Discuss in detail “Classical” and Neo-Classical School of Criminology.

A: Introduction:
The term “criminology” can be used in both a specific sense as well as a general
sense. It is a study that involves the use of science and is not a complete
science; it involves all the subject matter necessary for understanding how and
why the crime was committed and the numerous ways it can be prevented so
that in the future the law and order are not disturbed. They do involve the study
of criminals and criminal justice, along with the study of criminology.
To find a rational explanation of crime, many theories have been propounded.
Multiple factors such as evil spirit, sin, disease, heredity, economic
maladjustment, etc., have been put forward either singly or together to explain
deviant behaviour. As pointed out by G.B.Vold, some prominent factor affecting
crime causation are physical built or deformity, religious faith, frustration, lust,
etc. these heterogenous factors known to be associated with crime and
criminality needed to be organised, arranged and integrated by means of
explanatory theories systematically explaining the causation of crime and
criminality. The scientific explanation of criminal behaviour are stated in the
form of different theories, known as various ‘Schools of Criminology’.
While explaining the meaning of ‘Schools of Criminology’, Sutherland pointed
out that it connotes the system of thought which consists of an integrated theory
of causation of crime and the policies of control implied in the theory of
causation. Each school of criminology tries to explain the causation of crime
and criminal behavior in its own manner and suggests punishment and
preventive measures for the same. It must also be stated that each of the school
represents the social attitude of the people towards crime and criminal during
the given time period.
History:
The history of primitive societies and early medieval period reveals that
human thinking in those days was predominated by religious mysticism and all
human relations were regulated through myths, superstitious and religious tents
prevailing in a particular society. This in other words, meant that little attention
was devoted to the motive, environment, and psychology of the offender in the
causation of crime. This situation prevailed until the end 17Th Century. The
systematic study of criminology was first taken up by the Italian Scholar, Cesare
Bonesana Marchese De Beccaria (1738 – 94) who is also known as founder of
modern Criminology.
There are various schools of criminology such as Pre-Classical School of
Criminology, Classical School, Neo-Classical School, Positive School of
Criminology, etc.
The Classical School of Criminology
During the middle of eighteen century Beccaria, the Pioneer of modern
criminology expounded his naturalistic theory of criminality by rejecting the
omnipotence of the evil spirit. He laid greater emphasis on the mental
phenomena of the individual and attributed crime to ‘free will’ of the individual.
Thus, he was as much influenced by the utilitarian philosophy of this time
which placed reliance on hedonism, namely the ‘pain and pleasure theory’. As
Donald Taft right put it, this doctrine implied the notion of causation in terms of
free choice to commit crime by rational man seeking pleasure and avoiding
pain. The main tenant of Classical school of criminology are noted below:
1. This theory is based on the assumption that an individual can control his
conduct by exercising his power of will and mind. Thus, human
behaviour is ‘self-generated’ and ‘self-control’. The fear of punishment
can bring a change in human ‘will’ and persuade him to desist from
committing crime.
2. It is the act of an individual and not his intent which forms the basis for
determining criminality within him. In other words, criminologist are
concerned with the ‘act’ of the criminal rather than his intent.
3. The Classical writers accepted punishment as a principle method of
infliction of pain, humiliation and disgrace to create fear in man to
control his behaviour.
4. The prepounders of this school considered, prevention of crime more
important that the punishment for it.
5. The advocates of Classical School supported the right of the state to
punish the offenders in the interest of the public security. The emphasis
should be on the certainty of punishment and the loss of the expected
benefit. Everything beyond this, accordingly, is surplus and, therefore
tyrannical.
6. The exponents of the classical school further believed that the criminal
law primarily rests on positive sanctions. In their opinions the judges
should limit their verdicts strictly within the confines of law. They also
abhorred torturous punishments.
Advantages of the Classical Theory
1. The greatest achievement of this school of criminology lies in the fact
that it suggested a substantial criminal policy which was easy to
administer without resort to the imposition of arbitrary punishment.
2. This theory humanises the criminal law by insisting on natural rights of
human beings.
3. It raised voice against severe punishment, torture and death penalty.
4. This theory stressed on the need for criminal code in France, Germany
and Italy to systematic punishment for forbidden acts.
5. As a result of this theory number of European countries redrafted their
penal codes mitigating the rigorous barbaric punishments and some of
them even went to the extent of abolishing capital punishment from their
Penal Codes.
Disadvantages
The contribution of Classical school to the development of rationalised
criminology thinking was by no mean less important, but it had its own
pitfalls.
1. The major shortcoming of the Classical school was that it proceeded on
an abstract presumption of free will and relied solely on the act (i.e. the
crime) without devoting any attention to the state of mind of the criminal.
2. It never thought of crime causation.
3. It erred in prescribing equal punishment for same offence thus making no
distinction between first offender and habitual offender and varying
gravity of the offences.
Beccaria’s view provided a background for the subsequent criminologists to
come out with a rationalised theory of crime causation which eventually led
the formation of the positive criminology and penology.
Relevant Provisions
Indian Penal Code (IPC): The IPC, which is the main criminal law statute in
India, reflects the classical school’s principles of deterrence through
punishment. It prescribes specific punishments for various crimes, with the
aim of deterring individuals from committing those crimes.
Neo-Classical school.
The ‘free will’ theory of the Classical School could not survive for long. It
was soon realised exponents of the Classical School faltered in their
approach. The Neo-Classical School for the first time recognised the need
for the variations in sentencing by judges depending on sex, age, mental
conditions, etc., of the offender. The Neo-Classists asserted that certain
categories of offenders such as minors, idiots, insane or incompetent had to
be treated leniently in matters of punishment irrespective of appreciating the
difference between right and wrong. This tendency to distinguish criminals
according to their mental depravity was indeed a progressive step in as much
as it emphasised the need for modifying the classical thought to the scientific
of criminology has its own merits. The main tenants of Neo-Classical of
criminology can be summarised as follows:
1. Neo-Classical approached the study of criminology on scientific lines by
recognising that certain extenuating situations or mental disorders
deprives a person or his normal capacity to control his conduct. Thus,
they justified mitigation of equal punishment in cases of certain
psychopathic offenders.
2. Neo-Classists were first in point of time to bring out s distinction between
the first offenders and the habitual offenders. They supported
individualism of offender and treatment methods which required the
punishment to suit the psychopathic circumstances of the accused.
3. The advocates of this school started with the basic assumption that man
acting on reason and intelligence is a self-determining person and
therefore, is responsible for his conduct. But those lacking to their
conduct as they do not posses the capacity of distinguishing between
good or bad and, therefore, should be treated differently from the
responsible offenders.
4. Though the Neo-Classists recommended lenient treatment for
“irresponsible” or mentally depraved criminals on account of their
incapacity to resist criminal tendency but they certainly believed that all
criminal, whether responsible or irresponsible, must be kept segregated
from the society.
5. It is significant to note that distinguish between responsibility and
irresponsibility, that is the sanity and insanity of the criminals as
suggested by Neo-Classical school of criminology paved way to
subsequent formulation of different correctional institutions such as
parole, probation, reformatories, open air camps, etc. in the
administration of criminal justice.
6. Neo-Classists adopted subjective approach to criminology and
concentrated their attention on the conditions under which an individual
commits crime.
Advantages of the Neo-Classical school
1. The main contribution of Neo-Classical school of criminology lies in the
fact that it made important to note that the personality of the criminal as a
whole, namely his antecedents, motives, previous life history, general
character, etc, should not be lost sight in assessing the guilt of the
criminal.
2. The origin of jury system in criminal jurisprudence is essentially an
outcome of the reaction of Neo-Classical approach towards the treatment
of offenders.
3. The Neo-Classists focused some attention on mental causation indirectly.
4. It is through this school that attention of criminologists was drawn for the
first time towards the fact that all crimes do have a cause.
Disadvantages
1. The exponents of this theory believed that the criminal whether
responsible or irresponsible, is a menace to society and therefore needs to
be eliminated from it.
2. These abstract notions of ‘free will’ and ‘responsibility’ cannot furnish
legal ground for judges and juries to form a basis for their direction.
Relevant Provisions
The Neo-Classical School has influenced the development of sentencing
guidelines in some jurisdictions, which take into consideration both the
severity of the offence and the individual circumstances of the offender, such
as their criminal history, motivation, and potential for rehabilitation.
Conclusion
The schools of criminology in India provide diverse perspectives for
understanding crime and criminal behaviour. Each school offers unique
insights into the causes and consequences of crime and has influenced the
development of policies and programs aimed at crime prevention, criminal
justice reform, and promoting social justice.
By considering the various schools of criminology, policymakers,
researchers, and practitioners can have a more comprehensive understanding
of crime and develop effective strategies for addressing it. It is crucial to
continue evolving and incorporating interdisciplinary approaches to
criminology to better understand the complex dynamics of crime and
contribute to evidence-based policies and practices in India.