2.10 Criminological Schools and Their Theories
Brandon Hamann
Each criminological school of theory produced its own renowned historical figures. They also produced their fair share of foundational theories that attempted to answer the questions of criminality: the who, what, when, where, how, and why of criminal behavior. This section will discuss some of those theories, but keep in mind that there are many more out there.
2.10.1 The Classical Theories
We begin with Thomas Hobbes. Remember he developed the concept of social contract, which theorized that humans were rational and had the capacity to consider the consequences of their actions. Social contract thinkers believed people would be willing to invest in laws if they believed those laws were created by the government to protect them (Fedorek, 2019). Social contract thinkers would also be willing to give up some of their own self-interests as long as everyone else did the same.
Building on Hobbes and other social contract thinkers at the time, humans were assumed to have free will. We can choose one action over another based on perceived benefits and possible consequences. Moreover, human beings are hedonistic. Hedonism is the assumption that people will seek maximum pleasure and avoid pain (punishment). Consequently, if we grant the assumptions of classical theory, we can hold people 100% responsible for their actions because it was a choice. These assumptions have been the basis for the American criminal justice system since its inception. Although theories may have changed the landscape of understanding criminal behavior and may have changed the philosophies of punishments over time, the criminal justice system has maintained the assumption that crime is a choice. Hence, we can hold offenders 100% responsible for their actions (Fedorek, 2019).
Cesare Beccaria was disgusted with how the courts treated the accused. He wanted the courts to apply a more fair and equal treatment to the convicted instead of the cruel and harsh sentencing practices of the time. This is where his concept of proportionality comes in – the punishment must fit the crime committed. Judges were the seat of power during the time of Beccaria, and many laws were made based on the decisions of those judges. Beccaria sought to change all of that, but the Catholic Church refused (Fedorek, 2019). He claimed the sole purpose of the law was to deter people from committing the crime. Deterrence can be accomplished if the punishment is certain, swift, and severe. These ideas may seem like common sense today, but they were considered radical at the time. Beccaria’s works would later influence many future criminologists in their development of theories such as Deterrence Theory and Rational Choice Theory.
2.10.2 Positivist Theories
Cesare Lombroso said that he could tell who a criminal was just by taking body measurements. Charles Darwin theorized that some humans were evolutionary throwbacks to lesser developed humans. There wer