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Introduction
The problem of understanding the notion that the commission of
a crime is a choice or not and the corresponding penalty or remedy
should be applied has produced so many schools of thought. One of
them is the positivist theory or realistic theory. It has been brought
about to address the limitation of classical thinking in criminal law.
The superficial assertion that crime is merely a choice has
brought about the evolution of the contradicting theory of positivism,
that the commission of a crime is not a choice but is brought about by
some factors that it would be committed even if it is contrary to ones
volition. Such factors biological, psychological and physical are
essential in explaining why this theory had come about.
The significance of this study is that it tries to present this
material as a part of the history of an idea. It is such a broad and
complex issue that a deep understanding of the theorys evolution is
vital to the reader for a deep understanding of the underlying
principles, the biological and psychological makeup and its social
impact. This study sought to answer not only the underlying principle
but also its strengths and weaknesses as compared to classical
thinking.
Positivist theory is vital in the evolution and advancement in
criminological thinking. Classical thinking, while giving a penalty
greater than the pleasure for violating a law has proven successfully to
be a great deterrent in the commission of crime. Positivist theory is
more focused on the reformation of the individual and correction of
behavior so as to limit the commission of crime in society.
is
subdued
occasionally
by
strange
and
morbid
History
In the early 1800s, public executions used to be commonplace.
The idea was that society would be afraid of the public punishment
that came with wrongdoing and adjust their actions. This reasoning for
punishment aligns with a view known as utilitarianism. Utilitarianism is
a theory that one is motivated by pleasure and the fear of pain, so
punishments can be used as a deterrent to commit crimes. In the mid1800s, ideas about criminals and punishment started to evolve.
Positivist criminology began to emerge, which is the study of criminal
behavior based upon external factors.
One famous positive criminologist was Cesare Lombroso. In the
mid-1800s, he studied cadavers and looked for physiological reasons
for criminal behavior. Lombroso distinguished between different types
of criminals, including the born criminal and the criminaloid. Lombroso
issued studies indicating that born criminals possessed similar facial
features, which included large canine teeth, large jaws, low-sloping
foreheads, high cheekbones and more. Criminaloids, on the other
hand, had no physical characteristics of a born criminal but morphed
into a criminal during their lives due to environmental factors.
Criminaloids supposedly committed less severe crimes than other
types of criminals.
1
Positivist Criminology: Definition & Theory available at
http://study.com/academy/lesson/positivist-criminology-definition-theory.html
theory.
His
theory
advanced
the
idea
that
East
Asians
&
Hanes,
(2008)
the
growth
of
ancient
theory
classical
school
of
criminology
was
invented
in
the
Supra.
3
theory,
Jeremy
Bentham,
gave
rise
to
the
idea
of
the
criminals
had
to
accept
the
responsibilities
of
Ibid.
7
judicial
systems,
even
though
coming
from
different
philosophical stances.
Bentham's contribution to 'classical' theory is based on the fact
that he was a utilitarian, interested in the happiness and well being of
the population and therefore believing that punishment, in the form of
the infliction of pain, should always be justified in terms of a greater
8
good. At the heart of Bentham's writing was the idea that human
behavior is directed at maximizing pleasure and minimizing pain, (the
pleasure-pain principle).
Bentham believed that crime was committed on the outset, by
individuals who seek to gain excitement, money, sex or anything of
value to the individual and that laws needed to be put into place in
order to make punishments consistent and in line with the crime. He
believed that crime prevention in its effectiveness is down to three
main ideas, these being the certainty of the crime and how likely it is
to happened, the celerity of the crime and how quickly the punishment
is inflicted and also the severity of the crime, and how much pain is
inflicted. Beccaria thought that the severity of the penalties given
should be proportionate to the crime committed and no more than
what is necessary in order to deter the offender and others from
committing further crimes.
Classical thinking says that criminals make a rational choice, and
choose to do criminal acts due to maximum pleasure and minimum
pain. The classical school says criminals are rational, they weigh up the
costs and therefore we should create deterrents which slightly
outweigh what would be gained from the crime. This is the reason
behind the death penalty being viewed by classical thinkers such as
Beccaria and Bentham as pointless, because there would be no
deterrent. However when considering manslaughter, as Bentham also
believes, if the severity of the punishment should slightly outweigh the
crime then surely capital punishment should be used, there doesn't
seem to be any stronger a deterrent to other criminals thinking of
undertaking the same criminal behaviour, than seeing another
eradicated due to their actions.
Classical thinking has had a significant impact on criminological
thinking in general and perhaps a greater impact on criminal justice
practise.In Europe and America the idea of punishments being
appropriate to the nature of the crime has become a foundation for
modern criminal justice systems.
Since the introduction of the classical school of criminology and
classical thinking, the use of capital punishment, torture and corporal
9
classicism,
positivism
views
criminal
behaviour
as
http://plato.stanford.edu/index.html
11
the
main
weakness
of
the
classical
school
of
Ibid.
13
Bibliography
definition-theory.html
The born criminal? Lombroso and the origins of modern
criminology available at
http://www.historyextra.com/article/feature/born-criminal-
lombroso-origins-modern-criminology
Positivist Theory available at
http://plato.stanford.edu/index.html.
Barbara Bradley Hagerty, Inside the Criminal Brain, NPR Morning
Edition, U.S.A., June 29, 2010.
14