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Classical Theory 1764
CesareBeccaria (1738-1794) wrote the book ‘Dei delitti e delle penne’ which when translated to the English language means ‘On crimes and Punishment’. The book proposed that a penal system should be put in place that requires the offender to be punished, however the punishment should reflect the severity of the offence. -
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The extreme forms of procedures put in place to investigate crime, such as torture, should be deemed as pointless and ineffective. Beccaria proposed that the conditions of the entire prison facilities should be altered to ensure they are of higher quality environment for the offenders to serve there sentence in, that the physical treatment that the offenders receive should also be of a higher standard and the offenders should be separated depending on various factors such as age and whether or -
Classical Theory 3
not the offender is male or female. Beccaria also stated that the offenders should occupy different sections of the prison facility depending upon the severity of the crime. The statements and proposals that Beccaria made in his book have had an impact on the current crime policies in the 21st century as in certain other countries, such as the United States of America, were certain offenders are on death row. -
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This aforementioned fact shows that the offenders have in fact been separated because of the severity of their crime, as Beccaria suggested. The statement made by Beccaria, that offenders should reside in a prison facility of a high standard, can be made applicable to the current crime policies of the 21st century as the offenders have access to facilities such as games, high quality -
Classical Theory 5
meals and in some cases the opportunity to gain an
education. Beccaria also suggested that the offenders should be separated depending upon whether they are male or female and this is applicable to the crime control policies of the modern world as the offenders have their own cells, in some cases there will be prisons for males and prisons for females, and this prevents the opportunity for further crimes taking place -
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. Beccaria suggested in his book that the ‘The despotic spirit’ is part of every individual, meaning that everyone is capable of carrying out a criminal offence, and this is often referred to in codes of legal practice of today. Beccaria also wanted to enforce the idea of a system were the offender received a punishment in a quick manor, meaning that the Criminal Justice System responded promptly. -
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This aforementioned piece of information is applicable to the 21st century as political parties, when it comes to the time for the general public to vote, want to enforce the idea that they will ensure that any criminals are sentenced and imprisoned in a short period of time, -
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this in turn enables the public to feel safe. The general public will also want to know that the government is ensuring that individuals who are employed and work as part of the Criminal Justice System (CJS) are ensuring that offenders are serving an appropriate length of time for the criminal offence that they have committed. -
Positivism
Positivism is a theory, proposed at the start of the nineteenth century, which encapsulates the idea that even though every individual is brought into the world innocent they can go on to commit a criminal offence because of their genetic makeup. -
Positivism 3
Positivism focussed on identifying the reason behind an individual committing a criminal offence and subsequently administering an appropriate form of treatment to prevent the individual from committing any further criminal offences. The aim of positivism essentially was to cure an individual using various forms of medication. -
Positivism 2
Positivism focussed predominantly on the offender’s internal processes and the way in which they act, certified individuals studied offenders to try to collate evidence to prove the theory was valid. The individuals committing criminal
offences were also sent to mental institutions with the intention of being reformed and no longer carrying out illegal activities. -
Positivism 4
It was also at this pivotal period of time that the revolutionary leaps were being made regarding medication and its uses, the offenders were used as participants to enable the experimenter/s to see if there was a desired outcome. Positivism is applicable to the crime policies of the modern world as when an individual commits a criminal offence the investigators involved in the case will look at the individuals -
Positivism 5
It was also at this pivotal period of time that the revolutionary leaps were being made regarding medication and its uses, the offenders were used as participants to enable the experimenter/s to see if there was a desired outcome. Positivism is applicable to the crime policies of the modern world as when an individual commits a criminal offence the investigators involved in the case will look at the individuals -
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reason for committing the crime such as their upbringing or their financial situation. In the 21st century there has been a recession which had a knock on effect on society in Great Britain and placed certain individuals in the position where they felt that they had no other choice but to commit a crime, for reasons such as feeding their family. The government in power at the time of the recession where required to reassure the -
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the general public that they were using crime control measures, such as CCTV, to apprehend the individuals committing the crime/s. The importance of this reassurance would be to enable the general public to feel safe and also have faith in the political party in power, which in turn would potentially win the political party votes at the next general election. -
Biological Theory
Cesare Lombroso (1836-1909), a biological positivist, published his theory in 1875 which he entitled ‘On Criminal Man’. He was a psychiatrist who believed that criminality was hereditary and criminals could be identified by their physical characteristics. His theory of the ‘born criminal’ was based on his observations of the physical characteristics of convicted Italian prisoners which he then compared to Italian soldiers. -
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He also believed that a ‘born criminal’ would also have other traits besides the physical ones; most criminals
had tattoos, criminal slang they would use, unemployment, a grotesque way of expressing thoughts and a hypersensitivity on pain and touch. Lombroso determined that a ‘born criminal’ could be identified as a man with five or more of the biological traits that he -
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stated, such as facial asymmetry. Lombroso’s theory has since been discredited as the attempts made by scientists to try and gather evidence to suggest the validity of the study was unsuccessful. Lombroso’s theory, even though it has been discredited, can be linked to crime control policies of the 21st century as criminal slang is addressed in facilities such as -
Biologcial Theory 4
facial asymmetry. Lombroso’s theory has since been discredited as the attempts made by scientists to try and gather evidence to suggest the validity of the study was unsuccessful. Lombroso’s theory, even though it has been discredited, can be linked to crime control policies of the 21st century as criminal slang is addressed in facilities such as -
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high schools through lessons. This in turn may prevent a criminal offence from taking place as an inappropriate term used by a high school student, which may have led to an attack, can be prevented. Lombroso also proposed in his theory that tattoos linked to the likelihood of an individual committing a criminal offence, this links to the 21st century as the government ensure that there is equal rights no matter how an individual chooses to express themselves. -
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Lombroso’s theory links to the modern way of living as the majority of people stereotype other individuals depending upon their appearance and their manor. -
Voluntarism 3
councils of Great Britain, were criminal offences are being committed on a larger scale, are funded to provide a service such as sport classes that teaches discipline. This type of activity would be intended to prevent individuals from committing crime or reform offenders by enabling them to channel their aggression, if they have behavioural problems,
or teach individuals self discipline. -
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councils of Great Britain, were criminal offences are being committed on a larger scale, are funded to provide a service such as sport classes that teaches discipline. This type of activity would be intended to prevent individuals from committing crime or reform offenders by enabling them to channel their aggression, if they have behavioural problems, -
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or teach individuals self discipline. The government in place and other political parties, during the time the general public vote, will want to enforce the fact that they will offer funding for projects that will teach individuals the knowledge of acceptable and unacceptable behaviour with the intention that they then relate this to a scenario where the opportunity to commit a criminal offence is involved. -
Voluntarism
Voluntarism is a theory that acknowledges the fact that every individual living being has the capability to commit a criminal offence but they also have free will which in turn means that they should know right from wrong. This means that every individual has the choice to commit a criminal offence. Voluntarism is relatable to crime control policies of the 21st century as, similarly to the classical theory, -
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the offender should be punished for that specific offence with the intention of the sentence being a deterrent for the offender. Procedures such as police working with known offenders, with the intention of reforming them, is enforced by the current political party that is governing the country with the idea that this will in turn prevent the individual from committing further offences. Certain -
Determinism
Determinism is a theory that states, in a similar format to positivism, that an individual will commit a criminal offence because of circumstances that the individual cannot prevent. Determinism does not believe that a punishment will be a sufficient method to prevent an individual from carrying out further illegal activities. Determinism falls under the bracket of positivism as the individuals who believed in positivism wanted to treat the individuals committing criminal offences rather than -
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put them through a severe punishment. The proposal of rehabilitation, meaning that offenders receive the care they require in order to prevent them from committing any further criminal offences, would be enforced as opposed to sentences served in a prison for example. Determinism links to the crime control policies of the 21st century as the government, and other political parties -
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campaigning to be in power, want to reassure the public that offenders suffering from mental health related issues are receiving the appropriate treatment that they require in order to prevent them from carrying out further criminal offences and being a danger to society. -
Interactionism
Interactionism is a theory that brings into question whether or not an individual can be socially stereotyped in terms of factors such as; attire, background or the manor by which they conduct themselves. This stereotyping would link directly, if believed to be true, as to whether an individual has or intends to commit a criminal offence. Interactionism looks into the labelling of individuals in relation to the aforementioned factors. -
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Howard Becker, who is a sociologist, conducted a study that was published in 1963 that aimed to identify the effect of labelling in relation to society. The study was entitled ‘Outsider: studies in the sociology of deviance’. Becker’s results showed that individuals that spent time with each other in a social circle, that was unique to the rest of the individuals, would be alienated and defined in a particular way. -
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This would in turn result in the individual’s behaviour altering in a manner that the people outside of the group would expect. Interactionism links directly to the crime control policies of the 21st century as the government has to ensure that lessons are provided, particularly in high schools, to prevent hate crime from occurring because of evidence that hate crimes are taking place as a result of individuals attacking people, whether it be; verbally, mentally or physically -
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for the way they dress. Social stereotyping has been addressed by the government and is monitored by the government to ensure that crimes related to social stereotyping decrease. -
Realsim
Realism replaced the theory of positivism, in the later part of the 20th century, as it aims to emphasize the care/ treatment that the victim receives rather than the care/ treatment that the offender receives. Positivism is the opposite to realism in many ways as it focuses on identifying the reason behind an individual committing a criminal offence and subsequently administering an appropriate form of treatment to prevent the individual from committing any further criminal offences. -
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The fundamental flaws with the theory of realism are that it dismisses the idea almost that the offender is less important to treat than the victim, whereas they both need equal treatment even though one has committed a criminal offence. The victim will require emotional and physical support, if they are injured, and the offender will also require support that would be administered with the intention of preventing the individual from committing any further criminal offences. -
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The theory of realism promotes the use of systems such as CCTV which enable the general public to be monitored, which in the opinion of certain members of the general public is an invasion of their legal right to privacy. Right realism also states that the offender has decided to commit the criminal offence, this is referred to as them carrying out their free will, however the offender may be mentally ill and this theory does not seem to account for that contributing factor. -
Realsim 4
Right realism is a theory that aims to emphasize the care/ treatment that the victim receives rather than the care/ treatment that the offender receives. An example would be an individual having an item stolen from there purse but the offender receiving a more sufficient form of care than the victim who has suffered the trauma. Positivism is a theory which aims to treat an offender using medication and further supportive methods, as opposed to punishment via imprisonment. This aforementioned -
Realism 6
Right realism links to the crime control policies of the 21st century as the government, and other political parties campaigning to be in power, want to enforce to the general public that offenders are receiving the punishment that is effective enough to prevent them from committing further criminal offences. This aforementioned information will also enable the general public to feel safe and also more inclined to vote for the political party that is ensuring their safety. Right realism has al -
Realsim 7
the crime control policies present in the 21st century, such as CCTV as it enables individuals to take it upon themselves to install a camera/s that will allow them to have the power to assist with the identification process in the case of their property being burgled. The invention of CCTV also enables properties such as hotels, shopping centres and supermarkets to survey their property and assist with the identification process if a criminal offence takes place. CCTV has become a predominant -
Realsim 8
predominant method of crime control from the time of the 1970’s as it was an era of the distribution of new inventions regarding technology. CCTV enables the individuals working as part of the Criminal Justice System (CJS) to use the video footage obtained from the CCTV as evidence used for either the prosecution or defence of a suspect on charge for a criminal offence. The ASBO (Anti-social behaviour order) scheme has also enabled offenders to be monitored via an electronic tag, the -
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government publicised this scheme as a method to reduce the quantity of criminal offences taking place. However, the scheme became a symbol, similar to a badge of honour, from an offender’s point of view. In cases, where the ASBO has been successful, the Criminal Justice System (CJS) has been able to ensure that offenders remain where they have been instructed to do so and do not breach any official orders that the Crown Court has implemented. The ASBO -
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also enables offenders who have not carried out criminal offences that are deemed severe enough for imprisonment to be monitored in an environment that has been ordered, which in turn enables Police stations and Prisons to have space available for offenders that have committed serious criminal offences such as murder. -
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Left realismis a theory that aims to enforce the serious nature of criminal offences and the detrimental effect that they have on the general public, the general public agree with this statement. The general public have stated that it was individuals from a working class backgrounds that were committing criminal offences that affected other members of the working class. Left realism also instigated the carrying out of the Crime Survey England and -
Realism 12
Wales as a method of identifying the effect that a criminal offence has had on the victim of the criminal offence. The Crime Survey England and Wales also allowed the data to be collated that would enable the form of crime being committed to be looked into in more depth. Left realism links to the crime control policies of the 21st century as the Crime Survey England and Wales enables a certain quantity of members of the general public to state what criminal offence, if any, they have been -
Realsim 13
victim of and also the data can be collected and used alongside the data acquired from the Police to establish the crime statistics. The crime statistics will in turn be relayed to the government who will make an informed decision as to what measures need to be put in place to prevent crime and reduce figures. -
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information is the
opposite of right realism as right realism aims to implement a harsh punishment that will in turn prevent offenders going on to commit further illegal activities. It is also stated as part of right realism that the offender has decided to commit the criminal offence, free will, which is the main foundation of voluntarism, and this directly contradicts with the theory of positivism which states that the offender is incapable of controlling their actions
