CENTRAL UNIVERSITY OF SOUTH BIHAR

PROJECT-TOPIC

Neo-classical school of
criminology

Submitted by submitted to

Suryakant Dr.pallavi Singh ​B.LLB.(7​th ​semester)

Enrollment no
cusb1613125061

School of law and

governance
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ACKNOWLEDGEMENT

At this point of time I would like to express my gratitude to all those who gave me their
support to complete this project.

I am grateful to my subject teacher who is Dr. Pallavi singh, for giving me permission to
commence this project in the first instance and to do necessary study and research. I
want to thank my faculty members and other faculty members for all their professional
advice, value added time, effort and enterprise help, support, interest and valuable hints
that encouraged me to go ahead with my project.

I am deeply indebted to my colleagues for their meticulous planning, layout,

presentation and above all for their consideration and time.

My heartfelt appreciation also goes to seniors and my classmate for their stimulating
suggestions and encouragement which helped me at each level of my research and in
writing of this project.

Especially, I would like to give my special thanks to my parents, family members and
god whose patient love enabled me to complete this project.

Thanks to all once again for your support for the completion of this
project.
 Suryaka
nt

Content
s

1. Introduction .........................................................................................04

2. Definition of criminology.....................................................................04-05
 3. Schools of criminology............................................................................05

4. Neo classical school............................................................................06-08

5. Limitation of Neo classical school...........................................................08-09

6. Conclusion..........................................................................................10

7. Bibiliography.......................................................................................11

3
Introductio
n:

There is no society that is not confronted with problem of Crime and criminality. Crime is
eternals
society itself is​1 ​. It is best to face the fact that crime cannot be totally abolished except
in an

UtopiaAfter the Enlightenment period (1685-1815), criminology emerged as a

consequence of

unjust and cruel punishment. At the time, judgment predicted the outcome of an
individual’s

sentence. As more people encountered a period of reason, many began to question the
criminal

system. Philosophers such as Cesare Beccaria pursued a different approach to

criminal justice.

Beccaria believed in the theory that the punishment must fit the crime. While many
disagreed with

him, other thinkers of the Enlightenment era supported his beliefs. Philosopher
Jean-Jacques

Rousseau explained that human nature entails good behavior. Thomas Paine further
ascertained

that without democracy, natural human law is violated because humans have natural
rights. A

pursuit for better criminal systems established the classical school of

criminology.

Neoclassical criminology is a school of thought that is defined by a number of different

theories.

In this school of neoclassical criminology we study its primary theoretical assumptions

about crime

and punishment. The main idea behind neo criminology is that crime is only partially a
social and

environmental problem, and biological

factors.

Definition of
 Criminology
Criminology is the scientific study of crime as a social phenomenon, behavior of
criminals, and

the penal treatment of the criminal. Criminology studies the non-legal aspects of crime.
The non-

legal aspects of crime include the causes and preventions of crime. Criminology
includes the study

of crimes, criminals, crime victims, and criminological theories explaining illegal and
deviant

behavior. The social reaction to crime, the effectiveness of anti-crime policies, and the
broader

political terrain of social control are also aspects to criminology. In 1924, Edwin
Sutherland

defined Criminology as “the body of knowledge regarding crime as a social

phenomenon that

includes within its scope the process of making laws, of breaking laws, and of reacting
toward the

breaking of
laws.”

1​
J.P.S. SIROHI, Criminology & Penology 26 (Allahabad Law Agency, Faridabad 7th edn.,

reprint 2013)

4
In the 19th century, scientific methods began to be applied to the study of crime.
Criminologists

frequently use statistics, case histories, official archives and records, and sociological
field

methods to study criminals and criminal activity, including the rates and kinds of crime
within

geographic areas. Criminologists then pass on their results to other members of the
criminal justice

system, such as lawyers, judges, probation officers, law enforcement officials, prison
officials,

legislatures, and scholars. This information is passed on to these members of the

criminal justice

system so as a group they can better understand criminals and the effects of treatment
and

preventio
n.

Criminological Theories are an important part of criminology. "Theory" is a term used to

describe

an idea or set of ideas that is intended to explain facts or events. Therefore, a theory is
suggested

or presented as possibly true, but that is not known or proven to be true, as well as, the
general

principles or ideas that relate to a particular subject. Criminological Theories examine

why people

commit crimes and is very important in the ongoing debate of how crime should be
handled and

prevented. Many theories have been developed and researched throughout the years.
These

theories continue to be explored, separately and in amalgamation, because

criminologists pursue

the paramount elucidations in eventually reducing types and intensities

of crime.

Schools of
criminology:
 • ​Pre classical school of
criminology.

• ​Classical School of
Criminology.

• ​Neoclassical School of
Criminology.

• ​Positivist School of
Criminology.

• ​Sociological school of
criminology​.

The Neo classical

school
The Neo-classical school is one of the school of criminology. It is based on the principle
of free

will and utilitarianism as the classical school. It arose as a result of some gaps created
by the

classical school. Gabriel Tarde has been recognized as a representative of the

neoclassical school.

5
It is developed after the French revolution. It is developed as a compromise to the
Classical and

Positivists Schools of Criminology. The French Code of 1789 was founded on the
basis of

Beccaria’s principles. The French Code of 1789 called for the judge being the only
mechanism for

applying the law, and the law took the responsibility for defining a penalty for every
crime and

every degree of crime. There was a problem with this however since there is a different
condition

in each situation that was being overlooked. Beccaria had claimed that every individual
who

committed a given act against the law should punished in the same manner and to the
same extent.

After the French revolutions, the French was realized that not everyone who commits a
given act

should be punished identically. That means sentencing a first-time offender the same as
a repeat

offender did not make much sense, especially if the first-time offender was a
juvenile.

Furthermore, there were many cases in which malice did not appear to motivate the
defendant’s

actions, such as when the defendant had limited mental capacity or committed a crime
out of

necessity. Perhaps most important, Beccaria’s framework specifically dismisses the

intent (i.e.,

mens rea) of criminal offenders and focuses only on the harm done to society by a
given act (i.e.,

actus reus). French society as well as most modern societies, including the United
States—deviated

from Beccaria’s framework in considering the intent of offenders, often in a crucial way,
such as

in determining what types of charges should be filed against those accused of homicide.
Therefore,

a new school of thought regarding the Classical/deterrence model developed, which

became

known as the Neoclassical School of

criminology.​2

The neo classical school for the first time recognized the need for the variations in
sentencing by

judges expanding on sex, age, mental condition, etc. of the offender. The neo classical
asserted

tha
t

Certain categories of offenders such as minors, idiots, insane or incompetent had to be

treated

leniently in matters of punishment irrespective of the similarity of their criminal act

because these

person were incapable of appreciating the difference between right and wrong. Thus the

contribution of neo classical thought to the science of criminology has its own merits​.
The main

tenets of neo-classical school of criminology can be summarized as

follows​3

2​
The classical school of criminology thought available at ​https://us.segepub.com.(last ​visited on October

28, 2019) 3​ ​N.V. Paranjape, Criminology & Penology with Victimology 46 (Central Law Publication,

Allahabad 16th edn., reprinted

​ 2016)

6
1. Neo-classists approached the study of criminology on scientific lines by
recognizing that

certain extenuating situations or mental disorders deprive a person of his normal

capacity

to control his conduct. Thus they justified mitigation of equal punishment in cases
of

certain psychopathic offenders. Commenting on this point, Prof. Gillin observed

that neo

classical represent a reaction against the severity of classical view of equal

punishment for

the same
offence.

a. Neo-classists were the first in point of time to bring out a distinction

between the

first offenders and the recidivists. They supported individualization of

offender a

treatment methods which required the punishment to suit the psychopathic

circumstances of the accused. Thus although the ‘act’ or the ‘crime’ still
remained

the sole determining factor for adjudging criminality without any regard to
the

intent, yet the neo-classical school focused at least some attention on

mental

causation
indirectly.

b. 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 normal intelligence or having some
mental

depravity are irresponsible to their conduct as they do not possess the

capacity of

distinguishing between good or bad and therefore should be treated

differently from

the responsible
offenders.
c. 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 criminals, whether responsible
or

irresponsible, must be kept segregated from the

society.

d. It is significant to note that distinction 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. This is through this school that attention

of

criminologists was drawn for the first time towards the fact that all crimes
do have

a cause. It must, however be noted that though this causation was initially
confined

7
to psychopathy or psychology but was later expanded further and finally
the

positivists succeeded in establishing reasonable relationship between

crime and

environment of the
criminal.
 e. Neo-classists adopted subjective approach to criminology and
concentrated their

attention on the conditions under which an individual commits

crime.

Thus it would be seen that the main contribution of neo-classical school of criminology
lies in the

fact that it came out with certain concessions in the ‘free will’ theory of classical school
and

suggested that an individual might commit criminal acts due to certain extenuating
circumstances

which should be duly taken into consideration at the time of awarding

punishment.

The only significant difference between the Neoclassical School and the Classical
School is that

the Neoclassical takes into account contextual circumstances of the individual or

situation that

allow for increases or decreases in the punishment For example, would a society want
to punish a

12-year-old, first-time shoplifter the same way as a 35-year-old, previous offender who
shoplifted

the same item? Additionally, does a society want to punish a mentally challenged,
one-time car

thief to the same extent as it would a normally functioning person who has been
convicted of

stealing more than a dozen cars? The answer to both is, probably not. At least that is
what most

modern criminal justice authorities, including those in the United States, have
decided.​4
Limitations of Neo-classical
Criminology

Positivism refers to the neoclassical school of criminology, which came after the
classical school. Neoclassical criminology focused on individual rights, due process,
alternative sentencing and legal rights. Derived from the late 1800s, the neoclassical
thinkers focused on the nature of the crime more than the individual. Later, neoclassical
believers relied on scientific proof, the motivation of crime and consequences.
Furthermore, individuals have no free will when they commit crimes. So, neoclassical
theory suggests crimes need due process of the law. Many of the rights in modern
times derive from neoclassical thinking. For instance, liberty, search and

4​
The classical school of criminology thought available at ​https://us.segepub.com.(last ​visited on

November 11,2019)
​

8
seizure, imprisonment, trials, sentencing, self-incrimination and interpreters are
part of the criminal system today.

While classical criminology depicts deterrent measures as a way to prevent crimes,

neoclassical criminology studies the scientific evidence to determine a just punishment
for crimes. Both schools of thought don't recognize the socioeconomic impact of crimes.
Humans make a decision based on rationale, but the reason is more complicated when
an individual commits a crime. Modern criminology describes the crime as an individual
making impulsive decisions without considering consequences.

Studies suggest socioeconomic status and lack of job opportunities increase crimes in
society. Individuals with low economic status and fewer education opportunities and
career options are prone to commit more crimes. Either school of criminology limits
the impact of socioeconomic factors in society and crime prevention.
 9

Conclusio
ns

The neo classical school is updated version of the classical school. Neo classical
school, neo means
new that means something new in the classical school. In classical school the
imposition of

sentence was considered to be a routine exercise because the law ordained specific
punishment for

specific offences and judge had no discretion except to award the prescribed
punishment. But in

the neo classical school they pointed out the new thing that is, a distinction between the
first

offenders and the recidivists. According to this school, man acting on reason and
intelligence is a

self-determining person and is responsible for his own conduct. But those lacking
normal

intelligence or having some mental depravity are irresponsible to their conduct as they
do not

possess the capacity of distinguishing between good or bad and, therefore, should be
treated

differently from the responsible offenders. As to the shortcomings of neo-classical

school of

criminology, it must be stated that 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.

Even now, when authorities want to crack down on certain crimes such as drugs or
gang activity,

they focus on law enforcement and enhanced punishments to create more certainty and
severity of

being caught, respectively. So, although the Classical/Neoclassical perspective fell out
of favor

with researchers and academics over the past 150 years, it remains the primary model
in terms of
policy implications favored by most officials in the criminal justice system, legislators,
and the

general public. Many policies are based on deterrence theory: the premise that
increasing

punishment sanctions will deter crime. This is seen throughout the system of law
enforcement,

courts, and
corrections.​5

5​
The classical school of criminology thought available at ​https://us.segepub.com.(last ​visited on

November 16,,2019)
​

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0

Bibliograp
hy Books:

• J.P.S. SIROHI, Criminology & Penology (Allahabad Law Agency, Faridabad 7​th
edn.,

reprint
2013)

• K.I. Vibhute, PSA Pillai’s Criminal law 02 (Lexis Nexis, Gurugram 12

edn.,reprint 2016)

• Anthony Walsh and Lee Ellis, Criminology An Interdisciplinary Approach

 (Sage

Publication, California 1st edn.,

2006).

• Syed Mohammad Afzal Qadri, Ahmad Siddique’s Criminology Penology

and

Victimology (Eastern Book Company, Lucknow 7th edn., Reprinted,

2017)

Websit
e

• ​https://shodhganga.inflibnet.ac.in

• ​https://articlesonlaw.wordpress.com

• ​http://www.ijtr.nic.in/articles/art33

• ​https://us.segepub.com.

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