Introduction to Criminology CRJ 210

Bentham Introduction to Criminology CRJ 210 Freud The Search For Causes Dr. Tom Luzinski Marx Darwin 8/31/2010 1

Let us start with definitions and reflections… • “Social Contract” - describes a broad class of theories whose subjects describe implied agreements by which people form nations and maintain a social order. • Such Social Contract implies that people must give up some rights to a government and/or other authority in order to receive or jointly preserve social order (or protect us). 8/31/2010 2

In our case as CJ Students, • We understand that as citizens, our obedience to laws and legal authority is required as necessary for an orderly society to exist. • Accordingly, we agree to the State’s control of our Conduct, as being required, in order for it to protect us. • This control is evident in the laws it enacts for just that very purpose. • However, our obedience to that control limits and curbs our individual liberties! • Thus, we have a “social contract.”

Crime • Is – conduct in violation of a criminal law of a state, the federal government, or of a local jurisdiction for which there is no legally acceptable justification or excuse • It is a violation of the social contract also. • There are two types of Crimes that Criminologists are interested in studying: • Mala in Se • Mala Prohibita

Mala In Se vs. Mala Prohibita • Malum in se (plural mala in se) is a Latin phrase meaning wrong or evil in itself. • Strong in Old Testament notions of Good and Bad. • The phrase is used to refer to conduct assessed as inherently wrong by nature, independent of regulations governing the conduct. • For example, murder of human beings is universally agreed to be wrong by other human beings, regardless of whether a law exists or where the conduct occurs, and is thus recognizably malum in se. • Therefore, Crimes such as theft or larceny, sexual assault and murder are considered malum in se. • UCR Part I Crime is Mala in Se

Now for Mala Prohibita • In contrast, consider driving laws. In the U.S., people drive on the right-hand side of the road. • In the UK and other states of the British Commonwealth, people drive on the left-hand side. • This is an example of a malum prohibitum law because the act is not inherently bad, but is forbidden by policy, as set forth by the policy-makers of the jurisdiction. • Malum prohibitum crimes are criminal not because they are inherently bad, but because the prohibited act is forbidden by the law(s) or policy of the state. • God probably does not care if we involve ourselves in Mala Prohibita crime. This is because he/she had nothing to do with its enactment!

Deviance- Is a violation of social norms that define appropriate behavior under a particular set of circumstances • The Problem: Does criminal law reflect a reaction to social affronts caused by simply an affront to our social norms (deviances)? • The Answer is YES! Deviance leads to Crime • This is because Crime is affected by three variables, which are our agreement about the (1) norm, (2) the severity of social response, and (3) the evaluation of social harm. • Huh…what?

“Social Agreement” and Crime • This factor contributes to how the public views the crime, whether or not they believe that the norm is beneficial for society. • If different people cannot agree on the rules of the norm or how strongly it should be enforced, then a law with weak social agreement will be weak. • Abortion is an example of a right that is hotly contested today, and would be considered having low social agreement. • How about “gay marriage?”

“Social Response” and Crime • This factor determines how serious the crime is by the seriousness of the punishments meted out. • This is an indication of how serious an offense the society views a specific deviance or crime. • For instance, in the early 20th century, the use of cocaine and opiates were very popular with upper-class women for pain relief. Therefore, it was viewed as an acceptable activity. • However, in recent times, the trafficking and use of cocaine and heroin have become very stigmatized, with these activities bringing severe legal penalties. • This is an example of an act that used to have a low social response but has changed to arousing severe social responses.

“Social Harm” and Crime • This evaluation indicates the level of harm that a particular crime puts on the society. • Some crimes are "victimless" since they harm only the criminal, but some crimes hurt others or social institutions themselves. • Prostitution and Drug usage would be considered low in social harm, while an act such as serial murder would be considered high in social harm.

Whatever…the Main Question is… • Given the Sociology of Crime, why does a person commit a crime? • The Answer is…we do not know. • We do have many theories that attempt to explain or answer the Main Question as you will see. 8/31/2010 11

So, what’s a theory… • It is a set of interrelated propositions that attempt to describe, explain, and predict a set of events • It begs to be tested scientifically and hypothetically. 8/31/2010 12

To permit the construction of models that allow for a better understanding of criminal behavior and which enhance the development of strategies which allow us to address the problem of crime Science identifies the following goals of any theory: understanding explanation prediction A Phenomenon or happening of some sort The Goal of any Theory 8/31/2010 13

Some Categories of Criminological Theory • Classical • Biological • Psychobiological • Psychological • Sociological • Social-Psychological • Conflict • Phenomenological • Emergent Oh, wow Dude! 8/31/2010 14

“Classical School” Theory • Classicism, is a term that means clearness, elegance, symmetry produced by attention to traditional forms. • It is sometimes synonymous with excellence or artistic quality of high distinction. • More precisely, the term refers to the admiration and imitation of ancient Greek and Roman literature, art, and architecture. • Because the principles of classicism were derived from the rules and practices of the ancients, the term came to mean the adherence to specific academic canons, all the time and without change. 8/31/2010 15

Classical Criminological Theory’s Basic Assumptions • Individuals have “free will” and some people will just choose to be bad! • Involves the “Pleasure/Pain” Principle (I will explain this) • Punishment is used to deter law violators • The legal definition of crime rules! • Crime is a feature of a perverted “human nature.” Human Nature is the concept that there are a set of logical characteristics, including ways of thinking, feeling and acting, that all normal human beings have in common. The problem, it has never been proven to exist!

Notions of “human nature” drive Classical School Theory Cesare Beccaria (1738 – 1794) Essay On Crimes And Punishments (1764) • Considered a radical departure from the thinking of the day • Posited that punishment needs to be: • certain • swift • severe • Believed that punishment should fit the crime: i.e. the “hedonistic calculus” 8/31/2010 17

Concept developed by Jeremy Bentham People seek pleasure while at the same time trying to avoid pain People will make “free will” decisions to commit crime based on weighing of advantages versus disadvantages of action Erroneously assumes people have complete knowledge of action and reaction! The “Hedonistic Calculus” 8/31/2010 18

If advantages outweigh disadvantages, then person will likely commit crime To deter people from committing crime, the punishment/disadvantages need(s) to outweigh the advantages More on the “Hedonistic Calculus” 8/31/2010 19

2. Biological Theories (Determinism) Basic Assumptions – • Human behavior is not human nature but is physiologically or genetically determined. • Choice is not an option! • Basic determinants of human behavior may be passed from generation to generation 3. Some behavior is the result of propensities inherited from more primitive developmental stages in the evolutionary process 8/31/2010 20

Biological Theories, and Pseudoscience (Pseudo=False) Franz Joseph Gall (1758 – 1828) • Phrenology– study of the shape of the head and its relationship to human behavior • Gall - shifted thinking to focus on head and brain • He called his approach “crainioscopy” 8/31/2010 21

In Crainioscopy… • Brain is the organ of the mind • Brain consists of localized faculties or functions • Shape of skull reveals underlying development (or lack of development) of areas within the brain • Personality traits as well as likelihood of criminal involvement can be revealed by a study of size and shape of the skull 8/31/2010 22

Also, we have Phrenology (more pseudoscience) • Johann Gasper Spurzheim (1776-1853) a student of Franz Joseph Gall • Brought study of phrenology to U.S. • Phrenology remained a viable approach until the 20th century • Personality traits of a person were determined by "reading" bumps and fissures in the skull. 8/31/2010 23

Cesare Lombroso (1835-1909) Considered to be the “father of positive school of criminology” Basic assumptions: • An anthropological or social definition of crime • Focus on criminal on rehabilitation/treatment • Employs determinism 8/31/2010 24

Two Questions…What is Positivism and What is Social Determinism? • Positivism is a philosophy that states that the only authentic knowledge is scientific knowledge • Also, such knowledge can only come from positive affirmation of theories through strict scientific method. 8/31/2010 25

Social Determinism • Social determinism is the hypothesis that social interactions and constructs along with physical traits determine individual behavior • Lombroso's theory of anthropological criminology essentially posited that criminality was inherited, and that someone "born criminal” could be identified by physical defects, which is confirmed them as criminal, as savage, or atavistic by their behavior. (Self fulfilling prophesy) • This theory essentially combines the biological and social aspects of personality. 8/31/2010 26

Borrowed term “atavism” from the work of Charles Darwin “Atavism” – is a condition characterized by the existence of features thought to be common in earlier stages of human evolution (throwbacks) Cesare Lombroso (1835-1909) Darwin 8/31/2010 27

Cesare Lombroso (1835-1909) Criminal Man delineated his idea of atavism which included the identification of certain stigmata (or characteristics) Examples of stigmata: • Long arms • Large lips • Crooked nose • Large amount of body hair • Eyes of different colors • Ears that lack defined lobes,etc… 8/31/2010 28

However, Charles Goring & Karl Pearson • Studied 3,000 English convicts in 1913 • Compared them to a detachment of Army officers • Found NO significant differences between the two groups using Lombroso’s criteria for criminality • Lombroso’s work began to fall into disrepute 29

And Ernest A. Hooton (1939) • Created profiles of 13,000 male prisoners in 10 states • Measured each prisoner on 107 characteristics • Compared profiles to those of 3,000 National Guard members, firemen, etc. • Found some support for Lombroso’s ideas • Concluded that the prisoners demonstrated a decided physical inferiority 8/31/2010 30

Then we have William Sheldon, (1893-1977) Sheldon posited that there is a relationship between body type and personality/behavior and therefore a link between body type and types of crime. • Endomorph – soft roundness throughout short tapering limbs, small bones, soft velvety skin • Mesomorph – predominance of muscle, bone, and connective tissue • Ectomorph – thinness, fragility, and delicacy of body 8/31/2010 31

Endomorphs – happy and outgoing (i.e., Santa Claus) Mesomorphs – most prone to aggression (i.e., Arnold Schwarzenegger) Ectomorphs – shy and withdrawn (i.e., Olive Oil) Sheldon’s Somatotyping – Or classification of people into types according to body buildIdentified 3 body types: 8/31/2010 32

3. Psychobiological Theories Focus is on the relationship of the following to criminal behavior: • DNA • Environmental contaminants • Nutrition • Hormones • Physical trauma • Body chemistry in human cognition and behavior 8/31/2010 33

Birds and Bees Dept!Chromosomes • A chromosome is a long piece of DNA with genes on it. DNA is found in every cell of our bodies. • Plants and animals have thousands or tens of thousands of genes scattered throughout their chromosomes. • Humans normally receive 23 from the father and 23 from the mother for a total of 46. • Incidentally, donkeys have 62, so the number of chromosomes may be a good clue about something or another, but is pretty useless on its own. 8/31/2010 34

Chromosomes • Each person normally has one pair of sex chromosomes in each cell of their bodies. • Females have two X chromosomes (XX), while males have one X and one Y chromosome (XY), the Y determines male sex. • However, one out of every 1000 males have an extra Y Chromosome. The are XYY or “supermales” • It is a genetic irregularity that gives these males an extra Y chromosome. 8/31/2010 35

“XYY Men” aka “Supermales” • “Supermales,” have been of interest to psychologists and criminologists because of the suggestion that these males may be more aggressive and more prone to violence than males with a single Y chromosome. • When evaluated by a battery of psychological tests, XYY males do exhibit more aggressive behaviors than XY males. 8/31/2010 36

1965 – Patricia Jacobs –discovered the “supermales” • Supermale – men with an extra “Y” chromosome (XYY) • Her study found that “supermales” are more common in prisons than in the general public 8/31/2010 37

Psychobiological Theories, cont.Chromosome Theory B. 1969 – Stephen Schafer – Theories In Criminology 1. Reported on studies that demonstrated that the XYY male is: a. more aggressive b. taller c. thinner d. had acne e. tendency toward homosexuality • a somewhat lower IQ, and • a tendency to commit a succession of apparently motiveless property crimes 8/31/2010 38

Psychobiological Theories Chromosome Theorycont. C. More recent studies have completely disputed earlier studies • The XYY male has been found in equal proportions in free society and prison • This is a Major problem with XYY theory – • How does one explain the XYY males in free society who do not commit aggressive acts? 8/31/2010 39

4. Psychological Theoriesa.k.a. “Nurturing Theories” Basic Assumptions: • The individual is the main unit of analysis • personality is the major motivational element • Crimes result from inappropriately conditioned behavior • Abnormal mental processes may have a number of causes – a. diseased mind b. inappropriate learning c. improper conditioning 8/31/2010 40

Psychological Theories Behavioral conditioning – a psychological principle which holds that the frequency of any behavior can be increased or decreased through reward, punishment, and/or association with other stimuli 8/31/2010 41

Psychological Theories Ivan Pavlov (1849-1936) • Worked with dogs who salivated whenever food was presented to them • Dogs were given food only when a bell was rung • After dogs were conditioned to associate food with the bell, bell was rung but no food was provided • Dogs continued to salivate each time bell was rung Pavlov won Noble Prize for medicine in 1904 8/31/2010 42

Psychoanalysis– a theory of human behavior, based upon the writings of Freud, which sees personality as a complex composite of interacting mental elements A. Freud identified 3 elements of the human personality: Id Ego Superego Psychological TheoriesSigmund Freud (1856-1939) 8/31/2010 43

Psychological Theories Id – Is the source of drives which are seen as primarily sexual Ego – Is the rational entity which outlines paths through which the desires of the Id can be fulfilled – often referred to as the “reality principle” Superego – Is a guiding principle, often compared to the conscience, which judges the quality of the alternatives presented by the Ego 8/31/2010 44

Here is how it works…according to Freud • The Id is a part of the unconscious that contains all the urges and impulses, including what is called the Libido, a kind of generalized sexual energy that is used for everything from survival instincts to appreciation of art. • The Id is also kind of stubborn, for it responds only to what Freud called the Pleasure Principle (if it feels good, do it), and nothing else.

However, the Ego is the only part of the conscious personality. • It's what the person is aware of when they think about themselves, and is what they usually try to project toward others. • The Ego is dominated by what Freud called the Reality Principle • An orientation to the real world in which the person lives. • It is continually trying to mediate the demands of the Id (Pleasure Principle) and prohibitions of the Superego.

The Superego is a part of the unconscious. • It is that voice of conscience (doing what is right) and the source of self-criticism • It reflects society's moral values to some degree (how much the person wants to "fit in"), • And, a person is sometimes aware of their own morality and ethics, but the superego contains a vast number of codes, or prohibitions, that are issued mostly unconsciously in the form of commands or "don't" statements.

The Superego is also somewhat tricky • In that it will try to portray what it wants the person to do in grandiose, glowing terms, what Freud called the Ego-Ideal, • Which arises out of the person's first great love attachment (usually a parent). • The assumption is that children raised by parents experience love conditionally (i.e. when they do something right), and the child internalizes these experiences as a series of real or imagined judgmental statements.

Using this Id-Ego-Superego model, • In Freudian Psychology, the Cause of Crime is Over Socialization • i.e. parents training their children to think and act how society wants them to think. • This leads to an overly harsh Superego, • Which represses the Id so harshly that pressure builds up in the Id • And there is an explosion of acting-out behavior. • This pressure build-up in the Id contains both silenced and repressed urges as well as a kind of frustration called guilt for impulsive actions which did manage to slip out.

Guilt is a very common problem, according to Freud. • Because of all the urges and drives coming from the Id and all the prohibitions and codes in the Superego. • There are a variety of ways an individual handles guilt, and these are called defense mechanisms. • Of course all of this is another case of Pseudoscience, none of this has ever been proven to exist!

Introduction to Criminology CRJ 210