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CRIMINOLOGY FİNAL

02.05.2023
132 of your books which compares classicists and positivists. We had their vision about the difference
between classicist and positivist and we had the opportunity to talking about the reason why people
are obsessed with the the reason of offending people and committing crimes. We are obsessed with
it basically because we think that if we can understand the reason why the people commit crimes.
We can stop them from doing so.

Here also we talked about Cesar Baccaria. He's very important, 126 in your books. Why he's very
important. He's very important because basically many principles that you think that they're very
ancient or very old, they come from eternity actually his ideas like, proportionality. You have to
implement a proportional punishment for a crime. Explain clearly what is a crime and what is not a
legality principle. His idea, and if you want to achieve deterrence, if you want to stop people from
committing a crime, you have to find a proportional punishment which will be implemented fastly,
swiftly and certainly and no one would think that he or she will walk away with the criminal behavior
that he or she did.

The second very important scholar that we are going to talk about is Jeremy Bentham about
Classicists. He was a philosopher. His ideas were basic based on his pragmatist nature if basically you
do not have or if something has no function in a society, then it should be dismissed. You need to be
useful and that's why he was like as a pragmatist, he was obsessed with the free will. And when it
comes to harm, he is the one who talks about the harm principle and explain it and he was saying
that if someone or something is harmed then you should stop it. You know if with the behavior of the
offender someone or something is harmed then we should think okay we have to stop it and but also
he says if this harm is base it, it's based on any kind of consent then you should not punish it. There is
no ground for the punishment either where there has been consent to enact and if you are doing any
harm. For example, like euthanasia, then you should not be punished because of killing someone
else, because there's a function as you can see that I'm killing someone because he's not a good
person. I don't like him, he's my enemy and I have a knife and I just use my knife to stab him twice
and he's dead. OK, this is kind of killing someone for no reason or not good reason, but instead
Benson says no, If you ground like euthanasia and consent, you have to keep in mind that this is
different, the second thing and Bentham says if someone in a situation, he or she is mentally
incapacitated or involuntarily acting then the function of the punishment will be limited because in a
normal situation, this person will not be a criminal. This is an abnormal issue. So you should not
consider them as a normal criminal in order to punish. He's not a fun of punishments, he wants to
limit them as much as possible. Then the third one that he claims you should not use punishment if
it's evil is bigger than the offense evil. If the the evil created by the state while they are giving the
punishment to the offender, is bigger than the evil created by the offend itself, then you should not
do that. It's not useful, it's not functional. Lastly he claimed that if it is not necessary, you should not
use any punishment because if you can stop them by giving some education and then they will not
commit this crime, fine, do it, but not use any criminal sanctions. Whenever you think about
Bentham, you have to think that he is kind of enemy to criminal sanctions because he was a believer
of human will. He the free will. The harm principle is about the harms against us. But if we have
consent? Then it will not be harmful or it should not be punished.
Panopticon is Jeremy Bentham's way of accepting the best kind of, for example, prison. OK, I want
you all to Google an Opticon as a kind of prison model implemented by him in order to see how it
was designed.

Michelle Hukou says the information is power. If you have the information about something, you will
have power on it. You have the authority. You will have the opportunity to control. Knowing
something is very important in a society.

Jeremy Benton was thinking about the prison as the inmates were thinking someone is watching
them. A surveillance over you has the power over you as well. So he designed a prison that inmates
were thinking that they are being surveyed by the authorities and in this way they change their
behavior and they were acting accordingly.

İLK DERS KAYIT OLMAMIŞ ONUN ÖZETİ;

These two classicists and positivists and you can see the table on in your book page 132 and we
talked about these two comparison in a very detailed way.

And also we talked about this in a very detailed way. We talked about Cesar Beccaria, his ideas, why
he's very important. He is very important. The proportionality of between crime and the punishment
is a very new and his gift to the criminal law theory, proportionality, legality, principle and his idea
about deterrence. He claims that if you want a punishment will be deterrent, then you should make
sure that it will be swift, proportional and also certain.

09.05.2023
İLK 25 DK’YI DİNLE TÜRKÇE

Since we are continuously talking about Lombroso. Why we are talking about Lombroso in the 1st
place? We were talking about Lombroso in the 1st place because he was the person who introduced
this methods, this scientific methods of study to criminology.

Positive positive sciences methods. It was a scientific method. It was very mean. He was extremely
effective with Darwin. He got the understanding from Darwin and he just asked the question, what if
we can use the theories and maybe the understanding of positive sciences like biology and have
some quantitative research and show the numbers and evidence because you know when you wread
Immanuel Kant's work regarding this issue, he says it's a better phrase to put in committing a crime is
something evil. It's a bad thing to do okay. But there is some points that these positivists cannot
agree with classicists, because the thing is, we all know that it's not a good thing. We all know that it's
a bad thing. And the state can use some power against the offender in order to punish him or punish
her. But this tells me nothing about the the the reason why people commit crimes because you are
claiming that committing a crime is evil, not the person himself.

Enrico Ferri is very important sociologist who is a very important pioneer of positivist theory. He was
not the first one as Lombroso to introduce this but he was a pioneer with Lombroso and Vera follow
to positivist school.

We now follow up the practical and scientific mission of the classical school with a still more noble
and fruitful mission by adding the problem of diminution of penalties, problem of the diminution of
crimes since the classicists.
Punishment, understanding of punishment was criticized by positvists because they say, OK, we can
reduce the punishment and thus we can reduce the criminal crime rates and from this point and also
another point, they start thinking and talking about criminal behavior. The other point is the second
point is maybe the most important one, using scientific methods to understand and explain criminal
activities. These scientific approach has including the methods of natural sciences should be applied
and could be applied. They will be useful to the social world and the one of the most important
problems of social world is of course criminal issues. I mean you have opportunity to stop it if you
like, but it's not that easy to stop it, but they say OK, we have this issue and for the social world, we
can use natural sciences methods. The second one, the foundation of our knowledge of the world, is
data derived from observation. Since we learn from observation, we can learn about criminal activity
from observation and they will be these information will be useful. The basic scientific knowledge is
facts. You can use this to understand criminology. You have to the third one. You have to distinguish
facts from values. You can have values like this is evil, this is good, this is the best these are values but
these not information. Facts are information. On the other hand, for example, Lambrosa claimed that
atomistic people has the tendency to commit crimes. He has numbers in his ad, he has data, you
know he could show you how you know, he decided Atomistic people commit crimes generally and if
some atomistics are not criminals, this is an exemption.

In his case Lombroso trying to find the reason why people commit crimes and he said some elements
of people appearance.

But on the other hand, when it comes to one use imagine that you are a supporter of a kind of theory
that acts or omissions against morality should be punished. OK, what is morality? Morality has no
definition, so you cannot have the opportunity to collect data in order to verify or falsify your theory.

And the last of all, the combination of natural scientific methods and deductive or quantitative or
qualitative data? Qualitative data is related with the contents of data. What do we have as contents
as morality. Quantitative has numbers. You can show that.

16.05.2023
SAYFA 130-131

People, we were talking about Lombrosso last week as well. He is a very important person. He is very
important because he actually created the way of, you know, observing people who are criminals and
observing their acts and omissions. As this is a kind of scientific work, as a prison doctor he has files
of these people showing him the health conditions, records of their illnesses, their backgrounds.
According to this situation, he created a theory and he says there's a model actually called atomistic
person or atomistic men who whom he decided these people are criminal people.

The positivism has two main features. One, they are trying to use natural sciences methods and see
what's going on about the criminal behavior and criminal people. And the 2nd is they are not actually
focused on criminal behavior, they are focused on criminal people. So they're trying to basically
before all else if you have the kind of tendency of offending or if you have a tendency according to
them, they will find a way in order to stop you. Use some measures to stop you instead of waiting for
you to offend and afterwards giving you another sanction.

There is no way to explain criminal behavior in one just one condition or just one reason. Eugenics is
the thing that a kind of Darwinist based or it has its fundamental theories. In Darwinism, eugenics is a
very strong kind of racism, very strong kind of, discrimination among people. These people are
claiming that in some parts of the world, people are not in a appropriate in a way, because in some
means at some point they just couldn't have been evolved within their evolution and then they're
just kind of apes, monkeys or other other creatures that you have to protect yourself from. So this
eugenics is kind of discriminative or racist idea that maybe for example black people can commit
crimes likely because they have the tendency, they have their blood. It's it's the very strong racism.

I would like to talk about is twin studies. They took twins to different kind of social and economical
environments and they took these children, and they just observed if they're criminals or not, and at
the end of the day, they were hoping that although he was in great neighborhood, born and raised in
a great place, you know they sent him to the best schools in the university. He is still has tendency to
offend. So he's a criminal now. So because of his, you know genetics and his twin brother, the
identical twin was raised in a very funky neighborhood with very high crime rates. And he's a criminal
too, because it's not about being a criminal or it's not about having opportunity to be a criminal or
need to be a criminal. You just born with this.

Adoption is another one. They took the children of criminal people and they observed children in
their new houses and chromosomal anomalies and other stuff. Like if you have a extra chromosome
or other anomalies, do you offend or do you have the tendency to offend more than a normal one?

And other one, nervous system, ADHD and brain dysfunction. This one hormones. And there are
theories. For example, ADHD is about being hyperactive and it's about destruction. They have
phosphate theory and they claim that if you do not eat or consume enough phosphate or your
mother during the pregnancy then you have tendency to be a criminal. At the end of the day, this is
biological positivism.

Emil Durkheim is a very important French philosopher and scholar. As many other very important
issues he has given very important and very valuable contributions to the field with his ideas about
crime, being a criminal or other stuff related with society. Durkheim suicide and enemy theories(?).
Summary of what he was thinking about criminal behavior and other stuff. He says crime is present
not only in the majority of societies of 1 particular species, but in all societies of all types. There is no
society that is not confronted with the problem of criminality. It is from changes to acts as character.
Characterized are not the same everywhere, and always there have been men who have behaved in
such way as a draw upon themselves. Panel repression, you know. This is the base of his idea of the
proportionality of criminal behavior should be your main issue. He was claiming that you cannot,
eradicate criminal behavior from a society you know. The percentage of your crime rate will never be
0. You will never achieve that. You will have actually criminal society. Another very important idea of
him is let us make no mistake to classify crime among the phenomena of normals. Sociology is not to
say merely that it is an inevitable, although regrettable, phenomenon due to the incorrigible
wickedness of men and is to affirm that it is a factor in public health and integral part of all societies.
This is you can radicalize, you can, you know, try to ignore or say this is a kind of mistake. This is a kind
of bad face or back dimension of people or the society, but you have to accept that. We have to
accept that there is a something called criminally hail. He said back in 1938, society in which criminal
acts were no longer committed. The sentiments they offend would have been found without
exception in an all individual consciousness and they must be found to exist with the same degree as
sentiments. Contrary to them assuming that this condition could actually be realized, crime would
not their wide disappear.

Suicide was a criminal act. But why? Suicide was deviant behaviour. In order to stop new deviant
behaviors from being or appearing in the society, you can use it as an argument or reason or maybe
ground and organize your society in order to stop.
23.05.2023
Google about the American Dream issue, because this American Dream issue is closely related with
Merton's theory about the reasons of people committing crimes.

Durkin was thinking or he was claiming, that we have some kind of system in society and if there's an
anomie in it, we should consider it as a criminal issue in a way, because we have some rules regarding
legal rules and we have some rules regarding our daily lives actually and if we have problems if
something does not fit then we will have let's say issue called anomie not normal, and this is about
the very fast changes within a society.

Another thing that I would like to mention about this I'm a ME issue. ME issue is Merton's theory of
honor. He was depending almost all reasons about economical issues. The American Dream was
something like, well, if you can work enough you can have all you need and you become a consumer
in a society. We have a consuming culture. In contemporary society it was established in The United
States back in time after the World War 2 and imagining by the beginning of nearly 1950s, there was
a idea of ideal life, wife, house, job, family. American Dream pressure people hearts to gain more
money in order to buy these proper houses such big catalogs and these big cars and suburban life.
Our expectations of high standards is continuing. People become very aggressive because of this
tendency, idea created the created the media, people commit crimes. People decide to commit
crimes and just because of the frustration of them, they cannot achieve the expected standards of
American rating because they keep telling you that if you can work hard enough, you can achieve
better and you work hard, harder, harder, harder and you cannot achieve nothing. It gives you a
frustration because of this anger inside you. Because of this jealousy towards the achievers. At the
end of the day, Merton claims that you commit a crime.

Chicago School, which is very important for nearly every single sociological topic and they just there
are they are a milestone in humanities because these people back in in the beginning of 1919, I mean
the last century. They were the founders of the University of Chicago and the school of sociology ,and
they were using the theories and ideas and methods of ecology. So they are also called ecological
method or ecological school. Some kind of different approach to a different issue is like the same in.
that we have had this kind of shift in natural sciences and humanities and social sciences with
numbers as well. And these guys, Simmel Park, they're very important and Robert Ezra Park. The
most important issue is from the Chicago school park they tell about urbanism, city people, our
society and daily life and stuff is like shockingly similar to what we have today. He was saying and he
was talking about newspapers and ads back in 19, I think 1910 or 1912. So the the most shocking
thing about these guys is their method is brilliant, and the second thing is the validity of their work
until then because they were in in the beginning of the last century and it's still. Ecology, is about the
creatures, but not us, not human beings, but animals and other creatures like vegetation and plants
and stuff. And how do you observe them? How do you have an idea? If you observe you can see this,
you can see this and you can have an idea.

They had the observation and statistics and ecological method works regarding for example
prostitution. They had this kind of work regarding immigration, they had this kind of work for ghettos.
You know if people are living in small ghettos like get a condo places in Turkey. In what way their lives
differs from the normal people's lives? And what happens if we observe them? And can we help
them? Should we help them? These people try to and not only try, but they did live in these places
with these people.They had the ideas. They had the notes regarding their lives. Trying to change their
lives just they had the observation and live like they're one of them. And in for example in a society
with many criminal people they have, they have used this method also and they try to understand
why people commit crimes.

Still, we are not enough to explain the criminal behavior in all means in any of these series. We are
not enough. We have to learn many, many more things.

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