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Posted in: Aliran Kriminologi
Showing posts with label Aliran Kriminologi. Show all posts
Showing posts with label Aliran Kriminologi. Show all posts
Wednesday, September 24, 2014
Materi Kriminologi Minggu V
Posted in: Aliran Kriminologi
Wednesday, September 18, 2013
Materi Kriminologi IV dan V
Secara garis besar saya coba mengelompokkan aliran Kriminologi ke dalam dua kelompok besar, yaitu aliran Human Nature dan kelompok aliran Kriminologi Modern.
Download materi Kriminologi IV dan V di sini
Posted in: Aliran Kriminologi
Thursday, September 27, 2012
Dari Klasik sampai Kritis
Posted in: Aliran Kriminologi
Wednesday, October 12, 2011
Aliran-Aliran dalam Kriminologi
Download Materi Kuliah Aliran-aliran Kriminologi di sini
Wednesday, September 05, 2007
Aliran dalam Kriminologi
Aliran atau dikenal dengan istilah School dalam Kriminologi dapat diklasifikasikan dalam dua golongan atau kelompok besar. Aliran tersebut adalah Human Nature dan Sosiological Crime.
Download File lengkap tentang Aliran Kriminologi di sini
Download File lengkap tentang Aliran Kriminologi di sini
Posted in: Aliran Kriminologi
Thursday, November 23, 2006
Aliran Neo Klasik
Discussion
When crime and recidivism are perceived to be a problem, the first political reaction is to call for increased policing, stiffer penalties, and increased monitoring and surveillance for those released on parole. Intuitively, politicians see a correlation between the certainty and severity of punishment, and the choice whether to commit crime. The practical intention has always been to deter and, if that failed, to keep society safer for the longest possible period of time by locking the habitual offenders away in prisons (see Wilson). From the earliest theorists, the arguments were based on morality and social utility, and it was not until comparatively recently that there has been empirical research to determine whether punishment is an effective deterrent.
Social control theory
As represented in the work of Travis Hirschi, the Social Control Theory proposes that exploiting the process of socialisation and Social Learning Theory builds self-control and reduces the inclination to indulge in behaviour recognised as antisocial. It is based on Functionalist theories of crime and proposes that there are three types of control:
Direct: by which punishment is threatened or applied for wrongful behaviour, and compliance is rewarded by parents, family, and authority figures.
Indirect: by which a youth refrains from delinquency because his or her delinquent act might cause pain and disappointment to parents and others with whom he or she has close relationships.
Internal: by which a person's conscience or sense of guilt prevents him or her from engaging in delinquent acts.
Drift theory
Although it was not presented as a Social Control Theory, David Matza (1964) also adopted the concept of free will. Delinquent youth were neither compelled nor committed to their delinquent actions, but were simply less receptive to other more conventional traditions (1964:28). Thus, delinquent youth were "drifting" between criminal and non-criminal behaviour, and were relatively free to choose whether to take part in delinquency. This challenged the Strain Theory which emphasised frustration and rebelliousness against normative social values by delinquent youth. Matza did not identify any specific constraints or controls that would keep youth from drifting, but drifters were depicted as youth who have few stakes in conformity and are free to drift into delinquency. As with Hirschi, Matza was skeptical that deviancy could be explained in terms of disstinct subcutlural or contracultural value systems.
Rational choice theory
This grew out of the expected utility principle in economic theory, i.e. that people will make rational decisions based on their expectations for profit maximisation and the minimisation of losses. To that extent, it fits the model of utilitarianism as proposed by the Classical School, but its implications are doubted by the Neo-Classical School.
Modern research
Initial studies compared homicide statistics between states using and not using capital punishment, and found no evidence of deterrence (Bailey & Peterson). Studies then tested certainty as against severity of punishment, e.g. Erickson (1977). The research methodologies used are either the analysis of Official Statistics for objective indicators of correlations, and attitudinal interviews and questionnaires for subjective indicators (potential criminals will not be deterred unless they understand how the criminal justice system works). The research finds that the majority conform to the law because they subscribe to the social and moral values represented by the law (i.e. the process of socialisation is effective). Hence, at best, the threat of punishment has a not statistically insignificant effect on reported crime and the empirical evidence in support of deterrence is very limited. Raymond Paternoster's work (see bibliography [1]) demonstrates that the only statistically significant data emerges from experiential studies among those who have been through the criminal justice system (i.e. specific deterrence), but that this data on its own cannot validate general deterrence. He also finds no evidence that formal social controls are effective. Some informal social negative consequences such as the disapproval of family, loss of reputation, possible loss of employment, etc., are more significant. There is also strong evidence that increasing the rewards of conformity by providing better employment opportunities at realistic rates of pay can achieve comparable deterrent effect by giving potential offenders more to lose (Tierney:1996, 277).
References
Akers, Ronald L. (1990). "Rational Choice, Deterrence, and Social Learning Theory: The Path Not Taken". Journal of Criminal Law and Criminology. 81(3), 653-676.
Akers, Ronald L. (1991). "Self-control as a General Theory of Crime". Journal of Quantative Criminology, 7, 201-211.
Bailey, William C. & Peterson, Ruth D. Murder, Capital Punishment, and Deterrence: A Review of the Evidence and an Examination of Police Killings. [2]
Clarke, Ronald V. & Felson, Marcus. (1993). Routine Activity and Rational Choice. Vol. 5, Advances in Criminology Theory. New Brunswick: Transaction Publishers, Inc.
Evans, David. T.; Cullen, Francis. S.; Burton, Velmer. S. Jr.; Dunaway, Gregory. R. & Benson, Michael. L. (1997). "The Social Consequences of Self-Control: Testing the General Theory of Crime". Criminology, 35. 475-504
Erickson, Maynard; Gibbs, Jack P. & Jenson, Garry F. (1977). "The Deterrence Doctrine and the Perceived Certainty of Legal Punishment", American Sociological Review, 42: 305- 317
Gottfredson, M. & Hirschi, Travis. (1990). A General Theory of Crime. CA: Stanford University Press. ISBN 0804717745
Hirschi, Travis. (1969). Causes of Delinquency. Berkeley: University of California Press. (Transaction Publishers reprint edition). ISBN 0765809001
Hirschi, Travis. & Gottfredson, M. (1993). Commentary: Testing the General Theory of Crime". Journal of Research in Crime and Delinquency, 30. 47-54.
LaGrange, T. C. & Silverman, R. A. (1999). "Low Self-control and Opportunity: Testing the General Theory of Crime as an Explanation for Gender Differences in Delinquency". Criminology, 37, 41-72.
Keel, R. O. (1997). Rational Choice and Deterrence Theory.
Livesey, Chris. Deviance and Social Control: New Right Realism
Matza, David. (1964). Delinquency and Drift. Transaction Publishers (reprint edition). ISBN 0887388043
Tierney, John. (1996). Criminology: Theory and Context. Prentice Hall. ISBN 0133801551
Wilson, James Q. (1983) Thinking About Crime. New York: Vintage (revised ed.). ISBN 039472917X
Wilson, James Q. & Herrnstein, Richard. (1985). Crime and Human Nature, New York: Simon and Shuster
When crime and recidivism are perceived to be a problem, the first political reaction is to call for increased policing, stiffer penalties, and increased monitoring and surveillance for those released on parole. Intuitively, politicians see a correlation between the certainty and severity of punishment, and the choice whether to commit crime. The practical intention has always been to deter and, if that failed, to keep society safer for the longest possible period of time by locking the habitual offenders away in prisons (see Wilson). From the earliest theorists, the arguments were based on morality and social utility, and it was not until comparatively recently that there has been empirical research to determine whether punishment is an effective deterrent.
Social control theory
As represented in the work of Travis Hirschi, the Social Control Theory proposes that exploiting the process of socialisation and Social Learning Theory builds self-control and reduces the inclination to indulge in behaviour recognised as antisocial. It is based on Functionalist theories of crime and proposes that there are three types of control:
Direct: by which punishment is threatened or applied for wrongful behaviour, and compliance is rewarded by parents, family, and authority figures.
Indirect: by which a youth refrains from delinquency because his or her delinquent act might cause pain and disappointment to parents and others with whom he or she has close relationships.
Internal: by which a person's conscience or sense of guilt prevents him or her from engaging in delinquent acts.
Drift theory
Although it was not presented as a Social Control Theory, David Matza (1964) also adopted the concept of free will. Delinquent youth were neither compelled nor committed to their delinquent actions, but were simply less receptive to other more conventional traditions (1964:28). Thus, delinquent youth were "drifting" between criminal and non-criminal behaviour, and were relatively free to choose whether to take part in delinquency. This challenged the Strain Theory which emphasised frustration and rebelliousness against normative social values by delinquent youth. Matza did not identify any specific constraints or controls that would keep youth from drifting, but drifters were depicted as youth who have few stakes in conformity and are free to drift into delinquency. As with Hirschi, Matza was skeptical that deviancy could be explained in terms of disstinct subcutlural or contracultural value systems.
Rational choice theory
This grew out of the expected utility principle in economic theory, i.e. that people will make rational decisions based on their expectations for profit maximisation and the minimisation of losses. To that extent, it fits the model of utilitarianism as proposed by the Classical School, but its implications are doubted by the Neo-Classical School.
Modern research
Initial studies compared homicide statistics between states using and not using capital punishment, and found no evidence of deterrence (Bailey & Peterson). Studies then tested certainty as against severity of punishment, e.g. Erickson (1977). The research methodologies used are either the analysis of Official Statistics for objective indicators of correlations, and attitudinal interviews and questionnaires for subjective indicators (potential criminals will not be deterred unless they understand how the criminal justice system works). The research finds that the majority conform to the law because they subscribe to the social and moral values represented by the law (i.e. the process of socialisation is effective). Hence, at best, the threat of punishment has a not statistically insignificant effect on reported crime and the empirical evidence in support of deterrence is very limited. Raymond Paternoster's work (see bibliography [1]) demonstrates that the only statistically significant data emerges from experiential studies among those who have been through the criminal justice system (i.e. specific deterrence), but that this data on its own cannot validate general deterrence. He also finds no evidence that formal social controls are effective. Some informal social negative consequences such as the disapproval of family, loss of reputation, possible loss of employment, etc., are more significant. There is also strong evidence that increasing the rewards of conformity by providing better employment opportunities at realistic rates of pay can achieve comparable deterrent effect by giving potential offenders more to lose (Tierney:1996, 277).
References
Akers, Ronald L. (1990). "Rational Choice, Deterrence, and Social Learning Theory: The Path Not Taken". Journal of Criminal Law and Criminology. 81(3), 653-676.
Akers, Ronald L. (1991). "Self-control as a General Theory of Crime". Journal of Quantative Criminology, 7, 201-211.
Bailey, William C. & Peterson, Ruth D. Murder, Capital Punishment, and Deterrence: A Review of the Evidence and an Examination of Police Killings. [2]
Clarke, Ronald V. & Felson, Marcus. (1993). Routine Activity and Rational Choice. Vol. 5, Advances in Criminology Theory. New Brunswick: Transaction Publishers, Inc.
Evans, David. T.; Cullen, Francis. S.; Burton, Velmer. S. Jr.; Dunaway, Gregory. R. & Benson, Michael. L. (1997). "The Social Consequences of Self-Control: Testing the General Theory of Crime". Criminology, 35. 475-504
Erickson, Maynard; Gibbs, Jack P. & Jenson, Garry F. (1977). "The Deterrence Doctrine and the Perceived Certainty of Legal Punishment", American Sociological Review, 42: 305- 317
Gottfredson, M. & Hirschi, Travis. (1990). A General Theory of Crime. CA: Stanford University Press. ISBN 0804717745
Hirschi, Travis. (1969). Causes of Delinquency. Berkeley: University of California Press. (Transaction Publishers reprint edition). ISBN 0765809001
Hirschi, Travis. & Gottfredson, M. (1993). Commentary: Testing the General Theory of Crime". Journal of Research in Crime and Delinquency, 30. 47-54.
LaGrange, T. C. & Silverman, R. A. (1999). "Low Self-control and Opportunity: Testing the General Theory of Crime as an Explanation for Gender Differences in Delinquency". Criminology, 37, 41-72.
Keel, R. O. (1997). Rational Choice and Deterrence Theory.
Livesey, Chris. Deviance and Social Control: New Right Realism
Matza, David. (1964). Delinquency and Drift. Transaction Publishers (reprint edition). ISBN 0887388043
Tierney, John. (1996). Criminology: Theory and Context. Prentice Hall. ISBN 0133801551
Wilson, James Q. (1983) Thinking About Crime. New York: Vintage (revised ed.). ISBN 039472917X
Wilson, James Q. & Herrnstein, Richard. (1985). Crime and Human Nature, New York: Simon and Shuster
Posted in: Aliran Kriminologi
Aliran Positivist
In criminology, the Positivist School has attempted to find scientific objectivity for the measurement and quantification of criminal behaviour. As the scientific method became the major paradigm in the search for all knowledge, the Classical School's social philosophy was replaced by the quest for scientific laws that would be discovered by experts. It is divided into Biological, Psychological and Social
Biological positivism
If Charles Darwin's Theory of evolution was scientific as applied to animals, the same approach should be applied to "man" as an "animal".
Biological positivism
If Charles Darwin's Theory of evolution was scientific as applied to animals, the same approach should be applied to "man" as an "animal".
Physical characteristics
Historically, medicine became interested in the problem of crime, producing studies of physiognomy (see Johann Kaspar Lavater and Franz Joseph Gall) and the science of phrenology which linked attributes of the mind to the shape of the brain as reveal through the skull. These theories were popular because society and any failures of its government were not the causes of crime. The problem lay in the propensities of individual offenders who were biologically distinguishable from law-abiding citizens. This theme was amplified by the Italian School and through the writings of Cesare Lombroso (see L'Uomo Delinquente, The Criminal Man) which identified physical characteristics associated with degeneracy demonstrating that criminals were atavistic throwbacks to an earlier evolutionary form. Charles Goring (1913) failed to corroborate the characteristics but did find criminals shorter, lighter and less intelligent, i.e. he found criminality to be "normal" rather than "pathological" (cf the work of Hooton found evidence of biological inferiority). William Sheldon identified three basic body or somatotypes (i.e. endomorphs, mesomorphs, and ectomorphs), and introduced a scale to measure where each individual was placed. He concluded that delinquents tended to mesomorphy. Modern research might link physical size and athleticism and aggression because physically stronger people have the capacity to use violence with less chance of being hurt in any retaliation. Otherwise, such early research is no longer considered valid. The development of genetics has produced another potential inherent cause of criminality, with chromosome and other genetic factors variously identified as significant to select heredity rather than environment as the cause of crime (see: nature versus nurture). Unfortunately, the evidence from family, twin, and adoption studies shows no conclusive empirical evidence to prefer either cause.
Historically, medicine became interested in the problem of crime, producing studies of physiognomy (see Johann Kaspar Lavater and Franz Joseph Gall) and the science of phrenology which linked attributes of the mind to the shape of the brain as reveal through the skull. These theories were popular because society and any failures of its government were not the causes of crime. The problem lay in the propensities of individual offenders who were biologically distinguishable from law-abiding citizens. This theme was amplified by the Italian School and through the writings of Cesare Lombroso (see L'Uomo Delinquente, The Criminal Man) which identified physical characteristics associated with degeneracy demonstrating that criminals were atavistic throwbacks to an earlier evolutionary form. Charles Goring (1913) failed to corroborate the characteristics but did find criminals shorter, lighter and less intelligent, i.e. he found criminality to be "normal" rather than "pathological" (cf the work of Hooton found evidence of biological inferiority). William Sheldon identified three basic body or somatotypes (i.e. endomorphs, mesomorphs, and ectomorphs), and introduced a scale to measure where each individual was placed. He concluded that delinquents tended to mesomorphy. Modern research might link physical size and athleticism and aggression because physically stronger people have the capacity to use violence with less chance of being hurt in any retaliation. Otherwise, such early research is no longer considered valid. The development of genetics has produced another potential inherent cause of criminality, with chromosome and other genetic factors variously identified as significant to select heredity rather than environment as the cause of crime (see: nature versus nurture). Unfortunately, the evidence from family, twin, and adoption studies shows no conclusive empirical evidence to prefer either cause.
Intelligence
There are a number of reputable studies that demonstrate a link between lower intelligence and criminality. But the evidence is equivocal because studies among the prison population simply test those criminals actually caught, which might be because they failed to plan the crimes properly or because they were unable to resist interrogation techniques and admitted their crimes. If their intelligence is poor, they are also less likely to be deterred.
There are a number of reputable studies that demonstrate a link between lower intelligence and criminality. But the evidence is equivocal because studies among the prison population simply test those criminals actually caught, which might be because they failed to plan the crimes properly or because they were unable to resist interrogation techniques and admitted their crimes. If their intelligence is poor, they are also less likely to be deterred.
Other medical factors
Testosterone and adrenaline have been associated with aggression and violence, and the arousal and excited state associated with them. The excessive consumption of alcohol can lower blood sugar levels and lead to aggressiveness, and the use of chemicals in foods and drinks has been associated with hyper-activity and some criminal behaviour.
Testosterone and adrenaline have been associated with aggression and violence, and the arousal and excited state associated with them. The excessive consumption of alcohol can lower blood sugar levels and lead to aggressiveness, and the use of chemicals in foods and drinks has been associated with hyper-activity and some criminal behaviour.
Psychol
ogical positivism
Sigmund Freud divided the personality into the id, the primitive biological drives, the superego, the internalised values, and the ego, memory, perception, and cognition. He proposed that criminal behaviour is either the result of mental illness or a weak conscience. John Bowlby proposed an attachment theory in which maternal deprivation was a factor that might lead to delinquency. This has been discounted in favour of general privation (Michael Rutter: 1981) or "broken homes" (Glueck: (1950) in which absentee or uncaring parents tend to produce badly behaved children.
Hans Eysenck (1987) stated that, "...certain types of personality may be more prone to react with anti-social or criminal behaviour to environmental factors of one kind or another." He proposed three dimensions of personality: introversion/extroversion, neutroticism, and psychoticism. For these purposes, personality is the settled framework of reference within which a person addresses the current situation and decides how to behave. Some traits will be dominant at times and then in a balanced relationship to other traits, but each person's traits will be reasonably stable and predictable (see Marshall: 1990 and Seidman:1994). Hence, once conditioned into a criminal lifestyle, the relevant personality traits are likely to persist until a countervailing conditioning force re-establishes normal social inhibitions. Some forms of criminal behaviour such as sexual offences, have been medicalised with treatment offered alongside punishment.
ogical positivismSigmund Freud divided the personality into the id, the primitive biological drives, the superego, the internalised values, and the ego, memory, perception, and cognition. He proposed that criminal behaviour is either the result of mental illness or a weak conscience. John Bowlby proposed an attachment theory in which maternal deprivation was a factor that might lead to delinquency. This has been discounted in favour of general privation (Michael Rutter: 1981) or "broken homes" (Glueck: (1950) in which absentee or uncaring parents tend to produce badly behaved children.
Hans Eysenck (1987) stated that, "...certain types of personality may be more prone to react with anti-social or criminal behaviour to environmental factors of one kind or another." He proposed three dimensions of personality: introversion/extroversion, neutroticism, and psychoticism. For these purposes, personality is the settled framework of reference within which a person addresses the current situation and decides how to behave. Some traits will be dominant at times and then in a balanced relationship to other traits, but each person's traits will be reasonably stable and predictable (see Marshall: 1990 and Seidman:1994). Hence, once conditioned into a criminal lifestyle, the relevant personality traits are likely to persist until a countervailing conditioning force re-establishes normal social inhibitions. Some forms of criminal behaviour such as sexual offences, have been medicalised with treatment offered alongside punishment.
Social positivism
In general terms, positivism rejected the Classical Theory's reliance on free will and sought to identify positive causes that determined the propensity for criminal behaviour. Rather than biological or psychological causes, this branch of the School identifies "society" as the cause. Hence, environmental criminology and other sub-schools study the spatial distribution of crimes and offenders (see Adolphe Quetelet, who discovered that crimes rates are relatively constant, and the Chicago School which, under the leadership of Robert E. Park, viewed the city as a form of superorganism, zoned into areas engaged in a continuous process of invasion, dominance, and succession). Meanwhile, Emile Durkheim identified society as a social phenomenon, external to individuals, with crime a normal part of a healthy society. Deviancy was nothing more than "boundary setting," pushing to determine the current limits of morality and acceptability.
In general terms, positivism rejected the Classical Theory's reliance on free will and sought to identify positive causes that determined the propensity for criminal behaviour. Rather than biological or psychological causes, this branch of the School identifies "society" as the cause. Hence, environmental criminology and other sub-schools study the spatial distribution of crimes and offenders (see Adolphe Quetelet, who discovered that crimes rates are relatively constant, and the Chicago School which, under the leadership of Robert E. Park, viewed the city as a form of superorganism, zoned into areas engaged in a continuous process of invasion, dominance, and succession). Meanwhile, Emile Durkheim identified society as a social phenomenon, external to individuals, with crime a normal part of a healthy society. Deviancy was nothing more than "boundary setting," pushing to determine the current limits of morality and acceptability.
References
Beirne, Piers. Inventing Criminology: Essays on the Rise of ‘Homo Criminalis’. Albany: SUNY Press, 1993.
Brockway, Zebulon Reed. "The Ideal of a True Prison System for a State." In Transactions of the National Congress on Penitentiary and Reformatory Discipline, 1870, edited by E. C. Wines. Albany: Weed, Parsons, 1871. [Archive]
——————. "Prevention of Crime." In National Prison Association, Proceedings, 1901. [Archive]
Buck v. Bell, Superintendent, 274 U.S. 200 (1927). [Archive]
Deflem, Mathieu. "Ferdinand Tönnies on Crime and Society: An Unexplored Contribution to Criminological Sociology." History of the Human Sciences 12, no. 3 (1999): 87-116. [WWW]
Dugdale, Richard. The Jukes: A Study in Crime, Pauperism, and Heredity. New York: Putnam, 1877.
Ferri, Enrico. Criminal Sociology. [1884]. Revised edition. Translated from the Italian by J. I. Kelly and J. Lisle. Boston, Massachusetts: Little, Brown, 1917. [WWW]
——————. The Positive School of Criminology; Three Lectures by Enrico Ferri. [1901]. Edited by S. E. Grupp. Pittsburgh, PA: University of Pittsburgh Press, 1968.
Galton, Francis. Essays in Eugenics. London: Eugenics Education Society, 1909.
——————. "Eugenics: Its Definition, Scope, and Aims." American Journal of Sociology 10, no. 1 (1904): 1-25. [JSTOR]
——————. Hereditary Genius. London: Macmillian, 1869.
——————. "Studies in Eugenics." American Journal of Sociology 11, no. 1 (1905): 11-25. [JSTOR]
Garland, David. "British Criminology Before 1935." The British Journal of Criminology 28 (1988): 131–47.
——————. "The Criminal and His Science: A Critical Account of the Formation of Criminology at the End of the Nineteenth Century." The British Journal of Criminology 25 (1985): 109–37.
——————. Punishment and Welfare: A History of Penal Strategies. Aldershot: Gower Publishing Company Limited, 1985.
Glueck, Sheldon, and Eleanor Glueck. 500 Criminal Careers. New York: Alfred A. Knopf, 1930.
——————. 500 Delinquent Women. New York: Alfred A. Knopf, 1934.
Goddard, Henry. H. Feeble-Mindedness. New York: Macmillan, 1914.
——————. The Kallikak Family: A Study in the Heredity of Feeble-Mindedness. New York: Macmillan, 1913. [WWW]
Goring, Charles. The English Convict: A Statistical Study. London: His Majesty’s Stationery Office, 1913.
Gould, Stephen Jay. The Mismeasure of Man. New York: W. W. Norton and Co., 1981.
Healy, William. The Individual Delinquent. Boston: Little, Brown, 1915.
Hobhouse, Leonard T. Social Evolution and Political Theory. New York: Columbia University Press, 1911.
Hooton, Earnest A. The American Criminal. Cambridge, Mass.: Harvard University Press, 1939.
Lombroso, Cesare and William Ferrero. The Female Offender. London: Fisher Unwin, 1895.
Lombroso, Cesare. Crime: Its Causes and Remedies. Patterson Smith, 1912.
Lombroso-Ferrero, Gina. Criminal Man, According to the Classification of Cesare Lombroso. New York: G. P. Putnam’s Sons, 1911.
Marshall, W. L.; Laws, D. R. & Barbaree, H. E. (eds.), (1990). Handbook of Sexual Assault: Issues, Theories, and Treatment of the Offender, New York, NY: Plenum Press.
Mednick, Sarnoff, Terrie Moffitt and Susan Stack, ed. The Causes of Crime: New Biological Approaches. Cambridge, England: Cambridge University Press, 1987.
Rafter, Nicole Hahn. Creating Born Criminals. Urbana: University of Illinois Press, 1997.
——————. "Psychopathy and the Evolution of Criminological Knowledge." Theoretical Criminology: 1, no. 2 (May 1997): 235-59.
Seidman, B. T., Marshall, W. L., Hudson, S., & Robertson, P. J. (1994). "An examination of intimacy and loneliness in sex offenders". Journal of Interpersonal Violence, 9, 518-534.
Tönnies, Ferdinand. "The Prevention of Crime (First Article)." International Journal of Ethics 2 (1891): 51-77. [See also Deflem, above.] [JSTOR].
Beirne, Piers. Inventing Criminology: Essays on the Rise of ‘Homo Criminalis’. Albany: SUNY Press, 1993.
Brockway, Zebulon Reed. "The Ideal of a True Prison System for a State." In Transactions of the National Congress on Penitentiary and Reformatory Discipline, 1870, edited by E. C. Wines. Albany: Weed, Parsons, 1871. [Archive]
——————. "Prevention of Crime." In National Prison Association, Proceedings, 1901. [Archive]
Buck v. Bell, Superintendent, 274 U.S. 200 (1927). [Archive]
Deflem, Mathieu. "Ferdinand Tönnies on Crime and Society: An Unexplored Contribution to Criminological Sociology." History of the Human Sciences 12, no. 3 (1999): 87-116. [WWW]
Dugdale, Richard. The Jukes: A Study in Crime, Pauperism, and Heredity. New York: Putnam, 1877.
Ferri, Enrico. Criminal Sociology. [1884]. Revised edition. Translated from the Italian by J. I. Kelly and J. Lisle. Boston, Massachusetts: Little, Brown, 1917. [WWW]
——————. The Positive School of Criminology; Three Lectures by Enrico Ferri. [1901]. Edited by S. E. Grupp. Pittsburgh, PA: University of Pittsburgh Press, 1968.
Galton, Francis. Essays in Eugenics. London: Eugenics Education Society, 1909.
——————. "Eugenics: Its Definition, Scope, and Aims." American Journal of Sociology 10, no. 1 (1904): 1-25. [JSTOR]
——————. Hereditary Genius. London: Macmillian, 1869.
——————. "Studies in Eugenics." American Journal of Sociology 11, no. 1 (1905): 11-25. [JSTOR]
Garland, David. "British Criminology Before 1935." The British Journal of Criminology 28 (1988): 131–47.
——————. "The Criminal and His Science: A Critical Account of the Formation of Criminology at the End of the Nineteenth Century." The British Journal of Criminology 25 (1985): 109–37.
——————. Punishment and Welfare: A History of Penal Strategies. Aldershot: Gower Publishing Company Limited, 1985.
Glueck, Sheldon, and Eleanor Glueck. 500 Criminal Careers. New York: Alfred A. Knopf, 1930.
——————. 500 Delinquent Women. New York: Alfred A. Knopf, 1934.
Goddard, Henry. H. Feeble-Mindedness. New York: Macmillan, 1914.
——————. The Kallikak Family: A Study in the Heredity of Feeble-Mindedness. New York: Macmillan, 1913. [WWW]
Goring, Charles. The English Convict: A Statistical Study. London: His Majesty’s Stationery Office, 1913.
Gould, Stephen Jay. The Mismeasure of Man. New York: W. W. Norton and Co., 1981.
Healy, William. The Individual Delinquent. Boston: Little, Brown, 1915.
Hobhouse, Leonard T. Social Evolution and Political Theory. New York: Columbia University Press, 1911.
Hooton, Earnest A. The American Criminal. Cambridge, Mass.: Harvard University Press, 1939.
Lombroso, Cesare and William Ferrero. The Female Offender. London: Fisher Unwin, 1895.
Lombroso, Cesare. Crime: Its Causes and Remedies. Patterson Smith, 1912.
Lombroso-Ferrero, Gina. Criminal Man, According to the Classification of Cesare Lombroso. New York: G. P. Putnam’s Sons, 1911.
Marshall, W. L.; Laws, D. R. & Barbaree, H. E. (eds.), (1990). Handbook of Sexual Assault: Issues, Theories, and Treatment of the Offender, New York, NY: Plenum Press.
Mednick, Sarnoff, Terrie Moffitt and Susan Stack, ed. The Causes of Crime: New Biological Approaches. Cambridge, England: Cambridge University Press, 1987.
Rafter, Nicole Hahn. Creating Born Criminals. Urbana: University of Illinois Press, 1997.
——————. "Psychopathy and the Evolution of Criminological Knowledge." Theoretical Criminology: 1, no. 2 (May 1997): 235-59.
Seidman, B. T., Marshall, W. L., Hudson, S., & Robertson, P. J. (1994). "An examination of intimacy and loneliness in sex offenders". Journal of Interpersonal Violence, 9, 518-534.
Tönnies, Ferdinand. "The Prevention of Crime (First Article)." International Journal of Ethics 2 (1891): 51-77. [See also Deflem, above.] [JSTOR].
Posted in: Aliran Kriminologi
Aliran Klasik
The Classical School in criminology is usually a reference to the eighteenth century work during the Enlightenment by the utilitarian and social contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal justice and penology and, indirectly through the proposition that "man is a calculating animal", in the causes of criminal behaviour.
The system of law, its mechanisms of enforcement and the forms of punishment used in the eighteenth century were primitive and inconsistent. Judges were not professionally trained so many of their decisions were unsatisfactory being the product of incompetence, capriciousness, corruption or political manipulation. The use of torture to extract confessions and a wide range of cruel punishments such as whipping, mutilation and public executions were commonplace. A need for legal rationality and fairness was identified and found an audience among the emerging middle classes whose economic interests lay in providing better systems for supporting national and international trade.
The social contract
John Locke considered the mechanism that had allowed monarchies to become the primary form of government. He concluded that monarchs had asserted the right to rule and enforced it either through an exercise in raw power, or through a form of contract, e.g. the feudal system had depended on the grants of estates in land as a return for services provided to the sovereign. Locke proposed that all citizens are equal, and that there is an unwritten but voluntary contract between the state and its citizens, giving power to those in government and defining a framework of mutual rights and duties. In Leviathan, Thomas Hobbes wrote, "the right of all sovereigns is derived from the consent of every one of those who are to be governed." This is a shift from authoritarianism to an early model of European and North American democracy where police powers and the system of punishment are means to a more just end.
Bentham
In this
context, the most relevant idea was known as the "felicitation principle", i.e. that whatever is done should aim to give the greatest happiness to the largest possible number of people in society. Bentham argued that there had been "punishment creep", i.e. that the severity of punishments had slowly increased so that the death penalty was then imposed for more than two hundred offences. It had therefore become counter-productive because it produced an incentive to kill any possible witnesses to every crime to reduce the risk of arrest. Bentham posited that man is a calculating animal who will weigh potential gains against the pain likely to be imposed. If the pain outweighs the gains, he will be deterred and this produces maximal social utility. Therefore, in a rational system, the punishment system must be graduated so that the punishment more closely matches the crime. Punishment is not retribution or revenge because that is morally deficient: the hangman is paying the murder the compliment of imitation. But the concept is problematic because it depends on two critical assumptions:
if deterrence is going to work, the potential offender must always act rationally whereas much crime is a spontaneous reaction to a situation or opportunity; and
if the system graduates a scale of punishment according to the seriousness of the offence, it is assuming that the more serious the harm likely to be caused, the more the criminal has to gain.
In this context, note Bentham's proposal for a prison design called the "panopticon" which, apart from its surveillance system included the right of the prison manager to use the prisoners as contract labour.
Beccaria
In 1764, he
published Dei Deliti e Delle Pene ("On Crimes and Punishments") arguing for the need to reform the criminal justice system by referring not to the harm caused to the victim, but to the harm caused to society. In this, he posited that the greatest deterrent was the certainty of detection: the more swift and certain the punishment, the more effective it would be. It would also allow a less serious punishment to be effective if shame and an acknowledgement of wrongdoing was a guaranteed response to society's judgment. Thus, the prevention of crime was achieved through a proportional system that was clear and simple to understand, and if the entire nation united in their own defence. His approach influenced the codification movement which set sentencing tariffs to ensure equality of treatment among offenders. Later, it was acknowledged that not all offenders are alike and greater sentencing discretion was allowed to judges. Thus, punishment works at two levels. Because it punishes individuals, it operates as a specific deterrence to those convicted not to reoffend. But the publicity surrounding the trial and the judgment of society represented by the decision of a jury of peers, offers a general example to the public of the consequences of committing a crime. If they are afraid of similarly swift justice, they will not offend.
Spiritual explanation of crime
Spiritualistic understandings of crime stem from an understanding of life in general, that finds most things in life are destiny and cannot be controlled, we are born either good or bad and all our actions are decided by a higher being. People have held such beliefs for all of recorded history, “primitive people regarded natural disasters such as famines, floods and plagues as punishments for wrongs they had done to the spiritual powers”.[1] These spiritual powers gained strength during the middle ages as they bonded with the feudal powers to create the criminal justice systems. Under a spiritualistic criminal justice system, crime was a private affair that was conducted between the offender and the victim’s family. However this method proved to be too revengeful, as the state took control of punishment. Spiritual explanations provided an understanding of crime when there was no other way of explaining crime. However, the problem with this understanding is it cannot be proven true, so it was never be accepted.
Commentary
The idea of man as a calculating animal requires the view of crime as a product of a free choice by offenders. The question for policy makers is therefore how to use the institutions of the state to influence citizens to choose not to offend. This theory emerged at the time of the Enlightenment and it entirely consistent that it should focus on rationality. But, because it lacks sophistication, it was operationalised in a mechanical way, assuming that there is a mathematics of deterrence, i.e. a proportional calculation undertaken first by policy makers and then by potential offenders. This School believed that there are constants of value in pain and gain that can swing a decision to offend or not to offend. But not everyone is the same nor has the same view of what constitutes a price worth paying. It also had a certain utopianism in assuming that the policing system could rapidly grow and deliver a better service of investigation and detection. If certainty of punishment is to be achieved, there must be a major investment in policing.
As other Schools of thought developed, Classicism slowly grew less popular. But it has seen revival through the Neo-Classical School and the theories of Right Realism such as the Rational Choice Theory.
Reference
Andrews, Richard Mowery. "The Cunning of Imagery: Rhetoric and Ideology in Cesare Beccaria’s Treatise On Crimes and Punishments." In Begetting Images: Studies in the Art and Science of Symbol Production, edited by Mary B. Campell and Mark Rollins. New York: Peter Lang, 1989.
——————. Law, Magistracy, and Crime in Old Regime Paris, 1735–1789, volume I, The System of Criminal Justice. See 441-72. Cambridge: Cambridge University Press, 1994.
Beccaria, Cesare Bonesana. An Essay on Crimes and Punishments. [1764]. 2nd American edition. Translated from the Italian by Anonymous. Philadelphia: Philip H. Nicklin, 1819. [Archive]
Beccaria, Cesare. On Crimes and Punishments. [1764]. Translated from the Italian by Richard Davies and Virginia Cox. In On Crimes and Punishments and Other Writings, edited by Richard Bellamy. Cambridge: Cambridge University Press, 1995.
——————. On Crimes and Punishments. [1764]. Translated from the Italian by David Young. Indianapolis, Indiana: Hackett, 1986.
——————. "A Discourse on Public Economy and Commerce." [1769]. Included as "Inaugural Lecture" in Cesare Beccaria, On Crimes and Punishments and Other Writings, edited by Richard Bellamy. Cambridge: Cambridge University Press, 1995. [WWW].
Beirne, Piers. "Towards a Science of Homo Criminalis: Cesare Beccaria’s Dei Delitti e Delle Pene." [1991]. In Inventing Criminology: Essays on the Rise of ‘Homo Criminalis’. Albany: SUNY Press, 1993.
Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. [1789]. In A Bentham Reader, edited by Mary Peter Mack. New York: Pegasus Books, 1969. [WWW]
——————. The Rationale of Punishment. London: R. Heward, 1830. [WWW]
——————. The Rationale of Reward. London: John and H. L. Hunt, 1825. [WWW]
Cockburn, J. S. "Punishment and Brutalization in the English Enlightenment." Law and History Review 12 (1994): 155-79.
Foucault, Michel. Discipline and Punish: The Birth of the Prison. Translated from the French by Alan Sheridan. New York: Vintage Books, 1979. [See Part II.]
Fuller, Timothy. "Jeremy Bentham and James Mill." In History of Political Philosophy, edited by Leo Strauss and Joseph Cropsey, 710-31. Third edition. Chicago: University of Chicago Press, 1987.
Geis, Gilbert. "Jeremy Bentham." In Pioneers of Criminology, edited by Hermann Mannheim. Montclair, New Jersey: Patterson Smith, 1972.
Hart, H. L. A. "Bentham and Beccaria." In Essays on Bentham, Oxford: Oxford University Press, 1982.
Maestro, Marcello T. Cesare Beccaria and the Origins of Penal Reform. Philadelphia: Temple University Press, 1973.
——————. Gaetano Filangieri and his Science of Legislation. Philadelphia: American Philosophical Society, 1976.
——————. Voltaire and Beccaria as Reformers of Criminal Law. New York: Columbia University Press, 1942.
Manzoni, Alessandro. The Column of Infamy, Prefaced by Cesare Beccaria’s "Of Crimes and Punishments." Translated from the Italian by Kenelm Foster, O. P. and Jane Grigson, with an Introduction by A. P. d’Entrêves. London: Oxford University Press, 1964
Vold, G. Bernard, T. and Snipes, J. (1998) Theoretical Criminology. Oxford University Press, Oxford
The system of law, its mechanisms of enforcement and the forms of punishment used in the eighteenth century were primitive and inconsistent. Judges were not professionally trained so many of their decisions were unsatisfactory being the product of incompetence, capriciousness, corruption or political manipulation. The use of torture to extract confessions and a wide range of cruel punishments such as whipping, mutilation and public executions were commonplace. A need for legal rationality and fairness was identified and found an audience among the emerging middle classes whose economic interests lay in providing better systems for supporting national and international trade.
The social contract
John Locke considered the mechanism that had allowed monarchies to become the primary form of government. He concluded that monarchs had asserted the right to rule and enforced it either through an exercise in raw power, or through a form of contract, e.g. the feudal system had depended on the grants of estates in land as a return for services provided to the sovereign. Locke proposed that all citizens are equal, and that there is an unwritten but voluntary contract between the state and its citizens, giving power to those in government and defining a framework of mutual rights and duties. In Leviathan, Thomas Hobbes wrote, "the right of all sovereigns is derived from the consent of every one of those who are to be governed." This is a shift from authoritarianism to an early model of European and North American democracy where police powers and the system of punishment are means to a more just end.
Bentham
In this
context, the most relevant idea was known as the "felicitation principle", i.e. that whatever is done should aim to give the greatest happiness to the largest possible number of people in society. Bentham argued that there had been "punishment creep", i.e. that the severity of punishments had slowly increased so that the death penalty was then imposed for more than two hundred offences. It had therefore become counter-productive because it produced an incentive to kill any possible witnesses to every crime to reduce the risk of arrest. Bentham posited that man is a calculating animal who will weigh potential gains against the pain likely to be imposed. If the pain outweighs the gains, he will be deterred and this produces maximal social utility. Therefore, in a rational system, the punishment system must be graduated so that the punishment more closely matches the crime. Punishment is not retribution or revenge because that is morally deficient: the hangman is paying the murder the compliment of imitation. But the concept is problematic because it depends on two critical assumptions:if deterrence is going to work, the potential offender must always act rationally whereas much crime is a spontaneous reaction to a situation or opportunity; and
if the system graduates a scale of punishment according to the seriousness of the offence, it is assuming that the more serious the harm likely to be caused, the more the criminal has to gain.
In this context, note Bentham's proposal for a prison design called the "panopticon" which, apart from its surveillance system included the right of the prison manager to use the prisoners as contract labour.
Beccaria
In 1764, he
published Dei Deliti e Delle Pene ("On Crimes and Punishments") arguing for the need to reform the criminal justice system by referring not to the harm caused to the victim, but to the harm caused to society. In this, he posited that the greatest deterrent was the certainty of detection: the more swift and certain the punishment, the more effective it would be. It would also allow a less serious punishment to be effective if shame and an acknowledgement of wrongdoing was a guaranteed response to society's judgment. Thus, the prevention of crime was achieved through a proportional system that was clear and simple to understand, and if the entire nation united in their own defence. His approach influenced the codification movement which set sentencing tariffs to ensure equality of treatment among offenders. Later, it was acknowledged that not all offenders are alike and greater sentencing discretion was allowed to judges. Thus, punishment works at two levels. Because it punishes individuals, it operates as a specific deterrence to those convicted not to reoffend. But the publicity surrounding the trial and the judgment of society represented by the decision of a jury of peers, offers a general example to the public of the consequences of committing a crime. If they are afraid of similarly swift justice, they will not offend.Spiritual explanation of crime
Spiritualistic understandings of crime stem from an understanding of life in general, that finds most things in life are destiny and cannot be controlled, we are born either good or bad and all our actions are decided by a higher being. People have held such beliefs for all of recorded history, “primitive people regarded natural disasters such as famines, floods and plagues as punishments for wrongs they had done to the spiritual powers”.[1] These spiritual powers gained strength during the middle ages as they bonded with the feudal powers to create the criminal justice systems. Under a spiritualistic criminal justice system, crime was a private affair that was conducted between the offender and the victim’s family. However this method proved to be too revengeful, as the state took control of punishment. Spiritual explanations provided an understanding of crime when there was no other way of explaining crime. However, the problem with this understanding is it cannot be proven true, so it was never be accepted.
Commentary
The idea of man as a calculating animal requires the view of crime as a product of a free choice by offenders. The question for policy makers is therefore how to use the institutions of the state to influence citizens to choose not to offend. This theory emerged at the time of the Enlightenment and it entirely consistent that it should focus on rationality. But, because it lacks sophistication, it was operationalised in a mechanical way, assuming that there is a mathematics of deterrence, i.e. a proportional calculation undertaken first by policy makers and then by potential offenders. This School believed that there are constants of value in pain and gain that can swing a decision to offend or not to offend. But not everyone is the same nor has the same view of what constitutes a price worth paying. It also had a certain utopianism in assuming that the policing system could rapidly grow and deliver a better service of investigation and detection. If certainty of punishment is to be achieved, there must be a major investment in policing.
As other Schools of thought developed, Classicism slowly grew less popular. But it has seen revival through the Neo-Classical School and the theories of Right Realism such as the Rational Choice Theory.
Reference
Andrews, Richard Mowery. "The Cunning of Imagery: Rhetoric and Ideology in Cesare Beccaria’s Treatise On Crimes and Punishments." In Begetting Images: Studies in the Art and Science of Symbol Production, edited by Mary B. Campell and Mark Rollins. New York: Peter Lang, 1989.
——————. Law, Magistracy, and Crime in Old Regime Paris, 1735–1789, volume I, The System of Criminal Justice. See 441-72. Cambridge: Cambridge University Press, 1994.
Beccaria, Cesare Bonesana. An Essay on Crimes and Punishments. [1764]. 2nd American edition. Translated from the Italian by Anonymous. Philadelphia: Philip H. Nicklin, 1819. [Archive]
Beccaria, Cesare. On Crimes and Punishments. [1764]. Translated from the Italian by Richard Davies and Virginia Cox. In On Crimes and Punishments and Other Writings, edited by Richard Bellamy. Cambridge: Cambridge University Press, 1995.
——————. On Crimes and Punishments. [1764]. Translated from the Italian by David Young. Indianapolis, Indiana: Hackett, 1986.
——————. "A Discourse on Public Economy and Commerce." [1769]. Included as "Inaugural Lecture" in Cesare Beccaria, On Crimes and Punishments and Other Writings, edited by Richard Bellamy. Cambridge: Cambridge University Press, 1995. [WWW].
Beirne, Piers. "Towards a Science of Homo Criminalis: Cesare Beccaria’s Dei Delitti e Delle Pene." [1991]. In Inventing Criminology: Essays on the Rise of ‘Homo Criminalis’. Albany: SUNY Press, 1993.
Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. [1789]. In A Bentham Reader, edited by Mary Peter Mack. New York: Pegasus Books, 1969. [WWW]
——————. The Rationale of Punishment. London: R. Heward, 1830. [WWW]
——————. The Rationale of Reward. London: John and H. L. Hunt, 1825. [WWW]
Cockburn, J. S. "Punishment and Brutalization in the English Enlightenment." Law and History Review 12 (1994): 155-79.
Foucault, Michel. Discipline and Punish: The Birth of the Prison. Translated from the French by Alan Sheridan. New York: Vintage Books, 1979. [See Part II.]
Fuller, Timothy. "Jeremy Bentham and James Mill." In History of Political Philosophy, edited by Leo Strauss and Joseph Cropsey, 710-31. Third edition. Chicago: University of Chicago Press, 1987.
Geis, Gilbert. "Jeremy Bentham." In Pioneers of Criminology, edited by Hermann Mannheim. Montclair, New Jersey: Patterson Smith, 1972.
Hart, H. L. A. "Bentham and Beccaria." In Essays on Bentham, Oxford: Oxford University Press, 1982.
Maestro, Marcello T. Cesare Beccaria and the Origins of Penal Reform. Philadelphia: Temple University Press, 1973.
——————. Gaetano Filangieri and his Science of Legislation. Philadelphia: American Philosophical Society, 1976.
——————. Voltaire and Beccaria as Reformers of Criminal Law. New York: Columbia University Press, 1942.
Manzoni, Alessandro. The Column of Infamy, Prefaced by Cesare Beccaria’s "Of Crimes and Punishments." Translated from the Italian by Kenelm Foster, O. P. and Jane Grigson, with an Introduction by A. P. d’Entrêves. London: Oxford University Press, 1964
Vold, G. Bernard, T. and Snipes, J. (1998) Theoretical Criminology. Oxford University Press, Oxford
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