Professional Documents
Culture Documents
CRIMINOLOGY AS A SCIENCE
Introduction
Criminology is a science and, like all other sciences, it is not self-
contained, not isolated from the life or society, from the general development
of scientific thought. The relations of criminology with life are extremely
complex and diverse. The include connections with many aspects of social
knowledge, connections with problems of social life and social consciousness.
That's way we can say "criminology is naturally part of the system of
modern science and social organization and develops an integral part of the
whole scientific process".
In other words, criminology must not be considered separately from
other sciences. The question of the laws of its development must be considered
in relation to the state of science in general and, in particular, such branches of
science as the social and juridical science which are connected with crime
control.
Criminology does not study everything concerning crime, only a definite
range of problems in their sphere. Here it does not take the place of any other
science criminology studies a specific sphere and has its own range of
problems.
We can get a get a general idea of the content of the science in question
by elucidating the meaning of the actual word "Criminol" it consists of two
parts: the Latin word Crimen (Crime) and the Great word logos.
As we can see this word means literally "teaching about crime." Here
the term crime has the same meaning as criminality consequently criminology
can be called the science of criminality. The term criminology first appeared in
publications at the end of the nineteenth century. It's originally means problems
of research into the causes of criminality. Later the term criminology began to
unite nearly all the sciences dealing with question of crimes criminality."
2
Criminology
self-contained
isolated
diverse
consciousness
integral
range
elucidating
logos
literal
criminality
3
elaboration
moral statistics
sociology
psychology
theoretical
trends
anthropology
psychiatrist
criminalist
anthropological
predisposed
criminologist
school of criminology
1
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968) p.3.
4
reacting
interaction
seldom
2
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.3.
3
Ibid, p. 3-4.
5
Criminal etiology
Penology
verified
efficiency
eternity
criminal biology
delinquent
here-diary
tendencies
physical defects
criminal sociology
4
J. W. Cecil Turner, Kenny's Outlines of Criminal Law 18 th edition , p.5.
5
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.20.
6
prosecuted
convicted
penal repression
collective sentiments
indispensable
6
Crime and Justice Vol I edited by organs Randzinowicz and M.E Wolfgang (1971), p. 391-392.
7
C.K Allen, Legal Duties and Other Essays In Jurisprudence, 1931, p.231.
8 Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p. 15.
7
evolution
capital society
designated
disapprobation
penal codes
Viking age
verses
sentiment
complimentary
exceed
strophes
prohibited
freeholder
9
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.19.
8
10
Ibid.
11
Ibid.
12
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.51.
9
(5) The habitual criminal- The habitual criminal repeats his crimes.
(6) The professional criminal-The professional criminal is a career man
of crime. He learns definite techniques for specific types of crime
upon which he depends for lively hood.
(7) Organized crime refers to the activities of professional criminal who
has systematized their criminal's activities much as some
businesses are organized, with specialized personal, permanent
gradation of leadership, and book keeping systems. Rackets,
gambling, bootlegging during prohibition days, houses of
prostitution, confidence games, and drug rings are common
examples of organized crime.
(8) The mentally abnormal criminal. Mentally abnormal persons very
in type, and include both psychopaths, who rebel against all kinds
of social regulations, and violently psychotic persons. Although
mentally abnormal persons are not as a rule code, their crimes
satisfy some psychological need but to the casual observer seem to
be without reasonable motivation.
(9) The non-malicious criminal. Finally there are non-malicious
criminals members of small cultural groups at variance with the
main culture that surrounds them. Their members are law abiding
in terms of the rules and mores of their own group, and in general
conform to the laws of larger society except in some law instances
where their small group rules contradict these laws.13
guilty
incline
conform
analogous
plumbers
peaches
inmates
13
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p.21-31.
10
pertinent
ostracized
syndicates
overlords
evasion
depredations
compulsive
suave confidence man
check passer
forger
snatcher
pickpocket
casual workers
diverse group
traditional criminal
casual offender
convenience
conventional
episodic criminal
white-collar criminal
habitual criminal
professional criminal
career
lively hood
Organized crime
Rackets
gambling
bootlegging
11
houses of prostitution
confidence game
drug rings
abnormal
psychopaths
rebel
non-malicious criminal
14
P.I Fitzgeeald ,The Perfect of Criminal Law and Punishment , 1962, p.146.
12
compromise
promulgated
crystallization
Infracting
antagonistic
rival
underprivileged
15
Sutherland and Cressey, Principles of Criminology, 6th edition (1968), p. 9 -10.
13
criminals, rather than concentrating solely on the criminals. This point of view
causes the observer to examine of traditions he has taken for granted.
The extent of crime demonstrates the importance of criminology as a
study for the future leaders of society who will be called or to dope with the
major issues of their days. Crime merits inclusion among the major social
problems for the reasons cited by the President's Crime Commission. *
Every citizen is, in a sense, a victim of Crime violence and theft has not
only injured, often irreparably, hundreds of thousands of citizen. But have
directly affected everyone. Some have been afraid to use public steeds and
parks. Some have come to debt the worth of a society in which many people
behave badly. Some have become distrustful of the Government's ability, or
even desire, to protect them. Some have lapped into the attitude that criminal
behavior is normal human behavior and consequently have become indifferent
to it, or have adopted it as a good way to get ahead in life.
Some have become suspicious of those they conceive to be responsible
to those they conceive to be responsible to crime adolescents or Negroes or
drug addicts or college students or demonstrator policeman who fail to solve
crime; judges who pass lenient sentence or write decisions restricting the
activities of police; parole boards the release prisoners who resume their
criminal activities.17
steeds
suspicious
adolescents
Negroes
drug addicts
lenient sentence
parole
*
President's Commission on haw Enforcement and Administration of Justice, The Challenge of Crime
in the free Society (Washington, D.C.U.S Government Printing Office February, 1967) p.1.
17
Elmer Hubert Johnson , Crime Correction, and society, Elmer Hubert Johnson,1974, p.4-5.
14
18
Ibid, 18-19.
19
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p 33.
15
Some persons who no doubt are guilty are not even tried because the
evidence against them is in sufficient for conviction. Moreover, the many
minor offenders are not sent to prison even if guilty; they serve short sentences
in jail one fined or dismissed with a reprimand from the judge.
In general, then we may say that criminal statistics one incomplete
figures. In addition the bases upon which they are made limit the statistics to a
mere approximation of the numbers of offenders. 20
prerequisite
revealing
cleared up
burglaries
correlate
arrest
juvenile court
reprimand
detention
proportion
reported
approximation
20
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p.37-39.
1
CHAPTER II
initiate
monographs
moralists
reformers
enigma
immorality
1
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.116.
2
non-existent
utopia
aberration
vainly
causational
misguided
impulsive
For reasons too subtle and too complex to understand, the ordinary
pressures and expectancies that pattern the individual's conduct into conformity
break down in given inseances. They have always done so, they always will.
No way of drawing the scheme of good life has yet needs of human being at all
times.
subtle
expectancies
inevitable
3
refuted
traces
defects
apt
trail
overlooks
motivating force
concede
overemphasize
hailed
drop out
sight
battleground
forces of good
evil
sinned
allied
5
devil
inherent
Phrenology
acclaimed
crops up
decline
Theories crime that had some basis in Factual studies, rather than in
philosophy or pseudo science, fail into Four general classes; sociological,
Physical or biological, psychological, and psychiatric. In Western Europe and
United States, the theories first appeared in much the same order. At present all
four approaches are represented in theories that sometime overlap and
corroborate each other and sometimes contradict. In the past there is still no
single, generally accepted point of view regarding the causation of criminal
behavior.3
3
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955) ,p .313- 315.
6
Factual
pseudo
psychiatric
overlap
corroborate
contradict
Content of
School Date of Original Methods
Explanation
Schools of Criminology
proponents
integrated
causation
Adherents
approximations
Ecology
Clinical
anticipated form the same act, or the algebraic sum of pleasure and pains from
one act may be balance against the algebraic sum pleasure and pains from
another act.4
Its main exponent were "Beccaria" and "Benthem" The classical school
was based on rationalism, according to which men enters into certain
relationships with his follows. Benthem made application of that psychology
legislation and Beccaria made application of it to penology. Benthem was
presumed to have innately, the power to choose light from wrong. According to
his psychology men governs his behavior by consideration of pleasures and
pains. In the other way the pleasure and pain theory of men's action
(Hedonism) was also incorporated into the theories of the classical school of
criminology.
Classical School
hedonistic
anticipated
algebraic
exponent
rationalism
penology
innately
4
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p. 52-53.
9
The leader of this school was concerned primarily with the distribution
of crimes in certain areas, both geographical and social. There were interested
in crime as a necessary expression of social conditions. Quetelet and A.M
Guerry were the leaders of this approach in France, and they had a large
number of followers in that country and in England & Germany. The school
flourished from about 1830 to 1880.
Not only did the adherents of this method analyze the distribution of
general crime rates but they made special studies of Juvenile delinquency and
of professional crime which are comparable with those of present generation
and superior to anything in the interval between 1880 and the present. This
period in the history of criminological theory was practically unknown to the
present generation of criminologists until it was "re-discover" by Linda smith
and Levin. They have listed a very large number of factual studies by this
method.
Cartographic School
geographic school
ecological
flourish
superior
interval
Preconceptions
hypothesis
postulate
5
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.54.
11
arm-chair
speculation
birth
12
stigmata
anomalies
asymmetrical
cranium
scantily beard
predisposed
reversion
savage
atavism
degeneration
akin
determinism
"born criminals"
Mental Testers
feeble mindedness
asserted
13
Psychiatric School
Morphological traits
psychos
epilepsy
disturbance
disrepute
6
John, L Crillin, Special Factors Affecting the Volume of Crime in physical Basic of Crime ,1914
p.53-57.
14
interaction
inheritance
frustration
psychiatry
Sociological School
15
sub-societies
stratification
unreliability
aggression
7
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p .54-55.
16
It has long been accepted that the city outdistance the country in
delinquency and crime rate. In general we can only on the number of arrest by
police and other peace officers for statistical material that will yield crime
indexes. Hence the efficiency of the apprehending authorities is a serious
variable in comparing crime rates in urban and rural areas.
The crime problem in areas outside cities is about half that inside cities
per unit of population. These "rural areas "including the urbanized fringe areas,
report more crime per capita in certain categories then some cities.8
Outside the loop (downtown) the delinquency rate tends to decrease. A
high rate tends to decrease section decreasing to a low rate in the out lying
residential districts .An industrial or business section encroaches on less stable
residential areas, the rate incerase.
The well- ordered residential neighborhood tends to have low rate of
delinquency. It seens than that the location of area in the city as a whole does
not determine the delinquency rate, but rather proximity to and industrial or
business section.
Poverty may simply be a charactoriestic of groups not well adjusted to
unban economic life and by implication not well adjusted.
It may also cause certain person to crave the luxuries or even the necessities
that they are others enjoy, see pictured in motion picture, or read about
advertisement. They may therefore steal as an easy way to obtain money to
satisfy these needs and desires.
Another characteristic of urban delinquency areas is in the mobility of
population. The area with a rapidly decreasing population was characteristic of
those areas in which business and industry were expending, and taking over
territory formerly used for residences. Areas near the outer adage of the city
that were essentially residential exhibited and increasing population.
The population of urban delinquency area tends of the economic and
social discrimination. The national and racial backgrounds of these people
therefore vary in different cities and also at different periods of time.
17
clog
adolescent
misconduct
slums
yielded up
careers
tolerate
indexes
urbanized
fringe areas
downtown
encroach
proximity
adjust
crave
mobility
adage
8
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.144.
18
The home has primary tasks to fulfill for its young, to shelter and
nourish infancy in comfort, without inflicting damage of premature anxiety,
enable to Child to win health, virility and social esteem, to educate it to meet
behavior codes of the community, to respond effectively to human situation
which produce the great emotions, love, fear and anger; to furnish practice in
the art of living together on a small scale where human relationships are kindly
and simply; finally the home has as it supreme task the weaning of youth, this
time out from the breast of the mother, but from dependence, from relying too
much on the kindness and simplicity of home, so that youth may not fail to
become imbued with joy of struggle, work and service among sterner human
relationships outside.11
10
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.171.
11
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.180
19
The family units are expected to train children efficient way, so that they
will not become delinquent, there is no real science of child rearing, and such
knowledge as is developed is not available to or utilized by many families.
The take of the child training was comparatively simple in early society
but has become extremely difficult in modern life. In preliterate life both
parents culture, as were also the grand parents, other relations and neighbors.
The result was a steady and harmonious pressure upon the child which formed
his character without difficulty and with a minimum of conflicts. This is
impossible in modern society, where the person in charge of training of the
child cannot be consisted. Parents are in conflict with each other, with
grandparents, with school teachers, and with movie actors. Moreover, parents
are in conflict, probably more than previously, for the affection of the child.
In this situation harmonious pressure of consistent authorities is
impossible. It is not even possible for one parent to be consistent with himself
for he does not have the support of a consistent culture to keep his policies
stable. These inconsistencies undoubtedly affect the degree of obedience which
parents can exact from children and, generally the degree to which children can
be controlled. Further obedience and control depend largely upon the prestige
of the parents, and this affected by both the consistency of demands they make
upon a child and their status in the community.
The poverty physical features, competitive ability and comparative
attainments, language and social status of the parents in comparison with other
persons with whom the child is acquainted, may destroy the prestige of the
parents so that the behavior patterns presented are relatively ineffective.
The homes from which delinquent children come are frequently
characterized by one or more of the following conditions:-
(a) other members of the family criminalistic, immoral or alcoholic.
(b) absence of one or both parents by reason of death, divorce, or
desertion.
(c) lack of parental control through ignorance, blindness or other
sensory defect or illness.
20
Plasticity
intimate
law-abiding
12
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.172.
13
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.181
21
well-integrated
duplicated
utopia
strains
set down
furnish
premature
anxiety
imbued
stern
preliterate
harmonious
inconsistencies
prestige
acquainted
criminalistic
immoral
alcoholic
desertion
sensory defect
uncongeniality
interfering relatives
22
racial
bickering
"pushed around"
ridiculed
authoritarian
old-fashioned
relegate
passive
clinics
"outgrow"
peculiarities
broken home
disorganized
conspicuous
Organized Crimes
mobs
shoplifters
confidence men
accomplishing
common land
dictates
intrude
Standardized
hideouts
14
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955),p.148.
24
15
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p .148-137
25
thrill
athletics
roaming
craps
amorphous
indulge
jack rolling
accessory
hoodlum
fences
locale
shifts
seaboard
cleverness
capture
CHAPER III
Ecological
delinquency
strains
general thesis there grew a brilliant series of studies that have made their mark
on sociology and social investigation.
pioneering sociologist
analogy
In Frederic Thrasher's The Gang , one work growing out of this era,
involves a study of 1,313 gangs in Chicago and indicates their concentration in
a twilight zone of factories and railroads radiating from the central Loop
district.
twilight zone
radiate
mid-positions
delinquent
transitional
appraisal
upswing
metropolitan
It may be noted that Thrasher's work called attention to the appeal of the
gang for adventurous recreation, to the gang's importance as a social group, to
its cultivation of an intense spirit of loyalty, and to other qualities it possesses
that have social values. His studies revealed some of the requisites that must be
built into activities to remedy anti-social effects of gangs-requisites that are
adequate substitutes for gang traits. But the outstanding and immediate
ecological factor of Professor Thrasher's book was the mapping and
description of gangland.
cultivation
intense
revealed
anti-social
4
gangs-requisites
traits
mapping
gangland
Much the same regions were the subject of the late Clifford B.Shaw's
Delinquency areas, which developed the fact that delinquency rates are high in
the center of Chicago and progressively lower at greater distances from the
center and from industrial areas. This picture of Chicago, where the
"delinquency area" concept was born, was paralleled by similar findings for
other cities.
progressively
parallel
pre delinquency
truancy
incipient
clustered
defend
congest
5
disorganized
adjacent
warehouse
suburban
encroach
sordidness
The people who move into these more or less abandoned neighborhoods
are marginal; they hover around the bare subsistence level. Immigrants,
Negroes from the south, migrant families, and others attempting to "break in"
to the precarious economic life of a great city, of necessity gravitate to these
neighborhoods.
Marginal
hover around
bare
subsistence
6
Immigrants
migrant
precarious
gravitate
impoverished
disintegrate
overpower
feeble
overcrowding
degenerative
deterioration
7
Shaw made it quite plain that there is a definite relation between his
delinquency areas and juvenile delinquency. In addition, he demonstrated a
serious relation between delinquency and recidivism, showing that an area that
has a high rate of delinquency also has a high percentage of recidivism among
the delinquents.
Recidivism
Yet, as W. Lloyd Warner and Lunt showed in their The Social Life of a
Modern Community, there is a differential treatment of persons in slum areas, a
fact frequently area concept.1
They show that the high arrest rate by the police in these areas is not
necessarily an index of real delinquency and crime for a city. Police are not
"fixed" to refrain from arresting in such neighborhoods, as is the case in many
well-to-do areas of a large city. This salient fact must always be borne in mind
when we appraise the high delinquency rate of blighted neighborhoods.
well-to-do
blighted
In their later book, Juvenile Delinquency and Urban Areas (1942), Shaw
and his colleagues expanded their research to include several to those reported
and described in their earlier work.
The conclusions reached by Shaw and his associates are that group
delinquency, which characterizes much of our modern crime, is deeply
imbedded in the roots of modern community life; that attitudes prevailing in
metropolitan centers seem to sanction delinquency through the conduct,
speech, and gestures of adults with whom city juveniles come in contact; that
the competing values of modern life confuse the growing boy and encourage
him to seek a life of excitement in which he can gain a satisfying status with his
kind; and that year after year this situation grows more serious. Any solution,
1
.W.L loyd Warner and Paul S. Lunt, The Social Life of a Modern Community (New Haven & Yale
University Press, 1941), p.376
8
these writers feel, must come from community agencies focusing their attention
on the setting or neighborhood life form which these young delinquents
emerge.
imbedded
gestures
competing
In general, studies of other cities confirmed his findings for Chicago that
major ganglands and delinquency areas had housing conditions; no play spaces
except streets and vacant lost and railroad yards and track; heavy employment
of underage children; much truancy; heterogeneous racial make-up; a
population that is decreasing, mobile, and dense; industrial and commercial
crowding; poverty and family dependence in addition to locations that are
centralized and interstitial or transitional. Intensive studies of specific
criminogenic areas inside certain cities now further developed these
characteristics.
vacant
heterogeneous
racial
make up
Intensive
criminogenic
maps of cities and areas of cities. In more recent years the emphasis seems to
be away from the ecological approach.
plethora
Critical
There have been very few studies in the past twenty years emphasizing
this once popular approach. This is due to two factors, at least. One of these,
pointed out by Sophia Robison in here provocative book, Can the delinquency
be measured is that the term "delinquency" is so variously defined and
considered, and so subjectively interpreted, that it cannot be used as a unit of
measurement. As she states:
subjectively
interpreted
persists
furnish
2
Sophia Robision, Can Delinquency Be Measured? (New York: Columbia University Press, 1936),
p.4
3
Sophia Robision, Can Delinquency Be Measured? (New York: Columbia University Press, 1936),
p .210.
10
The second factor that tends to militate against the area concept is the
psychiatric approach to the problem of maladjustment and delinquent behavior.
Although no one can deny that the great bulk of delinquency comes from the
blighted areas of our large cities, this fact cannot obscure the existence of much
delinquency in the homes of the economically favored.
militate
psychiatric
maladjustment
impressed
4
Franz Alexander and William Healy, Roots of Crime (New York: Knopf, 1935), p.274.
5
William F.Whyte, Street Corner Society. reved (Chicago: University of Chicago Press 1955).
6
Albert K.Cohen, Delinquent Boys (Glencoe, Kllinois: press, 1955)
7
Albert K.Cohen, Delinquent Boys (Glencoe, Kllinois: press, 1955), p.161.
11
contrasts
corner boys
ramifying
apt
non-utilitarian
malicious
negativistic
Another criticism of the area concept is that, while the work done, and
the approach itself, are valuable, they have drawn attention away from the
individual's maladjustment. This maladjustment must always be considered in
diagnosing and treating the delinquent. The area concept also permits divers
people and reform organizations to ride the popular bromides of poverty,
broken homes, poor housing, and the like as the basic causes of delinquency
and crime.
diagnosing
bromides of poverty
information along these lines. State and city planning commissions, preparing
blueprints for improved living conditions or for redevelopment projects, will
find such studies of inestimable value in determining needs.
civic
devoted
inestimable value
Causation
heyday
merit
Criminologist
Differential
assimilates
motivated
8
. Edwin Hl Sutherland and Donald R.Gressey, Principles of Criminology, 5 th edition (Philadelphia:
Lippincott, Copyrigth 1955) p.78
9
For more detailed analyses of the "differential association" theory see: Robert H.C aldwell,
Criminology (New York: Ronald, 1956) pp.181-185; Sheldon Glueck, "Theory and Fact in
Criminology, The British journal of Delinquency, Vol.7, NO.2 (October, 1956)pp.92-109; and
George B.Vold, Theoretical Criminology (New York: Oxford University Press, 1959), pp.194-198.
14
inborn hereditary
intensity
appraised
dissident (
impinge
materialistic
prestige
impelled
dynamic
underprivileged
10
Donald Taft, Criminology, 3rd edition (New York: Macmillan, 1956), Chapter 18.
15
conspicuous
While one may concur with what Professor Taft states insofar as the
total crime picture is concerned-although as with all hypotheses of crime there
is some truth-his thesis does not explain why the majority of the American
people do not succumb to the materialistic and almost arrogant culture that he
describes.
concur
arrogant culture
venality
contends
generic
vulnerabilities
16
categorize
The former are the weaknesses of the individual when confronted with a
situation which may precipitate delinquent or criminal behavior. He lists these
as the situation, the social order, pressures and weakness in the milieu.
Categorist's risks are persons, who are most likely to engage in crime, become
arrested, or admitted to institutions.11 In essence, this approach fits into what
has sometimes been referred to as "actuarial sociology.12
confronted
precipitate
milieu
actuarial
naïve forgery
crisis
closure
11
Walter C. Reckless, "The Etiology of Delinquency and Criminal Behavior, "Social Science Research
Bulletin, No., 50 (1943) ,p.131-137.
12
Marshall B. Clinard, "Sociologists and American Criminology", J.Crim. Law, Vol.41. No.5(January-
February, 1951), p.549-589.
13
"An Isolation and Closing Theory of Naïve Check Forgery, "J.Crim.Law. Vol44, No.3 (September-
October, 1953), p.296-307.
17
apprising
arsenic
poisoning
gangsterism
racketeering
feasible
homogeneous
individual. Some maintain that the "typical criminal (is) no more or less
disorganized emotionally than the typical noncrimial."15
disorganized
However, others maintain that the criminal is a deviant who has been
unable to adjust himself to conventional sanctions imposed by society due to
inadequate and unfortunate interactions with parents and primary group
contacts. It is in this latter area that we find some agreement between the
sociologists and the psychiatrists.
We referred earlier to the thesis suggested by Professor Albert K. Cohen.
In his analysis of the culture of the gang, he sees much delinquency flowing
from a subculture that persists primarily in many urban areas, generation after
generation.
Subculture
working class
conventional
materialistic
14
The Crime Problem (New York: Appleton, 2 nd edition,1955), p.111-114.
15
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p.708
17
WC, Bailey, Coben, delinquent Boys,1956, p.25.
19
hypothesis
random
compulsive
constructive
unify
Embrace
20
affection
prestige
hostility
frustration
segmental
CHAPTER IV
Introduction
The history of imprisonment in the societies reveals a trend toward
emphasize on treatment and away from punishment. The view which is now
formally expressed by most prison leaders is that the prison should make every
possible effort to treat prisoners within the framework of a system of security.
reveals
trend
reformation
impedes
futile
rooted
attitudes
prevail
imprison
reflection
societal
reactions
assigned
transition
Getting off
Substitutes
conceives
status quo
induce
efficient direction of future policies. Thus for this natural history of has not
been written except in scattered and unorganized.
Utilitarian
prerequisite
scattered
unorganized
reputation
incidental
the modern methods of dealing with criminals, especially in the juvenile courts,
are punitive. 1
surgical
defect
confinement
juvenile courts
mutilation
branding
humiliation
fines
forfeits of property
banishment
transportation
1
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.328.
2
Walter C. Reckles , "The Crime Problem" 4th edition, (1967) , p.497.
6
hanging
execution
electrocution
crucifixion
burning
incarceration
dungeons
guardhouses
galleys
houses of correction
penitentiaries
barbarous
flog
dismemberment
disfiguration
humiliation
accomplish
pillory
ducking
Some of the above-mentioned forms of punishment are more
characteristic of advanced than of unadvanced societies, of advanced than of
unadvanced societies. Imprisonment, for example, rarely occurs in primitive
groups. The idea of imprisonment for punishment of offenders may have been
7
prisoners of war
In advanced societies that enveloped tribunals of justice, some kinds of
detention places or jails were needed to confine offenders until they were called
for trial. However, long term imprisonment in a convict prison as a penal
sentence did not become prevalent in Western civilization, that is, in Europe
and America, until the nineteenth century3.
enveloped
tribunals
convict prison
penal
sentence
The principal trends in the study of punishment are to be found in the
development of exemptions, pardon, and commutation; the decline in the
severity of punishments, including corporal and capital punishment; the growth
of imprisonment and its modifications and substitutes, such as remission of
time for good behavior, indeterminate sentences, suspended sentences,
probation, conditional release, parole, short sentences, and fines4.
pardon
commutation
severity
corporal punishment
remission
indeterminate
3
Walter C. Reckles , "The Crime Problem" 4th edition, (1967), p.497.
4 Ibid, p.520.
8
suspended sentences
probation
release
parole
5
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.348
9
mitigating
marslaughter
In England imprisonment was used in a few cases in the Anglo-Saxon
period, as in the law of A.E. The slgton, which provided that a person convicted
of murder should be imprisonment for 120 days before he could be redeemed
by this kinsmen, and 40 days for theft. Henry II provided a penalty of
imprisonment for one year for perjury in a grand assize, and Henry III provided
the same penalty for branches of the forest law. In 1241 some Jews convicted
of circumcising a Christian child were ordered either to pay twenty thousand
marks "on else be kept perpetual prisoners". But it was the reign of Edward I in
the last half of the thirtieth century that imprisonment came into extensive use
in England, though it was used primarily as a "squeezer" or means of securing
fines.
redeemed
kinsmen
perjury
assize
squeezer
The condition of prisons in ancient times was well represented by the
combination of the symbols for house and darkness. In general the sanitary
6
Sutherland and Cressey, Principles of Criminology, 6th edition (1968), p.348.
10
conditions were awful, chains were frequency loaded on the prisoners; no work
was provided, the prisoners were generally permitted to congregate as they
wished within the institution.
congregate
Thus, in general, until about the last part of the thirtieth century in
England and probably a little later in some of the continental countries
imprisonment as a penalty was used only for very restricted groups of
offenders. It is, therefore, a comparatively modern method of dealing with
offenders, though its roots run back to the earliest societies. 7
gambling
feasting
grafting
Jailers
7
Ibid, P.339.
8
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), P.340.
11
forced labor
In 1602 Queen Elizabeth appointed a commission to make arrangements
for commuting other penalties to galley labor, so that offenders may be "In
such sort corrected and punished that even in their punishment they may yield
some profitable service to the common wealth".
commuting
yield
In the seventeenth century in France the courts were ordered to refrain
from other methods of punishment as much as possible in order to provide
crews for galley. Those who could not work in the galleys, such as women,
aged and infirm, were frequently imprisoned during this period, and when the
galleys were abandoned, the former slaves were held in bulks on the shores or
in arsenals.9
infirm
imprisoned
abandoned
arsenals
9
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), P.341
12
during the larger part of their history in England and America, and no attempt
is made in the present discussion to differentiate them.
encroachments
Sturdy beggars
The house of correction appeared in England about the middle of the
sixteenth century, when, on the petition of Bishop Ridley of Landon for help in
dealing with the "study vagabonds" of the city, the king gave his palace at Bred
well to be one of the "hospitals of the city", for the "lewd and idle" and a place
for the employment of the unemployed and the training of children. The house
of correction developed in much the same way on the continent. It began a little
later, but was used more extensively than in England.
vagabonds
A house of correction was established in Waldheim in 1716 with the
lower floor for criminals and the upper floor for paupers and orphans, and with
complete separation of the sexes on both floors. On entrance the criminals
received a "welcome" of ten lashed; work was compulsory and silence was the
rule. The staff of institution included a chaplain a teacher and a physician who
was distinctly note worthy at that time.
paupers
orphans
lashed
During the first century of its history this institution received 13954
people, of whom 7921 were criminals, 4642 paupers, and 1391 orphans.
Practically half of the criminals were convicted of theft, a fourth of begging
and vagrancy, and an eight of sexual offence; 270 of them were convicted of
homicide, which was generally infanticide. Perhaps the most famous house of
correction on the continent was established in Ghent in 1775 under the
direction of Viscount Vilian XIV. Wines state that this institution used
practically all the essential principles of modern penology10.
vagrancy
homicide
10
Sutherland and Cressey, Principles of Criminology, 6th edition (1968), p 342-343
13
infanticide
penology
secular
exile
14
subtle
mutilating
blandishment
transpiration
Almost all changes occurring in prisons prior to the present generation
were directed, explicitly or implicitly by the doctrine that restriction of a
criminal's liberty is by itself, punishment and that this punishment is adequate
for meeting the societal needs for retribution, deterrence, and reformation. In
the early days of their existence, democratic societies were not sure of
themselves-they deprived criminals of their freedom and also inflicted physical
suffering on them. Most prison officials now maintain that men are committed
to prisons as punishment rather than for treatment.
retribution
deterrence
deprived
Yet "more imprisonment" continues to be ordered because it is painful
to offenders. It is no coincidence that imprisonment as a system for dealing
with criminals arose with the democratic revolutions of the Eighteenth century.
Neither is it a coincidence that imprisonment has remained as the principal
method for dealing with serious offenders in democratic societies.
coincidence
As democracy developed, do did an appreciation of liberty and
restriction of freedom by imprisonment come to be regarded as proper system
for imposing pain on criminals. It was in this period that our current system of
criminal laws, each law calling for a measured amount of loss of freedom and,
thus, a measured amount of pain, was initiated.12
Within the prison, the attempt to perform the duties necessary for the
accomplishment or the various tasks assigned reformation, incapacitation,
retribution, and deterrence, results in conflict. Especially, the conditions
necessary for the performance of the first task, reformation, may be in conflict
with the condition necessary for exacting retribution and for maximum in
11
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.345.
12
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), P458.
15
Inhumane
Unrealistic
Here, the punitive conditions are mitigated in favor of treatment
conditions and treatment conditions are modified in favor of the punitive
aspects of imprisonment. This really does not resolve the conflict; it merely
makes it less intense. Finally, the problems have been resolved by formally
maintaining that the prison both treats and punishes, while informally
abandoning almost all conditions conducive to effective treatment. 13
As the treatment reaction became popular differentiation was to be made
on the basis of individual needs and probable reform ability of inmates, and
13
Ibid,p.461-462.
16
14
Sutherland and Cressey, Principles of Criminology, 6th edition (1968),p. 461-462
17
prisoners. In fact in this acceptance they may lose some of their tensions and
conflicts and find a form of security.15
warden
15
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p.595-598.
16
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968) p.481-482.
19
centuries, and imprisonment will be with us for some time to come. What is
needed rehabilitation theory and practice which explicitly face the fact that in
our present society prisons must, by definition, be abnormally restrictive and
thus, punitive.
recidivism
felonies
Flogging
Whipping
Sometimes a criminal was ordered to leave a community and was
whipped all the way to the next. The ears might be cut off or the tongue slit and
in early times hands or legs were cut off. Boring the tongue with a red hot-
spike was a punishment reserved for those who offended in certain ways by
their conversation or gossip. A letter signifying the crime might be branded on
the person's cheek, forehead, or hand. The ducking stool in which the offender
was placed and then plunged into a pond was another form of punishment. The
stocks and various modifications were in common use. When vessels were
propelled by oars, criminals were condemned to be galley slaves.
slit
gossip
plunged
propelled
20
oars
Death or capital punishment was common, even for minor offences, and
was inflicted on children as well as adults. In England as late as 1820, there
were 222 capital offences. We think of capital punishment now in terms of
swift and relatively painless methods. The earlier forms were extremely painful
and might consist of liberally tearing the offender limb from limb, of burning
the living offender to death, crushing him, throwing him into boiling oil, or
impaling him on a sharp stake. Sometimes a person was half killed, then
revived, and again submitted to torture.
inflicted
swift
crushing
impaling
revived
In the past many of punishments were carried out in public, and those
that left a physical mark branded the offender for life. The public often
ridiculed or scorned him, a humiliation that added to the punishment. After
colonies were established, England and other countries transported criminals to
their colonies, a practice that some countries still continue. The limited states
did not adopt this system, having no colonies in remote parts of the world. In
the sixteenth century England and various countries on the continent
established workhouse to which vagrants, braggers, prostitutes, and other minor
offenders were sent. Debtors, unable to pay their debts, were also imprisoned.
ridiculed
scorned
humiliation
vagrants
braggart
prostitutes
The term "workhouse" was applied literally the offenders sent there
were required to work at such occupations as spinning, wearing, making fish
21
nets, or manufacturing rope and lace. In the eighteenth century strong reform
movements were started, led by John Howard in England and Cesare Beccaria
in Italy, to discard severs physical tortures and the use of capital punishment.
Gradually imprisonment was substituted.17
Spinning
lace
discard
severs
Societies tend to accumulate and develop their own particular complex
or system of punitive practices. It is not enough to be aware that a society uses
imprisonment: it is vital to understand that it sentences offenders on such-and-
such terms to such-and-such penal institutions for such-and-such offenses. The
incarceration and offender in a dungeon to a far different thing from sending
him to a juvenile reformatory, both are forms of imprisonment or, according to
Sutherland's classification, from of removal from the group but these two
specific usages are so markedly different in pattern that neither the Punishment
system of the first society nor punishment system of the second can be
understood by insisting that both societies imposed incarceration. For the
purpose of studying specific punitive patterns, on the other hand, the system of
punishment in any society is significant-whether from present-day America,
colonial New York, or seventeenth century, France.18
accumulate
dungeon
juvenile reformatory
imposed
17
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955),. 489-491.
18
Walter C. Reckles, "The Crime Problem" 4th edition, (1967),p.499.
68
69
70
71
1
Sutherland and Cressey, Principles of Criminology, 6th edition (1968), p.566-570
72
73
2
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955),p.627.
74
75
3
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.575-587.
4
Sutherland and Cressey, Principles of Criminology, 6th edition (1968),p. 421
76
77
78
79
5
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p 424-429.
80
81
82
83
79
80
1
Barnes and Teeters, ''New Horizons in Criminology" (1966), 3th edition , p.69.
81
2
C,L Barnhart and Jess Skin," The American College Dictionary'', (1968), p. 665
3
J. B. Sykes, 'The Concise Oxford Dictionary" (1983) 7th edition, p.545.
82
83
4
U.N. Bulletin of Human Rights. 81/2/ The Rights of the Child, 1992, p.2.
5
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982). p.4.
84
6
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982). p.4
7
The Myanmar law Institute Journal, Vol II, No. 2 ,(1959) June, p. 187.
85
8
J. P Kenney and D. G. Pursuit, ''Police Work with Juveniles,'' 3 rd edition (1969), p.15,16.
9
J. P Kenney and D. G. Pursuit, ''Police Work with Juveniles,'' 3 rd edition (1969), p.15,16.
10
M.L. Chardak, ''Law Terms and Phrases'' (1973), Allahabad, p.;464.
11
A. S. Hornby. '' The Advanced Learners Dictionary of Current English.'' p.306.
86
12
E.H Sutherland and Cressey, Principles of Criminology, 6 th edition (1939), p.302.
13
The Myanmar Code, Volume VIII, (1959). p.36
87
14
The American Heritage Dictionary of the English Language, by William Morris.( 1969). P 712.
15
The Myanmar Law Institiute Journal, Volume 1, No. 1(1925) June P.187.
88
89
90
16
Clemens Bartolla, Juvenile Delinquency, 9th edition, (1985), p.240
91
17
Barnes and Teeters, ''New Horizons in Criminology" (1966), 3 th edition , p.180
18
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982), p. 233
92
19
Arnold Binder, Gilbert Gies, Dickson Bruce, ''Juvenile Delinquency", (1988) , p.89
93
20
Arnold Binder, Gilbert Gies, Dickson Bruce, ''Juvenile Delinquency", (1988), p .93.
94
95
21
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982),p.241-242.
96
22
Clemens Bartolla, Juvenile Delinquency, 9th edition,(1985),p.269-274.
23
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.203
97
24
Clemens Bartolla, Juvenile Delinquency, 9th edition,(1985),p.301.
25
Clemens Bartolla, Juvenile Delinquency, 9th edition,(1985),p.304-305.
98
99
26
Barnes and Teeters, ''New Horizons in Criminology" (1966), 3 th edition , p.179-180.
100
101
95
96
1
John P. Kenney, ''Police Work with Juvenile'', 3rd edition (1969), p.26
97
2
John P. Kenney, ''Police Work with Juvenile'', 3rd edition (1969), p.26
98
3
J. P Kenney and D. G. Pursuit, ''Police Work with Juveniles,'' 3 rd edition (1969),p. 27.
99
4
Clemens Bartollas. ''Juvenile Delinquency'' 2nd edition, (1990),p. 527
100
5
Barnes and Teeters, ''New Horizons in Criminology" (1966),p. 603.
101
-
102
6
Clemens Bartollas. ''Juvenile Delinquency'' 2nd edition, (1990),p. 527.
103
104
7
Barnes and Teeters, ''New Horizons in Criminology" (1966), p. 621-622
8
Clemens Bartollas. ''Juvenile Delinquency'' 2nd edition, (1990),p. 508.
105
106
9
Barnes and Teeters, ''New Horizons in Criminology" (1966), p. 621-622.
10
Ibid, p. 618.
107
108
11
Barnes and Teeters, ''New Horizons in Criminology" (1966),p.620.
109
110
107
1
E.H Sutherland and Cressey, Principles of Criminology, 6 th edition (1969), p. 397.
108
2
E.H Sutherland and Cressey, Principles of Criminology, 6th edition (1969), p. 397
109
3
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982),p. 363.
4
Ibid.
110
111
5
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982),p..364-365.
112
113
114
115
6
Katharine Lenroot, the juvenile court today, 1944, p.10.
116
7
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982),p.369-370.
117
8
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.339.
118
119
9
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.339.
120
121
122
10
E.H.Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p. 590-598.
123
124
125
126
11
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968). P.600-604.
127
12
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p. 605-606.
128
129
130
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151