the causes of crime lie in the criminal himself. They are like a disease that manifests itself in crime and needs to be "treated". He singled out 3 factors (sources) of this innate criminality:
Biological direction. It is associated with the name of an Italian prison psychiatrist. Cesare Lombroso , who expounded his views in the books: The Criminal Man, Crime: Its Causes and Remedies. His ideas:
special anatomical, physiological, psychological properties individual;
the presence in the individual of the atavistic features of a primitive man (third eyelid, membranes, increased hairiness, etc.);
epilepsy and moral insanity (shift of moral values).
Lombroso's theory was confirmed by practical conclusions and recommendations on the measures that society should apply to criminals:
a) treatment of those who are treatable;
b) life imprisonment or physical destruction of incorrigible criminals;
c) a system of special means that make it possible to detect and identify a born criminal even before he commits a crime and influence him without resorting to a judicial procedure.
Lombroso designed the tables external signs born criminals. Other criminologists tested them empirically, by experience, and it turned out that his conclusions were untenable.
Over time, Lombroso's theory was transformed into a biosocial theory.
sociological direction. It arose and developed almost simultaneously with the biological direction as a reaction to it. Representatives of this direction did not completely reject the influence biological factors, but the decisive role was assigned to the social and paid them the main attention.
The theory of factors. It was formed under the influence of research by statisticians, who established certain statistical relationships and patterns in the state and changes in a number of demographic, economic, and other social indicators associated with crime. The presence of a statistical relationship between indicators of crime and indicators of social conditions served as the basis for the conclusion for them: crime is a social phenomenon, not a biological one. Founder - Belgian statistician Quetelet , which analyzed data on the sex, age, profession of criminals, etc.
Both Quetelet and his followers (Van Gomel, Liszt, Prince) singled out 3 groups of factors:
physical factors (climate, geographical environment, season);
individual factors (sex, age, race, psychophysical features and anomalies);
social factors (employment, unemployment, price levels, housing, crop failures, alcohol consumption, wars, economic crises).
Disadvantages of this theory:
the researchers equated all the factors put forward by them and believed that their influence on crime was the same;
did not distinguish between the causes of an individual specific crime and crime in general as a social phenomenon. They viewed crime as simple sum individual reasons.
The problem of the correlation of social and biological in the personality of a criminal
graduate work
2.1 "Anthropological" school in criminology
In the 70s - 80s. 19th century in criminal law, a new trend has emerged, which, in contrast to the classical one, is sometimes called positivist. It was represented by two main schools: "anthropological" and "sociological". "Anthropologists" (Lombroso, Ferri, Garofalo), who spoke for the first time in the 70s. XIX century, considered crime as biological phenomenon, and criminals - as a special breed of people that can be recognized by special physical features ("stigmata").
"Sociologists", who spoke a little later, in the 80s. XIX century, stated that crime is the result of the interaction of many factors ("physical", "individual" and "social") and that there is a category of people in a dangerous state, from which society must be protected before they commit a crime. "Anthropologists" and "sociologists" proposed a radical reform of criminal law and procedure. They proposed to discard as “obsolete” the most important principles and institutions of criminal law: the principle of “nullum crimen sine lège” (there is no crime without law), the principle of the correspondence of punishment to the gravity of the deed, the concept of corpus delicti, guilt, sanity, etc. The fact that new trends in bourgeois criminal law appeared precisely in the 70-80s. XIX century, was not an accident. During this period, contradictions in all Western states, economic crises intensify, unemployment and poverty rise populace. As an inevitable consequence of this, crime is steadily growing, primarily professional and political crime, and crime among young people is sharply increasing.
The "classical" school that dominated criminal law before that could not explain the unprecedented growth of crime, and did not try to do this, since it focused its main attention on a purely legal analysis of crimes and individual institutions of criminal law.
At the same time, during this period, the teaching of Marxism was widely spread, according to which the responsibility for the growth of crime lies with capitalist society, and only with its destruction it is possible to hope for the complete eradication of crime in the life of human society. All this necessitated the emergence of new ideas that would not dissociate themselves from the questions of the causes and essence of crime, but, on the contrary, would raise these questions.
The ideas of the "anthropological" and "sociological" schools were based on a variety of philosophical, sociological and general legal theories.
"Anthropologists" borrowed some of the thoughts of the philosophers Buchner, Fogg, Moleschott, in which they identified the laws of nature with the laws of society. "Anthropologists" interpreted crime as a biological phenomenon inherent not only in human society, but also in animals and even plants.
An important role in the formation and substantiation of the views of the "anthropological" school was played by the teachings of the philosopher and sociologist Spencer. According to Spencer, human society, like an animal organism, is subject to biological laws. On this basis, Spencer drew a conclusion about the natural and eternal nature of human society and the phenomena inherent in it.
The views of "anthropologists" and "sociologists" are also under strong influence social Darwinism - a direction in sociology that tried to use Darwin's doctrine of the struggle for existence in the world of animals and plants in explaining patterns community development. Based on the provisions of social Darwinism, "anthropologists" and "sociologists" considered crime as a manifestation of the struggle for existence between the criminal and society and therefore substantiated the right of society to punish persons harmful to it, regardless of their guilt, by the right of any organism to exist, to self-defense. Criminals are people who are not adapted to life in society, so they must be destroyed or, at least, isolated from society Kuznetsova N.F. Modern bourgeois criminology. M., 1976. S. 48. .
The Malthusian theory of population was also used by the "anthropological" school. Based on its provisions, "anthropologists" demanded that measures be taken to eliminate the supposedly existing "race of criminals." the best way to achieve this goal, they announced the sterilization and physical destruction of criminals. The "anthropological" school tries to prove the existence of races predisposed to crime or certain types crimes. This side of the teaching of the "anthropological" school was later widely used by German fascism, which set itself the goal of destroying entire races and peoples.
The "anthropological" school arose originally in Italy, where it had big number adherents. Founder new school was the Italian physician Cesare Lombroso, who published in 1876 the work "Criminal Man in its Relationship with Anthropology, Jurisprudence and Prison Studies". In 1881, "Criminology" by the Italian lawyer Garofalo was published, and in the same 1881, under the title "New Horizons of Criminal Law and Procedure", the main work of the Italian Ferry "Criminal Sociology" by Reshetnikov F.M. was published. Criminal law bourgeois countries. Classical school and anthropological and sociological direction. M., 1985. P.69. .
Since 1880, Lombroso and his associates began to publish their own journal, The Archive of Criminal Psychiatry and Criminal Anthropology. From the same time, international congresses of criminal anthropology, organized by Lombroso and his supporters, began to gather.
I must say that the views of Lombroso did not represent something completely new. Yes, back in late XVIII - early XIX in. phrenology, the theory of the Austrian Gall, was widely adopted. According to Gall, there are people with a bad organization of the brain - criminals who can be identified by the structure of their skull. Gall proposed to destroy such people by examining their skull and making sure that they are innate, incorrigible criminals.
One of the forerunners of the "anthropological" school is the French psychiatrist Despin. In his opinion, criminals are people who are "morally insane", i.e. with a healthy but "vicious" state of the brain. This "moral insanity" is expressed in the innate absence moral sense, in the absence of remorse and remorse and in extreme hindsight.
The most important source of the "anthropological" school was also the teaching of the French psychiatrist Morel, who put forward the theory of progressive degeneration human race, which finds its expression in inherited mental illness and crime.
Thus, many of the starting points of the "anthropological" school were formulated long before Lombroso. In his works, these provisions were already elevated to the rank of "fundamental" criminological theory, and radical conclusions were drawn from them for the organization of criminal repression.
One of the most important postulates of the "anthropological" school is the interpretation of crime as an eternal and natural phenomenon. So, Lombroso argued that crime is a natural and necessary phenomenon, like conception, birth, death, mental illness.
For "anthropologists" crime is characteristic of any society, at any stage of human development, human society is not able to get rid of the ulcer of crime, but can only, to one degree or another, weaken the harm caused by crime.
Moreover, for supporters of the "anthropological" school, crime is a phenomenon characteristic not only of human society, but also of animals and even flora. In particular, in animals, Lombroso discovered the existence of 22 types of murders: for self-interest, for food, "infanticide", etc. He "managed" to identify "born criminals" among animals marked with skull anomalies See: Reshetnikov F.M. Decree. op. P.74. . For example, among the "criminal" he attributed skittish, angry horses with a narrow fleeing forehead. The biological interpretation of the crime given by Lombroso completely ignored the fundamental opposition between the nature of the relationships that develop in human society in the relationships between people and the struggle for existence that takes place in the conditions of the animal and plant world.
Based on this false assumption about biological entity crime Lombroso put forward the assertion about the existence of a special type of person, a "born criminal", which differs in its physical and mental data from ordinary people. "Anthropologists" considered "born criminals" as a completely independent race of people, sharply different from the rest of humanity, when the transformation of a normal organized person turning into a criminal is as impossible as turning a chimpanzee into a gorilla is impossible.
Having subjected to a comparative study of prisoners in prisons and ordinary citizens (soldiers, firefighters, students), Lombroso stated that he discovered a type of "born criminal" (about 40% of all prisoners), which is easy to detect by certain physical signs ("stigmata"). Lombroso attributed to such signs, first of all, the features of the skull: deep frontal sinuses, very voluminous cheekbones, huge eye orbits, numerous occipital depressions, a bird-like type of nasal opening, the so-called "lemur" appendage of the jaw, etc. The face of a "born criminal" , according to Lombroso, has the following features: drooping ears, slanting eyes, crooked nose, sloping forehead, narrow lips, rich head of hair and a thin beard.
Almost each of the signs Lombroso indicated became the subject of special study by his many followers. For example, Ottolenghi, studying the nasal bone of the skull, came to the conclusion that it can be used to distinguish not only criminals and ordinary citizens, but also thieves, murderers, etc. In particular, in most thieves, he found a short, wide, flattened nose, which in many cases veered off to the side. Having studied in detail the wrinkles on the face, he came to the conclusion that a “born criminal” can be identified by a specific zygomatic wrinkle passing in the middle of the cheek, which was called the “wrinkle of vice” See: Lombroso C. Crime. M .: Firm "Spark", 1994. S. 143. .
Another follower of Lombroso, Frigerio, devoted himself entirely to studying the ears of criminals with the help of an “otometer” specially invented by him (from the Latin “oto” - ear).
Another “scientist” - Marro, took up the study of the hands of criminals, who found that murderers usually have thick and short arms, while thieves, on the contrary, have thin and long ones.
Lombroso and other "anthropologists" did not limit themselves to a purely "external" study of criminals. They stated that the weight of the brain and the number of convolutions in the brain of a criminal is less than that of normal people; they found features even in the stomach, heart and other internal organs criminal; according to them, the offender was different in weight and height from normal people, and so on.
Lombroso examined vision, taste, smell, touch, development vascular system, even the ability of the criminal to blush and came to the conclusion that all kinds of sensitivity in criminals are dulled. Based on all this, "anthropologists" concluded that all true criminals have a certain, causal connected side by side bodily, anthropologically proven, and spiritual, psychophysically proven, signs that characterize them as special kind, in fact, anthropological type of a person and the possession of which with inevitable necessity makes their bearer a criminal, completely independent of all social and individual conditions of life.
It should be noted that, according to Lombroso, the traits of a “born criminal” manifest themselves differently in the main criminal types that differ in their “stigmata”: thieves, swindlers and murderers. At the same time, he stated that in the most dangerous "criminal type" - the killer - all character traits"born criminal".
The provisions of the "anthropological" school about the existence of a special type of "born criminal" with its inherent physical and mental symptoms have already been refuted in late XIX in. by many criminalists with the help of facts and statistics. In particular, they showed that the signs allegedly distinguishing "born criminals" can be easily found in people who have never committed crimes, in people whose morality and behavior are impeccable even from the point of view of "anthropologists." At the same time, the facts showed that among the most hardened killers, recidivist thieves, etc., there are those who are completely devoid of numerous features indicated by "anthropologists" as distinctive features"born criminal".
What did the “anthropological” school see as the reason for the appearance of the “born criminal”?
With the help of falsified data, "anthropologists" tried to prove that the criminal was close to the structure of the brain and skull. primitive man Fox W. Op. Op. P.265. .
"Anthropologists" also tried to prove the similarities between the criminals and the inhabitants of some parts of Africa, while distorting various scientific data. As one of the "evidence" of this similarity, even the propensity of criminals to tattoo appeared. However, it is clear that the tattoo, common among some peoples, is associated with a certain level cultural development, traditions, religious beliefs and has nothing to do with a tattoo on criminals. The latter is not caused innate qualities criminals, but the conditions of prison life.
All these statements of "anthropologists" about the similarity of criminals with primitive people were needed by them in order to put forward a position about the atavistic nature of the crime. Thus, Lombroso and Lasky wrote that the criminal can be seen as a manifestation of pre-atavism, dating back to carnivores and rodents.
The political meaning of such an interpretation of the crime lies in the desire to prove that since the offender is a manifestation of atavism, human society is not to blame for his crime, and the criminal can be treated as a half-human, without linking repression with “human” frames. The only thing society can promise a criminal is to measure, weigh and hang him.
Along with this, they tried to use Despin's assertion that crime is a kind of "moral insanity", that is, insanity that, not manifesting itself in the field of mental activity, affects exclusively the morality of a person. According to Lombroso, a moral position that makes its bearer not a fighter for the interests of society in general, but a fighter for the interests of only a class (a group of people - S.D.), should be considered as moral insanity.
Lombroso offered another explanation for crime - epilepsy. All criminals were declared by him to be sick with epilepsy in one form or another. However, this statement of Lombroso was refuted by criminologists and doctors after a rather serious study of this hypothesis.
Thus, Lombroso's contemporaries refuted his claims that crime is atavism, "moral insanity" or epilepsy. Opponents of his theory pointed out that the appearance of a "born criminal" could not be explained by such mutually exclusive conditions as atavism, "moral insanity" and epilepsy. It remains to be noted that all these "hypotheses" were needed by Lombroso and his associates in order to prove that criminals are a special race of people, a specific biological variety, thereby denying social nature crime.
Special consideration deserves the question of the assessment by "anthropologists" of political crime, its causes, nature and methods of combating it.
Lombroso and his like-minded people preached the path of reforms and the rejection of revolutions. By "revolution" they mean gradual reforms; under "rebellion" - mass movements of the people for their rights, including armed ones See: Reshetnikov F.M. Decree. op. P.79. . "Anthropologists" tried to deny that the cause of political crimes lies in human society and its vices. In addition, they believed that increased exploitation, deterioration financial situation popular masses even contributes to the fight against political crimes. So, Lombroso argued that, from the point of view of political crimes, extreme degrees of disasters and misfortunes have a much more favorable effect on a person than contentment and happiness.
The “anthropologists” declared the cause of political crime to be the existence of a special kind of people who allegedly suffer from “political madness”. This can be seen from the assessment that Lombroso once gave to the participants Paris Commune, claiming that they are criminals, lunatics, drunkards and rebelled only to satisfy their immoral appetites.
precautionary measures against revolutionary movement"anthropologists" called carrying out the most severe repression against its participants. The death penalty, link to uninhabited islands and in swampy areas - these are the measures they deserve.
With a huge increase in juvenile delinquency at that time, Lombroso was the first to conduct a study of this type of crime. His position boiled down to the fact that moral anomalies that would create crime in relation to an adult manifest themselves in children in much large sizes and with the same signs, especially thanks to hereditary reasons. In this respect, education can do nothing: it gives children, at the most, an outward brilliance, which is the source of all our illusions. It cannot change those born with perverted instincts.
Despite the fallacy of Lombroso's position on the existence of born criminals, one cannot deny his contribution to the development of criminology. Some Western criminologists consider the beginning of the formation of criminology as independent science the work of this scientist. The well-known French criminologist M. Ansel noted that it was not the theory of a born criminal and not the doctrine of atavism in crime that was a significant novelty, but the transfer of the center of gravity in assessing the crime to the person committing this act was important. It was Lombroso who began to investigate the factual material, raised the question of the causality of criminal behavior and the identity of the criminal Ansel M. Novaya social protection. M., 1976. S. 187. . In later works, Lombroso abandoned his radical views, practically accepting the position of "sociologists" See: Lombroso C. Crime. M .: Firm "Spark", 1994. S. 166. .
C. Lombroso (1835-1909), a prison doctor in Turin, is considered the indisputable ancestor of this trend. With the help of anthropological methods, he measured various parameters of the structure of the skull of numerous prisoners, their weight, height, length of arms, legs, torso, structure of ears and noses, and during the autopsy of the dead, the structure and weight of internal organs.
In total, over his many years of practice, he investigated over eleven thousand people convicted of crimes. C. Lombroso describes his main discovery quite poetically: “Suddenly, one morning on a gloomy December day, I discovered on the skull of a convict a whole series of atavistic abnormalities ... similar to those found in lower animals. At the sight of these strange abnormalities - as if a clear light illuminated the dark plain to the very horizon - I realized that the problem of the nature and origin of criminals was solved for me.
The results of research and conclusions about a “born” criminal who differs from other people in the features of “degeneration” (“a criminal is an atavistic creature that reproduces violent instincts in his personality”). primitive humanity and lower animals") were reflected in the work "Criminal Man" (1876). Signs of "degeneration" are manifested in numerous "stigmata": "abnormalities" in the structure of the skull, a low or sloping forehead, huge jaws, high cheekbones, adherent earlobes, etc. Ch. Lombroso created a whole series of "portraits" of various criminals - murderers, robbers, thieves, rapists, arsonists, etc. The classification of criminals he developed included four types: natural, soul-
sick, by passion (including political maniacs), random.
Over time, under the pressure of justified criticism, C. Lombroso began to pay attention to other - social, demographic, climatic factors. However, he forever entered the history of criminology as the author of the theory of the inborn offender.
The results of C. Lombroso's anthropological research did not stand up to scrutiny. He violated the well-known requirement of modern sociology: along with a special contingent of subjects, it is necessary to study the control group using the same methods. AT this case- non-criminals. So, even during his lifetime, Ch. Goring (1870-1919) carried out comparative study three thousand people - prisoners (main group) and the control group - students of Oxford, Cambridge, colleges, military personnel. The results showed no significant differences between groups and were published in Prisoner in England (1913). Later, similar studies were carried out by other authors (N. East, V. Hyle, D. Zernov, and others) with the same results. The myth of the "inborn offender" was dispelled, although sometimes there were relapses ...
The students of C. Lombroso and his compatriots E. Ferri (1856-1929) and R. Garofalo (1852-1934) followed their teacher in recognizing the role of biological, hereditary factors. At the same time, they paid attention to psychological (especially R. Garofalo) and social factors in the conditionality of crimes. They both denied the idea of free will, searching for the causes of crimes.
E. Ferry singled out anthropological (bodily and spiritual nature of individuals), physical ( habitat) and the social determinants of crime. Punishment should perform a purely preventive, defensive function. In "Criminal Sociology" (in the Russian
danim - “Criminal Sociology”) E. Ferry wrote, substantiating the principles of positivism: “Earlier, the science of crimes and punishments was essentially just a presentation of theoretical conclusions that theorists came to only with the help of logical fantasy. Our school has turned it into the science of positive observation. Based on anthropology, psychology and crime statistics, as well as on criminal law and the study of imprisonment, this science becomes a synthetic science, which I myself called "Criminal Sociology". E. Ferry attached great importance preventive measures (improvement of working conditions, life and leisure, lighting of streets and entrances, conditions of education, etc.), he believed that the state should become an instrument for improving socio-economic conditions.
R. Garofalo tried to move away from the criminal law understanding of the crime. He believed that criminal acts are those that no civilized society can regard differently and which are punishable by criminal punishment. "Natural" crimes violate feelings of compassion and honesty. "Police" crimes violate only the law.
Thus, the "School of Turin" to some extent anticipated the development of all three main areas of positivist criminology.
The anthropological or biological trend is by no means limited to Lombrosianism.
According to the German psychiatrist E. Kretschmer (1888-1964) and his followers (first of all, the American criminologist W. Sheldon), there is a connection between the type of body structure, the character of a person, and, consequently, his behavioral reactions, including criminal ones. According to their "constitutional predisposition" theory, high and thin people- ectomorphs ("cerebrotonics", according to W.
Sheldon, or asthenics) - more often they will be timid, inhibited, prone to loneliness, intellectual activity. Strong, muscular mesomorphs (“somatotonics” or athletes) are dynamic, striving for dominance. It is they who are more likely to commit crimes than others. Low, full endomorphs (“viscerotonics” or picnics) are sociable, calm, cheerful.
The connection between the physical constitution, character traits and behavioral reactions does exist, but representatives of all types of physical constitution and various types character (since I.P.
Pavlova, choleric, sanguine, phlegmatic and melancholic are well known, although modern classifications nature is much more complex and diverse) can differ both in law-abiding behavior and deviant behavior - positive and negative, including criminal. Body structure and character are not differentiating factors in relation to crime.
These remarks also apply to the distinction by K. Jung (1923) of two main personality types - extroverts, oriented to communication, prone to innovation (sometimes with elements of adventurism), and introverts - self-oriented, closed, risk-averse, conservative. G. Eysenck (1963) for more complete characteristics personality types supplemented extroverts (openness) / introverts (isolation) with characteristics of stability / instability (anxiety level). And he also tried to connect criminal behavior with personality traits.
E. Huten (1887-1954) also tried to revive the ideas of Lombrosianism with a racist accent. For 12 years, he examined over 13 thousand prisoners and more than 3 thousand people. control group(not prisoners). They were allocated 9 racial types. As it turned out, in each race there are "inferior" representatives who deviate from the average indicators for the race. His proposals boiled down to isolating or destroying "maladjusted" individuals...
With the development of modern biology and genetics within the framework of biological direction more and more new theories are emerging. Let's name just a few of them. A detailed discussion of them can be found in modern book D. Fishbein.
Twins concept. In a number of studies (Loehlin, Nichols, 1976, etc.) it was found that the same (including criminal) behavior of adult pairs of identical (monozygotic) twins is observed relatively more often than in pairs of dizygotic (dizygotic) twins. In one of the studies, for example, such a match was in 77% of cases of identical and 12% of cases of fraternal twins. From this, a conclusion was made about the role of genetic predisposition to certain behavioral forms. However, different researchers obtained unequal results, the conditions of upbringing of both twins were not always studied, so there are not so many supporters of the “twin” explanation of criminal behavior.
chromosome theory. P. Jacobs (1966), based on the study of prisoners in Swedish prisons, put forward a hypothesis about the dependence of increased aggressiveness and, accordingly, high level violent crime in men with an extra Y chromosome (XYY instead of XY). Later T. Polej refuted this assumption. If men with an extra Y chromosome are characterized by increased aggressiveness, then their proportion in the population is extremely low (1 out of 1000) and constant, and the level of violent crime varies significantly in time and space. According to R. Fox (1971), prisoners with the XYY chromosome set are not more prone to violence than other prisoners, but they commit property crimes relatively more often. In addition, increased aggressiveness can also manifest itself in socially useful or acceptable behavior (athletes, policemen, military personnel).
Pulse rate. A Cambridge longitudinal (study of the same faces over a significant period of time) study of over 400 men showed that those who had a lower resting heart rate (66 beats per second) than the average (68 beats per second) ), were relatively more likely to be convicted of violent crimes (D.Farrington, 1997). Similar results were obtained in studies by M. Wadsworth (1976) and A. Raine (1993). But most likely such a single factor as heart rate is only one of the indicators general condition nervous system, one way or another influencing behavior, including aggressive behavior.
The level of serotonin in the blood. Based on numerous studies, it is assumed that an increased level of serotonin in the blood indicates a higher likelihood of aggressive, including criminal, behavior.
The role of testosterone. Similarly, it is believed that increased levels of testosterone (male sex hormone) can increase aggressive behavior. Some researchers believe that a similar role in the female aggressive behavior play female hormones.
The sociobiology of E. Wilson (b. 1929) tries to combine biological (genetic) and cultural factors in explaining criminal behavior, primarily aggressive, violent.
At the same time, firstly, the results of various studies are often contradictory. Secondly, a number of studies have shown that hormone levels are highly sensitive to external conditions. Thirdly, and most importantly, there is no evidence of a specific influence of all the above biological factors (extra Y chromosome, pulse rate, serotonin or hormone levels, etc.) specifically on criminal behavior. This does not exclude the possibility that, other things being equal, the genetic component may play a role certain role more or less likely behavioral response specific individual (it is enough, for example, to recall that the role of heredity in the genesis of alcoholism is great, and in the state alcohol intoxication many crimes are committed). As the Russian psychologist V. Levy noted in one of his books, “Society chooses from the psychogene pool.” In other words, social factors influence behavior indirectly - through genetic and psychological features personality traits. Finally, fourthly, all these arguments, as well as other ideas of supporters of biological and psychological directions, are related to individual criminal behavior - crime, but do not explain crime as a social phenomenon.
Development of domestic criminology
Sociological
Anthropological
classic direction criminological theories
The birth of criminology as a science, due to the increased needs of society in combating crime, is associated with the publication in 1885 of a book by the Italian scientist R. Garofalo. However, the ideas about the essence of crime, its causes, and the prevention of crime have always interested human society, as evidenced by the numerous statements on these issues by thinkers of antiquity (Plato, Aristotle), the Renaissance (M. Luther, J. Locke), the Enlightenment (Montesquieu, Rousseau and others), the formation and development of capitalism (C. Lombroso, Quetelet, and others).
Analysis of numerous theories and scientific views gives grounds for distinguishing three main directions (classical, anthropological and sociological), along which criminological ideas developed historically, which ultimately made it possible to form criminology as an independent science.
Representatives of classical criminological schools (Beccaria, Bentham, Horvard, Liszt, Feuerbach, etc.) already in the XVIII - XIX centuries resolutely rejected the theological understanding of crime as a manifestation of the satanic, diabolical principle. According to them, crime is a consequence conscious behavior a person who, having complete freedom will, chooses a variant of his actions. This choice itself is predetermined by the extent to which a person has mastered the moral rules of life.
Punishment for a crime committed is an inevitable and fair response of a society that does not pursue manifestations of cruelty, but is aimed at intimidating, correcting and neutralizing the criminal.
Many of the ideas of the "classics" retain a certain value even in modern society. Thus, such provisions of Beccaria as the need for proportionality between crimes and punishments have withstood the test of time; the advantage of crime prevention over punishment, etc.
At the same time, representatives classical theories when reassessing the possibilities of criminal punishment, not enough attention was paid to the personality of the offender, as well as to the objective social factors that determine crime, only the prevention of crimes was reduced to measures of education and education.
Serious gaps in the classical school gave a certain impetus to the development of the anthropological direction of criminological theory, one of the first representatives of which was the Italian prison psychiatrist C. Lombroso.
C. Lombroso's studies of the personality, the body of persons who committed crimes, led to the formation of the so-called theory of a born criminal. The main ideas of this theory were reduced to the following provisions:
special criminal natural type, do not become, but are born;
the cause of crime lies not in society, but in the criminal himself;
a congenital offender is characterized by special physiological, psychological and even anatomical properties. The latter at the same time differ depending on the criminal orientation of the individual to commit murders, rapes, encroachments on property.
Killers - voluminous cheekbones, narrow faces and fixed eyes, thin lips;, rapists - bulging eyes, huge lips and eyelashes, a flattened nose, thieves - an elongated head, a straight, often concave nose, shifty eyes, etc. Such views led to conclusions about the need for extrajudicial procedures to identify and isolate born criminals.
pros Despite the scientific inconsistency of these provisions, confirmed by numerous studies, they should hardly be assessed only negatively. Lombroso and his followers for the first time paid special attention to the identity of criminals, the development of an anthropological method for their identification. And the very theory of a born criminal was gradually transformed into a biosocial one, which was clearly manifested in the works of the followers of C. Lombroso.
Followers of Lombroso
The theory of clinical criminology (Garofalo) (dangerous state of the individual), explaining crime by the inherent inclination to crime in individual individuals. Such inclinations, according to the French scientist Pinatele, are determined using special tests, as well as analysis of the profession, lifestyle, behavior of the individual. Correction of the behavior of potential or real criminals, according to representatives of this school, can be carried out using electric shock, surgery, sterilization, castration, and medication.
Theories of constitutional predisposition to crime (Kretschmer, Sheldon, the Gluck spouses, etc.) associated the commission of crimes with the work of the endocrine glands, which affects both appearance ( physical constitution), and on the human psyche.
As measures to combat crime, they proposed, along with the use of chemicals, the placement of potential criminals in special camps to inculcate skills and habits of socially useful behavior.
Concepts mental retardation criminals (Goddard), their hereditary predisposition (Kinberg, Longuet, etc.). These concepts were based on studies of the behavior of several generations of close relatives; identical and non-identical twins; effects on the behavior of extra male chromosomes.
Criminological theories based on Freudianism. Based on the psychoanalytic concept of Freud human behavior determined by unconscious impulses radiated from the depths of the subconscious. White, Abrahamsen, Mergen) - each person carries a certain definition from birth. criminal charge, has a subconscious. natural instincts, drives and inclinations that have anti-social. character
Cons of the anthropological school However, all these provisions, which do not take into account the social factors of crime, do not withstand criticism of subsequent scientific research conducted by both geneticists and sociologists, psychologists, criminologists.
At the same time, it is hardly correct to completely ignore biological, or rather biosocial, concepts of crime. Many of them give interesting material for modern criminologists, who consider a person as a unity of biological and social, and the formation of the personality of a criminal - as a result of the influence of social factors (causes of behavior) on biological structure, acting only as a certain prerequisite (conditions) for subsequent behavior.
There are 3 views on the causes of crime and the nature of the offender:
1. based on giving priority to the anthropological features of criminals
2. tried to understand the influence of the will of the individual himself on the commission of a crime
3. lies in the position that everyone is in complete subjection to God, cat. current 1 commands all the actions of people, including criminal ones.
C. Lombroso-1835-1909 it. prison doctor. After measuring the body parts of the convicts, he outlined his findings in "Criminal Man" "A Woman, a Criminal and a Prostitute." At the core of his concept thesis about the natural (biological) character of crime in human. general-ve, about the existence of a criminal genotype. The idea is that criminals are born and criminals can be identified by specific physical signs. Behavior is causally conditioned by "innate individual factors that they constitute the underlying causes of criminal behavior". Criminals are not made, but born. Lombroso designed classification of criminals types: born, mentally ill, criminals of passion, primary, accidental. He proposed to develop a system of special means to detect and identify a born criminal even before he committed a crime and influence him without resorting to a court. procedures. Recommendations for such l.: treatment / forced. correction, those who succumb to it, and life or physical. elimination of the incorrigible. Biologically, only remote prest prest. behavior. It was he who started the research actual material, set? about the causality of criminal behavior and the personality of the offender. In more late period he modified his theory. Including a chain of interconnected reasons: biological, social, economic and the environment of the individual.
His followers, using the teachings of Darwin, formulated the rules for the adaptation of the chela and the elimination of those who can adapt to the conditions of social and natural selection.
E. Kretschmer substantiates the existence of a connection between the m. type of body structure and the character of the chela. Subsequently, on the basis of the concept of a born criminal, the theory of genes and chromosomes appears.
E. Hutton For more than 15 years he has been conducting an anthropological study of criminals. "American Criminal" summarized the results of St. study, where he found that with the increase in the growth of the offender, the tendency to kill increases somewhat, and the tendency to robbery and theft clearly decreases. Aggravated murderers differ from other criminals in that they are taller, heavier in weight, and wider in the chest. Referring to these facts, Hutton concludes that the existence of the born criminal type is a real fact.
