Positive School
The Positive School ideology emphasized a shift from the crime itself to focus on the criminal thus its mandate was to encourage the justice system to study people (189). Unlike Cesare Beccaria whose focus was on the legal and administrative improvement of the criminal system, Cesare Lombroso, instead sought to explain crime through scientific observation of incarcerated offenders. Lombroso advocated that criminal behaviour was a natural occurrence determined by hereditary - natural selection.
Lombroso observed both non-prisoners and prisoners by their physical abnormalities, such as physical measurements and examinations, and concluded that most of the prisoners show the same physical anomalies, which supported his claim that they were of the same criminal type. These physical “stigmata”, as he called them, indicated that the criminals were “atavistic” - a kind of genetic throwbacks to an earlier form of animal life (187). “Criminals were born not made. They were atavisms who were less evolved than the law-abiding.” (Linden and Caputto, 2000: 195) and were the lowest form of organism on the “evolutionary ladder” (187).
Lombroso thought that criminals were the sorts who were driven to act like savages, but refrain from doing so because their behaviour was against the norms in society. He insisted that everyone has the propensity to demonstrate criminal behaviour, but born criminals were easily identifiable by their body features, such as deviation in the head size and shape, eye similarities and defects, receding chin, and various other so-call body-type combinations, which was broken down in two distinctive categories: (1) born criminals, and (2) occasional criminals. He later added several more categories to further described other types of criminals:
♦Epileptics ♦Criminal insane ♦Criminals of passion ♦Criminaloids
People committed crimes for different reasons and Lombroso felt that if society designed suitable programs, such as rehabilitation and mentoring programs, then people would be less inclined to commit offenses, thus eliminating crime altogether in the society.
Weakness and Limitations
Several problems existed with both schools. Both did not observed women offenders and only a small segment of the society fitted into their observations. As well, the data did not indicate whether both men did a random sample of their population. This poses major problem for it would not have been a true representation of the prison population. In addition, they only observed “white” men and nowhere in the data did “Black or Asian” came up, which only proves that at the time of their observation, they sought only to include a specific “type” in their data analysis.
The Classical School’s ideology was to use the principle of proportion to fit the degree of crime and advocated that all human beings were free and “rational thinkers who carefully calculated the consequences of their behaviour” (Linden and Caputo, 2000:184). But, what proportion of all the individuals involved in a major crime falls into such a category? Many sociologists would argue that it ignored the fact that some people are incapable of making free and rational choices on the basis of the gross inequality they experience, their state of mind, and the huge amount of problems that may have influenced their decision-making capabilities (183).
In this system, young offenders who committed serious crimes would be judged and punished (let us lock them up and throw away the key attitude!) as an adult even though, research indicated otherwise, that children minds are not fully formed as that of an adult, thus rendering them incapable of making sound informed decisions of what is right or wrong. Although, a 14 year-old offender’s might be physically developed and might understand that he or she had killed someone, the individual lacked the mental and emotional capacity to know the wrongfulness of his or her actions.
As well, this system would render that if an adult committed a crime the offenders’ personal characteristics and demographics, family dynamics and circumstances would not be taken into consideration in sentence hearings; in addition, the State would have more power in passing stricter laws, and probably would signal out certain people (the lower class) to impose stricter punishment on. (In the neo-classical criminal system prisoners are released earlier with good behaviour, but in the classical system that is not the case). The courts were not interested in the mens rea of the criminal, and this resulted in strict punishment for deviant behaviour. “Although punishments could be rationally determined on paper, their application in real life often resulted in gross injustices” (183).
As impressive as the Positive School’s research was it did not hold up to empirical testing, which rendered it not as useful for several reasons. First, Charles Goring found hardly any “evidence of statistically significant patterns of physical differences” (Edwin Schur, 1969) when he made comparison of Lombroso’s theory by testing several hundred English prisoners. Schur stated that although some criminals were shorter than some, were heavier than some, and had different body types Goring and his associates found that there was no “such thing as a physical criminal type” (57).
Secondly, Lombroso’s research on criminal behaviour being biological has many shortcomings. Researchers such as Ernest Hooton supported Lombroso’s claim in his book titled “Crime and The Ma.” that criminals were on the lower end of the evolutionary ladder. After examining and measuring several hundred prisoners, Hooton, asserted that crime was as a result of “low-grade human organism” (Linden and Caputo, 2000: 191). He believed that by getting rid of, or segregating, the physically, mentally and morally “unfit” people crime in the society could be eliminated.
Thirdly, because crime is a socially constructed term, as well as prosecution, conviction and arrest (Linden and Caputto, 2000: 201) the likelihood that criminal behaviour is biological needs more extensive research and is very uncommon. “…Biological states and factors that are directly related to criminal behaviour are very rare” (204). However, research has indicated that children who offend in the childhood are more likely to do so in adulthood (205). As well, a 15 year-old offender, who has many run-ins with law officials from a child, has had several accounts of recidivism knows that he or she will just get a “slap on the wrist” by going to a juvenile home. This behaviour might be psychological, or manipulative or is associated with biological factors. Many cross-sectional investigations suggested that children, especially boys, before they even begin offending usually act differently from “their peers on a number of biological and behavioural measures” (205). Incidentally, in some instances, these young offenders later on become adult criminals.
Finally, research has indicated that there is no direct correlation between biological factors and criminal behaviour. Linden and Caputo pointed out that, if, biological factors do exist they might include birth defects, brain damage, certain kinds of epilepsy; and that children with short attention span, impulsiveness, and aggression usually grow up to become antisocial adults (227).
Analysis of Crime
On May 24, 2003 A&E televised Investigative Report: The Parole Board, which was narrated by Bill Curtis. The program examined the methods used to parole prisoners. A four-member parole panel interviewed seven prisoners who were up for parole. The panel asked the prisoners behavioural and psychological questions, which contributed to their release, or not. Of the seven prisoners only two got paroled because the four-member panel felt that these two men had contributed to their rehabilitation, by showing that they were responding to their treatment in prison; by engaging in social activities, such as education, volunteering and mentoring programs; and would not be a threat to society. Lombroso theories suggested that emphasis should be placed on the criminal thus the prisoners’ self-help rehabilitative process, demographics information, and circumstances, such as responsibility for the crime and victim, plus other factors were taken into consideration before the parole panel could make any informed decisions.
In Canada, the same parole processes are applicable. As well, it citizens are protected by the Charter of Rights of Freedoms and the Criminal Code of Canada. Constable C. Bagher at the Halifax Metropolitan Police Station stated that when adults, who are first-time offenders, are caught shoplifting (most shoplifting is committed by females) they are usually sent to an adult immersion program that is facilitated by the Ministry of the Attorney General on Spring Garden Road. Mr. Vernon Chisholm, the parole officer in charge of the immersion program said that an offender usually would only visit him if he or she were recommended by metro police, or was a first time offender.
He further pointed out that at such time he would seek information about the person’s family dynamics, circumstances and reasons why the crime was committed; and in assessing some offenders further assistance would be offered though other government agencies.
If an individual disclosed that he or she has psychological or mental problems, or was abused then he would refer the individual to the Mental Health Clinic for a clinical assessment. A follow-up report would be sent to him, after which both him and the offender would then come up with some kind of solution for rehabilitation, which could be in the form of paying a fine, donating monies to a charitable organization, performing some community work, or recommendation for regular visits to the Mental Health Clinic.
According to Const. Bagher only when individual has shown patterns of recidivism, the tendency by the courts would be to hand down jail time, which sometimes help to moderate his or her behaviour. If the person was to be caught again, then the offender would be punished, which usually, in most cases, meant a criminal record. However, the Nova Scotia courts usually have a difficult time, according to Const. Bagher, in some cases to give a criminal record for shoplifting. As well, having a good defense lawyer would help. Often times the lawyer would see that the shoplifting charges are dropped on the basis of (the McNaughten Rule), “he didn’t know what he was doing” technicality. According to Robert McCleave, a criminal defense lawyer,
I have helped some individuals who have shoplifted more than 10 times – it’s become a career for them. At one time a regular shoplifting middleclass client of mine was caught two weeks after she was caught shoplifting. In such a case, and because it was her umpteenth offense, she eventually got a criminal record. Also, it should be known that the middle class have the propensity to shoplift just as, or maybe more, than the lower class and it should be known that money will not save you when you’ve become a popular face with metro police.
In some cases when witnesses such as shop owners, workers and some police officers do not show up on court dates, the cases are thrown out, and all charges dropped allowing the offender to go free. As well, many retailers such as the Gap, Sears or the Bay often time would not follow-up because of the huge legal cost to them.
In concluding, the Positive School provided a better analysis of crimes than that of the Classical School. Nova Scotia’s criminal system is influenced by some of the concepts of the Positive School, and while the justice system might not be the most perfect, it still facilitates the healing process and rehabilitation of many offenders. As well, first time offenders who have committed certain offences, like shoplifting under $1000, are given the opportunity to moderate their behaviour through mentorship and immersion programs, etc.
Finally, many people utilize the Halifax Legal Aid to get the necessary legal advice without out-of-the-pocket cost to them. Const. Bagher stated that, when individuals have established patterns of recidivism, giving them a criminal record is the only way to control and deter their deviant behaviour. Even though this does not alter some individuals’ deviance, in most cases, it does act as an effective prevention method.
Work Cited
Bagher, Charles. Halifax Metropolitan Police Station. Conversation. May 22, 2003.
Chisholm, Vernon. Ministry of the Attorney General. Conversation. May 23, 2003.
Curtis, Bill. Investigative Report: The Parole Board. A&E Television. May 24, 2003.
Linden, Rick and Tullio Caputo. Early Theories of Criminology. Ed. Rick Linden. Criminology: A Canadian Perspective. University of Manitoba. Harcourt Canada Ltd.
McCleave, Robert. Conversation. May 24, 2003.
Schur, Edwin, M. Our Criminal Society: The Social and Legal Sources of Crime in America. Prentice-Hall Inc.
