The Evolution of Criminology: From Pre-Scientific Beginnings to Statistical Analysis
Item 6. The pre-scientific stage of the CGIA. Origen. Classical approach. Thomas More. Lardizabal. Beccaria’s work. Early empirical trial and error: pioneering penology (Howard and
Bentham), physiognomy (Dellaporta and Lavater), phrenology (Gall Cubí), psychiatry (Pinel, Esquirol, Prichard, Despina and Morell) and anthropology (Darwin). The school mapping or moral statistics (Quetelet and Guerry)
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Origins. The pre-scientific stage of criminology is an early stage that reaches up to 1750 or so. Until then Criminology prevailed there because the law of retaliation, eye for eye, tooth for tooth. Earlier during the Middle Ages, the rules were social or religious character and the nature of punishment was corporal punishment content. In the pre-scientific stage of Criminology two approaches may differ, depending on the method used:
The classic approach:
a product of the Enlightenment ideas of the reformers and the Criminal Law. His method is abstract and deductive.
The empirical approach:
it introduces the empirical approach in the criminal investigation, being composed of different specialists from various disciplines (fisionomiotas, phrenologists, anthropologists, psychiatrists, …). Both views are overlapping in time.
Classical approach
Thomas More. Author of Utopia, is the clearest representative of utopian thought was the first to highlight the connection of crime with economic factors, highlighting the unequal distribution of wealth, especially in the agricultural sector and poverty as the cause of criminal activity. He says that crime responds to a plurality of factors (wars, cultural and educational deficits, social environment, leisure, …) but among them stands for socioeconomic factors.
It reflects the socioeconomic status of the sixteenth century England, where the arrival of peasants wandering the countryside to the city, seen the need to beg or steal to survive, proposing as a solution that ensures each their own subsistence so no one was forced by necessity to steal.
Another prominent proposal is that the offender meets with his work on the victim, thereby compensating for the damage. Openly criticized the harshness and the disproportionate punishment of Beccaria Marques.–
In his work of crime and punishment (1764) Beccaria: Critical irrationality, cruelty and arbitrary punishments. It advocates the rule of law, limits on judicial discretion and the principle of proportionality. Ppo of legality: Are the laws that specify what actions or omissions (behavior), constitutes a criminal offense and the penalties that will correspond to each of them.
The punishments were decreed by the will of the judge. Also at the time the Act is expected to crime, it can play a preventive role as a deterrent, because the offender is fully aware that if you perform the same behavior will lead to certain consequences of proportionality Ppo The penalties should be proportionate to the seriousness of the offense. Division of powers advocates, influenced by the work of Montesquieu’s Spirit of Laws 1748, the division of powers, especially the separation between the legislative and judicial, for the legislature to develop laws, and the court to impose the penalty subject to the law. It advocates a utilitarian conception of punishment. The penalty is to be useful. The death penalty or torture, are not useful. The end of the sentence should not be distressing but preventive (deterrent). Enterhumanization and rationalization in the penal system: The penalty certain, swift and proportionate to the crime is more effective than harsh and cruel punishment. The pillars of its criminal policy were: Laws clear and simple. Prevalence of freedom and reason. Justice free of corruption. Citizen Rewards honest. Elevation of the cultural and educational level. He criticizes the death penalty through a curious utilitarian approach, maintaining that it is not helpful.
Manuel de Lardizabal .-
The Spanish Beccaria. His work was directed to the experts and provided an advance of coding. Impact on prevention (Utilitarianism). The penalty must be provided by law, be personal and not transferable, and be based on guilt. The penalties should be proportionate to the seriousness of the crime, must have publicity in order to be known by all and must be placed promptly.
Early empirical trial and error: pioneers of penology, physiognomy, phrenology, psychiatry and anthropology
In the pre-scientific stage is a change in the method of study, observation began to be used.
In this approach different constructions doctrinal overlap and multiple fields of knowledge. Is preparatory to criminological positivism.
Penology Pioneers of Howard and Bentham, studied the reality of his era prison novel, and proposed reforms.
Howard is starting to address prison conditions through their own experience. As a result of his experience in 1777 wrote his book State of Prisons in England and Wales in which he denounced the prison system of the time. It advocates a reform of the penitentiary system: 1.
Prisons hygiene to prevent diseases and epidemics. 2.
Separate and classify convicted felons, those convicted of misdemeanors. Classifications by gender, age and type of sentence. 3.
To promote the work of convicts in prisons and compulsory education
4.
Adoption of the cellular system, ie the isolation of the convicted in a cell. 5.
Removal of the right of major reforms carcelaje got through HOWARS ACTS (Acts Howard)
Bentham:
His most famous contribution was his famous Panopticon prison as an architectural model. Circular design and a watchtower in the center.
Bentham seeks to find less painful punishment among the most useful punishment
Achieve improvements in the conditions of feeding, hygiene and care of prisoners released.
Criminological contributions to knowledge from various fields of knowledge: Physiognomy:
The Physiognomy relates to the external appearance of the individual and the interdependence of soma and psyche, body and personality, the external and internal.
(Interdependence healing psyche)
Great importance in the seventeenth and eighteenth centuries. This is an old idea: Body and soul are intimately connected, so that somatic deformities correspond to faults and defects and spiritual mood. It is the germ of phrenology
Impulsa anthropometric studies to identify the specific offender and I draw attention to Criminology on the need to observe the male offender.
The two most prominent representatives Della Porta and Lavater: Della Porta:
In his work on the Phytognomonica human physiognomy (1583) studied the gestures and facial expression, arguing in their studies that certain moods are external reflection (sadness-crying, joy-laugh), just as criminal behavior can be observed externally. It is the first that links body and mind, using an empirical prison visiting and studying autopsies of criminals.Lavater as the person’s physical well be his mind, there is a deep interdependence between external and internal to man. The beauty or ugliness of the face have fair correspondence with the goodness or badness of spirit. Then, design a sketch of the man of natural evil would be the incorrigible offender and the most dangerous of all and that stands out for its ugliness corporeal anticipation of Lombroso’s born criminal. Physically describes the offender. This concept responds to a pre-scientific conception of crime and vulgar, lacking from the standpoint of methodological rigor slightest.
Phrenology:
The development in the nineteenth century as a continuation of the work of the physiognomy, without reaching pre overcome the state of science. Precursor of Neurophysiology and neuropsychiatry. The Phrenology defends and advocates the theory of location in which each soul has its seat function in an organic cerebro.Etiologicamente area, the cause of crime lies in malformations and brain dysfunctions. Methodologically, these malformations can be investigated through the study of the skull. The main contribution of phrenology: Sets the correlation between certain brain dysfunctions and behavioral disturbances, such as the criminal.
REVIEW
Its main author and founder was Franz Gall This author reviewed 780 offenders and find where it was believed the sexual instinct, patrimonial the murderer and the moral. It developed a brain mapping with 38 regions in which reside the psychic powers of the individual feelings and instincts. With this idea considered the father of phrenology, Franz Gall wrote in 1810 the work Craneoscopia.
This book develops the theory of location.
Will placing in the brain physically different human powers. Develop a geographical map of the brain (ORGANOGRAPHIA). This was divided into 38 regions, placing in each different human powers.
Cubi y Soler, Mallorca author, in his Manual of Phrenology (1843) developed the theory of location with curious conclusions as to when the sides of the head of a man was supposed to be lumpy himself was a crook or a thief.
He also developed a phrenological map dividing the brain into regions.
Psychiatry:
Study the offender as mentally ill. The postulates of psychiatry are targeted based on two theories:
Value crime – madness: the subject offends because mental illness and therefore the crime is caused by moral insanity that is a deficiency of moral substratum of personality. Degeneration theory: the offender is a patient of moral insanity, hereditary disease that is transmitted from generation to generation causing a degeneration of the human species in the long run. This theory does not hold today.
The principal authors are:
Pinel is the pioneer of the science that is now known as Psychiatry (Father of Psychiatry).
Created the first psychiatric center and conducted medical follow-up of mentally ill and the initial clinical diagnosis and psychiatric grounds. For this he was known as the father of psychiatry.
It was the first to distinguish between mental patients and criminals.
Esquirol is a star pupil and pupil of Pinel, continuing the work he had begun this contributed to the consolidation of psychiatry as a separate discipline andconducted a systematization of psychiatric illnesses, which are called mania, and classified as: a. –
Hobbies intellective
These are diseases that affect the intellect. B. –
Hobbies affective
Are those that concern the field of emotions, emotion, character components, etc.. C. –
Hobbies instinctive or volitional
That affect the will. (Monomanias or partial insanities)
Prichard, is the first abnormality detected in patients in the emotional side but leaving intact the intellect.
It would be the profile of the person is now called psychopath
In their studies psychopathic uses the concept of moral insanity or moral insanity, for people who have affected morale and are unable to feel affection or remorse. In cases of this kind of moral principles or assets of the mind are strangely perverted or depraved; the power of self is lost or badly damaged. Prichard refers to a moral involvement is not assigned to the intelligence.
Despine uses a deterministic approach that is close to positivism. Considers that the offender would be a moral Loco without free will. One patient incapable of ethical values.
Morel developed the theory of degeneration According to this theory the criminal is identified with a being who suffers mental and physical stigmata transmissible degenerative and hereditary. It represents a clear influence on Lombroso.
Anthropology:
For criminal anthropology, the offender is in a lower human subspecies, degeneration, morbid. The study method is similar to phrenology: a study of the skulls.
Darwin, is the leading exponent of anthropology through his work The Descent of Man and his explanation of the struggle for survival in nature where only survive more strong = Law of natural selection of species. The main tenets of anthropology:
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The offender is a spice not evolved. An atavistic subject
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crime is transmitted by heredity.
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The deficiency must be corrected.
The moral or school statistics Mapping
Mapping The school represents the true ancestor of the Italian positivist school. Under this heading are considered a series of doctrinal theories and schemes devised the crime as a mass phenomenon, as fact or social phenomenon, and apply the same methods of analysis: quantitative and statistical. As a sociological examination of the crime, reveal four principles: the crime is a massive social phenomenon, not a single event. Therefore we should not study both the offender in a particular way but the structure itself criminal. The crime is a surprisingly regular and constant magnitude.
Repeat with absolute precision and timing, a product of social laws, that the researcher must discover and develop. That is, the crime always be moved by the minimum parameters that society will not be able to download, own momentum generated by the society. Not only studies the cause of crime but also their quantification or statistics. There can be zero crime rate because man is free, and anyone can decide at any time be antisocial behavior. Crime is a normal and inevitable phenomenon in society, each company gives an annual crime rate in the same way that society has a rate of births and deaths. It is a normal phenomenon, inevitable, necessary and constant. As there is a constant and regular volume is able to accurately forecast the kind and number of future crimes. The only appropriate method for investigating the crime as a social phenomenon of mass, is the statistic. The two authors most representative are:Quetelet and Guerry. Quetelet geographical studies of crime. Moral statistics. Pick a city proposes to measure and subdivide the criminal types that occur in that area. Would then need to determine the causes of these crimes to prevent them. He argues that there is a statistical correlation between certain crimes and widely varying factors such as climate, geographic location, illiteracy, poverty, etc.. His main contribution was the geographic study of crime, focusing on the offense from the point of view of location. An example would be in the Murcia region is subdivided into different areas, for example three, the Central, the Watchtowers and Infante, within these areas, it would investigate the crime rate in each of these areas, then acotaríamos measures to try to reduce criminal behavior.
Quetelet sought to identify factors that influence the crime, and isolated those who felt more relevant, making a special study of the influence of the climate factor in the commission of crime.
In raising these ideas created the known laws THERMAL, establishing the correlation between climate and criminal behavior.
In the summer period there is more offenses bloodiest, most passionate. In spring, increasing crime of a sexual nature. In winter, however, increased for property crimes.
Quetelet also studied the sex factor, and determined that the man offended more than women. And was to examine how the crime impacted on by determining which offenders were 6 times more men than women. The ratio was 6 to 1 with male predominance. Finally studied as the age factor impacted on the crime, and concluded that the majority of offenders were around 20 years old. At present such an approach could be maintained, even taking into account increased life expectancy by 20 years what would have then led to the current 6 or 7 years. According to the age factor: some crimes are committed in terms of age: Children: household thefts. Adolescence: sex crimes. Youth: more violent crimes. Maturity: crimes of fraud and cunning. Aging: crimes against property, sexual abuse. Quantitatively, most offenses are committed on middle age, the highest rates are around 14-25 years for men and 16-27 for women.
Guerry:
He was the founder of the school mapping Belgian franc, which conducted a study of the geographical distribution of crime in France.
He introduced the use of statistics in the study of human phenomena and in particular crime. His main work: Essays on the moral statistics in France 1835. Established the following laws: The geographical areas determine the causes of crime. In the North of France or north had a greater number of crimes of nature heritage. In the south or south had more number of violent offenses against persons.
Kropotkin a formula for calculating the number of homicides per year. Consists of adding the average temperature + multiplied by seven multiplied by the average humidity two.