Chapter 3 (65-75)

• the emergence of positivist crim   * positivism: method of analysis based on the collection of observable scientific facts   * positivist criminology: search for uniformities in the area of crime / criminal justice   * movement away from French feudal society     * aim: moral reformation through deprivation of liberty and the prevention of crime through deterrence     * prisons had failed to regulate the conduct of “dangerous crimes”       * working class, unemployed, and unemployable (posed a threat to law and order)   * Adolphe Quetelet     * social mechanics     * young males, the poor, and those with bad / no jobs were more likely to commit and be convicted of crimes     * crime has three chief causes       * accidental: wars, famines, natural disaster       * variable: free will, personality       * constant: age, gender, occupation     * $society itself causes crime$     * unhealthy morality was a biological thing and people with bad morals had high criminal propensities
• criminal anthropology   * Cesare Lombroso     * $born criminal$     * scientific criminology had to be based on an analysis of the individual criminal     * examined skulls of delinquent corpses       * similar to the insane, American blacks, Mongolian races, and prehistoric man   * Charles Goring     * social action is inherited and those with a genealogically deviant inheritance would be unable to adapt to social life     * eugenics       * positive: middle and upper classes should be provided with incentive to reproduce       * negative: social undesirables should be isolated, sterilized, and castrated     * adverse environmental conditions and mental defectiveness caused recidivism       * sociological facts and mental capacities were independent of each other       * defective qualities of individuals in a given species weren’t influenced by social environment
• neoclassical criminology   * decreased (?) classical (gabriel tarde)     * individuals should be accountable for their actions whether or not they have free will     * many classical legal reforms were impractical       * individuals are unique and shouldn’t be subjected to uniformity of treatment   * decreased positivism (gabriel tarde)     * based in determinism, so if crimes were truly out of their control, rehabilitation wouldn’t work       * resulted from leniency from prosecutors   * neoclassical compromises     * an offender’s character is open to analysis     * punishment should fit the crime - imprisonment should be mainform     * treatment of criminal should be individualized     * punishment should also include deterrents     * death penalty should be abolished

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