Criminology And The Study Of Criminological Theories

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Criminology and the study of criminological theories

Criminology, as an empirical science, aims to a multifactorial study of the world of crime and diverted behavior for it the object of study of this discipline covers the figure of the offender and the victim, as of the crime itself. It includes multidisciplinary knowledge of other sciences, and yours;It is involved with the ends and uses the methods and means at your fingertips to try to find the reason for crime and focuses on the search to find crime prevention mechanisms., Criminological theories The historical evolution of the different anthropologists, medical and sociological positions that have analyzed the causes and circumstances that will determine or can determine a subject to violate the criminal norm are studied.

The study of criminological theories, of the various explanations to why crime, is a fundamental subject in criminology. Since the beginning of criminology as a scientific discipline, he has sought to answer the question of why some people commit crimes, and this question has been answered in very diverse ways over the years: looking for answers in the characteristics of individuals, ofsocieties or questioning the definition of crime.

Developing

Classical Criminology

The classical school or classical criminology completes the picture of ideas about the criminal problem that originates the sciences of the spirit, under the label of ‘classics’ authors and divergent tendencies have been grouped into many points of view, even contradictory in some, butthat present a series of common conceptions about fundamental postulates, which is precisely what allowed positivists to gather them for dialectical purposes. There is something very significant in the classical school, as it is, the defense of individual guarantees and their reaction against arbitrariness and abuse of power. Francisco Carrara, is considered the father of the Classical School of Criminal Law, Carrara argues that the right is the connatural of man. The science of criminal law is an order of reasons emanating from moral law, pre -existing to human laws.

The crime is a legal entity that recognizes two essential forces: an intelligent and free will and an outer act harmful to the right and dangerous for the same.

Classical School Postulates

1. Normality of the offender: nothing distinguishes the criminal man from that non -criminal, since all men are equal.
2.  Irrationality of crime: crime is an irrational and incomprehensible act since man with his freedom and decision -making capacity has failed to choose the path that suited him most.
3. They establish a priority of the fact on the author: the offender will only appear as the active subject of the crime and will not pay more attention.
4. Situational explanation of the criminal act: there is no etiology of crime, but, crime is a consequence of a misuse of freedom and all citizens are potential criminals because they are all free. Specific situations that can explain, case, the option of man in favor of the crime can be explained.
5. Penological contribution has been its greatest success. They base the legitimation and delimitation of punishment and bring conclusions about when, how and why crimes are punished. The response to criminal behavior is carried out with a fair, proportionate and useful penalty.
6. Contribution in the field of criminal policy, where the classical school does legitimizes the systematic use of punishment as an instrument of crime control.

Positive School

The positive school is presented as the overcoming of individualistic liberalism, in demand of a defense of society, the school baseThe rights of criminals, the positive school was born in the 19th century. Its creator was Cesar Lombroso as a reaction against the classical school, the positive school is an organic body of conceptions that study the offender, the crime and its sanction, first in its natural genesis, and then in its legal effects, to legally adapt to legallythe various causes produced by the various remedies, which therefore will be effective.

The positive criminal school does not consist only, in the anthropological study of the criminal, since it constitutes a complete renewal, a radical change of scientific method in the study of criminal social pathology, and of those that are most effective among social and legal remediesthat offers. The school made the science of crimes and penalties a science of positive observation, which, based on anthropology, psychology and criminal statistics, and thus as criminal law and penitentiary studies, becomes sciencesynthetic that Ferri called Criminal Sociology.

The postulates of this school are:

1. Ius puniendi: the right to impose sanctions belongs to the State by way of social defense.
2. The method is inductive – experimental: the positive school is characterized by its scientific method.
3. Crime is a fact of nature and should be studied as a real, current and existing entity.
4. The offender is that person who commits crimes due to influences from the environment in which he lives. The school seeks the delay of the offender and, for these, establishes criminal substitutes.
5. Determinism. The will of man does not play any role in his actions. Man has no free will. The human being is determined to commit crimes.
6. Criminal responsibility. Replaces moral responsibility for social responsibility, since man lives in society and will be responsibly social while living in society.
7. The concept of penalty is replaced by the sanction: the sanction goes according to the criminal’s danger. The sanctions must last as long as the danger of the offender lasts and that is why they are of indeterminate duration.
8. Proportionality of penalty. It seeks the proportionality of the penalty, it should not be punished according to what the codes say, but there must be criminal substitutes. For example, a minor who commits murder cannot be sanctioned with 30 years of imprisonment, but before his background should be studied, the causes for which he committed such an act, the mitigating, etc. and your readjustment must be sought.

Differences between these two schools

• For positive school the penalty must be useful. The classical school does not speak of utility.
• The positive school seeks the rehabilitation of the criminal. The classical school only sees the crime and sanctions;Do not see the offender.
• The positive school seeks and investigates the causes of crime. The classical school does not seek the causes of crime, since the offender acts based on his free will.
• The positive school, sometimes, does not sanction the offender, only applies security measures. The classical school always sanctions the offender since he does not see the causes that led the offender to commit criminal acts.

Eclectic schools

Eclectic schools are those that are between the classical school and the positive school. There were three eclectic schools throughout the history of criminology, the first one was called the School Terza.

The School Terza

For the School Terza, a clear separation had to be carried out among those disciplines that were dedicated to the empirical of those who were dedicated to the legal. The crime was considered as something complex that was composed of two types of factors, internal factors and external factors. The offender was divided into three types: the usual offender, the occasional offender and the abnormal offender., The School Terza completely rejected all those classifications made by the positivists and the free will defended in the classical school. Therefore, for the School Terza, the psychological character of criminals must be met to be able to study the discipline of criminology well.

The German Sociological School

The second school is the German Sociological School, whose maximum representative was Von Liszt which defended a series of ideas by this school. First, the thoughts that are maintained are practical, related to the social world. The crime will be considered as something legal and natural, therefore, you have to study it from the two points of view. What best suits society is a mechanism of penalties and security measures, that is, criminal dualism.

The School of Social Defense

The third school is the School of Social Defense, for this school the most important thing was that society had enough security, that is, that it was sufficiently defended from all kinds of criminal behaviors that could occur in the same. For this they tried to combine criminology with criminal law., The most important author of this school was grammar, which was responsible for founding the International Center for Social Defense Studies. For this author, the legal system had to be replaced, in this way a correct defense of society would be achieved.

What society has to try is to carry out a socialization of the offender, and begin to suppress all those systems that what they did was punish the offender without worrying about anything else. Penalties hurt the offender and society, this is because the offender will never be socialized, so you have to change the system, you have to suppress sentences and start applying a series of measures that are considered as defense measuresSocial. These measures will have the character of educational and healing.

conclusion

Criminology is dedicated to the study of social actions and, likewise, to the study of social structures. But as that is the object of knowledge of sociology, there must be a specificity that differentiates the major science, it must appear an aspect that makes it a specialty or subspecialty of sociology and distinguish it from other specialties of it, and that specificitywill be given by the criminal connotations of social actions and social structures that are taken as an object of knowledge. However, in this state, we are still far from solving the problem of the object of study of criminology, since it would still be aware of unraveling what nature, particular identity, characteristics, attributes and properties of those social actions and social structures and social structureswith a criminal accent so that criminology can appropriate them. Point at which controversies and differences abound, since identifying the criminal as specificity does not solve the problem.