans
delire which means +s$cho+a!hic +e"so#ali!$.
.enjamine ush %&'&>) " described patients with an .i##a!e +"e!e"#a!u"al mo"al
*e+"avi!$/.
:enry Iaudsley %&'?( " &/&') " believed that insanity and criminal behavior were
strongly linked. :e stated that #Crime is a sort of outlet in which their unsound
tendencies are discharged= they would go mad if they would not criminals, and they do
not go mad because they are criminals.
Biosocial Theo"$ - the term being coined to reflect the assume link between physical and
mental traits, the social environment and behavior.
Social 3osi!ivism - scientifically study the major social changes that were taking place in
nineteenth " century society because of population e*plosion.
4O=NDATIONS O4 SOCIOLOGICAL CRIMINOLOGY: L.A.0. ,ADOL31E- G=ETELET ,5>:9@
5<>A- ,DA2ID- EMILE D=RH1EIM ,5<;<@5:5>-
&. The use of data and statistics in performing criminological research
%Kuetelet).
>. 8efine crime as normal and necessary social event %8urkheim).
A*ol+he Gue!ele! " 8eveloped the Ca"!og"a+hical School o& C"imi#olog$ together with a
<renchman 5ndre " Iichel !uerry.
- Studied the data gathered in <rance known as Comptes generaux de ladministration
de la justice in order to investigate the influence of social factors on the propensity to
commit crime such as age and se* on crime.
- 6ncovered evidence that season, climate, population composition and poverty were
related to criminality.
- Crime rates were greatest in the summer, in southern areas, among heterogeneous
populations and among the poor and uneducated.
- Studied the relationships between crime and social phenomena.
Emile Du"'heim " believed that crime is part of human nature because it has e*isted during
periods of both poverty and prosperity.
- .elieved that as long as human differences e*isted, then crime is inevitable and one
of the fundamental conditions of human life.
- 8eveloped the principle known as A#omie.
- .orrowed the word a#omie from the <rench philosopher +ean-Iarie !uyau and
used it in his book Suicide %&'/1).
- 8efined the term a#omie as a condition where social andCor moral norms are
confused, unclear, or simply not present. 8urkheim felt that this lack of norms led to
deviant behavior.% httpGCCsociologyinde*.comCanomie.htm)
- In his book #The 8ivision of 4abor in the Society$ he described the conse;uences of
the shift from a small, rural society, which he labeled #mechanical$, to the modern
#organic$ society with a large urban population, division of labor and personal
isolation.