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Q: criminality ( Answered,   0 Comments )
Question  
Subject: criminality
Category: Miscellaneous
Asked by: pedroayandokun-ga
List Price: $2.00
Posted: 17 Nov 2003 12:02 PST
Expires: 17 Dec 2003 12:02 PST
Question ID: 276800
what are the distinguishing factors between criminological positivism and classicism
Answer  
Subject: Re: criminality
Answered By: politicalguru-ga on 16 Dec 2003 09:11 PST
 
Dear Pedro Ayandokun, 

Both approaches - the positivist and the classical approach in
criminology - attempt to explain the phenomenon of criminality in our
society. However, they differ in their explanations of the reasons for
criminality, and on its characteristics.

The classicists belive that: 
"All people are guided by free will 

All behavior is guided by hedonism (pleasure/pain calculation) 

All crime is the result of free will and hedonism 

All punishment should fit the offense (equal treatment under law) 

Bad people are nothing more that the result of bad laws " 
(Source: O'Connor, T.R. "CLASSICAL AND POSITIVIST SCHOOLS OF
CRIMINOLOGY", From: LECTURE NOTES FOR JUS 301 CRIMINOLOGY, Justice
Studies Department
North Carolina Wesleyan College
<http://faculty.ncwc.edu/toconnor/301/301lect02.htm>).

On the other hand, the postivists believe that crime is a sympthom of
societal problems, and not of a "soft hand" or "bad laws":
"The demand for facts, for scientific proof (determinism) 

There are body and mind differences between people (of these, the mens
rea, or reasons for committing crime are important)

Punishment should fit the individual criminal, not the crime
(indeterminate sentencing, disparate sentencing, parole)

The criminal justice system should be guided by scientific experts
(rule by scientific elite, technocracy)

Criminals can be treated, rehabilitated, or corrected (if not, then
they are incurable and should be put to death)".
(Source: IBID.). 

Further Sources
===============
Akers, R. (2000) Criminological Theories: Introduction, Evaluation,
and Application. Los Angeles: Roxbury.

Cullen, F. & R. Agnew (2003) Criminological Theory: Past to Present.
Los Angeles: Roxbury.

Martin, R., R. Mutchnick & W.T. Austin (1990) Criminological Theory:
Pioneers Past and Present. NY: Macmillan.

Pelfrey, W. (1980) The Evolution of Criminology. Cincinnati: Anderson.

Williams, F. & M. McShane (1998) Criminological Theory. NJ: Prentice Hall.

[The above are bibliographical references of O'Connor, T.R. "CLASSICAL
AND POSITIVIST SCHOOLS OF CRIMINOLOGY", From: LECTURE NOTES FOR JUS
301 CRIMINOLOGY, Justice Studies Department North Carolina Wesleyan
College <http://faculty.ncwc.edu/toconnor/301/301lect02.htm>; the
following are his links:].

Cecil Greek's Notes on the Classical School
http://www.criminology.fsu.edu/crimtheory/week3.htm

Cecil Greek's Notes on the Positivist School
http://www.criminology.fsu.edu/crimtheory/week4.htm

Classical and Positive Schools at CrimeTheory.com
http://www.crimetheory.com/explorations.htm 

I hope this answered your question. Please contact me if you need any
clarifications on this answer before you tip/rate it.
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