Classical vs. Positivist School of Criminology: Comprehensive Exam Preparation Guide (2025/2026) | Verified and Accurate | 100% Correct Answers

1 Classical vs. Positivist School of Criminology: Comprehensive Exam Preparation Guide (2025/2026) | Verified and Accurate | 100% Correct Answers How do the Classical and Positivist schools address the issue of punishment for juveniles, and what are the implications of each school’s approach for juvenile justice policies? The Classical school supports a uniform approach to punishment for juveniles, arguing that the severity of the crime should determine the punishment. The Positivist school, however, advocates for an individualized approach, suggesting that juvenile offenders should be treated based on their psychological, social, and environmental factors, emphasizing rehabilitation over punishment. In what ways do the ideas of Cesare Beccaria in the Classical school and the theories of Cesare Lombroso in the Positivist school differ in their understanding of the causes of criminal behavior? Cesare Beccaria, associated with the Classical school, believed that criminals act rationally and should be deterred by swift and certain punishment. Cesare Lombroso, a key figure in the Positivist school, proposed that criminals were biologically different from non-criminals and that criminal behavior was determined by physical characteristics, challenging the notion of free will. What role does determinism play in the Positivist school, and how does this concept contrast with the Classical school’s belief in free will? The Positivist school asserts that criminal behavior is determined by factors such as biology, psychology, and social environment, rejecting the notion of free will. In contrast, the Classical school believes in free will and rational choice, arguing that individuals are responsible for their actions and can be deterred by appropriate punishment. How does the Classical school’s emphasis on punishment and deterrence impact the development of criminal justice systems, and how does the Positivist school’s focus on rehabilitation challenge these systems? The Classical school influenced the development of criminal justice systems by promoting the idea that punishment should be swift, certain, and proportionate to the crime, aiming for deterrence. The Positivist school challenges this by advocating for a more rehabilitative approach, arguing that crime can be reduced by addressing underlying causes such as mental health, environment, and social conditions. 2 In what ways do the Classical and Positivist schools of criminology influence modern criminal profiling techniques? The Classical school, with its emphasis on rational choice and deterrence, has less influence on modern criminal profiling, which focuses more on the characteristics and behaviors of offenders. The Positivist school’s influence is stronger in modern criminal profiling, as it considers biological, psychological, and environmental factors that contribute to criminal behavior, influencing forensic psychology and criminal behavior analysis. How does the Positivist school’s approach to social reform differ from the Classical school’s approach to law enforcement, particularly regarding the treatment of marginalized groups? The Positivist school advocates for social reform and the treatment of marginalized groups by addressing underlying factors such as poverty, education, and mental health, with an emphasis on rehabilitation. The Classical school, however, focuses on law enforcement and punishment, emphasizing individual responsibility and equality before the law, without considering social or economic disparities. What are the ethical implications of applying the Classical school’s philosophy of punishment to contemporary criminal justice systems, especially in terms of fairness and justice? The ethical implications of the Classical school’s philosophy involve concerns about fairness, particularly in cases where individuals may not have full control over their behavior due to mental health issues or social circumstances. The emphasis on deterrence and uniform punishment may be seen as overly harsh or unjust when applied to individuals with different needs or life experiences. How does the Positivist school’s view of criminal behavior as a product of social and environmental factors shape policies aimed at crime prevention and rehabilitation? The Positivist school views criminal behavior as influenced by factors such as upbringing, socioeconomic status, mental health, and social environment. This leads to policies focused on crime prevention through social reform, education, mental health services, and rehabilitation programs aimed at addressing the root causes of criminal behavior. In what ways does the concept of "moral responsibility" in the Classical school contrast with the Positivist school’s emphasis on "social responsibility" in shaping public perceptions of crime? The Classical school emphasizes individual moral responsibility, arguing that criminals are responsible for their actions and should be held accountable through punishment. In contrast, the Positivist school emphasizes social responsibility, suggesting that crime is a result of external factors such as poverty, education, and family structure, and that society should address these factors to reduce criminal behavior. How does the Classical school’s principle of "equality before the law" impact the development of criminal justice procedures, and how does this principle conflict with the Positivist school’s call for individualized justice? The Classical school’s principle of equality before the law ensures that all individuals are treated the same in the criminal justice system, regardless of their personal circumstances. The Positivist school, however, advocates for individualized justice, suggesting that each offender’s unique background, psychological profile, and environmental factors should be considered when determining punishment or rehabilitation. What are the primary philosophical differences between the Classical and Positivist schools of criminology, and how do these differences affect the understanding of criminal behavior? The Classical school emphasizes free will and rational choice as fundamental to human behavior, advocating for deterrence through punishment, while the Positivist school focuses on scientific methods and external factors like biology, psychology, and sociology, arguing that crime is caused by factors beyond individual control. How do the concepts of deterrence and rehabilitation differ in the Classical and Positivist schools of criminology, and which approach has been more influential in shaping modern criminal justice policies? The Classical school advocates for deterrence, believing that punishment should be swift, certain, and proportionate to the crime to prevent future offenses. In contrast, the Positivist school prioritizes rehabilitation, emphasizing the need to treat the offender’s underlying causes of criminal behavior through intervention and social reform. In the context of the Classical school, how does the concept of "punishment should fit the crime" influence the justice system, and how does this principle contrast with the views of the Positivist school? The Classical school holds that punishment should be proportionate to the crime to ensure deterrence, whereas the Positivist school suggests that punishment should be tailored to the individual’s circumstances and focused on rehabilitation, reflecting a more individualized approach to justice. How does the Positivist school’s reliance on scientific methods and empirical research challenge the assumptions made by the Classical school regarding the rationality of criminal behavior? The Positivist school challenges the Classical view by proposing that criminal behavior is not purely a result of rational choice but is influenced by factors such as biology, environment, and psychology, which can be scientifically analyzed to understand and potentially prevent crime. 3 What are the limitations of the Classical school in explaining contemporary crime, and how has the Positivist school addressed these limitations through modern criminological theories? The Classical school’s emphasis on free will and rational choice fails to account for complex social, psychological, and biological factors influencing criminal behavior. The Positivist school has expanded on this by incorporating theories that address these factors, such as sociological theories of strain, differential association, and the role of mental health. How does the Classical school’s concept of the "social contract" influence its views on criminal law, and how does this differ from the Positivist approach to social order? The Classical school views criminal law as a necessary component of the social contract, where individuals consent to obey laws in exchange for protection from harm. The Positivist school, on the other hand, focuses on understanding the social, environmental, and biological causes of crime and believes that laws should be designed to correct rather than merely punish criminal behavior. In what ways has the application of Classical criminology in the past shaped contemporary views on criminal justice, particularly in terms of legal principles such as due process and individual responsibility? Classical criminology’s emphasis on individual responsibility and due process has deeply influenced modern legal systems, ensuring that individuals are held accountable for their actions and that laws are applied equally to all, focusing on deterrence through consistent, predictable punishment. What role does the theory of "human nature" play in distinguishing the Classical and Positivist schools, and how does each school propose to address crime based on their respective views of human behavior? The Classical school views humans as rational beings capable of making free choices, believing that punishment will deter crime. The Positivist school, however, argues that human behavior is shaped by factors beyond free will, such as genetics, upbringing, and environmental influences, proposing that crime can be mitigated through social intervention and scientific understanding. What are the implications of the Classical school’s idea of "universal laws of human behavior" for the criminal justice system, and how does the Positivist school challenge this notion? The Classical school assumes that all humans act according to rational choice, leading to a one size-fits-all approach to justice. The Positivist school challenges this by suggesting that criminal behavior is the result of individual circumstances and external factors, meaning that each case must be examined on its own merits and not through generalized assumptions. 4 How does the Positivist school view the role of experts and professionals in the criminal justice system, and how does this differ from the Classical school’s approach to law enforcement and legal proceedings? The Positivist school emphasizes the role of experts, such as psychologists, sociologists, and criminologists, in diagnosing and treating the underlying causes of criminal behavior. In contrast, the Classical school relies more on the legal system to enforce laws and administer punishment, focusing on legal procedures rather than professional intervention in rehabilitation. The classical school of criminology the result of offenders free will Is a set of ideas that focuses on deterrence and considers crime Two basic tenets of classical thought are that and that 1. Criminal offenders freely choose to break the law 2. Punishment should be only as serious as the offense Classical criminology ignores offenders rationalizations and excuses and instead punishes them for For their behavior Like beccaria, Bentham advocated a new way of dealing with crime based upon the concept of utilitarianism Utilitarianism principles argued that Ethical behaviors allows the greatest number of people to benefit and society is in much better shape when all benefit , than when each individual looks out for only his/her interest utilitarianism Idea based on the principal of "the greatest good for the greatest number". Jeremy believed that this principle should be applied to every nation government, economy, and judicial system Rational choice theory has it roots in the Classical thinkers aimed to bring classical school of criminology humanitarian reform to the legal system 5 protect society from classical thinkers sought change not to make life easier for offenders but to harm done by those of offenders Cesare Beccaria laid the foundation for the classical school of thought with the idea of free will Cesare Beccaria believed that because people choose to commit crimes, they are their actions Cesare Beccaria believed that humanity is accountable for is very selfish and do things that are in our own self interest Cesare Beccaria believed that the purpose of criminal laws should be to curb criminal behavior maintain social order and Cesare Beccaria believed that the only way we can control a rational person is through punishment Cesare Beccaria believed that the right punishment is not based on revenge, its based on deterrence Cesare Beccaria believed that in order to deter, punshinment must be forever to punish someone) 2) Certain- (they have to believe that they'll get caught) 3) Sufficiently severe deterrence theory 1) Swift- (you cant wait the idea that the threat of punishments will discourage people from committing crimes Cesare Beccaria was a big advocate of fairness, justice and equality 6 Why did Cesare Beccaria believe that the power of judges should be limited We should limit the power of judges so that they didn't have discretion to eliminate bias. the only thing we should look at when sentencing someone is the criminal act. -The legislature make laws and the judge determines guilt Cesare Beccaria believed that punishment should not be cruel and usual but crime Cesare Beccaria believed that people are innocent until until proven guilty proportionate to the Cesare Beccaria believed that individuals perform a moral calculus when deciding whether to break a law, meaning that individuals act to maximize pleasure and minimize pain Cesare Beccaria believed that prevention of crime is more important than crime Jeremy Bentham classical school of thought was based on than the punishment of 1) Utilitarianism 2) hedonism (Pursuit of pleasure) 3) Pleasure/Pain principle Jeremy Bentham said that crime is driven by of an action human choices and we weigh the pleasure and pain Jeremy Bentham believed that people decided to act based on the greatest amount of pleasure and least amount of pain what they believe will bring them Because of free will, Jeremy Bentham believed that humans (we) are able to rational choices and calculated decisions Founder of Hedonistic Calculus Jeremy Bentham are able to make 7 According to Jeremy Bentham, a offender does what before breaking the law A offender does a hedonistic calculus, in which he/she calculates breaking the law by weighing the benefits/costs of their action Rational choice theory teaches that crime is rational and people make rational choices before committing a crime or engaging in deviant acts Rational choice theory defines crime as Jeremy Bentham had the goal of producing (idea of proportionality) Positivism Rational behavior producing hierarchy of punishment to deter crime branch of criminology that explains criminal behavior in terms of biological, psychological, and sociological factors a) People commit crimes because of factors beyond their control b) no opportunists c)influenced by culture, environment, and peers d) rehabilitation e) scientific method Positivist school of criminology Positivist thinkers believed that strong influences, such as the environment promotes people to promotes people to commit crimes rational choice theory addresses the crime problem 2) deterrence 3) incapacitation incapacitation confinement or isolation from society 1) situational crime prevention 8 deterrence the discouragement or prevention of crimes through the fear of punishment Variations of rational choice theory 2) Routine activities theory Situational crime theory 1) Situational crime theory The decision to commit a crime is influenced by opportunity, risk, and the benefits attached to the crime Routine activities theory lifestyle the decision to commit a crime is limited t the victim and offenders The school of thought that argues that humans do not have free will, that their behavior is determined by biological, sociological and psychological factors Positivist school of criminology positivist thinkers believe that the criminal justice system should offenders Cesare Lombroso (Positivist school of criminology) should try to rehabilitate Italian thinker who stressed the biological roots of crime and argued that there was a such thing as "born criminal" Body types (Biology-Positivist school of criminology) types pr somatotypes 1)Endomorph- excessive fat and extrovert 2) Mesomorph- extremely active and aggressive most likely to be involved in serious criminal activity 3) Ectomorph - thin body type and introvert (loner) Positivist biologist thinkers also linked criminality as humans can be divided into three basic body as an inherited trait 9 psychological theories (Positivist school of criminology) 1) Low IQ causes crime 2) Freud theories ( Id, ego, super ego) 3)mental illness and crime 4) psychopathic traits Sociological theories of crime (Positivist school of criminology) 2) Social ecology/ Concentric zone theory 3) Strain/Anomie theory 4) Control theory 5) Social learning theory 6) Modeling theory 7) Differential association 8)Reinforcement theory 9) labeling theory 10) conflict theory 1) Social disorganization Crime stems from certain community or neighborhood characteristics (poverty, unemployment etc.) Social disorganization Crime increases toward the inner city areas. people living in these areas lack sense of community Concentric zone theory High rates of crime and other problems persists within the same neighborhood over long periods of time regardless of who lives there Social ecology Coined by Emile Durkheim to explain suicide in french society and later applied by Robert Merton Anomie theory Anomie state of normlessness or norm confusion within society 10 Robert Merton version of anomie theory looks at American society and what happens when an individual realizes that not everyone can achieve the American Dream Argues that deviance occurs when a society does not give all its members equal ability to achieve socially acceptable goals Roberts Merton Strain Theory Strain much like stress: being unable to reach the goal of wealth and success (American dream) creates strain with social mores, personal strain and strain with family. Roberts Merton argued that material wealth is an overreaching goal in American society as a result people may feel worthless if they do not reach this goal and believe they must a crime they must commit Instead of asking why people commit crimes? this theory seek to explain "why they don't do it" Control theory According to the control theory, four reason why people don't commit crime are 2) involvement 3) commitment 4) belief a)criminal behavior is learned, just like anything else b) crime is learned from environment/ socialization c) you can learn from people you look up to or respect social learning theory 1) attachment a theory that believes that crime is simply a war between the have and the have nots. does not focus on individual behavior but treatment by the criminal justice system For example- white-collar offenders is more likely to receive lenient treatment than the street offender because white-collar crime is he realm of the wealthy and street crime is the realm of the lower to middle class conflict theory 11 people learn how to act by observing others Theories related to the social learning theory 2 differential association 3 reinforcement theory Modeling theory 1 modeling theory crime is learned through interaction with antisocial peers Differential association Process of shaping behavior by controlling the consequences of the behavior theory Theories under the classical school of criminology Theories under the neo-classical school of criminology deterrence theory reinforcement 1) rational choice theory 2) routine activity theory offenders calculate the advantages and disadvantages of breaking the law and what type of offense to commit rational choice theory negative labels placed on individuals allow society to treat them as deviants. These individuals internalize the labels and act upon this new diminished self concept Labeling theory 12