Jesus Crime-iny! (Criminology: Past and Present)
Many issues within the field of criminology arise from differences in training and the various disciplines which have contributed to the development of criminology (namely law, medicine, sociology, psychology, psychiatry, chemistry, physics, architecture, history, theology, and social work). Criminology, in general, would likely benefit from more in-depth analyzations and reevaluations of the foundations of the field. By understanding the basis and origin of criminology, many modern issues could likely be resolved.
In ancient times, the response to crime was generally violent-revenge resulting in blood feuds between families that would last for generations. The earliest recorded set of laws was the Code of Hammurabi, though the term “law” is used loosely in this context; Hammurabi’s Code was about retaliation and retribution. “An eye for an eye”, as they say. Offenses of such nature would often lead to rivalries and the aforementioned blood feuds.
“If a man destroys the eye of another man, they shall destroy his eye.” -Hammurabi
Modern philosophy of crime and punishment is based upon the writings of Plato and Aristotle, though their ideas would take longer than a millennium to be recognized. Plato was one of the first to propose the idea that poor education and crime were linked, as well as the degrees of punishments and fault. Aristotle suggested that punishments to crime should be based on preventing future crimes-the punishment should be a deterrent to the person and others.
The Roman Republic was the first society to develop a comprehensive code of laws and criminal codes; they are widely regarded as the true ancestors of our modern legal system. They had a more secular view of crime, rather than it being the “Will of God”, it was an offense to the gods and their society. Rome’s strong footing in law, however, crumbled under a lack of strong central authority.
Religion was once again bound to crime in the Middle Ages. Crime was deemed the “work of the devil”; thus equating crimes with sin. Kings and queens rationalized that their power was a result of “God’s will” and masked their corruption with cushioning from the church. Any offenses against people, property, or the monarchy were seen as inherently sinful; this determined the punishment for each criminal was brutal. However, at that time, the concept of forgiveness also steadily gained popularity in religious groups, which shifted the outlook on punishment and redemption. For the first time, people sought to help the criminal as well as the victim(s). Thomas Aquinas wrote about this in Summa Theologica, his treatise. In this, God was believed to have set a “natural law” upon earth and humanity, and those who broke it were separating themselves from God. The criminals in his writing were to be pitied for their choices, yet not exempt from the consequences. while religion no longer continues to dominate the field of Criminology, some ideas from Aquinas’ treatise persist to this day.
As more secular views took hold, so did the idea of modern law and criminology. One of the most famous legal treatises of all time, On Crimes and Punishment by Cesare Beccaria (1880) outlined arguments against the death penalty, torture to extract information, and even suggest that criminal law should conform to rational, concrete standards. While before there had been issues with excessive torture to access information, secret accusations, the true limit to judges’ power, inconsistency of sentencing between convicts, capital punishments for minor offenses, as well as waiving of cases due to personal connections. Of course, these issues have persisted, though to a much lesser degree. The era of the Prohibition in the United States, for example, was the poster child of corruption in police forces, juries, judges, and sentencing.
Nowadays, there are two schools of thought in the field of Criminology, as well as related branches of study (Penology and such). The Classical School, founded by Beccaria and Bentham, argued that the criminal should be protected from any unethical or unnecessarily harsh consequences. The Positive School of thought, (founded by Garofolo, Lombroso, Ferri), instead attempted to use scientific evidence in cases. While the Classical School defined crime in legal terms, the Positive School rejected the definition; the Classic School saw crime as a legal entity, whereas the Positive School focused on the psychological effects and patterns in criminals. Determinism (Postive School) versus Free Will (Classic School) were and are the two ideas of the respective schools. The Positive School has gained much more traction in the American justice system, however Classical elements remain.
“This school finds supporters in biology, psychiatry, psychology, social work, sociology, and anthropology, each of whom applies the concepts of his science to the study of the criminal. As a result of this orientation, criminology has been dominated by an interest in the individual offender: his personality, body build, intelligence, family background, the neighborhood from which he comes, or the groups to which he belongs. The basic assumption since Lombroso’s time is that an explanation of human behavior is an explanation of crime. The criminologist looks for the etiology of crime in behavior systems rather than in legal systems.” — Clarence R. Jeffery
Bentham, who was much more concerned with the consequences of a crime than the drive to commit it, put an emphasis on the crime in question, not the criminal. Beccaria, likewise, emphasized the legal protection of the criminal against the state. This was detrimental to the core of the Classical School of thought. The Positive School, however, deviated from the definition of crime that had been set and focused instead on the experimental aspects of a crime. Garofolo notes that the concept of a “criminal” presupposes the concept of “crime.”
“Although the naturalists speak of the criminal, they have omitted to tell us what they understand by the word crime.” — Raffaele Garofalo
Garofalo defined natural crime as “an act that offends the moral sentiments of pity and probity in the community.” Allen and Hall later pointed out corruption within legal practices. While Bentham and Beccaria did focus on these issues, Allen and Hall examined the widespread effects of it. Instead, Beccaria expressed that individual rights are supreme.
Due to the significant disparities between these schools of thought and the unpredictable shifts in perception of crime, there is no true definition of crime at the moment. The most common definition of crime by the sociological school is the definition of crime as “anti-social” behavior, or that which contrasts with societal norms to an extreme. Each school of thought begs the question: can all of them be right? Can crime truly be defined, or is it simply unusual behaviors? In each school of thought, there are ideas which could change the field of criminology if the ideals per school were condensed, compacted in an amalgamation of past and present ideas.
Citations:
Allen, Francis A. “Cesare Beccaria.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 11 Mar. 2019, www.britannica.com/biography/Cesare-Beccaria.
Britannica, The Editors of Encyclopaedia. “Cesare Lombroso.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 2 Nov. 2018, www.britannica.com/biography/Cesare-Lombroso
CriminalJusticeResearch.com writers. “History of Criminology — Criminal Justice — IResearchNet.” Criminal Justice, CriminalJusticeResearch.com, Oct. 2011, criminal-justice.iresearchnet.com/criminology/history-of-criminology/.
Jeffery. Clarence Ray, The Historical Development of Criminology. May 1959. 50 J. Crim. L. & Criminology 3. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4793&context=jclc
King, L. W. The Code of Hammurabi. 2017
Roufa, Timothy. “An Early History of Crime and Criminology.” The Balance Careers, 8 Feb. 2019, www.thebalancecareers.com/the-history-of-criminology-part-1-974579.
