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Introduction to Criminology

Module 2: THE HISTORY OF CRIMINOLOGY

LEARNING OUTCOMES
At the end of the module, the
student should be able to:
➢ Can develop a historical outline of
the criminology history.

OBJETIVES
• Know and familiarize each school of
criminology
• Discuss the holy three of criminology
at the cartographic school of
criminology and write its significant
contribution.

• Understand the history of


WHO AM I? criminology in Philippine setting.

INTRODUCTION

Criminology is one of the fastest growing academic disciplines in the world. It was
developed when various movements, imbued with humanitarianism, questioned the
cruelty, arbitrariness, and inefficiency of the criminal justice and prison systems.
Criminology truly began in Europe between the late 1700’s and the early 1800’s.
Classical school of criminology founders were theorists on crime and punishment
development. These people include writers Cesare Beccaria and Jeremy Bentham.
Criminology represents a diverse body of knowledge that incorporates a wide variety
of approaches. Although few contemporary trends can be applied to the whole field of
study, it is nonetheless the case that much research is increasingly quantitative,
particularly in studies examining the causes of crime.

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LET’S DISCOVER
THE HISTORY OF CRIMINOLOGY

THE SCHOOL OF CRIMINOLOGY

most heated. Some people defended


the old order, under which judges
Classical and administrators made arbitrary
School or whimsical decisions. Others
Neo- fought for the rule of law, under
Classical which the decision making of judges
Positivist
School and administrators would be
School confined by legal limitations.

Beccaria’s words provided the spark


that ultimately ended medieval
barbarism. According to him, crime
a. Classical School of problem could also be traced not to
Criminology bad people but to bad laws.

The main advocate of this school of He proposed the following


thought was Cesare Bonesana, principles:
Marchese di Beccaria (1738-1794).
Beccaria was an Italian writer who 1) Laws should be used to maintain
sought to change the excessive and the social contract.
cruel punishments by applying the 2) Only legislators should create
rationalist, social contract ideas to laws.
crime and criminal justice. His small 3) Judges should impose
book, Dei delitti e delle pene (On punishment only in accordance
Crimes and Punishments), was with the law.
published in 1764 and was well- 4) Judges should not interpret laws.
received by intellectuals and some 5) Punishment should be based on
reform-minded rulers who had the pleasure/pain principle.
already accepted the general 6) Punishment should be based on
framework of social contract the act, not on the actor.
thinking. With the publication of this 7) The punishment should be
small book, he became the “father determined by the crime.
of modern criminology.” 8) Punishment should be prompt
and effective.
The controversy between the rule of 9) All people should be treated
men and the rule of law was at its equally.

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10) Capital punishment should be creating more harm than good, then
abolished. penalties needed to be set just a bit
11) The use of torture to gain in excess of the pleasure one might
confessions should be abolished. derive from committing a crime, and
12) It is better to prevent crimes no higher. The law exists in order to
than to punish them. create happiness for the community.
Since punishment creates
• Freewill principle – believed that unhappiness, it can be justified only
all individuals have freewill and if it prevents greater evil than it
make choices on that freewill. produces. Thus, Bentham suggested,
• Pain pleasure principle - if hanging a man’s effigy produced
understood the dominant motive the same preventive effect as hanging
in making choices to be the the man himself, there would be no
seeking of pleasure and the reason to hang the man.
avoidance of pain. People can
choose legal or illegal means to b. Neo-Classical of Criminology
get what they want; fear of
punishment can deter them from The neoclassical school, which
committing crime; and society flourished in the 19th century, had
can control behavior by making the same basis as the classical
the pain of punishment greater school – a belief in free will. But the
than the pleasure of the criminal neoclassical criminologists, most of
gains. whom were British, saw the need for
individualized reaction to offenders.
Jeremy Bentham – Like Becarria, he They believed the classical approach
was concerned with achieving the was too harsh and unjust. This
greatest happiness of the greatest school of Criminology is a
number,” who argued that the right modification of classical theory; it
act or policy was that which would believed that certain factors such as
cause "the greatest good for the insanity will inhibit the exercise of
greatest number of people", also free will.
known as "the greatest happiness
principle", or the principle of utility Perhaps the most shocking aspect of
(UTILITARIANISM). harsh penal codes in early times was
that they did not provide for the
Felicific calculus – According to separate treatment of children. One
Bentham, individuals are human of the changes of the neoclassical
calculators who put all the factors period was that children under seven
into an equation in order to decide years of age were exempt from the
whether or not a particular crime is law because they were presumed to
worth committing. be unable to understand what is
right or wrong.
Bentham reasoned that if prevention
was the purpose of punishment, and The exemption would cover juveniles.
punishment became too costly by The mental disease became a reason
to exempt a suspect from conviction

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too. It was seen as a sufficient cause The positivist school was composed
of impaired responsibility, and thus of several Italians. Generally, it is
defense by reason of insanity crept associated with CESARE
into the law. Any situation or LOMBROSO (who founded the
circumstance that made it Italian School of Thought), ENRICO
impossible to exercise free will as FERRI, and RAFAELLE
seen as a reason to exempt a person GAROFALO. They were called the
from legal responsibility from what “unholy three” by the religious
otherwise might be a criminal act. leaders during the time of positivism
because of their belief in evolution as
Although the neoclassical school, contrasted to biblical interpretation
unlike the classical, was not a of the origin of man and woman.
scientific school of criminology, it Eventually, they have been called the
began to explore the causation issue. “holy three of Criminology” because
Its proponents made exceptions to their emergence symbolized clearly
the law and implied multiple that the era of faith was over and the
causations. Even today, the much scientific age had begun.
modern law is based on the
neoclassical philosophy of free will Cesare Lombroso (1836–1909) –
tempered by exceptions (Reid, 1997). Influenced by Charles R. Darwin's
theory of evolution, Lombroso
c. Positivist Criminology measured the physical features of
prison inmates and concluded that
The positivist school originated in the criminal behavior correlated with
19th century in the context of the specific bodily characteristics,
“scientific revolution.” The positivists particularly cranial, skeletal, and
rejected the harsh legalism of the neurological malformations. He also
classical school and substitute the believed that there are naturally born
concept of “free will” with the criminals, that criminals are lower
doctrine of DETERMINISM. form of life, nearer to their apelike
ancestors than non-criminals in
They focused on the constitutional traits and dispositions.
approach to crime, advocating the
structure or physical characteristics Insane criminals – are not criminal
of an individual determine that from birth, they become criminal as
person's behavior. Since these a result of some change in their
characteristics are not uniform, the brains which interferes with their
positivists emphasized a philosophy ability to distinguish between right
if individualized, scientific treatment and wrong.
of criminals, based on the findings of
the physical and social sciences. Criminaloids – make up an
ambiguous group that includes
The Holy Three and the habitual criminals, criminals by
Cartographic School of passion, and other diverse type.
Criminology

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Enrico Ferri A brilliant lawyer and QUETELET (1796-1874) and the
public lecturer (1865-1929) – French lawyer ANDRE MICHEL
Although he agreed with Lombroso GUERRY. They started what was
on the biological bases of criminal called Cartographic School of
bahavior, his interest led him to Criminology. In which they worked
recognize the importance of social, independently on the relation of
economic and political determinants. crime statistics to such factors as
poverty, age, sex, race, climate, and
Raffaele Garofalo Italian nobleman, other demographic factors. Both
magistrate, senator and professor of scholars concluded that society, not
law (1852-1934) – Garofalo traced the decisions of individual offenders,
the roots of criminal behaviour not to was responsible for criminal
physical features but to their behavior.
psychological equivalents, which he
called “moral anomalies.” Another scholar who worked
on the relationship of crime and
According to this theory, natural social factors was GABRIEL TARDE
crimes are found in all human (1843-1904). He was of the opinion
societies, regardless of the views of that society played an important role
lawmakers, and no civilized society in creating the criminal. However,
can afford to disregard them. individual choice and chance were
also important to him. Tarde’s major
The following are key assumptions of contribution to the study of the cause
the positivist school of thought: of crime was his concept of the
criminal as a professional type. He
❖ Human behavior is determined believed that most criminals went
and not a matter of free will. through a process of training before
❖ Criminals are fundamentally finally becoming criminal. Moreover,
different from non-criminals. it was an accident of birth or chance
❖ Positivist search for such that put them in an atmosphere of
differences by scientific methods. crime.
❖ Social scientists (including
criminologist) can be objective, or Of all the nineteenth-century
values-neutral, in their work. writers on the relationship between
❖ Crime is frequently caused by crime and social factors, none has
multiple factors. more powerfully influenced
❖ Society is based on consensus, contemporary criminology than
and not on social contract. EMILE DURKHEIM (1858-1917).
According to Durkheim, crime is an
inevitable aspect of society.
During the nineteenth and
early twentieth centuries, some It could disappear only if all members
scholars began to search for social of society had the same values, and
determinants of criminal behavior. such standardization is neither
Among them were the Belgian possible nor desirable. He called this
mathematician ADOLPHE concept anomie (Greek, anonymous,

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without norms), a breakdown of
social order as a result of a loss of Thus, in the curriculum only
standards and values. In a society three or four subjects dealt with
plagued by anomie, disintegration Criminology proper, i.e. explaining
and chaos replace social cohesion. etiology and nature of crime, while
the rest focused on Law Enforcement
Comparison of Classical and Administration, Criminal
Positive Criminology Jurisprudence, Criminal
Investigation and Criminalistics. No
The classical and positivist wonder why since its inception, no
schools had an important impact on research regarding crime causation
the emergence and development of has been advanced by Filipino
criminology. The basic differences criminologists or criminology
between these schools of thought are Organizations. Among the recognized
listed in the following table. organizations of criminology in the
Philippines are the Philippine
Classical Positivist Criminology Educators Association for
Criminology Criminology Education (PEACE) and
❖ A Legal definition ➢ Rejection of legal the Professional Criminologists
of a crime definition
❖ Let the punishment ➢ The crime should fit
Association of the Philippines
fit the crime the criminal (PCAP).
❖ The Doctrine of ➢ Doctrine of
free will determination Both aimed at enhancing
❖ Death penalty for ➢ Abolition of the Criminology profession, although the
some offenses. death penalty
❖ Anecdotal method ➢ Empirical research,
former is more geared towards
– no empirical inductive method. Criminology Education. Because
research method Criminology in the Philippines is
❖ Definite sentence ➢ Indeterminate more of a Criminal Justice, many
sentence criminologists concentrate in their
further studies either in the Law
Enforcement or Criminalistics.
HISTORY OF CRIMINOLOGY IN
PHILIPPINE SETTING In Cebu City, Forensic
Identification and Law
In the Philippines, Criminology Enforcement Academy, offers an
was offered as a course in the in-depth, hands-on training in any of
Philippine College of Criminology the fields of criminalistics, namely:
(formerly Plaridel College) at Sta. Personal Identification (Fingerprint
Cruz, Manila sometime in 1950s. Science), Forensic Photography,
Unlike in other countries, Forensic Ballistics, Questioned
Criminology in the Philippines Documents Examination, Forensic
focused on describing, analyzing, Chemistry and Polygraphy (Lie
and explaining the operations of the Detection).
agencies of justice, specifically the
police departments, courts, and
correctional facilities.

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LET’S DO THESE

DIRECTION:After having read the contents of this module, what realization did
you come up? Did you have prior knowledge about the topics? Please do the
following exercises.

1. Having learned the three earliest and prominent school of criminology, which of there
principles would you like to adopt for policy development? State your reasons. (10 points)

2. Discuss the contribution of each advocates in the field of criminology. (10 points)

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APPLY THESE

DIRECTION: Kindly provide the legal principles of each school of thought and
relate it to the current legal system of the Philippines.

1. Classical School of Thought

2. Neo-Classical School of Thought

3. Positivist School of Thought

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REFLECTION

What are your thoughts on Cesare Lombroso, considered as "The Father of


Criminology"?

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REFERENCES

1. Hess, Karen M. (2018) Introduction to Law enforcement and criminal justice

2. Rajpurohit, G.S. (2016) Criminology: principles and concepts

3. Siegel, Larry J. (2016) Criminology: theories, patterns and typologies

4. Peckley, Miller G. (2010) Essentials of criminology

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