Module in CA 1 Institutional Corrections 2nd Sem 2021-2022 | Hermilinda P.

Orenze

CAGAYAN STATE UNIVERSITY

College of Criminal Justice Education

Module in CA 1 Institutional Corrections

Hermilinda p. Orenze, mscRIM

Topic 5: THE SCHOOL OF PENOLOGY

Introduction

The emergence of criminological thinking is often traced to eighteenth-century criminal

law reformers, such as Cesare Beccaria, Jeremy Bentham, and John Howard who began to
question the legal constructions of crime. These early scholars were concerned with the legal
protections of both the rights of society and those of the individual. 

Intended Learning Objectives

At the end of the topic, students should be able to:
1. Comprehend the concepts of School of penology in the present situation

1. Classical School
This school of thought was advocated by psychological hedonism; that an
individual calculates pleasure and pain in accordance to his actions and regulations. His
conduct is the result of his calculations. It means that a person who commits a crime
knows already what the possible consequence is. The doctrine of school of thought is the
“Doctrine of Free Will”.

2. Positive School of Thought

This school of thought was also advocated by Dr. Cesare Lombroso : known as
the father of Modern Criminology . The positive school of thought opposed the “doctrine
of free will”. Lombroso believes that an individual who commits a crime should not be
punished according to the crime committed but the imposition of the said penalty should
be meted out in to the soundness of the mind of the offender at the time that the offense
was committed. According to Lombroso, the person who committed a crime should not
be punished instead they must be treated as a sick person who did not know what is right
and what is wrong.

3. Neo-Classical School
This approach to penology arose that at the time of the French Revolution and the
period immediately thereafter. It maintains that while the Classical school doctrine in
general is correct, it should be modified in details.

1
 Module in CA 1 Institutional Corrections 2nd Sem 2021-2022 | Hermilinda P. Orenze

It argues that since children and lunatic persons cannot calculate pleasure and pain
hence they should not be regarded as criminals and as such they should not be punished.
The reaction to crime is no longer punitive; punishment is imposed on some law breakers
but not on others. By implication, individual responsibility is taken into account.
Subsequently, it would be necessary for the administrators of justice to consider
the psychology and sociology of crime (Tradio, 1996).