" Year of Dialogue and

National Reconciliation"

SCHOOL OF HIGHER TECHNICAL PROFESSIONAL

EDUCATION OF THE NATIONAL POLICE OF PERU OF
HUANCAVELICA

Precursors of Criminology

COURSE : Criminology
TEACHER :

MEMBERS :

-{V5

Huancavelica - Peru

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“ PROFESSIONAL TECHNICAL HIGHER EDUCATION SCHOOL OF
THE NATIONAL POLICE OF PERU IN HUANCAVELICA

GRATITUDE

Gratitude to our parents; who with their

wise advice knew how to make us (as)
good and vocation of service to the
community, to my colleagues, thanks to
them, we learned and still learn to be a
better PNP.

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DEDICATION

To the Supreme God, for having given us

life, knowledge and being surrounded by
the people we love most.

To all colleagues worthy of futuristic

learning and to superiors for guiding us
on the path to the future.

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INDEX
INTRODUCTION.............................................................................................................5

PRECURSORS OF CRIMINOLOGY..............................................................................6

CESAR LOMBROSO...................................................................................................6

His life.......................................................................................................................6

The theory of the born criminal.................................................................................7

RAFAEL GARÓFALO.................................................................................................9

Criminality Theory....................................................................................................9

Theory of Fearability.................................................................................................9

Dangerousness Thesis.............................................................................................10

Penalty Theory.........................................................................................................11

HIS MOST RELEVANT WORKS.........................................................................12

Contributions to criminology and criminal law.......................................................13

ENRICO FERRI..........................................................................................................14

His life.....................................................................................................................14

Ferri's typology is taken as one of the classifications.............................................15

Plays........................................................................................................................16

COCLUSIONS................................................................................................................17

BIBLIOGRAPHIC REFERENCES................................................................................18

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INTRODUCTION
Our topic to develop is the Initiation Phase of Criminology, a topic in which it is
essential for us to talk about the three great precursors of Criminology, they are, as we
will see later: Lombroso, Ferri and Garófalo.

We will talk not only about the work and hard and entrepreneurial work that these men
did but also about the International Criminology Congresses that were held at the
initiative of Lombroso and with the unconditional collaboration of Ferri and Garófalo.

We will see how without the ideas, concepts and studies of these three science scholars
the discovery, development and significance of criminological science would have been
impossible.

There is no doubt, as we will realize, in the course of this work the contributions of
these men not only to Criminology, but to medicine, philosophy, politics and above all
to society.

The word criminology, as we all know, derives from the Latin criminis and the
Greek logos, which means the treatise or study of crime. And as a broad concept we can
say that criminology is the multidisciplinary and empirical investigation, study and
analysis of crime, of the offender, social control, prevention of the criminal,
resocializing treatment and the victim lodge as an intriguing element of the study and
acerbic criminologist. And with this well clarified, in ancient times the role of religion
and, in the same way, that of the state was very much in mind, but power was also
established in the great military hands on the one hand and on the other hand in the
hierarchies of the clergy and from here it started. an idea of punishment and a basis for
the forms of social control of those times: which were social control and law, a new
premise emerged which was that of classical liberalism and with them the thinkers of
these currents.

Following this work we will see in more detail the precursors of criminology

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PRECURSORS OF CRIMINOLOGY

CESAR LOMBROSO

His life

The great jurist and

criminologist Rafael Garófalo was born
on November 18, 1851, in Naples
(Italy), and died on April 18, 1934, in
his hometown, at the age of 82.

At the early age of 19 he

obtained a Law Degree from the
University of Naples, and in 1872 he
entered the judicial career. He held
various positions in the prosecutor's
office and the judiciary, as well as in the Ministry of Grace and Justice. On April 4,
1909, he was appointed senator for the first time (a position that he would repeat in
successive periods since 1919) and, in 1921, he would join the Superior Council of the
Judiciary.

He diligently studied the legal literature of countries such as France and,

especially, Germany, and adhered to the principles of the Italian Positive School,
founded by Cesare Lombroso. However, unlike him, who focused his studies on the
physiological conditions that motivated criminals; and Enrico Ferri, –another of the
great representatives of this school–, who gave more importance to economic and
educational factors. Garófalo understood that crime should be approached equally from
a psychological and anthropological perspective.

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That is why he is considered one of the precursors of criminology, and the

maximum representative of criminological positivism (called in his time, the "Nuova
Scuola").

Before joining the Positive School, Garófalo had already published some
writings that would be very important for the Nuova Scuola, as it provided the bases
and necessary legal guidance, in addition to concepts such as: danger and special and
general prevention.

The theory of the born criminal

One of the most important teachings

and postulates of Cesare Lombroso's career
was to look for those signs that point to
those people who, whether due to biological
causes or evolutionary errors, are
predestined to be criminals.

This theory is known as that of the

born or atavistic criminal. For Lombroso, born criminals are an evolutionary error that
bypassed natural selection and belongs to primary stages of human development.

These criminals by nature, according to Cesare, presented a series of signs not

only physical, but also of morality, behavior and socialization.

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Some of the characteristics of the so-called born criminal are:

 Asymmetries in the face and skull with an irregular appearance, with a flat
forehead.
 Over development of the lower jaw.
 Big ears and longer arms than usual.
 Greater strength on the left side of the body.
 Acute sight.
 Less sensitivity to pain and touch.
 Lack of the capacity for remorse, impulse control and shame.
 Tendency towards vices such as drinking, tobacco and drugs

The theory of the born criminal evolved and Lombardo came to create
classifications according to the type of crime they were most likely to commit. For him
there was no remedy for the born adult criminal and the best thing was to lock them up
in what he called social defense, since society was protected from these dangerous
people.

Nowadays, someone is not judged considering the theory of the born criminal, but
there are studies that demonstrate, for example, the existence of the murderer gene and
sociologists and psychologists are able to detect sociopaths and psychopaths.

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RAFAEL GARÓFALO

Criminality Theory

Garófalo's Theory of Criminality goes against the current of the time: the
positive School and also disagrees with the orthodox thought of the Classical School.
Garófalo's Criminal Theory says that endogenous psychic inheritance (instincts) is
essential since the majority of criminals have a psychic variation. It also talks about the
moral anomaly, which makes the criminal an inferior being, not a normal being. This
anomaly is congenital, it is not acquired.

Garófalo takes Lombroso's atavism as a psychic and endogenous variation.

Fundamentally, although your criminal may also have atavistic features of facial
features. Considers the criminal as a psychic abnormality.

Garófalo recognizes little influence on environmental factors and focuses his

attention on personal instincts. That is why the elimination of social causes will only
bring them limited benefits.

Does not accept determinism

The criminal is a psychic abnormality. It is caused by a congenital moral

anomaly. The environment has little influence on the offender

Theory of Fearability

He establishes his Fear Theory to punish the perpetrator of a crime. Fearfulness

is the constant and active perversity that must be feared on the part of the criminal.

Arturo Rocco criticizes this theory, saying that fearfulness is not a characteristic
of the author but rather it is the social repercussion of that characteristic.
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Dangerousness Thesis
This theory was later abandoned and replaced by the Dangerousness Thesis as
the basis of criminal responsibility.

For example, if someone gives an abortifacient to a non-pregnant woman, the

objective damage should not be punished, in reality there is none, but rather the
subjective dangerousness that emanates from the personality of the author.

BEGINNING

It states principles such as:

 Special Prevention as an end to punishment.

 The Theory of Social Defense as the basis of the right to punish.
 Penalty grading methods.

TYPOLOGY

For a born criminal to exist, four types are established:

The murderer

Born criminal who does not have feelings of altruism and probity, so he
can commit crime when the opportunity presents itself.

The violent criminal

He lacks a feeling of mercy, which is why he commits violent crimes.

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The thief

They are the ones who attack probity. This feeling does not have deep
roots in these individuals. He lacks the altruistic feeling and is influenced by the
environment.

The lascivious criminal

He does not fit into the previous ones, he could be a sensual criminal.

Penalty Theory

The penalty must be according to the personality of the offender and not the
crime.

Defends the death penalty. Prison does not intimidate murderers, perhaps there they
have greater facilities than in free life, but they are intimidated by the death penalty,
which must be applied to them. He calls the death penalty “natural Darwinism,” that is,
he advocates the application of the natural laws of selection of the human species.

He states that, if a man cannot live in society, in a society that gives him rules
and therefore violates them, then the man must be killed. Murderers must be punished
with the death penalty.

Garófalo goes against the retributive theory. He maintains that the crime must
be punished, not for retribution, but because a fundamental norm—respect for life—has
been broken, as it is in murder.

OBJECT OF THE PENALTY

The purpose of punishment is to defend society from the misfits and the socially
dangerous; in serious cases, the former should be given capital punishment and the latter
should be abandoned on an island.

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TYPES OF PENALTIES

 Death penalty for murderers.

 Life sentence for violent criminals.
 I work in overseas agricultural colonies for thieves.

HIS MOST RELEVANT WORKS

Garófalo was a prolific author,

among his most important works are:

 The mitigation of penalties in blood

crimes (1877).
 Recent studies on grief (1878).
 A positive criterion of sanction
(1880).
 Positive criterion of penalty
(Naples, 1880).
 Criminology: study of crime, its
causes and the theory of repression
(Turin, 1885).
 Criminology. Study on crime and
the theory of repression (1885).
 Recent studies on penality (1885).
 Controversy in defense of the
Positive Criminal School (in
collaboration with Cesare
Lombroso, Enrico Ferri and Giulio
Fioretti. Bologna, 1886).
 Reparation to victims of crime (Turin, 1887).
 Criminological studies (1896).

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Contributions to criminology and criminal law

Garófalo spread and popularized the term “criminology” with the publication of
his book “La criminología. Study on crime and the theory of repression. The study of
this author, together with Lombroso and Ferri, were the origin of criminology as a
science that studies the criminal physically, socially and psychologically.

Garófalo's great concern was the application of criminological theory to practice,

both in the legislative and judicial aspects, thus, he made the first sentencing scheme in
accordance not with the crime, but with the classification of criminals. Apart from
philosophical differences, his disagreement with his colleagues was regarding absolute
determinism, which he did not accept, and regarding the death penalty, of which he was
a fervent supporter. Garófalo was the one who contributed to the Positive School with
legal formulas, accessible to theorists and practitioners, given his deep knowledge of
law. This legal contribution was transcendental in the initiation of the positive trend.

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ENRICO FERRI

His life

He was born in San Bernardo Po,

Mantúa, on February 25, 1856. He presented his
thesis in which he tries to demonstrate that free
will is a fiction, and that moral responsibility
must be replaced by social responsibility. In
1882, Ferri conducted studies on punishment and
published the book titled Socialism and
Criminality. In 1912, the creation of an Institute
of Criminal Law at the University of Rome was
approved; Ferri is called upon to direct it and
calls it "Scuola di Applicazione Guirídico-
Criminale". The course was divided into four
parts: the offender, the crime, the sanctions and
the procedure.

Ferri was characterized by the fact that he dedicated himself to ensuring that
Italy had a positivist penal code, and in 1921 the project carried out by a commission
chaired by Ferri himself was presented, in which representatives from various schools
participated. It is not a 100% code. positivist cent; but it satisfies the majority. However,
the political situation made the approval of the project difficult, the fascist party came to
power and a new commission was formed, in which Ferri took part. Unfortunately, Ferri
was not able to see the new code promulgated, as he died in 1929, and the code was
approved in 1930.

During his last years Ferri developed tireless academic work, traveled to South
America and several European countries, participated in multiple conferences

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Ferri's typology is taken as one of the classifications

More representative of criminological positivism and in which physical and

psychological factors are mixed with other environmental ones:

 Born criminal would include those people with a congenital burden that
determines them to commit criminal acts together with environmental
factors.
 Crazy or alienated criminal is one who suffers from a psychological
anomaly as the main factor in his criminal behavior.
 Passionate criminal is a variant of the occasional criminal, characterized
by his ease of exploiting and committing criminal acts.
 Occasional criminal, one who gives in to the opportunity to commit a
crime, with environmental factors determining it.
 Habitual criminal, he makes crime the habitual way of behaving, his
criminal tendency is acquired.
 Pseudo-criminal or involuntary offender would be those who
commit involuntary crimes. (pablos, 2009)

Plays

 1884-Criminal Sociology
 1894-Socialism and Positive
Science
 1901-The School of Positive
Criminology
 1905-Criminal Sociology
 1928-Fascism in Italy and
the Work of Benito
Mussolini

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COCLUSIONS

To conclude, we will say that for the beginning as well as for the formation of
Criminology, not only as such, but as a science, the existence and contributions of the
three men we have talked about in the course of this work were transcendental:
Lombroso, at the head of this entire movement; Ferri, as a student and close collaborator
of his teacher Lombroso; Garófalo which gives the title to our science as Criminology.

These three illustrious men are the trainers and precursors of the positive school,
which is one of the most important antecedents of Criminology as a science.

We realized that the task of these three scholars of science and especially
Criminology was not easy, as they encountered many criticisms and many damages. But
there is no doubt that they achieved what they were looking for and we now have
several of their concepts in our codes.

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BIBLIOGRAPHIC REFERENCES

BARRITA LOPEZ, Fernando; Manual of Criminology, Edit. Porrúa, Mexico, 1996,

345 pages.

ESCOBAR, Raúl Tomás; Elements of Criminology, Edit. University,

Buenos Aires, 1997, 348 pages.

RODRIGUEZ MANZANERA, Luis, Criminology, Edit. Porrúa, 10a. ed.,

Mexico, 1990, 350 pages.

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