Theories of Criminology PDF

Chapter 2
Schools ( theories ) of criminology

Introduction :- What is Theory?
Definitions of the theory
Vold, Bernard, and Snipes defined it as :an explanation a sensible relating of some particular
phenomenon to the whole field of knowledge
On other hand Bohm defined it as makes statements about the
relationship between two classes of phenomena
Williams and McShane defined it as generalizations of a sort;
explains how two or more events are related .
According to Shoemaker the theory is :
a systematic collection of concepts and statements purporting to
explain behavior .
And according to Hoover the theory is a set of related
propositions that suggest why events occur.
We can define theory as "Statement of a relationship between two or
more propositions and concepts . which explains and/or predicts some
behavior ".
Introduction to Theories of criminology :
There are many "theories" of criminology suggested by many
writers. It would not be practical to list them all. a few only that
have received some support.
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The almost prominent schools of criminology Were :

The Classical School, "which began about 1755 to 1764" after
Beccaria (1738-94) published his famous Essay on Crimes and
Punishments; Along with Beccaria, the thinkers of the Classical
School were Rousseau, Montesquieu, Voltaire, Jeremy Bentham,
William Blackstone, Samuel Romilly, and others.
The Positive School, " which began after the publication of
Lombroso's L'uomo Delinquente (The Criminal Man) in (1896-97).
Along with Lombroso, the thinkers of the Positive School were
Enrico Ferri (1856-1928), Rafaele Garofalo (1852-34), and others.
The Social Schools which began in 1889, after Colayanni published
his famous Essay .
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_____________
(1) Franklin P. Williams III and Marilyn D McShane , Criminological theory , A Paramount
Communications Company , New Jersey , U.S.A , 1994 , pp:68-72 .
- Hugh D. Barlow , Introduction to Criminology , Scott , Foresmax / Little , Browx Higher
Edvcatiox, London . England Fifth Edition ,1995 , pp:213 217 .
- Clive R. Hollin , Criminal Behavior (A Psychological Approach to Explanation and
Prevention) , The Falmer Press , London , 1992, pp:143-149.
- John Hagan , Crime and criminal behavior and its control , McGraw-Hill Book Company ,
Singapore, 1987 , pp:156- 162 .
- Sue Titus Reid, Crime and Criminology , Holt, Rinehart and Winston , U, S A , 1990 .
- Donald J. Shoemaker ,Theories of Delinquency - An Examination of Explanations of
Delinquent Behavior , Oxford University Press , London , 1990 , pp:113-125 .
- Clayton A. Hartjen , Crime and Criminalization , Holt Rinehart and Winston /Praeger, U S A ,
1978 , pp:32-34 .
Vernon fox , Introduction to criminology , Prince hall inc. , U.S.A ,1986 , pp:78-83.
Schools of Criminology
Methods of origin
Content of explanation
Date
school
Armchair
Hedonism (1)
1765
ClassicalNeoclassical
Maps, statistics
Ecology , culture, composition of

population
1830
Cartographic
Statistics
Economic determinism
1850
Socialist Typological
Clinical, statistics
Morphological type, born Criminal
1875
Lombrosian
(positive school)
Clinical , tests, statistics
"Feeblemindedness"
1905
Mental testers
Clinical, statistics
Psychopathy
1905
Psychiatric
Clinical, statistics, fieldwork .
Groups and social processes
1915
Sociological and social

psychological
________________
(1) Edwin H. Sutherland and Donald R. Cressey, Criminology, 10th ed. (Philadelphia: J. B.
Lippincott Company, 1974, p. 55.
- Franklin P. Williams and Marilyn D Mcshane ,Criminological theory , Prentice-Hall, Inc.,
1994 ,pp:134 136 .
- Franklin P. Williams III and Marilyn D McShane , Criminological theory , A Paramount
Communications Company , New Jersey , U.S.A , 1994 ,pp: 30 -95 .
- Donald J. Shoemaker ,Theories of Delinquency - An Examination of Explanations of
Delinquent Behavior , Oxford University Press , London , 1990 , pp :28 78 .
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Classical School
(Classical Theory)
This view is premised upon the writings of Rousseau (1712-1778)
the author of The Social Contract.
Along with Beccaria, the thinkers of the Classical School were
Rousseau, Montesquieu, Voltaire, Jeremy Bentham, William
Blackstone, Samuel Romilly, and others.
This theory gave interest to emphasized the hedonistic, pleasureseeking , and pain-avoiding as a purpose of human behavior , and
supported the concept of free will .
A classical view assumes that citizens are very rational and logical.
The Classical School of criminology was so called because it was
the first relatively adequate form or system of thinking in the area of
criminology, just as Greek, and Latin are called the classical
languages because they were the first to communicate adequately in
modern abstract thinking. The reaction was against the many
vagaries and inconsistencies in the existing practices in criminal
justice; judges could introduce personal biases into the evolving
process of justice. The results were manifest in harsh punishments
that reflected vengeance rather than equitable justice.
In fact they anticipated many of the most important reforms in
criminal law that have occurred since that time, including the
general understanding that crimes represent injuries to society as
much or more than to the individuals who experience them .
In the classical view the punishment should fit the crime, being no
more nor less severe than was necessary to deter the criminal and
prevent the crime.
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The assumption made was that criminal behavior was essentially a

rational act, chosen because of a calculation made of the relative
risks and gains involved. The tariff of penalties should be adjusted
so as to make the risk unacceptable but should not go further and
extend to the infliction of the unnecessary suffering.
So the classical theory concepts:
- The criminal commit his criminal behavior to obtain a benefit
( seeking pleasure or avoiding pain ) .
- A classical view assumes that citizens are very rational and
logical.
- equal punishments for similar crimes.
- The classical thinkers advocate of the developing the motto,
"Let the punishment fit the crime."
- The punishment should fit the crime, not more not less the
necessity of deterrence (special deterrence general deterrence -)
- the human being have the same free will , which give him
totally opportunity to choose between good and bad .
________________
(1) Edwin H. Sutherland and Donald R. Cressey, Criminology, 10th ed. (Philadelphia:
J. B. Lippincott Company, 1974, p. 55.
- Franklin P. Williams and Marilyn D Mcshane ,Criminological theory , PrenticeHall, Inc., 1994 ,pp:134 136 .
- Donald J. Shoemaker ,Theories of Delinquency - An Examination of Explanations
of Delinquent Behavior , Oxford University Press , London , 1990 , pp :28 78 .
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The thinkers (pioneers) of the classical school

We will discuss these ideas as they were expressed by two of
classical thinkers, Cesare Beccaria and Jeremy Bentham .
Cesare Beccaria
Was the leader of the classical school , he born in Milan, Italy, on

March 15, 1738 and died in 1794 when he aged (56).
Cesare Beccaria , was an undistinguished student, and his interest in
issues of crime was transient .
So the position that he had been achieved in the history of
criminology was unexpected.
Nonetheless, he was a man who expressed his ideas clearly, and
they were ideas whose time clearly had come.
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Beccaria produced only the one major work, which was, however,
a great impetus to the penal reform movement and served as a basis
for the alteration of penal practices.(in 1764) when Beccaria was
aged 26 years , he published his only book, its title Dei Delitti e
delle Pene (On Crimes and Punishments).
Beccaria wrote in a time when the criminal law and its

enforcement were, in a word, barbarous. Secret accusations, brutal
executions, torture, arbitrary and inconsistent punishments, and
class-linked disparities in punishments were the order of the day.
Beccaria was not alone in his objections to these practices, and it is
doubtful that he ever would have rallied fellow thinkers against
them were it not for the fact that he came into the company of a
group called the "Academy of Fists."
This group was concerned with a variety of social problems of the
day, and Beccaria took it as his contribution to learn and write about
the problems of crime and its punishment.
The resulting book, Dei Delitti e delle Pene (On Crimes and
Punishments), was originally published (in 1764) anonymously,
when Beccaria was only 26 years of age. Although he wrote little
else of significance, this work was an immediate success, with
profound consequences .
His major contribution was the concept that the punishment
should fit the crime. That idea was essentially the theme of the
classical school of thought. (1)
Beccaria's treatise was not entirely original, for many, of the ideas
were merely syntheses of ideas already expressed by others.
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__________________
(1) Cesare Beccaria, On Crimes and Punishments, trans. Henry Paolucci (Indianapolis:
Bobbs-Mer-rill, 1963, pp. ix-xxxiii.
- Bowers, William, and Glenn Pierce , The illusion of deterrence in Isaac Ehrlich's
research in capital punishment." Yale Law Journal 85(2), 1975 , pp : 187-208.
- Chiricos, Theodore G., and Gordon P. Waldo , "Punishment and crime: An examination of some empirical evidence." Social Problems , 1970 ,pp: 200-217.
- Finckenauer , James O. , "Public support for the death penalty: Retribution as just
deserts or retribution as revenge?" Justice Quarterly , 1988 , pp: 81-100.
- Grasmick, Harold G., Robert J. Bursik, Jr., and Bruce J. Arneklev , "Reduction in
drunk driving as a response to increased threats of shame, embarrassment, and legal
sanctions." Criminology , 1993 , pp: 41-67.
But it was widely received "because it constituted the first

successful attempt to present a consistent and logically constructed
penological system, a system to be substituted for the confusing,
uncertain, abusive and inhuman practices inherent in the criminal
law and penal system of his world.
The work was also widely accepted because many people in
Europe were ready to hear and to implement the kinds of changes
Beccaria proposed .
Beccaria's work is extremely important today. "It is not an
exaggeration to regard Beccaria's work as being of primary
importance in paving the way for penal reform for approximately
the last two centuries.
His short essay contains almost all of the modern penal reforms.
But the greatest contribution of the work was "the foundation it laid
for subsequent changes in criminal legislation.
Social Contract Doctrine At the time Beccaria was writing, many
philosophers and intellectuals were beginning to speak of the social
contract. This concept held that an individual was bound to society
only by his or her consent and therefore made society responsible to
the individual as well as the reverse.
Beccaria believed in the concept of the social contact and felt that
each individual surrendered only enough liberty to the state to make
the society viable. Laws therefore should merely be the necessary
conditions of the social contract, and punishments should exist only
to defend the total sacrificed liberties against the usurpation of those
liberties by other individuals. The basic principle that should guide
legislation and indeed form its backbone is that of the greatest
happiness to be shared by the greatest number of people. .(1)
__________________
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Philosophy of Free will was the other philosophy that Beccaria was
influenced by. It was argued that behavior was purposive and that it
was based on hedonism, the pleasurepain principle; human
beings chose those actions that would give pleasure and avoided
those that would bring pain.
Therefore punishment should be assigned to each crime in a degree
that would result in more pain than pleasure for those who
committed the forbidden act. This hedonistic view of conduct
implied that the laws must be clearly written and not open to
interpretation by judges.
Only the legislature could specify punishment The law must apply
equally to all citizens; no defenses to criminal acts were permitted.
The issue in court was whether a person committed the act; if so, a
particular penalty prescribed by law for that act would be imposed.
The state makes the laws but should not be granted the power to
decide who violates the law; that must be done by a third party, the
judge or a group of the defendant's peers. Judges were to become
mere instruments of the law, allowed only to determine innocence
or guilt and thereafter prescribe the set punishment The law became
rigid, structured, and impartial.
As Beccaria's philosophy "let the punishment fit the crime"
became operative, the scales of justice became untapped with
personal prejudices and indeed became blind.
In terms of this cultural conception of crime, Beccaria's most
important contribution was to consider crime as an injury to society.
It was the injury to society, rather than to the immediate
individual(s) who experienced it, that was to direct and determine
the degree of punishment. Behind this thinking was the utilitarian
assumption that all social action should be guided by the goal of
achieving "the greatest happiness for the greatest number."
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From this view point, the punishment of an individual for a crime

was justified, and justifiable only, for its contribution to the
prevention of future infringements on the happiness and well-being
of others. While in today's world these ideas may seem common
enough, their implications for the world of Beccaria were dramatic.
For one thing, Beccaria reasoned that certain and quick, rather than
severe, punishments would best accomplish the above goals.
Indeed,he argued that "in order for punishment not to be ... an act of
violence of one or many against a private citizen, it must be ...
public, prompt, the least possible in the given circumstances,
proportionate to the crimes, [and] dictated by the laws." .(1)
This meant that torture, execution, and other barbarities must be
abolished; in their place, there were to be quick and certain trials
and, in the case of convictions, carefully calculated punishments.
Beccaria went beyond this to propose that accused persons be
treated humanely before trial, with every right and facility extended
to enable them to bring evidence in their own behalf.
The significance of this is that in Beccaria's day accused and
convicted persons were detained in the same institutions, and
subjected to the same inhumane punishments. In place of this,
Beccaria argued for swift and sure punishments, to be imposed on
only those found guilty, with the punishments determined strictly in
accordance with the damage to society caused by the crime.
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__________________
- Finckenauer , James O. , "Public support for the death penalty: Retribution as just
deserts or retribution as revenge?" Justice Quarterly , 1988 , pp: 81-100.
As well, he argued that cruel laws could promote crime by

diminishing the human spirit. What was needed, argued Beccaria,
was a careful matching of the crime and its punishment, in keeping
with the general interests of society. The classical thinker we
consider next, Jeremy Bentham, went beyond this in attempting to
create a "calculus" for realizing these interests.
He saw two forms of deterrence: a specific or individual form, and a
general or societal form. Specific deterrence applied to the
individual who committed an offense. The idea was to apply just
enough pain to ; offset the amount of pleasure gained from the
offense.
In fact, many suggested that punishments should be restricted to the
same degree of pain as the degree of pleasure gained from the
offense.(1)
_________________
(1)Hugh D. Barlow,Introduction to Criminology , Scott , Foresmax Little , Browx
Higher Edvcatiox , London . England Fifth Edition ,1995 ,pp : 124-127
- Clive R. Hollin , Criminal Behavior ( A Psychological Approach to Explanation and
Prevention), The Falmer Press , London , 1992, pp : 224-223 ..
- John Hagan , Crime and criminal behavior and its control , McGraw-Hill Book
Company, Singapore, 1987 , pp : 194-205 .
- Sue Titus Reid, Crime and Criminology , Holt, Rinehart and Winston ,U, S A, 1990,
pp : 354-355 .
Donald J. Shoemaker ,Theories of Delinquency - An Examination of Explanations of
Delinquent Behavior , Oxford University Press , London , 1990, pp : 114-117 .
- Clayton A. Hartjen , Crime and Criminalization , Holt Rinehart and Winston Praeger
, U S A , 1978 , pp : 24-27 .
- K.I. Vibhute , Criminal Justice , Eastern Book company Lucknow, India , 1984 ,
pp : 45-77 .
-Vernon fox , Introduction to criminology , Prince hall inc. , U.S.A .1986 , pp : 44-47.
- Nathan Glazer , Public Interest on crime and punishment , University Press of
America , U.S.A, 1984, pp : 64-67 .
- Nathaniel J. Pallone & James J. Hennessy , Criminal Behavior (A Process
Psychology Analyses) Transaction Publishers , New Brunswick (U.S.A.) and London
(U.K.) , 1992, pp : 74-88 .
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Jeremy Bentham
Jeremy Bentham was the second major figure in the classical school
of criminology. he suffered from retarded physical growth during
his early years, that he had "the colossal temerity to attempt to
catalogue and to label all varieties of human behavior and the
motivations giving rise to them, and that he is said to have formed a
close relationship with only one woman in his life, to whom he
proposed marriage at the age of 57 .
Bentham began with Beccaria's concern for achieving "the
greatest happiness of the greatest number." His interest was in
giving precision to this idea, in part, through a pseudo mathematical
concept he called "felicity calculus." This "calculus" was intended
as a means of estimating the goodness or badness of acts. Although
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not taken seriously today, these efforts were important in that they
encouraged Bentham and other reformers to make explicit the
intended logic of the criminal law and its enforcement. At this time,
the law remained not only barbarous but also highly disorganized
and contradictory, Against this, Bentham meant to make the law an
efficient, indeed economical, means of preventing crime. (1)
Like Beccaria, Bentham insisted that prevention was the only
justifiable purpose of punishment, and furthermore that punishment
was too "expensive" when it produced more evil than good, or when
try same good could be obtained at the "price" of less suffering. His
recommendation was that penalties be fixed so as to impose an
amount of pain in excess of the pleasure that might be derived from
the criminal act. It was this calculation of pain compared to pleasure
that Bentham believed would deter crime ,these ideas were
formulated most clearly in his Introduction to the Principles of
Morals and Legislation, first published in 1789.
It was part of the contradictions of Bentham's character that he was
at least as calculating as he was humane. For example, Bentham
argued that capital punishment should be restricted to offenses
"which in the highest degree shock the public feeling." He went on
to argue that if the hanging of a man's effigy could produce the
same preventive effect as the hanging of the man himself, it would
be a folly and a cruelty not to do so (Radzinowicz, 1948).
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____________
(1) Dinwtody, JOHN R , New York: Oxford University Press , 1989,pp :28 48 .
Geis, Gilbert , "Jeremy Bentham," Journal of Criminal Law, Criminology, and Police
Science , 1955, pp: 159-171.
Newman, Graeme, and Pietro Marongiu ,"Penological reform and the myth of
Beccaria." Criminology , 1990 , pp: 325-346.
Hart, H. L. A, Essays on Bentham. Oxford: Clarendon Press, 1982 , pp:112-135.
Mack, Mary P. , Jeremy Bentham. New York: Columbia University Press, 1963 ,
pp:134 -136 .
- Phillipson, coleman ,Three Criminal Law Reformers: Beccaria, Bentham and
Romilly. Montclair, NJ: Patterson Smith, 1974 , pp: 119-126 .
- Donald J. Shoemaker ,op.cit , pp :28 78 .
- Naess, Siri. "Comparing Theories of Criminogenesis." Journal of Research in Crime
and Delinquency 1 (July 1964), pp: 171-180.
However, he also suggested, with his penchant for calculation, that

capital punishments might nonetheless be used to maximum effect
as follows:
A scaffold painted black, the livery of grief the officers of justice
dressed in crepe the executioner covered with a mask, which would
serve at once to augment the terror of his appearance, and to shield
him from ill-founded indignation emblems of his crime placed
above the head of the criminal, to the end that the witnesses of his
sufferings may know for what crimes he undergoes them:
these might form a part of the principal decorations of these legal
tragedies.
Whilst all the actors in this terrible drama might move in solemn
procession serious and religious music preparing the hearts of the
spectators for the important lesson they were about to receive. . . .
The judges need not consider it beneath their dignity to preside over
this public scene .
Bentham also had unusual ideas about imprisonment, an idea that
was then in its infancy. He spent much of his life trying to convince
authorities that an institution of his design, called the "Panoptic on
prison," would solve the problems of correction. (1)
_______________
(1) Franklin P. Williams and Marilyn D McShane , Criminological theory , PrenticeHall, Inc., 1994 ,p : 19-56 . Sue Titus Reid ,op. cit , PP : 92-93 .
- Brier, S. S., and Steven E. Feinberg "Recent econometric modeling of crime and
punishment: Support for the deterrence hypothesis?" Evaluation Review ,1980,
pp : 147-191.
- Decker, Scott H., Richard Wright, and Robert Logie , "Perceptual deterrence among
active residential burglars: A research note." Criminology , 1993 ,pp: 135147.
- Young, David , "Cesare Beccaria: Utilitarian or retributivist." Journal of Criminal
Justice, 1983 , pp : 317-326. Sue Titus Reid ,op. cit , PP : 92-93 .
- Rudoff, Alvin. "The Soaring Crime Rate: An Etiological View." Journal of Criminal
Law, Criminology, and Police Science (December 1971), 543547.
-Dreher, Robert H. "Origin, Development, and Present Status of Insanity as a Defense
to Criminal Responsibility in the Common Law." Journal of History of Behavioral
Sciences 3 (January 1967), pp:47-57.
-Eysenck, H. J. Crime and Personality. Boston: Houghton Mifflin, 1964, pp :89 95 .
- Ferri, Enrico. Criminal Sociology. Trans, by J. I. Kelly and John Lisle. Boston: Little, Brown, 1917, pp :76 78 .
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Architecturally, the Panoptic on was to be a circular building with

a glass roof and containing cells on every story of the circumference. It was to be so arranged that every cell could be visible from a
central point. The omniscient prison inspector would be kept from
the sight of the prisoners by a system of "blinds unless . . . he thinks
fit to show himself .
The suggested administration of this Utopian prison is a further
illustration of Bentham's utilitarian style of thought. The central
figure in the prison was to be a manager who would employ the
inmates in contract labor. The manager was to receive a share of the
money earned by the inmates, but he was to be financially liable if
inmates who were later released reoffended, or if an excessive
number of inmates died during imprisonment. For Bentham,
calculation was always the key to successful control. (1)
Other of Bentham's ideas have fared better. He argued strongly
for the establishment of the office of public prosecutor, and he
furthered the notion that crimes are committed against society rather
than against individuals.
_______________
(1) Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation.
Corrected ed. Oxford, Eng.: Clarendon Press, 1923, pp :56 78 .
-Biggs, John Jr. The Guilty Mind: Psychiatry and the Law of Homicide. Baltimore,
Md.: Johns Hopkins Press, 1955, pp :22 34 .
-Dreher, Robert H. "Origin, Development, and Present Status of Insanity as a Defense
to Criminal Responsibility in the Common Law." Journal of History of Behavioral
Sciences 3 (January 1967), pp:47-57.
-Eysenck, H. J. Crime and Personality. Boston: Houghton Mifflin, 1964, pp :89 95 .
- Ferri, Enrico. Criminal Sociology. Trans, by J. I. Kelly and John Lisle. Boston: Little, Brown, 1917, pp :76 78 .
- Maestro, Marcello T. , Voltaire and Beccaria as Reformers of Criminal Law.
NewYork: Columbia University Press. 1973 , pp :125 128 .
- McDowall, David, Alan Lizotte, and Brian Wiersema , "General deterrence through
civilian gun ownership." Criminology , 1991, pp: 541-559.
- Mueller, Gerhard O. , "Whose prophet is Cesare Beccaria? An essay on the origins of
criminological theory." In William S. Laufer and Freda Adler, eds., Advances in
Criminological Theory 2: 1-14. New Brunswick, NJ: Transaction, 1990 ,
pp: 312 -334 .
- Franklin P. Williams III and Marilyn D McShane , op., cit , pp: 30 -95 .
- Slwaski, Carol J. "Crime Causation: Toward a Field Synthesis." Criminology
(February 1971), pp:375-396.
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for example, that "offenses which originate in the sexual appetite,

when there is neither violence, fraud, nor interference with the
rights of others, and also offenses against one's self, may be
arranged under this head, for better or worse, he anticipated the role
that official crime statistics were later to play in advanced societies.
Like Beccaria, Bentham believed in the doctrine of free will,
although he
hinted at the theory of learned behavior as the
explanation of criminal behavior "He deserves considerable credit...
for his adherence to a theory of social (i.e., pleasure pursuit)
causation of crime rather than a concept of biological, climatic or
other non-social causation.
In summary, the Classical School of criminology rejected the previously prevailing concepts of supernatural powers as the primary
forces in human behavior, including criminal behavior, and
substituted the free will of man and his intent. The consequent
systematization of the discipline was built on the concept of free
will; it eliminated human motives of revenge and substituted
rational punishments that fit the seriousness of the crimes by
causing rules to be determined and written into the law. Because of
its basic concept of free will and punishments to "fit the crime
,"deterrence becomes important in the Classical School of
criminology.
The philosophy of the classical school was:Reflected in the Declaration of the Rights of Man, passed in France
on August 26, 1789. The French Penal Code of 1791 included,
among others, the following sanctions: "death, labor in chains,
reclusion in a penitentiary, confinement without chains, detention,
transportation, civic degradation, and the "carcan" or "iron collar."
No judicial discretion was permitted, and the penalties were to
apply equally to all violators of the law. The French Code of 1795
"completed the process of replacing the former arbitrary powers of
judges with a firm and inflexible system of penalties." But because
the penalties were so harsh, juries would often refuse to convict. (1)
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Summary
The Classical School is characterized by:(1) an emphasis on free will choices and the human rationality,
(2) a view of behavior as hedonistic,
(3) a focus on morality and responsibility,
(4) a concern with political structure and the way in which
government deals with its citizens; and
(5) a concern for the basic rights of all people. These generic ideas
and concerns were applied to criminal justice to produce concepts
such as deterrence, civil rights, and due process of law; but it is the
general characteristics, not the specific ones of criminal justice, that
contain the essence of Classical thought. (1)
Major Points of the classical School
1. People exist in a world with free will and make their own rational
choices, although they have a natural tendency toward self-interest
and pleasure.
2. People have certain natural rights, among them life, liberty, and
ownership of property.
3. Governments are created by the citizens of a state to protect these
rights, and they exist as a social contract between those who govern
and those who are governed. (1)
______________
(1) Williams, Kirk R. ,and Richard Hawkins, "Perceptual research on general deterrence:
A critical review." Law and Society Review 1986 , pp : 545-572.
- Zimking, Frank E., and Gordon J. Hawkins , The legal threat as an instrument of social
change." Journal of Social Issues , 1971 , pp:3348.
-------- , Deterrence: The Legal Threat in Crime Control. Chicago: University of Chicago
Press. Franklin P. Williams III and Marilyn D McShane , 1973,p p: 12-78 .
- Hugh D. Barlow , op. cit, p: 52-90 .Clive R. Hollin , op. cit, p: 23 -87 .
- Donald J. Shoemaker , op. cit, p: 13 -65 .
- Clayton A. Hartjen , op. cit, p: 40 -89 .
- Nathaniel J. Pallone & James J. Hennessy , op. cit, p: 65- 95 .
- Vernon fox op. cit, p: 33 69. Ronald Blackburn , op. cit, pp: 76 -90 .
- Harry E Allen and others , op. cit, p: 16 -98.
- Piliavin, Irving, Rosemary Gartner, Craig Thornton, and Ross Matsueda ,"Crime,
deterrence, and rational choice." American Sociological Review 51, 1986, pp: 101-119.
- Void, George B. Theoretical Criminology. 2nd ed. New York: Oxford University Press,
1979 , pp: 55 -64 .
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4. To insure civil rights, legislators enact law that both defines the
procedures by which transgressions will be handled and specifies
the exact behaviors that make up those transgressions. This law
specifies the process for determining guilt and the punishment to be
meted out to those found guilty.
5.Crime consists of a transgression against the social contract;
therefore, crime is a moral offense against society.
6. Punishment is justified only to preserve the social contract.
Therefore the purpose of punishment is to prevent future
transgressions by deterring socially harmful behavior. Only that
amount of punishment necessary to offset the gains of harmful
behavior is justified.
7.All people are equal in their rights and should be treated equally
before the law.
Epilogue:
The Classical School still has a dominant effect on today's
criminal justice system policies. Most Western nations still adhere
to most of the Classical inventions under due process of law and the
rights of individuals, largely because these concepts are imbedded
in various constitutions. Two of the major concepts of the Classical
School, deterrence and rationality, are still alive and well.
Deterrence has had two separate rebirths over the last two
decades. In the first, the public, in moving toward a more
conservative and punitive mode, embraced the concept of
deterrence and clamored for harsher sentences. The assumption, of
course, is that tougher sentences will deter would be criminals from
committing crimes and make those caught and convicted reconsider
their behavior. Deterrence has been the favored approach to the
crimes of drunken driving and drug dealing. One of the problems
with deterring criminals is that our criminal justice system does not
proceed quickly. The federal system and many states have
attempted to solve this by enacting speedy trial laws.
In the second renewal of interest in deterrence, many scholars
have been engaged in research to see if deterrence works. Three of
the favorite research topics have been the death penalty, drunken
driving, and drug use.
Criminologists have also granted a good deal of popularity to the

concept of rational offenders. We now have rational choice theories
and theories of punishment called "just deserts." The rational choice
theories generally suggest a connection between opportunities for
offending, the environmental conditions at the time, and the
readiness of the offender to engage in the offense.
That is, they assert that, given the situation and the circumstances,
offenders make informed decisions to commit crimes. Just deserts
punishment theory returns to the Classical concept of retribution
and argues that because offenders make the choice to offend,
punishment is deserved. The "just" portion of the theory restates the
classical notion of equitable punishment no more or less
punishment than what is required to correct the harm from the
crime.
One might argue that the theoretical strands of the Classical
School have become a Little weak by now. The ideas of human
nature and rationales about how to treat people on which much of
current policy and conceptual activity is based are simply part of
our culture. The reason that these ideas are part of our culture,
however, is that the Classical School put them there.
For example, some judges have publicly questioned recent
sentencing guidelines (which propose mandatory sentences for drug
users) as unfair. In another case, the issue of cruel punishment is
today's latest topic, with questions about hanging, gas, and lethal
injection as forms of capital punishment . (1)
- 56 -
__________________
(1) Franklin P. Williams III and Marilyn D McShane , op. cit, p: 12-78 .
- Hugh D. Barlow , op. cit, p: 52-90 .
- Clive R. Hollin , op. cit, p: 23 -87 .
- John Hagan , op. cit, p: 89 -128 .
- Sue Titus Reid, op. cit, p: 44 -120 .
- Vernon fox op. cit, p: 33 69.
- Ronald Blackburn , op. cit, p: 76 -90 .
- Harry E Allen and others , op. cit, p: 16 -98 .
- Franklin P. Williams III and Marilyn D McShane , op. cit, p: 12-78 .
The Neoclassical School

(New Classical Theory)
The neoclassical school of criminology, flourished during the
nineteenth century, it had the same basis as the classical school a
belief in free will. But the neoclassical criminologists, who were
mainly British, began complaining about the need for individualized
reaction to offenders, as they believed the classical approach was
far too harsh and unjust.
Perhaps the most shocking aspect of these harsh penal codes was
that they did not provide for the separate treatment of children. One
of the changes of the neoclassical period was that children under
seven years of age were exempt from the law on the basis that they
could not understand the difference between right and wrong.
Mental disease became a reason to exempt a suspect from
conviction, too.
Mental disease was seen as a sufficient cause of impaired
responsibility; thus, defense by reason of insanity crept into the law.
Any situation or circumstance that made it impossible to exercise
free will was seen as reason to exempt a person from legal
responsibility for what otherwise might be a criminal act.
- 57 -
The most important thinkers of new classical theory

Benigno Di Tullio:
Di Tullio was a Professor of criminal anthropology in the university
of Rome, in 1945 he published a book which appeared in Rome in it
he established his new theory on the so-called "criminal constitution
or predisposition".
In Di Tullio point of view ,the crime is the result of interaction
between the human soul as an internal factor and the circumstances
encountered by the man in the external world, experience indicates
that there are individuals who possess a tendency or inclination to
delinquency, which doesn't exist in others, and that the external
circumstances which provoke their criminal tendency and leads
them to delinquency, does not produce the same effect on the part
of ordinary persons.
Di Tullio classified them, following like Pende, into different

categories.
He separated between the constitutional delinquents and
occasional delinquents , whose delinquency is due more to the
external factor than to the internal one.
On the other hand, In Di Tullio point of view also , the
occasional delinquents does not attain a pathological nature
.Namely it does not deserve the quality of a disease. Because of
that he distinguishes between the constitutional and occasional
delinquents . on the one hand and delinquent whose criminality is
due to a mental disease or insaneness on the other.
As regards the mentally disturbed delinquents, Di Tullio separates
between the delinquent and the insaneness delinquent.
The first his delinquent because of his insanity, in such a way that
his delinquency could be eliminated by his treating him from
insanity.
The second is a delinquent because of a constitution which is
previous to his insanity and which aggravated the latter. In order to
cure him must treat his criminal constitution at first.
In Di Tullio point of view also ,the criminal constitution is
characterized by the fact that its symptoms appear at an early age
and leads to grave crime implies the desire of repeating the crimes
finding delight and pleasure in committing them.
Di Tullio theory, give great importance to discover the criminal
constitution the personality of the individual , and to examine three
fields :
(l) the external organs of his body ( Morphology )
(2) The internal organs of the body (physiology and Endocrinology)
(3) The human instincts (psychology)
- 58 -
Di Tullio's theory give also the explanation of crime as the

characteristics of the constitutional criminal , and give the
definition of the crime as a social reality and whence indicated the
causal factor of criminality.
Although the neoclassical school was not a scientific school of
criminology, unlike the classical school, it did begin to explore the
causation issue.
The neoclassical theorists made exceptions to the law and implied
multiple causation. The doctrine of free will could no longer stand
alone as an explanation for criminal behavior.
Even today, much modern law is based on the neoclassical
philosophy of free will tempered by certain exceptions.
There has been growing support for a ''neoclassical" sentencing
rationale that would emphasize penalties proportionate to the
gravity of the criminal conduct. This movement has had its great
impact in Finland, where "neoclassicism" has come to be official
policy.
- 59 -
Several modifications of classical theory were therefore

introduced, and their proponents became known as the neoclassical
school.
They believed that freedom of will could be affected by pathology,
incompetence, insanity, or other conditions.
There were mitigating events that interfered with the free will, it
was contended: these could be physical environmental (sociocultural),or mental(psychological) Along this line, children were
believed to have only limited responsibility for their actions, in spite
of the doctrine of free will, and the same was true of mental
defectives or "lunatics." It followed, then, that under neoclassical
principles, judges were to be accorded discretion in order to assess
and account for special situations surrounding an individual
offender and the offenses for which that person had been found
guilty.
The neoclassicists theory concept upon on free will, which is

defined by them as the ability to resist evil motives.-Since that
ability is not the same with respect to every person, it will follow
that the extent of liability shall differ according to one's own
personal ability to resist. If the ability is full, the free will exists and
consequently the criminal liability of the offender will be full.
On the contrary, if such ability lacks altogether, free will shall be
deemed lacking and no liability will follow and also they think of
the purpose of deterrence. they think also that the criminal should
be punished not for the sake of any utilitarian purpose, but to
achieve justice.
A criminal has committed a wrong and consequently deserves to be
punished. It is irrelevant then whether society will benefit from the
infliction of the punishment or not.
the new concept of free will led to consider the view to criminal
liability and make it become more flexible and more humane. so
The reaction against offenders will be individualized .
At the same time, new defenses, causes of exemption and
attenuation are introduced. For instance, children under the age of
seven were exempt from criminal liability, so were those who
suffered from mental diseases or acted under such circumstances as
to negate their free will. The harsh legalism of the classical school
has thus been tempered.
Nonetheless, the particular concept adopted by the neoclassicists of
free will has been criticized as much as diminished will is
concerned.
On the one hand, extensive use of diminished liability - when the
free will is only curtailed but is not totally lacking - will necessarily
yield use of short-term prison sentences on a large scale.
This in turn would be source of trouble for penal policy, as those
punishments subject those convicted of them to promiscuity in
prisons and do not allow for any real rehabilitation.
On the other hand, mitigated liability linked to the weakening of
the ability to resist evil motives leads sometimes to illogical results.
- 60 -
Thus, a repeat offender (a recidivist) has his ability to resist evil

motives curtailed or weakened. Accordingly, his liability according
to the logic of the neoclassical school should be mitigated.
This is a consequence that cannot be easily admitted, for it runs
counter to a sound penal policy which aggravates punishment for
recidivists and treats primary offenders more leniently.
Consequently,the neoclassical School was characterized by :
(1) Neoclassical Theory introduced the idea of Premeditation as a
measure of the degree of free will .
modification of the doctrine of free will, which could be affected by
pathology, incompetence, insanity, or other conditions, as well as
premeditation.
(2) Mitigating circumstances as legitimate grounds for diminished
responsibility.
acceptance of the validity of mitigating circumstances.
(3) modification of the doctrine of responsibility to provide
mitigation of punishments, with partial responsibility in such cases
as insanity, age, and other conditions that would affect "knowledge
and intent of man at the time of the crime"; and
(4) admission into court procedures of expert testimony on the
question of degree of responsibility.
The French Code of 1810 and the Revised French Code of 1819
provided for these modifications.(1)
__________________________
(1) M. T. Maestro, Voltaire and Beccaria as Reformers of the Criminal Law (New
York: Columbia University Press, 1942), p. 152.
- Henry Elmer Barnes and Negiey K. Teeters, new Horizons in Criminology
(Englewood Cliffs, NJ.: Prentice-Hall, 1959, p. 322.
-Paul. Tappan, Crime, Justice, and Correction , McGraw-Hill, New York, 1960,
pp: 588.
- 61 -
The positive School

( positive Theory )
Introduction to Positivism :
The positivist school of criminology takes its name from the
positive philosophy of the nineteenth century, which applied the
scientific method to the study of social problems. The group of
thinkers we consider from this school Cesare Lombroso, Raffaele
Garofalo, and Enrico Ferri made the study of criminals selfconsciously scientific.
They did this by emphasizing the importance of the controlled
investigation of criminals and non-criminals.
This is not the same as saying that their investigations were wellcontrolled or, in this and other ways, scientific. Indeed, it seems that
they often were not.
However, the positivist school of criminology had provocative
things to say about the causes of criminal behavior, and by-saying
them with at least a claim to scientific standards, this group of
thinkers initiated a whole new tradition of criminological work that
today prides itself on its scientific standing.
In this sense, the positivist school of criminology may have been
more significantly an aspiration than an achievement. Nonetheless,
the aspiration proved to be important.
- 62 -
The notion that crime could be studied through the methods of

science was established early in the nineteenth century by two
authors whose work earned them an honored place in the annals of
criminology. Working independently, Adolphe Quetelet (17961874) and Andre Michel Guerry (1802-1866) compiled the first
criminal statistics and used them to make predictions and
comparisons about crime. Others soon followed suit, and these early
ventures into social statistics became a model for the later work of
Emile Durkheim.
Today positivism has become "little more than a derogatory label"

in some quarters . The objections to positivism are varied, but
primarily they consist of the argument that the so-called ''objective''
depiction of "concrete facts" in the world obscures a reality that is
socially constructed by the participants in it.
We will discuss these ideas as they were expressed by three of
positive thinkers, Cesare Lombroso & Raffaele Garofalo and Enrico
Ferri .
The pioneers (the thinkers) of the positive school
The Italian School of criminology originated with the work of
Cesare Lombroso (1835-1909), whose principal work L'Uomo
Delinquente (The Delinquent Man) was published in 1876. The
other pioneers of these theories are Garovallo, and Ferri. (1)
___________________________
(1) Harry, B., and C. Blacer , "Menstruation and crime: A critical review of the literature from the clinical criminology perspective." Behavioral Sciences and the Law ,
1987, pp :307-322.
- Mccord, Joan ,"The cycle of crime and socialization practices." Journal of Criminal
Law and Criminology ,1991 , 82:211-228.
-Bohman, M., C. R. Cloninger, S. Sigvardsson, and A. L. Von Knorring
,"Predisposition to petty criminality in Swedish adoptees: I. Genetic and environmental heterogeneity." Archives of General Psychiatry .1982, p: 872-878.
- Beirne, Piers , "Adolphe Quetelet and the origins of positivist criminology."
American Journal of Sociology , 1987 , p: 1140-1169 .
- John Hagan , op. cit, p: 89 -128 . Sue Titus Reid, op. cit, p: 44 -120 .
- 63 -
Cesare Lombroso
Cesare Lombroso (1835-1909) has often been called "the father of

modern criminology .
- 64 -
Lombroso rejected the classical doctrine of free will, but he was

strongly influenced by the contemporary writings on positivism of
Au-guste Conte, usually referred to as the founder of sociology, and
the work of Herbert Spencer, another influential early sociologist.
Lombroso served as an army physician and conducted systematic
observation and measurement of the physical differences of
soldiers.
During this time he became aware of tattooing, a practice he later

associated with criminals. Later, as a prison physician, he was in a
position to examine thousands of prisoners and had access to all of
the data on crime in Italy and to the Italian prisons.
Lombroso's theories first appeared in his book "L'uomo
Delmquente" (The Delinquent Man).
- 65 -
Lombroso's Distinguishing marks of criminals ( Delinquent

man )
According to Lambroso, the animal kingdom appears on the
criminologieal stage. Actions of one species of animal towards the
other also towards man- are cited; even to the classic example of the
cat stealing the fish.
This theory was upheld after three incidents which contributed in
Lambroso,s point of view .
Lombroso's Distinguishing marks of criminals (Delinquent man )

- 66 -
The first incident( Vililla ):

(Vililla was an aggressive man. after his death Lambroso make
postmortem examination at his corpse and he founded (discovered)
that there was dimple or cavity in his skull bigger than that which
founded in the average person , and Looks like that which in a
Gorilla.
The second incident ( Misdia ) :
(Mesdia was a solider who , suffered from epilepsy. During one of
his epileptic episodes he killed fifteen of his colleagues), after
his death Lambroso make postmortem examination at his corpse
and he founded (discovered) the same dimple or cavity in his skull
The Third incident (Versini ) :
( whose was a bloody criminal , he killed 20 woman by coldblooded or cruel means , and he used to drank the blood of the
victim after finishing every murder offinice) , after his death
Lambroso make postmortem examination at his corpse and he
founded (discovered) that there was dimple or cavity in his skull
Lambroso concluded from this results that the criminal is
qualified as a primitive monster in which reappears by means of
heredity characteristic that go back to the prehistoric ages of
mankind.
In Lombroso point of view there are some organic trouble or
psychological defect in the body of the criminals , and he stated that
there is a strict relation between the delinquency and the this
organic trouble or psychological defect in the bodies of offenders
or criminals .
According to Lombroso, the delinquent or the criminal is a
primitive creature a , or primitive monster which can be compared
with animals.
- 67 -
- 68 -
Lombroso's Distinguishing marks of criminals
So in his point of view the primitive man was a born criminal

(thief, rapist, murderer ) .
In fact Lombroso's point of view about the primitive monster was
It's illogical & provocative and rejected and he couldn't prove that .
A major problem with Lombroso's studies was his sample
selection. Most of the criminals he examined were Sicilians, and he
failed to contrast them in physical characteristics with other (lawabiding) people from the same area; rather, his comparison group
was the Italian population as a whole.
Lombroso's name is today most frequently associated with his
work on the biological makeup of the offender. A physician by
profession, he was influenced by the positivism of the natural and
physical sciences and by contemporary theories on the origin and
evolution of species, as well as by the biological ambience
surrounding the European intellectual world in the decades
following the publication of Darwin's Origin of Species in 1859.
That Lombroso was the founder of the positivist school of
criminology is hardly disputed.
Darwin
- 69 -
However, Lambroso's opponents made the following

observations:
(1) Lambroso's bold analysis is wholly and absolutely untrue. In
the first place, Lombroso evidently still takes up the standpoint
faturalaw. He is a complete stranger to the notion that moral
conceptions are never fixed, but change according to time and
place. To take only one instance: infanticide occurs fairly frequently
among the most primitive peoples (nomads); and is not considered
by them as immoral. This is to be explained by the difficult
circumstances under which they live, and which may force them to
adopt this course of action. If they acted differently the whole group
to which they belong might perish. There is no question of any
inborn hard-heartedness at all, or even, of a lack of love for the
children.
Other writers proved that primitive peoples have great devotion
and parental tenderness for any of their children which they are in a
position to rear. An analogous case is the killing of the aged (or
their suicide) among nomadic peoples.
Both these moral -conceptions and practices disappear completely
as Soon as these nomads become settlers, and take -to agriculture,
whereby they are enabled to rear more children and maintain their
aged.
(2)In the second place, Lombroso makes no distinction between
actions within, and outside, the group. Various facts mentioned by
him relate to other groups than the one to which he who committed
the act belonged, and therefore rank with acts of war, and not with
crimes at all. Within the group itself crime is a rare exception, and
mutual care and devotion attain a very high standard.
(3) the normal savage exists only as a devoted member of the
group whose customs he respects and whose every interest he
defends; the savage is a great lover of children," says Steinmetz in
his L'ethnologic et I'anthropologie cnminelle" .
- 70 -
(4) Hardly less erroneous are Lombroso's pronouncements on the

criminal in the child'; they are also quite in keeping with the same line
of thought. Here, he presents us with the following amiable picture
of the human child:
'......that the genus of moral abnormality and criminal nature do
not occur as exceptions, but as the rule, in the first years of human
life; exactly in the same way that we find, regularly, certain forms
in the embryo which-if they occurred in grown-ups-would rank as
abnormalities; so that the child would appear to be a human being
lacking in moral sense-what alienists call morally defective; but
what we prefer to call a born criminal. He then cites a number of
instances of children's mendacity, cruelty, jealousy, etc.
Without the slightest notion of ethnology, with an utter lack of
critical sense, and often from the worst possible sources of,
information, a few facts are dragged in to prove that primitive man
was a born criminal (thief, rapist, murderer ), and primitive woman
a prostitute.
There is no point whatever in attributing to children an inborn
knowledge of the content of moral dicta; but this failing has no
more sinister meaning in regard to their morality than lack of
knowledge as n regard to their intellectual endowments.
Besides, children are impulsive-functioning primarily-owing to lack
of experience of life, which is just as little proof of their moral
inferiority; and as every one knows they are often just as impulsive
in acting altruistically. Cruelty m
children
is, more
often
than not, entirely unconscious; they inflict pain, for instance on
animals, without knowing it, and they change their conduct as soon
as they understand what is actually happening.
True, children are very often untruthful in their statements; but this,
too, is in the majority of cases quite unconscious and has its origin
in their uncontrolled imagination, and when they do tell real lies
this cannot possibly be of anything like the same gravity as in the
case of adults, they just cannot realize its seriousness and
- 71 -
implications. There are, of course, children-but they are very rarewho resemble the picture drawn by Lombroso; but in these cases
one has to do with moral idiots or imbeciles, and not with children
of sound mental propensities.
(5)Taking the views out-lined above as his starting-point,
Lombroso then proceeded to examine anthropologically a large
number of criminals in various prisons more especially their skulls.
The conclusion which he drew from these examinations was that,
in the criminal, peculiar anthropological features are in evidence.
Thus, for example, the capacity of the skull (especially in the case
of thieves) is held by Lombroso to be smaller than that of normal
persons, ; while, in addition to this ,there are supposed to be several
other anomalies about the criminal's skull.
In the brain, too, Lombroso notices deviations from the normal,
which remind him of aniras1 formations-although he was unable to
point to any specific 'criminal' deviations.
Farther, their physiognomy was also supposed to differ from the
normal: large jaws, crooked faces, receding foreheads, etc., he
found to be' of frequent occurrence.
Finally, low sensibility, and tattooing as among primitive peoples
were frequently found to exist.
The conclusion to which Lombroso came was that in the majority
of cases the criminal is an entirely separate species of human beings
(genus homo delinquents).
- 72 -
- 73 -
Because of this criticizes , He had to change his mind and had to

cited to another types of criminals which attribute them criminality
to another factors.
Although he wasn't believe in the effects of the external factors
(social , economical , geographical political ect.,), in the first
edition of his book , but he maintain to its effectives in the next
editions of his book .
1- The psychological lunatic criminal :
( whom suffered from psychological or lunatic diseases which ,
which gave the qualification or inclination to be criminal or

committing the crimes under the effect of stress of this factor ) .
Lombroso took into consideration the state of a criminal who was
well-known as perpetrator of violent and blood crimes, and he
deduced from it that the crime is due to nervous "acts of epilepsy"
that lead to violence.
Thus the figure of the criminal in the opinion of Lombroso, evolved
from the primitive monster to the psychological lunatic and finally
to the nervous epileptic
2- The emotional criminal :
(whom commit his crime or criminal offence under the influence of
temporal emotions factors) .
3- The habitual criminal :
(whom crimes become a habit in them life .
4- The criminal by chance :
(whom chance play the only effective role in the committing of his
criminal offence , and commit his crime or criminal offence under
the influence of emotions factors ).
5- The psychopathic criminal :
(whom suffer from deficiency of his moral senses which prevent
him from the adaptation with the community ) .
6-The criminal whose commit his crime under influenced of
combined ( mixed ) factors :
(whom commit his crime or criminal offence under the influence of
combined factors) ( external temporal effects ) .
- 74 -
The Egyptian Professor Ramsis Behnam upholds Lambroso's

theories in general and rebuts the foregoing observations of his
opponents as follows:
(1) Lombroso's opinions were misunderstood, due to the

unawareness of the four latter editions of his book successive to the
first one.
So He said that did not restrict himself to the physical
and
organic states of delinquents.
In fact he examined their psychological conditions.
And he Lambroso did not assert that physical defects were
Distinguishing marks of delinquents, but he meant that they are
more diffused and acute among criminals than among
noncriminals .
(2) According to his point of view the criminal heredity does not
mean the definite fall in delinquency, but a hereditary inclinator
which does not lead to delinquency unless it is associated with
certain factors which could not occur and therefore it remains latent
without conducing to any crime.
And he also said that Lombroso added that inclination could be
acquired after birth .
Now, modern child psychology has made way of this representation
of the child as being either Little devil or an angel. (1)
___________________
(1)Franklin P. Williams III and Marilyn D Mcshane , op. cit, p: 12-78 .
- Clive R. Hollin , op. cit, p: 23 -87 .
- John Hagan , op. cit, p: 89 -128 .
- Sue Titus Reid, op. cit, p: 44 -120 .
- Vernon fox op. cit, p: 33 69
- 75 -
Raffaele Garofalo
Baron Raffaele Garofalo was born in Naples, Italy, in 1852. He

studied law, was interested in criminal law reform, and served as a
professor of criminal law and procedure during part of his career.
He also was a member of the magistracy. He died in 1934.
Garofalo was born a member of the Italian nobility and went on
to become a magistrate, a professor of criminal law, and a
prominent member of government. It therefore is not surprising that
Garofalo took a great interest in the criminal law and its reform.
Drawing indirectly on the work of Lombroso, Garofalo came to a
set of conclusions that provide a fascinating contrast with the ideas
of the classical thinkers considered earlier.
Garofalo's major work in criminology was a book, Criminology,
which appeared in 1885 in Italian. The second edition appeared in
1891, and the English translation in 1914.
- 76 -
Garofalo was clearly a member of the positivist, or Italian, school

of thought. He rejected most of the philosophies of the classical
school. He saw the need for empirical research to establish theories
of criminal behavior. Although he was close to Lombroso in some
of his ideas, Garofalo was critical of others.(1)
Garofalo began with the assumption that to understand the
criminal it is necessary to have a meaningful definition of crime.
This definition is based on a distinction between "natural crime," to
which Garofalo attaches great importance, and "police crime," a
residual category to which Garofalo attaches less importance .
"Natural crimes" are those which violate two basic "altruistic
sentiments," pity (revulsion against the voluntary infliction of
suffering on others) and probity (respect for the property rights of
others). "Police offenses" are behaviors which do not offend these
altruistic sentiments but are nonetheless called "criminal" by law.
Garofalo was more concerned with the former category because he
regarded the crimes in it as more serious, because he believed the
category itself to be based on a unifying principle, and because he
regarded this as the area in which criminal law played its most
important role. It is to the latter ideas about criminal law that we
turn next.
Although Garofalo found Lombroso's theories inadequate as an
explanation for the "natural crimes" of "true criminals," he still
wound up concluding that criminals have "regressive
characteristics" indicating a "lower degree of advancement," and
this premise was essential to Garofalo's ideas about criminal law.
__________________________
(1) Raffaele Garofalo, Criminology, trans. Robert W. Millar Boston: Little, Brown,
1914, p. 79.
- Thorsten Sellin, "The Lombrosian Myth in Criminology," The American Journal of
Sociology 42 (May 1937), pp:898-899.
of Delinquent Behavior , Oxford University Press , London , 1990, pp :28 78 .
- 77 -
The key to the arguments presented in this volume is the

assumption that true criminals, lacking in the basic altruistic
sentiments, are unfit for the society in which they live. The solution
to this evolutionary problem. In this way, the social power will
effect an artificial selection similar to that which nature effects by
the death of individuals inassimilable to the particular conditions of
the environment in which they are born or to which they have been
removed. Herein the state will be simply following the example of
nature.
Thus where the classical theorists focused on the symbolic value of
punishments as a means of deterring crime in the general
population, Garofalo and the positivists were constrained by their
belief in evolutionary principles to focus more specifically on the
incapacitory function of punishmentsincluding life imprisonment
and the death penalty. In other words, the positivists were led to
conceive of the relationship between crime and law in a quite
different way from the classical criminologists .(1)
__________________________
(1) Raffaele Garofalo, Criminology, trans. Robert W. Millar Boston: Little, Brown,
1914, p. 79.
- Thorsten Sellin, "The Lombrosian Myth in Criminology," The American Journal of
Sociology 42 (May 1937), pp:898-899.
of Delinquent Behavior , Oxford University Press , London , 1990, pp :28 78 .
- 78 -
Enrico Ferri
Enrico Ferri (1856-1929), the son of a poor shopkeeper, had already

published some of his main ideas and become a positivist when he
went to study with Lombroso for a year.
Enrico Ferri was one of Lombroso's students.
In 1878, he was judge in the court of Naples and a disciple of
Lombroso, came up with a new theory according to which the
delinquent was not an abnormal human phenomenon but rather an
abnormal psycho who lacks mercy and honesty. The lack of mercy
leads to crimes of persons and the lack of honesty leads to crimes
against property.
He asserted that the penalty must aim at the punishment of the
criminal namely to prevention and not at intimidating of public,
namely the general prevention.
These last steps paved the way for the uprising of the modern
Italian school of criminology and penal law, namely the positive
school headed by Enrico Ferri, Fern exerted his school's influence
on the different penal legislation of the world.
- 79 -
Explanation of Criminal Behavior Ferri also rejected the classical

doctrine of free will, believing instead that it is not the criminal who
wills to act, but the situation. Ferri's classification of criminals, as
compared to that of Lombroso, reflected this greater concern with
the environment.
In Ferri point of view, the crime was primarily produced by the
type of society from which the criminal came. He postulated his law
of criminal saturation, which means that "in a given social
environment with definite individual and physical conditions, a
fixed number of crimes, no more and no less, can be committed.
Crime then can only be corrected by making changes in society.
This modern positive theory of Enrico Ferri, exerted its influence
on the legislative systems all over the world especially because it
ascribed the function of social defense against criminality to
punishment instead of the function of social retribution of the
delinquent's sin .
It drew the attention of legislators to the necessity of providing a
security measure to be pronounced by the judge as regards the
crimes of the mentally unstable.
Although Enrico Ferri was a disciple of Lombroso, he achieved
the task of his teacher by showing the importance of the social
environment in the genesis of crime. (1)
__________________________
(1) Enrico Ferri, The Positive School of Criminology ,Chicago: Kerr, 1913,
pp:125:156 .
- Enrico Ferri, Criminal Sociology, trans. Joseph Kiiley and John Lisle ,Boston: Little,
Brown, 1917, p. 209.
- Thorsten Sellin, "Enrico Ferri," in Mannheim, Pioneers, pp. 370-371.
- Sellin, Thorsten, and Marvin E. Wolfgang. The Measurement of Delinquency. New
York: Wiley, 1964.
- Naess, Siri. "Comparing Theories of Criminogenesis." Journal of Research in Crime
and Delinquency 1 (July 1964), pp: 171-180.
of Delinquent Behavior , Oxford University Press , London , 1990 , pp :28 78 .
- Steffensmeier, Darreli J., and Robert M. Terry, Eds. Examining Deviance Experimentally: Selected Readings. Port Washington, N.Y.: Alfred, 1975.
- 80 -
This came in his famous book on criminal sociology written in

1881 and published in 1929 in Turin.
In Ferri point of view also , there is three factors of the crime:
(1) A cosmic Factor,
(2) An organic Factor
(3) A social Factor.
He defined crime as the result of interaction between the criminal's
inner personal factors, on one side and the external material factors
of the natural geographic environment and social spiritual factors in
social relations on the-other. In such an interaction the proportion
each factor differs according to the different crimes and criminal!.
This interaction between the three factors gives birth ..to the socalled law of criminal density.
The same theory drew the legislators attention to the necessity
of: (1)The prevention of the factors that lead to delinquency .
(2)The individualization of penal treatment according to the
conditions of each crime and each criminal .
(3)The modification of penal execution in order to adapt it to the resocialization of the criminal .
In short it promoted what is called the individualization of the penal
sanction in the fields of Legislation, judgment and execution. but to
this day, the positive theory did not acquire approval as regards its
statement about the criminal being compelled man and the denial
of his free will and consequently of his moral responsibility as the
basis of application of penal law even towards the mentally table
criminals.
Classification of the positive school
The Positive School is characterized by a consensus perspective. All
the theories developed under its mantle assume the existence of a
core set of values in society that can be used to determine and treat
deviance.
___________
(1) Franklin P. Williams III and Marilyn D McShane , op. cit, p: 12-78 .
- Hugh D. Barlow , op. cit, p: 52-90 .Clive R. Hollin , op. cit, p: 23 -87 . John
Hagan , op. cit, p: 89 -128 .
- 81 -
Positivists did not question the validity of their categories of

harmful acts or the desirability of treating people. In fact, their
assumption of consensus was so strong that they rarely ever
questioned their own actions, even when "exterminating" groups of
people designated as socially harmful. Other than the consensus
perspective, the wide range of positivist theories makes any attempt
at categorizing them very difficult. Positivist theories can be either
structural or processual, so no definitive classification is possible.
However, we can state that sociological theories have, as a rule,
been structurally oriented and macro theoretical, while biological
and psychological theories have been processual and micro
theoretical. (1)
Summary
The work of the Positive School, diverse as it was, represented the
first real concern with studying the behavior of the criminal.
Embracing the scientific method, Positivists took a deterministic
stance toward behavior and left behind the Classical School's
insistence that humans are rational beings with free will.
In the process, the notion of punishment for deterrence began to
make less sense. If an individual's behavior were not predicated on
rational decisions, then how could that individual be deterred? The
thing to do, obviously, was to find those factors that cause the
criminal behavior and remove (or treat) them.
Further, it would be useful to be able to predict which individuals
would be likely to become criminal and to treat them before they
could harm themselves and society.
Positivists left behind the legal focus and concerns of the Classical
School.
- 82 -
________________________________________________
(1) Mednick, Sarnoff A., William F. Gabrieixi, Jr., and Barry Hutchings , "Genetic
factors in the etiology of criminal behavior." In S. A. Mednick, T. E. Moffitt, and S.
Stack, eds., The Causes of Crime: New Biological Approaches, 1987 , p:74-91.
In fact, for them the only reasonable definition of criminality was a

social one. Legality simply got in the way of treatment because
behavioral categories did not necessarily fit legal categories. If
behaviors were socially undesirable, the individuals exhibiting them
should be treated and returned to normalcy. Civil rights were of no
concern if the real purpose of treatment was that of help. After all,
how can one object to being helped; when a physician treats us, do
we feel our civil rights have been violated? Thus, early Positivists
reasoned that criminals have no need to object when they are being
treated by correctional experts. (1)
Finally, positivism, as we have seen, is represented not only by biological theories of causality but by psychological and sociological
theories as well. In fact, most of the theories of criminology
throughout the 1950s were positivistic in nature. As a general
perspective, then, positivism has had an enormous effect on the way
criminological theories have been constructed and the way that
research has been conducted.
_________________________________
(1)Waldo,Gordon P. and Simon Dinitz ,"Personality attributes of the criminal: An
analysis of research studies, 1950-1965." Journal of Research in Crime and
Delinquency,1976, p:185-202.
- Harry, B., and C. Blacer , "Menstruation and crime: A critical review of the literature from the clinical criminology perspective." Behavioral Sciences and the Law,
1987, p :307-322.
- Mccord, Joan ,"The cycle of crime and socialization practices." Journal of Criminal
Law and Criminology ,1991 , 82:211-228.
- Wolfgang, Marvin E. , "Cesare Lombroso." In Hermann Mannheim, ed., Pioneers in
Criminology, Montclair, NJ: Patterson Smith ,1972 , p: 232-291.
- Yochelson, Samuel, and Stanton E. Samenow , The Criminal Personality. Vol. 1: A
Profile for Change. New York: Jason Aronson1976, p:123-129 .
- 83 -
Major Points of the positive School:

1. Humans live in a world in which cause and effect operate.
Attributes of that world exhibit order and can be uncovered through
systematic observation.
2. Social problems, such as crime, can be remedied by means of a
systematic study of human behavior.
Through the application of science, human existence is perfectible,
or at the least the human condition can be made better.
3. Criminal behavior is a product of abnormalities. These
abnormalities may be within the person, or they may exist as
external social forces.
4. Abnormal features can be found through comparison with those
that are normal.
5. Once abnormalities are found, it is the duty of criminology to
assist in their correction. Abnormalities should be treated and the
criminal reformed.
6. Treatment is desirable both for the individual, so that he or she
may return to normal, and for society, so that members of society
are protected from harm.
7. The purpose of sanctions against criminals is, then, not to punish
but to provide for treatment.
Comparison of the Classical and Positivist Views
The classical view has encouraged fair and orderly legal procedures
(due process of law), has mitigated the severity of punishment, and
has advocated limits on the arbitrary use of judicial authority.
The positivist view helped to introduce the scientific method into
the study of crime and developed the experimental method of
research in the field. The multiple-factor theory helped to
demonstrate the effect of biological, environmental, and social
origins of criminal behavior. The positivist view supported the
expansion of programs and constructive activities as a component
of punishment.
- 84 -
The classical view is crime oriented, while the positivists place

emphasis upon the criminal. Although many subsequent theories
and approaches to dealing with crime have been developed, the

basic emphasis remains either on dealing with the crime or the
criminal; seldom has society been willing or capable of addressing
both issues simultaneously.
The classical, neoclassical, and positivist schools of thought did
not originate the major punishment philosophies of incapacitation,
retribution, deterrence, rehabilitation, and the variations of these
philosophies, although they set the stage for the emphasis placed on
some of them.
__________________
Stack, eds., the Causes of Crime: New Biological Approaches, 1987 , p:74-91.
- 85 -
The Comparison between the Classical and Positivist Views
Classical school
Positive school
legal definition of crime.
rejection of legal definition.
let the punishment fit the

crime.
let the punishment fit the criminal.
doctrine of free will.
doctrine of determinism.
death penalty for some offenses4
abolition of the death penalty.
anecdotal method
no-empirical research.
empirical research, inductive method.
definite sentence
Indeterminate sentence.
_________
(1) Bohman, M., C. R. Cloninger, S. Sigvardsson, and A. L. Von Knorring
,"Predisposition to petty criminality in Swedish adoptees: I. Genetic and environmental
heterogeneity." Archives of General Psychiatry .1982, p: 872-878.
- Beirne, Piers , "Adolphe Quetelet and the origins of positivist criminology." American
Journal of Sociology , 1987 , p: 1140-1169
- Stephen Schafer, Theories in Criminology , Random House, New York , 1969, p: 82.
- Franklin E. Zimring, Perspectives on Deterrence , Rockville, MD: National Institute of
mental Health , 1973,p: 2 45 .
- Sue Titus Reid ,op. cit , PP : 92-93.
- Donald J. Shoemaker , op. cit, p: 13 -65 . Clayton A. Hartjen , op. cit, p: 40 -89 .
- 86 -
The Renaissance of Criminology :

Criminology did not actually flourish until the end of the first half
of the 20th century as a result of the efforts of Italian , French and
German physicians and scientists who adopted all scientific
methods of examining the human personality.
D :- The Italian scientists :
we mention to two of them ,Pende and Di Tullio.
1- Pende:
He was a physician who is specialized in glandular disease .
He give attention to the importance of human typology science in
the classification of criminals into categories , each characterized
by certain common symptoms.
E : - The French scientists :
we mention to one of them, Jean Pinatel
- 87 -
1- Jean Pinatel
Pinatel believe in the central nucleus of criminal personality , as a
factor of the crime .
In his point of view ,This nucleus consists of four elements:
(1) Egocentrism
(2) Quick drifting
(3) Aggressiveness
(4) Affective indifference
In Pinatel point of view also , there are four obstacles that stand
in the way of crime.
(1) The first obstacle is the social opprobrium towards
the criminal.
(2) The second is the legal threat of punishment.
(3) The third the difficulties that probably surround the
execution of the crime.
(4)The fourth the horror of the figure of this execution.
The first obstacle : (the social opprobrium towards the criminal) is
overcome by the criminal's egocentrism which makes him live by
his own rules and follow his own believes which are contrary to the
social integrity. In Pinatel opinion this obstacle leads to "the

acquiescence to the criminal idea".
The second obstacle : (the legal threat of punishment) is surpassed
by the criminal due-to his quick drifting.
In Pinatel opinion this obstacle leads to "The decisive acquiescence
to the criminal idea".
The third obstacle : (the difficulties that probably surround the
execution of the crime) is surpassed by the criminal's
aggressiveness. In Pinatel opinion this obstacle leads to "the crisis
state" (psychological dangerous crisis)
The fourth obstacle : (the horror of the figure of this execution ) ,
which makes the ordinary man withdraw the execution of his
decision is surpassed by the criminal due to his affective
indifference. In Pinatel opinion this obstacle leads to "the passage to
the act" .(1)
- 88 -
__________________
- Vernon fox op. cit, p: 33 69. Ronald Blackburn , op. cit, p: 76 -90 .
- Halleck, Seymour L. Psychiatry and the Dilemmas of Crime. Berkeley: University of
California Press, 1971, p334 .
- Maestro, M. T. Voltaire and Beccaria as Reformers of the Criminal Law. New York:
Columbia University Press, 1942, pp. 47-64.
The Social School

( The Social theory )
The Social School focused on the social factor as the only origin of
crime ,according to this theory the crime is a definite result of the
social factor alone.
The thinkers (pioneers) of the Social School
We will discuss these ideas as they were expressed by five of the
Social School thinkers, Colayanni , Donald Thaft, Thorsten Sellin ,
Cliford Shaw , Sutherland .
1: - Colayanni's theory:
Colayanni was a sociologist . in 1889 he published a book which
essay in it his new theory about the social factor as the only factor
of the crime.
In his point of view even the personal psychological factor of
crime is a result of the social conditions, which surrounded the life
of the criminal especially from the economic perspective.
In Colayanni point of view also the criminal is susceptible to
correctness by the elimination of the bad material conditions which
surround his life. Note that Fern also required the elimination of the
crime social factors. (1)
__________________
- 89 -
2:- Donald Theft's theory :

Donald Taft was an American criminologist , he wrote his book on
criminology in 1945 , and published it in New York.
In Donald Thaft point of view the criminal is produced by the
society itself, and that heredity is not a part in the genesis of crime.
In Donald Thaft point of view also the person looks like the raw
material that is shaped by his life since his birth,and the delinquency
is a result of the corrupted environment which he was born and
grew, namely to the social factor alone.
Thus, if somebody undertakes the task of looking for those who
gave rise to criminality in order to knock at their doors, he arrive at
the end to knocking at his own door , and the negligence of citizens
is the factors of criminality .
3:- Thorsten Sellin's theory :
In Thorsten Sellin point of view the doctrinal conflict between the
criminal and the law is the factor of delinquency , and the criminal
is impregnated by a culture which derives from the environment
that surrounds him and which is in contrast with the social attitudes.
4:- Cliford Shaw's :
In Cliford Shaw point of view the crime rises from certain origins
that are usually the lower standard parts of the cities. He calls such
areas " delinquency areas".
5- Sutherland's theory :
In Sutherland point of view the criminal learnt the crime aspects
from a certain social group.
- 90 -
The Opponents of the Social Schools

In the Opponents of the Social Schools point of view, the culture
does not have that effect on individual and that the effect of the
environment depends upon the susceptibility of those living in it to
commit crime. and that delinquents rise from different
environments and could not be limited to a certain class or
environment.
So, it is inevitable to take into consideration the personal inner
factor of the criminal in the genesis of his crime.
We will discuss these ideas as they were expressed by three of The
Opponents of the Social Schools of the Social School thinkers .
1:- Sergi's Theory:
Sergi's Theory give importance to the division of human character
into a fundamental character and a supplementary character.
(a) The fundamental character is the result of heredity added to
the personal organic conditions of the individual.
It is divided into a an profound (original) part that goes back to the
primitive life of human beings and a less profound part that reflects
the life of the race and family to whom the individual belongs.
(b)The supplementary character is that character which is derived
from the circumstances that the individual encounters in his life and
which modify his character fundamentally or even partially.
2:- Freud's Theory:
Freud Ascribes the crime to, a guilt complex, which pushes the
individual to delinquency in order to obtain the deserved
punishment.
- 91 -
3:- Adler's Theory :

Adler Attributes the crime to the individual's attempt of freeing
himself from an inner struggle comes about due to an inferiority
complex. Evidently the two theories do not offer a general criterion
of delinquency.
The Social Defense School

The Social Defense School has been considered by some, such as
Hermann Mannheim (1973), as a third school of criminology after
the Classical School and the Positive School.
Others, on the other hand, view it as an elaboration of the Positive
School. Jeffery views "social defense" as a concept that transcends
both the Classical and the Positive schools, as does Marc Ancel
(1954).
The concept of this body of theory developed gradually; Ancel
traced its beginnings back to the Middle Ages, and Enrico Ferri of
the Positive School first used the term. The first significant
recognition of social defense was in 1943, when Fillippo Gramatica
established the Center of Social Defense Studies in Venice. (1)
The first international social defense conference was held in San
Remo in 1947 and the second was held at Liege in 1949.
The Social Defence Section of the United Nations was created in
1948. Because of some disagreement as to the definition of social
defense, the name was changed in 1972 to the Section on Crime
Prevention and Criminal Justice. Gramatica (1963) contributed to
the theory of social defense, while Ancel was more active in its
implementation.
- 92 -
________________________
(1) Mednick, Sarnoff A., William F. Gabrieixi, Jr., op,cit , p:74-91.
Hugh D. Barlow , op. cit, p: 52-90 .Clive R. Hollin , op. cit, p: 23 -87 .
- Rosanoll, Aaron J., Leva M. Handy, and Isabel Avis Rosanoff. "Criminality and
Delinquency in Twins." Journal of Criminal Law and Criminology 24 (JanuaryFebruary 1934), pp:923-934.
- Schuessler, Karl F., and Donald R. Cressey. "Personality Characteristics of Criminals." American Journal of Sociology 55 (March 1950), pp:476-486.
- Szasz, Thomas S. Law, Liberty, and Psychiatry. New York: Macmillan, 1963, p: 406.
- Hakeem, Michael. "A Critique of the Psychiatric Approach to Crime and
Correction." Law and Contemporary Problems 23 (Autumn 1958), 650-682.
Social defense is concerned with :

(1) The personality of the offender,
(2) The penal law, and
(3) The manipulation of the environment for social betterment and,
therefore, for crime prevention.
Social defense is seen by Ancel as a revolt against the positivistic
approach, just as the Positive School was a revolt against the
Classical School. Social defense is a reaction against vengeance and
retribution because crime involves both society and the individual,
so the approach to crime must be broader than simply convicting
and punishing the offender.
The basic precepts of this school can be summarized as follows
(Ancel, ):
1. Social defense presupposes that the means of dealing with crime
should be conceived as a method of protecting society rather than
punishing the individual.
2.The method of social protection involves the neutralization of the
offender, either by removal and segregation or by applying remedial
and educational methods.
3.The penal policy of social defense favors an individual rather than
a collective approach to the prevention of crime that is aimed at the
re-socialization of the offender.
4. This program involves a process of an ever-increasing
"humanization" of the new criminal law that involves restoration of
self-confidence and personal responsibility on the part of the
offender, together with the development of a sense of human values.
5. The process of humanization of the criminal justice system
involves the scientific understanding of the phenomenon of crime
and the offender's personality.
- 93 -
The basic tenet of social defense is the elimination of punishment,

as such. Protection of society can be accomplished by rehabilitation
and socialization better than by punishment and vengeance.
Offenders are biological and social entities who learn their behavior
or are having emotional problems with social adaptation. They

should be studied scientifically and assisted in their social
adaptation. The use of legal fictions have no place in social defense.
The Social Defense School differs from the Positive School
because it brings the law back into criminological thinking. It does
not go back to the theories of the Classical School, however,
because the law in social defense incorporates provision for the
needs of the offender rather than emphasizing the seriousness of the
crime. It is interesting to note that most of the writing in social
defense has been by Europeans, while the actual implementation of
many of its tenets has been manifest mostly in the United States.(1)
- 94 -
__________________
(1) Mednick, Sarnoff A., William F. Gabrieixi, Jr., op,cit , p:74-91.
Questions
1- Briefly discus the points of view of Classical School of
criminology ?
2- What's the Classical School characterized ?
3- Briefly discus the points of view of the new Classical School of
criminology?
4- What's the New Classical School characterized ?
5- Briefly discus the points of view of the positive School of
criminology?
6- Classified the positive school points of view ?
7- Briefly discus the Lambroso's opponents observations about his
points of view ?
8- Compare between the Classical and Positivist views ?
9- What's the Major Points of the Classical, new classical and
positive Schools of criminology?
10 What's the classical approach which altered by the neoclassical
thinkers?
11- Compare between Di Tullio , Pende , Jean Pinatel point of
views ?
12- Briefly discus the social School of criminology points of view ?
13- Briefly discus the Social defense school of criminology points
of view?
14- Compare between the Positive school and the Social defense
school points of view?
15 Briefly discus the Social defense school of criminology points of
view?
- 95 -

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Chapter 2

Schools ( theories ) of criminology

The almost prominent schools of criminology Were :

Ecology , culture, composition of

Morphological type, born Criminal

Clinical , tests, statistics

Clinical, statistics, fieldwork .

Groups and social processes

Sociological and social

The assumption made was that criminal behavior was essentially a

The thinkers (pioneers) of the classical school

Was the leader of the classical school , he born in Milan, Italy, on

Beccaria wrote in a time when the criminal law and its

But it was widely received "because it constituted the first

From this view point, the punishment of an individual for a crime

As well, he argued that cruel laws could promote crime by

However, he also suggested, with his penchant for calculation, that

Architecturally, the Panoptic on was to be a circular building with

for example, that "offenses which originate in the sexual appetite,

Criminologists have also granted a good deal of popularity to the

The Neoclassical School

The most important thinkers of new classical theory

Di Tullio classified them, following like Pende, into different

Di Tullio's theory give also the explanation of crime as the

Several modifications of classical theory were therefore

The neoclassicists theory concept upon on free will, which is

Thus, a repeat offender (a recidivist) has his ability to resist evil

The positive School

The notion that crime could be studied through the methods of

Today positivism has become "little more than a derogatory label"

Cesare Lombroso (1835-1909) has often been called "the father of

Lombroso rejected the classical doctrine of free will, but he was

During this time he became aware of tattooing, a practice he later

Lombroso's Distinguishing marks of criminals ( Delinquent

Lombroso's Distinguishing marks of criminals (Delinquent man )

The first incident( Vililla ):

Lombroso's Distinguishing marks of criminals

So in his point of view the primitive man was a born criminal

However, Lambroso's opponents made the following

(4) Hardly less erroneous are Lombroso's pronouncements on the

Because of this criticizes , He had to change his mind and had to

which gave the qualification or inclination to be criminal or

The Egyptian Professor Ramsis Behnam upholds Lambroso's

(1) Lombroso's opinions were misunderstood, due to the

Baron Raffaele Garofalo was born in Naples, Italy, in 1852. He

Garofalo was clearly a member of the positivist, or Italian, school

The key to the arguments presented in this volume is the

Enrico Ferri (1856-1929), the son of a poor shopkeeper, had already

Explanation of Criminal Behavior Ferri also rejected the classical

This came in his famous book on criminal sociology written in

Positivists did not question the validity of their categories of

In fact, for them the only reasonable definition of criminality was a

Major Points of the positive School:

The classical view is crime oriented, while the positivists place

and approaches to dealing with crime have been developed, the

The Comparison between the Classical and Positivist Views

legal definition of crime.

rejection of legal definition.

let the punishment fit the

let the punishment fit the criminal.

doctrine of free will.

death penalty for some offenses4