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, put? 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.

• A COMMON PART
• Subject, system, tasks and functions of criminology
  • General characteristics of criminology
  • Goals, objectives, functions of criminology and their implementation
  • The place of criminology in the system of sciences. The interdisciplinary nature of criminology
• History of criminology. Modern criminological theories
  • The formation of criminology as a science. The main directions of studying the causes of crime
  • The origin and development of foreign criminological theories
  • The development of criminology in Russia
  • The current state of criminology
• Crime and its main characteristics
  • The concept of "crime". Correlation of crime and crimes
  • Key Crime Indicators
  • Latent crime and methods for its assessment
  • Social consequences of crime
  • Characteristics of modern crime, its assessment and analysis
• Determinants of crime
  • The concept of "determinism"
  • Causality theory
  • The concept of "determinant" in criminology
  • Causes and conditions of crimes
• The identity of the offender and its criminological characteristics
  • The essence and content of the concept of "personality of the offender" and its relationship with other related concepts
  • The structure and main features of the criminological characteristics of the offender's personality
  • The ratio of biological and social in the structure of the personality of the offender
  • Classification and typology of the offender's personality
  • The meaning, scope, methods and main directions of studying the personality of a criminal in the activities of the Department of Internal Affairs
• The mechanism of individual criminal behavior
  • Causality as the interaction of social and biological
  • The psychological mechanism of personality behavior
  • Role specific situation in committing a crime
  • The role of the victim in the genesis of criminal behavior
• Fundamentals of victimology
  • The history of the emergence and development of the doctrine of sacrifice
  • Fundamentals of victimology. Victimization and victimization
  • "Victim of a crime" and "personality of the victim": concepts and their relationship
• Organization and conduct of criminological research
  • The concept of "criminological research" and "criminological information"
  • Organization and main stages of criminological research
  • Methods of criminological research
  • Methods of criminal statistics and their use in criminological research
• Crime Prevention
  • The concept of "crime prevention"
  • Types and stages of preventive activities
  • Individual prevention
  • Classification of preventive measures
  • Crime Prevention System
• Criminological forecasting and crime prevention planning
  • The concepts of "criminological forecast" and "criminological forecasting", their scientific and practical significance
  • Types and scope of criminological forecasting. Subjects of criminological forecasting
  • Methods and organization of criminological forecasting
  • Predicting Individual Criminal Behavior
  • Crime Prevention Planning and Programming
• SPECIAL PART
• Legal, organizational and tactical foundations of the activities of the Department of Internal Affairs for the prevention of crimes
  • The role and main tasks of the internal affairs bodies in the prevention of crimes
  • Legal support crime prevention
  • Information Support crime prevention and prevention planning
  • Methods for conducting general crime prevention
  • Methods for conducting individual crime prevention
• Criminological characteristics and prevention of juvenile delinquency
  • Main indicators of juvenile delinquency
  • Identity of juvenile delinquents
  • Causes and conditions of juvenile delinquency
  • Organization of juvenile delinquency prevention
• Criminological characteristics and prevention of recidivism and professional crime
  • The concept, signs and types of criminal recidivism and professionalism. The concept of recidivism and professional crime
  • Socio-legal characteristics of recidivism and professional crime
  • Criminological characteristics and typology of the personality of criminals - recidivists and professionals
  • Determinants of recidivism and professional crime
  • Features of the determination of professional crime
  • The main directions for the prevention of recidivism and professional crime
• Criminological characteristics and prevention of group and organized crime
  • The concept and signs of group and organized crime
  • Criminological characteristics of group and organized crime
  • Prevention of group and organized crime
• Criminological characteristics and prevention of violent crimes
  • Serious crimes against a person as a social and legal problem
  • The current state and trends of serious violent crimes against the person
  • Characteristics of perpetrators of violent violent crimes
  • Determinants of violent crimes against the person
  • The main directions of the prevention of violent crimes against the person
• Criminological characteristics and prevention of crimes against property
  • Criminological characteristics of crimes against property
  • Criminological characteristics of persons committing crimes against property and their typology
  • Determinants of crimes against property
  • The main directions of prevention of crimes against property. Features of the activities of the Department of Internal Affairs for the prevention of these crimes
• Criminological characteristics and prevention of crimes committed in the field of economic activity
  • The concept and current state of crimes in the sphere of economic activity
  • Characteristics of factors causing crime in the sphere of economic activity
  • Characteristics of the personality of a criminal who commits crimes in the field of economic activity
  • The main directions of crime prevention in the sphere of economic activity
• Criminological characteristics and prevention of crimes against public safety and public order
  • The concept and socio-legal assessment of crimes against public safety and public order
  • Criminological characteristics, determinants and main directions of prevention of terrorism (Article 205 of the Criminal Code of the Russian Federation)
  • Criminological characteristics, determinants and main directions of hostage-taking prevention (Article 206 of the Criminal Code of the Russian Federation)
  • Criminological characteristics, determinants and main directions for the prevention of hooliganism (Article 213 of the Criminal Code of the Russian Federation)
  • Criminological characteristics, determinants and main directions for the prevention of environmental crimes (Art. 246-262 of the Criminal Code of the Russian Federation)
  • Computer crimes and their criminological characteristics
• Criminological characteristics and prevention of crimes committed by negligence
  • The concept, types and criminological features of crimes committed through negligence
  • Criminological characteristics of persons committing careless crimes
  • Causes and conditions of careless crimes
  • Prevention of reckless crimes
  • Criminological features and prevention of motor vehicle crimes
• Criminological characteristics and prevention of socially negative phenomena associated with crime
  • The concept of "socially negative phenomena" and their connection with crime
  • Criminological characteristics and prevention of drug addiction
  • Criminological characteristics and prevention of drunkenness and alcoholism
  • Criminological characteristics and prevention of prostitution
  • Marginality and crime
• International cooperation in crime prevention
  • The concept and meaning of international cooperation in combating crime
  • Legal and organizational forms interaction of state bodies of various countries in the study of crime and its prevention
  • The main directions and forms of international cooperation in combating crime
  • International cooperation in combating certain types of crimes: illicit trafficking in narcotic and psychotropic substances, legalization (laundering) of proceeds from crime

The formation of criminology as a science. The main directions of studying the causes of crime

We find the first attempts to reveal the connection between crime and the social conditions of contemporary society in the works of thinkers of antiquity. Already Democritus (5th-4th centuries BC) deduces the causes of crimes from the absence of motives for virtue due to moral and mental vices; indicates the role of education to prevent their occurrence, since wrong behavior is the result of ignorance of a more correct one. The threat of punishment, although it has a deterrent effect due to imperfection human nature, but plays only an auxiliary role, since it does not always keep from the temptation to sin in secret. Antisthenes, Diogenes and other representatives of the philosophical school (5th-4th centuries BC) associated the commission of crimes with immoderate or distorted needs: greed, depravity, selfish ambition, which take possession of a person due to the vices of education.

The idea of ​​the social, and not only the personal-motivational nature of violations of social norms was substantiated by Aristotle (4th century BC), who saw their cause in non-observance of equality and justice in society, which gives rise to the depravity of morals, manifested in social deviations: “ The greatest crimes are committed by human beings because they seek surplus rather than necessities." 1 Aristotle. Politics. SPb., 1911. S. 63.. Already in the works of ancient philosophers, one can find sketches, outlines of the ideas of crime prevention. Plato and Aristotle (384-322 BC) noted complex connection crime with the social conditions of people's lives, with their moral and ethical properties, indicating that the greatest crimes are committed by people, as they strive for an overabundance, and not for basic necessities.

The Renaissance and the subsequent period are significant in the works of Martin Luther, John Calvin, John Locke, Charles Montesquieu, Voltaire, Claude Helvetius, Paul Holbach, Jean-Jacques Rousseau, which analyzed the causes of negative phenomena, including crime, the role of the state and society in overcoming them.

Ideas about crime and its determinants have always been based mainly on the general philosophical and political ideas of their time. The influence of the “social order” on solving the problems facing the state and society is also obvious. In the era of the dominance of the theological worldview, the domination of the church in the Middle Ages, crimes were considered as manifestations of the "evil spirit", intrigues " evil spirits, which has entered a person.

The next stage was characterized by the fact that the bourgeoisie, going to power, opposed the rational-humanistic concept of society and man to the theological worldview. Enlightenment philosophers of the 18th century. Charles Montesquieu (1689-1755). Voltaire (1694-1778), Cesare Beccaria (1738-1794) considered a person as a rational being, free from any "mysterious forces" and explained the crime by the internal qualities of the individual, his "evil will", passions and vices, pushing him to commit crimes.

The views of Cesare Beccaria deserve special attention. Having proclaimed that a criminal is the same person as a non-criminal, Beccaria demanded, in the name of equality of all before the law and the court, equality of punishment. In the name of humanity, abolish the death penalty and commute all punishments. It is necessary to carry out these measures in the name of the justice of a transparent and independent court. Beccaria pointed to the economic structure of society, outdated mechanisms of statehood as the main causes of crime. He demanded from the government, first of all, the spread of education, the development of the well-being of the population. Interestingly, the well-known Order of Catherine II of 1762, given to the commission for drafting a new Code, contains numerous excerpts from Beccaria's book. He owns the idea of ​​crime prevention: "It is better to prevent a crime than to punish for it" 2 See: Beccaria Ch. About crimes and punishments. M., 1939. S. 199..

The criminological views of the first utopian socialists were developed by their followers: Saint-Simon (1760-1825), Charles Fourier (1772-1837), Robert Owen (1771-1858), who worked at the turn of the 18th-19th centuries. For example, in the era of the bourgeois development of capitalism, Saint-Simon associated crime with the dominance of wealthy property, economic exploitation, and social injustice. He considered the fight against crimes with the help of punishment unpromising, since only a socialist transformation in society would create the opportunity to overcome crime as a mass phenomenon. According to Owen's concept, the initial natural qualities of all people - poor and rich, honest and criminals - are the same, but their further physical, mental and moral development, the formation of their virtues or vices depend on the specific conditions of their existence.

An important contribution to the development of criminological thought was made by Adolf Quetelet (1796-1874), an outstanding Belgian sociologist, mathematician, astronomer, meteorologist, one of the founders of scientific statistics. In 1835 he published treatise"On Man and the Development of His Abilities, or the Experience of Social Physics". In it, Quetelet argued that social processes and physical phenomena obey certain laws and must be studied by the exact methods of mathematical statistics. Quetelet's impressive findings served as a serious impetus for regular statistical research crime.

Criminological theories of the origin of the causes of crime include several directions.

1. Anthropological direction. As you know, the evolutionary theory of species by Charles Darwin had a huge impact to the science of that time. The main provisions of his theory, especially the doctrine of natural selection, have been applied to study the development of society. The transfer of evolutionary theory to the field of crime research was carried out by Cesare Lombroso (1835-1909). In his work The Criminal Man, Studied on the Basis of Anthropology, Forensic Medicine and Prison Science (1876), he interpreted crime and the identity of the criminal in the category of biology and anthropology. Based on numerous observations, he announced among the scientific world that crime is determined by biological properties offender. They do not become criminals, but are born - this is the main conclusion of the above theory. The causes of criminal behavior are innate individual qualities. According to Lombroso, a born criminal is easy to distinguish by appearance: he has a flattened nose, low forehead, high cheekbones, huge jaws, protruding brow ridges, adherent earlobes, etc. In the language of modern biology. Lombroso believed that there is a specific criminal genotype, which is expressed in a well-defined phenotype. He developed tables of signs (stigmas) of a born criminal, many of which can be identified by directly changing the human body. Lombroso, adhering to the theory of factors and recognizing, along with "born" criminals, the existence of "accidental" criminals, also described 16 factors of various kinds that affect crime. It should be noted that none of the directions in criminology (including the radical anthropological theory) completely denied social factors, determinants and crime. Lombroso himself, already in the first edition of The Criminal Man, did not ignore these factors.

His friend and follower E. Ferry (1856-1929) in his work “Criminal Sociology” (1881) systematized these factors and gave a definition that became classic: “Considering that all human actions are the product of his physiological and mental organization and the physical social environment in which he grows up, I distinguished three categories of crime factors: anthropological or individual, physical and social " 3 See: Sibiryakov S.L., Zabolotskaya I.N. History of criminology: main directions. Volgograd. 1995, p. 78.. Anthropological factors Ferry divided into three subclasses. First - organic structure criminal (anomalies of the skull and brain, tattoos, etc.); the second - mental structure (mental and mental anomalies, jargon); the third - personal characteristics (age, gender, occupation, education). He attributed climate, meteorological conditions, seasons to physical factors. To social - population density, state of industry, legislation, economic and political system, public rights and religion. Ferry, based on the determinism of human behavior by biological factors, rejected the central postulate of the classical school of criminal law that existed at that time - the principle of free will as the basis of criminal liability. He formulated the concept of "dangerous state of the individual", i.e. a person's ability to commit a crime. Society, according to his theory, should not punish criminals, but take so-called measures of social protection for him - treatment, isolation, destruction of criminals.

2. Biological and biosocial directions. C. Lombroso's ideas about primacy biological factors among the causes of criminal behavior are developed in the works of his compatriots R. Garofalo and E. Ferry. By the way, the science of criminology owes its name to Garofalo: in 1885, his book was published, which was called “Criminology”. E. Ferry, together with the Austrian lawyer F. List (1851-1919), are considered the founders of the biosociological school. Ferry formulated the concept of "dangerous state", and Franz von List (by the way, he is one of the founders of International Union criminologists) used in his theory the concept of "individual inclination", putting into its content the biological characteristics of a person's personality. The developing criminal-anthropological (subsequently transformed into a biosocial) school was in direct opposition to the classical one: it was interested in crime not as a violation of a legal norm, but as a manifestation of the criminal’s special state, and punishment as one of the means of an unceasing and endless struggle in which the weak must give way strong. The teaching of the old, since the time of St. Augustine (354-430 AD) school of "free will" was replaced by the doctrine of rigid determinism - the doctrine of guilt was replaced by the doctrine of the "dangerous state" of the criminal and his ability to adapt to the social environment . The "criminal personality" was the core of the problem, on which all the attention of researchers in this direction was focused.

The authors biological theories criminality proceed from the basic Lombrosian idea and the biological anomaly of the criminal and, like Lombroso, use the achievements of modern biology to substantiate their views. This includes the theory of a person's endocrine predisposition to criminal behavior (R. Funes), which sees the cause of crime in anomalies of the endocrine glands. This is also the theory of constitutional predisposition to criminal behavior (E. Kretschmer), which consists in the relationship between the physical constitution of a person, mental makeup and type of behavior 4 See: Yakovlev A.M. Theory of criminology and social practice. M., 1985. S. 24; Inshakov S.M. Foreign criminology. M., 1997. S. 123..

Supporters of the biosocial direction - mainly French, Italian, Spanish, German and Latin American scientists - consider criminology to be a social-natural (biopsychiatric, biopsychological) science.

Subsequently, these studies gave rise to the so-called chromosome theory. It is known that the human genotype consists of 46 chromosomes, of which two are sex chromosomes, women have XX chromosomes, and men have XY chromosomes. When, in the 1950s, a chromosomal anomaly was detected in the United States during an examination of killers (they had a set of “XYY” - 47 chromosomes), it was concluded that the presence of an extra Y chromosome determines criminal behavior (i.e. a person with this chromosome is more sexual, aggressive, etc.).

An event bordering on a sensation was the publication in 1966 in the English journal Nature of a report by the criminologist P. Jacobs. It talked about genetic research, which proved that 3.5% of prisoners in one of the Swedish prisons have an extra Y chromosome. And it is these people who are mentally retarded, with dangerous violent or aggressive tendencies. The material interested criminologists, and comparative studies began to be carried out in many countries.

Another theory that has been developed in the world - the endocrine theory of crime - connects the individual's predisposition to commit a crime with the characteristics of his state and functioning. endocrine system. The spread of such views was facilitated by the successes of endocrinology, which established, in particular, the influence of the endocrine glands on emotional behavior person.

Among the biological and biosocial criminological concepts, those that associate crime not with the physical, but with the mental structure of a person, turned out to be more popular. This is especially true of the psychoanalytic theory of Sigmund Freud (1856-1939). Fredism considers crime as a manifestation of deep subconscious natural instincts and inclinations inherent in man from birth.

3. Sociological direction. "Criminals are not born, but made." Within the framework of this direction, provisions were formulated on the dependence of crime on the conditions of the social environment, on society, on the stability of the main parameters of crime and on the possibility of predicting it in the future. Criminological literature refers to her predecessors T. Mora, T. Campanella, Voltaire, J. Montesquieu, J.-J. Rousseau, A. Quetelet, C. Beccaria, I. Bentham, J. Marat, A. Saint-Simon, C. Fourier, R. Owen and others. sociologists, philosophers, theologians were mainly engaged in the study of crime and its causes, then in the late 1970s of the XX century. Lawyers were actively involved in the scientific dispute. In 1885, the French criminologist A. Lacassagne derives his famous formula: "Every society has the criminals it deserves." A. Quetelet argued that society itself prepares the crime, and the criminal himself is only a tool. Crime can only be influenced by changing institutions, people's habits, their education, and so on. Quetelet tried to find exact laws for social life, similar to the laws of mechanics, which are the same for all eras and peoples. He found that almost all phenomena in society are interconnected and some of them cause others.

The French sociologist and criminologist Gabriel Tarde (1843-1904) tried to overcome the mechanism of Quetelet's views. The work that finally approved the name of the new independent science, became the book "Philosophy of Criminology" by a French scientist. He considered conflicts, adaptations and imitation to be the main social processes in social relations. In contrast to the adherents of Lombroso's theory with their concept of "born criminal", Tarde coined the term "habitual criminal" ("Comparative Crime", 1886), arguing that a low level of material security, culture, and education contributes to the commission of crimes. 5 See: Tarde G. Comparative crime. M., 1907. S. 13. Consequently, according to the theory of factors, an increase in the material level of the population should reduce crime. He also included in the sociological understanding of the causes of crime such a psychological and socio-psychological category as imitation of the environment of communication.

A further contribution to the development of the sociological trend was made by the outstanding French sociologist E. Durkheim (1858-1917), who believed that for the knowledge of crime, not physical factors or material, but social, such as the product of the collective activity of people, public opinion, prejudice, faith, fashion. "Society is a special social organism, not reducible to the totality of people with their individual views, inclinations, aspirations, but having an independent reality, for example, crime, which exists in all eras, in all civilizations, and is a necessary element of any social order 6 See: Durheim E. Norm and pathology // Sociology of crime. M., 1996. S. 40.. The American sociologist R. Merton made some changes to the concept of anomie proposed by Durkheim, and believed that the cause of deviant behavior is the gap between cultural norms and goals of society, on the one hand, and the opportunities created, the means to achieve them, on the other hand, i.e. any kind of contradictions in society cause social disorganization, and with it crime 7 See: Merton R. Social structure and anomie // Sociology of crime. M., 1966. S. 300; Celine T. Conflict of norms of command // Sociology of crime. M., 1966. S. 285..

Another manifestation of the sociological direction of criminology is " sociocultural theory»crime, or «the theory of the conflict of cultures», set out in the works of the American criminologist T. Sellin. According to it, a person throughout his life belongs to various social groups, each of which is characterized by a certain subculture, i.e. views, ideas. code of conduct. This theory rightly points to the role of group norms in determining a person's behavior, but it reveals what causes the divergence of these norms, the conflict of group cultures.

Anthropological and sociological trends developed during the formation of criminology as a science, but at later stages one can always find a manifestation of one or another approach to the objects under study.

Current page: 8 (total book has 33 pages) [available reading excerpt: 22 pages]

§ 3. Positivism in philosophy, science, criminology

The birth of positivism is deservedly associated with the name O. Konta(1798–1857). Among the first theorists of positivism are also G. Spencer(1820–1903) and K. Marx(1818–1883).

Comte, being a social philosopher (the term "sociology" was first used by him in the "Course of Positive Philosophy", 1838), believed that the existing social sciences cannot be considered as such (sciences) as long as and insofar as they are metaphysical, are speculative in nature, are not based on methods natural sciences- measurement, observation, experiment, etc. Science should be based on facts, not dogmas, imagination should be subordinated to observation. “The theological and metaphysical state of any science is distinguished by one common feature: the dominance of imagination over observation ... To make ... science positive, you need to establish in it ... the predominance of observation over imagination.” 200
Kont O. The system of positive policy // Ancestors of positivism. Issue two. SPb., 1910. S. 108, 111.

Ideas positivism are reflected in three main areas of criminology: biological, or anthropological, psychological and sociological. The emergence of each of these three directions is usually associated (more or less justly), respectively, with the names of C. Lombroso, G. Tarda and A. Quetelet. And although positivism in its “pure form” has long been replaced by pluralistic concepts, and neo-Marxist criminology, and “radical criminology”, and postmodernist, however, from the moment these three directions appeared until today we can almost unmistakably attribute any criminological school, theory, concept to one or another of them.

Before proceeding to a more detailed description of each of these areas and the schools included in them, we present the above in the form of diagram 5.1.

Of course, the names of directions and schools and their time frames are rather arbitrary, and the above scheme, like the subsequent classification of criminological theories, serves mainly didactic purposes.

Biological (anthropological) direction of criminology

The indisputable ancestor of this direction is considered C. Lombroso(1835–1909) prison doctor in Turin. 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. 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. 201
Cit. on: Yakovlev A. M. Crime and social psychology: Socio-psychological patterns of illegal behavior. M., 1971. S. 20.

Scheme 5.1

The results of research and conclusions about a “born” criminal, who differs from other people in features of “degeneration” (“a criminal is an atavistic creature who reproduces in his personality the violent instincts of 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. 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: born, mentally ill, by passion (including political maniacs), random.

Over time, under the pressure of justified criticism, Lombroso began to pay attention to other - social, demographic, climatic factors. 202
Lombroso C. A crime. SPb., 1900.

However, he forever entered the history of criminology as the author of the theory of the inborn offender.

The results of Lombroso's anthropological studies did not stand up to scrutiny. Yes, during his lifetime Ch. Lit(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 etc.) with the same results. The myth of the "inborn offender" was dispelled, although sometimes there were relapses ...

Lombroso's students and his compatriots E. Ferry(1856–1929) and R. Garofalo(1852–1934), following the teacher, they recognized the role of biological, hereditary factors. At the same time, they paid attention to psychological (especially Garofalo) and social factors in the conditionality of crimes. They both denied the idea of ​​free will, searching for the causes of crimes.

Ferry singled out anthropological (bodily and spiritual nature of individuals), physical ( habitat) and social determinants crimes. Punishment should perform a purely preventive, defensive function. In "Criminal Sociology" (in the Russian edition - "Criminal Sociology" 203
Ferry E.

) Ferry wrote, substantiating the principles of positivism: “Earlier, the science of crimes and punishments was essentially only a presentation of theoretical conclusions, to which theorists arrived 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 develops into synthetic science which I myself called "Criminal Sociology". Ferry attached great importance to preventive measures (improving working conditions, living and leisure, lighting streets and entrances, educational conditions, etc.), he believed that the state should become an instrument for improving socio-economic conditions.

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 (primarily the American criminologist W. Sheldon), there is a connection between the type of body structure and the character of a person, and, consequently, his behavioral reactions, including criminal ones. According to their "constitutional disposition" theory, tall and thin people are ectomorphs("cerebrotonics", according to 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. low, full endomorphs("viscerotonics", or picnics) - sociable, calm, cheerful. The connection between the physical constitution, character traits and behavioral reactions does exist, but representatives of all types physical constitution and various types of character (since the time of I.P. Pavlov, choleric, sanguine, phlegmatic and melancholic people are well known, although modern classifications nature is much more complex and diverse) can differ in both 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 K. Jung(1923) two main types of personality - extroverts communication-oriented, prone to innovation (sometimes with elements of adventurism), and introverts - self-oriented, withdrawn, risk-averse, conservative. G. Eysenck(1963) for a more complete characterization of personality types, he supplemented extroverts (openness) - introverts (closedness) with characteristics of stability - instability (anxiety level). And he also tried to connect criminal behavior with personality traits.

The ideas of Lombrosianism with a racist accent tried to revive and E. Huten(1887–1954). For 12 years, he examined more than 13 thousand prisoners and more than 3 thousand people in the 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.

With the development of modern biology and genetics, more and more new theories are emerging within the framework of the biological direction. Let's name just a few of them. Detailed coverage of them can be found in the modern book by D. Fishbein. 204
Fishbein D. Biobehavioral Perspectives in Criminology. Wadsworth, Thomson Learning, 2001; see also: Criminology / Ed. J. Shelley. SPb., 2003, pp. 384–403.

Twins concept. In a number of studies (Loehlin, Nichols, 1976 and others) 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 crimes in men with extra Y chromosome (XYY instead of XY). Later T. Pouledge disproved 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), XYY prisoners are no more violent than other prisoners, but are relatively more likely to commit property crimes. 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 M. Wadsworth(1976) and A.Raine(1993). But, most likely, such a single factor as pulse rate is only one of the indicators of the general state of the nervous system, which in one way or another affects 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 elevated levels of testosterone (a male sex hormone) may increase aggressive behavior. Some researchers believe that female hormones play a similar role in female aggressive behavior.

However, firstly, the results various studies often contradictory. Secondly, a number of studies have shown that hormone levels are very sensitive to external conditions. Thirdly, and most importantly, there is no evidence specific the influence of all the above biological factors (extra Y-chromosome, pulse rate, serotonin or hormone levels, etc.) on criminal behavior. This does not exclude the possibility that other things being equal the genetic component can play a certain role in the greater or lesser probability of a particular behavioral reaction of a particular individual (it is enough, for example, to recall that the role of heredity in the genesis of alcoholism is great, and many crimes are committed in a state of alcoholic intoxication). 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 the genetic and psychological characteristics of personality traits. Finally, fourthly, all these arguments, as well as other ideas of supporters of the biological and psychological trends, are related to individual criminal behavior, crime, but do not explain crime as a social phenomenon.

Psychological direction in criminology

The formation of the psychological direction is associated with two names: R. Garofalo and G. Tarda. The first of these has already been discussed above. His work Criteria for a Dangerous Condition (1880) substantiates, in particular, the so-called clinical approach to the study of the personality of a criminal. The ideas of the "dangerous state" were later, in the second half of the 20th century, actively developed by J. Pinatele.

G. Tarde(1843–1904), in his books The Laws of Imitation and The Philosophy of Punishment (both published in 1890), explained criminal behavior by imitation and learning. Since the criminal act is based on psychological mechanisms, insofar as, from the point of view of Tarde, the court should decide only on the guilt / innocence of the accused, while the measures of influence on the guilty are determined by the medical commission.

Quite rightly, referring to the psychological factors of individual criminal behavior, Tarde overly absolutizes the role of imitation, seeing in the "law of imitation" almost the main law of the development of society and civilization.

The tendency to psychologize social phenomena did not prevent Tarde from taking sociological positions on a number of issues. So, he sociologically correctly notes relativity the very concept of crime: "The system of virtues, as well as the system of crime and vice, changes with the course of history." 205
Tard G. Comparative crime. M., 1907. S. 33.

The attitude of a scientist to crime as social phenomenon allowed him to draw a completely sociological conclusion: "If the tree of crime with all its roots and roots could ever be torn out of our society, it would leave a gaping abyss in it." 206
Tard G. Criminal and crime. M., 1906. S. 62.

Tarde was one of the first to draw attention to the fact that an increase in well-being, living standards, and education does not entail a reduction in crime. Rather, vice versa! "Growth labor activity and wealth makes it natural to increase crime and criminals! Where, then, is the moral force of labor, the moral virtue of wealth, about which so much has been said? Education has made great strides. Where is the beneficent, so famous effect of enlightenment on morals? .. The three great preventive cures for social illness: work, general contentment and education - acted intensively more than once, and the stream of crime, instead of drying up, suddenly overflowed its banks. 207
Tard G. Comparative crime. S. 95.

Tarde also saw the widest prevalence of crimes of "rich and honest people" (later such crimes would be called "white-collar" - white-collar crimes).

Finally, we note that the example of Garofalo and Tarde once again convinces us of the relativity of any scheme, any classification. Thus, Garofalo's views are equally related to the anthropological and psychological areas, and Tarde's works illustrate both psychological and sociological approaches to the problem of crime, crime and punishment. However, even Ferry substantiated the correctness and scientific compatibility of his anthropological and sociological views. 208
Ferry E. Criminal anthropology and socialism // Criminal law and socialism / Ed. M. N. Gernet. M., 1908. S. 204–215; He is. Criminal sociology. M., 1908.

The psychological field also includes freudianism. Myself 3. Freud(1856-1939) did not address criminological topics (except for the psychoanalytic analysis of the works of F. M. Dostoevsky; in this work, Freud formulated a statement that is not without interest for us: “Two features are essential for a criminal - boundless self-love and a strong destructive inclination; common to both traits and the prerequisite for their manifestations is lovelessness, lack of emotional and evaluative attitude towards a person. 209
Freud 3."I" and "It". Proceedings different years: In 2 books. Tbilisi, 1991. Book. 2. S. 408.

). However, his theory could not but affect psychological approaches to the problem of crime.

Recall that Freud singled out three components in the structure of personality: I (Ego), It (Id) and Super-I (Super-Ego). It is the deep layer unconscious desires. If there were no other components of personality, a person would always act at the behest of Id. I am a sphere conscious mediator between the unconscious, inner world human and external reality - natural and social. Superego - intrapersonal conscience, a kind of moral censorship, which is the attitude of society. The Super-Ego is the mediator between the unconscious and consciousness in their irreconcilable conflict, for consciousness itself is not capable of curbing the dictates of the unconscious. Another important position of Freud is the doctrine of libido - sexual desire, which, starting from early childhood, at an unconscious level determines most of the intentions and actions of a person.

It is easy to imagine what a vast field for criminological interpretation these provisions open up. This is the "victory" of the unconscious, manifested in a specific criminal act, and the "libido" splashed out in criminal violence, and the role of neurotic reactions in the mechanism of an individual criminal act, and the sublimation (switching) of libido into a criminal channel.

Of course, the teachings of Freud himself and his students and followers - K. Jung, which was discussed above, A. Adler(for Adler, libido was not so important as the "will to power" that determines the behavior of the individual), V. Reich(according to the Reich, life energy unused due to numerous social prohibitions breaks through in the form of aggression) was immeasurably more complex and deeper than the scheme described above. The psychoanalytic approach allows revealing the deep psychological features of various behavioral acts, including criminal ones. An interesting study of this topic was undertaken by the Ukrainian criminologist A.F. Zelinsky. 210
Zelinsky A. F. Conscious and unconscious in criminal behavior. Kharkov, 1986.

Neo-Freudianism, characterized by a greater "sociologization" of the processes under study, has taken another step in the direction of interest to criminology. So, C. Horney(1885-1952) explores in detail the problem of personality neuroticism, and in fact among those in places of deprivation of liberty there is a high proportion of people with neurotic disorders. Many of her ideas about the mechanisms of personality development, the role of childhood in the formation of personality are of undoubted interest for criminology (in particular, for studying the mechanism of individual criminal behavior). 211
Cm.: Horney K. The neurotic personality of our time. Introspection. M., 1993.

The works of another major representative of neo-Freudianism - E. Fromm (1900– 1980) are indirectly or directly devoted to criminological topics. Indirectly - when the problems of ethics, the meaning of life, "to have or to be" are discussed. 212
Fromm E. Psychoanalysis and ethics. M., 1993; He is. To have or to be? M., 1990.

Directly - when a scientist devotes one of his main works to the study of aggression and violence as a psychological, social, political phenomenon. 213
Fromm E. Anatomy of human destructiveness. M., 1994.

Summing up summary, one can note the indisputable interest of the psychological component of individual criminal behavior presented by the psychological direction of research and the futility of attempts to answer the question about the causes of crime as a social phenomenon.

Sociological direction in criminology

The description of numerous sociological schools and concepts in criminology is significantly hampered not only by their abundance, but also by the multitude of their classifications. Almost all well-known sociological criminologists are classified by researchers as different schools, trends, theories. It is easy to verify this by looking through both domestic and foreign textbooks criminology and monographs on theoretical criminology. 214
See also: Fox W. Introduction to criminology. M., 1980. S. 166–169.

The birth of the sociological trend of positivist criminology dates back to the day. July 9, 1831 statistician A. Quetelet, speaking at a meeting of the Belgian Royal Academy of Sciences in Brussels, he stated in his report: “We can calculate in advance how many individuals will stain their hands in the blood of their fellow citizens, how many people will become swindlers, how many will become poisoners, almost the same as we can calculate in advance how many a person will be born and how many people will die ... Here we have a bill that we pay with terrifying regularity - we pay with prisons, chains and gallows. 215
Cit. on: Yakovlev A. M. Crime and social psychology. S. 39; see also: Quetelet A. Man, the development of his abilities or the experience of social physics. Kyiv, 1965.

Statistical studies testify to the relative stability of crime and its individual types in the past and present. This stability can be used to "predict" (forecast) crime in the future. Relatively stable is not only the number of crimes, but also the tools used. "In everything that concerns crimes, the numbers are repeated with such constancy that it cannot be overlooked." 216
Quetelet A. Man, the development of his abilities ... S. 5.

He held similar views and A. Terry - author of the first works (1827, 1833) on criminal and moral statistics.

If for Lombroso “criminals are born”, then for Quetelet “criminals are not born, they become”. They become - under the influence of social conditions, social factors. According to Quetelet, “society contains the germ of all crimes to be committed, because it contains the conditions conducive to their development; it ... prepares the crime, and the criminal is only a tool. The factors influencing the commission of crimes, Quetelet refers demographic, social (profession, education), natural (climate, seasonality).

The main ideas of Quetelet, shared and developed to one degree or another by all representatives of the sociological trend, boil down to the following:

Crime is generated by society;

It develops according to certain laws under the influence of social and other objective factors;

It has statistical stability;

It is possible to influence crime (with the aim of reducing it) only by changing (improving) social conditions.

Based on sociological ideas about the nature of crime, A. Lacassagne, speaking in 1885 at the First International Congress of Anthropologists in Rome, he uttered the famous phrase: "Every society has the criminals it deserves." Later, reproducing it, G. Manheim adds: "Each society has a type of crime and criminals that correspond to its cultural, moral, social, religious and economic conditions." 217
Manheim H. Comparative Criminology. L., 1973. Vol. 2. P. 422.

Economic theories

Usually, economic theories in criminology are quite reasonably associated with names K. Marx(1818–1883) and F. Engels(1820–1895). According to Western criminologists, it was in their "Manifesto of the Communist Party" (1848) that the foundations of economic determinism were laid, and crime was a by-product of economic conditions.

The concept of Marxist criminology was quite fully developed in former USSR, and our compatriots have no shortage of literature on this issue. Here I would like to emphasize that the significance of Marxism for criminology goes, from our point of view, beyond the narrow "economic determinism". The concept of alienation developed by the early Marx, the significance of contradictions and conflicts as “engines of history”, the role of class differences and socio-economic status in determining human behavior, etc. have criminological significance and are actively used in modern Western (primarily “critical”) criminology.

Marx has several small-scale works devoted directly to criminological topics. One of them is “Population, crime and pauperism” (1859), in which the author draws a number of fundamental conclusions based on an analysis of some demographic, economic indicators and criminal statistics: “There must be something rotten at the very core of such a social system. which increases its wealth but does not reduce poverty, and in which crime grows even faster than the population... Breaking the law is usually the result of economic factors beyond the control of the legislator; however ... the qualification of some violations of the laws established by it as crimes or only as misdemeanors depends to some extent on the official society ... The law itself can not only punish crimes, but also invent them. 218
Marx K, Engels F. Op. T. 13. S. 515–516.

Talking about positivism in social sciences in general and criminology in particular, one should not forget about the very extensive empirical research position of the working class in England, done by Engels and containing a huge amount of factual material, including crime, drunkenness, prostitution as a consequence of the living conditions of English workers. 219
Engels F. The situation of the working class in England // Marx K., Engels F. Soch. T. 2. S. 231–517.

The Modern Sociological Dictionary (1986, Penguin Books) characterizes this work as follows: "The Condition of the Working Class in England" (1845), based mainly on data from direct observation carried out in Manchester and Salford, is a classic description of the life of the working class in this country during the period of industrialization. 220
Abercrombie N., Hill S., Turner B. Sociological Dictionary. Kazan, 1997. S. 368.

Obviously, it is no coincidence that even in our day the English criminologist J. Taylor and colleagues conducted, “in the footsteps of Engels”, a survey of the living conditions of the workers of Manchester and Sheffield. 221
Taylor I., Evans K., Fraser P. A Tale of Two Cities: A Study in Manchester and Sheffield. Routledge, 1996.

A follower of economic theory in criminology is V. Bonger. In Crime and Economic Conditions 222
Bonger W. Criminality and Economic Conditions. Boston: Little, Brown, 1916.

He justifies the role of capitalist economic system in the genesis of crime. Crime is concentrated in the lower strata of society, as the legislator criminalizes acts generated by poverty and destitution. Bonger cites statistics for a number of countries, proving the connection of such crimes as vagrancy and begging with unemployment. 223
See an excerpt translated into Russian from an early edition (1905) of the mentioned book: Bonger. Vagrancy and begging // Criminal law and socialism / Ed. M. Gernet. M., 1908. S. 57–78.

In many countries in late XIX- the beginning of the XX century. criminological studies of the dynamics of acquisitive crime and the price of bread (grain) as the main economic indicator for that time are being carried out. Stable correlations are observed: the higher the price of bread, the higher the crime rate. One of the first such studies was carried out G. von Mayer in Bavaria for 1836–1861 According to Mayer, a halfpenny increase in the price of rye caused a one-fifth increase in crime per 100,000 inhabitants. On the relationship between crime and the price of a sack of flour, as well as the number of bankruptcies (another economic indicator) in France 1840-1886. article testifies P. Lafarga.224
Lafargue P. Crime in France 1840–1886 // Criminal law and socialism / Ed. M. Gernet. M., 1908. S. 1–56.

From our point of view, a comparative analysis of crime rates and economic indicators (decile coefficient, Gini index, unemployment rate, etc.) is still relevant today, which will be discussed below.

Theory of anomie

Perhaps the first developed sociological theory of deviance, including crime, is the theory anomie - belongs to the famous French sociologist E. Durkheim(1858–1917). First of all, he affirms the "normality" of crime in the sense that it is inherent in all societies, develops according to its own laws, and performs certain social functions. “Crimes are committed ... in all societies of all types ... There is no other phenomenon that would have so undeniably all the signs of a normal phenomenon, because crime is closely related to the living conditions of any collective ... Crime is a normal phenomenon because a society without crime is completely impossible. 225
Durkheim E. Norm and pathology // Sociology of crime. M., 1966. S. 39–40.

Moreover, “crime is necessary; it is firmly connected with the basic conditions of any social life, and it is precisely because of this that it is useful, since the conditions of which it is a part are themselves inseparable from the normal evolution of morality and law ... For progress to be possible, the individual must be able to express himself. In order to be able to express the individuality of an idealist whose dreams are ahead of time, it is necessary that there is also the possibility of expressing the individuality of a criminal who is below the level of his contemporary society. One is unthinkable without the other... Crime not only implies the existence of paths open for necessary changes, but in some cases directly prepares these changes... Indeed, how often crime is only a premonition of the morality of the future, a step towards what lies ahead! 226
There. pp. 42–43.

But crime is normal, provided that it "does not exceed the level characteristic of a certain type of society." 227
There. S. 40.

And here we come to the essence of the theory of anomie. According to Durkheim, in a stable society, the level of deviant manifestations (drunkenness, drug addiction, suicide, etc.), including crime, is also stable. In societies that are rapidly changing, in conditions social disorganization, there is a state anomie, when old social norms no longer work, and new ones have not yet been mastered, when there is a “conflict of norms” - legal and moral, public law and private law, etc., when some socially significant areas of life remain unsettled (“normative vacuum”). In such a society, manifestations of deviance sharply increase, exceeding the “normal” for this society level. Durkheim substantiates his concept theoretically and empirically in the most detailed way on the example of suicides. 228
Durkheim E. Suicide: A sociological study. M., 1994.

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1. Sociological trends in criminology in the USA and Western Europe

In modern Russian criminological science, there are various approaches to the periodization of the development of criminology and to the systematization of its main directions. The most common is the allocation of three main areas in criminology:

Classical school (C. Beccaria, I. Bentham);

Biological (anthropological) direction (C. Lombroso and others);

Sociological direction (F. Liszt, E. Ferry, G. Tarde, E. Durkheim and others).

These directions fully correspond to the three main schools that existed in the process of development of criminal law thought. The biological and sociological directions, as a rule, are combined into the school of positivism (XIX century), adding to them psychological direction, and the whole variety of criminological theories that existed in the XX-beginning of the XXI century is called the modern direction.

The sociological trend arose in the late 19th and early 20th centuries. almost simultaneously with the biological direction, the founder of which is Quetelet with his theory of factors.

This theory is based on a generalization of the results statistical analysis crime, social characteristics identity of the offender, other signs of crimes. Its main postulate, formulated by Quetelet, is that crime, as a product of society, is subject to certain statistically fixed patterns, and its change depends on the action of various factors:

Social (unemployment, price level, housing, wars, economic crises, alcohol consumption, etc.);

Individual (sex, age, race, psychophysical anomalies);

Physical (geographical environment, climate, season, etc.).

Quetelet's followers expanded the number of factors influencing crime to 200, including urbanization, industrialization, mass frustration, ethno-psychological incompatibility, and much more.

The theory of multiple factors has expanded and deepened the idea of ​​the causal complex of crime and thereby enriched criminology. Its disadvantage is the lack of clear ideas about the degree of significance of certain factors, the criteria for their attribution to the causes or conditions of crime.

The founder of the theory of social disorganization, the French scientist Durkheim, considered crime not only as a natural socially conditioned, but even in a certain sense, a normal and useful phenomenon in society. Within the framework of this theory, the concept of anomie has been developed - non-normativeness, i.e. the state of disorganization of the personality, its conflict with the norms of behavior, which leads to the commission of crimes.

A well-known development of these concepts is the theory of the conflict of cultures, proceeding from the fact that criminal behavior is a consequence of conflicts determined by the difference in worldview, habits, stereotypes of behavior of individuals and social groups.

The theory of stigmatization, founded by Tannenbaum, suggests that a person often becomes a criminal not because he breaks the law, but because of the process of stigmatization - the assignment of this status by the authorities, his kind of moral and legal "branding". As a result, a person is cut off from society, turns into an outcast, for whom criminal behavior becomes habitual.

American scientist Sutherland at the beginning of the 20th century. developed the theory of differential association, which is based on the position that crime is the result of teaching a person to illegal behavior in social microgroups (in the family, on the street, in trade unions, etc.).

Victimological theories are distinguished by a broad sociological approach, in which criminological issues are supplemented by the doctrine of crime victims, whose behavior can stimulate, provoke the criminal activity of criminals, and facilitate the achievement of criminal results. These ideas form the basis for the development and use in practice of the so-called victimological prevention of crimes.

The sociological direction also includes the theory of the scientific and technological revolution as a complex cause of crime; the theory of criminal-statistical regulation of the level of crime; economic theory of crime growth; possibility theory; demographic theory; the theory of deprivation, etc.

American criminologist - Professor W. Fox in his classification of criminological schools distinguishes:

Classical (assessment of the severity of the crime from a legal position);

Positivist (crime is caused by many factors; the legal approach is completely rejected);

American ( sociological theories causes of crime) and

The school of social protection (crime is caused by various social factors, and within the framework of the current legislation, all these factors should be taken into account; this school supplements positivist views with a legal approach).

The American school of criminology, which adheres to the sociological causes of crime and is closely associated with the positivist school, was strongly influenced by such thinkers of the 19th century as, in particular, the Belgian mathematician A.J. Quetelet (1796-1874). Quetelet is considered the founder of social statistics and the first sociological criminologist. Based on his analysis of crime and morale in France in 1836, Quetelet concluded that factors such as climate, age, sex, and season contribute to crime. In his opinion, society itself is preparing a crime, and the person guilty of committing it is only a tool with which it is committed.

The formation of the American criminological school was also greatly influenced by:

I. Rey (a psychiatrist who worked at the end of the 19th century in the field of diagnosing disorders and treating mentally ill criminals);

English journalist and sociologist Henry Mayhew (1812-1887), who distinguished between professional criminals and occasional offenders;

John Haviland (1792-1852), architect, designer of a radial (star-shaped) prison, who made proposals for the reorganization of prisons;

Hans Gross (1847-1915), who developed the scientific basis for the investigation of crimes (in Austria), published in 1883 the work "Guide for Investigators", which became table book criminologists around the world and actually turned criminology into an applied science.

There were also directions in the American school for the study of the physical characteristics of people (in parallel with the work of Lombroso), but such factors as degenerativeness and body structure were especially emphasized. They also considered the issues of degeneration of families.

The emergence of the American school, which emphasizes a clearly sociological approach to criminology, is dated by scientists around 1914. As early as 1908, Maurice Paramelet pointed out that sociologists did more than anyone else to develop criminology in the United States, with the result that criminology became (and still is) a subset of sociology in American universities.

The school of social protection, according to some scientists (for example, Hermann Mannheim), is the third after the classical and positivist direction in criminology, and, according to others, a further development of positivist theory. Theoretically, the foundations of the doctrine of "social protection" developed gradually. Enrico Ferri, a representative of the positivist school, first used this term. It received its first serious recognition in 1943, when Phillipo Gramática founded the Center for the Study of Social Security in Venice.

This theory focuses on:

1) the identity of the offender;

2) criminal law and

3) changing the environment in order to improve it, and therefore, to prevent crime.

The American criminologist Mark Ansel considers this theory a kind of rebellion against the positivist approach to criminology, just as positivism was a rebellion against the classical school. The doctrine of social protection opposes the principles of revenge and retribution, believing that the crime affects both the individual and society, and that therefore the problems associated with the crime are not limited to the condemnation and punishment of the offender. The main positions of this school can be represented as follows:

1. The doctrine of social protection proceeds from the position that the means of combating crime should be considered as a means of protecting society, and not punishing the individual.

2. The method of social protection includes the neutralization of the offender by either removing him and isolating him from society, or applying corrective and educational measures to him.

3. Criminal policy based on social protection should focus more on individual than general crime prevention, that is, should be aimed at the resocialization of the offender.

4. This direction makes it necessary to increasingly "humanize" the new criminal law, which involves restoring the offender's sense of self-confidence and sense of responsibility along with the development of correct value orientations.

5. The process of humanization of the criminal justice system also implies a scientific understanding of the phenomenon of crime and the personality of the offender.

The basis of the doctrine of social protection is the exclusion of punishment as such. The cause of the defense of society can be more successfully served by the re-education and socialization of the offender than by punishment and retribution. The offender is a biological and social being who learns behavior and in the process social adaptation may face various emotional problems. His personality must be subjected scientific study, and he should be assisted in social adaptation. This theory does not use legal fictions such as guilt or intent.

The direction of social protection differs from the positivist school in that it reintroduces law into criminological thought. However, this does not mean that it is returning to the theories of the classical school, since the law in the theory of social protection includes provisions that are focused on taking into account the personality of the offender, and not on the seriousness of the crime committed by him. It is interesting to note that the greatest contribution to the development of the theory of social protection was made by European scientists, while many of the principles proclaimed by this theory found practical implementation mainly on the American continent.

Raffaello Garofalo, a student of Lombroso, tried to formulate sociological concept crime, as acts that no civilized society can regard differently and which are punishable by criminal punishment. Garofalo considered these acts as "natural crimes" and referred to them as offenses that contradicted the two main altruistic feelings of people - honesty and compassion. Crime, he believed, is an immoral act that is detrimental to society. Garofalo formulated the rules for adapting and eliminating those who cannot adapt to the conditions of social and natural selection. He suggested:

1. To take the life of those whose criminal acts stem from irreparable mental anomalies that make them incapable of life in society;

2. Partially eliminate or subject to long-term imprisonment those who are only capable of the lifestyle of nomads and primitive tribes;

3. Forcibly correct those who have insufficiently developed altruistic feelings, but who committed crimes under extreme circumstances and are unlikely to ever repeat them again.

The theory of clinical criminology (a dangerous state of the individual) has become quite widespread, explaining crime by the inherent inclination to crimes inherent in individual individuals. Such inclinations, according to the French scientist Pinatele, are determined using special tests, as well as an analysis of the profession, lifestyle, and 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.

All of the above sociological concepts concerning the causes of crime can hardly be assessed unambiguously - positively or negatively. However, compared to anthropological schools much deeper approach to the problem of the causes of crime. Research carried out within the framework of the sociological school covers a wide range of social relations and provides recommendations that are very useful for practical use in the fight against crime.

At the same time, it is hardly correct to completely ignore the biological, or rather biosocial, concepts of crime. Many of them give interesting material for modern criminologists who consider a person as a unity of the 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 the biological structure, which acts only as a certain prerequisite (conditions) for subsequent behavior.

In general, the merits of representatives of the sociological direction of criminological theories are indisputable. Their works were a major step forward in the knowledge of crime, its features, determinants and measures used to combat it.

Task #1

Fill in the table, describe the trends of organized crime

	Number of registered persons, owls. prest. in org. groups.	Number of registered persons, Sov.	Absolute increase over the previous year	Absolute growth by 1996	Growth rate to the previous year	Growth rate by 1996	Growth rate compared to the previous year	Growth rate by 1996

Task #2

criminology organized crime totalitarian

Read the judgment below and give your opinion on whether effective methods the fight against organized crime, used in the 20-50s in states with a totalitarian political regime (Germany, Italy, the USSR and others): “... with the outward manifestations of the mafia, Mussolini spent more effective fight than any liberal government.

This was done in part by enlisting some of the criminal elements in Sicily, but more importantly was the abandonment of the electoral system and the jury, as the mafia thrived mainly on speculation in the electoral system and threats to witnesses and members of the jury. Two thousand people were gradually thrown into prison - many only on suspicion - and at once the most pernicious violations of the law ceased on the part of the mafia. This proved that a government ready to neglect constitutional guarantees could, if not eliminate, then at least alleviate the calamity that, more than anything else, kept Sicily in a state of poverty and backwardness ”(Denis Meck Smith. Mussolini. - M ., 1995. - S. 112.).

I think the methods of combating organized crime, used in the 20-50s in states with a totalitarian political regime, were very effective. However, in modern society, violation of constitutional guarantees and neglect of them can be accepted by citizens as a violation of human rights and freedoms and cause mass discontent among the population.

Therefore, new strategic objectives the fight against organized crime, in addition to the elimination of the main organized criminal groups and compensation for damage from their activities, are the elimination of the causes and conditions conducive to the formation of a criminal society, the difficulty of involving new persons in criminal activities and the spread of the sphere of influence of crime

In the fight against existing organized criminal groups, law enforcement agencies seek, first of all, to disunite them. In addition to responding to committed crimes and identifying their direct perpetrators, the main task is to identify the leaders of criminal groups and bring them to justice; for this, the assistance of less dangerous members of criminal gangs can be used, for whom, in exchange for cooperation with law enforcement agencies, the terms of punishment are significantly reduced (up to a complete waiver of prosecution).

Important components of measures to combat organized crime are financial control and anti-corruption measures aimed at clearing law enforcement and other state structures from persons assisting organized criminal formations.

Which of the above measures will be more effective depends on the model on which the activities of organized crime are built in specific social conditions. There are three types of such models:

§ The traditional model of a large-scale criminal conspiracy controlled by a small group of leaders. In this case, the most effective measures will be those aimed at neutralizing the leaders by their arrest or otherwise, which will lead to the collapse of the collusion.

§ Model of local organized ethnic groups. In this case, since there is no centralized organization, the neutralization of the leaders will not give the desired result, since new ones will come in their place. In this case, the main areas of struggle may be measures of financial, social and other control, as well as other measures aimed at withdrawing financial flows from the shadow sector of the economy.

§ An enterprise model, according to which organized crime is characterized by an informal decentralized structure and occurs in certain socio-economic conditions, when legal mechanisms for meeting the needs of the population are ineffective.

Listusedliterature

1. Criminology: Textbook / Ed. V.N. Kudryavtseva and V.E. Eminova. - 3rd ed., revised. and additional - M.: Jurist, 2005. - 734 p.

2. Criminology: Textbook / Ed. ed. A.I. Debt. M., 2007.

3. Criminology: Textbook / Ed. V.N. Burlakova and V.P. Salnikov. SPb., 2006.

4. ATP "ConsultantPlus".

5. www.ice-nut.ru

6. http://orgcrime.narod.ru

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Anthropological direction in criminology - the doctrine of the criminal as a special human type(deviation from the norm) and crime as a consequence of degeneration. This doctrine is based on the principles of anthropology (the science of human evolution and normal variants of its physical structure).

In the public mind, criminal anthropology is quite strongly associated with the name of Cesare Lombroso (1836-1909). The fame of this scientist is well deserved - his scientific findings based on the study of 383 skulls of the dead, 3,839 skulls of living people; in total, he examined and interviewed 26,886 criminals, who were compared with 25,447 students, soldiers and other respectable citizens. Moreover, Lombroso studied not only contemporaries, but also examined the skulls of medieval criminals, opening their burials. Based on his research, Lombroso formulated the theory of the criminal man.

In born criminals, Lombroso notes anomalies of the skull - it resembles the skulls of the lower prehistoric human races. In his opinion, the brain of a born criminal in its convolutions also differs from the brain normal person and approaches the structure of the brain in a human embryo or in an animal. They are characterized by atavistic signs: excessive hairiness of the head and body or early baldness, uneven arrangement of teeth (sometimes in two rows), excessive development of the middle incisors, strabismus, facial asymmetry. The offenders have a generally straight nose with a horizontal base, of moderate length, not too prominent, often somewhat deviated to the side and fairly broad. Criminals with red hair are very rare, mostly brunettes or brown-haired. In criminals, wrinkles appear earlier and more often by 2-5 times than in normal people, with a predominance of the zygomatic wrinkle (located in the middle of the cheek), which the scientist calls the wrinkle of vice. Their arms are excessively long - the length of the outstretched arms of most born criminals exceeds the height.

Lombroso noted that, like savages, born criminals love to tattoo their bodies. They are also related to savages by their reduced sensitivity, disregard for pain and own health(in 15% they have practically no pain sensitivity). Dullness of pain sensitivity (analgesia) represents the most significant anomaly of the congenital culprit. Persons with insensitivity to injury consider themselves privileged and despise the tender and sensitive. These rude people take pleasure in constantly tormenting others, whom they consider to be inferior beings. Hence their indifference to foreign and own life, increased cruelty, excessive violence. Their moral sense is blunted (Lombroso even develops a new scientific concept - moral insanity). At the same time, they are characterized by extreme excitability, irascibility and irritability.

The researcher did not limit himself to identifying common features criminal person. He carried out a typology - each type of criminal corresponds only to his characteristic features.

In the type of killers, the anatomical features of the criminal are clearly visible and, in particular, a very sharp frontal sinus, very voluminous cheekbones, huge eye orbits, and a protruding quadrangular chin. These most dangerous criminals are dominated by the curvature of the head, the width of the head is greater than its height, the face is narrow (the posterior semicircle of the head is more developed than the anterior), most often their hair is black, curly, the beard is rare, there is often a goiter and short hands. To characteristic features killers also include a cold and motionless (glassy) look, bloodshot eyes, a bent down (aquiline) nose, excessively large or, conversely, too small earlobes, thin lips, and sharply prominent fangs.

Thieves have elongated heads, black hair and a sparse beard, mental development higher than other criminals, with the exception of scammers. Ravens predominantly have a straight nose, often concave, upturned at the base, short, wide, flattened and in many cases deviated to the side. The eyes and hands are mobile (the thief avoids meeting the interlocutor with a direct look - shifty eyes).

Lombroso was able to identify the features of the handwriting of various types of criminals. The handwriting of murderers, robbers and robbers is distinguished by elongated letters, curvilinear and definite features in the endings of letters. The handwriting of thieves is characterized by extended letters, without sharp outlines and curvilinear endings Criminology: a textbook for universities / under general ed. d. y. n., prof. A.I. Debt. - 3rd ed., revised. and additional - M. : Norma, 2005. - S. 235 ..

The views of Lombroso, set forth in the first edition of The Criminal Man, were distinguished by a certain one-sidedness. Under the influence of his young compatriot, Enrico Ferri, Lombroso changed and refined his views in many ways. The changes in Lombroso's primary views under the influence of criticism and recommendations of E. Ferri and other scientists were so significant that the fifth edition of The Criminal Man, which was published in Turin in 1897 in three volumes (only the last volume was translated into Russian as a separate work under titled "Crime"), can hardly be considered a work of a purely anthropological direction. Changes in the views of Lombroso have been very significant. Firstly, he abandoned the concept of a criminal type of person and accepted the term “born criminal” proposed by E. Ferry and stopped considering all criminals as born criminals. Ferri proposed the division of criminals into five groups (the mentally ill, natural, habitual, accidental and passion criminals), and Lombroso accepted this classification, according to which natural-born criminals make up only 40% of all lawbreakers.

Secondly, Lombroso, largely under the influence of Ferry, admitted very essential role social factors as the causes of crimes. The third volume of the latest editions of The Criminal Man is devoted to the analysis of non-anthropological factors, among which are meteorological and climatic, geographical, level of civilization, population density, emigration, birth rate, food, crop failures, bread prices, alcoholism, the impact of education, economic development, homelessness and orphanhood, lack of education, etc.

Thirdly, he had to admit that a born criminal need not commit a crime. With favorable external social factors a person's criminal inclinations may not be realized throughout his life.

The scientific conclusions and practical recommendations of Lombroso were constantly subjected to serious criticism from his opponents. The most weighty arguments against Lombroso's theory were presented by sociologists. In 1897, the French scientist K. Rakovsky published the book "On the Question of Crime and Degeneration." In it, he published his own research and data from a comparative analysis of criminals and non-criminals conducted by other opponents of Lombroso. He concluded, which, in his opinion, should have finally overthrown criminal anthropology: "The type of born criminal is not justified, since the same signs can be found in a normal individual." Similar conclusions were made by the English prison doctor Charles Goring. Criminology: a textbook / S. M. Inshakov. - M.: Jurisprudence, 2000. - S. 241 ..

The beginning of the 20th century was marked by the rapid development of physiology in general and endocrinology in particular. Scientists have found that the appearance and self-awareness of a person largely depend on the work of the endocrine glands (pituitary, thyroid, parathyroid, goiter, gonads), respectively, his behavioral reactions are to a certain extent associated with chemical processes occurring within the body. These patterns turned out to be very attractive to criminologists who worked in line with Lombrosianism and sought to find connecting links between appearance and behavior.

In 1924, the American researcher Max Schlapp published a short article in which he published the results of studying the endocrine system of criminals. According to him, almost one third of all prisoners suffer from emotional instability associated with diseases of the endocrine glands. A few years later, in New York, Schlapp, in collaboration with Edward Smith, published the book The New Criminology. The authors assigned one of the main roles in the mechanism of criminal behavior to various endocrine disorders (the external signs of which are, along with other features of the physique).

These studies stimulated the search for physical signs of a dangerous condition, which led criminologists to hypothesize that body structure, a type of bodily constitution, is associated with a predisposition to criminal behavior. The most extensive research in this area was carried out by Prof. Harvard University Ernest Hutton, who spent more than fifteen years doing an extensive anthropological study of criminals. Hutton tried not to give the slightest reason to reproach his research team for methodological shortcomings that could cast doubt on the validity of the conclusions. His research was distinguished by thoroughness, representativeness and reliability. For greater persuasiveness, the professor used electronic computers in the processing of statistical data - in the 30s and 40s the mention of this was of considerable importance. He measured the height, weight, chest volume, skull size and the size of individual organs in more than 13 thousand prisoners. He compared these data with the results of a survey of 3,208 law-abiding citizens.

Hutton published the first results of his research in 1939 in the book The American Criminal, which he conceived as a multi-volume publication. Death prevented him from realizing his plans, only the first volume was published. In this edition, he noted: “Criminals are inferior to non-criminals in almost all dimensions of the body. These differences reach statistical and general criminological significance in body weight, chest width and volume, skull size indicators, nose, ear, head, and face length. “As growth increases, the tendency to kill increases somewhat, but the tendency to rob and steal is even more clearly reduced.” "Aggravated murderers differ from other criminals in that they are taller, heavier in weight, broader in the chest, with a large jaw, narrower in the shoulders relative to their height and with a relatively shorter torso."

In 1955, Edward Podolsky in the US Criminological Journal published an article "The Chemical Basis of Criminal Behavior". In it, he tried to analyze the endocrine and chemical basis linking body structure and human behavior. In his opinion, the level of development of physiology does not yet allow testing many hypotheses about the nature of criminal behavior, but the most promising ways to influence crime should be sought in this direction: “Biochemical analysis of the personality of a criminal and criminal behavior is still in the childhood period of its development. It seems that in the not too distant future it is destined to become a very important method in the interpretation and treatment of crime” Criminology: a textbook for universities / G. A. Avanesov [and others]; ed. G. A. Avanesova. - 5th ed., revised. and additional - M. : UNITI, 2010. - S. 126 ..