CRIMINOLOGY

By
Swapnil Pandey
 CRIMINOLOGY
(COURSE CODE : LB -505)
1. Concept of crime
2. Nature and scope of criminology
3. Schools of criminology – Pre-Classical school, Classical school, neo
Classical school, Positive school
4. Theories of Crime Causation: Bio-physical approaches,
Psychological approaches, Social Learning Theories, Social
Disorganization Theories, Economic approaches
5. White Collar Crime
6. Juvenile Delinquency: Meaning, Definition and Concept
7. Juvenile Delinquency Contd.: Causes of Juvenile Delinquency,
Growth of Juvenile Justice System in India, Juvenile Justice (Care
and Protection of Children Act, 2015
8. Penology: Punishment and its justification, Theories of
punishment, Punishment under the indian Criminal Law
9. Capital Punishment: Capital Punishment in India, Retention and
Abolition of Capital Punishment, Constitutionality of Capital
Punishment, Judicial trends, methods of execution
10. Prison Administration: prisons in India, Problems in Indian Prison
system, Constitution Imperative, Prison reforms measures in India
 UNIT 3

Schools of criminology
Pre-Classical school,
Classical school,
Positive school,
Neo Classical school
SCHOOLS OF CRIMINOLOGY
Some of the prominent schools of criminology are as under:

 Pre-Classical School

 Classical School

 Positive School

 Neo-classical School
 MEANING OF THE
‘SCHOOL OF CRIMINOLOGY’
 The great legal philosopher Oppenheimer says that “Crimeless society is a myth”.
Crimeless society is not possible.
 An Italian scholar “Beccaria” (1738-94) is known as founder of modern criminology.
 Oldest school introduced criminology in the Philippines.
 Edwin Sutherland pointed out that a school of criminology connotes “the system of
thought which consists of an integrated theory of causation of crime and of policies
of control implied in the theory of causation”. Therefore, a school of criminology
implies the following three important points:

1. The adherents of each school try to explain the causation of crime and criminal
behavior in their own way relying on the theory propounded by the exponent of that
particular school.

2. Each school of criminology suggests punishment and preventive measures to suit

its ideology.

3. Each of the school represents the social attitude of people towards crime and
criminal in a given time.
1) PRE-CLASSICAL SCHOOL
 The period of seventeenth and eighteenth century in Europe was dominated by the
scholasticism of Saint Thomas Aquinas.
 This school is also known as Demonological school.
 The dominance of religion in State activities was the chief characteristic of that time, so
no scientific explanation..
 It is based on the principle of Demonology, witch craft and supernatural power.
 There was a general belief that man by nature is simple and his actions are controlled
by some super power.
 It was generally believed that a man commits crime due to the influence of some
external spirit called ‘demon’ or ‘devil’.
 Thus an offender commits a wrongful act not because of his own free will but due to the
influence of some external super power because offender lose the sense of morality.
 This demonological theory of criminality propounded by the exponents of pre- classical
school acknowledged the omnipotence (having total owe or able to do anything) of spirit,
which they regarded as a great power.
CONT….
 The pre classical school considered crime and criminals as an evidence of
the fact that the individual was possessed of devil or demon the only cure
for which was testimony of the effectiveness of the spirit.
 Worships, sacrifices and ordeals by water and fire were usually prescribed
to specify the spirit and relieve the victim from its evil influence.
 An ordeal is an ancient manner of trial in criminal cases. When an offender
pleaded “not guilty”, he might choose whether he would put himself for trial
upon God and the country, by 12 men or upon God only, and then it was
called ‘the judgment of God’, presuming that God would deliver the
innocent. Examples of such ordeals are, throwing into fire, throwing into
water after tying a stone to his neck, administration of oath by calling up
God’s wrath, trial by battle, etc.
CONT…
 The trials were overseen by mature members or saints, who oversaw the
test conditions and determined guilty or innocence of the accused person.
 The chief purpose behind the infliction of punishment under this school was
to drive away the demon from the soul.
 Trial by battle was common mode of deciding the fate of criminal.
 The oaths and ordeals played a very important role in the ancient judicial
system in determining the guilt of the offender.
 Though these practices appear to be most irrational and barbarous to the
modern mind, they were universally accepted and were in existence in
most Christian countries till thirteenth century.
 The Roman law completely ignored the system of ordeals and it was
forbidden in Quran
CONT….
 The right of society to punish the offender was, however, well recognized.
 The offender was regarded as morally bad person who could be cured only
by torture and pain.
 The evolution of criminal law was yet at in initial stage.
 Hobbes suggested that fear of punishment at the hands of monarch was a
sufficient deterrent (preventive) for the members of early society to keep
them away from sinful acts which were synonymous to crimes.
 The pre-classical thinking, however, withered away (dead) with the lapse of
time and advancement of knowledge.
2) CLASSICAL SCHOOL
 Italian philosopher Beccaria is considered to be the founder of the Classical
school.
 The Classical school of criminology is a body of thought about there form of crime
and the best methods of punishment by a group of European philosophers and
scholars in the18th century.
 Beccaria, the pioneer of modern criminology expounded his naturalistic theory
of criminality by rejecting the omnipotence of evil spirit. He laid greater
emphasis on mental phenomenon of the individual and attributed crime to ‘free
will’ of the individual.
 The most important concept of the classical school is “FREE WILL”. According to
this thought of school, a person is capable of calculating what he or she wants to
do and differentiate between right and wrong.
 Beccaria and other members of the Classical School of criminology believed
that criminal behavior could be minimized using the basics of human nature.
CONT….
 According to the Classical School of criminology, individuals were guided by a
“Pain-and-Pleasure” principle by which they calculated the risks and rewards
involved in their actions. Overall, punishment should be suited to the offense,
not to the social or physical characteristics of the criminal.
 Classical school of criminology favours humanitarian form of punishment. This
school was against the cruel or physical punishment.
 It supports the Deterrent theory of punishment (the threat of punishment will deter
people from committing crime and reduce the probability of offending in society).
 This school believed that punishment should be directly proportional to the
intensity of crime. Quantum of punishment was equal to all criminals (minor and
adult), this was the negative sides of classical school.
 There was no difference between first time offender and habitual offender.
 Classical School supports to a speedy trial and proportional punishment
(according to age and type of crime).
3) POSITIVE SCHOOL
 Positive School is also known as “Italian School of criminology.” Because
Italian criminologists named Lombroso, Garofalo and Ferri were the main
exponents of positive School of Criminology.
 This school of thought originated in the 19th century and rejected the
classical school of thought (Free Will theory) because there were several
draw back in thoughts of classical school.
 The Positivist School has attempted to find scientific objectivity for the
measurement and quantification of criminal behavior of criminals and other
various internal and external factors, responsible for being criminal and
also the root cause of crime.
 As the scientific method became the major paradigm in the search for all
knowledge, the Classical School's social philosophy was replaced by the
quest for scientific laws that would be discovered by experts.
CAUSE FOR BEING A CRIMINAL
 Biological Factor –

According to criminologist of Positivist school criminals have different

characteristics than the non criminals. Physical characteristics is
responsible for the crime. These biological factors are present in the person
by birth.
 Sociological Factor –

Demoralization and exploitation of deprived or lower class of society is also

very important reason for increasing crime in the society. So there is need
to change socio-economic structure of the society.
 Psychological Factor –

Due to ego, perception and revenge mental condition of offender is

different from other persons and they commit crime.
DIFFERENT THEORIES
 Lombroso was the first criminologist who made attempt to understand the
personality of offender in physical terms. He stated that physical characters
of criminals are different from non criminals.
 According to Lombroso’s theory –

 Criminal are born criminal mind by birth (genetically).

 He focused on biological characteristics of criminals.

 Criminals are less sensitive.

 Criminals were divided into 3 categories –

1) Born – (by birth)

2) Insane – (criminal activity because of mental illness or influenced by

others)

3) Criminoids – (inferiority complex for their biological structure)

 CONT….
 Ferri opposed the Lombroso theory and said that other factors (emotional
reaction, social infirmity or geographical conditions) are responsible for criminal
behaviour.
 According to Ferri’s theory –
 Ferri challenged Lombroso theory.
 He said that for any crime, emotional, social and geographical factors are also
responsible.

 Criminals were divided into 5 categories –

1) Born – (by birth)

2) Insane – (unsound mind or influenced)

3) Occasional – (commit crime occasionally)

4) Passionate – (commit crime for their passion or need)

5) Habitual – (commit crime repeatedly)

CONT….
 Garfoalo rejected the classification of criminal given by Lomborso and
Ferri.
 According to Garofalo’s theory –
 Rejected Lombroso and Ferri’s theory.

 Criminals were divided into 4 categories –

1) Endemic criminals – (committed murder)

2) Violent criminals – (aggressive by nature due to affected by environmental

influences such as honour, polities and religion)

3) Occasional – (commit crime occasionally)

4) Lustful criminals – (commit crime against rape or any physical assault)

5) Criminals lacking in sentiments of probity

4) NEO-CLASSICAL SCHOOL
 Neo- classical school is the upgraded version of Classical school.
 Bentham was the founder of neo-classical school.
 Before the neo-classical school, all offenders were treated the same, no
matter what was their age, mental conditions, root cause etc.
 Neo-classists were the first in point of time to bring out a distinction between
the first offenders and the habitual.
 Neo-classical school rejected the “Free will theory” and focused on the
nature of crime more than individual.
 Focused to understand the facts, circumstances, mental state of the
offender.
CONT….
 The neo-classists asserted that certain categories of offenders such as
minors, idiots, insane (seriously mentally ill) or incompetent had to be
treated leniently in matters of punishment, irrespective of the similarity of
their criminal act because these persons were incapable of appreciating
the difference between right and wrong.
 This tendency of neo-classists to distinguish criminals according to their
mental depravity was indeed a progressive step in as much as it
emphasized the need for modifying the classical view. Thus the
contribution of neo-classical thought to the science of criminology has its
own merits.
CONT….
 This school divided criminals into 5 categories –

1) First offender

2) Habitual offender

3) Minor

4) Insane

5) Idiot etc
 This school proposed that the punishment should be given as per the
category of the offender, not as per the crime committed.
SOCIOLOGICAL SCHOOL
 This school of thought originated in the 20th century.
 This school rejected the concept of “Born Criminal”.
 According to Sociological School following external factors are responsible –

1) Criminal behavior is learnt.

2) Criminal behavior is conditioned the social environment due to the cause of

following factors –

bad association

poverty

broken family

environmental factors etc.