• Challenged the prevailing idea that humans are predestined to fill particular soical statuses.
• Claimed that people ae born as free, equal, and rational individuals having both natural rights, including the right to privately own property.
• Believed that government was not the automatic right of the Rich. Rather, it was created through a soical contract in which free, rational individuals sacarificed part of their freedom to the state to maintain peace an security on behalf of the common good. 
• The government would then use this power to protect individuals against those who would choose to put their own interest above others.
• He insisted that law and resolving legal ambiguites should be the exclusive domain of elected legislators who represented the people.
• He believed that crime offended society because they broke the social contract resulting in infringement on others' freedom. 
• Believed that the only basis of conviction was the facts of the case. This lead to the principle of the presumption of innocence (desinged to protect individual rights against excessive state power or corrupt officials.
• Believed that individual rights would be best protected through an adverserial trial. 
• Argued laws and punishments should be only as restrictive as necessary to just deter those who would break them by calculating that it would not be in their interest to do so. 
• Believed that punishments should be proportionate to the harm caused; thus, the severity of the harm determines the levelof punishment.  Thus the severity of the harm determines the level of punishment.

[image]

Offered the notion of the hedonistic or felicity, calculus as an explanation for people's actions. This calculus states that people act to increase positive results through their pursuit of pleasure and to reduce negative outcomes through the avoidance of pain. Bentham believed that people broke the law because they desired to obtain money, sex, excitement, or revenge.  Like Beccaria, Bentham saw law's purpose as increasing the total happiness of the community by excluding mischeif and promoting pleasure and security. He believed that for individuals to be able to rationally calculate, laws should ban harmful behavior, provided there is a victim involved. Crimes without victims, consenual crimes, and acts of self-defense should not be subject to criminal law, because they produce more good than evil. Laws should set spcific punishments (pain)  for specific crimes in order to motivate people to act one way rather than another. Benthan argued that punishments should be scaled so that an offender rationally calculating whether to commit a crime would choose the lessor offense.

[image]

• First and foremost was the the assumption that all people were equal.

Concluded that with few and isolated exceptions, rehabilitative efforts have had no effect on recidivism. Rehibilitation said to be ineffective (NOTHING WORKS).

Justice theorist pointed to a tendency for rehibilitation  and treatment to drift toward discretion and inconsistency. They claimed that in spite of its advocates emphasis on understanding and concern, rehibilitation often inflicted more cruelty than the punitive approach.  They despised the discriminatory use of penal sanctions and the wide margins of discretionary power in the hands of police, district attorneys, judges, correctional administratorsm, parole boards and parole agents. 

In response to these problems, a move  back toward policies based on classical principles developed. From the ases of rehibilitation skepticism rose the justice , or just desserts model.This model was a reflection of many Beccaria and Bentham's original principles. 

1. Limited discretion at all procedural stages of the criminal justice system
2. Greater opnenness and accountabiltiy 
3. punishment justified by the last crime or series of crime (neither detterrence goals nor offender characteristics justify punishment). 
4. Punishment commensurate with the seriousness of the crime, based on actual harm done and the offenders culpabiltiy. 

Focus on the design , security, and surveillance measures that potential victims may take to frustrate potentioal offenders.

The goal is to increase the difficulty, risk of apprehension, and time involved in conmmiting crime. 

These same therorist, rarely consider applying such enviornmental disincentives to crimes of the powerful. 

One ramification of adopting such practices is that potential criminals may seek other less-vulnerable targets.

[image]

Cesare Lombroso was an Italian university professor and criminologist, born in Nov. 6, 1835, in Verona, who became worldwide renowned for his studies and theories in the field of characterology, or the relation between mental and physical characteristics. Lombroso tried to relate certain physical characteristics, such as jaw size, to criminal psychopathology, or the innate tendency of individuals toward sociopathy and criminal behavior. As such, Lombroso's approach is a direct descendant of phrenology, created by the German physician Franz Joseph Gall in the beginning of the nineteenth century, and closely related to other fields of characterology, such as craniology and physiognomy. His theory has been scientically discredited, but Lombroso had the merit of bringing up the importance of the scientific studies of the criminal mind, a field which became known as criminal anthropology.

Lombroso studied at the universities of Padua, Vienna, and Paris, and was later (1862-1876) a professor of psychiatry at the University of Pavia and of forensic medicine and hygiene (1876), psychiatry (1896) and criminal anthropology (1906) at the University of Turin. He was also the director of a mental asylum in Pesaro, Italy.

Lombroso's main idea was partly inspired by the evolutionary and genetical studies at the end of the nineteenth century, and proposed that certain criminals had physical evidence of an "atavistic" (reappearance of characteristics which were present only in distant ascendants) or hereditary sort, reminiscent of earlier, more primitive stages of human evolution. These anomalies, named as stigmata by Lombroso, could be expressed in terms of abnormal forms or dimensions of the skull and jaw, assymmetries in the face, etc, but also of other parts of the body. These associations were later shown to be highly inconsistent or plainly inexistent, and theories based on the environmental causation of criminality became dominant.

Despite the unscientific nature of his theories, Lombroso was highly influential in Europe (and also in Brazil) among criminologists and jurists. Among his books are L'Uomo Delinquente(1876; "The Criminal Man") and Le Crime, Causes et Remèdes (1899; Crime, Its Causes and Remedies).

Evolutionary Throwbacks

[image]

The major emphasis of this applied science of criminology is that humans have unique characteristics, or predispositions that udner certain conditions, lead some to commit criminal acts. In short, something within the individual strongly influences his or her behavior, but this will occur only under certain environmental conditions. For some the setting and act together provide a thrill that according to biological theorist, might satisfy an ABNORMAL NEED for excitement.  For others, the environmental trigger to crime might be alcohol, drugs, or being subjected to authority. 

Early biological criminologist believed that the key to understanding crime was to study the criminal actor, not the criminal act. Of central importance was how to study the criminal. Accurate investigation of human features demands both rigorous methods and careful observation. This approach adopted by these pioneers of scientific criminology is calaled the positivist method.

1. Born criminals, was atavistic, responsible for the most serious offenses, and recidivist. This group mad e up about a third of the criminal population and was considered to be the most dangerus and incorrigible.
2. Criminals by passion commits crime to correct emotional pain of an injustice.
3. Insane criminals who could be an imbecile or have an affected brain and  is unable to distinguish right from wrong. 
4. The occasional criminal which included four subtypes. The occasional criminal who is weak in nature and eaisly swayed by others.  the epileptoid, who suffers from epolepsy, the habitual criminal whose occupatio is crime and the pseudocriminal, who commits crime by accident.

• UK medical officer- tested idea of born criminals
• Compared prison inmates to university undergraduates, soldiers,  professors, and hospital patients.
• Found no significant differences between behavior and 37 Lombrosian physical traits BUT HE DID FIND THAT BODY STATURE AND WEIGHT WERE SIGNIFICANT. 

Tolerent, Sociable, Evenness of Emotions, Good Humored, Relaxed, Need for Affection.

Least likely to commit crime

Self consious, private, introverted, socially anxious, artistic mentally intense, and emotionally restrained.

Most likely to abuse drugs

Adventurous, Power Hungry, indifference to Desires of others, assertive, zet for physical activity, competitive, love of risk and chance.

Most likely to become juvenile delinquents and other violent individuals ( but also famous generals and politicians).